Laguna Beach City Zoning Code
CHAPTER 25
55 WIRELESS COMMUNICATIONS FACILITIES
§ 25.55.002 Intent and purpose.
The following regulations shall apply throughout the city. These regulations are intended to establish comprehensive guidelines for the permitting, placement, design and maintenance of wireless communications facilities in all areas within the city, excluding the public rights-of-way. These regulations are intended to prescribe clear, reasonable and predictable criteria to assess and process applications in a consistent and expeditious manner, while reducing impacts associated with wireless communications facilities. These regulations are intended to protect the health, safety and welfare of persons living and working in the city, preserve the aesthetic values and scenic qualities of the city, and allow for the orderly and efficient deployment of wireless communications facilities in accordance with state and federal laws.
(Ord. 1320 § 1, 1996; Ord. 1386 § 1, 2001; Ord. 1579 § 1, 2013; Ord. 1627 § 1, 2017; Ord. 1653 § 5, 2021; Ord. 1679 § 5, 2022)
§ 25.55.004 Definitions.
means a person entity in matters pertaining to the processing of a wireless communications facility as outlined in this Chapter.
means an antenna constructed and operated for transmitting and receiving radio signals for noncommercial purposes, usually in relation to a person's hobby.
means any system of wires, poles, rods, reflecting discs, panels, microwave dishes, whip antennas or similar devices used for the transmission or reception of electromagnetic waves, including antennas relating to personal wireless services as defined by the Federal Telecommunications Act of 1996, when such system is either external to or attached to the exterior of a structure (building-mounted or roof-mounted), or ground-mounted. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be a part of the antenna.
means any pole, telescoping mast, tower, tripod or any other structure that supports an Antenna.
means a group of antennas located on the same structure.
means the existing background power density radiation from a proposed telecommunication transmitting antenna site including all existing telecommunication transmitting in operation.
means any wire typically consisting of copper, coax or fiber used for utility service purposes.
refers to wireless telephone communication transmitted by electromagnetic waves.
refers to multiple wireless communications devices sharing the same site and as more specifically defined in 47 CFR § 1.40001(b)(7) for purposes of implementing Section 6409 of the Spectrum Act.
typically means a panel antenna used to achieve transmission or reception in a specified direction.
means the operative amount of power leaving the transmitting antenna. The ERP is determined by multiple factors, including, but not limited to, transmitter output power, coaxial line loss between the transmitter and the antenna, and the "gain" (focusing effect) of the antenna.
means the independent U.S. governmental agency charged with regulating interstate and international communications by radio, television, wire, satellite and cable.
means any gas, material, substance or waste which, because of its quantity, concentration or physical or chemical characteristics, is deemed by any federal, state or local government to pose a present or potential hazard to human health, safety, property or to the environment.
means the vertical distance from any point at the top of an antenna and/or ancillary wireless communication structure to the finished or natural surface, whichever is more restrictive or lower, measured directly adjacent to the existing building or new structure.
means the base level radio frequency (RF) radiation and the power density radiation from the proposed telecommunication transmitting antennas at a particular site where all the antennas' channels are simultaneously operating or projected to operate at their maximum design effective radiated power (ERP).
means an antenna support structure typically made of steel, wood or concrete.
means a wireless communications facility camouflaged to resemble one or a grouping of rocks.
means a wireless communications facility camouflaged to resemble one or a grouping of shrubs, bushes or trees.
means an antenna used to achieve transmission or reception in all directions.
means a specialized antenna that has a curved surface which transmits or receives signals in the microwave area of the radio frequency spectrum, used to link different types of wireless facilities.
means any person, persons or entity, including the city, who owns any wireless communication facility or facilities.
means the magnitude of the flow of electromagnetic energy at a point in space, measured in power, usually milliwatts (10-3 watts) or microwatts (10-6 watts), per unit area, usually centimeters squared.
means sites with no or minimal impacts to sensitive habitat, public views, and public access and recreation; commercial and industrial zones locations are preferred over locations in other zones except when such location would result in greater impacts.
