La Habra Heights City Zoning Code
CHAPTER 7
8 WIRELESS TELECOMMUNICATION FACILITIES
§ 7.8.10 Purpose of This Chapter.
The purpose of this Chapter is to provide placement, design and screening criteria for wireless telecommunication facilities, in order to protect the public health, safety, general welfare and quality of life in the City of La Habra Heights consistent with the policy direction of the La Habra Heights General Plan, while preserving the rights of wireless telecommunications providers. It is recognized that unrestricted installations are contrary to the City’s efforts to stabilize economic and social aspects of neighborhood environments, and the City’s efforts to promote safety and aesthetic considerations, family environments and a basic residential character within the City. It is the intent of this Chapter to permit wireless telecommunication facilities where they can be installed without creating adverse economic, safety or aesthetic impacts on neighboring property owners and the overall community.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.20 Exempt Telecommunication Facilities.
The following types of facilities are exempt from the permit requirements of this Chapter:
A.
Exempt by State and/or Federal Regulations. A wireless telecommunication facility shall be exempt from the provisions of this Chapter if and to the extent State or Federal law preempts local regulation of the facility.
B.
Exempt Subject to Locational Requirements. The following are exempt from the provisions of this Chapter if such facilities meet all required setbacks and development standards as outlined in this Article:
1.
Radio or Television Antenna. Any single ground- or building-mounted receive-only radio or television antenna for the sole use of owners or occupants of the parcel or common interest development on which such antenna is located. The maximum height of such antenna shall not exceed twelve (12) feet above the building height prescribed for the zone in which the antenna is located.
2.
Satellite Dish Antenna. Up to five (5) ground- or building-mounted receive-only radio or television satellite dish antennas, each not exceeding one (1) meter in diameter for the sole use of owners or occupants of the parcel or common interest development on which the antenna is located.
3.
Citizens’ Band Antenna. Any ground- or building-mounted citizens’ band radio antenna not exceeding thirty-five (35) feet above grade, including any mast.
4.
Amateur Radio Antenna. Any antenna support structure such as a mast, tower and/or building, and including the antenna(s) affixed thereto, used by authorized amateur radio stations licensed by the FCC which is no more than thirty-five (35) feet above grade as measured by Section 7.8.70, and no wireless telecommunication facility may be located on it.
5.
Government Antennas. Antennas owned and operated by the City or any other public entity.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.30 Application and Permitting Process.
A.
A Conditional Use Permit is required for the following:
1.
Wireless telecommunication facilities that are: (a) not colocated; and (b) on a parcel zoned Institutional or Public Facilities.
2.
Ground-mounted wireless telecommunication facilities that are (a) zoned residential or open space and (b) located on parcels not owned by the City.
3.
Building-mounted facilities that are on facilities not owned by the City.
4.
Amateur radio antennas, including the antenna support structure such as a mast, tower and/or building, and including the antenna(s) affixed thereto, exceeding thirty-five (35) feet above ground level or more than ten (10) feet wide.
a.
To approve such an application, in addition to any other required findings, the Planning Commission must find that:
i.
The application is submitted by an amateur radio operator licensed by the FCC;
ii.
The permitted location is listed by the FCC as the address associated with the amateur radio operator or is the primary residence of the amateur radio operator;
iii.
Allowance of the additional heights and/or widths is necessary to reasonably accommodate amateur radio service communications;
iv.
Based on technical showings by the amateur radio operator applicant, no lesser antenna heights and no alternative antenna structures (such as retractable antennas support structures) would reasonably accommodate the amateur radio operator’s needs;
v.
The regulation constitutes the minimum practicable regulation to accomplish the City’s goal of promoting public health and safety;
vi.
The regulation does not preclude amateur radio service communications;
vii.
The installation will comply with adopted Building Code and all other adopted codes and shall be subject to inspection by the City to determine compliance therewith.
b.
A permit for an amateur radio antenna shall be personal to the amateur radio operator to whom the permit is granted, and shall not run with the land, and shall only be transferable to another amateur radio licensee taking possession of the property where the permitted amateur radio antenna is located upon prior application to and nondiscretionary approval by the City.
c.
A City-approved permit for an amateur radio antenna shall automatically terminate and the permitted facilities shall be removed within ninety (90) days thereafter if the permittee:
i.
