HomeMy WebLinkAbout4b - Correspondence - PA2012-057Correspondence
Item No. 4b ��
Wireless Telecommunications Facilities Ordinance Update
PA2012 -057
Chapter 20.49 - Wireless Telecommunications Facilities
Sections L /t j .ie --�-� et � 7f ' Z'l: 5- 4
20.49.010 - Purpose / / 1i
20.49.020 - Effect of Chapter
20.49.030 - Definitions
20.49.040 - Telecom Facility Preferences and Prohibitions
20.49.050 - General Development and Design Standards
20.49.060 - Permit Review Procedures
20.49.070 - Permit Implementation, Time Limits, Duration, and Appeals
20.49.080 - Agreement for Use of City -owned or City-held Trust Property
20.49.090 - Modification and Collocation of Existing Telecom Facilities
20.49.100 - Operational and Radio Frequency Compliance and Emissions Report
20.49.110 - Right to Review, Revoke or Modify a Permit
20.49.120 - Removal of Telecom Facilities
20.49.010 - Purpose
A. The purpose of this Chapter is to provide for the installation, modification, operation and
maintenance of wireless telecommunication facilities ( "Telecom Facilities ") on public and
private property consistent with State and federal law while ensuring public safety,
FedUrin minimizin the visual effects of Telecom Facilities on public streetscapes,
protecting public views, and otherwise avoiding and mitigating the visual impacts of
Telecom Facilities on the community.
B. Telecom Facilities shall utilize the least obtrusive available technology in order to reduce or
minimize the number of Telecom Facilities in the City and *efebr e4we their visual impact
on the community. (��
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C. The provisions of this Chapter are n intended and shall not be interpreted to prohibit or
to have the effect of prohibiting telecommunication services. This Chapter shall be
applied to providers, operators, nd maintainers of wifelesstelecommunication services
regardless of whether authorized or subject to 1, 1tate or federal regulations. This Chapter
shall not be applied in such a manner as to unreasonably discriminate among providers of
functionally equivalent teleceratelecommunication services.
20.49.020 - Effect of Chapter
A. Regulatory Scope. These regulations are applicable to all Telecom Facilities +ragas
defined herein and that provide wireless voice and /or data transmission such as, but not
limited to, cell phone, internet, and radio relay stations.
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B. Permit and /or Agreement Required. PFieff te rengtri, Unless the provisions of this
Chapter provide otherwise, prior to installation or modification of any Telecom Facility in
the City, the applicant shall obtain a Minor Use Permit (MUP), Conditional Use Permit (CUP),
Limited Term Permit (LTP), or Zoning Clearance (ZC) in accordance with Section 20.49.060
(Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an
encroachment permit, if required) for any Telecom Facility approved to be located on any
City -owned property or City -held Trust Property, shall enter into an agreement prepared
and executed by the City Manager or ifshis or her'designe prior to eeastfuetieainstallation
of the Facility, consistent with Section 20.49.080 (Agreement for Use of City -owned or City -
held Trust Property). �1
C. Exempt Facilities. The following types of elecocilities a exempt from the provisions
of this Chapter:
1. Amateur radio antennas and receiving satellite dish antennas, and citizen band radio
antennas regulated by Section 20.48.190 (Satellite Antennas and Amateur Radio
Facilities).
2. Dish and other antennas subject to the FCC Over - the -Air Reception Devices ( "OTARD ")
rule, 47 C.F.R. § 1.4000 that are designed and used to receive video programming
signals from (a) direct broadcast satellite services, or (b) television broadcast stations, or
(c) for wireless cable service.
3. During an emergency, as defined by Title 2 of the NBMC, the City Manager, Director of
Emergency Services or Assistant Director of Emergency Services shall have the authority
to approve the placement of a Telecom Facility in any district on a temporary basis not
exceeding ninety (90) calendar days from the date of authorization. Such authorization
may be extended by the City on a showing of good cause.
4. Facilities exempt from some or all of the provisions of this Chapter by operation of State
or federal law to the extent so determined by the City.