means any public highway, street, alley, sidewalk, parkway which is either owned, operated or controlled by the city, county or state or is subject to an easement or dedication to the city, county or state or is a privately owned area within the city's, county's or state's jurisdiction which is not yet, but is designated as a proposed public right-of-way on a tentative subdivision map approved by the city.
consists of electromagnetic waves moving together through space radiating from a transmitting device to a receiving device to achieve wireless communications typically operating in a frequency range of three kilohertz to three hundred gigahertz.
means the most current adopted rules for human exposure limits for radio frequency (RF) radiation adopted by the Federal Communications Commission (FCC).
means a parabolic antenna used to receive and/or transmit radio or television signals from orbiting communications satellites.
as that term is defined in 47 CFR § 1.40001(b)(7) for purposes of implementing Section 6409 of the Spectrum Act.
means the most current method of radio frequency (RF) radiation measurement adopted by the Federal Communications Commission (FCC).
means any facility that transmits and/or receives electromagnetic waves, including, but not limited to, commercial wireless communications antennas and other types of equipment for the transmission or receipt of such signals, communication towers or similar structures supporting said equipment, equipment cabinets, pedestals, meters, tunnels, vaults, splice boxes, surface location markers, equipment, equipment buildings, parking areas and other accessory developments.
(Ord. 1320 § 1, 1996; Ord. 1386 § 1, 2001; Ord. 1579 § 1, 2013; Ord. 1627 § 1, 2017; Ord. 1653 § 5, 2021; Ord. 1679 § 5, 2022)
§ 25.55.006 Permits required.
In addition to the permit requirements described below, the permit requirements of Chapter 25.07 Coastal Development Permits remain applicable except when inconsistent with federal law.
(A)
Wireless Communications Facilities Subject to Design Review. All wireless communications facilities, unless specifically exempted, are subject to design review, as provided for in Section 25.05.040. Wireless communications facilities shall comply with the review criteria/standard conditions of Section 25.55.008.
The following wireless communications facilities are exempt from design review requirements:
(1)
A receiving satellite antenna that is one meter (39.37 inches) or less in diameter;
(2)
A receiving satellite antenna that is two meters (78.74 inches) or less in diameter and is located in any commercial or industrial land use zoning district;
(3)
An antenna and all supporting equipment constructed in an existing structure, if the installation is located entirely within the structure's physical limits or "envelope" and the structure's exterior appears to remain unchanged, or if the installation is located below and within the upper limits of an existing roof parapet;
(5)
Any wireless communications facilities exempted from design review by federal or state law; and
(B)
Wireless Communications Facilities Subject to a Conditional Use Permit. Unless specifically exempted, all wireless communications facilities are subject to the granting of a conditional use permit as provided for in Section 25.05.030. Wireless communications facilities shall comply with the review criteria/standard conditions of Section 25.55.008. The following wireless communications facilities are exempt from conditional use permit requirements:
(1)
A receiving satellite antenna that is one meter (39.37 inches) or less in diameter;
(2)
A receiving satellite antenna that is two meters (78.74 inches) or less in diameter and is located in any commercial or industrial land use zoning district;
(3)
An antenna and all supporting equipment constructed in an existing structure, if the installation is located entirely within the structure's physical limits or "envelope" and the structure's exterior appears to remain unchanged, or if the installation is located below and within the upper limits of an existing roof parapet;
(5)
Any wireless communications facilities exempted from conditional use permit review by federal or state law; and
(C)
Wireless Communications Facilities Subject to Administrative Use Permit. Unless specifically exempted by federal or state law, all eligible facilities requests that do not result in a substantial change in physical dimensions of a wireless communications facility as specified in 47 U.S.C. 1455(a), 47 C.F.R. 1.40001, or any other subsequent applicable federal law, are subject to the granting of an administrative use permit provided for in Section 25.55.007, unless the facility is located within the public right-of-way, in which case the provisions of Chapter 11.06 shall apply.
