A.

The purpose of these requirements is to regulate the location and design of wireless telecommunications facilities as defined herein and to facilitate the orderly development of these facilities within the city of Rialto. These requirements are also intended to promote the public health, safety, convenience, and general welfare of the city's residents, and to protect property values and the aesthetic appearance of the city, by preserving views from obtrusive and unsightly wireless telecommunication facilities and accessory equipment.

B.

In adopting and implementing these requirements, it is the intent of the Rialto city council to create reasonable regulations in conformance with the provisions of the Telecommunication Act of 1996.

C.

These requirements are intended to supersede any otherwise applicable provisions of the Rialto Municipal Code pertaining to wireless telecommunication facilities and to establish minimum requirements for the regulation of wireless telecommunications facilities.

(Ord. No. 1456, § 1, 7-15-09)

For purposes of this Ordinance, the following words, terms, phrases and their derivations shall have the meanings given herein. If a definition is not listed in this section of the code, Section 19.08 of the Rialto Zoning Code shall be referenced.

"Accessory equipment" means any equipment installed, mounted, operated or maintained in close proximity to a wireless telecommunication facility to provide power to the facility or to receive, transmit, or store signals or information received by or sent from a facility.

"Antenna structure" means an antenna, any structure designed specifically to support an antenna, and/or any appurtenances mounted on such structure or antenna.

"Colocation" or "colocated" means the location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building.

"Commercial mobile service" means any mobile service that (1) is offered in return for monetary compensation, and (2) is available to the public or a substantial portion of the public.

"Constructed" or "construction" means erecting, locating, mounting or modifying.

"Ground mounted" means a wireless telecommunications facility that is mounted to a pole or other freestanding structure that is specifically constructed for the purpose of supporting an antenna.

"Mounted" means any manner of attachment, support, or connection, whether on ground or on a structure.

"Non-stealth facility" means any antenna structure that is not architecturally integrated with the building or structure to which it is attached or any facility that is not disguised to appear as another natural or artificial object camouflaged.

"Roof mounted" means a wireless telecommunication facility that is mounted on any structure that is not specifically constructed for the purpose of supporting an antenna, in any manner that does not satisfy the definition of wall mounted, and is typically mounted on the roof of a building or other structure.

"Stealth facility" or "facility" means any wireless telecommunications facility which is disguised to appear as another natural or artificial object that exists in the surrounding environment or which otherwise is architecturally integrated into a building or other structure.

"Wall mounted" means a wireless telecommunication facility that is mounted on any vertical surface or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna i.e., the exterior walls of a building, an existing parapet, the side of a water tank, the face of a church steeple, or the side of a freestanding sign such that the highest point of the facility is at an elevation equal to or lower than the highest point of the surface on which it is mounted.

"Wireless telecommunications facility" or "wireless facility" or "facility" or "facilities" means an antenna structure and any accessory equipment located within the city limits and that is used in connection with the provision of commercial mobile services.

(Ord. No. 1456, § 1, 7-15-09)

A.

Any facility, which is constructed or installed within the city of Rialto on or after the effective date of the ordinance codified in this chapter, shall comply with this chapter.

B.

Any facility for which building permits were issued by the city of Rialto and which was constructed or installed prior to the effective date of this chapter shall be subject to the regulations and guidelines of Section 18.60 of the Rialto Municipal Code, regulating nonconforming structures and uses.

C.

Any facility for which building permits and any extension thereof have expired, but which has not been constructed or installed shall comply with the provisions of this chapter.

D.

Any facility constructed, maintained or operated in violation of applicable laws, ordinances, or other regulations shall be considered an illegal nonconforming structure and use and shall be subject to abatement as a public nuisance under the provisions therefore in the Rialto Municipal Code.

E.

The following uses shall be exempt from the provisions of this chapter, so long as the antenna structure complies with all other requirements of the zoning code:

1.

Any antenna structure designed and used solely to receive UHF, VHF, AM, and FM broadcast signals from licensed radio and television stations.

2.

Any antenna structure designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a "HAM" radio transmission).

3.