5. Systems installed or operated at the direction of the City or its contractor.
6. Systems installed entirely within buildings for the sole purpose of providing wireless
telecommunications or data transmission services to building occupants.
D. Other Regulations. Notwithstanding the provisions of this Chapter, all Telecom Facilities
within the City shall comply with the following requirements:
1. Rules, regulations, policies, or conditions in any permit, license, or agreement issued by
aany local, state or federal agency which has jurisdiction over the Telecom Facility.
2. Rules, regulations and standards of the Federal Communications Commission (FCC) and
the California Public Utilities Commission (CPUC).
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E. Regulations not in Conflict or Preempted. All Telecom Facilities within the City shall comply
with the following requirements unless in conflict with or preempted by the provisions of
this Chapter:
1. All applicable City design guidelines and standards.
2. Requirements established by any other provision of the Municipal Code and by any
other ordinance and regulation of the City.
F. Legal Nonconforming Facility. Any Telecom Facility that was lawfully constructed, erected,
or approved prior to [INSERT EFFECTIVE DATE OF THIS CHAPTER], that is operating in
compliance with all applicable laws, and which Facility does not conform to the
requirements of this Chapter shall be aeeepted and allowed —deemed a legal
nonconforming Facility. Legal nonconforming Facilities shall comply at all times with the
laws, ordinances, r ' s, and any conditions of approval in effect at the time the
Facility was approve and y applicable Provisions of the Municipal Code or federal and
State laws as they maybe amended or enacted, in the future. / " `�'t
20.49.030 — Definitions pep ` v '
For the purposes of this Chapter, the following definitions shall apply:
A. Antenna. Antenna means a device used to transmit and /or receive radio or
electromagnetic waves between earth and /or satellite -based systems, such as reflecting
discs, panels, microwave dishes, whip antennas, Antennas, arrays, or other similar devices.
B. Antenna Array. Antenna Array means Antennas having transmission and /or reception
elements extending in more than one direction, and directional Antennas mounted upon
and rotated through a vertical mast or tower interconnecting the beam and Antenna
support structure, all of which elements are deemed to be part of the Antenna.
C. Base Station. Base Station means the electronic equipment and appurtenant Support
Equipment at a Telecom Facility installed and operated by the Telecom Operator that
together perform the initial signal transmission and signal control functions. A Base Station
does not include the Antennas, Antenna support structure, or any portion of Distributed
Antenna System (DAS).
D. City -owned or City -held Trust Property. City -owned or City -held Trust Property means all
real property and improvements owned, operated or controlled by the City, other than the
public right -of -way, within the City's jurisdiction, including but not limited to City Hall, Police
and Fire facilities, recreational facilities, parks, beaches, libraries, monuments, signs,
streetlights and traffic control standards.
E. Collocation. Collocation means an arrangement whereby multiple Telecom Facilities are
installed on the same building or structure.
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L. Operator or Telecom Operator. Operator or Telecom Operator means any person, firm,
corporation, company, or other entity that directly or indirectly owns, leases, runs,
manages, or otherwise controls a Telecom Facility or facilities within the City. The definition
of Operator or Telecom Operator does not include a property owner(s) wkethat leases
property to an Operator for a Telecom Facility.
M. Public Right -of -Way. Public Right -of -Way or ( "PROW ") means the improved or unimproved
surface of any up blic street, or similar public way of any nature, dedicated or improved for
vehicular, bicycle, and /or pedestrian related use. PROW includes public streets, roads,
lanes, alleys, sidewalks, medians, parkways and landscaped lots. The PROW does not
include private streets.
N. Stealth or Stealth Facility. Stealth or Stealth Facility means a Telecom Facility in which the
Antenna, and the Support Equipment, are completely hidden from view such as in a
monument, cupola, pole -based structure, or other concealing structure which either
mimics, or which also serves as, a natural or architectural feature. Concealing structures
which are obviously not such a natural or architectural feature to the average reasonable��,9"'�
observer do not qualify within this definition. For example, an artificial tree ismav no not
be considered to be a Stealth Facility.