(D)
Submittal Requirements. In addition to the standard submittal requirements, all applications for design review, and/or conditional use permits pursuant to this Chapter 25.55, except in relation to amateur ham radio antenna(s), shall include the following information:
(1)
An accurate map, in such physical or electronic format as may be directed by the director of community development or designee, indicating the proposed site and detailing existing wireless communications facility locations owned and operated by the applicant within the city on the date of application submittal;
(2)
An engineering certification demonstrating planned compliance with all existing federal radio frequency emissions standards, and indicating: (i) existing base level radio frequency radiation, (ii) the maximum radio frequency radiation, (iii) the effective radiated power per channel, and (iv) the total number of channels for an omnidirectional antenna or the maximum number of channels in any sector for a sectored antenna at the proposed site;
(3)
An engineering analysis providing technical data sufficient to justify the proposed height of the wireless communications facility;
(4)
An alternative configuration analysis, assessing the feasibility of alternative wireless communications facility construction configurations, both at the proposed site and in the surrounding vicinity, which would result in a more visually compatible antenna(s), as deemed necessary by the director of community development. This analysis shall include an explanation of why other wireless communications facility construction configurations were not selected;
(5)
A projection of the applicant's anticipated future wireless communications facility siting needs within the city, which information may be used by the city as part of a master planning effort designed to ensure a planned, integrated and organized approach to wireless communications facility siting;
(6)
An identification of the geographic service area for the subject installation, including a map showing all of the applicant's existing sites in the local service network associated with the coverage gap the wireless communications facility is meant to close, and describing how the coverage gap will be filled by the proposed installation;
(7)
An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the wireless communications facility. The analysis shall include photo simulations and other information as necessary to determine visual impact of the wireless communications facility. A map depicting where the photos were taken shall be included. The analysis shall include a written description of efforts to blend the wireless communications facility with the surrounding area;
(8)
The height and mass of the facility, together with evidence that demonstrates that the proposed wireless communications facility has been designed to the minimum height and mass required from a technological standpoint for the proposed site;
(9)
A description of the maintenance and monitoring program for the wireless communications facility and associated landscaping;
(10)
Noise and acoustical information derived from the manufacturer's specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties;
(11)
A concept landscape plan showing all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site;
(12)
A written description of any good faith efforts to co-locate the proposed wireless communications facility on another site or building, including a map of the sites and engineering information or letters from the owners of the site describing why co-location is not a possibility;
(13)
A written description of all accessory wireless equipment for the wireless communications facility, including an explanation of the function of this ancillary equipment and the need to locate same on or near the wireless communications facility;
(14)
All other information as required by the city's wireless communications facility supplemental application form, which may be modified from time to time in the discretion of the director of the community development; and
(15)
All telecommunications sites subject to this ordinance that will utilize an emergency backup generator must adhere to all South Coast Air Quality Management District rules governing the operation of that equipment, including Rule 1470.
(E)
Noticing Requirements. Public notice for telecommunication facility projects subject to design review or conditional use permit application processing shall comply with the noticing provisions of Section 25.05.065.
(F)
Expert Review. In the event that the city, at the discretion of the director of community development or designee, determines the need to hire a qualified consultant to evaluate technical and other aspects of the application, the applicant shall provide the city a deposit for the estimated cost of such consultation, and to replenish said deposit if consumed by reasonable costs associated with such consultation, except to the extent as preempted by federal law. Such consultation is intended to be a site-specific review of technical aspects of the proposed wireless communications facility and shall address all of the following:
(1)
Compliance with applicable radio frequency emission standards;
(2)
Height analysis;
(3)
Configuration;
(4)
The appropriateness of granting any requested exceptions;
(5)
The accuracy and completeness of submissions;
(6)
The applicability of analysis techniques and methodologies;
(7)
The validity of conclusions reached; and
(8)
Any specific technical issues designated by the city.