Has his or her amateur radio license revoked by the FCC; or
ii.
Voluntarily cancels or forfeits his or her amateur radio license; or
iii.
Nonrenews his or her amateur radio license within three (3) months of its expiration.
d.
Amateur radio antennas shall comply with the balance of this Chapter except where specifically exempted.
B.
Administrative Review. Unless a wireless telecommunication facility is exempt pursuant to Section 7.8.20 or a Conditional Use Permit is required pursuant to subsection A of this section, administrative review is required for all proposed wireless telecommunication facilities, including, but not limited to, the following:
1.
Wireless telecommunication facilities located on property owned or controlled by the City.
2.
Wireless telecommunication facilities located within the public right-of-way to the extent required by Public Utilities Code Sections 7901 and 7901.1.
3.
Temporary facilities operated by wireless telecommunication service providers, such as Cell on Wheels (COW) facilities, for a maximum period of sixty (60) days.
4.
Colocated wireless facilities located on an approved wireless telecommunication facility.
C.
Facilities in the Public Right-of-Way. Any wireless telecommunication facility to be placed over, within, on or beneath the public right-of-way shall comply with the following:
1.
Prior to installation, the City must have issued an encroachment permit.
2.
All equipment associated with the operation of a facility (including but not limited to cabinets and transmission cables but excepting antennas) shall be placed underground if such equipment is within fifty (50) feet of cable television, telephone or electric lines that are underground. All wiring and cabling that is to be placed underground shall be placed only in conduit that meets the requirements of the adopted Building Code and all other adopted codes.
3.
The City Engineer shall determine the time, place, and manner of construction for all facilities located within public rights-of-way consistent with Public Utilities Code Sections 7901 and 7901.1.
D.
Application Submittal Requirements. In addition to other application submittal requirements that are imposed by this Chapter, the Community Development Director shall develop and update as necessary an application form which shall include the following for any application for a wireless telecommunication facility:
1.
Site plan, drawn to scale, indicating all existing and proposed features of the proposed site.
2.
A complete project description, including the following information regarding the proposed wireless telecommunication facility:
a.
Number, size, and approximate orientation of antennas.
b.
Heights of proposed facilities.
c.
Equipment enclosure type and size.
d.
Construction timeframe for equipment enclosure.
e.
Materials and colors of antennas.
f.
Description of structures necessary to support the proposed antennas and to house ancillary equipment.
g.
Description of lighting.
h.
Description of noise/acoustical information for equipment such as air conditioning units and backup generators.
i.
Description of identification and safety signage.
j.
Description of access to the facility.
k.
Description of utility line extensions needed to serve the facility.
l.
Backup power sources, if proposed.
3.
Floor plans, elevations and cross sections of any proposed equipment shelter or other appurtenant structure at a scale no smaller than one-fourth (1/4) inch equals one (1) foot with clear indication of all exterior materials and colors. Paint and materials samples shall be provided.
4.
Photo simulations depicting the actual size of the proposed facility in relation to its surroundings, including all antennas and equipment shelters, shall be submitted for review. The number of photo simulations required to fully depict the impact of the facility on the surrounding area shall be at the discretion of the Community Development Director.
5.
A landscape plan including but not limited to landscaping or vegetation replacement and maintenance consistent with the type of facility proposed and the zone in which it is located.
6.
A plan for maintenance of the site, including trash and graffiti removal, and facility upkeep.
7.
Demonstration of any existing gap(s) in coverage, and the radius of area in which an antenna may be located to eliminate the gap(s).
8.
A justification study with a search ring indicating the rationale for selection of the proposed site, in view of the relative merits of any feasible alternative site within the service area. This study shall also include the applicant’s master plan, which indicates the proposed site in relation to the provider’s existing and proposed network of sites within the City and surrounding areas, including map and narrative description of each site. For modifications or alterations to existing facilities, the applicant may be required to submit a justification study limited to the need to modify, alter or expand the facility.
9.
Documentation that the proposed wireless facility complies with all applicable FCC rules, regulations and standards.
10.
A statement that includes a declaration regarding the facility’s capacity for future colocation, supporting information regarding why the proposed wireless facility location is required, and a brief explanation as to why the site was not colocated. In the case of noncolocated ground-mounted facilities, applications shall state the alternative sites considered and why they were rejected. The applicant shall demonstrate good faith to colocate on existing facilities.
