This section establishes standards for the development and operation of telecommunications facilities including satellite dishes and wireless communications facilities. Satellite dishes are a permitted use in residential, commercial, and industrial zoning districts in compliance with Article II (Zoning Districts and Allowable Land Uses) subject to regulations in Section 16.44.170A. Wireless communications facilities may not be permitted with a conditional use permit subject to the regulations in Section 16.44.170B.
A. Satellite Dishes. Satellite dishes, including portable units, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) regulations and in compliance with this section. Satellite dishes with a maximum diameter of one meter are not regulated by this chapter.
1. Plans. Plans for satellite dishes shall be submitted with each application for a building permit, and shall include a site plan and elevation drawings indicating the color, diameter, foundation details, height, landscaping, setbacks and method(s) of screening.
2. Painting. The dishes and any supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.).
3. Setbacks. Satellite dishes shall not be located within front or street side yard setbacks without approval of a minor variance and shall not extend beyond the property lines.
4. Underground Wiring. All wiring shall be placed underground, whenever possible.
5. Residential Zoning District Standards. In residential zoning districts, satellite dishes shall be subject to the following requirements.
a. Development Plan Permit. A development plan permit, in compliance with Chapter 16.56 (Development Plan Permits), shall be required for the construction and/or placement of a satellite dish in a residential zoning district. Not less than thirty (30) days after acceptance of an application as complete, the director shall schedule the time and date on which the director's decision on the application is to be made.
At least ten days before the date on which the decision will be made, the director shall give notice of the proposed use by mail to the applicant and all property owners within a one hundred (100) foot radius of the exterior boundaries of the subject property.
b. Ground-mounted. Only ground-mounted dishes be allowed. The dish shall be located only within the rear yard of the parcel, at least five feet from the rear lot line of an interior parcel, and fifteen (15) feet from the street side lot line of a corner parcel. This provision may be modified by the di-rector if strict compliance would result in substandard reception.
c. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception.
d. Fence or Wall. Satellite dishes shall be separated from adjoining properties by a minimum six- (6-) foot-high solid fence or wall, or by plants or trees of equal height, approved by the director.
e. Height. The height of the antennae shall not exceed ten feet, at the highest point of the dish. This provision may be modified by the director if strict compliance would result in substandard reception.
f. Number. Only one satellite dish shall be allowed on a parcel.
g. Setbacks. A satellite dish that is taller than adjoining property line fences shall be located away from the side or rear property line a distance equal to or greater than the height of the dish.
6. Nonresidential Zoning District Standards. In nonresidential zoning districts, satellite dishes may be roof- or ground-mounted subject to the following standards.
a. Development Plan Permit. A development plan permit in compliance with Chapter 16.56 (Development Plan Permits) shall be required for the construction and/or placement of a satellite dish in a commercial or industrial zoning district.
b. Ground-mounted. If ground-mounted, dishes shall not be located between a structure and an ad-joining street and shall be screened from public view and neighboring parcels.
c. Roof-mounted. If roof-mounted, dishes shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the director. Screening materials shall be architecturally compatible with the rest of the structure.
c. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception.
d. Height and Location. The height and location of the satellite dish shall comply with the requirements of the applicable zoning district. The height provision may be modified by the director if strict compliance would result in substandard reception.
e. Setbacks. If the subject parcel abuts a residential zoning district, the dish shall be set back a mini-mum distance from the lot line equal to the height of the antenna.
B. Wireless Communications Facilities. Wireless communications facilities may be permitted with a conditional use permit as provided in Section 16.44.170B4. Wireless communications facilities, including supporting towers and related ground-mounted structures and equipment shall be designed, constructed/installed, and maintained in compliance with the following development standards.
1. Site Selection Order of Preference. Wireless communication facilities shall be located in the order of preference outlined below. As part of the application process, applicants for cellular wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in compliance with this subsection.
a. On existing structures (e.g., a billboard, church steeple, communication towers, freestanding sign, water tank, etc.);
b. In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; or
c. On parcels without significant visual mitigation required.
2. Locational Criteria. Wireless communication facilities shall not be located within a front or street side yard in any zoning district.
3. Co-location. City agencies, special districts, and utility providers shall encourage and allow "co-location" of wireless communications equipment on appropriate existing structures and towers subject to reasonable engineering requirements.
4. Equipment Height. Wireless communications facilites that do not exceed fifteen (15) feet over the height limit for the applicable zone may be approved with a minor conditional use permit issued by the director, pursuant to Chapter 16.52. Facilities that exceed fifteen (15) feet over the maximum height of the applicable zone require a conditional use permit issued by the Planning Commission, pursuant to Chapter 16.52. Height shall be measured from finish grade to the highest point of the facility.
5. Painting. The equipment and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray. etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood:
6. Plans. Plans for the wireless communication facility shall be submitted with an application for a minor conditional use permit, in compliance with Chapter 16.52:
7. Signs. Identification signs, including emergency phone numbers of the wireless service provider, shall be posted and readable at ground level, at all equipment/tower sites;
8. Underground Wiring. Electrical and equipment wiring shall be placed underground: and
9. Unused/Obsolete Equipment. Unused/obsolete equipment or towers shall be removed from the site within six months after their use has ceased.
10. Fencing. Fencing may be constructed around the site in compliance with the provisions of Chapter 16.22 (Fences, Hedges, and Walls). Wrought iron fencing shall be used when adjacent to freeways.
11. Landscape Screening. Screening of the site shall be provided subject to the review and approval of the director.
12. Other Requirements. The following additional items shall be submitted fora wireless telephone antennae:
a. Photo enhancement showing monopole or tower as it would appear after construction, including landscaping. If an architecturally enhanced pole is to be utilized, examples shall be provided.
b. Map of regional network for the system.
c. Map of search ring and a matrix of all properties within the search ring. The map shall demonstrate primary location and any alternatives within the search ring.
(Ord. 427-09 § 4, 2009; Ord. 182 § 2 (part), 1997)