Union City City Zoning Code
CHAPTER 18
114 WIRELESS TELECOMMUNICATION FACILITIES
§ 18.114.010 Purpose.
The purpose and intent of these regulations are to provide a uniform and comprehensive set of standards for the development, location, siting and installation of wireless telecommunication facilities. The regulations are designed to promote and protect the public health, safety and welfare and the visual quality of the City of Union City while allowing the appropriate development of telecommunication activities throughout the City.
(Ord. 731-10 § 2, 2010)
§ 18.114.020 Applicability.
A.
Except as indicated below, this chapter shall apply to all wireless telecommunication facilities within any zoning district. Proposals that do not meet the standards below shall be subject to the requirements of this chapter.
B.
The following shall be exempt from the requirements of this chapter:
1.
Antennas designed to receive video programming signals from direct broadcast satellite services, multi-channel multipoint distribution providers, or television broadcast stations, provided that all of the following conditions are met:
a.
The antenna measures 39.7 inches (one meter) or less in diameter,
b.
If the antenna is mounted on a mast, the mast must measure less than 12 feet in height. In residential zoning districts, roof-mounted antennas may be allowed up to a maximum height of 40 feet,
c.
The antenna does not pose a threat to public safety, including, but not limited to, minimum separation from power lines, compliance with electrical and fire code requirements, and secure installation,
d.
The antenna is not located on a site or building with historical significance, as demonstrated by its inclusion on any list of historical sites officially adopted by any local, State, or Federal governmental body, except with administrative use permit approval for residentially zoned properties, and
e.
To the extent feasible, the antenna is installed in a location where it is not readily visible from the public right-of-way;
2.
Amateur radio antennas and associated antenna structures in residential zoning districts, as provided in Chapter 18.32;
3.
Minor modifications of existing wireless telecommunication facilities, whether emergency or routine, provided there is little or no change in the visual appearance; and
4.
Antennas and equipment cabinets or rooms completely located inside of a structure and whose purpose is to enhance communications within the structure;
5.
City owned and operated facilities.
(Ord. 731-10 § 2, 2010; Ord. 764-11 § 2, 2011)
§ 18.114.030 Definitions.
Words and phrases used in these regulations have the definitions and interpretations set forth in this section. Words and phrases not defined in this section but defined elsewhere in this code shall be given the meanings established by this code. In the case of a conflict between the definitions set forth in this chapter and those established elsewhere in this code, the definitions set forth in this chapter shall govern for the purpose of implementation of these regulations. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise.
means any system of wires, poles, panels, rods, reflecting disc, or similar devices used for the transmission or reception of electromagnetic waves (or radio frequency signals) when such system is either external to or attached to the exterior of a structure, or is portable or movable. Antenna includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.
means a system in which signals are transmitted directly from a satellite to a small receiving dish.
means an electromagnetic wave, which is an electrical wave propagated by an electrostatic and magnetic field of varying intensity.
means the electromagnetic energy propagated from a source by radiation or conduction.
means, when referring to monopoles, or other structures determined by the Director to be similar, the distance measured from existing grade below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. When referring to façade or building-mounted antennas, the height shall include the height of that portion of the building on which the antenna is mounted. In the case of crank-up or similar towers whose height is adjustable, the height of the tower shall be the maximum height to which it is capable of being raised.
means a single pole structure erected on the ground to support antennas and connecting appurtenances.
means the person, entity or agency primarily responsible for installation and maintenance of the wireless telecommunication facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located.
means electromagnetic energy with wave lengths between the audio range and the light range. Electromagnetic waves transmitted usually are between 500 kHz (kiloHertz—one thousand hertz) and 300 GHz (gigaHertz—one billion cycles per second).
means that an object can be seen from public view (including, but not limited to, the public right-of-way, public parks, public trails, public recreation areas, and parking areas open to the public), and distinguished as an antenna or other component of a wireless telecommunication facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials. For antennas co-located on legally existing monopoles that are readily visible from public view, the best available techniques to camouflage, disguise and/or blend them into the surroundings shall be incorporated to the extent feasible.
means the line along the top of an existing roof or top of a structure, including existing parapets, penthouses, or mechanical equipment screens.
means a facility that transmits and/or receives electromagnetic signals, including, but not limited to, antennas, microwave dishes, parabolic antennas, directional antennas, cable conduit and connectors, and other types of equipment for the transmission or reception of such signals, including towers or similar structures supporting the equipment, equipment pads, equipment buildings, shelters, cabinets, parking area and other accessory development.
means a wireless telecommunication facility owned or operated by a telecommunication service provider which is located on an existing monopole or other freestanding facility.
