_ CDD 25 21 80 Wireless Communication Fac
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Section 25-21-80 Wireless Communication Facilities (a) Definitions. For the purposes of this section, the following terms and phrases have the meaning ascribed to them in this subsection. "Antenna" means any system of wires, poles, rods, discs or other similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure. "Base station" means the power supplies, electronic equipment housed in cabinets and antennas at an existing wireless tower site that together comprise a wireless tower. "Co-location" means the practice of sharing support structures and buildings by wireless telecommunications providers (either public or private). “Concealed from view” means a tower or support structure, ancillary facility, or equipment compound that is not readily identifiable as such, and is designed to be aesthetically compatible with existing and proposed building(s) and uses on a site. Concealed facilities may be attached or freestanding. A concealed attached facility may include, but is not limited to, the following: faux windows, dormers or other architectural features that blend with an existing or proposed building or facility. Freestanding concealed antenna support facilities may have a secondary, function which may be, but is not limited to, the following: church steeple, windmill, bell tower or support structure, clock tower or support structure, light standard, or flagpole. "Development permit" means a permit issued pursuant to compliance with applicable federal and state law(s) and this code. The issuance of the permit consists of a ministerial decision. A ministerial decision involves only the use of fixed standards or objective measurements, where the public official cannot use personal subjective judgment in deciding whether or how the project should be carried out. "Discretionary permit" means a permit that requires the approval of the zoning administrator, planning commission or city council prior to the issuance of a development permit. A discretionary permit includes public notification of the public hearing by the decision making body regarding the project, and often the approving or certifying of an environmental assessment for the project during the meeting. “Flush mounted” means any antenna or wireless communication antenna array attached directly to the face of the support facility or building such that the antenna extends a minimal distance of eighteen (18) inches beyond the width of the support facility or building. Where a maximum flush-mounting distance is given, that distance shall be measured from the outside edge of the support facility or building to the inside edge of the antenna. “Historic resource” is a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources and/or including the local register of historical resources. A “potentially historic resource” is a resource associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; is associated with the lives of persons important in our past; embodies the distinctive characteristics of a type, period, region, or method of construction, or 82093.00006\8821964.1 1 represents the work of an important creative individual, or possesses high artistic values; or has yielded, or may be likely to yield, information important in prehistory or history. A site specific historic evaluation may be necessary to determine historic significance. "Lattice tower" means a three or more legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances. "Monopole" means a structure of single pole (non-lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances. "Stealthing" means improvements or treatments added to an improvement which mask or blend the proposed improvement into the existing structure or visual backdrop in such a manner as to render the improvement minimally visible to the casual observer. "Wireless telecommunications facility" or "telecommunications facility" means any structure, antenna, pole, equipment and related improvements which support the wireless telecommunications industry in the transmission and/or reception of electromagnetic signals. "Wireless tower" means any structure built for the sole or primary purpose of supporting antennas and their associated facilities used to provide services licensed by the FCC, including a lattice tower and monopole. A water tower, utility tower, street light, or other structure built primarily for a purpose other than supporting services licensed by the FCC, including any structure installed pursuant to California Public Utilities Code Section 7901, is not a wireless tower for purposes of this definition. (b) Overview. The following outlines the development permitting process as it applies to facilities described herein. Wireless telecommunications facilities which are generally considered to have minimal impacts or which are exempt from local review by state or federal statutes have been classified as exempt under this section and are not regulated when in compliance with the development standards set forth herein. Other wireless telecommunications facilities which have the potential to create impacts have been categorized to allow for additional review. Unless listed below as exempt or prohibited, no wireless telecommunications facility shall be constructed without first undergoing the specific review process and obtaining the prescribed approval as set forth below. (1) Prohibited Telecommunications Facilities. The following telecommunications facilities shall be prohibited: (A) Public carrier telecommunications facilities located within designated habitat areas and habitat restoration areas. The city shall make available for public review a map identifying any such areas. (B) More than one monopole or tower within one thousand feet of any other existing monopole or lattice tower(s), unless visual impacts are negligible and the applicant can demonstrate that the site is a technical necessity to meet demands of the geographic service area and the applicant's city-wide network. 