11.
A description of services offered in conjunction with the proposed facility.
12.
At the discretion of the Community Development Director, the City may hire an independent, qualified consultant (the "technical consultant") to evaluate any technical aspect of the proposed telecommunication facility, including but not limited to potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices, or alternate (more suitable) locations. Where the Community Development Director elects to hire a technical consultant, the applicant shall deposit with the City a sum equal to the expected fee of the technical consultant, and shall promptly reimburse the City for all reasonable costs associated with the consultation exceeding the expected fee. Any unexpended deposit held by the City at the time of withdrawal or final action on the application shall be promptly returned to the applicant.
13.
Any additional items deemed necessary by the Community Development Director to make the findings required in Section 7.8.40.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.40 Findings of Approval.
In addition to the general findings required by Chapter 7.19, the following findings must be made for the approval of a wireless telecommunication facility except for amateur radio antennas:
A.
The placement, construction, or modification of a wireless telecommunication facility in the proposed location is necessary for the provision of wireless services to City residents, businesses, and their owners, customers, guests or other persons traveling in or about the City.
B.
The proposal demonstrates a reasonable attempt to minimize stand-alone facilities, is designed to protect the visual quality of the City, and will not have an undue adverse impact on historic resources, scenic views, or other natural or manmade resources.
C.
Where an applicant claims a significant gap in its coverage, that gap must be geographically defined and the gap proved by clear and convincing evidence. The burden of objectively proving a significant gap in its coverage rests solely with the applicant. Where a significant gap in the applicant’s coverage is so proved, the applicant must also prove by clear and convincing evidence that the application is the least intrusive means of closing the significant gap in coverage.
D.
That at least one (1) of the following is true:
1.
All applicable requirements and standards of this Chapter have been met;
2.
A variance has been granted from any requirement or standard of this Chapter which has not been met; or
3.
Strict compliance with the requirements and standards of this Chapter would not provide for adequate radio frequency signal reception and that no other alternative and less intrusive design of the facility that would meet the development standards is feasible.
E.
The following findings shall be adopted when approving a Conditional Use Permit that increases the allowable height (except that such findings shall not be required for proposals of amateur radio antennas):
1.
Review alternatives shall be provided to staff, including but not limited to additional and/or different locations and designs, and has determined that the application as approved would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives;
2.
Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for colocation of facilities for the efficient operation of the proposed facility; and
3.
Any negative impacts of the proposed facility are properly mitigated.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.50 Locational Standards.
A.
General.
1.
Wireless telecommunication facilities except amateur radio antennas shall be installed on properties, in the following order of preference (the highest preference is listed first):
a.
City-owned or -controlled properties or rights-of-way where the wireless telecommunication facility would not be within five hundred (500) feet of any primary residence.
b.
City-owned or -controlled properties or rights-of-way where the wireless telecommunication facility would not be within two hundred (200) feet of any primary residence.
c.
Parcels zoned Public Facilities.
d.
Parcels zoned Open Space-Recreation.
e.
Parcels zoned residential.
No wireless telecommunication facility may be installed unless it would be infeasible to install the facility in a more preferred zone and still close the proven significant gap in coverage by the least intrusive means.
2.
Wireless telecommunication facilities shall be colocated where technologically feasible and where colocation would be visually superior to the otherwise necessary noncolocated facility.
3.
Wireless telecommunication facilities located on vacant lots shall be considered temporary and when the site is developed the City may require such facilities be removed and, if appropriate, replaced with building-mounted facilities.
B.
Restricted Locations. No wireless telecommunication facility except amateur radio antennas shall be permitted in any of the residential or open space zones (excluding rights-of-way) unless:
1.
The facility is designed as a stealth facility; and
2.
The law otherwise requires the City to permit such location.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.60 Design and Screening Criteria.
All wireless telecommunication facilities except amateur radio antennas shall comply with the following design and screening criteria:
A.
To the extent practical, wireless telecommunication facilities shall be integrated into existing or newly developed facilities that are functional for other purposes.
B.
Wireless telecommunication facilities shall incorporate stealth design whenever feasible so as to minimize aesthetic impacts on surrounding land uses.
C.
Wireless telecommunication facilities shall be designed with subdued colors and nonreflective materials which will architecturally blend with surrounding materials and colors.