Any antennae structure measuring one meter or less in diameter and used solely for connection with satellite dish television services.

(Ord. No. 1456, § 1, 7-15-09)

Any facility shall be constructed, operated and maintained at all times in compliance with this chapter and all applicable laws and regulations of the city, county, state and federal government.

A.

Only stealth facilities shall be permitted, subject to approval of a conditional development permit.

B.

General Development Requirements. Any facility shall comply with all of the following requirements:

1.

It shall not bear any signs or advertising devices other than certifications, public safety warnings, or other seals required by law.

2.

Any and all accessory equipment, or other equipment associated with its operation, including but not limited to transmission cables, shall be located within a building, a walled enclosure, or underground vault, the design of which shall comply with the development standards of the zoning district in which such equipment is located.

3.

If accessory equipment is located above ground in a walled enclosure, such enclosure shall be visually compatible with surrounding buildings and be made of solid masonry block wall, or another approved material, in a design theme appropriate for the area as determined by the director of development services. Such enclosure shall be constructed and maintained to screen the accessory equipment from view.

4.

All exterior finishes for a facility, building or walled enclosure within which such facility is located, and accessory equipment shall consist of non-reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings, structures, and/or landscaping.

5.

Any wall mounted or roof mounted facility shall be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached so as to appear a natural aesthetic extension of the building or structure design.

6.

No facility may be illuminated, unless specifically required by the Federal Aviation Administration or other authorized regulatory governmental agencies, with the exception of security and maintenance lighting approved by the director of development services.

7.

If a new facility will be colocated with an existing facility that is not a stealth facility, the existing facility shall be replaced with a stealth facility prior to colocation.

8.

All new facilities shall be designed for colocation, unless it is found that current technological requirements preclude colocation.

9.

The facility owner and operator, the property owner and the lessor or licensor of the property on which the facility is located shall record a deed restriction or other approved legally binding commitment consenting to future colocation of other facilities. Such consent shall be sufficient to bind future facility owners, operators and property owners, lessees and licensees.

10.

All applicable building, construction, and business permits shall be secured by the applicant prior to construction of a facility.

11.

No facility shall interfere with ingress or egress to, or with circulation within the property on which it is located.

12.

All facilities and accessory equipment shall comply with the setback requirements for the zone in which they are located.

13.

A facility may be subject to right of way improvements at the discretion of the city engineer.

14.

No facility shall be located in a required parking area, vehicle maneuvering area, vehicle/pedestrian circulation area, or area of landscaping so that it interferes with, or in any way impairs, the utility or intended function of such area.

15.

Any facility located on city property shall require a fully executed lease or license agreement between the city and the commercial mobile service provider prior to issuance of building permits for the facility.

C.

Specific Development Requirements.

1.

Ground Mounted Facility.

a.

A ground mounted facility shall be secured against access by the general public with a decorative concrete block wall. Vines shall be planted adjacent to the decorative wall to prevent graffiti. If vines are not provided, clear anti-graffiti material shall be applied to all areas subject to possible graffiti, unless it is demonstrated that adequate security and maintenance will assure prevention of graffiti.

b.

A landscaped planter (minimum five feet) shall be located and maintained adjacent to the outside of the decorative wall that secures a ground mounted facility. Landscape trees that frame and soften the visual impact of a ground mounted facility shall be provided within the landscape planter.

(Ord. No. 1456, § 1, 7-15-09)

The location of a facility shall conform to the following:

A.

All facilities shall be located two hundred (200) feet away from any residential structure.

B.

The location of a facility shall be determined in accordance with the following sequence of preferential criteria:

1.

Public property;

2.

Colocation with an existing facility, provided that the existing and proposed colocated facilities will be stealth;

3.

Attachment to an existing structure such as a building, steeple or utility apparatus;

4.

Location in an industrial, commercial or residential zoning district.

C.

All variations or reductions to these General Development requirements shall require the approval of a variance.