82093.00006\8821964.1 2 (2) (C) Telecommunications facilities where the combined electromagnetic frequency radiation (EMF) exceeds the state or federal standard. (D) Telecommunication facilities within urban reserve areas or undesignated planning areas or within areas zoned or designated on the general plan land use map for residential uses or on sites containing existing or planned public or private school facilities; or within five hundred feet of areas so designated or zoned, except as follows: (i) Areas zoned commercial, subject to conditional use permit review procedures and a determination that all aspects of the proposed facility, including support facilities, are completely concealed (i.e. completely incorporated into the site architecture or designed in a manner that is not identifiable as a wireless facility by the casual observer – this exception does not provide for monopines or similarly “stealthed” facilities) from view and remain at least one hundred feet from areas zoned or designated on the general plan land use map for residential uses or on sites containing existing or planned public or private school facilities. (ii) Telecommunications facilities located on public or private school sites, supported and/or initiated by the applicable school district or governing entity, subject to the review procedures as set forth in subsection (b)(3) Director Review, or subsection (b)(5) Conditional Use Permit, are satisfied and provided the facilities meet the location and design standards set forth in this section, except historic properties and sensitive habitat areas. (iii) Telecommunications facilities within the public right of way (PROW) or on city-owned property (including parks), provided the applicant procedures set forth in subsection (b)(3) Director Review, or subsection (b)(5) Conditional Use Permit, are satisfied and provided the facilities meet the location and design standards set forth in this section, except historic properties and sensitive habitat areas. Compliance Review. The following facilities are exempt from discretionary review under this section, subject to minor design review to ensure compliance with development requirements set forth below: (A) Interior and exterior facilities accessory to the residential use of the site including television antennas, satellite dishes, and amateur radio facilities meeting all requirements set forth below: (i) No more than one satellite dish exceeding thirty-six inches in diameter per parcel. (ii) Satellite dishes shall not extend above the peak of the roof or parapet. (iii) Antennas shall meet applicable height requirements. 82093.00006\8821964.1 3 (iv) (B) (C) (D) Antennas and dishes shall meet applicable setback requirements. Flush-mounted panel antennas in industrial zones which meet the following standards: (i) The lowest part of the panel shall be at least twenty feet above grade. (ii) The panel and connections shall not project out more than eighteen (18) inches from the building surface it is mounted to. (iii) Panels, connections, and supports shall be treated to match the color scheme of the building. (iv) Panels and connections shall not project above the mounting facade. (v) The structure is not a historic site or a potentially historic resource. (vi) Ground-mounted support equipment cabinets or buildings shall be screened. The specific design is subject to city review based on a visual analysis of the particular site and may require fencing, walls, landscaping or both. (vii) Exterior electrical lines serving the equipment cabinet or building shall be undergrounded. (viii) The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. Telecommunications facilities, including support facilities, concealed from public view (i.e. not visible) or fully integrated into the site architecture of nonresidential structures to be constructed or renovated. (i) The structure is not a historic site or a potentially historic resource. (ii) The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. Public safety facilities including transmitters, repeaters and remote cameras. Public safety facilities are to be located, preferably, on existing public structures such as buildings, towers, bridges and light poles and shall be treated to match the supporting structure. 82093.00006\8821964.1 4 (E) Telecommunications facilities accessory to other public equipment for data acquisition such as irrigation controls, well monitoring, and traffic signal controls. (F) Facilities erected and operated for emergency situations. Emergency facilities shall be removed at the conclusion of the emergency or shall be replaced by public safety facilities. (G) Mobile facilities when placed on a site for less than twenty-four consecutive hours. (H) Facilities specifically exempted under federal or state law including work subject to PL 112-96, § 6409, as follows: (i) The modification of an existing wireless tower or base station for the co-location of new transmission equipment or removal or replacement of existing transmission equipment, provided that such modification does not substantially change the physical dimensions of such tower or base station from the dimensions approved as part of the existing use permit for such tower or base station. (ii) For purposes of this subsection, “substantially change the physical dimensions” means any of the following, and refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the initial approval for the tower or base station that cumulatively have any of the effects described below: (a) Changing any physical dimension of the wireless tower or base station in a manner that creates a safety hazard, whether from wind loading, stress on the wireless tower, or in any other manner. (b) Changing the physical dimension of a stealthed wireless tower, where the changes would be inconsistent with the design of the stealthed wireless tower, or make the wireless tower more visible. (c) Changing the physical dimensions would require work that would intrude upon the public right-of-way, or any environmentally sensitive area. (d) Increasing by more than 10% any of the following: the height or width in any direction of the wireless tower, or the area required for structures required to support the wireless tower, such as guy wires as approved and constructed through the discretionary permit process; provided that in no event shall the height exceed the maximum height permitted under the city's regulations. 