D.
Wireless telecommunication facilities shall be located in areas where existing topography, vegetation, buildings or other structures provide the greatest amount of screening so as to minimize aesthetic impacts on surrounding land uses.
E.
Screening for building- or roof-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building.
F.
Ground-mounted facilities shall be compatible with the architecture, color, texture, and/or materials of the building or surrounding area and landscaping.
G.
Stealth wireless facilities designed to resemble natural features such as trees or rocks shall be integrated into the surrounding environment through the planting of trees and/or shrubs distributed around the entire facility to appear as a naturally occurring or integrated landscape element. Newly installed trees shall be a minimum size of thirty-six (36) inch box. Palm trees shall have a minimum brown trunk height of sixteen (16) feet.
H.
Any mono-pine, mono-palm or other type of artificial tree shall incorporate enough architectural branches (including density and vertical height), three (3) dimensional bark cladding, and other design materials or appropriate techniques to cause the structure to appear as natural as feasible.
I.
Accessory support facilities such as electrical cabinets and equipment rooms shall be placed inside an existing building, underground in flush to grade vaults with vents no larger than twenty-four (24) inches above grade and twenty (20) inches in diameter, within a landscape planter within an existing parking lot, or on the roof of an existing building. Support facilities shall be designed to match the architecture of adjacent buildings and/or be screened from public view by walls, fences, parapets, landscaping and similar treatments. Any tree removed within landscaped areas shall be replaced with one (1) or more trees of similar quality and of a size deemed acceptable by the Community Development Director. Landscaping shall be compatible with surrounding landscaping and shall be of a type and variety that the Community Development Director or designee determines is capable of screening all or a portion of the facility.
J.
Support equipment for colocated facilities shall be colocated within the existing equipment enclosure, or if not possible then located as close to the existing equipment enclosure as possible.
K.
The accessory equipment associated with a facility located on public property not in a public right-of-way shall be located within an underground vault, attached to a pole, or within an enclosure deemed suitable by the Community Development Director or designee.
L.
The foundations for all freestanding wireless telecommunication facility support structures shall be capable of supporting additional height and weight to accommodate colocation.
M.
Any new structure, building-mounted facility or antenna, or ground mounted wireless facility in a residential zone that is not colocated must use stealth design.
N.
Any facility located on a publicly owned or controlled property or utility infrastructure shall be compatible with the existing architecture, color, texture and/or materials of the structure so as to be camouflaged from view.
O.
Facade-and roof-mounted antennas and equipment shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted facilities shall generally not extend more than twenty-four (24) inches out from the building face.
P.
Roof-mounted antennas and necessary equipment shall be screened from above if visible from higher elevations.
Q.
All wireless telecommunication facilities shall be designed to deter unauthorized access such as climbing, vandalism, graffiti, and other activities which may result in hazardous conditions, visual blight or attractive nuisances. Graffiti must be removed from a wireless telecommunication facility by the permittee within forty-eight (48) hours after the City provides notice of the graffiti.
R.
Wireless telecommunication facilities shall not bear any signs or advertising devices other than government-required certifications, warnings, or other required seals or signage approved by the City.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.70 Site Development Standards.
A.
General Development Standards. All wireless telecommunication facilities shall comply with the following:
1.
The maximum height of any wireless telecommunication facility, other than roof-mounted facilities and amateur radio antennas, located on private property shall be ten (10) feet above the height requirement of the zone in which the facility is located. A Conditional Use Permit may be granted to exceed the maximum height as described in Section 7.8.40(E).
2.
Height shall be measured as follows:
a.
Ground-Mounted Antennas. The height of the antenna structure shall be measured from the natural undisturbed ground surface below the center of the base of the antenna support (i.e., tower) to the top of the tower or from the top of the highest antenna or piece of equipment attached thereto, whichever is higher.
b.
Building-Mounted Antennas. The height of the antenna structure shall be measured from the top of the building roof the antenna is mounted on to the top of the antenna or screening structure, whichever is higher.
c.
Utility Tower/Pole-Mounted Antennas. The height of the antenna structure shall be measured from the base of the utility tower/pole, not the grade of the climbing leg foundation of the structure if the climbing leg foundation of the utility tower/pole structure is not at grade due to exposed footings.
3.
Facilities located on properties owned or controlled by the City shall not exceed fifty-five (55) feet in height.
