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Buena Park City Zoning Code

Division 12

Wireless Communication Facility Regulations and Guidelines

§ 19.1220.010 Purpose.

The Buena Park City Council has determined that these regulations are necessary:
A. 
To protect the public health, safety, welfare and quality of life in Buena Park;
B. 
To provide for the personal communications needs of the City's residents, businesses, and visitors; and
C. 
To ensure wireless telecommunications facilities of visually unobtrusive appearance.

§ 19.1220.020 Applicability.

A. 
These regulations apply to:
1. 
New wireless telecommunications facilities approved after July 26, 2001.
2. 
Additions or modifications to existing wireless telecommunications facilities approved after July 26, 2001.
3. 
Re-approvals after July 26, 2001 of existing wireless telecommunications facilities due to expiration, suspension, revocation, or other lapse of prior approval.
B. 
These regulations exempt wireless telecommunications facilities that are:
1. 
Exempted by federal or state law.
2. 
Located in the Amusement Resort (AR) Zone from the process, but not from the design standards of this chapter.
3. 
Mobile new or media units.
4. 
Authorized by the Director of Community Development as a temporary facility:
a. 
During a City Council-declared emergency or disaster.
b. 
For testing the technical feasibility of site not to exceed seven days.
c. 
For special events not to exceed seven days.
C. 
These regulations prohibit:
1. 
Ground-mounted wireless telecommunications facilities on or within 200 feet of residentially zoned property, excluding wireless telecommunications facilities located within:
a. 
A public street right-of-way; or
b. 
A high-power line easement that maintains a minimum width of 100 feet.
2. 
Wireless telecommunications facilities not of stealth design that are built, modified, or reapproved after July 26, 2001.
3. 
Wireless telecommunications facilities not in compliance with the regulations of this chapter that do not have legal non-conforming status.
(Ord. 1661 § 3, 2019)

§ 19.1220.030 Definitions.

These definitions apply to this chapter.
"Antenna"
means a device used by a wireless telecommunications facility to send or receive radio frequency signals, and includes the structure to support the antenna.
"Carrier"
means a Federal Communications commission-licensed or California Public Utilities Commission-authorized provider of wireless telecommunications services
"Collocation"
means the placement of two or more wireless telecommunications facilities on the same site, building, or structure where each facility is operated by a different carrier.
"Facade-mounted"
means attached to and supported by any part of a building other than a roof (e.g., a building wall, mechanical equipment penthouse screen, parapet railing, column or the side elements of a cupola).
"Ground-mounted"
means attached to and supported by any freestanding structure other than a building, but not including the roof of such structure (e.g., a monopole, lattice tower, street light standard or a clock tower).
"Lattice tower"
means an open, steel frame, ground mounted support structure with multiple legs and cross-members.
"Monopole"
means a single spire ground-mounted support structure.
"Multiple use"
means one wireless telecommunications facility land use and at least on other different kind of land use in or on the same structure, building or site.
"Panel antenna"
means a flat rectangular directional antenna or an array of antennas designed to concentrate a radio signal in a particular area.
"Roof-mounted"
means attached to and supported by the roof of a building or other structure (e.g., the top covering of the habitable floor space of a building or of the non-habitable space within a covered structure such as a cupola or a water tower).
"Small cell wireless facility"
means a facility that meets each of the following conditions: (a) the structure on which antenna facilities are mounted: (1) is 50 feet or less in height, or (2) is no more than 10% taller than other adjacent structures, or (3) is not extended to a height of more than 10% above its preexisting height as a result of the collocation of new antenna facilities; (b) each antenna (excluding associated antenna equipment as defined by 47 C.F.R. Section 1.1320(d)) is no more than 3 cubic feet in volume; (c) all other wireless equipment associated with the facility are cumulatively no more than 28 cubic feet in volume; (d) the facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17(e); the facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x)(f); and the facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).
"Stealth design"
means a combination of design style and locational techniques that blend a wireless telecommunications facility into its environs in a visually sensitive and unobtrusive manner.
"Whip antenna"
means an omnidirectional stick or pipe antenna with a single 360-degree sending or receiving vertical element that is no more than one inch in diameter and that is supported only at its base, with no lateral supports or arrays.
"Wireless telecommunication facility"
means a land use, structure, or facility that, in whole or in part: (a) consists of one or more antennas and related antenna-supporting structures, accessory equipment, buildings or cabinets and any other related components; and (b) is used to send or receive limited range radiofrequency signals; and (c) provides commercial cellular telephone service, personal communications service, internet access service, or other video, voice or data communications services as prescribed or allowed by the Federal Communications Commission; but wireless telecommunication facility excludes any radio or television facility exempt from local regulation by federal or state law. Without limiting the foregoing, the meaning of wireless telecommunications facilities includes a small cell wireless facility.
(Ord. 1661 § 4, 2019)

§ 19.1220.040 Approvals.

