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Wireless Antenna Ordinance AN ORDINANCE OF THE CITY OF AMENDING SECTIONS AND 10- OF THE MUNICIPAL CODE RELATING TO WIRELESS COMMUNICATION FACILITIES The City Council of the City of does ordain as follows: Section 1. Findings. 1. At its , 20 scheduled meeting, the City Council directed staff to develop a comprehensive ordinance to regulate telecommunications facilities, satellite dishes, and other antenna installations in anticipation of the potential growth of the telecommunications industry. 2. The proposed ordinance is consistent with the goals and policies contained within the City of General Plan and provides standards to preserve the scenic and visual character of the city. 3. The proposed ordinance provides additional development standards to protect residential and scenic ridge line areas. 4. The proposed ordinance will allow for the orderly review of wireless communication facility applications in a consistent manner which is in compliance with federal laws. 5. A Negative Declaration was posted for this project on , 19 , which indicates that no significant environmental impacts are anticipated to be associated with the adoption of this ordinance. No comments were received during the 21day public review period. 6. On , 19 the Design Review Commission held a duly-noticed public hearing on this matter and made recommendations and comments on the proposed Wireless Communications Facilities Ordinance. 7. On , 19 the Planning Commission held a duly-noticed public hearing on this matter and recommended that the City Council approve the draft Wireless Communications Facilities Ordinance with revisions which were incorporated into the document. 8. On , 19 the City Council held a public hearing to consider adoption of the proposed Wireless Communications Facilities Ordinance and receive public testimony. 9. The City Council has considered the Negative Declaration together with all comments received during the public review process. The City Council finds that on the basis of the Initial Study and any public comments received that there is no substantial evidence that the project will have a significant effect on the environment. Section 2. Decision. 1. The City Council hereby approves the Negative Declaration. 2. Municipal Code Section Definitions is hereby amended to amend the definition of Antenna and Antenna, Amateur Radio (Section ) and add the following definitions: 14. Antenna: Any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to radio waves and microwaves. 15. Antenna, Amateur Radio: A ground-, building-, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC). 16. Antenna, Building mounted: An antenna, mounted to a building or rooftop equipment screen, that transmits or receives electromagnetic signals. 17. Antenna, Direct Broadcast Satellite Service (DBS): An antenna, usually a small home receiving dish, designed to receive direct broadcast from a satellite. 18. Antenna, Ground-Mounted (not amended) 19. Antenna, Multipoint Distribution Services (MDS): An antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services. 20. Antenna, Reception Window (not amended) 21. Antenna, Satellite (not amended) 22. Antenna, Satellite Earth Station: An antenna designed to receive and/or transmit radio frequency signals directly to and/or from a satellite. 23. Antenna, Television Broadcast Service (TVBS): An antenna designed to receive only television broadcast signals. 24. Antenna Structure: An antenna array and its associated support structure, such as a mast or tower, (but not to include a suspended simple wire antenna), that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves. 25. Antenna Structure, Freestanding: An antenna structure or mast that is not attached to a building, fence or other such structure. Freestanding antenna structures include communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds 17 feet it shall be treated as a Monopole. 26. Antenna Structure, Monopole: An antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood which is at least 17 feet in height. 27 – 39 (Not amended) 40. Co-location: The location of two or more wireless communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communication facilities with other facilities such as water tanks, light standards, and other utility facilities and structures. 41.-53. (Not amended) 54. Equipment Cabinet: A cabinet or structure used to house equipment associated with a wireless communication facility. 89. Monopole: See Antenna Structure, Monopole 90. - 110. (Not amended) 111. Related Equipment: All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit and connectors. 112. - 116. (Not amended) 117. Service Provider: Any authorized provider of wireless communication services. 118. - 139. (Not amended) 140. Wireless Communication Facilities: A facility that transmits and/or receives electromagnetic signals, including antennas, monopole and/or accessory structures and related equipment. 