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Except as otherwise permitted by this division, sign area for auctions, Christmas tree lots and vegetable, fruit and flower stands shall be limited to one temporary unlighted attached sign not to exceed 20 square feet in area. When such temporary use is located in a C-R zone, an additional two directional signs, of no more than six square feet each, shall be permitted. These additional signs shall be constructed of wood. All signs shall pertain only to the goods sold on the premises upon which displayed. Such signs shall not be located closer than five feet to any property line or street right-of-way.
(`64 Code, Sec. 34-4.8) (Ord. No. 1836)
(A) No temporary use permit shall be granted for the temporary occupancy of a mobile home, coach or other similar prefabricated or manufactured structure for use other than as a temporary construction office as provided in this article. Any use of such type of structure other than as specified herein shall comply with provisions of this chapter and the building codes applied to permanent structures.
(B) Except as otherwise permitted by or provided for in this chapter, no retail commercial use that engages in outdoor sale, display, promotion or storage of products or goods in commercial zones shall be permitted, except that this prohibition shall not apply to the outdoor displays of nurseries and lumber yards; the outdoor display of automotive products associated with a service station use; and the outdoor display of other large commodities, such as automobiles, motorcycles, and noninflatable craft, associated with retail sales.
(C) All sales offices for attached or detached residential projects shall be located within a specified dwelling unit. If the sales office is located in the garage of the dwelling unit, all improvements to the garage made to accommodate the office shall be removed before the dwelling unit is sold. As a condition of a planned development permit or a development plan permit, the approval body may authorize sales offices in trailer coaches and similar temporary structures.
(`64 Code, Sec. 34-4.9) (Ord. No. 1836, 2515)
DIVISION 16. WIRELESS COMMUNICATION FACILITIES
(A) The purpose of this division is to provide standards governing the installation of towers, antennae, and other wireless communications facilities to greatly reduce or eliminate any adverse economic, safety or aesthetic impacts on neighboring property owners and the entire city.
(B) Specifically, the purpose of this division is to:
(1) Permit towers to be located only in non-residential areas and minimize the total number of towers throughout the city;
(2) Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(3) Encourage the location of towers and antennae in areas where any adverse impacts on the city are minimal;
(4) Encourage the configuration of towers and antennae to minimize adverse visual impacts through careful design (such as the use of stealth facilities), siting, landscape screening, and other camouflaging techniques;
(5) Expand the availability of quick, effective and efficient wireless communications services in the city;
(6) Consider any potentially adverse effects that wireless communications towers have on health and safety; and
(7) Use careful design and siting of towers to avoid damage to adjacent properties.
(`64 Code, Sec. 34-230) (Ord. No. 2449)
(A) ALTERNATIVE WIRELESS COMMUNICATIONS FACILITY - Mounting structures, including man-made trees, clock towers, bell steeples, light poles, and similar structures designed to camouflage or conceal the presence of antennae or towers.
(B) ANTENNA - A device used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.
(C) ANTENNA ARRAY - One or more rods, panels, whips, dishes or similar devices used for the transmission or reception of radio frequency signals.
(D) ATTACHED FACILITY - An antenna array or equipment facility attached to an existing building or structure, located either inside or outside of the building or structure.
(E) CELL SITE - A geographical area with a typical radius of ½ mile to five miles, containing both transmitting and receiving antennae.
(F) CELLULAR - Analog or digital wireless communications technology based on systems of interconnected neighboring cell sites.
(G) CO-LOCATION - The locating of antennae from more than one provider on a single building- mounted, roof-mounted wireless communication facility.
(H) ELECTROMAGNETIC FIELD - The local electric and magnetic fields that envelop the surrounding space, as by the movement and consumption of electric power by transmission lines, household appliances and lighting.
(I) EQUIPMENT FACILITY - A structure containing ancillary equipment for a wireless communications facility, including cabinets, shelters, and similar structures.
(J) FAA - The Federal Aviation Agency.
