La Canada Flintridge
City Zoning Code
City Zoning Code
CHAPTER 11
26 PERSONAL WIRELESS SERVICES FACILITIES
§ 11.26.010 Purpose and Intent.
Personal wireless service(s) facilities (PWSF), if not properly integrated or screened from view, will adversely affect the character and visual appearance of the city. It is the purpose of this chapter to establish uniform and comprehensive development standards that will maintain and enhance the city's character as being a low-density, wooded, predominantly single family residential and hillside community. These standards and controls are intended to ensure that the design and location of these antennas and related facilities are consistent with previously adopted policies of the city as set forth in the general plan; to guide the orderly development of the community; to promote the public health, safety, comfort, convenience, and general welfare of the city; to encourage wireless telecommunications service providers to co-locate on new and existing monopole sites; to encourage wireless telecommunications service providers to configure monopoles and antennas in a way that minimizes any adverse visual impact; to enhance the ability of wireless telecommunications service providers to provide such services throughout the city quickly, effectively and efficiently; and to provide all users of real property affected by the placement of PWSF with the opportunity to comment on the placement of such facilities. Furthermore, it is the intent of this chapter to permit PWSF where they can be installed without creating adverse economic, or safety impacts on neighboring property owners and the overall community.
(Ord. 323 Exh. A, 2001)
§ 11.26.020 Definitions.
means a provider of personal wireless services who applies to the city to install a PWSF.
means inoperative or unused for a period of 180 days or more.
means that part of a PWSF designed to radiate or receive radio frequency signals.
means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure, even if the highest point is an antenna. Measurement of antenna height shall include the antenna, base pad and other facilities, equipment and appurtenances and shall be measured from the finished grade.
means the lowest point of the base or base pad, whichever is lower.
means a parcel of land that contains a PWSF including any antenna, support structure, accessory building, or other components associated with, or ancillary to, the use of the PWSF.
means the sharing of one PWSF cell site amongst different providers of personal wireless services.
means a "cell on wheels" which is a PWSF temporarily rolled in or temporarily installed.
means a wireless operation providing services such as local and long distance telephone and high-speed internet to residential and business customers by means of a small, fiat, equipment installation approximately twelve inches by twelve inches (12″ by 12″) (the "fixed wireless remote unit") on the exterior of each home or business that elects to use this service.
means a PWSF having a total antenna area that is no more than 300 square inches in visual cross-section from any direction and no one dimension exceeding four feet.
means any addition to a PWSF which is not a minor facilities addition.
means an addition to a PWSF which does not increase (1) the base of the mounting surface area by more than ten percent, or (2) increase the total antenna surface area by more than ten percent with no single antenna being larger than the largest antenna before the addition, where all percentage increases are measured against the original PWSF approved plans.
means the type of antenna mount that is with a single shaft (typically of wood, steel or concrete) and has antennas attached to it.
means the structure or surface upon which antennas are mounted. There are three types of mounts: (1) Roof mounted—mounted on the roof of a building, (2) Side mounted— Mounted on the side of a building, and (3) Ground mounted—Mounted on the ground, including but not limited to, monopoles.
means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
means a facility for the provision of personal wireless services.
means those individuals who live at, work at, or regularly visit a site, or who are members of an organization operating on the site; all of whom are readily identifiable from the records of owners or tenants of the site. For illustrative purposes only, primary users of a site based on membership include the members of a church located on the site, the parents of children who attend a school located on the site, those holding membership in a YMCA operating on the site and members of a fraternal organization operating on the site.
means: (1) not easily identifiable as a PWSF by a casual observer that is located on property other than the cell site, (2) is aesthetically compatible and blends with the cell site and immediate surroundings. Stealthing may be achieved by any means or combination of means including, but not limited to, the use of camouflage, textures, screening, painting or architectural integration with the surroundings (e.g., church steeple or bell tower within a church, unobtrusive penthouse on a roof, false rock, false structure or a tree amongst other trees.)
means the offering of telecommunications services using duly authorized devices, which do not require individual license, but does not mean the provision of direct-to-home satellite services as defined in section 303(v) of Title 47 of the United States Code.
(Ord. 323 Exh. A, 2001)
§ 11.26.030 Applicability.
Excepting only city-owned or -leased lots or parcels, and the public right-of-way, the procedures and rules set forth in this chapter are applicable to all PWSF sites built, modified or additions thereto after the date this chapter is effective. This chapter does not apply to the use or location of private, residential citizen band radio towers, amateur radio towers, television antennas, fixed wireless facilities as defined in this chapter or private residential dish antennas less than one meter in diameter, used for receiving radio frequency or television signals as defined in section 303(v) of Title 47 of the United States Code, or public safety communications facilities owned or operated by the city.