141. Wireless Communication Facility - Co-located: A wireless communication facility comprised of a single telecommunication tower or building supporting one or more antennas or similar devices owned or used by more than one public or private entity. Section 3. Section of the Municipal Code is amended to read as follows: Section . Wireless Communication Facilities.A. Purpose and Intent. The purpose and intent of this section is to establish development standards to regulate the placement and design of wireless communication transmission facilities so as to preserve the visual character of the City; to establish development standards which are consistent with federal law related to the development of wireless communication transmission facilities; to acknowledge the community benefit associated with the provision of wireless communication services within the City and to provide incentives for well designed and well placed facilities; and, to pursue additional benefit from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of wireless communication facilities. B. Exemptions. The following wireless communication facilities shall be exempt from the requirements of this section and will not require Design Review Approval pursuant to Section et. seq. or a conditional use permit pursuant to Sec. et. seq.: 1. A wireless communication facility shall be exempt from the provisions of this section if and to the extent that a permit issued by the Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provides the antenna is exempt from local regulation. 2. Direct Broadcast Satellite (DBS) antennas and Multipoint Distribution Services (MDS) antennas which are 1 meter or less in diameter or diagonal measurement and Television Broadcast Service (TVBS) antennas so long as they are located entirely on-site and are not located within the required front yard setback area. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in accidental tripping hazards if located adjacent to a street or other public right of way. Wireless communications facilities which are exempted in this provision shall also not require approval of a building permit. 3. Satellite Earth Station (SES) antennas which are two meters or less in diameter or in diagonal measurement located in a Commercial or Industrial zoning district. However, such antennas shall require building permit approval and review of placement by the Planning Division to ensure maximum safety is maintained. In order to avoid the creation of an attractive nuisance, reduce accidental tripping hazards and maximize stability of the structure, such antennas shall be placed whenever possible on the top of buildings and as far away as possible from the edges of rooftops. 4. Amateur Radio Antenna structures which meet the following standards shall be exempt from regulation under this section. However, such antennas shall require building permit approval and review of placement by the Planning Division to ensure maximum safety is maintained a. No antenna structure, when fully extended, shall exceed forty-five (45) feet in height from grade level. b. The antenna support structure shall not exceed a width or diameter of twenty-four (24) inches. c. No portion of the antenna shall overhang any property line. d. No antenna boom shall exceed twenty (20) feet in length. No antenna element shall exceed thirty-two (32) feet in length. The diameter of any boom shall not exceed three (3) inches and the diameter of any antenna element shall not exceed two (2) inches; or, The turning radius of any antenna shall not exceed twenty-six (26) feet. C. Review and Approval. 1. Type of Approval Required. No wireless communication facility shall be permitted unless it is first approved as follows: a. Conditional Use Permit. The following wireless communication facilities require approval of a conditional use permit: (I) wireless communications facilities located in or within 600 feet of a Residential Zoning District (as defined in Section ); (ii) wireless communications facilities located within the Open Space/Recreation Zoning District; (iii) any monopole; and (iv) an Amateur Radio Antenna structure which, when fully extended, exceeds sixty (60) feet in height. b. Design Review Approval. The following wireless communications facilities require Design Review approval: (I) wireless communications facilities located anywhere other than in or within 600 feet of a Residential Zoning District or the Open Space/Recreation zoning district; (ii) any monopole; and (iii) an Amateur Radio Antenna structure which, when fully extended, is between forty-five (45) and sixty (60) feet in height or less, and which have a turning radius which does not exceed twenty-six (26) feet. c. Building Permit. All proposed wireless communications facilities, with the exception of those facilities exempted in B.2. of this ordinance, shall require approval of a building permit. 2. Application. In addition to the other general requirements for an application, an application for a wireless communications facility shall include the following information: a. A site map showing all current and planned wireless communications facility sites within and adjacent to the City which will be used by the applicant and/or site user may be required. Staff may agree to return this map to the applicant if it contains proprietary information. b. Documentation demonstrating that use of the site will not result in levels of radio frequency (RF) emissions which will exceed Federal Communication Commission standards. Such documentation shall not be required for Amateur Radio Antenna structures or for antennas installed for home entertainment purposes. c. A description of all audible noise-generating equipment, including the times and decibel levels of the noise which will be produced. d. Any proposed access roads or parking areas which will be necessary to either construct or maintain the facility. 