4.
Wireless telecommunication facilities shall conform to all building setback requirements, and all equipment associated with their operation shall comply with the development standards for the zone in which they are located.
5.
Monopoles, antennas, and support structures for antennas shall be no greater in diameter or any other cross-sectional dimension than is reasonably necessary for the proper functioning and physical support of the wireless telecommunication facility.
6.
All wireless telecommunication facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the State or Federal government with the authority to regulate wireless telecommunication facilities.
7.
No wireless telecommunication facility shall be located within fifty (50) feet of a residential structure except amateur radio antennas.
8.
Barbed wire, razor wire, electrified fence, and any other type of hazardous fence is prohibited.
9.
All wireless telecommunication facilities shall be designed, located and operated to avoid interference with the quiet enjoyment of adjacent properties, and at a minimum shall be subject to the noise standards of Chapters 4.11 and 7.6. Where the director finds that the noise of such facility may have a detrimental effect on an adjacent property, he/she may require an independent acoustic analysis, at the applicant’s expense, to identify appropriate mitigation measures.
10.
Excluding those facilities that are colocated, located within the public right-of-way, amateur radio antennas, or located on publicly owned or controlled property or utility infrastructure, wireless telecommunication facilities shall be separated from each other as follows, unless the separation requirement would prevent the provider from closing a significant gap in its coverage: any new ground-mounted wireless telecommunication facility located within one-quarter (1/4) mile (one thousand, three hundred twenty (1,320) feet) of an existing ground-mounted facility must be of stealth design, regardless of the zone in which it is located.
B.
Guidelines for Placement on a Structure. The preferred methods for mounting an antenna on a structure are, in order of preference, as follows (starting with the most preferable):
1.
Mounted on an existing structure on the facade, roof or colocated on an existing antenna support structure;
2.
Mounted on an existing steel or concrete pole (i.e., light standard); or
3.
Incorporated into a new freestanding stealth wireless telecommunication facility.
C.
Noise Standards. All wireless telecommunication facilities and accessory wireless equipment shall comply with the applicable provisions of the City’s noise ordinance.
D.
Building-Mounted Facilities, Except Amateur Radio Antennas.
1.
Antenna elements may be mounted on rooftops; provided, that they do not exceed ten (10) feet in height as measured from the roof plane, and the combined height of the building and antenna does not exceed the height limitations of the underlying zone. If the building itself exceeds the height limitations of the zone, and such excess height was legally established (for example, approved by a conditional use permit), then the combined height of the building and antenna shall not exceed the maximum height allowed by such approval.
2.
Antennas and ancillary equipment shall be scaled and designed to integrate with building design so as to be visually unobtrusive.
3.
If antennas are mounted flush against a building wall, the color and material of the antenna and other equipment shall match the exterior of the building.
4.
Roof-mounted antennas and equipment shall be located as far from the edge of the building as feasible, unless fully screened from public view.
E.
Development Standards for Monopoles. In addition to all other applicable development standards, monopoles except for amateur radio antennas shall comply with the following standards:
1.
An applicant shall demonstrate that a proposed facility cannot be placed on an existing building or colocated and the Community Development Director may require an independent, third party review, at the applicant’s expense, to identify alternatives to a proposed monopole.
2.
A monopole on private property shall not exceed the height limit established for the zone in which it is to be located, unless the proposed facility is compatible with surrounding properties, the additional height is necessary to provide service within the City, and a Conditional Use Permit is granted under the standards of Section 7.19.60. In no event shall a monopole exceed fifty-five (55) feet in height.
3.
Guy wires or support structures are prohibited.
4.
Monopoles shall be designed to allow for colocation of additional antennas when feasible.
5.
Exterior lighting of monopoles is prohibited.
6.
A maintenance agreement shall be entered into between the City and the property owner or service provider when regular maintenance is required for the approved monopole. For example, the installation of a mono-flagpole will require a maintenance agreement to ensure the flag is maintained and replaced when needed.
F.
Development Standards for Wireless Telecommunication Facilities in the Public Right-of-Way. In addition to all other applicable development standards, wireless facilities in the right-of-way shall comply with the following standards:
1.
Facilities shall have subdued colors and non-reflective materials which blend in with the surrounding area as recommended and approved by the Community Development Director.
2.