82093.00006\8821964.1 5 (iii) (e) Increasing by more than 10% any of: the height or area encompassed within any structure or object enclosing the wireless tower, such as a fence or line of bushes. (f) Increasing any of an existing antenna array’s depth, circumference or horizontal radius from the wireless tower in any direction by more than 10%. (g) Adding more than two antenna arrays to an existing wireless tower, or adding antenna arrays that, if the array were an existing array, would be of such depth, circumference or radius as to fall outside of paragraph (f), unless such arrays were approved under subsection (b)(3)(A) or (E). (h) The mounting of the new or replacement transmission equipment would involve installing new equipment cabinet(s) not permitted under the initial approval and that will not fit within the existing enclosure for the wireless tower or base station or would require installation of a new cabinet or enclosure, excluding new equipment and cabinets that will be installed underground. Additional application information. Any application for a wireless telecommunications facility under this subsection (b)(2)(H) shall include: (a) A signed statement by a certified engineer, licensed and qualified in California, attesting that the work that will be performed will not trigger discretionary review under this subsection. Such statement shall be submitted in addition to all other application information required under this section. (b) A detailed description of the proposed modifications to the existing facility. (c) A photograph or description of the wireless tower or base station as originally constructed, if available, and, a photograph of the existing wireless tower or base station, and a graphic depiction of the wireless tower or base station after modification, showing all relevant dimensions. (d) A description of all construction that will be performed in connection with the proposed modification Nothing in this section prevents the city from imposing such other conditions on the grant of the permit consistent with obligations imposed with respect to the initial installation or with respect to facilities similar 82093.00006\8821964.1 6 to those proposed by application. Any facility installed under this subsection shall require a development permit. (3) Director Review. The following telecommunications facilities shall be subject to review by the Community Development Director, or designee, including Design and Site Plan Review, provided they meet the development requirements set forth below and meet the location and design standards set forth in subsection (c), Location and Design Standards for Non-Exempt Facilities. Facilities that fail to meet the development requirements as set forth below shall be elevated to the review procedures as set forth in subsection (b)(4), Zoning Administrator Review, or, at the discretion of the Director, may be elevated to the review procedures as set forth in subsection (b)(5), Conditional Use Permit. (A) Modification of an existing wireless tower or base station for the colocation of new transmission equipment or removal or replacement of existing transmission equipment provided the following standards are complied with: (i) The telecommunications facility has been constructed and is operating in accordance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. (ii) The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. (iii) The new array does not increase, by more than 15 percent any of the following: height or width in any direction of the wireless tower, or the area required for structures required to support the wireless tower, such as guy wires as approved and constructed through the discretionary permit process; provided that in no event shall the height exceed the maximum height permitted under the city's regulations. (iv) The new array does not increase, by more than 15 percent any of the following: the height or area encompassed within any structure or object enclosing the wireless tower, such as a fence or line of bushes. (v) The new array does not increase, by more than 15 percent, the existing antenna array’s depth, circumference or horizontal radius from the wireless tower in any direction. (vi) The panel array is the second or third grouping on the structure containing the existing telecommunications facility. (vii) A microwave dish greater than thirty-six inches in diameter is not being proposed as part of the array. 82093.00006\8821964.1 7 (B) (C) (viii) The combined EMF for all arrays does not exceed applicable state or federal standards. (ix) The new array will meet the conditions of any existing use permit. (x) The new array does not require major modifications to the structure containing the existing telecommunications facility. (xi) Ground-mounted equipment shall be screened from public view. The specific design is subject to city review based on a visual analysis of the particular site and may require fencing, landscaping or both. (xii) The telecommunications facility is not subject to PL 112-96, § 6409. Any mobile antenna when placed on a site for more than twenty-four hours but less than thirty days, which meets the following standards: (i) Antenna vehicle/trailer shall be located only on an improved surface. (ii) Parking and access for support personnel shall be on an improved surface. (iii) Day and night safety marking shall be provided. (iv) The antenna vehicle/trailer and support parking shall not be located within a public right-of-way. Roof mounted facilities on nonresidential structures that are not entirely concealed from public view, which meet the following standards: (i) The facility and related equipment shall be screened from view or architecturally integrated into the building design so that only support brackets and panels are visible from the opposite side of the right-of-way in front of the building. (ii) Panels shall match the color scheme of the building facade. (iii) Ground-mounted equipment cabinets/buildings shall be screened from public view. The specific design is subject to city review based on a visual analysis of the particular site and may require fencing, landscaping or both. (iv) Shall not exceed the allowable height limit for the zone. (v) The structure is not a designated historic site or a potentially historic resource. 82093.00006\8821964.1 8 (vi) (D) (E) The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. Flush-mounted antennas in commercial zones, which meet the following standards: (i) Placement of the panel shall not interfere with or encroach upon vehicular or pedestrian accessways. (ii) The panel and connections shall not project out more than eighteen inches from the building surface it is mounted to. (iii) Panels, connections, and supports shall be treated to match the color scheme of the building. (iv) The structure is not a designated historic site or a potentially historic resource. (v) Ground-mounted support equipment cabinets or buildings shall be adequately screened. The specific design is subject to city review based on a visual analysis of the particular site and may require fencing, landscaping or both. (vi) Exterior electrical lines serving the equipment cabinet or building shall be undergrounded. (vii) Panels shall not protrude above the roofline. (viii) The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. Antenna arrays mounted on existing billboards, water towers and other similarly scaled structures. (i) Placement of the new array shall not exceed applicable height requirements. (ii) The proposed array fits within the three dimensional envelope of the existing structure to with the array will be attached. (iii) The new array does not require substantial modifications to the existing structure to which the array will be attached. (iv) The original structure was erected and is operated in accordance with the conditions of the original use permit. 