O. Support Equipment. Support Equipment means the physical, electrical and /or electronic
equipment included within a Telecom Facility used to house, power, and /or contribute to
the processing of signals from or to the Facility's Antenna or Antennas, including but not
limited to a base station, cabling, air conditioning units, equipment cabinets, pedestals, and
electric service meters. Support Equipment does not include DAS, Antennas or the building
or structure to which the Antennas or other equipment are attached.
P. Telecommunication(s) Facility, Telecom Facility, Telecom Facilities, Wireless
Telecommunications Facility, or Facility. Telecommunication(s) Facility, Telecom Facility,
Telecom Facilities, Wireless Telecommunications Facility, or simply Facility or Facilities
means an installation that sends and /or receives wireless radio frequency signals or
electromagnetic waves, including but not limited to directional, omni - directional and
parabolic antennas, structures or towers to support receiving and /or transmitting devices,
supporting equipment and structures, and the land or structure on which they are all
situated. The term does not include mobile transmitting devices, such as vehicle or hand
held radios /telephones and their associated transmitting antennas.
Q. Utility Pole. Utility Pole means a single freestanding pole used to support services provided
by a public or private utility provider.
R. Utility Tower. Utility Tower shall mean an open framework structure (see lattice tower) or
steel pole used to support electric transmission facilities.
S. Wireless Tower. Wireless Tower means any structure built for the sole or primary purpose
of supporting Antennas used to provide wireless services authorized by the FCC. A
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greatest extent Feasible, Facilities shall be designed to minimize the visual impact of the
Facility by means of location, placement, height, screening, landscaping, and shall be
compatible with existing architectural elements, building materials, other building
characteristics, and the surrounding area.
In addition to the other design standards of this Section, the following criteria shall be
considered by the review authority in connection with its processing of any MUP, CUP, LTP,
or ZC for a Telecom Facility:
1. Blending. The extent to which the proposed Telecom Facility blends into the
surrounding environment or is architecturally compatible and integrated into the
structure.
2. Screening. The extent to which the proposed Telecom Facility is concealed or screened
by existing or proposed new topography, vegetation, buildings or other structures.
3. Size. The total size of the proposed Telecom Facility, particularly in relation to
surrounding and supporting structures.
4. Location. Proposed Telecom Facilities shall be located so as to utilize existing natural or
man -made features in the vicinity of the Facility, including topography, vegetation,
buildings, or other structures to provide the greatest amount of visual screening and
blending with the predominant visual backdrop.
5. Collocation. In evaluating whether the Collocation of a Telecom Facility is Feasible, the
criteria listed in 1 -4 above shall be used to evaluate the visual effect of the combined
number of Facilities at the proposed location
B. Public View Prote ion. All new or modified Telecom Facilities,
whether approved by administrative fsreeessor discretionary review.
shall comply wit Section 20.30.100 (Public View Protection). Additionally, potential impacts
-to public views that are not identified by the City's General Plan Peliey NR ' ^' 1P '
V4 ~4 olp Kies shall
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C. Height. p�r ° `��— VA
1. Th/Plann' Co n o oou cil may ipp ove o o ditiofi ally appr6ve a CUP
fo Facility that exceeds the maximum height limit for the zoning district in
wcility is located provided it does not exceed the maximum height limit by 15
fe er making all of the required findings in Section 20.49.060( +H) (Permit
Re dures).
2. All Telecom Facilities shall comply with height restrictions or conditions, if any, required
by the Federal Aviation Administration, and shall comply with Section 20.30.060.E.
(Airport Environs Land Use Plan for John Wayne Airport and Airport Land Use
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F. Screening Standards. For Collocation installations, the screening method shall be materially
similar to those used on the existing Telecom Facility, and shall not diminish the screening
of the Facility. If determined necessary by the review authority, use of other improved and
appropriate screening methods may be required to screen the Antennas and Support
Equipment from public view. The Following is a non - exclusive list of potential design and
screening techniques that must be considered for all Facility installations:
1. P&P -Class 1(Stealth /Screened) Installations:
a. All Telecom Facility components, including all Antennas, Antenna panels, cables,
wires, conduit, mounting brackets, and Support Equipment, shall be fully screened,
and mounted either inside the building or structure, or behind screening elements
and not on the exterior face of the building or structure.
b. Screening materials shall match in color, size, proportion, style, and quality with the
exterior design and architectural character of the structure and the surrounding
visual environment. If determined necessary by the reviewing authority, screening
to avoid adverse impacts to views from land or buildings at higher elevations shall be
required.'
c. When a Teleco Facility is proposed within an existing or new architectural feature
such as a ste le, religious symbol, tower, cupola, clock tower, sign tower, etc., the
Facility shall architecturally compatible with the existing structure or building.
