Santee City Zoning Code

The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless telecommunication facilities and antennas. The regulations contained herein are designed to protect and promote the public health, safety and community welfare and the aesthetic quality of the City as set forth within the goals, objectives and policies of the General Plan, while at the same time providing for managed development of wireless telecommunications infrastructure in accordance with the guidelines and intent of the Telecommunications Act of 1996.

Objectives. Recognizing the City's roles as regulator, service provider, facilitator and user, it is intended that the City shall apply these regulations in furtherance of the following goals and policy objectives, including, but not limited to:

Visual Impact Demonstration. A visual impact analysis shall be provided showing the maximum silhouette and proposed or required screening. The visual impact analysis shall photo simulations and any required photo overlays, scaled models or architectural renderings necessary to determine visual impact. A map depicting where the photos were taken shall be included.

Narrative.

Co-Location Agreement. All wireless telecommunications carriers shall provide a letter stating their willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible and aesthetically desirable. When determined to be technically feasible and appropriate, the Director may require unutilized space to be made available for co-location of other wireless telecommunications facilities, including space for entities providing similar, competing services. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it becomes necessary for the host to go off-line for a significant period of time.

The applicant shall provide a list of planned or anticipated facilities within the City, and their anticipated construction schedules. The Director may require concurrent processing of planned facilities.

At the discretion of the Director the applicant may be required to provide an authorization waiver to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed wireless telecommunications facility, including, but not limited to, compliance with applicable Federal emission standards, potential for interference with existing or planned public safety emergency response wireless telecommunications facilities, or analysis of feasibility of alternate sites, screening methods or devices. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is hereby deemed not be a public record, shall remain confidential, and not be disclosed to any third party without the express consent of the applicant.

Any other relevant information as required by the Director.

Each facility must comply with any and all applicable provisions of the Santee Municipal Code, including, but not limited to, provisions of the Building Code, as amended by the City, and any conditions of approval imposed as part of the approval process.

Each facility must comply with any and all applicable regulations and standards promulgated or imposed by any State or Federal agency, including, but not limited to, the Federal Communications Commission and the Federal Aviation Administration.

The facility must at all times comply with all applicable health requirements and standards pertaining to RFR emissions.

Interference with City communications systems is prohibited. All proposed facility applications shall include reports, as required by the Fire Department, to evaluate potential interference. The applicant shall be responsible for any costs incurred by the City, including the costs of retaining consultants, to review and analyze the reports.

Without limitation, the provisions of this chapter do not permit placement of wireless telecommunications facilities in the public right-of-way without an encroachment permit authorizing such placement issued by the City, or permit placement of wireless telecommunications facilities on private property without the permission of the property owner.

Co-Location Sites. Co-located and multiple-user wireless telecommunications facilities may be required when, in the determination of the Director, it is technically feasible and appropriate and will minimize overall visual impact to the community.

Property designated industrial or commercial, unless otherwise prohibited pursuant to this chapter.

Facilities Attached or Sited Adjacent to Existing Structures. Appropriate types of existing structures may include, but are not limited to: buildings, water tanks, telephone and utility poles, sign standards, traffic signals, light standards and roadway overpasses.

Sites that are not highly visible from adjacent roadways.

Unless otherwise indicated in this chapter, no wireless telecommunications facility shall be installed on an exposed ridgeline or on property located within the Hillside Overlay District or along a scenic road or scenic corridor as designated in the Santee General Plan unless the facility blends with the surrounding existing natural and man-made environment to the maximum extent possible and a finding is made that no other location is technically feasible.

Façade mounted antennas that meet the visual requirements specified in this chapter;

Roof mounted antennas that are not visible to the public; and

Monopoles or freestanding towers that utilize stealthing techniques.

All facilities shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, and camouflage and to be compatible with existing architectural elements, building materials and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives.

Colors and materials for facilities shall be nonreflective and chosen to minimize visibility. Facilities, including support equipment and buildings, shall be painted or textured using colors to match or blend with the primary background.

Wireless support structures and base stations shall be illuminated as required by the FCC and/or the Federal Aviation Administration (FAA). If allowed under FAA and other governmental regulations, alternatives to strobe lighting shall be used at night and lighting shall be shielded to ensure that lighting is focused toward the top of the wireless support structure or base station. Lightning arresters and beacon lights shall not be included in the design of facilities unless required by the FAA and shall be included when calculating the height of facilities such as lattice towers and monopoles.

Façade-mounted equipment shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. Antennas must be located entirely within an existing or newly created architectural feature so as to be completely screened from view.

Satellite dish or parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening.

All monopoles and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation. Freestanding monopoles shall incorporate stealth techniques to minimize their prominence.

Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator's service area and shall be set back from the edge of the building or otherwise screened with the building parapet to minimize their visibility.

Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, or other camouflage treatment to minimize visual impact. Equipment shelters and buildings shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). No outdoor storage yards shall be allowed in an equipment compound. Equipment compounds shall not be used as habitable space.