Wireless telecommunications facilities are subject to approvals at federal, state, county and city levels. Applicants are responsible to obtain approvals at each level.
A. 
Other governmental requirements may include:
1. 
Federal:
a. 
Federal Communications Commission.
(1) 
Carriers license.
(2) 
Radiofrequency electromagnetic field emission standards.
b. 
Federal Aviation Administration.
Aircraft warning lights for towers more than 200 feet high.
2. 
State: California Public Utilities Commission.
a. 
License/certificate of public convenience and necessity.
b. 
Franchise.
c. 
Service rates.
3. 
County:
a. 
The Orange County Airport Land Use Commission may have height limits for buildings and structures that are more stringent than Buena Park zoning standards near Fullerton Municipal Airport and the Armed Forces Reserve Center, Los Alamitos.
b. 
The Orange County Sheriff's Department/Communications Division sets standards for the protection of public safety communications systems within the county from interference by wireless telecommunication facilities operations which Buena Park uses to protect its local public safety communications system.
B. 
City of Buena Park requirements include:
1. 
Building, fire and other construction and safety codes.
2. 
Business license.
3. 
Zoning. The installation of a new wireless telecommunications facility, or the addition to or the modification or re-approval of an existing wireless telecommunications facility, located on private property requires:
a. 
Planning Division preliminary review to ensure that:
(1) 
City requirements for stealth design styles and locations for wireless telecommunications facility sites, antennas, and accessory equipment are duly followed; and
(2) 
Application filing requirements are met.
b. 
Director of Community Development approval of an Interdepartmental Review application for a facade-mounted or a roof-mounted wireless telecommunications facility.
c. 
Planning Commission approval of:
(1) 
An Interdepartmental Review application referred by the Director of Community Development; or
(2) 
A Conditional Use Permit application for a ground-mounted wireless telecommunications facility, at which time the Commission may impose any reasonable conditions.
d. 
City Council approval of any appeal from a Planning Commission decision on a wireless telecommunications facility application.
4. 
For telecommunications facilities located on property owned by the City, a license or lease agreement approved by the City Council.
5. 
For installation of a small cell wireless facility within the public rights-of-way, compliance with the Small Cell Regulations adopted by Resolution of the City Council, the payment of associated fees established by Resolution of the City Council, and a site permit approved by Director of Public Works.
(Ord. 1661 § 5, 2019)

§ 19.1220.050 Stealth Design.

A. 
Requirements.
1. 
Stealth design is required for all wireless telecommunications facilities.
2. 
Through its discretionary review authority, the City will encourage that the highest stealth design preference is met, as determined appropriate in each individual case.
B. 
Preferences.
1. 
Style, in preferential order.
a. 
Blocks a roof-mounted wireless telecommunications facility from view. Examples:
(1) 
By existing parapets.
(2) 
By existing mechanical equipment penthouse screens that match the building surface.
b. 
Transforms a facade-mounted or ground-mounted wireless telecommunications facility to look like artwork.
(1) 
A sculpture.
(2) 
A statue.
c. 
Camouflages a facade-mounted wireless telecommunications facility within an architectural building feature.
Examples:
(1) 
A bell tower.
(2) 
A fluted column.
d. 
Conceals a ground-mounted wireless telecommunications facility within a freestanding structure. Examples:
(1) 
A water tower.
(2) 
A flagpole.
e. 
Disguises a façade-mounted wireless telecommunications facility within its environmental backdrop by replicating the dominant visual feature of that backdrop.
Examples:
(1) 
Covering it with veneer material that matches the building surface.
(2) 
Painting it to match the building surface.
f. 
Disguises a ground-mounted wireless telecommunications facility within its environmental backdrop by replicating the dominant visual feature of that backdrop.
Examples:
(1) 
A monopalm within a palm tree grove.
(2) 
A lattice tower within a transmission power line easement.
(3) 
A creosote pole along an alley line dominated with telephone poles.
Simply painting a standard metal monopole is not acceptable.
g. 
Blocks a ground-mounted wireless telecommunications facility from view. Examples:
(1) 
By decorative masonry fences.
(2) 
By a City approved alternative.
2. 
Location, in preferential order.
a. 
Site.
(1) 
On City-owned property.
(2) 
Where inconspicuous to public view.
(3) 
On collocation facilities.
(4) 
When remote from residential areas.
(5) 
In industrial zones.
(6) 
In commercial zones.
(7) 
In open space zones.
Preferences in this category are not exclusive of one another.
b. 
Antenna.
(1) 
Roof-mounted when existing building parapets or mechanical equipment penthouses are of adequate height to fully screen the antenna from public view.
(2) 
Facade-mounted when covered with veneer treatment that matches the building exterior.
(3) 
Ground-mounted when:
(a) 
Disguised as artwork.
(b) 
Camouflaged within an architectural building feature.
(c) 
Concealed within a freestanding structure.
c. 
Accessory equipment.
(1) 
Within an existing building space.
(2) 
Within a new underground vault.
(3) 
Within a new accessory building.
(4) 
Ground-mounted and screened with fences and landscaping.

