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Waterford City Zoning Code

CHAPTER 17

50 WIRELESS COMMUNICATIONS FACILITIES

§ 17.50.010 Purpose.

This section is intended to establish development standards, in accordance with federal law and state rules and regulations, for antenna and wireless communication transmission (hereinafter called "wireless communication facilities") that:
A. 
Minimize the potential health, public safety and aesthetic impacts of such facilities on the community;
B. 
Regulate the placement and design of wireless communication facilities so as to preserve the unique visual character of the community;
C. 
Encourage the location of wireless communication facilities in industrial and commercial districts and generally discourage the location of such facilities in residential districts;
D. 
Provide for the managed development of wireless communication facilities in a manner that reasonably accommodates the needs of citizens and wireless communication service providers;
E. 
Locate such wireless communication facilities where they are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts; and
F. 
Protect landmark structures, historically significant structures, architecturally significant structures, landmark vistas or scenery, and view corridors from visually obtrusive wireless communication antennas and associated equipment.
(Ord. 2011-02 §1)

§ 17.50.020 Exemptions.

Each exempt facility shall fully comply with other applicable requirements of the municipal code to the extent not specifically exempted in this subsection, including but not limited to adopted building, electrical, plumbing, mechanical, and fire codes. The following wireless communication facilities are exempt from the standards of this section, except as noted in subsection B of this section:
A. 
Direct broadcast satellite antennas and multipoint distribution services antennas measuring one meter or less in diameter (or diagonal measurement); and
B. 
Television broadcast system antennas designed to receive only television broadcast signals;
C. 
Satellite earth station antennas designed to receive and/or transmit radio frequency signals directly to and/or from a satellite measuring two meters or less in diameter (or diagonal measurement);
D. 
Amateur Radio Antennas. Antennas and antenna structures constructed by or for FCC-licensed amateur radio operators that comply with the following provisions:
1. 
The antenna structure, when fully extended, measures thirty-five feet or less in height, and measures twenty-four inches or less in diameter or width,
2. 
The antenna boom measures twenty feet or less in length and is three inches or less in diameter,
3. 
No antenna element exceeds thirty-two feet in length or two inches in diameter or width, with the exception of mid-element tuning devices which shall not exceed six inches in diameter or width, and
4. 
The turning radius of any antenna does not exceed twenty-six feet;
E. 
Public communication facilities, including personal wireless services, used and maintained by the city, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use;
F. 
Private, noncommercial wireless communications facilities or systems contained entirely on-site for the purpose of serving the premises upon which the facility is located and having no potential visual, noise, thermal or radio frequency interference impacts to surrounding properties or the community;
G. 
Replacement of duly permitted facilities or equipment of a minor nature that does not increase the number or height of antennas or significantly expand the size or capacity of the equipment cabinet or ancillary related equipment;
H. 
Any facility specifically exempted from city regulation by the rules and regulations of the Federal Communications Commission (FCC) or the provisions of a permit issued by the California Public Utilities Commission.
(Ord. 2011-02 §1)

§ 17.50.030 Criteria for exempt facilities.

The following location and design standards shall apply to all wireless communication facilities that are exempt per Section 17.50.020:
A. 
An antenna may be installed on a lot in any zoning district.
B. 
No facility shall be located in a front or street-side yard.
C. 
No wireless communication facility may be located within ten feet of interior side and rear property lines; except if the antenna does not exceed six feet in height.
D. 
No antenna may exceed fifteen feet, as measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it; however, the planning director may approve mounting an antenna on the rear half of a roof if no other feasible location exists, and all other applicable criteria of Section 17.50.030 are met. The justification for rooftop mounting shall be submitted with an application for a zoning permit. If the antenna is located on property owned by the city of Waterford, and used primarily for emergency services communications, the height of the antenna may be permitted up to one hundred sixty feet.
E. 
The structural base of an antenna, including all bracing and appurtenances, but excluding the dish itself, shall be screened from public rights-of-way and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than four feet high, so that the base and support structure are not visible from beyond the boundaries of the site at a height of six feet or below.
F. 
All wires and/or cables necessary for operation of an antenna or reception of a signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna.
G. 
Highly reflective surfaces shall not be permitted. All satellite dish antennas that are not screened shall be painted with as unobtrusive a color as possible.
H. 
No more than one antenna shall be permitted per parcel unless approved by the planning director.
I. 
No signage of any kind shall be posted or displayed on a wireless communication facility.
(Ord. 2011-02 §1; Ord. 2016-06 §1)