(Ord. 323 Exh. A, 2001)
§ 11.26.040 Submittal requirements.
No PWSF shall be built, modified or added to without first applying for and obtaining approval from the city as required in this chapter.
A.
Applications for PWSF or Major Facilities Additions in the Community Planned Development (CPD), Residential Multifamily (R-3), Residential Planned Development (RPD), Public/Semi-Public (PS), Institutional (I), Mixed Use 1 (MU1), Mixed Use 2 (MU2) or Park Zones. Applicants requesting approval for a new PWSF, a new co-location to an existing PWSF or a major facility addition in the above zones shall be required to apply for a telecommunications permit (TP) using the city's TP application, and to the design commission using the city's standard design review application. Submittal requirements shall be as contained in these applications, and as required in Section 11.26.050 of this chapter. The planning commission shall hear all TP applications, subject to appeal pursuant to Chapter 11.49 of the zoning code. The applicant may apply for a preliminary review by the design commission prior to or concurrently with application to the planning commission.
B.
Applications for Microcells or Minor Facilities Additions in Residential Single-Family (R-1) or Open Space (OS) Zones. All applications for microcells or minor facilities additions to PWSF located in open space (OS), residential single-family (R-I), or within 100 feet of a residential single-family zone, shall be required to apply for a telecommunications permit (TP) using the city's standard TP application, and to the design commission using the city's standard design review application. Submittal requirements shall be as contained in these applications, and as required in Section 11.26.050 of this chapter. The planning commission shall hear all TP applications, subject to appeal pursuant to Chapter 11.49 of the zoning code. The applicant may apply for a preliminary review by the design commission prior to or concurrently with application to the planning commission.
C.
Applications for Microcells or Minor Facilities Additions Not in Residential Single-Family (R-1) or Open Space (OS) Zones. All applications for microcells or minor facilities additions to PWSF located in zones other than OS, R-1, and greater than 100 feet from a R-1 zone, shall be subject to the director's review process using Section 11.45.060 Procedures and requirements for director's review, modifications and special reviews, and to the design commission using the city's standard application. Submittal requirements shall be as contained in these applications, and as required in Section 11.26.050 of this chapter.
(Ord. 323 Exh. A, 2001; Ord. 413 § 13, 2013)
§ 11.26.050 Application content.
Applications for the approval of PWSF shall include the following information in addition to all other information required in the city's TP application.
A.
Notice Requirements. A map depicting all properties within 500 feet of the project site, a list of the names and addresses of all current owners of these depicted properties, two sets of envelope labels for the property owners and a notice list affidavit are required. Notice of the TP hearing shall be given at least 20 days prior to the hearing to the property owners within 500 feet of the project site.
B.
Special Notice Requirements. If applicable, based on the submittal site, applicants subject to the city's standard TP process shall not only comply with all the city's standard TP public notice requirements, but shall be required to certify that notice will be given by mail to all site users of the proposed site and that the site will be conspicuously posted for notice in compliance with this chapter. Notice shall be posted of the hearing along each 300 feet or fraction thereof of street frontage of the site of the contemplated work (all sites shall have a minimum of one sign posting). Site posting shall include two-foot-high by four-foot-wide signs containing the city's case number, description of the request, applicant's name and contact phone number, the community development department phone number, and the time, place and date of the public hearing. The site shall be posted at least 20 days before the public hearing. For notice by mail, where names and addresses of the site users are only ascertainable from private records, the applicant shall provide a signed affidavit as part of the application package pledging that the holder of such private records shall give notice to all site users at least ten days prior to the public hearing for the TP. The applicant shall certify, in writing to the community development department that he or she has complied with this section.
C.
Visual Impact Analysis. The applicant shall submit a visual impact analysis, which may include photomontage, field mock-up or other techniques, which demonstrates the potential visual impacts of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant.
D.
Co-Location/Height Justification. The applicant must provide justification as to why the proposed height is necessary and why co-location on an existing site is not feasible or desirable (if applicable).
E.
Justification for R-1 or OS Zone Locations. The applicant must provide justification as to why location in the R-1 or OS zone is necessary and why a PWSF location in CPD, PS, R-3, RPD, MU1, MU2 or Park zones is not feasible (if applicable).
F.
FCC Standards. A report certified by the radio frequency engineer stating that emissions from the facility will not exceed standards set by the Federal Communication Commission (FCC).
G.
