San Bruno City Zoning Code
CHAPTER 12
220 WIRELESS TELECOMMUNICATIONS FACILITIES
§ 12.220.010 Authority.
Section 704 of The Telecommunications Act of 1996 preserves the authority of local agencies to regulate telecommunications facilities based on aesthetics, visual impacts, and land use impacts.
(Ord. 1711 § 1, 2006; Ord. 1778 § 2, 2009)
§ 12.220.020 Purpose.
The purpose of this chapter is to provide uniform standards for the design, placement, and permitting of telecommunication facilities consistent with applicable federal requirements. The regulations contained herein are designed to protect and to promote public health, safety, community welfare, and the aesthetic quality of the city while at the same time providing for the managed development of telecommunication facilities.
(Ord. 1711 § 1, 2006; Ord. 1778 § 2, 2009)
§ 12.220.030 Definitions.
means a wireless facility, including antennas, and related equipment, placed or installed on, or immediately adjacent to, an existing wireless telecommunications facility or wireless telecommunications collocation facility. It does not include the initial installation of a new wireless telecommunications facility that will support future or additional co-location.
means an evaluation of the combined effects of the impacts of the project on the site and the adjacent properties considering the information and documentation detailed in Section 12.220.070 of this chapter.
means a telecommunications facility that is mounted to an existing vertical structure such as a streetlight or power pole. Telecommunications facilities that are mounted on a monopole or mounted on a building are not distributed repeater antennas.
refers to wireless telecommunications facility, wireless telecommunications collocation facility and collocation facility, collectively.
means improvements or treatments added to or incorporated within a telecommunications facility, including scale, architectural integration, colors, finish, and landscaping, that mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible and as unobtrusive as possible.
means compliance with city noise standards and improvements or treatments added to or incorporated within a proposed telecommunications facility to minimize noise disruption to adjacent properties.
means a wireless telecommunications facility that includes collocation facilities.
means equipment and network components such as towers, utility poles, antenna, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.
(Ord. 1711 § 1, 2006; Ord. 1778 § 2, 2009)
§ 12.220.040 Architectural review permit required.
A.
No telecommunication facility shall be placed within the city of San Bruno without first obtaining an architectural review permit except as otherwise allowed by the provisions in this chapter.
B.
A complete application for an architectural review permit is required and includes a cumulative impact analysis as set forth in this chapter.
C.
The procedures for review and approval of architectural review permit applications shall be as set forth in San Bruno Municipal Code Chapter 12.108 (Architectural Review Permits) and as contained in this chapter.
D.
Notwithstanding the provisions of this section, an architectural review permit shall not be required for the placement or installation of a collocation facility if all of the criteria below are met:
1.
The applicant must have a business license allowing applicant to conduct business in the city, where requiring such business license is allowed by law.
2.
A building permit is issued for the collocation facility. Prior to issuance of a building permit for co-locations, the applicant shall demonstrate compliance with this subsection by: (a) submitting an application, including a written statement that the criteria set forth herein is met and that the proposed collocation facility is consistent with the cumulative impact analysis conducted for the existing wireless telecommunications facility or wireless telecommunications collocation facility; (b) responding to all information requests; and (c) paying associated application fees.
3.
The collocation facility is consistent with all the requirements applicable to the existing wireless telecommunications facility or wireless telecommunications collocation facility, including, without limitation, zoning permit conditions, and applicable requirements of the current San Bruno Municipal Code, and applicant agrees in writing to operate and maintain facility in compliance with these requirements and conditions.
4.
The existing wireless telecommunications facility or wireless telecommunications collocation facility was subject to a zoning permit that allowed future or additional co-locations.
5.
The existing wireless telecommunications facility or wireless telecommunications collocation facility was subject to review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), which addressed the environmental impacts of future or additional co-locations, either through certification of an environmental impact report, adoption of a negative declaration or mitigated negative declaration or identification of a categorical exemption, and the collocation facility incorporates any required mitigation measures.
§ 12.220.050 General criteria.
A.
Locations.
1.
Zoning. Telecommunications facilities shall be located in an area zoned either industrial or commercial. If a telecommunications provider wishes to locate telecommunications facilities in a residential zoned area, the provider must demonstrate to the city that no other feasible nonresidential location is available that would meet a gap in service or other legitimate business need.
2.
Co-Location. In order to minimize overall visual impact, telecommunication facilities shall be designed to promote facility and site sharing.
B.
Structure Types.
1.
Building-mounted antennas are encouraged, provided that the wireless communication facility is compatible with the building's design. Building-mounted antennas shall be designed either to be hidden from view or integral to the building's architecture in accordance with the city's design requirements as provided in this chapter.
2.
When a building-mounted antenna is not possible, distributed repeater antennas are encouraged along the city's arterial and collector streets.
3.
Where building-mounted antennas or distributed repeater antennas are not possible, monopole antennas may be permitted, but shall be screened from public view in accordance with the city's design requirements as provided in this chapter.