82093.00006\8821964.1 9 (F) (v) The co-location request does not include microwave transmitters exceeding thirty-six inches in diameter. (vi) The combined EMR for all arrays does not exceed state or federal standards. (vii) May be subject to annual review as provided for herein. Telecommunications facilities, excluding towers, on publicly owned or publicly utilized lands (including City owned land such as parks, general facilities, and utility apparatus) or on existing utility, signal or lighting structures within the public right-of-way, easement, or city owned land which meet the following standards: (i) Facilities shall meet the requirements of subsection (c), Location and Design Standards for Non-Exempt Facilities except as follows: (a) Low power facilities to meet the needs of the immediate neighborhood may be proposed on existing light towers in public parks. (ii) Antennas placed on signal or street light poles shall not exceed two feet in length or six inches in diameter. (iii) Permits for telecommunication facilities proposed in the PROW shall be issued in a manner consistent with applicable law regarding the physical use and occupation of the PROW and only to applicants who have met all the conditions and requirements of this section and who establish a right to enter the PROW. The applicant must state the basis for its claimed right to enter the PROW, subject to independent confirmation by the city. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN. If the applicant is asserting a right to enter the PROW to close a significant gap in coverage, it shall provide evidence of the coverage gap and evidence that the site selected is the least intrusive means of closing that gap. (iv) Antennas and all support equipment shall be treated to match the supporting structure. (v) Telecommunication facility installations located above the surface grade in the PROW including, but not limited to, those on streetlights, traffic signal standards, or joint utility poles, shall consist of small equipment components that are compatible in scale and proportion to the structures they are mounted on and compatible with the neighborhood in which they are located. Antennas should generally be located on existing structures, such as street light poles or joint utility poles, and be visually 82093.00006\8821964.1 10 compatible with the existing structure and surroundings. All equipment, including antennas, shall be the smallest and least visually intrusive equipment feasible. Equipment shall be painted or otherwise coated to be visually compatible with the support structure and shall be subject to the issuance of a license or other special form or written agreement with the city. (4) (vi) Proposals for telecommunication facilities shall not exceed forty feet in height. This standard may be modified upon finding that cumulative visual impacts are not significant and that the telecommunication facility is necessary to provide services not possible with location on an existing tower or structure in the service area. Independent review of the request, at the applicant’s cost, may be required by the Community Development Director. (vii) Accessory equipment, excluding required electrical meters, shall be placed in an underground vault or entirely within the proposed pole. However, applications proposing to place accessory equipment within the pole, instead of underground vaults, shall be subject to design review and approval. If it is determined that the proposed telecommunication facility with accessory equipment in the pole is not acceptable, accessory equipment shall be placed in an underground vault. Factors that may be consider in evaluating whether to permit placement of accessory equipment within the pole instead of in an underground vault are aesthetics, such as whether placing equipment in the pole would result in a larger, more visually obtrusive telecommunication facility, and public safety, such as whether the proposed facility would visually obstruct pedestrian, bicycle, or vehicular traffic. An applicant contesting undergrounding bears the burden of establishing that undergrounding is not feasible. If it is determined that undergrounding is not feasible, such accessory equipment shall comply with all applicable laws and regulations and shall be visually screened or camouflaged. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and landscape architecture of the surroundings. (viii) Telecommunication facilities in the PROW or on city-owned property in or within five hundred feet of residential, school, or mixed use zones shall be subject to the review procedures as set forth in subsection (b)(5) Conditional Use Permit. (ix) The city retains the right to deny an application for this type of telecommunication facility based on aesthetic or land use impacts. Zoning Administrator Review. The following telecommunications facilities shall be reviewed in accordance with Article 31, Zoning Administrator Approval, 82093.00006\8821964.1 11 provided they meet the development requirements set forth below and meet the location and design standards set forth in subsection (c), Location and Design Standards for Non-Exempt Facilities. Facilities that fail to meet the development requirements as set forth below shall be elevated to the review procedures as set forth in subsection (b)(5), Conditional Use Permit. (A) Replacement of previously approved towers not authorized under the provisions of the existing permit, provided that such modification does not substantially change (by more than 10 percent) the physical dimensions of such tower or base station from the dimensions approved as part of the existing use permit for such tower or base station consistent with subsection (b)(2)(H)(ii) definition