2. Per -Class 2 (Visible) Installations:
a. Building or structure mounted Antennas shall be painted or otherwise coated to
match or complement the predominant color of the structure on which they are
mounted and shall be compatible with the architectural texture and materials of the
building to which the Antennas are mounted. No cables, wires, conduit, mounting
brackets or any other associated support equipment shall be visible.
b. All Antenna components and Support Equipment shall be treated with exterior
coatings of a color and texture to match the predominant visual background and /or
adjacent architecture so as to visually blend in with the surrounding development.
Subdued colors and non - reflective materials that blend with surrounding materials
and colors shall be used.
3. For Class 3 (Public Right -of -Way) Installations:
a. Whenever Feasible, new Antennas proposed to be installed in the public right -of-
way shall be placed on existing utility structures, streetlights, or other existing
vertical structures. Antenna installations on existing or replacement streetlight
poles, or Utility Poles shall be screened by means of canisters, radomes, shrouds
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other screening measures whenever Feasible, and treated with exterior coatings of a
color and texture to match the existing pole.
b. New or replacement vertical structures may be allowed whewewhen authorized by
the Municipal Code and approved by the Public Works Department. Replacement
poles or streetlights shall be consistent with the size, shape, style, and design of the
existing pole, including any attached light arms. New poles or streetlights may be
installed provided they match existing or planned poles within the area.
c. If Antennas are proposed to be installed without screening, they shall be flush -
mounted to the pole and shall be treated with exterior coatings of a color and
texture to match the pole.
4. Few Class 4 (Freestanding Structure) Installations:
a. The installation of new Lattice Towers or Monopoles with visible antennas or
Antenna Arrays is strongly discouraged-. due to the visual effects of such facilities.
Preferred Monopole designs include fully screened Antennas without visible
brackets, cables, or conduit. Additionally, any Lattice To or Monopole should be
sited in the least obtrusive location as,pes�sHAV e
b. The construction of new freestanding structures such as signs, monoliths, pyramids,
light houses, or other similar vertical structures shall be designed and sited to
appropriately complement a site and screen all elements of the Telecom Facility.
c. The installation of artificial rocks shall match in scale and color other with rock
outcroppings in the general vicinity of the proposed site. An artificial rock screen
may not be considered appropriate in areas that do not have natural rock
outcroppings.
d. The installation of artificial trees or shrubbery is strongly discouraged-. if they are
obviously not natural to the average reasonable observer. When an artificial tree or
shrubbery is proposed, it shall be designed for and located in a setting that is
compatible with the proposed screening method. Such installations shall be situated
so as to utilize existing natural or manmade features including topography,
vegetation, buildings, or other structures to provide the greatest amount of visual
screening. All Antennas and Antenna supports shall be contained within the canopy
of the tree design or other vegetation comparable to that being replicated by the
proposed screening elements. Finally, the addition of new comparable living
vegetation may be necessary to enhance the artificial tree or shrubbery screening
elements.
e. Flagpoles shall not exceed 24 inches in width at the base of the flagpole and also
shall not exceed 20 inches in width at the top of the flagpole.