(Ord. 1711 § 1, 2006; Ord. 1778 § 2, 2009)
§ 12.220.060 General requirements.
A.
A stealth design is required for all telecommunications facilities.
B.
Height Limit. All telecommunications facilities shall conform to the height limits of the zoning district in which located and shall conform to San Bruno Municipal Code Ch. 12.26 (City Ordinance No. 1284) which limits all buildings and structures to a maximum of fifty feet.
1.
Building-mounted facilities shall be no more than fifteen feet higher than the building to which it is affixed.
2.
A telecommunications facility that is affixed to a structure that is higher than fifty feet because it is exempt from the city's height regulation shall be no higher than the structure.
C.
Setbacks for telecommunications facilities not located on buildings or pre-existing structures, shall be a distance equal to the setback requirements in the applicable zoning district, measured from the base of the pole, except that the decision-making body may modify the placement of a telecommunications facility when placement in a particular location will reduce visual or noise impacts.
D.
There shall be no lighting on any telecommunications facility except to the extent required by other law.
E.
All telecommunications facilities shall provide underground utility service lines, if feasible.
§ 12.220.070 Application requirements.
An applicant for an architectural review permit for a telecommunications facility within the city of San Bruno shall provide the following information and documentation, which requirements the director of community development or other reviewing authority may waive or may require additional information based on project specific factors:
A.
The applicant shall provide identification and location information for applicant, company, project manager, long-term responsible party for city and neighborhood issues, and agent for service of process.
B.
A cumulative impact analysis which describes and evaluates the combined impacts of the project on the immediate site and on adjacent properties, and includes, but is not limited to, the following:
1.
Site location plan for the proposed telecommunication as follows:
a.
A general description of the project,
b.
Site coverage map detailing ranges of existing and planned facilities, service area covered, gap coverage, and how facilities will cover the gap,
c.
The need for the tower in that particular location, and
d.
Alternative site selection and co-location opportunities with a statement of efforts to utilize such opportunities;
2.
A design plan of the proposed telecommunications facility as follows:
a.
Description of the telecommunications facilities proposed in relation to the site,
b.
Size and dimensions of the property and the proposed facilities,
c.
Description of stealth design being utilized,
d.
Photo simulations or other visual representations, and
e.
Information on whether other technologies exist that would minimize adverse visual or other impacts, and if such technologies are available, why the applicant is not using those technologies;
3.
Evidence of compliance with standards as follows:
a.
Radio Frequency (RF). A qualified electrical engineer licensed by the state of California shall prepare an evaluation of RF electromagnetic field exposures identifying the federal standards and demonstrating that RF levels generated by facility meet federal standards, including cumulative impact from nearby facilities,
b.
Noninterference. A written statement from a qualified engineer licensed by the state of California that the telecommunications facility will not interfere with public safety communications and the usual and customary transmission or reception of other communication services enjoyed by adjacent residential and nonresidential properties,
c.
Safety. A written statement acceptable to the city's fire marshal and the building official that the facilities do not pose a risk of explosion, fire or other danger to life or property due to proximity to other materials and facility is designed and certified by a state of California qualified engineer that the telecommunications facility is structurally sound, and
d.
Noise and Acoustical Information. A written statement from the applicant explaining how the telecommunications facility is using a whisper design to minimize noise disruption.
C.
Business License Required. The applicant must submit evidence that it has received a business license to allow it to conduct business in the city, where requiring such business license is allowed by law.
§ 12.220.080 Findings for approval.
A.
The community development director will approve an architectural review permit application if the applicant demonstrates that it has fully complied with the requirements of this chapter, and the community development director can make the findings set forth in San Bruno Municipal Code Section 12.108.030 (Architectural Review Permits–Findings), as applicable.
B.
As federal law prohibits the city from denying an application because of concerns regarding the safety of RF emissions where the applicant demonstrates compliance with federal law standards, the community development director may not base a use permit denial on these grounds.
C.
If the community development director approves an application, the director's approval must contain conditions addressing the operation, review on periodic basis, maintenance, repair, relocation, and removal of the telecommunications facility. The director may impose additional conditions consistent with state and federal law, and consistent with this chapter. The director may not include any condition that would unreasonably discriminate among providers of functionally equivalent providers with respect to facilities that are similarly situated in terms of structure, placement, or cumulative impact.
D.
Any decision by the community development director must be supported by substantial evidence contained in a written record. A decision to deny an application must be in writing, and must provide a sufficient explanation of the reason for denial.
§ 12.220.090 Exempt facilities.
The following wireless telecommunication facilities are exempt from review under this chapter: Television antennas, home satellite dishes up to one meter in diameter, amateur radio facilities, wireless telecommunication facilities erected and operated for a public emergency situation, which shall be promptly removed at the conclusion of the emergency, mobile facilities when placed on a site for less than twenty-four consecutive hours, and facilities specifically exempted under state or federal law.
(Ord. 1711 § 1, 2006; Ord. 1778 § 2, 2009)