No freestanding facility such as a monopole, lattice tower, or similar structure including ancillary support equipment may be located between the face of a building and a public street, bikeway or park.

The City shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impact associated with multiple facilities.

Freestanding facilities, including towers, lattice towers, and monopoles, shall not exceed the maximum height of the base district by more than 15 feet. The height of a freestanding facility shall be measured from the natural undisturbed ground surface below the center of the base of the tower itself to the tip of the highest antenna or piece of equipment attached thereto. In the case of roof-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted.

No telecommunications facility that is readily visible from off-site shall be installed on a site that is not already developed with a telecommunications facility unless a finding is made, based on technical evidence acceptable to the Director, as appropriate, showing a clear need for this facility that no technically feasible alternative site exists.

Installation of the following antennas and/or appurtenant equipment which complies with all applicable health requirements and standards pertaining to RF emissions is exempt from the provisions of this chapter subject to the conditions below:

The determination of whether or not a proposed facility meets the requirements for exemption is at the discretion of the Director. The Director may require that the application be processed as a minor development review permit or conditional use permit if the requirements of this section cannot be met unless the application is an eligible facilities request subject to Section 13.34.085.

The following types of telecommunications facilities are allowed, subject to the applicable provisions of this chapter and approval of a development review permit by the Director:

The determination of whether or not a proposed facility meets the requirements for a development review permit are at the discretion of the Director. The Director may require that the application be processed as conditional use permit if the requirements of this section cannot be met.

The following types of telecommunications facilities are allowed, subject to the applicable provisions of this chapter and approval of an antenna permit by the Director:

Applications for an antenna permit shall include the following information:

Upon receipt of an application for approval of an eligible facilities request, the Director or his or her designee shall review such application to determine whether the application qualifies as an eligible facilities request under State and/or Federal law and is complete, and shall promptly notify applicant if the application is incomplete or is not an eligible facilities request. An application is incomplete if it omits or withholds any required information, or fails to provide information in sufficient detail to determine whether the application is for an eligible facilities request, or to determine whether the work will be performed in accordance with, and will result in a wireless telecommunications facility that complies with applicable safety codes.

If the application is an eligible facilities request and the application is complete, the Director shall approve the application subject to this section. This section shall be operative, and any permit issued pursuant to this section shall remain in effect only so long as Federal law, 47 U.S.C. Section 1455, and implementing Federal Communications Commission regulations, 47 C.F.R. Section 1.610 regulations, require approval of an eligible facilities request as defined herein. By approval, the City solely intends to comply with a requirement of Federal law or State law not to grant any property rights or interests except as compelled by Federal or State law.

If the application does not satisfy requirements for an eligible facilities request, or the application would otherwise result in a wireless telecommunications facility that does not comply with applicable Federal, State or local laws, the application shall be denied.

If the applicant fails to respond to any City request for information or similar correspondence for more than 45 days, then the application shall expire. No application or permit fees will be refunded and should the applicant seek to pursue the proposed installation a new application and applicable fee shall be required.

The Director may except particular applications from approval, or may condition approval, as appropriate, consistent with Federal and State law and the requirements of this chapter. Without limitation, approval does not exempt applicant from, or prevent City from, opposing a proposed modification that is subject to compliance under the National Historic Preservation Act of the National Environmental Policy Act.

The wireless telecommunications facility provider shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees: (1) from any claim, action or proceeding against the City, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable State and/or local statutes; and (2) from any damages, liabilities, claims, suits, or causes of action of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or the land owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors, pursuant to the approval issued by the City, when such claim or action is brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the provider(s) of any such claim, action or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith.

Wireless telecommunications facility operators shall be strictly liable for interference caused by their facilities with City communications systems. The operator shall be responsible for costs for determining the source of the interference, all costs associated with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third party claims against the City attributable to the interference.

No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, County, the State of California or the Federal government.

Failure to remain in continued compliance with the MPE limits shall be grounds for revocation of the applicable City permit.

At any time, the Director may initiate proceedings to revoke a permit issued pursuant to this chapter. Grounds for revocation shall be limited to a finding that the owner or operator has abandoned the facility, the facility is no longer in compliance with either the general requirements or design standards of this chapter and the owner or operator has failed to bring the facility into compliance within 180 days after a notice has been sent by the Director requiring the facility to be brought into compliance, the facility is no longer in compliance with applicable FCC or FAA regulations, the use is no longer permitted in the zoning district in which it is located, the facility has not been upgraded to reduce or minimize its impact to the extent reasonably permitted by the technology available at the time of renewal, or if the Director determines that revocation would be in the best interest of the public health, safety, or welfare. Upon making a determination that the permit should be revoked, the Director may, at his or her discretion, initiate revocation proceedings pursuant to Section 13.06.030(G).

All permits approved pursuant to this chapter shall expire after 10 years.

Ordinary maintenance.

A co-location or modification that constitutes an eligible facilities request.