3. Retention of Consultant. The Community Development Director may utilize an outside consultant at the applicant's sole expense to review the application and make determinations and recommendations on issues including, but not limited to, the following: (a) Compliance with radio frequency emission standards; (b) The appropriateness of granting exceptions to the development standards of subsection D below; © The identification of alternative solutions when the Community Development Director believes that the proposed facilities may create a significant impact to the surrounding area; or (d) Proposals for the installation of new monopoles. 4. Review of Application. a. Conditional Use Permit. An application for a conditional use permit required under Subsection C.1.a. above shall be reviewed pursuant to Section et seq. The Planning Commission shall approve a conditional use permit only upon making the additional finding that all applicable Development Standards in Subsection D below have been met. The Planning Commission may grant an exception to the Development Standards in Subsection D below upon finding that strict compliance would not provide for adequate electromagnetic signal reception and that no other alternative solutions which would meet the Development Standards are feasible. b. Design Review Approval. An application for Design Review approval required under Subsection C.1.b. above shall be reviewed pursuant to Section et seq. The Design Review Commission shall approve a proposal only upon making the additional finding that all applicable Development Standards in Subsection D below have been met. The Design Review Commission may grant an exception to the Development Standards in Subsection D below upon finding that strict compliance would not provide for adequate electromagnetic signal reception and that no other alternative solutions which would meet the Development Standards are feasible. The Design Review Commission may delegate its authority under this section to the Community Development Director, in which case approval may still only be granted after giving 10- days notice to property owners within a 300-foot radius of the site.5. Length of Permit/Discontinuance of Use. All permit approvals for wireless communication facilities shall be valid for an initial maximum period of ten years. The permit approvals may be administratively extended for subsequent ten year terms by the Community Development Director upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other provisions provided for in the Municipal Code which is in effect at the time of permit renewal. All equipment associated with a wireless communication facility shall be removed within 30 days of the discontinuation of the use and the site shall be restored to its original preconstruction condition. In addition, the service provider shall provide the Community Development Department with a notice of intent to vacate the site a minimum of 30 days prior to the vacation. For facilities located on City property, this removal requirement shall be included within the terms of the lease. For facilities located on other sites, since the private property owner shall be ultimately responsible for removal of the equipment, the terms of private leases are encouraged to include the equipment removal as a provision of the lease. D. Development Standards. All new wireless communication facilities shall meet the following general development standards as well as all of the following applicable development standards. 1. General Development Standards. The following development standards shall be met by all new wireless communication facilities: a. Any applicable General Plan Goals, Objectives, Programs and Policies, Specific Plan, Planned Development standards, Design Guidelines, and the permit requirements of any agencies which have jurisdiction over the project; b. All requirements established by the Municipal Code and Zoning Ordinance that are not in conflict with the requirements contained in this ordinance; c. The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable; d. Any applicable easements or similar restrictions on the subject property, including adopted PD standards; e. All wireless communications facilities shall comply at all times with all FCC rules, regulations, and standards; f. Sufficient anti-climbing measures shall be incorporated into the facility, as needed, to reduce the potential for trespass and injury. g. Building mounted antenna are preferred over free-standing antenna structures, provided that the facility adheres to Zoning Ordinance height restrictions. h. To minimize overall visual impact, new wireless communication facilities shall be co-located with existing facilities and with other planned new facilities whenever feasible and aesthetically desirable. In addition, where feasible and aesthetically desirable, service providers are encouraged to co-locate antennas with other facilities such as water tanks, light standards, and other utility structures where the co-location is found to minimize the overall visual impact. To facilitate co-location