of “substantial change” (unless otherwise exempt from discretionary review pursuant to subsection (b)(2)(H) Work subject to PL 112-96, § 6409). (i) (B) Additions and/or expansions of legal nonconforming uses, including colocations, which do not meet the criteria for exempt facilities under subsection (b)(2)(H) Work subject to PL 112-96, § 6409). At the discretion of the Zoning Administrator, such applications may be elevated to the Planning Commission for review and approval. (i) (5) The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. Conditional Use Permit. The following telecommunications facilities shall be reviewed in accordance with Article 27 Conditional Use Permit approval, provided they meet the development requirements set forth below and meet the location and design standards set forth in subsection (c), Location and Design Standards for Non-Exempt Facilities. (A) Telecommunications facilities within historic districts, on sites or buildings designated historic or potentially historic resources. (i) A site specific historic evaluation may be required by the City and shall be paid for by the applicant if the proposed project site or building is over fifty years old. (ii) The facility must comply with the applicable development regulations of the land use zone and all other applicable regulations pertaining to the preservation of historical sites. (iii) Construction of the facility must not result in a reduction in required parking provided on the site. 82093.00006\8821964.1 12 (iv) The facility must be concealed from public view or integrated into the site architecture so as not to be noticed or identified as a telecommunication facility by the casual observer. (v) Must be reviewed by applicable historical preservation commission prior to final action by city. (vi) Limited to building mounted facilities. (B) Wireless telecommunications facilities on publicly owned lands not otherwise subject to local land use zoning, but lying within the local jurisdiction, when the wireless telecommunications facility is not solely maintained or operated for the primary public use of the site. (C) Monopole facilities, single carrier wireless towers, and lattice tower in any non-residentially zoned area, subject to the following standards: (i) Shall be subject to periodic review as identified herein. (ii) Monopoles and lattice towers shall be located and designed to minimize visual impacts. Towers located in high visibility locations shall incorporate “stealth” design techniques to camouflage the tower to the maximum extent feasible as art/sculpture, clock tower, flag pole, tree or any other appropriate and compatible visual form. (iii) Monopoles and lattice towers shall be located on the rear half of the parcel, unless aesthetic benefit is achieved through an alternative location, as determined by the planning commission. (iv) New private monopoles and lattice towers shall not be located in any land developed or zoned for any residential and/or school zone/use, pursuant to subsection (b)(5) Prohibited Telecommunication Facilities. (v) Monopoles and lattice towers shall generally not be permitted within one thousand feet of an existing tower or facility. This standard may be modified upon finding by the planning commission that cumulative visual impacts are not significant and that the tower is necessary to provide services not possible with co-location on an existing tower or structure in the service area. Independent review of the request, at the applicant’s cost, may be required by the planning commission. (vi) Monopoles and lattice towers shall be designed at the minimum functional height. Tower height shall generally not exceed the maximum height for buildings in the zoning district in which it is located by more than twelve feet. This standard may be modified upon a finding by the planning commission that cumulative visual impacts are not significant and that the height is necessary to provide services not possible with a tower meeting the height 82093.00006\8821964.1 13 standard. Independent review of the request, at the applicant’s cost, may be required by the community development director. If no maximum building height is established in this chapter, the height of the tower shall be reviewed for the visual impact on the surrounding land uses and the community. (D) (vii) As a condition of approval for all monopoles and lattice towers, the applicant shall provide the city with a written commitment that it will allow other service providers to co-locate antennas on towers where technically and economically feasible. Support structures and site area for telecommunication facilities shall be designed and of adequate size to allow at least one additional service provider to co-locate on the structure, including sufficient area available for ground mounted equipment. (viii) Ground-mounted equipment shall be under ground or screened from public view, including, but not limited to decorative fencing and/or landscaping. If the planning commission determines that screening is not adequate, it may require that equipment be placed underground. (ix) Parking and access shall be on an improved surface, subject to review and approval by the planning commission. (x) The project site (the parcel on which the facility or lease area is located) is operating in compliance with all prior approvals including approved landscape plans, site plan and design review approvals, and/or conditions of existing use permit. Towers located on property owned, leased, or otherwise controlled by the City (or wireless facilities on publicly/city owned property or PROW within 500 feet of residential/school buffer) provided prior written acknowledgement and pre-authorization for such antenna or tower is approved by the City. (i) (E) Shall be subject to development requirements as set forth in subsection (b)(3)(F) – Facilities, excluding towers, on publicly owned or publicly utilized lands, and subject to subsection (b)(5)(C) – Monopole facilities, single carrier wireless towers, and lattice tower in any non-residentially zoned area. Other telecommunications facilities not listed as exempt, permitted, or prohibited shall comply with the following minimum physical standards and other requirements as deemed appropriate by the planning commission: (i) Adequate access shall be provided. (ii) Facility shall be concealed or stealthed to the satisfaction of the Planning Commission. 