§ 19.1220.060 Standards.

These standards are minimum standards established to ensure only well designed, well maintained, and safe wireless telecommunications facilities. The discretionary review process required for wireless telecommunications facilities may be used to augment these standards where determined appropriate.
A. 
Development.
1. 
Access.
a. 
Vehicular
(1) 
Curbcut and driveway designs and installations shall be per City standards.
(2) 
Ingress and egress location and design shall be per the approval of the Director of Public Works.
(3) 
Bollards or other protective devices that separate paved vehicular areas from adjacent wireless telecommunications facilities shall not interfere with Code requirements for those areas.
b. 
Pedestrian.
(1) 
Public access shall be prohibited in a secure manner.
(2) 
Employee access shall be provided per applicable requirements of the Uniform Building Code and the Americans with Disabilities Act.
2. 
Accessory building/equipment.
a. 
Building requirements are:
(1) 
Twelve foot maximum height.
(2) 
Four hundred square foot maximum gross floor area.
(3) 
Architectural design compatibility with the primary building(s) on-site.
b. 
Equipment requirements.
(1) 
Unenclosed and not screened equipment is not acceptable.
(2) 
Also see "Stealth Design" Section 19.1220.050.B.2.c.
3. 
Antennas.
a. 
Guy wires shall be prohibited for any antenna.
b. 
No antenna shall be higher, wider, or otherwise larger than the minimum required to function optimally.
c. 
Also see "Stealth Design" Section 19.1220.050.B.2.b.
4. 
Equipment Upgrades.
a. 
When technological advancements enable equipment upgrades to provide better or safer services, those upgrades shall be undertaken as soon as practicable.
b. 
City approval of equipment upgrades is required.
5. 
Exterior lighting shall be limited to:
a. 
Aircraft warning lights the Federal Aviation Administrations may require.
b. 
Safety lighting.
c. 
Security lighting.
d. 
Landscape accent lighting.
e. 
Energy-efficient lighting.
6. 
Fencing.
a. 
Fences shall be constructed of decorative masonry or materials of equivalent durability and aesthetic quality that closely match the surroundings.
b. 
Barbed wire, concertina wire, or razor ribbon shall be prohibited.
c. 
Anti-graffiti finish shall be applied to solid fencing and gates.
d. 
Access gates shall be:
(1) 
Of a height equal to the fence.
(2) 
Made of opaque material equivalent in durability, color, and appearance to the fence.
7. 
Height.
a. 
No antenna shall be higher than the minimum required to function optimally. Optimal functionality shall not mandate City approval of.
(1) 
An antenna higher than permitted by the underlying zone; or
(2) 
Added parapet or mechanical equipment penthouse screen height for a facade-mounted or a roof-mounted antenna.
b. 
Ground-mounted antennas shall not exceed the maximum height permitted for a building by the underlying zone.
c. 
Roof-mounted Antennas.
(1) 
Height shall be measured from the top of the highest part of the antenna to the top of the roof directly below the antenna.
(2) 
Every roof-mounted antenna shall be the least of:
(i) 
Ten feet; or
(ii) 
One-quarter the height of the building or structure; or
(iii) 
The height of the top of the opaque screen that is required to shield the antenna from view.
d. 
Façade-mounted antennas, other than whip antennas, shall not exceed the top edge of the wall surface to which they are attached without extended stealth design treatment.
e. 
Whip antennas may be a maximum height of 20 feet or one-half the height of the building to which they are attached, whichever is less.
8. 
Landscaping for Ground-Mounted Wireless Telecommunications Facilities.
a. 
Detailed landscape and irrigation plans shall be submitted for City review and approval.
b. 
Unbuilt or unpaved areas shall be landscaped.
c. 
A minimum five foot deep landscape strip shall be provided adjoining all property or lease lines.
d. 
Vertical landscaping shall be employed to screen antennas and equipment and to soften building and enclosure walls.
e. 
Shrubs shall be five gallon minimum size at planting.
f. 
Plant materials shall be drought tolerant.
g. 
A timed automatic irrigation system with moisture sensors shall be provided within all landscape areas.
h. 
Six-inch high concrete curbs shall separate all landscaped and paved vehicular areas.
i. 
All plant materials shall be approved by the City as to size and condition.
j. 