§ 17.50.040 Permit required.

A use permit, in accordance with Chapter 17.75 shall be required for the installation of all wireless communication facilities in all districts. In addition, a design review permit shall be required per Chapter 17.52. Wireless communication facilities in planned community (PC) or specific plan (SP) zoning districts with residential uses shall be subject to the provisions of Section 17.50.080. All use permit applications shall include:
A. 
A written definition of the area of service desired for coverage or capacity.
B. 
Documentation showing that the proposed facility would provide the needed coverage or capacity.
C. 
A map showing all technically feasible alternative sites from which the desired coverage could also be provided, along with an analysis of the feasibility of those alternative sites that compares visual impact with that of the proposed project. At a minimum, this analysis shall identify the location of all existing monopoles within a quarter mile of the proposed site, provide an explanation of why co-location has not been proposed at each of these sites, and assess the potential for building-mounted alternatives.
D. 
Photo simulations of the proposed project.
E. 
Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC.
F. 
Design that proposes the smallest and least visible antennas possible that will reasonably accommodate the operator's objectives. The applicant shall disclose which antennas and support structures were evaluated and the process used to select the antenna and support structure.
(Ord. 2011-02 §1)

§ 17.50.050 Location criteria.

The following criteria shall apply to the siting and development of all new wireless communication facilities in order to mitigate any potential health, safety, urban design, neighborhood character or public access impacts:
A. 
Antennas attached to a roof shall maintain a 1:1 ratio for equipment setback (for example, a ten-foot-high antenna requires a ten-foot setback from façade) unless an alternative placement would reduce visual impact; be treated or screened to match mechanical equipment, stairs, elevator towers, or other background features and be camouflaged so that the antennas are not visible from a public right-of-way; and not be mounted in direct line with significant view corridors.
B. 
Facilities located within any "C" or "R" district shall not exceed a height of twelve feet above the maximum allowed height limit for the main building in the zoning district in which the facility is located.
C. 
Facilities shall not reduce existing parking on the site below the zoning district parking requirement.
D. 
When a monopole is adjacent to a residential use it must be set back from the nearest residential lot line a distance at least equal to its total height. In addition, it shall not exceed 1.5 feet in diameter at its base nor one foot at its top and the antennas shall not extend more than three feet from the center of the pole.
E. 
Co-location shall occur whenever reasonably feasible and aesthetically desirable. In order to facilitate future collocation of antennas for other service providers, the conditions of approval shall prohibit the applicant from entering into an exclusive lease for the use of the site. Co-location shall be discouraged when it will increase visual impacts. Service providers are encouraged to co-locate with other facilities such as water tanks, light standards and other utility structures where the collocation is found to minimize the overall visual impact. Co-location of an antenna on a nonconforming structure shall not be considered to be an expansion of the nonconforming structure.
F. 
Any service provider facilities that are developed on vacant sites shall be temporary. When such sites are developed, these facilities shall be removed. Such facilities may be replaced with building-mounted antennas or other types of appropriate facilities, subject to review and approval by the city in accordance with this section.
G. 
Site location and development shall preserve the preexisting character of the surrounding buildings and land uses, the neighborhood and the zoning district as much as possible. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized.
H. 
In determining whether to grant or deny approval for a wireless communications facility, the planning commission may require more stringent standards than the development standards of this chapter. The planning commission may attach such conditions as it considers necessary to ensure visual and land use compatibility with the surroundings so as to avoid adverse effects on the health, safety, and welfare of the community's residents, to protect existing vegetation, and to minimize the proliferation of such facilities.
(Ord. 2011-02 §1)

§ 17.50.060 Design review standards.