(K) FCC - The Federal Communications Commission.
(L) LATTICE TOWER - A multi-sided, open, metal frame tower.
(M) MANAGER - The city's planning and environmental services manager.
(N) MICRO-CELL FACILITY - A wireless communications facility consisting of not more than four antennae per site, each with dimensions no greater than two feet by two feet (typically mounted on existing structures or utility poles) or one foot by four feet; provided, however, that cylindrical antennae less than six inches in diameter that transmit and receive signals in 360 degrees may be no greater than five feet in height.
(O) MONOPOLE - A single pole wireless communications facility.
(P) DIVISION - The city's planning and environmental services division.
(Q) RADIO FREQUENCY RADIATION - Electromagnetic radiation in the portion of the spectrum from 3 kHz (kilohertz) to 300 GHz (gigahertz).
(R) REVIEWING AUTHORITY - The person or body designated by the code or city regulations to decide applications for antennae, equipment facilities and wireless communication facilities, or matters related thereto, or appeals from such decisions.
(S) SCENIC HIGHWAY - A road, street, highway or freeway designated as a scenic highway in the open space/conservation element of the city's general plan.
(T) STEALTH FACILITY - A wireless communications facility designed to blend into the surrounding environment, typically architecturally integrated into a building or other concealing structure, also called an “alternative wireless communications facility.”
(U) TOWER - A structure higher than its diameter and high relative to its surroundings, free-standing or attached to another structure, of skeleton framework or enclosed, that is erected primarily for the purpose of supporting one or more antennae for wireless communications facilities.
(V) WIRELESS COMMUNICATIONS - Personal wireless services as defined in the Telecommunications Act of 1996, including cellular, personal communication, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services.
(W) WIRELESS COMMUNICATIONS FACILITY - A structure, including a tower, pole, monopole, lattice tower, water tower, building or other structure, that supports antennae and related equipment that sends or receives radio frequency signals.
(`64 Code, Sec. 34-232) (Ord. No. 2449)
(A) In general - Wireless communications facilities shall not be constructed, installed, or maintained before approval is granted by the manager or a special use permit is issued, as set out in this section. Applicants are encouraged to submit a single application for multiple wireless communications facilities.
(B) Approval by manager - Within the time period and with such public notice as is prescribed by State law, the manager shall approve or conditionally approve applications for the following wireless communications facilities that comply with all of the development standards of this division and the zone in which such facilities are to be located.
(1) A stealth facility not located in a residential zone;
(2) A stealth facility within 500 feet of a scenic highway;
(3) An attached or roof-mounted wireless communications facility that is more than 500 feet from a scenic highway;
(4) A co-located wireless communications facility that is more than 200 feet from a scenic highway;
(5) A wireless communications facility on property owned, leased, or otherwise controlled by the city; and
(6) A micro-cell facility within a public right-of-way or utility easement.
(C) Denial by manager; appeal - If an application to the manager for wireless communications facilities does not meet the standards set out in subsection (B) above, the manager shall deny the application in writing, stating the basis for denial. Within ten days of the manager's denial of an application for wireless communications facilities, the applicant may appeal the manager's decision to the commission by filing with the secretary of the commission a written notice of appeal, stating the reasons that the applicant believes the manager's decision to be incorrect. The secretary of the commission shall set the date of hearing on the appeal for not less than 21 or more than 30 days from the date of filing the appeal and shall give notice of a public hearing on the appeal pursuant to Cal. Gov't Code, Section 65091. Not more than 30 days following the termination of the hearing on the appeal, the commission shall adopt a resolution granting or denying the appeal. The decision of the commission shall be final and not subject to further administrative appeal.