(G)
Development Standards. The following development standards shall apply to all design review, and conditional use permit applications for the installation of wireless communications facilities:
(1)
Permittee shall install and maintain permitted wireless communications facilities in compliance with the requirements of the Uniform Building Code, National Electrical Code, city noise standards and other applicable codes, as well as other restrictions specified in this Chapter and/or in a design review approval, or conditional use permit;
(2)
Visual Impact and Screening Standards. All wireless communications facilities shall employ and maintain camouflage design and appropriate screening to minimize visual impacts. Such techniques shall be employed to make the installation, operation and appearance of the facility as visually inconspicuous as possible, to prevent the facility from visually dominating the surrounding area, and to hide the installation from predominant views from surrounding properties. Depending on the proposed site and surroundings, certain camouflage design techniques may be deemed by the city as ineffective or inappropriate and alternative techniques may be required. The following is a menu of potential camouflage design techniques that should be considered based on different installation situations:
(a)
For Structure-Mounted Installations (Excluding Monopole Installations).
(i)
All antenna panels and accessory wireless equipment components mounted on the exterior of the structure shall be painted or otherwise coated to match the predominant color of the mounting structure; and
(ii)
When required by the director of community development or designee, antenna panels shall be located and arranged on the structure so as to replicate the installation and appearance of the equipment already mounted to the structure.
(b)
For Monopole Tower Installations.
(i)
Monopole installations shall be situated so as to utilize existing natural or manmade features including topography, vegetation, buildings or other structures to provide the greatest amount of visual screening;
(ii)
All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or adjacent architecture so as to visually blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used;
(iii)
In those circumstances where an installation is within or easily visible from a zone that is not a preferred location, the director of community development or designee may require additional measures designed to camouflage a wireless communications facility, including, but not limited to, enclosing the monopole entirely within a vertical screening structure (suitable architectural feature such as a clock tower, bell tower, icon sign, lighthouse, windmill, etc.) may be required through the permit process. All facility components, including the antennas, shall be mounted inside said structure; and
(iv)
The camouflage design techniques employed shall result in an installation that either will blend in with the predominant visual backdrop or will disguise the facility so it appears to be a decorative or attractive architectural feature.
(c)
For Miscellaneous Installations: Although generally not appropriate, a monorock and or monoshrub/monotree installation will be considered properly screened provided that it is located in a setting that is compatible with the proposed screening method. For a monoshrub/monotree, other vegetation comparable to that replicated in the proposed screen shall be prevalent in the immediate vicinity of the wireless communications facility site and the addition of new comparable living vegetation may be necessary to enhance the monoshrub/monotree screen. For a monorock, the proposed screen shall match in scale and color other rock outcroppings in the general vicinity of the proposed site. A monorock screen may not be considered appropriate in areas that do not have natural rock outcroppings.
(d)
For Co-Locations. Co-locations shall use screening methods similar to those used on the existing wireless communications facilities, or such other and additional screening methods as may be required by the director of community development or designee.
(e)
For Accessory Wireless Equipment. No accessory wireless equipment associated with the operation of any wireless communications facilities shall impair pedestrian use of sidewalks or other pedestrian pathways, nor inhibit equestrian activities on designated public or private trail systems. Accessory wireless equipment shall be screened from the sidewalk by landscaping, undergrounding or other means. The following is a menu of potential screening techniques that should be utilized based on the type of installation:
(i)
Accessory wireless equipment for freestanding wireless communications facilities, not mounted on a building, shall be placed in an underground vault if reasonably feasible. Where placing such wireless communications facilities in an underground vault is not reasonably feasible, such wireless communications facilities shall comply with Public Utilities Commission General Order 95/128 and shall be visually screened through the use of walls, landscaping or walls combined with landscaping. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and landscape architecture of the surroundings;
(ii)
All accessory wireless equipment shall be placed and mounted in the least visually obtrusive feasible location; and
(iii)
All accessory wireless equipment shall be painted or textured using colors to match or blend with the primary background. All equipment cabinets visible to the public shall be treated with a graffiti-resistant coating.
(Ord. 1320 § 1, 1996; Ord. 1386 § 1, 2001; Ord. 1485 § 10, 2008; Ord. 1555 § 14, 2011; Ord. 1577 § 14, 2013; Ord. 1579 § 1, 2013; Ord. 1627 § 1, 2017; Ord. 1653 § 5, 2021; Ord. 1679 § 5, 2022)
§ 25.55.007 Administrative use permit for wireless communications facilities.