(Ord. 731-10 § 2, 2010)
§ 18.114.040 Wireless telecommunication facilities use table.
A.
Where indicated with the letters "AUP," the use requires an administrative use permit. The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters "UP," the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with the letters "ASD," the use requires administrative site development review. The administrative site development review procedure is described in Chapter 18.72. Where indicated with a dash (–), the use is not allowed.
Zoning District | Monopoles | Co-locations on Existing Monopoles and other Freestanding Facilities | Building and Roof-Mounted Facilities |
|---|---|---|---|
R, RS, RM | – | – | – |
CPA | – | – | AUP, ASD |
CN | – | – | AUP, ASD |
CC | – | – | AUP, ASD |
CVR | – | – | AUP, ASD |
CSMU | – | – | AUP, ASD |
CMU | – | – | AUP, ASD |
MMU | – | – | AUP, ASD |
CUL | – | – | AUP, ASD |
SEE | – | AUP, ASD | AUP, ASD |
MG | UP, ASD | AUP, ASD | AUP, ASD |
ML | UP, ASD | AUP, ASD | AUP, ASD |
MS | – | AUP, ASD | AUP, ASD |
A | – | UP, ASD | AUP, ASD |
OS | – | UP, ASD | AUP, ASD |
CF | UP, ASD | UP, ASD | AUP, ASD |
PI | – | – | AUP, ASD |
511 | – | UP, ASD | – |
AUP = Administrative use permit |
UP = Use permit |
ASD = Administrative site development review |
– = Not permitted |
B.
If the proposed wireless telecommunication facility would substantially modify an existing building, the Director may require site development review.
C.
The Director may approve minor modifications and aesthetic upgrades that do not increase the size or visibility of any legally established wireless telecommunication facility, subject to compliance with any existing conditions of approval.
(Ord. 731-10 § 2, 2010; Ord. 903-22 § 4, 2022)
§ 18.114.050 General requirements.
All wireless telecommunication facilities shall meet the following general requirements:
A.
At the time of modification or upgrade of facilities, existing equipment shall be replaced with equipment that reduces visual and noise impacts to the maximum extent feasible, consistent with current industry practices for new installations.
B.
Proposed facilities shall not eliminate parking spaces that are necessary for other existing uses on the site.
C.
No new overhead services or overhead extensions of main lines to a wireless telecommunication facility shall be permitted.
D.
Monopoles proposed as the sole, or primary, use of a property shall be discouraged. Monopoles should be designed as an accessory use on a property.
E.
In accordance with the requirements of Chapter 18.16, Nonconforming Buildings, Structures, and Uses, wireless telecommunication facilities shall not be permitted on nonconforming structures, except on legal nonconforming monopoles, subject to compliance with all other requirements of this chapter.
F.
Additional Standards for Co-Locations on Monopoles and other Freestanding Facilities.
1.
So as to avoid the visual impact of multiple telecommunications facilities, it is the policy of the City that available co-located and multiple-user wireless telecommunication facilities be used instead of a new wireless telecommunication facility when such use is technically feasible and appropriate;
2.
The decisionmaker may limit the number of wireless telecommunication facilities at a given site in order to prevent negative impacts (visual, noise, traffic, etc.) associated with multiple facilities.
(Ord. 731-10 § 2, 2010)
§ 18.114.060 Location.
A.
All wireless telecommunication facilities shall be located so as not to be readily visible and shall meet the following requirements:
1.
No wireless telecommunication facility or ancillary support equipment shall be located within any setback or between the face of a building and a public right-of-way except for approved stealth façade-mounted equipment and facilities that are completely subterranean.
2.
All setback distances shall be measured from the projection closest to the applicable property line or structure.
3.
Where feasible, wireless telecommunication facilities shall be located on property that has been improved with other utility service providers' facilities, such as water tanks and other utility structures.
B.
Additional Standards for Monopoles.
1.
Monopoles shall be set back at least 20% of the monopole height from all property lines.
2.
No monopole shall be installed closer than one-half (0.5) mile from any existing monopole unless technologically required (technical evidence shall be submitted to the Director showing a clear need for this wireless telecommunication facility and the infeasibility of co-locating it at an existing site).
3.
Monopoles shall not be located within 300 feet of any residentially zoned property.
4.
Monopoles shall not be located within 300 feet of any public trail, park, or outdoor recreation area.
5.
Monopoles shall be set back a minimum of 300 feet from major arterials, including Alvarado-Niles Road, Dyer Street, Decoto Road, Whipple Road, Union City Boulevard, Mission Boulevard, Alvarado Boulevard, Lowry Road, 11th Street, and the East/West Connector.
