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El Cajon City Zoning Code

CHAPTER 17

245 WIRELESS COMMUNICATIONS FACILITIES

§ 17.245.010 Title.

This chapter shall be known as the "wireless ordinance."
(Ord. 4950 § 3, 2010)

§ 17.245.020 Intent and purpose.

The intent and purpose of this section is to establish standards for the siting, development, and maintenance of wireless communications facilities and antennas defined in Chapter 17.105. The regulations set forth herein are intended to protect and promote the public health, safety, community welfare and the aesthetic quality of the city as set forth within the goals, objectives and policies of the general plan, while concurrently allowing for the efficient development of a wireless communications infrastructure in accordance with the guidelines and intent of the Federal Telecommunications Act of 1996. Finally, because the wireless communications industry utilizes unique technologies that are in a constant state of change, it is intended that these regulations be appropriate for the analysis of various siting and facility circumstances.
(Ord. 5018 § 124, 2015)

§ 17.245.030 Applicability.

The provisions of this chapter shall apply to all wireless communications facilities proposed to be located in any residential, office, commercial or industrial zone except as provided below in Section 17.245.060.
(Ord. 4950 § 3, 2010)

§ 17.245.040 Permits required.

A conditional use permit processed in accordance with Chapter 17.50 of this title shall be required for all wireless communications facilities proposed to be located in any residential zone. Further, a conditional use permit shall be required for any proposed freestanding facility, including collocation facilities, in any commercial, office or industrial zone. A site development plan permit processed in accordance with Chapter 17.65 of this title shall be required for any architecturally integrated facility in commercial, office or industrial zones only, and any new collocated facilities added to a collocation wireless communications facility approved by a conditional use permit and accompanied by either a negative declaration, mitigated negative declaration, or environmental impact report. Subject to the determination of the director, any modification to existing wireless facilities may require an amendment of the applicable conditional use permit or site development plan.
(Ord. 5081 § 37, 2019)

§ 17.245.050 Application requirements.

In addition to meeting standard application submittal requirements for conditional use permits pursuant to Chapter 17.50 of this title, or site development plans pursuant to Chapter 17.65 of this title, all applications shall include the following:
A. 
Provide a description of the services that the applicant proposes to offer or provide at the proposed site;
B. 
Provide documentation certifying the applicant has obtained all applicable licenses or other approvals required by the Federal Communications Commission and, if applicable, the California Public Utilities Commission, to provide the services proposed in connection with the application;
C. 
Submit a visual impact analysis consisting of photo-simulations, a photographic montage, elevations or other visual or graphic illustrations of the proposed wireless communications facilities, including antennae, which includes proper coloration and blending of the facility with the proposed site and surrounding area;
D. 
Identify the geographic service area for the proposed site, including a map showing the site and the associated "next" cell sites within the network. Describe how the proposed site fits into and is necessary for the company's service network and include possible alternative locations;
E. 
Provide a written report of the assessment of all potential alternative sites, as well as a statement that an effort was made to attempt co-location at another site;
F. 
Provide signal strength and wireless coverage maps depicting the strength of wireless signals in the proposed project area. Provide one map depicting existing signal strengths and provide another map depicting the signal strength anticipated with operation of the proposed facility.
(Ord. 4950 § 3, 2010; Ord. 4984 § 84, 2013; Ord. 5018 § 126, 2015)

§ 17.245.060 Exceptions.

Satellite dish antennas described in Section 17.225.120 of this title are exempt from the requirements of this section. In addition, fixed wireless service antennas are not required to meet the provisions of this chapter and are exempt from review by the planning commission and city council. Also, amateur radio antennas, as defined in 47 CFR 17.3, are exempt from the requirements of this section.
(Ord. 4950 § 3, 2010)

§ 17.245.070 Director's determination.

Following the review of any application, the director may determine that a conditional use permit is necessary because the proposed project will have a substantial effect on the surrounding area or because the wireless communications facility is of sufficient size to warrant the consideration of the planning commission.
(Ord. 4950 § 3, 2010)

§ 17.245.080 Development and design standards.