82093.00006\8821964.1 14 (c) (iii) No reduction in parking below that required by the code. (iv) Concurrent review and approval by the city and the county. Location and Design Standards for Non-Exempt Facilities. (1) The following standards are applicable to all telecommunication facilities except exempt facilities identified in subsection (b)(2) Exempt Facilities. (A) If technological improvements or developments occur that allow the use of materially smaller or less visually obtrusive equipment, the service provider may be required to replace or upgrade an approved telecommunication facility upon application for a new permit in order to minimize the facility’s adverse impacts on land use compatibility and aesthetics. This provision would only apply to the specific site where the application for modification is requested. (B) All telecommunication facilities shall be installed and maintained in compliance with the requirements of the California Building Standards Code, the Americans with Disabilities Act, as well as other restrictions specified in this article and other applicable provisions of the Code. (C) Design Standards. All telecommunication facilities shall: (i) Utilize state of the art stealth technology as appropriate to the site and type of facility. Specifically, all telecommunication facilities shall employ and maintain camouflage design techniques to minimize visual impacts and provide appropriate screening. Such techniques shall be employed to make the installation, operation and appearance of the facility as visually inconspicuous as possible and to hide the installation from predominant views from surrounding properties. Where no stealth technology is proposed for the site, a detailed analysis as to why stealth technology is physically and technically infeasible for the project shall be submitted with the application. (ii) Antennae and support structures, where utilized, must be monopole type. Monopole support structures shall not exceed four feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and that the proposed tower height is necessary. (iii) In the case of existing structures, telecommunication facilities shall be located in a manner so as to minimize visual impacts from surrounding properties and public rights-of-way. (iv) All flush mounted antenna(s) and support structures shall be painted to be architecturally compatible with the building on which it is located or painted to minimize the visual impacts where the structures extend above the roof line and minimize visual impacts from surrounding properties. The specific color is 82093.00006\8821964.1 15 subject to city review based on a visual analysis of the particular site. (D) (E) (v) Accessory equipment must be designed and screened from public view. The specific design is subject to city review based on a visual analysis of the particular site and may include decorative fencing and/or landscaping. If landscaping is required, landscape plans shall be prepared by a licensed landscape architect. (vi) Support structures and site area for telecommunication facilities shall be designed and of adequate size to allow at least one additional service provider to co-locate on the structure, including sufficient area available for ground mounted equipment, subject to the specific design standards and aesthetic considerations of the specific telecommunication facility location and conditional use permit requirements in subsection (b)(5). (vii) All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit and/or allow for removal of graffiti. (viii) Placement of ground mounted equipment shall not substantially hinder the future development potential of any property. Height. All telecommunication facilities shall be designed to meet the minimum functional height required. (i) Unless this section imposes a more restrictive height limitation on a specific type of facility, facility height shall not extend more than twelve feet beyond the maximum allowable building height for the zone, except as otherwise allowed in this article. If a maximum building height has not been established in this chapter, the height of the facility shall be reviewed for the visual impact on the surrounding land uses and the community. (ii) If the facility is not attached to a building, the height of the facility shall be reviewed for the visual impact on the surrounding land uses and the community. (iii) The height of a telecommunication tower shall be measured from the natural, undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto. Setbacks. The following setback requirements shall apply to all telecommunication facilities except facilities in the public right-of-way and on city-owned property: 82093.00006\8821964.1 16 (F) (i) All facilities shall comply with the required building setbacks for the zoning district in which the site is located. However, in no instance shall the facility (including antenna equipment) be located closer than five feet of any property line. Additional setback requirements may be established in conjunction with a conditional use permit for those antennae exceeding the height limit for the zoning district. (ii) Facilities shall not be located within the required front yard area of any parcel, unless specifically approved by the planning commission. (iii) The planning commission may reduce setbacks through the conditional use permit process upon determination that aesthetic impacts would be reduced and/or open space improved. Landscaping. (i) Landscaping, wherever appropriate, shall be used as screening to reduce visual impacts of telecommunication facilities. Any proposed landscaping shall be visually compatible with existing vegetation in the vicinity. (ii) Existing landscaping in the vicinity of a proposed telecommunication facility shall be protected from damage during and after construction. Submission of a tree protection plan may be required to ensure compliance with this requirement. (iii) Off-site landscaping may be required to mitigate off-site impacts, subject to willing property owners. Additional landscaping may also be required in public rights-of-way to obscure visibility of facilities from passing motorists, bicyclists, and pedestrians. (iv) When required, a landscape and irrigation plan prepared by a licensed landscape architect shall be submitted at the building permit stage for review and approval by the community development department. (G) Signage. A permanent, weather-proof identification sign must be placed on the gate of the fence surrounding the telecommunication facility or base shelter or, if there is no fence, on the facility itself. The sign must identify