Ground-mounted equipment shall be screened, to the fullest extent possible, through the use of landscaping, walls, or other decorative feature, as recommended and approved by the Community Development Director.
3.
Facilities shall be of a camouflage design with all equipment (excluding required electrical meter cabinets) to be located underground or pole-mounted. Required electrical meter cabinets shall be screened as recommended and approved by the Community Development Director.
4.
Pole-mounted equipment shall not exceed six (6) cubic feet.
5.
Antennas must be installed on existing utility or light poles. No new poles may be installed except as replacement for existing poles. An exception to this requirement shall be where an operator shows that it cannot otherwise close a significant gap in its radio frequency coverage from any other site or combination of sites.
a.
Utility Poles. The maximum height of any antenna shall not exceed twenty-four (24) inches above the height of the existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than sixteen (16) feet above any drivable road surface. All installations on utility poles shall fully comply as designed and constructed with California Public Utilities Commission General Order 95.
b.
Light Poles. The maximum height of any antenna or antenna radome shall not exceed six (6) feet above the existing height of the light pole. Any portion of the antenna or equipment mounted on a pole shall be no less than sixteen (16) feet above any drivable road surface.
6.
For accessory equipment within a residential zone, underground equipment is required unless an underground solution is not feasible. In that case, ground-mounted equipment may be installed if it does not exceed a height of six (6) feet and a total footprint of twenty (20) square feet, excluding the required electric meter.
7.
Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians and/or motorists as determined by the City Engineer. In no case shall ground-mounted equipment, walls, or landscaping be located within eighteen (18) inches of the edge of pavement.
8.
Facilities shall not be located within five hundred (500) feet of another wireless telecommunication facility on the same side of the street; this does not include colocation of sites.
9.
All facilities shall be built in compliance with the Americans with Disabilities Act (ADA) (for example: access around facilities in the public right-of-way).
G.
Development Standards for Distributed Antenna Systems (DAS). In addition to all other applicable development standards, DAS facilities located in the public right-of-way shall comply with all development standards for wireless telecommunication facilities in the public right-of-way and the following:
1.
The applicant shall follow the application requirements in Section 7.8.30.
2.
The applicant for a DAS installation shall not be permitted to place its facilities in any location or in any manner that would not be permitted hereunder for any wireless telecommunication facility.
3.
A DAS provider shall not be issued City permits to install any portion of its interconnecting wireline network to a distributed antenna system antenna site location within the City until that location is first permitted pursuant to this Chapter.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.80 Sustainability.
As the push for developers to build "green" facilities continues to increase and as technology for wireless telecommunication facilities is constantly advancing, it is expected that design of "green" telecommunication facilities will be introduced as a design alternative in the near future. It is possible that new facilities that are proposed using "green" technology would not fall within the strict guidelines of this Code. To accommodate these facilities, the City may consider factors such as whether the facility has no carbon footprint and/or whether the facility produces power through solar or wind generated means. These proposed facilities shall require a Conditional Use Permit and will be reviewed on a case-by-case basis and may be permitted to stray from the specific design requirements of this Code when it is found that the benefit to be found by being "green" outweighs the potential negative impacts of not meeting all requirements of this Chapter. The Planning Commission shall be the decision-making body for all Conditional Use Permits requested for proposals which are proposed by the applicant or determined by the City to be "green" facilities, unless the matter is appealed to or called for review by the City Council, in which case the City Council shall be the decision-making body.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.90 Operational Standards.
A.
General. All wireless telecommunication facilities shall be erected, located, operated and maintained at all times in compliance with this section and all applicable City, State or Federal laws and regulations.
B.
Radio Frequency Emissions Compliance. All wireless telecommunication facilities shall comply with the federal requirements relating to radio frequency emissions and maximum exposure limits, including those provided in Title 47 of the Code of Federal Regulations, Section 1.1310 et seq. and FCC Office of Engineering and Technology Bulletin 65, as may be amended from time to time.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.100 Standard Conditions of Approval.
Each wireless telecommunication facility or antenna which is approved through a Conditional Use Permit shall be subject to the following standard conditions of approval, in addition to any other condition deemed appropriate by the reviewing authority:
A.
The wireless telecommunications antenna and/or facility permitted by this Chapter shall be erected, operated, and maintained in compliance with the requirements of this Chapter.
B.