All landscape, irrigation and planter curb work shall be completed and receive final inspection approval prior to operation of the facility.
9. 
Lot Size.
No wireless telecommunications facility shall be permitted on a lot smaller than the minimum size required by the underlying zone.
10. 
Parking.
a. 
A minimum of one standard size off-street parking space shall be provided for a wireless telecommunications facility, except that this requirement may be waived for unmanned wireless telecommunications facilities on multiple use or collocation sites.
b. 
The addition of a wireless telecommunications facility to a multiple use or collocation site shall not reduce the number of off-street parking and loading spaces provided for the other uses on-site to less than Zoning Ordinance required minimums.
c. 
No component of a wireless telecommunications facility shall encroach into a required parking space, back-up space, driveway aisle or vision clearance area.
11. 
Placement.
a. 
Facade-mounted antennas shall be placed as close as possible to the wall surface on which they are mounted.
b. 
Also see "Stealth Design" Section 19.1220.050.
12. 
Screening.
a. 
Screening of wireless telecommunications facilities shall be provided where higher levels of stealth design treatment are neither proposed nor required.
b. 
Roof-mounted wireless telecommunications facilities shall be screened from public view by parapets or mechanical equipment penthouse screens that:
(1) 
Closely match exterior building walls in color and texture.
(2) 
Are a minimum height equal to the highest component of the wireless telecommunications facility being screened.
Also see "Height" Section 19.1220.060.A.7.
c. 
Ground-mounted wireless telecommunications facilities that are neither proposed nor required to meet a higher stealth design style preference shall be screened from public view with fencing and landscaping that meet the requirements of this chapter.
d. 
Working drawings shall clearly detail screening features.
e. 
Slats within chain link fencing is not an acceptable screening method.
f. 
Whip antennas require no screening.
g. 
Also see "Stealth Design" Section 19.1220.050.
13. 
Separation requirements apply irrespective of City boundary lines.
a. 
A ground-mounted wireless telecommunications facility shall be separated:
(1) 
From all other ground-mounted wireless telecommunications facilities (excluding facilities with which it is collocated) by at least 1,000 feet; and
(2) 
From all residentially zoned properties by at least 200 feet.
This requirement does not apply to or from a wireless telecommunications facility located within:
(a) 
A public street right-of-way; or
(b) 
A high-power line easement that maintains a minimum width of 100 feet.
b. 
Facade-mounted and roof-mounted wireless telecommunications facilities have no separation requirements.
14. 
Setbacks.
a. 
Ground-mounted wireless telecommunications facilities:
(1) 
Shall meet the building setback requirements of the zone in which they are located.
(2) 
The review authority may decide that this requirement does not apply to stealth designs that replicate artwork, or that totally envelop the antenna in a freestanding structure so that it is invisible, such as within a flag pole or a water tower.
b. 
Façade-mounted wireless telecommunications facilities.
(1) 
Have no setback requirements;
(2) 
Shall not project beyond any property line;
(3) 
Shall not have less of a vertical clearance than the City requires for pedestrian and vehicular safety; and
(4) 
Shall not project horizontally more than 18 inches from the building surface to which they are attached.
c. 
Roof-mounted wireless telecommunications facilities:
(1) 
Have no setback requirements; but
(2) 
Shall not project horizontally beyond exterior building walls.
15. 
Signs.
a. 
Only the following types of signs, not to exceed eight square feet in the aggregate, shall be permitted:
(1) 
Emergency notification signs.
(2) 
Safety signs.
(3) 
Warning signs.
b. 
Advertising signs, temporary or permanent, shall be prohibited.
16. 
Undergrounding.
All hardwire lines required for wireless telecommunications facilities shall be underground.
B. 
Operational.
1. 
Abandonment.
a. 
The carrier shall notify the Director of Community Development prior to any planned interruption or cessation of operation of a wireless telecommunications facility.
b. 
Any 90-consecutive day lack of use constitutes abandonment.
c. 