Maps. A map and narrative description of all existing cell site(s) used by the applicant which are located within the city, and any adjoining cell sites located outside the city that provide coverage area within any portion of the city.
H.
Coverage Assessment. A report setting forth how and why the proposed site will improve the quality of coverage and indicate the areas where coverage will be improved. The report may include a capacity analysis, a propagation analysis and/or a decibel level report as appropriate to indicate the improved quality of service.
I.
Licenses. Documentation certifying the applicant has obtained all applicable licenses or other approvals required by the Federal Communications Commission to provide the services proposed in connection with the application.
J.
Waiver. Any application for a proposed PWSF, which has been identified as not meeting the general requirements or restrictions of this ordinance, may request a waiver as set forth in Section 11.26.080 of this chapter.
K.
Independent Consultant. At the discretion of the director of community development, the applicant may be required to provide authorization to permit the city to hire an independent, qualified consultant to evaluate any technical aspect of the proposed PWSF, including, but not limited to, compliance with applicable federal emission standards, potential for interference with existing or planned public safety emergency response telecommunication facilities or analysis of the feasibility of alternate stealthing methods. Any authorization for this purpose shall include a deposit by the applicant and an agreement by the applicant to reimburse the city for all reasonable costs associated with the consultation. Any proprietary information disclosed to the city or the consultant is hereby deemed not to be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant.
(Ord. 323 Exh. A, 2001)
§ 11.26.060 Location and Development Standards for PWSF.
To reduce site proliferation and reduce visual impacts throughout the city, co-location is the preferred site placement, provided that such co-location does not create a visual anomaly or significantly impact stealthing requirements.
A.
Location: Subject to the restrictions and requirements of Section 11.26.040 and other sections of this chapter, all PWSF types may be permitted in the public/semi-public (PS), residential planned development (RPD), multi-family residential (R-3), community planned development (CPD), mixed use 1 or 2 (MU1, MU2), park (P), or institutional (I) zones. Only microcells may be permitted in open space (OS), or residential single-family (R-l) zones.
B.
PWSF Preferences. Based on potential aesthetic impact, the order of preference for PWSF type is (1) roof mounted, (2) side mounted, and (3) ground mounted. If a ground mounted PWSF is proposed, the application must include an explanation as to why other PWSF types are not being considered. In all cases, especially monopoles, antenna elements are encouraged to be flush mounted.
C.
Setbacks. No PWSF shall be located within or extend into the required setbacks established in the applicable zone.
D.
Additional Stealthing and Impact Criteria in R-1 or OS Zones. In reviewing applications for microcells in the single-family residential (R-1) or open space (OS) zones, the antenna size and ability to stealth shall be strictly scrutinized for minimal impact to the neighborhood.
E.
Lights, Signals and Signs. PWSF signals, lights or signs shall be designed so as to meet but not exceed minimum requirements for security, safety or FAA regulations. Beacon lights shall not be included in the design of PWSF unless required by the FAA. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.
F.
Dish Antennas. Satellite dish or parabolic antennas shall be situated so as to minimize visual impact without compromising their function. No such antenna shall be located in any front yard or a corner side yard unless no reasonable alternative location is available.
G.
Equipment Structures. Ground level equipment, buildings and any monopole base shall be screened from public view.
1.
Accessory Equipment. All accessory equipment associated with the operation of a PWSF shall be located inside an existing building, a new addition to an existing building, an underground vault, within an above-ground stealth structure or within a stealthed above-ground enclosure. All modifications to the existing structure or underground vaults shall comply with the development standards of the zoning district in which the accessory equipment is located. Depending upon the aesthetics and other issues, the city may approve multiple equipment structures or one or more larger structures.
2.
Security. All PWSF shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti and other conditions which would result in hazardous conditions, visual blight or attractive nuisances.
H.
Building Codes. PWSF shall comply with all applicable building codes.
I.
Height. Roof mounted antennas shall be constructed at the minimum height possible to serve the operator's service area. The height of such facilities shall not be subject to the height limitations of the underlying zone but shall be controlled through the telecommunications permit process.
J.
Signal/Power Cables. All PWSF cables, wires or similar electrical transmission devices must be placed underground or be placed within the existing structure or in cableways and properly stealthed to the maximum extent possible.
K.
Co-Location Requirements:
1.
Co-locate. Except for microcells, owners or operators shall share sites where PWSF are located with other owners or operators where feasible, thereby reducing the number of PWSF that are stand-alone facilities. Microcells are specifically encouraged not to co-locate in order to minimize visual impacts.
2.
No Preclusion. All mounts shall be designed so as not to preclude possible future co-location by other providers.
3.