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H. Required Findings for Telecom Facilities. The following findings shall apply to all Facilities
requiring discretionary review:
1. General. The review authority may approve or conditionally approve an application for
a Telecom Facility only after first finding each of the required findings for a MUP or CUP
pursuant to Section 20.52.020 (Conditional Use Permits and Minor Use Permits), or an
LTP pursuant to Section 20.52.040 (Limited Term Permits), and each of the following
findings:
a. The proposed Telecom Facility is visually compatible with the surrounding
neighborhood.
b. The proposed Telecom Facility complies with height, location and design standards,
as provided for in this Chapter.
c. An alternative site(s) located further from a Residential District, Public Park or Public
Facility cannot Feasibly fulfill the coverage needs fulfilled by the installation at the
proposed site.
d. An alternative plan that would result in a higher prierityoreference Facility Class
category for the proposed Facility is not available or reasonably Feasible and
desirable under the circumstances.d / O
2. Findings to Increase Height. The Planning Commission may /arove, or conditionally
approve an application for a Telecom Facility which includequest to exceed the
maximum height limit for the zoning district in which the y is located up to a
maximum of 15 feet only after making each of the followi ings in addition to the
recfuiredGeneral findings ^"^�•ei:set forth in 20.4 .080 1 and the required
findings for a MUP or CUP pursuant to Section 20.52.02 nditional Use Permits and
Minor Use Permits), or an LTP pursuant to Section 20.52.040 (Limited Term Permits):
a. The increased height will not result in undesirable or abrupt scale changes or
relationships being created between the proposed Telecom Facility and existing
adjacent developments or public spaces.
b. Establishment of the Telecom Facility at the requested height is necessary to provide
service.
20.49.070 — Permit implementation, Time Limits, Extensions, and Appeals
A. The process for implementation or "exercising" of permits issued for a Telecom Facility,
time limits, and extensions, shall be in accordance with Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions).
B. Appeals. Any appeal of the decision of the review authority of an application for a Telecom
Facility shall be processed in compliance with Chapter 20.64 (Appeals).
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Any permit issued I be conditioned upon, and may be revoked, and the Telecom Facility shall
be Feel .'Fed •e be removed efand restored to its pre - modification condition if any material
statement made with respect to the Facility application is false or the modifications as actually
made would have required a discretionary review had the plan for the Facility accurately
depicted the modifications.
20.49.100 — Operational and Radio Frequency Compliance and Emissions Report
At all times, the operator shall ensure that its Telecom Facilities shall comply with the most
current regulatory, operations standards, and radio frequency emissions standards adopted by
the FCC. The operator shall be responsible for obtaining and maintaining the most current
information from the FCC regarding allowable radio frequency emissions and all other
applicable regulations and standards. Said information shall be made available by the operator
upon request at the discretion of the Community Development Director.
Within thirty (30) days after installation of a Telecom Facility, a radio frequency (RF) compliance
and emissions report prepared by a qualified RF engineer acceptable to the City shall be
submitted in order to demonstrate that the Facility is operating at the approved frequency and
complies with FCC standards for radio frequency emissions safety as defined in 47 C.F.R. §
1.1307 et seq. Such report shall be based on actual field transmission measurements of the
Facility operating at its maximum effective radiated power level, rather than on estimations or
computer projections. If the report shows that the Facility does not comply with the FCC's
'General Population /Uncontrolled Exposure' standard as defined in 47 C.F.R. § 1.1310 Note 2 to
Table 1, the Director shall require use of the Facility be suspended until a new report has been
submitted confirming such compliance.
Upon any proposed increase of at least ten percent (10 %) in the effective radiated power or any
proposed change in frequency use of the Telecom Facility by the Telecom Operator, the
Telecom Operator shall be required to provide an updated, certified radio frequency (RF)
compliance and RF emissions safety report.
20.49.110 — Right to Review, Revoke or Modify a Permit
The reservation of right to review any permit for a Telecom Facility granted by the City is in
addition to, and not in lieu of, the right of the City to review and revoke or modify any permit
granted or approved hereunder for any violations of the conditions imposed on such permit.
20.49.120 — Removal of Telecom Facilities
A. Discontinued Use. Any Telecom Operator who intends to abandon or discontinue use of a
Telecom Facility must notify the Community Development Director by certified mail no less
than thirty (30) days prior to such abandonment or discontinuance of use. The Telecom
Operator or owner of the affected real property shall have ninety (90) days from the date of
abandonment or discontinuance, or a reasonable additional time as may be approved by
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