(1) A wireless communications facility in a residential zone;
(2) A non-stealth facility in a commercial, manufacturing, business and research park, or central business district zone;
(3) A wireless communications facility with an individual support tower (e.g., monopole or lattice tower);
(4) A non-stealth facility within 500 feet of a scenic highway, when the facility is significantly screened;
(5) An attached facility within 500 feet of a scenic highway or a co-located wireless communications facility on an existing tower within 200 feet of a scenic highway;
(6) A wireless communications facility that does not comply with all of the development standards of this article or the zone in which such facility is to be located, but that can be conditioned to eliminate potential impacts or reduce potential impacts to an acceptable level through the issuance of a special use permit in conformance with this article.
(7) A wireless communications facility within a Southern California Edison (SCE) substation, whether or not located within 500 feet from a scenic highway, as long as the substation contains existing SCE poles at least as tall as one-half the height of the proposed wireless communications facility and such facility is unobtrusively integrated into the substation design.
(E) Issuance of master special use permit - In order for the city to control cumulative development of wireless communications facilities on a parcel, a master special use permit issued pursuant to sections 16-530 to 16-553 is required when an additional wireless communications facility is proposed on a parcel that already has one or more such facilities. The applicant for the master special use permit shall be the property owner, not a lessee; however, a lessee may act as the property owner's agent.
(F) Information for special use permit or manager's approval - The application for a special use permit or for the manager's approval shall require the following information. If the application is for the manager's approval, the manager, in his or her discretion, may waive items of information.
(1) Site information -
(a) A scaled site plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including that of any adjacent municipality or the county), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, fencing and other information required by the manager;
(b) A complete description of the site, including what telecommunications objectives the proposed wireless communications facility will implement, such as coverage areas and system capacity;
(c) A legal description of the boundaries of the site and the legal parcel;
(d) A map showing the location of the nearest habitable structure, if closer than 1,000 feet, and the distance from the proposed wireless communications facility to the structure;
(e) A map showing the distance of the proposed wireless communications facility from other facilities and the type of construction of existing wireless communications facilities; and
(f) A map and a description of on-site and adjacent scenic areas (including scenic highways), habitat resources, water bodies, and significant vegetation.
(2) Electromagnetic frequency information -
(a) A report prepared by a radio frequency engineer approved by the manager, showing that radio frequency radiation/electromagnetic frequency emitted by the proposed wireless communications facility will conform to the safety standards adopted by the FCC.
(b) The manager shall waive the foregoing report if the applicant submits evidence satisfactory to the manager that the proposed wireless communications facility meets the environmental evaluation exemption standards set out in Title 47 of the Code of Federal Regulations.
(3) Co-location information - The applicant shall demonstrate that the applicant has made reasonable efforts to colocate the proposed wireless communications facility in accordance with sections 16-489. The applicant shall provide:
(a) A written summary of all efforts to co-locate the proposed wireless communications facility with an existing such facility, either on the same property or in the general vicinity, including copies of requests for co-location to existing carriers and any responses received;
(b) If an existing wireless communications facility is not proposed for co-location, a letter explaining why such facility is not suitable for co-location, including factors such as lack of existing towers in the area, topography, frequency interference, line of sight problems, available land, and zoning restrictions; and
(c) A statement as to whether construction of the proposed wireless communications facility will accommodate co-location of additional antennae for future users.
(4) Visual impact information -
(a) Photographs or computer enhanced representations of the project site “before” and “after” installation, showing the proposed tower and antennae and any landscaping or screening proposed to lessen the visual impact of the wireless communications facility;
(b) If the site is visible from a scenic highway, a residential neighborhood, or a public hiking trail, the photographs or computer enhanced representations shall show the site from those points of view. If the photographs or computer enhanced representations show multiple viewpoints, the applicant shall also provide an index map and key for identification.
(c) The color proposed for the tower and the reasons why that color is best for the proposed location;
(d) A landscape plan designed to screen the proposed wireless communications facility to the maximum extent feasible, or statement of reasons why landscaping is not necessary or feasible;
(e) Additional information, maps, drawings, as required by the manager, designed to show that the proposed wireless communications facility meets the intent of the city's general plan and scenic resource protection goals and policies.