(A)
Intent and Purpose. It is the intent and purpose of this section to establish a procedure whereby an administrative use permit can be granted for eligible facilities requests that do not involve a substantial change in physical dimensions of a wireless communications facility. Approval of such facilities requests is required by Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, otherwise known as the Spectrum Act, Pub. L. 112-96, H.R. 3630, 126 Stat 156 (enacted Feb. 22, 2012) and subsequently adopted FCC rules intended to implement Section 6409 of the Spectrum Act, specifically including 47 C.F.R. Section 1.40001.
(B)
Procedure. Granting of administrative use permits for eligible facilities requests that do not involve a substantial change in physical dimensions of wireless communications facilities shall be subject to the procedures specified in 47 C.F.R. Section 1.40001.
(C)
Conditions of Approval. Conditions of approval on wireless communications facilities approved by an administrative use permit shall be limited to those conditions reasonably related to non-discretionary codes such as Health and Safety, Building, and Structural codes.
(D)
Modifications. Additions, enlargements or modifications of uses or structures upon property for which an administrative use permit has been granted shall not be allowed except pursuant to a subsequent permit as might otherwise be required or granted pursuant to the terms of this chapter.
(Ord. 1579 § 1, 2013; Ord. 1627 § 1, 2017; Ord. 1653 § 5, 2021; Ord. 1679 § 5, 2022)
§ 25.55.008 Review criteria/standard conditions.
(A)
Zoning Compliance. Wireless communications facilities may be permitted in any zone, right-of-way or easement, except the open space/conservation (OS/C) zone. Transmitting wireless communications facilities are strongly discouraged in residential zones or adjacent to schools.
(B)
Height. Wireless communications facilities shall be limited to a maximum height of thirty-six feet as defined in Section 25.55.004 - Definitions "Height." The height of a non-exempt parabolic antenna shall be measured from its most vertical position and extent. Wireless communications facilities may be constructed in an existing legal, conforming or nonconforming structure at any height, if the installation is located entirely within the structure's physical limits or "envelope" and the structure's exterior appears to remain unchanged. Wireless communications facilities may be installed on the outside of an existing legal, conforming or nonconforming structure at any height, if such installation adds no more than ten inches of horizontal width to a structure's vertical surface, or if the facilities are located below and within the upper limits of an existing roof parapet.
(C)
Safety. Access to wireless communications facilities shall be restricted to maximize public safety. Security measures should include fencing, screening and signage, as deemed appropriate by the design review board.
(D)
Aesthetics. The city's "Guidelines for Site Selection and Visual Impact and Screening of Telecommunication Facilities," which is on file with the community development department for review and copying, shall be utilized to reduce visual impact. In an effort to reduce a proposed wireless communications facility's aesthetic visual impact, the Planning Commission or director of community development or designee may request that alternative designs be developed and submitted for consideration. Aesthetic visual impact review shall include consideration of public views, including, but not limited to, views to and along the coast, inland to and from the hillsides, as well as from public parks, trails and open spaces. Co-location of wireless communications facilities is desirable, but there shall not be an unsightly proliferation of wireless communications facilities on one site, which adversely affects community scenic and aesthetic values.
(E)
Environmentally Sensitive Area (ESA) Protection. Placement of wireless communications facilities shall not be allowed to cause adverse impacts on environmentally sensitive areas (ESAs as defined in Open Space/Conservation Policy 8-1). Placement within ESAs shall be prohibited.
(F)
Radio Frequency (RF) Radiation Standard. Within three months after construction of a wireless communications facility, which contains transmitting antenna(s), except in relation to amateur ham radio antenna(s) and transmitting antenna(s) with an effective radiated power (ERP) of five watts or less per channel, the maximum radio frequency (RF) radiation shall be measured and documented in a written report submitted to the city. The measurement and report shall be performed and prepared by a qualified, independent testing service/consultant retained by the city at the applicant's expense. The measurement shall be made utilizing the most current testing protocol established by the Federal Communications Commission (FCC). The maximum radio frequency (RF) radiation shall not exceed the most current FCC safety standards.