(Ord. No. 1456, § 1, 7-15-09)

All wireless telecommunications facilities shall require a conditional development permit. Each applicant applying for such a Conditional Development Permit shall submit a completed application in accordance with the requirements in Chapter 18.66 of the Rialto Municipal Code, and such additional requirements as are made applicable by this chapter. In addition to the city submittal requirements for a conditional use permit otherwise required, the following information shall be submitted:

A.

The proposed location of the wireless telecommunications facility and all alternative locations considered for the facility, including the distance to the nearest property containing a residential structure.

B.

Written documentation explaining the rational for selection of the proposed location from the alternative sites, and explaining specific reasons for rejecting each alternative site.

C.

A discussion and map of facility locations anticipated to complete the applicant's projected ultimate network of facilities within the city and within two miles of city boundaries. The discussion shall include to the best extent possible an indication of facility networks needed by other providers of commercial mobile service and other colocation opportunities. The discussion shall include the applicant's facility design theme for the network, and other information that allows review and evaluation of the proposal's part in an ultimate network of facilities, and colocation opportunities.

D.

A map showing the area within the city of Rialto that will be serviced by the proposed facility and the nature of the service to be provided by the facility.

E.

A description of the any anticipated noise, and light emissions from the proposed facility; and a description of the typical maintenance and service requirements and schedule for the facility.

F.

Elevations, plan views or photographic simulations of the wireless telecommunications facility, accessory equipment and all other proposed site modifications with dimensions identified.

G.

The height of any existing or proposed structure(s).

H.

Location of existing or proposed easements on the property on which the facility is proposed to be located.

I.

A radio-frequency (RF) report prepared by a qualified RF engineer acceptable to the city to demonstrate that the proposed facility, as well as any colocated facilities, complies with current federal RF emission standards. This RF report shall also include signal strength exhibits.

J.

Computerized visual assessments or other equivalent exhibits acceptable to the director of development services showing before and after visual appearances of the proposed facility.

K.

If the facility is not proposed to be colocated, or not designed for colocation, the applicant shall provide information as required by the director of development services, including a report by a qualified engineer, demonstrating why the facility cannot be colocated or designed for colocation.

L.

Any other information required by the director of development services.

(Ord. No. 1456, § 1, 7-15-09)

Wireless Telecommunications Facilities Findings. In addition to the required findings for conditional development permits contained in city of Rialto Municipal Code, the following findings are required for every wireless telecommunications facility:

A.

That the proposed facility will provide a benefit to the city by its ability to provide additional communication capabilities;

B.

That the proposed facility will be a stealth facility and be aesthetically integrated into the design and landscaping of its site and surrounding land uses;

C.

That the proposed facility has been evaluated in the context of the ultimate anticipated network of facilities of both the applicant and other commercial mobile service providers so as to reduce the number of facilities needed to provide service to the city of Rialto;

D.

That the proposed facility has been located and designed for colocation to the maximum extent possible;

E.

That the proposed facility will comply with FCC regulations regarding interference with the reception or transmission of other wireless service signals within the city and surrounding community;

F.

That the proposed facility will operate in compliance with all other applicable federal regulations for such facilities, including safety regulations; and

G.

That the public need for the use of the facility has been documented to the satisfaction of the director of development services.

(Ord. No. 1456, § 1, 7-15-09)

All appeals from actions of the planning commission to the city council shall be filed in accordance with the requirements of the Rialto Municipal Code, including payment of required fees.

(Ord. No. 1456, § 1, 7-15-09)

A.

Discontinued Use. The operator of a lawfully erected facility, and the owner of the property on which it is located, shall within five business days notify the director in writing in the event that use of the facility is discontinued for any reason. For purposes of this paragraph, a discontinued use shall be permanent unless the facility is likely to be operative and used within the immediately following ninety (90) day period. In the event that discontinued use is permanent, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be completed within ninety (90) days after the use is discontinued, and shall be performed in accordance with all applicable health and safety requirements.

B.

Abandonment. Any facility that is discontinued, inoperative or unused for a period of six continuous months shall be deemed abandoned. An abandoned facility shall constitute a public nuisance subject to abatement as provided in the Rialto Municipal Code.

(Ord. No. 1456, § 1, 7-15-09)