the facility operator(s), type of use, provide the operator’s address, and specify a twenty-four-hour telephone number at which the operator can be reached so as to facilitate emergency services. (H) Access. Parking and access to and for the maintenance of telecommunication facilities shall be on an improved surface and no required parking for the primary use shall be lost due to placement of the pole and support facilities unless otherwise permitted by the Planning 82093.00006\8821964.1 17 Commission. A minimum of one parking space shall be provided, and calculated separately from the required parking for the primary use, for maintenance of the telecommunication facility. Required fire access shall be maintained. (2) (I) Lighting and Placement. Facility lighting shall comply with the local requirements of the city. Towers shall not be artificially lighted, unless required by the FAA or other applicable public safety authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. (J) Noise. In general, noise levels shall comply with the applicable state and local guidelines. In no instance shall noise levels produced by the facility or appurtenant equipment exceed sixty-five dBA as measured at the site property line. Back-up generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between 8:30 A.M. and 4:30 P.M. Management. (A) Periodic Review. The city may conduct a periodic review of the telecommunications facility to consider whether or not the facility is conforming with the (including the co-location) conditions of its discretionary approval or appropriate permits. The city shall consider whether or not the facility is conflicting with emerging land uses approved under the applicable master or specific plan. If the city concludes that adverse impacts to emerging land uses can be reduced through the use of new technology, or through the retirement of the current facility, the carriers shall work with the city to develop a plan for achieving these mitigating goals. The city may impose a condition limiting the duration of any permit for a telecommunications facility located on property zoned other than industrial only after making findings of fact that such a condition is warranted. As part of such condition, the city shall specify the development threshold which could trigger termination of the permit following a duly noticed public hearing. (B) Abandonment. If any telecommunications facility is not operated for a continuous period of six months, the service provider shall notify the zoning administrator. A telecommunications facility shall be considered abandoned and shall be removed by the facility owner within the next six months and the site restored back to its original setting. The city may, at its discretion, require the posting of a performance surety to cover the cost of the removal of abandoned facilities. (C) Public Health and Safety (EMF and RF). No telecommunications facility or combination of facilities shall generate, at any time, EMF or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure, as amended over time. 82093.00006\8821964.1 18 All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate such facilities. If such standards and regulations are changed, the property owner or responsible party 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 agency. Any violation of this subsection shall constitute grounds for revocation of any permits and/or approvals granted under this section. Such violations shall also constitute grounds for abatement and removal of the telecommunications facility by the city at the property owner's expense. If it is found that wireless telecommunications facilities are or will be detrimental to the health, safety, or welfare of persons working or residing near such facilities, then the service provider(s) shall be solely responsible for the removal, adjustment, or replacement of the facilities. In no case shall the facility remain in operation if it is found to create a hazard to health, safety, or welfare. A facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the facility so long as it meets all then current standards established by the FCC, or other federal agency having jurisdiction. (d) Applications for Telecommunications Facilities. Form and content. (1) A proposal for all new telecommunications facilities requiring a development or discretionary permit shall be processed upon the application of the property owner (s) or its agent, subject to the following: (A) Applicant shall file a completed development application for a conditional use permit (CUP) and/or site plan and design review application with the city in a manner prescribed by the zoning administrator that shall include completion of an applicant environmental review form as well, as applicable. (B) Vicinity map, including topographic areas, one-thousand-foot radius from proposed site-facility, residential and school zones and major roads/highways. The distance of the proposed telecommunication project from existing residentially designated/zoned areas, existing residences, schools, major roads and highways, and all other telecommunication sites and facilities (including other providers locations) within a one-thousand-foot radius shall be delineated on the vicinity map. (C) Site plan including and identifying: (1) All facility related support and protection equipment; (2) A description of general project information, including the type of facility, number of antennas, height to top of antenna(s), radio frequency 82093.00006\8821964.1 19 range, wattage output of equipment, and a statement of compliance with current FCC requirements. (D) Elevations of all proposed telecommunication structures and appurtenances, and composite elevations from the street(s) showing the proposed project and all buildings on the site. (E) Provide verification that the use of the telecommunications facility will not interfere with other adjacent neighboring transmission or reception functions, including public safety facilities. (F) Photo simulations, photo-montage, story poles, elevations and/or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project. Visual impact demonstrations shall include accurate scale and coloration of the proposed facility. The visual simulation shall show the proposed structure as it would be seen from surrounding properties from perspective points to be determined in consultation with the community development department prior to preparation. The city may also require the simulation analyzing stealth designs, and/or on-site