(5) Capacity information - Information on the total antenna capacity for the proposed tower and any other proposed structures.
(6) Statement of intent - A statement of intent regarding the establishment of utilities and services, such as electricity.
(7) Evidence - Evidence that the parcel for the proposed site was legally created.
(8) Access proof required - A title report or other document demonstrating that the applicant has legal access to the proposed site.
(9) Lease agreement - An agreement to lease space on the proposed support structure to other users.
(10) Failure characteristics - Documentation that identifies failure characteristics of the tower and demonstrates that the site and setbacks are of adequate size to contain falling debris.
(11) Notification proof required - Evidence that the applicant has notified all wireless communications service providers of the applicant's plans to develop the proposed wireless communications facility.
(12) Operating license - Evidence that the applicant has a current operating license from the FCC.
(G) Additional information for master special use permit - The application for a master special use permit shall require the following information, as well as the information required for a special use permit:
(1) A plot plan of the proposed master special use permit boundary, showing all existing and proposed wireless communications facilities, any additional area needed to provide required landscaping or screening for such facilities, and the boundaries of individual lease areas; and
(2) Elevations and total build-out information for each tower.
(H) Fees - No application for wireless communications facilities or appeal from decisions of the manager or the commission concerning such applications shall be accepted unless accompanied by a fee in the amount set by resolution of the city council.
(I) Expiration and reapplication -
(1) Any approval by the manager or special use permit or master special use permit granted for stealth, micro-cell or significantly screened wireless communications facilities, or wireless communications facilities located in SCE substations, that become more prominent or visible because of a change in the support structure, screening, surrounding structures or landscape, shall be deemed to expire on 90 days' written notice from the manager to the wireless communications facilities provider, provided, however, that the manager may extend the period of expiration as set out in subdivision (2) of this subsection. Examples of such situations include, but are not limited to, the removal of vegetation that formerly screened such facilities; the removal or deterioration of a structure that formerly screened such facilities; and the removal of an SCE substation or the undergrounding of utilities in an SCE substation in which such facilities are located.
(2) Such notice shall identify the location of the wireless communications facilities and the change that rendered such facilities more prominent or visible. Such notice shall state that the wireless communications provider shall reduce such prominence or visibility by taking action as described by the manager, to be completed to the satisfaction of the manager within 90 days of the date of the notice or the approval or special use permit or master special use permit shall expire 90 days from the date of the notice. Alternatively, the notice shall state that no action can be taken to sufficiently reduce such prominence or visibility, and shall require the wireless communications provider to remove the wireless communications facilities within 90 days of the date of notice. The manager may extend any such 90-day period for a reasonable time if the manager determines that the wireless communications provider is exercising due diligence to take the required action and reasonably requires more time to complete the required action.
(3) If the wireless communications provider does not appeal the issuance of such notice and attempts to comply with the notice by taking the action specified by the manager to reduce the prominence or visibility of the wireless communications facilities, and the manager is not satisfied with such attempts, the manager shall give written notice to the wireless communications provider of additional corrective action that must be completed within a specified time. In the alternative, or after such additional corrective action has been attempted, the manager may give written notice to the wireless communications provider that such attempts are unsatisfactory and that the approval, special use permit or master special use permit has expired or will expire at the time stated in the original notice.
(4) Within ten days of the manager's issuance of a notice under this subsection (I), the wireless communications provider may appeal to the commission as provided in subsection 16-488(C) or may file a new application for the wireless communications facilities on a basis other than stealth, micro-cell or significantly screened facilities. The expiration of the approval or special use permit or master special use permit shall be stayed pending the commission's decision on the appeal or the manager's or commission's decision on the new application.
(5) On or before expiration of an approval, special use permit or master special use permit under this subsection (I), the wireless communications provider, at such provider's expense, shall remove the wireless communications facilities.
(`64 Code, Sec. 34-233) (Ord. No. 2449, 2539)
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