All wireless communication facilities, including but not limited to, equipment, antennas, poles, dishes, cabinets, structures, towers or other appurtenances shall employ a design that minimizes the visual impact by making use of the following or similar techniques:
A. 
The proposed facility shall be sited to be screened by existing development, topography or vegetation in such a way as to have the least visual impact possible taking into consideration all technically feasible alternatives.
B. 
The materials, textures and colors of new or remodeled structures shall be visually compatible with the predominant materials. Facilities shall have a non-reflective finish and shall be painted and/or textured to match the exterior of the building or background.
C. 
Mounting of facilities on the peaks of roofs or hilltops shall be avoided to the greatest extent possible and all other related equipment shall be screened or hidden from view. Additional new vegetation and its proper irrigation or other screening may be required as a condition of approval.
D. 
Antennas mounted on architecturally significant structures or significant details of a building should be covered by appropriate casing manufactured to match existing architectural features found on a building. Where feasible, antennas shall be placed directly above, below or incorporated into vertical design elements.
E. 
Equipment shelters or cabinets shall be placed underground to the greatest extent possible or screened from public view by using landscaping or materials and colors consistent with surrounding backdrop.
F. 
All wireless communication facilities and associated equipment must be regularly maintained.
G. 
Any exterior lighting shall be manually operated and used only during night maintenance or emergencies. The lighting shall be constructed, located, and oriented so that only the intended area is illuminated and off-site glare is eliminated.
H. 
All towers and antenna support structures shall be constructed in accordance with engineered plans and specification as required and approved by the city engineer.
(Ord. 2011-02 §1)

§ 17.50.070 Required findings.

To approve a use permit for a wireless communication facility, the planning commission must find that:
A. 
The proposed location of the project and the conditions under which it would be operated and maintained will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood or the general public, and will not be materially injurious to properties or improvements in the vicinity.
B. 
Development of the proposed facility as conditioned will not significantly affect any designated visual resources, environmentally sensitive resources, community character resources; or, that there are no other environmentally equivalent and/or superior and technically feasible alternatives to the proposed wireless communications facility as conditioned (including alternative locations and/or designs) with less visual and/or other resource impacts, and that the proposed facility has been modified by conditions and/or project design to adequately minimize and mitigate its visual and other resource impacts.
C. 
The proposed facility is in compliance with all FCC regulations.
D. 
The proposed location and design of the project and the conditions under which it would be operated or maintained will be consistent with all elements of the Waterford general plan, other pertinent city ordinances and with any specific plan or overlay district that has been adopted for the area.
E. 
The proposed project will complement and harmonize with the existing and proposed land uses in the vicinity and will be visually compatible with the physical design aspects including scale, height, materials, colors, and texture.
(Ord. 2011-02 §1)

§ 17.50.080 Additional findings for wireless communication facilities in R districts.

Wireless communication facilities are allowed in R districts only if the planning commission finds, in addition to all items in subsection F of this section, that:
A. 
In acknowledgement that an environmental determination has not been made regarding placement of a commercial facility in a residential zoning district, it has been disclosed in a required California Environmental Quality Act (CEQA) evaluation for the project that environmental impacts associated with the facility were determined to be less than significant.
B. 
The proposed antenna is located on a parcel with a nonresidential use.
C. 
The proposed antenna is located either:
1. 
More than thirty-five feet away from the nearest residential use; or at least one foot away from the nearest residential property line for every foot of monopole height, whichever is greater; or
2. 
More than twenty feet away from the nearest residential property line if the proposed antenna is mounted on an existing utility structure within a utility corridor.
(Ord. 2011-02 §1)