Placentia City Zoning Code
CHAPTER 23
82 WIRELESS COMMUNICATION FACILITIES
§ 23.82.010 Purpose.
The purpose of this chapter is to control the installation of wireless communication facilities. 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 communication facilities where they can be installed without creating an adverse economic, safety and aesthetic impact on neighboring property owners and the overall community.
(Ord. 96-O-110 § 1, 1996)
§ 23.82.020 Definitions.
For the purpose of the provisions regulating wireless communication facilities, the following words and phrases shall be construed to have the meanings herein set forth in this section, unless it is apparent from the context that a different meaning is intended:
means a device used in communications which transmits or receives radio signals.
“Dish antenna” means a dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called “microwave antenna” or “microwave dish antenna.”
“Panel antenna” means an antenna or array of antennas that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also referred to as a “directional antenna.”
“Whip antenna” means an antenna that transmits signals in three hundred sixty (360) degrees. They are typically cylindrical in shape and are less than six (6) inches in diameter and measure up to eighteen (18) feet in height. Also called omnidirectional, stick or pipe antennas.
means mounted to the top or side of a building or to other structures.
means a ground-mounted metal cabinet that contains electronic radio equipment required by wireless communication facilities.
means the governmental agency which regulates the terms and conditions of public utilities in the state of California.
means a geographical area with a radius of two (2) to eight (8) miles that contains both transmitting and receiving antennas.
means an analog or digital wireless communication technology that is based on systems of interconnected neighboring cell sites, each of which contains antennas.
means the locating of wireless communications equipment from more than one provider on a single building-mounted, roof-mounted or ground-mounted wireless communication facility.
means the local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.
means a digital wireless communication technology that specializes in providing dispatching services.
means a structure that integrates a monopole into a light pole or other utility pole.
means mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting such antennas.
means the distance from the existing grade at the base of the antenna or, in the case of a roof-mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and any associated support structure when fully extended.
means a unit for expressing frequency which is the number of times a wave-like radio signal changes from maximum positive to maximum negative charge per second. 1 Hertz = 1 cycle per second; 1 kilohertz (kHz) = 1,000 Hz; 1 megahertz (MHz) = 1,000 kHz or 1,000,000 Hz; 1 gigahertz (GHz) = 1,000 MHz or 1 million kHz or 1 billion Hz.
means a structure with three or four steel support legs that supports a variety of antennas. These towers generally range in height from sixty (60) to two hundred (200) feet and are constructed in areas where great height is needed, microwave antennas are required, or where the weather demands a more structurally sound design.
means a wireless communication facility that:
Is ground-mounted on property not within the public right-of-way; or
Is ground-mounted within the public right-of-way but does not qualify as a microcell facility; or
Is building or roof-mounted and exceeds ten feet in height and/or exceeds the maximum height permitted in the zoning district in which the facility is located.
means a wireless communication facility that:
Contains a maximum of four (4) whip or panel antennas where each whip antenna does not exceed four (4) inches in diameter and four (4) feet in length and each panel antenna does not exceed two (2) square feet in surface area;
Contains a maximum of one microwave antennae no larger than ten (10) square feet in surface area;
Has an array of antennas less than ten (10) feet in height;
Is building or roof-mounted or, if within the public right-of-way, is located on top of a light pole or telephone pole or a metal or precast concrete monopole (similar in design to a street light pole or street tree);
Has a total height, if building- or roof-mounted, that does not exceed the maximum height permitted in the applicable zoning district in which the facility is located.
means a wireless communication facility that:
means a structure composed of a single spire used to support antennas and related equipment.
means a digital wireless communication technology that has the capacity for multiple communication services and will provide a system in which calls will be routed to individuals rather than places, regardless of location.
means electromagnetic radiation in the portion of the spectrum from three (3) kilohertz to three hundred (300) gigahertz, and it consists of waves of electric and magnetic energy moving together through space radiating from a transmitting device to a receiving device to achieve wireless communication.
means mounted above the eave line of a building.
means the most current adopted rules for human exposure limits for radio frequency (RF) radiation adopted by the Federal Communications Commission (FCC).
means any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure. Also referred to as “concealed antennas.”
means a structure that supports antennas, microwave dishes and other related equipment that sends and/or receives radiofrequency signals.
(Ord. 96-O-110 § 1, 1996; Ord. O-2009-07 § 3, 2009)
§ 23.82.030 Applicability.
(a)
All wireless communication facilities for which applications were approved and/or building permits issued by the development services department on or prior to the adoption date of the ordinance codified in this chapter shall be exempt from the regulations and guidelines contained in this chapter.
(b)
All wireless communication facilities for which applications were received by the development services department but not approved prior to the adoption date of the ordinance codified in this chapter, shall be required to comply with the regulations and guidelines contained in this chapter.
(Ord. 96-O-110 § 1, 1996)
§ 23.82.040 Development standards.
(a)
Permit Required. No wireless communication facility shall be installed without first obtaining a building permit (for major wireless communication facilities, refer to Section 23.82.070).
(b)
Screening Guidelines.
(1)
Wireless communication facilities shall have subdued colors and nonreflective materials which blend with materials and colors in the surrounding area.