C.
Co-locations on monopoles and other freestanding facilities shall not be located within 300 feet of any public trail, park, or outdoor recreation area.
(Ord. 731-10 § 2, 2010)
§ 18.114.070 Height.
A.
All wireless telecommunication facilities shall be constructed at the minimum height possible to serve the operator's service area.
B.
No wireless telecommunication facility shall exceed or project above the height limit specified for the district in which it is located, except co-locations on electrical transmission lattice towers, which may extend or project up to 12 feet above the height of the existing tower. Only one such height extension per electrical transmission tower shall be permitted.
(Ord. 731-10 § 2, 2010)
§ 18.114.080 Design.
A.
All wireless telecommunication facilities shall meet the following design requirements:
1.
All wireless telecommunication facilities shall be designed and located so as not to be readily visible, by means of design, placement, screening, and camouflage. The applicant shall use the smallest and least visible antennas feasible to accomplish the owner or operator's coverage or capacity objectives.
2.
Colors and materials for facilities shall be chosen to minimize visibility. All visible exterior surfaces shall be constructed of nonreflective materials. Facilities shall be painted or textured using colors to match or blend with the primary background. Attached antennas (antennas affixed to an existing structure that is not considered a component of the attached antenna) shall be painted and/or textured to match the existing support structure. For multiple-user facilities, architectural and other camouflaging treatment shall be coordinated between all users on each site.
3.
All equipment shelters or cabinets shall be concealed from public view or made compatible with the architecture of surrounding structures, or placed underground. Where feasible, equipment shall be located within existing utility rooms. If the decisionmaker determines that an equipment cabinet is not or cannot be adequately screened from surrounding properties and from public view or architecturally treated to blend in with the environment, the equipment cabinet shall be placed underground unless the decisionmaker finds that such placement is not feasible or consistent with the objectives of this chapter and other applicable requirements.
4.
Existing on-site landscaping shall be preserved or improved, and disturbance of the existing topography shall be minimized unless such disturbance would result in reduced visual impact. Additional landscaping, which may include trees, shrubs, vines, and groundcover, shall be planted as needed to minimize the visual impact of the wireless telecommunication facility.
5.
Wireless telecommunication facility lighting shall be designed to meet but not exceed minimum requirements for security, safety, or FAA regulations, and in all instances shall be designed to avoid glare and minimize illumination on adjacent properties.
6.
No advertising shall be placed on telecommunication antennas or other equipment.
7.
All wireless telecommunication facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The decisionmaker may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of location and/or accessibility, a facility has the potential to become an attractive nuisance.
B.
Additional Standards for Building and Roof-Mounted Facilities.
1.
Building-mounted antennas and any ancillary equipment shall not be permitted unless they are in scale and architecturally integrated and camouflaged with the building design in such a manner as to be visually unobtrusive.
2.
Where feasible, antennas should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.
3.
Roof-mounted antennas shall be screened from public view and located the maximum distance from the edge of the roof as technologically feasible.
(Ord. 731-10 § 2, 2010)
§ 18.114.090 Operation and maintenance standards.
All wireless telecommunication facilities shall comply at all times with the following operation and maintenance standards. Failure to comply with these standards constitutes a violation of the Zoning Ordinance and may result in permit revocation.
A.
Each owner or operator of a wireless telecommunication facility shall obtain and maintain current at all times a business license issued by the City.
B.
Each wireless telecommunication facility shall install and maintain conspicuous signage identifying the name and phone number of a party to contact in event of an emergency. The design, materials, colors, and location of signs shall be subject to Director approval. Contact information shall be kept current.
C.
Wireless telecommunication facilities shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than 48 hours from the time of notification by the City.
D.
Each owner or operator of a wireless telecommunication facility shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, shrubs, vines, groundcover, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan shall be submitted to the Director for approval.
E.
Each wireless telecommunication facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 8:00 p.m. on Monday through Friday; 9:00 a.m. and 8:00 p.m. on Saturday; and 10:00 a.m. and 6:00 p.m. on Sunday and holidays. Backup generators shall only be operated during periods of power outages or for testing. All facilities shall comply with the noise limits set forth in this title and the General Plan.
F.
Each owner or operator of a wireless telecommunication facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section.
(Ord. 731-10 § 2, 2010)
§ 18.114.100 Radio frequency emission standards.