Every proposed wireless communications facility shall satisfy the following development and design standards:
A. 
The installation of wireless communications facilities shall not reduce the number of required parking spaces on any proposed sites in any zone.
B. 
All wireless communications facilities and accessory equipment shall meet the required setbacks of the underlying zone, except that in any residential zone, the minimum setback for any antenna or equipment building from any property line shall be 20 feet. Furthermore, any wireless facility located in a commercial or manufacturing zone shall maintain a setback of 20 feet from any adjacent residentially zoned property.
C. 
Each service provider with a wireless communications facility in the city shall obtain a city business license.
D. 
All proposed wireless communications facilities shall be located so as to minimize their visual impact to the maximum extent feasible, considering technological requirements, by means of placement, screening and camouflage, as well as landscaping, to be compatible with adjacent uses, existing architectural elements, topography, neighborhood landscaping, and building materials, and other site characteristics.
E. 
Architecturally integrated wireless communications facilities shall satisfy the following development and design standards:
1. 
Shall be painted and textured to match the existing structure or building;
2. 
Shall be constructed at the minimum height possible while complying with the building height requirements of this title to serve the service area and be designed to minimize their visibility from surrounding areas;
3. 
Shall be integrated architecturally to match the style and character of the structure they are attached to, in conformance with Chapter 17.180; and
4. 
May be developed as a steeple, spire, clearstory, or similar architectural projection in accordance with section 17.130.115.
F. 
Freestanding facilities shall be discouraged unless no reasonable alternative is possible. This type of facility shall satisfy the following development and design standards:
1. 
Shall be of a stealth design only (e.g., piece of art/sculpture, clock tower, flag pole, tree or other interesting, appropriate and compatible visual form). They shall be painted and designed to blend in with the surrounding area. Landscaping necessary to minimize the visual effect of a stealth freestanding facility shall be provided;
2. 
Shall be designed to the minimum functional height and width required to support the proposed wireless facility; and
3. 
Shall not exceed 70 feet in height.
G. 
Wireless facility support structures such as equipment buildings, cabinets, cables, air conditioning units and fencing, shall be painted and textured to match the surrounding physical area and screened with landscaping in order to minimize visual impacts.
H. 
No advertising signs shall be placed on any facilities or equipment.
(Ord. 5081 § 39, 2019)

§ 17.245.090 Operation and maintenance.

All wireless communications facilities shall comply with the following operational and maintenance standards in order to obtain an appropriate level of compatibility:
A. 
Air conditioning units and noise generating equipment shall comply with the noise standards as stated in Section 17.115.130(C) of this title;
B. 
In residential zones, security lighting shall only be illuminated by a timing device with shielding installed to limit light exposure on neighboring properties;
C. 
All wireless communications facilities and related equipment shall be maintained in good condition and free from trash, debris, and graffiti and any other form of vandalism. Any damaged wireless communications facilities or equipment shall be repaired as soon as reasonably possible so as to minimize dangerous conditions or visual blight;
D. 
Wireless communications facilities containing landscaping elements shall be maintained in good condition at all times. Damaged, dead or decaying landscaping shall be promptly replaced;
E. 
In residential zones, routine equipment maintenance shall only be conducted during the hours of 8 a.m. to 5 p.m. Monday through Friday. In all other zones, routine maintenance may be conducted at any time;
F. 
Emergency maintenance shall only be conducted during power outages or equipment failure;
G. 
In residential zones, non-emergency visits, for scheduled upgrades, other than as described above in subsection (E) of this section, shall require 72-hour notice to the city and adjacent neighbors. No more than one scheduled upgrade shall be permitted every 12 months; and
H. 
An annual statement that the wireless communications facility conforms to the current FCC safe exposure standards shall be submitted to the department of community development.
(Ord. 4950 § 3, 2010; Ord. 4968 § 86, 2011; Ord. 5033 §§ 48, 49, 2015)

§ 17.245.100 Discontinuation of wireless communications facilities.

Any service provider discontinuing operations of wireless communications facilities located within the city for an uninterrupted period of six months, shall promptly remove such abandoned or discontinued facilities unless the service provider notifies the city in writing of their intention to maintain the facility. The city will consider this written request in determining the status of the facility. The service provider shall remove or cause the removal of the wireless communications facility, including all antennae, cables, cabinets, equipment buildings, poles and support equipment, within 30 calendar days of its termination of operations. If the service provider fails to remove the facility, the subject property owner will be required to have the facility removed.
(Ord. 4950 § 3, 2010)

§ 17.245.110 Revocation of permit.

Wireless communications service providers and their operational facilities shall comply with all conditions of approval in the applicable application(s) and the standards set forth in this title, as well as other applicable provisions of this code, at all times. Failure to comply with any condition of approval or standard in this title shall constitute grounds for possible revocation in accordance with Chapter 17.35 of this title.
(Ord. 4950 § 3, 2010)