when deemed appropriate, conditions of approval for conditional use permits shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where found to be feasible and aesthetically desirable. The applicant shall agree to allow future co-location of additional antennas and shall not enter into an exclusive lease for the use of the site. i. All equipment, antennas, poles or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. Antennas which will be viewed primarily against the skyline (such as Awhip@ or Astick@ antennas) shall be painted light gray or light blue or other approved color. j. Where feasible, the location of wireless communication facilities shall be encouraged to be located on City-owned or controlled property or right-of-way. k. Wireless communication facilities shall avoid any unreasonable interference with views from neighboring properties. l. Development of wireless communication facilities on vacant sites shall be temporary. When the site is developed, these facilities will be removed and replaced with building mounted antennas. m. All wireless communication facilities shall be either (I) substantially screened from the view of surrounding properties and the public view or co-located with existing facilities or structures so as not to create substantial visual, noise or thermal impacts; (ii) sited within areas with substantial screening by existing vegetation; and/or (iii) designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be effectively unnoticeable. 2. Development Standards for Building Mounted Antennas. In addition to all other applicable development standards, wireless communication facilities proposed to be mounted or attached onto existing buildings shall comply with the following: a. Building mounted antennas and any ancillary equipment should be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. Screening may include designs such as locating the facility within attics, steeples, towers, behind and below parapets, or concealed within a new architectural addition to a building or structure which is architecturally compatible with the building. b. When viewed directly against a building wall, colors and materials of the antennas should match the existing building. c. Roof mounted equipment and antennas shall be located as far away as feasible and aesthetically desirable from the edge of the building. Antennas attached to the building shall be painted or otherwise treated to match the exterior of the building or the antenna's background color. d. Building mounted antenna and any ancillary equipment should avoid any unreasonable interference with views from neighboring properties. 3. Development Standards for Monopoles. In addition to all other applicable development standards, Monopoles proposed in any zoning district shall comply with the following: a. The applicant shall reasonably demonstrate that the proposed facility cannot be placed on an existing building or co-located on an existing monopole. An independent third party review, at the expense of the applicant, may be required to confirm the electromagnetic frequency needs of the applicant and identify alternative solutions. b. No portion of a monopole shall be located in the required front yard setback and/or in front of the main structure; or in the required street side yard of a corner lot, and/or along major street frontages where it will be readily visible. c. The maximum height of the proposed monopole shall be no higher than 12 feet above the main structure's height limit of the zoning district within which the facility is located. d. Where the zoning district does not specify a height limit, the proposed monopole shall not exceed a height of 60 feet. e. No more than one monopole shall be located on any residentially zoned lot. f. Substantial landscaping or other screening shall be provided where it is necessary to visually buffer adjoining uses. g. No portion of guy wires or support structures shall overhang any property line. h. The monopole facility shall be designed to allow co-location of additional antennas, if deemed desirable by the Planning Commission. 4. Development Standards for Major Ridge Areas. In addition to all other applicable development standards, wireless communication facilities proposed to be located within an identified Major Ridge area as defined by the City of General Plan shall comply with the following: 1. No wireless communication facility shall be located within 100 vertical feet of a identified Major Ridge unless an exception is granted. An exception may be granted only if either of the following findings can be made: a. Due to the specific location and design of the proposed facility, the facility will not be visible from surrounding properties or public view, or b. Due to existing development or existing vegetation at the site, the proposed facility will be substantially screened from the view of surrounding properties and public view and will not result in an adverse visual impact. 2. Special design considerations, such as designing facilities to appear as natural features found in the immediate area, such as trees or rocks, may be considered when approving facilities within Major Ridge areas. Section 4. Interim Urgency Ordinance No. regulating antennas is hereby repealed. For further information, please contact planner on duty, . Directory