Within thirty (30) calendar days following the installation of any wireless telecommunications antenna and/or facility permitted by this Chapter, the applicant shall provide FCC documentation to the Community Development Director indicating that the unit has been inspected and tested in compliance with FCC standards. Such documentation shall include the make and model (or other identifying information) of the unit tested, the date and time of the inspection, the methodology used to make the determination, the name and title of the person(s) conducting the tests, and a certification that the unit is properly installed and working within applicable FCC standards. As to DAS installations, the required FCC documentation certification shall be made only by the wireless carrier(s) using the DAS system rather than the DAS system provider.
C.
The installation of any wireless telecommunications antenna and/or facility shall be in compliance with Article 5 of this Code and all applicable provisions of the State Building Standards Code and any applicable local amendments thereto.
D.
Any substantial change in the type of antenna and/or facility installed in a particular location shall require the prior approval of the Community Development Director or designee.
E.
Colocation of wireless telecommunications antennas and facilities pursuant to this Chapter shall be required whenever it is feasible to do so.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.110 Operation and Maintenance Standards.
Wireless telecommunication facilities shall comply with the following operation and maintenance standards at all times. Failure to comply shall be considered a violation of the conditions of approval and constitute a violation of this Code subject to any remedy available under this Code or other applicable law as well as a basis for revocation of a permit pursuant to Section 7.8.120.
A.
Except for exempt telecommunication facilities, a maintenance and facility removal agreement shall be executed by the operator and the property owner (if other than the City). No permit shall become effective until such agreement has been executed. Said agreement shall bind the operator and property owner and their successors and assigns as to the facility to the following:
1.
Maintain the appearance of the facility;
2.
Remove the facility when required by this Chapter or by any condition of approval, or when it is determined that the facility will not have been used during any current consecutive three hundred sixty-five (365) day period, or if the facility will be abandoned;
3.
Except for amateur radio antennas, pay all costs the City reasonably incurs to monitor a facility’s compliance with conditions of approval and applicable law;
4.
Reimburse the City for any and all costs incurred for work required by this Chapter, applicable law, or the conditions of a permit issued by the City for the facility which the operator and property owner fail to perform within thirty (30) days after written notice from the City to do so or sooner if required by the City for good cause;
5.
In the case of a freestanding tower or monopole, except for an amateur radio antenna, the agreement shall obligate the operator and owner to lease space on the tower, at a fair market rent, to other wireless telecommunication providers to the maximum extent consistent with the operational requirements of the facility;
6.
Where the Commission or Council, as the case may be, determines that it is necessary to ensure compliance with the conditions of approval or otherwise provide for removal of a facility that is temporary in nature or upon its disuse, the operator or owner shall post a performance bond, cash or a letter of credit or other security acceptable to the Director in the amount of ten thousand ($10,000.00) dollars, or such higher amount as the Director reasonably determines is necessary to ensure compliance with the maintenance and facility removal agreement. This requirement shall not apply to an amateur radio antenna.
B.
Each wireless telecommunication facility shall include signage approved by the Director identifying the name and phone number of a party to contact in the event of an emergency. Such signage must comply with any applicable provisions of this Chapter.
C.
Wireless telecommunication facilities and the sites on which they are located shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired within five (5) days of written notice by the City to do so. Graffiti shall be removed as soon as practicable, and within forty-eight (48) hours of notice by the City to do so.
D.
The owner or operator of a wireless telecommunication facility shall maintain landscaping in accordance with an approved landscape plan and shall replace dangerous and/or dead trees, foliage or other landscape elements shown on the approved plans. Amendments or modifications to the landscape plan shall be approved pursuant to this Article.
E.
A wireless telecommunication facility shall be operated to minimize noise impacts to surrounding residents and persons using nearby facilities and recreation areas. All equipment that may emit noise in excess of the levels permitted by Chapters 4.11 and 7.6 shall be enclosed. Backup generators shall only be used during periods of power outages or for testing.
F.
Temporary power may be allowed during the initial construction or major repair of a facility for the minimal amount of time necessary to complete the work. The operator shall provide a timeline to the Community Development Department and keep staff updated as to the time of completion.
G.