(2)
Wireless communication facilities shall be located in areas that will minimize their aesthetic visual impact on the surrounding community. Ground-mounted facilities shall be located only in proximity to existing aboveground utilities, such as electrical towers or utility poles (which are not scheduled for eventual undergrounding), light poles or trees of comparable height. For building-mounted facilities, all screening shall be compatible with the existing architecture in color, texture and type of material of the building.
(c)
Site Selection Guidelines. Preferred method, in order of priority, of mounting an antenna is as follows:
(d)
Additional Guidelines. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning or other required seals or signage.
(1)
All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.
(2)
Within ninety (90) days of commencement of operations, applicants for the wireless communication facilities shall be required to provide a preliminary report and field report prepared by a qualified engineer that shows the operation of the facility is in conformance with the standard established by the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and radio frequency radiation (RFR).
(3)
As part of the application process, applicants for wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in accordance with the site selection provisions.
(Ord. 96-O-110 § 1, 1996)
§ 23.82.050 Location.
(a)
No major or minor wireless communication facility shall be established:
(1)
Within any residentially zoned or residentially designated areas of the specific plans, except upon public property that is not residential in character, including city parkland, school district property, or other public property located in a residential zoning district and provided that such communication facility is designed so as to blend in with the existing environment; or
(2)
On any property that contains any legally-established residential use; or
(3)
Within the Town Center (T-C) zoning district; or
(4)
On any property that is designated as “Historic” by the city council.
(b)
Providers requesting permission to establish wireless communication facilities in the city are encouraged to find sites that are separated from residential areas to the greatest extent feasible. There shall be a minimum one hundred (100) feet of horizontal distance between any residential structure and a free-standing wireless communication facility.
(c)
Major wireless communication facilities shall be encouraged to locate on properties which are located within the manufacturing (M) and commercial-manufacturing (C-M) districts.
§ 23.82.060 Height.
No wireless communication facility shall exceed the maximum height permitted in the applicable zoning district in which the facility is located, unless the director of development services determines that it is necessary for portions of the wireless communication facility to extend beyond the maximum permitted height in order to effectively receive and send transmitted communication signals or to stealth and/or blend the facility in with the existing environment.
(Ord. 96-O-110 § 1, 1996; Ord. O-2009-07 § 3, 2009)
§ 23.82.070 Use permit.
(a)
All major wireless communication facilities established in the city shall receive planning commission approval of a use permit pursuant to Chapter 23.87.
(b)
Monitoring Program. Each major wireless communication facility approved shall be subject to review by the planning commission at the end of five (5) years from the date of approval. The planning commission, as applicable, may modify existing conditions or impose new conditions to protect the public health, safety and general welfare.
(c)
Expiration. Each major wireless communication facility shall be approved for a period not to exceed the term of the lease. A copy of the lease shall be submitted to the director of development services prior to the issuance of a building permit for the public wireless communication facility. If the lease is extended or terminated, notice and evidence thereof shall be provided to the director of development services. Upon termination or expiration of the lease, the use permit for the facility shall become null and void and the facility removed.
(Ord. 96-O-110 § 1, 1996)
§ 23.82.080 Special use permit.
(a)
All minor wireless communication facilities meeting the definitions established in this chapter shall be approved subject to obtaining a building permit from the department of development services and/or an encroachment permit from the department of public works if located within a public right-of-way.
(b)
If a provider proposes to exceed the defined standards, a special use permit shall be required, pursuant to the following requirements:
(1)
An application shall be submitted to the city planning division for review by the director development services;
(2)
The application shall include: plans; a documented reason why the requirements of this chapter are being exceeded; the latest fee prescribed by city council resolution; and all other requirements listed in the wireless communications facilities submittal requirements, on file with the planning division;
(3)
A decision date shall be established a minimum of twenty-one (21) days from the date of accepting the completed application. The decision on the application shall be made by the director of development services;
(4)
Not less than ten (10) days prior to the decision on the application, notice of the proposed installation of the wireless communication facility shall be mailed to all property owners as shown on the latest equalized assessment roll within a one hundred (100) foot radius of the exterior boundaries of the subject property;
(5)
A decision on the special use permit shall be made without a public hearing, unless one (1) is requested either by the applicant, another affected person(s), or by the director of development services;
(6)
All decisions of the director of development services may be appealed to the planning commission.
(Ord. 96-O-110 § 1, 1996; Ord. O-2007-07 § 41, 2007)
§ 23.82.090 Abandonment.
(a)
Wireless communication facilities that were lawfully installed and are no longer operating shall be removed from the property no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety regulations.
(b)
A written notice of the determination of abandonment shall be sent or delivered to operator of the wireless communication facility. The operator shall have thirty (30) days to remove the facility or provide the director of development services with evidence that the use has not been discontinued. All facilities not removed within the required thirty (30) day period shall be in violation of the code and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this chapter.
(Ord. 96-O-110 § 1, 1996)
§ 23.82.100 Violation-Misdemeanors.
Operators violating any of the provisions of this chapter are guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The penalty for a misdemeanor is a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
(Ord. 96-O-110 § 1, 1996)