All wireless telecommunication facilities shall meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the Federal or State government with the authority to regulate radio frequency emissions of wireless telecommunication facilities. If such standards and regulations are changed, then the owners of the wireless telecommunication facilities governed by this chapter shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling Federal or State agency. Failure to bring wireless telecommunication facilities into compliance with such revised standards and regulations shall constitute ground for the removal of such facilities at the owner or operator's expense.
(Ord. 731-10 § 2, 2010)
§ 18.114.110 Removal of abandoned facilities.
Within 30 days of cessation of operations of any wireless telecommunication facility, the operator shall remove all wireless telecommunication facilities from the site. If the operator fails to do so, the property owner shall be responsible for removal.
(Ord. 731-10 § 2, 2010)
§ 18.114.120 Application materials.
In addition to meeting the standard application submittal requirements for required permits, which are specified in Chapter 18.54, Administrative Use Permits; Chapter 18.56, Use Permits; Chapter 18.72, Administrative Site Development Review; and Chapter 18.76, Site Development Review, applications for wireless telecommunication facilities pursuant to this chapter, shall include the information set forth in this section. The Director may waive certain application submittal requirements if determined that said item is not necessary for evaluating the project for planning approval.
A.
Coverage Map and General Information.
1.
A narrative description and map showing the coverage area of the provider's existing facilities that serve customers in Union City and the specific site that is the subject of the application.
2.
A statement of the telecommunication objectives sought for the proposed location, including but not limited to, whether the proposed wireless telecommunication facility is necessary to prevent or fill a significant gap or capacity shortfall in the applicant's service area, whether it is the least intrusive means of doing so, and whether there are any alternative sites that would have fewer impacts while providing comparable service.
B.
Technical Information.
1.
Copies of, or a sworn statement by an authorized representative of the owner and/or operator that applicant holds all applicable licenses or other approvals required by the FCC, PUC, and any other agency of the Federal or State government with authority to regulate telecommunication facilities that are required in order for the applicant to construct the proposed wireless telecommunication facility.
2.
Documentation of, or a sworn statement by an authorized representative that applicant is in compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related wireless telecommunication facilities proposed to be installed, and engineering calculations demonstrating that the proposed wireless telecommunication facility will comply with all applicable FCC requirements and standards.
3.
A radio frequency (RF) emissions report, prepared by a licensed professional engineer or other qualified professional, indicating that the proposed site will operate within the current acceptable thresholds as established by the Federal government or any such agency that may be subsequently authorized to establish such standards.
C.
Visibility.
1.
A description of the proposed approach for screening or camouflaging all facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials and colors, and an explanation of the measures by which the proposed wireless telecommunication facility will be camouflaged or rendered not readily visible.
2.
A visual impact analysis including scaled elevations that include all structures on which facilities are proposed to be located, before and after-photo simulations, and a map depicting where the photos were taken.
3.
If a monopole is proposed, the application shall include:
a.
Identification of all alternative sites, including existing monopoles and other freestanding facilities and those for which there are applications currently on file with the City. If co-location on any such monopole or other freestanding facility would result in less visual impact than the visual impact of the proposed wireless telecommunication facility, the applicant shall justify why such co-location is not being proposed.
b.
Justification of why proposed height and visual impact of structures cannot be lessened on proposed site, or by use of alternate and/or additional sites.
c.
Demonstration that service cannot be provided without a monopole.
D.
Peer Review.
1.
The Director is explicitly authorized at his or her discretion to employ on behalf of the City an independent technical expert to review any technical materials submitted, including those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party, except as may be required by State law.
2.
Upon request, the application shall also include a deposit for a third-party peer review in an amount sufficient to cover the reasonable actual cost and the reasonable administrative fee for hiring an approved engineer to perform the work.
E.
The Director may require information concerning noise (i.e., noise analysis) that might be generated by equipment associated with a wireless telecommunication facility, if the physical circumstances of the proposed facility suggest that such noise may be detrimental.
(Ord. 731-10 § 2, 2010)
§ 18.114.130 Findings.
A.
All of the following findings are required for approval of any use permit, administrative use permit, site development review, or administrative site development review under this chapter:
1.
That the proposed project is consistent with the requirements of this chapter;
2.
That the proposed wireless telecommunication facility will not be readily visible, unless it is demonstrated that it is not technically feasible to incorporate additional measures that would make the facility not readily visible; and
3.
That the wireless telecommunication facility is necessary to prevent or fill a significant gap in coverage or capacity shortfall in the applicant's service area, and is the least intrusive means of doing so.
B.
The above findings must be based on substantial information in the record such as, technical analysis by an approved radio frequency engineer, calculations by a State-licensed structural engineer, or other evidence.
(Ord. 731-10 § 2, 2010)