demonstration mock-ups before the public hearing. (G) Landscape plan that shows existing vegetation, vegetation to be removed, and proposed plantings by type, size and location. If deemed necessary, the community development director may require a report by a licensed landscape architect to verify project impacts on existing vegetation. This report may recommend protective measures to be implemented during and after construction. Where deemed appropriate by the community development department, a landscape plan may be required for the entire parcel and leased area(s). (H) A written statement and supporting information, as requested by staff, regarding alternative site selection and co-location opportunities in the service area. The application shall describe the preferred location sites within the geographic service areas, a statement why each alternative site was rejected, and a contact list used in the site selection process. Provide a statement and evidence of refusal regarding lack of co-location opportunities. (I) Noise and acoustical information for the base transceiver station(s), equipment buildings, and associated equipment such as air conditioning units and back-up generators. Such information shall be provided by a qualified firm or individual, approved by the city, and paid for by the project applicant. (J) Provide proof of compliance with State or Federal requirements or any agency with authority to regulate towers and antennas, including the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC), including a radio frequency (RF) analysis conducted and certified by a state-licensed/registered RF engineer or qualified consultant. 82093.00006\8821964.1 20 (2) (K) A cumulative impact analysis for the proposed facility and other telecommunication facilities on the project site or within one thousand three hundred feet of the proposed project site. The analysis shall include all existing and proposed telecommunication facilities on or near the site, dimensions of all antennas and support equipment on or near the site, power rating for all existing and proposed back-up equipment, and a report estimating the ambient RF fields and maximum potential cumulative electromagnetic radiation at, and surrounding, the proposed site that would result if the proposed facility were operating at full buildout. (L) Statement by the applicant of willingness to allow other carriers to colocate on their facilities wherever technically and economically feasible and aesthetically desirable. (M) An evidence of needs report detailing operational and capacity needs of the provider’s system within the City of Woodland and the immediate area adjacent to the city. The report shall detail how the proposed facility is technically necessary to address current demand and technical limitations of the current system, including technical evidence regarding significant gaps in the provider’s coverage, if applicable, and that there are no less intrusive means to close that significant gap. Such report may be evaluated by a qualified firm or individual, chosen by the city, and paid for by the project applicant. The qualified firm or individual chosen by the city may request additional information from the applicant to sufficiently evaluate the proposed project. (N) A security plan which includes emergency contact information, main breaker switch, emergency procedures to follow, and any other information as required by the community development director. (O) A description of the anticipated maintenance program and back-up generator power testing schedule. (P) In addition to the requirements outlined in the appropriate application form(s), an application for a zoning administrator or conditional use permit review shall contain sufficient information to allow the zoning administrator, planning commission or city council to act on the proposal. (Q) The applicant pays all required processing and application fees. Such fees may be set and amended by resolution of the City Council. Use of Outside Consultants. From time to time the city may need the services of a qualified outside consultant to supplement staff to review and make appropriate recommendations including, but not limited to, compliance with radio frequency emissions standards and/or identification of alternative solutions where there is a possibility that a proposed facility could result in a significant impact to the surrounding area. The use of outside consultants shall be at the applicant's expense. The cost of these services shall be in addition to all other applicable fees 82093.00006\8821964.1 21 associated with the project, and shall be contracted for and administered by the city. (3) (e) (f) Pre-application. A pre-application meeting is recommended for newly proposed telecommunication facilities to review development requirements and design and location standards for the type of antenna facility proposed. When available, it is recommended that the applicant provide preliminary site plan and visual impact drawings to aide in the pre-applicant review process. These meetings are voluntary, and no fees shall be paid for the city’s review of material provided at this stage. Findings for approval for telecommunications facility applications. (1) The proposal meets or exceeds the criteria of this chapter and is consistent with the general plan and applicable land use designations. (2) That the site for the intended use is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the use and required provisions of this chapter. (3) The proposal for the telecommunications facility is in its design and appearance is consistent or compatible with the development and design of the surrounding structures and neighborhood. (4) That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the area as intended in the General Plan or any Specific Plan. (5) That adequate streets and highways exist to carry the type and quantity of traffic anticipated to accommodate access for maintenance and/or service vehicles. Appeals. Any person dissatisfied with the decision to either approve or deny a development permit for the construction or modification of a wireless telecommunications permit, excluding exempt facilities, may file an appeal in accordance with the procedures set forth in either Article 27 or 31 as applicable. Staff decisions regarding exempt facilities may be appealed in the same manner as a decision of the zoning administrator as set forth in Article 31. 82093.00006\8821964.1 22
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