(G)
Long-Term Compliance. In order to guarantee long-term compliance with conditions of approval, that power levels remain as specified, and that the equipment is operating as designed, the operator of an approved transmitting antenna shall submit an affidavit indicating that the wireless communications facility is operating as approved and that the facility complies with the most current FCC Safety Standards. The affidavit shall be submitted on a yearly basis prior to the anniversary date of the facility approval for as long as the facility remains in operation and shall incorporate a separate affidavit of a qualified, independent testing service/consultant demonstrating and verifying compliance with the most current FCC Safety Standards and approved power levels. In addition, the city may conduct independent tests to verify compliance with the most current FCC Safety Standards and approved power levels. The director of community development or designee shall periodically review the approved wireless communications facility sites and determine if testing is necessary. Approved wireless communications facility providers shall be notified of all such director's determinations. The operator(s) of the approved wireless communications facility shall be responsible for the full cost of such tests.
(H)
Setbacks. The setback of all wireless communications facilities shall meet the development standards and setback requirements of the applicable zoning district.
(I)
Lighting. Any exterior lighting for wireless communications facilities shall be fully shielded.
(J)
Identification. Each wireless communications facility shall be identified by a permanently installed plaque or marker, no larger than four inches by six inches, clearly identifying the addresses, email contact information, and twenty-four-hour local or toll-free contact telephone numbers for a live contact person for both the permittee and the agent responsible for the maintenance of the wireless communications facility. Emergency contact information shall be included for immediate responses. Such information shall be updated in the event of a change in the permittee, the agent responsible for maintenance of the wireless communications facility, or both.
(K)
Maintenance.
(1)
All graffiti on any components of the wireless communications facility shall be removed promptly in accordance with city regulations. Graffiti on any accessory equipment in the public right-of-way must be removed within forty-eight hours of notification.
(2)
All landscaping attendant to the wireless communications facility shall be maintained at all times and shall be promptly replaced if not successful.
(3)
If a flagpole is used for camouflaging a wireless communications facility, flags shall be flown and shall be properly maintained at all times. The use of the United States flag is subject to the provisions of the United States Flag Code, 4 U.S.C. § 6 et seq.
(4)
All wireless communications facility sites shall be kept clean and free of litter.
(5)
All equipment cabinets shall display a legible sign clearly identifying the address, email contact information, and twenty-four-hour local or toll-free contact telephone numbers for both the permittee and the agent responsible for the maintenance of the wireless communications facility. Such information shall be updated in the event of a change in the permittee, the agent responsible for maintenance of the wireless communications facility, or both.
(L)
Compliance. The permittee and the wireless communications facility shall adhere to and comply with all applicable requirements of federal, state and local laws, ordinances, rules, and regulations.
(M)
Abandonment or Discontinuance of Use.
(1)
All permittees or operators who intend to abandon, discontinue, and/or terminate the use of any wireless communications facility, or co-located portion thereof, shall notify the city of such intentions no less than sixty days prior to the final day of use. Said notification shall be in writing, shall specify the date of termination and shall include reference to the applicable permit number.
(2)
All wireless communications facilities, or co-located portion thereof, not in use for ninety days shall be considered abandoned.
(N)
Relocation. Permittee shall modify, remove or relocate its wireless communications facility, or portion thereof, without cost or expense to city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance or operation of any other city or service utility providers underground or aboveground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said modification, removal, or relocation of a wireless communications facility shall be completed within ninety days of notification by city unless exigencies dictate a shorter period for removal or relocation. In the event a wireless communications facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole expense of permittee in compliance with Municipal Code Section 7.24.130 "Abatement cost recovery." Further, in the event of an emergency, the city may modify, remove, or relocate wireless communications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.
(Ord. 1320 § 1, 1996; Ord. 1386 § 1, 2001; Ord. 1485 § 10, 2008; Ord. 1579 § 1, 2013; Ord. 1627 § 1, 2017; Ord. 1653 § 5, 2021; Ord. 1679 § 5, 2022)