Good Faith Effort. All applicants for a TP for a PWSF shall demonstrate a good-faith effort to co-locate with other carriers. The city may deny a TP application to an applicant who has not demonstrated a good-faith effort to co-locate on an existing facility. Such good-faith effort includes demonstration by the applicant of:
a.
Contact with all the other licensed carriers for PWSF operating in the city in the area of coverage.
b.
Sharing non-proprietary technical information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. This does not require disclosure of proprietary information.
In the event co-location is found to be infeasible, a written statement of the reasons for the unfeasibility shall be prepared. In the event co-location is found to be feasible, the applicant shall include provisions for co-location of PWSF. |
4.
Numerical Limits. The city shall retain the authority to limit the number of antennas to be located at any one site or adjacent sites in order to prevent negative visual impact associated with multiple facilities. Architectural and other camouflaging treatment shall be coordinated between all users on each site.
L.
Parking. Proposed facilities shall not reduce the number of available parking spaces below the amount required by the city's codes.
M.
FCC Requirements. All existing and future PWSF shall meet all applicable FCC emissions and exposure standards for electromagnetic radio frequency radiation, and all required notices and signs shall be posted on the site as required by the FCC and PUC and as approved by the director of community development.
N.
Contact Information. The owner or operator of any PWSF shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. Applicant shall notify city of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to the following:
1.
Identity, including name, address and telephone number, and legal status of the owner of the PWSF including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the PWSF;
2.
Name, address and telephone number of a local contact person for emergencies and type of service provided.
(Ord. 323 Exh. A, 2001)
§ 11.26.070 Design criteria for PWSF-Criteria to be used by the design commission.
A.
Pre-existing Character. Site location and development shall preserve the preexisting character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The design commission shall evaluate the effectiveness of visual mitigation techniques.
B.
Stealthing. All PWSF shall be stealthed to the greatest extent feasible, considering technological requirements, by means of placement, screening, camouflage, color choice, architectural compatibility and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.
1.
View Corridors. Due consideration shall be given so that placement of monopoles, antennas and PWSF do not significantly obstruct or diminish views.
2.
Blending Methods. Ground-mounted PWSF shall have a color generally matching the surroundings or background that minimizes their visibility, unless the FCC, FAA, or other government agency requires a different color. Monopoles shall be painted or finished and maintained in good condition from an aesthetic standpoint. Roof mounted or side mounted PWSF shall be constructed, painted, finished or fully screened to match as closely as possible the color and texture of the building and/or wall on which it is mounted. Facade mounted equipment shall be camouflaged by incorporating the antenna into the design elements of the building; they shall be painted and textured to match the existing structure. Other stealthing techniques such as disguising the PWSF may also be required as determined by the design commission.
C.
Landscaping. Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted where such vegetation is deemed necessary to provide screening or to block the line of sight between facilities and adjacent residential uses and residentially zoned properties.
D.
Screening. Ground level buildings shall be screened from view by landscape plantings, fencing or other appropriate means.
E.
Architectural Integrity. Equipment buildings or stealthing enclosures mounted on a roof shall be architecturally consistent with the building, such as having a finish similar to the exterior building walls. Equipment for roof mounted antenna may also be located within the building on which the antenna is mounted.
(Ord. 323 Exh. A, 2001)
§ 11.26.080 Waiver request.
A.
Waive.: A waiver of any of the siting, design or other requirements or restrictions set forth in this chapter, may be granted by the planning commission at a noticed hearing upon the request of the applicant where the applicant demonstrates by clear and convincing evidence that such restriction or requirement:
B.
Independent Consultant. The city shall have the right to have an independent consultant, at the applicant's expense, evaluate the issues raised by the waiver request.
(Ord. 323 Exh. A, 2001)
§ 11.26.090 Findings.
Any decision to deny, in whole or in part, a request to place, construct or modify a PWSF shall be in writing and supported by substantial evidence contained in a written record.
A.
Telecommunications Permit. A telecommunications permit shall be approved unless upon substantial evidence it is found that:
(Ord. 323 Exh. A, 2001)
§ 11.26.100 Periodic reviews, additional conditions and term of permit.
A.
Periodic Review. Each permit issued shall be subject to review by the city every five years. The director of community development shall notify the applicant at their last known address at least 30 days prior to the review hearing. The review shall be by the same body that approved the original application. The review is to insure that the facility is still in operation, that it has been properly maintained and that the original conditions of approval have been adhered to and whether they are to remain the same or need to be modified.
B.
Additional Conditions. Pursuant to the review, the city may add conditions to any permit as necessary to advance a significant governmental interest related to health, safety or welfare, provided, however, that any added condition shall comply with applicable FCC and PUC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties.