Electromagnetic Field Exposure. No wireless telecommunication facility may, by itself or in conjunction with other wireless telecommunication facilities, generate electromagnetic field (EMF) exposure or other measurable radiation in excess of the standards for permissible human exposure, as provided by applicable Federal regulations.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.120 Duration, Revocation and Discontinuance.
A.
One (1) Year Expiration. A permit for a wireless telecommunication facility shall expire one (1) year after permit approval unless the applicant has obtained by that time approval of a building permit and has requested an initial building inspection.
B.
Duration of Permits and Approval.
1.
Permits for wireless telecommunication facilities shall be valid for an initial period of ten (10) years unless for a shorter period as authorized by California Government Code Section 65964(b), or as specified by the approving body, from the date of the final building inspection.
2.
A permit may be extended without a public hearing for a maximum of three (3) two (2) year terms by the Community Development Director upon verification of continued compliance with conditions of approval under which the permit was originally approved and a determination based on substantial evidence in the record of his/her decision that findings for issuance of a new facility could be made.
3.
A permit may be revoked pursuant to Chapter 8.7 of this Code.
4.
All costs reasonably incurred by the City in verifying compliance and in extending or revoking an approval shall be borne by the applicant and/or permit holder.
C.
Discontinuance of Use.
1.
All equipment and improvements associated with a wireless telecommunication facility shall be removed within thirty (30) days of the discontinuation of the use and the site shall be restored to its original, preconstruction condition, or other as approved by the Community Development Director. For facilities located on property owned or controlled by the City, this requirement shall be included in the lease. Written verification of the removal of a facility from private property shall be provided to the director within thirty (30) days of the discontinuation of the use.
2.
The operator shall be responsible for removing the wireless telecommunication facility from the site within thirty (30) days of discontinuation of use. If an operator fails to remove a wireless telecommunication facility from the site within thirty (30) days of discontinuation, the property owner shall be responsible for removal.
3.
If a facility is not removed within the required thirty (30) days, the site may be deemed a public nuisance and a code violation, pursuant to the terms of Article 8.
4.
Failure to inform the Community Development Director of cessation of use of any existing facility shall constitute a violation of this Code and be grounds for a nuisance prosecution or revocation or modification of a permit.
D.
Existing Facilities. All equipment and improvements associated with a wireless telecommunication facility permitted as of the date of adoption of the ordinance codified in this Chapter may continue as they presently exist, but constitute legal nonconforming uses to the extent they do not conform to the standards of this Chapter (a "legal nonconforming wireless facility"). Routine maintenance on existing, operational equipment and facilities at a legal non-conforming wireless facility shall not require compliance with this Chapter. However, replacement or modification of a legal non-conforming wireless facility shall require issuance of a permit pursuant to, and in compliance with, this Chapter.
E.
Upgrades with New Technology. The City finds that the technology associated with telecommunications equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipates that telecommunications antennas and related equipment with reduced visual impacts will be available from time to time with comparable or improved coverage and capacity capabilities. The City further finds that it is in the interest of the public health, safety, and welfare that telecommunications providers be required to replace older facilities with newer equipment of equal or greater capabilities and reduced visual impacts as technological improvements become available. Therefore, any modifications requested to an existing facility for which a permit has been issued pursuant to this Article authorizing establishment of a wireless telecommunication facility shall permit the Community Development Director or designee to review the carrier’s existing facility to determine whether requiring newer equipment or applying new screening techniques that reduce visual impacts is appropriate if technically feasible.
(Ord. 2010-03 § 1 (Exh. A))
§ 7.8.130 Federal Preemption.
Notwithstanding any other provision of this Code to the contrary, if any provision(s) of this Chapter would give rise to a claim by an applicant that a proposed action by the City would prohibit or have the effect of prohibiting the provision of personal wireless services within the meaning of 47 USC 332(c)(7), or would prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service within the meaning of 47 USC 253, then, at or prior to the public hearing on the application, the applicant shall submit clear and convincing evidence attesting to all specifics of the claim. If such evidence is submitted, the decision-making body shall determine if this is in fact the case, and if so shall, as much as possible, keep the intent of this Chapter the same while applying the provision(s) in such a manner as to avoid any violation of Federal law. If that is not possible, the decision-making body shall find that the provision(s) cannot be implemented in a manner that does not violate Federal law, and shall override the offending provision(s) to the extent necessary as to comply with Federal law.
(Ord. 2010-03 § 1 (Exh. A))