A written notice of determination of abandonment shall be sent by the City by first class mail, or personally delivered, to the carrier of the wireless telecommunications facility at the carrier's business address on file with the City. The carrier shall remove the facility and restore the site to pre-facility condition within 45 days of the date of the notice, unless appealed to the Planning Commission.
d. 
Appeals of abandonment determinations shall follow procedures prescribed in Chapter 19.120 of this Title.
e. 
Failure to timely remove an abandoned wireless telecommunications facility may result in forfeiture of the letter of credit or other guarantee required as well as the imposition of other City Code violation fines and penalties to which property owners and master lease holders and lessees in violation of Code may be subject.
f. 
Demolition and restoration work shall conform to City requirements.
g. 
Letter of Credit.
(1) 
An irrevocable letter of credit, surety bond or other guarantee acceptable to the City Attorney shall be posted with and in favor of the City prior to issuance of a building permit in an amount equal to 150 percent of the estimated cost to demolish the facility and restore the property to its prior condition.
(2) 
Should the carrier not be the property owner or master lease holder of the land, building or structure on which the wireless telecommunications facility is located, the carrier shall provide, along with the letter of credit or other guarantee, written authorization by the property owner or master lease holder for the City to accomplish the demolition and restoration, if necessary.
(3) 
Should the facility be abandoned and not demolished by the carrier, the City may use this letter of credit or other guarantee to accomplish the demolition and restoration.
(4) 
Any salvage value resulting from City-accomplished demolition shall belong to the City.
(5) 
If timely demolition and restoration is accomplished by the carrier, the City shall return the letter of credit or other guarantee to the carrier.
2. 
Cumulative Impacts.
City review of individual wireless telecommunications facility applications will include assessment of the total impact of all wireless telecommunications facilities within Buena Park and within 1,000 feet of the City of Buena Park boundaries.
3. 
Generators.
Gasoline or diesel powered generators may only be operated:
a. 
During power outages.
b. 
For testing and maintenance, 9:00 a.m. to 4:00 p.m., Mondays through Fridays, excluding holidays.
4. 
Interference.
Wireless telecommunications facilities shall not interfere with public safety communications networks. Specific conditions shall be included with each wireless telecommunications facility approval to address this issue.
5. 
Maintenance.
All requirements, including landscaping, shall be continuously maintained to City standards.
6. 
Monitoring of Radiofrequency Electromagnetic Field Emissions.
The City shall be provided wireless telecommunications facility monitoring reports with conclusions and recommendations, prepared at the applicant's expense by a qualified engineer, that assess ongoing compliance with federal and state radiofrequency electromagnetic field emission requirements:
a. 
No sooner than the first 30 nor later than the first 60 days of operation; and
b. 
Thereafter, annually.
7. 
Ownership Transfer.
a. 
Should ownership, leasehold interest or operation of a wireless telecommunications facility transfer, the Director of Community Development shall be notified immediately.
b. 
City approval and requirements will automatically extend to the new owner/lease holder/carrier.
c. 
The transferor shall notify the transferee of these City requirements.
8. 
Safety.
a. 
Wireless telecommunications facilities shall only be operated in continuous compliance wit the safety standards and requirements of all applicable regulatory agencies and jurisdictions.
b. 
Noncompliance with this requirement constitutes noncompliance with this chapter.
C. 
In connection with the Planning Commission's discretionary review of ground-mounted wireless telecommunications facilities, the Commission shall establish a five-year life which may be extended by the Planning Commission upon the applicant's request. The Commission shall determine whether the facilities comply with all statutes, ordinances and regulations in effect at the time of the request.

§ 19.1220.070 Preemption.

The provisions of this chapter shall preempt and supersede any and all inconsistent provisions of this Title.