C.
Term of Permit. Each permit issued shall be issued for a term of 20 years. The permit shall expire at the end of the permit term unless the applicant submits a written request to extend the term to the director of community development prior to expiration. If a request to extend the term is timely received, the permit shall remain in effect until a decision is made. The planning commission shall hear requests for extension of term and shall consider the following factors, among others, in determining whether to grant an extension of time and the length of the extension:
1.
The condition of the PWSF;
2.
The current technology and the ability to upgrade the PWSF to better meet the purpose, intent, goals and provisions of this chapter;
3.
The character of the neighborhood and the detrimental impact, if any, on the use, enjoyment or valuation of the property in the vicinity by the continued use of the PWSF;
4.
The amount of the applicant's investment in the PWSF improvements and the amount of time required to amortize the investment (the applicant may submit as evidence the depreciation schedule attached to the applicant's latest federal income tax return).
If the planning commission approves a request to extend the term, the planning commission may impose conditions deemed necessary to ensure that the approval will be in accord with the findings. Any decisions of the planning commission may be appealed pursuant to Chapter 11.49 of the zoning code. |
(Ord. 323 Exh. A, 2001)
§ 11.26.110 Revocations.
At any time, the planning commission or city council may initiate proceedings to revoke a permit issued pursuant to this chapter. Upon making a determination that the permit should be revoked, the deciding body may, at their discretion, initiate a nuisance abatement action pursuant to the city's nuisance abatement ordinance. Grounds for revocation shall be limited to a finding that:
A.
The owner or operator has abandoned the PWSF; or,
B.
The owner or operator has failed to bring the PWSF into compliance with the conditions of approval, or the requirements of this chapter, within the period of time provided in a written notice sent by the city requiring the PWSF to be brought into compliance; or,
C.
The PWSF is no longer in compliance with applicable FCC or FAA regulations; or,
D.
The city determines, based upon substantial evidence, that revocation would be in the best interests of the public health, safety or welfare.
(Ord. 323 Exh. A, 2001)
§ 11.26.120 Maintenance Requirements.
All PWSF shall comply at all times with the following operation and maintenance standards:
A.
Equipment. All PWSF, including lighting, fences, shields, cabinets and poles, shall be maintained by the owner or operator in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight.
B.
Landscaping. Each PWSF which contains trees, foliage or other landscaping elements, whether or not used as screening, shall be maintained in good condition at all times, and the owner or operator of the PWSF shall be responsible for replacing any damaged, dead or decayed landscaping as promptly as reasonably possible. If a landscape plan was required and approved, the site shall be maintained in accordance with the approved landscape plan at all times. Amendments or modifications to the plan shall be submitted for approval to the director of community development.
C.
Noise. Each PWSF shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. At no time shall equipment noise from any source exceed an exterior noise level of 65 dB at the property line.
D.
Inspections. Each owner or operator of a PWSF shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section.
(Ord. 323 Exh. A, 2001)
§ 11.26.130 Monitoring requirements.
After the PWSF is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from that date, a report prepared by a qualified engineer, certifying facility compliance with all applicable city and federal regulations.
(Ord. 323 Exh. A, 2001)
§ 11.26.140 Abandonment.
A.
Notice. At such time that an owner or operator plans to abandon, or is required to discontinue operation of a PWSF or portion thereof, the owner or operator will notify the city by certified U.S. mail of the proposed date of abandonment or discontinuation of operations and the date the PWSF shall be removed. The notice should be given no less than 30 days prior to abandonment. Failure to give notice shall not affect the owner or operator obligation to remove an abandoned PWSF.
B.
Removal. Upon abandonment, the owner or operator shall physically remove the PWSF or abandoned elements within 180 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
1.
Removal of antennas, mounts, equipment cabinets and security barriers from the subject property;
2.
Transportation of the antennas, mount, equipment cabinets and security barriers to an appropriate repository;
3.
Restoring the site of the PWSF to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city.
C.
Stay. The city may stay the requirement to remove an abandoned PWSF upon written request and evidence submitted by the owner or operator that another carrier is in reasonable negotiation to acquire and use the PWSF.
D.
Nuisance Abatement. If an owner or operator fails to remove a PWSF in accordance with this chapter, the PWSF shall be deemed a public nuisance.
(Ord. 323 Exh. A, 2001)
§ 11.26.150 PWSF emergency deployment.
A COW shall be permitted in all zones for the duration of an emergency declared by the city or at the discretion of the director of community development.
(Ord. 323 Exh. A, 2001)