Chapter 9.42
WIRELESS TELECOMMUNICATION FACILITIES
Sections:
9.42.030 Standards for all wireless telecommunication facilities.
9.42.040 Standards for ground-mounted structures.
9.42.050 Ground-mounted antennas, antenna towers, and satellite dishes.
9.42.010 Purpose of chapter.
A. Purpose. The purpose of this chapter is to provide regulations regarding the location and design of wireless communications facilities.
B. Not be detrimental. This chapter is intended to ensure that the installation of wireless communication facilities will not be detrimental to the City’s public health, safety, or welfare.
C. Screening and architectural compatibility required. It is the intention of this chapter to treat wireless communications facilities, including antennas, in the same way that other mechanical equipment (e.g., air conditioners) are treated, and to require proper screening and architectural compatibility. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.42.030 Standards for all wireless telecommunication facilities.
All wireless telecommunication shall be in compliance with the following standards:
A. General. Antennas allowed by this chapter shall comply with all applicable zoning and building codes.
B. Compliance with Division 2 of this title. Wireless telecommunications facilities are allowed in compliance with Division 2 of this title (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).
C. Visual impact.
1. Antennas and accessory wireless equipment shall be located, installed, and mounted in a manner to minimize to the greatest extent possible the visibility of the antennas and equipment.
2. The application for the required City approval shall include photo simulations of the proposed facility, propagation map, and all related equipment.
D. Minimum setback.
1. Antennas and wireless telecommunication facilities shall be set back at least one hundred feet (100') from any parcel zoned residential.
2. The one-hundred-foot (100') setback may be reduced subject to the Commission’s review and approval, but no less than the height of the facilities (e.g., antennas, pole) plus twenty-five feet (25').
E. Public right-of-way.
1. Antennas and wireless telecommunications facilities shall also be allowed in the public right-of-way when an encroachment permit is obtained from the Planning and Development Services Department.
2. The permit shall not be granted until all of the applicable requirements are met, including an agreement for compensation to the City.
F. Nonexclusive condition. Wireless telecommunication facilities shall be conditioned to be nonexclusive in order to encourage colocation with separate providers.
G. Height. The height of any antenna or wireless telecommunication facility shall not exceed the maximum height of the subject zoning district.
1. Wireless telecommunication facilities. Wireless telecommunication facilities (e.g., antennas, poles, towers, and necessary mechanical appurtenances) installed in compliance with Chapter 42 of this title may be authorized to exceed the height limit established for the applicable zoning district, subject to an administrative use permit in compliance with Chapter 62 of this title and a site plan review in compliance with Chapter 56 of this title.
H. Screening.
1. Antennas and accessory wireless equipment, if visible, shall be screened with landscaping to the greatest extent possible.
2. The base shall be landscaped to screen equipment cabinets or the equipment cabinets shall be architecturally compatible with adjacent structures.
3. This landscaping shall be subject to the review and approval of the Director.
4. All landscaping screening shall be required to be properly maintained in compliance with Chapter 28 of this title (Landscaping Standards) and replaced if necessary by the applicant as long as the associated antenna or wireless equipment is in use.
I. Freestanding facilities.
1. Freestanding wireless telecommunications facilities shall be located on sites where the facility shall be set back from arterial streets and major traffic corridors to the greatest extent possible.
2. Freestanding wireless telecommunication facilities or antennas shall be painted to match the background or to match existing and surrounding structures.
J. Side-mounted facilities.
1. Side-mounted facilities located on a structure shall be consistent with existing architectural features of the structure.
2. An architectural theme may be required in order to create a balanced appearance.
3. Side-mounted facilities on structures shall be painted to match the structure but the paint shall be of a subdued color or nonreflective materials which match the existing or surrounding structures.
K. Roof-mounted facilities. Roof-mounted facilities shall be appropriately screened from view from existing structures where possible or shall be screened from view with a facade which complements the architecture of the structure to create a balanced integrated edge treatment.
L. Change of ownership. Notice of change of ownership shall be provided to the City. Lawfully constructed wireless telecommunication facilities that are no longer in operation shall be removed promptly from the premises within ninety (90) days after the discontinuation of the facility.
M. Performance bond required. A performance bond shall be posted with the City to ensure the removal, to ensure that corrective work is performed, and that graffiti is promptly removed. The bond shall be in a form and amount as determined sufficient by the City Attorney.
N. Indemnification. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents, and employees from any and all liability or claims that may be brought against the City arising out of its approval of an encroachment permit or any other approval of a facility.
O. Signs prohibited. Signs shall be prohibited on wireless telecommunications facilities unless required by Federal, State, or local law. (§ 2, Ord. 14-13, eff. October 8, 2014; § 1(2) (Atts. 1, 2), Ord. 20-18, eff. February 3, 2021)
9.42.040 Standards for ground-mounted structures.
A. Location within setbacks. No ground-mounted structures and no part of the antenna or visible equipment shall be located within or project into any required setbacks of the underlying zoning district.
B. Proximity to right-of-way. No mounted structures and no part of the antenna or visible equipment shall be located within, or project closer than ten feet (10') from, any right-of-way of a public street or freeway, unless first determined to be appropriate by the Director.
C. Proximity to residential. No ground-mounted structure for an antenna shall be located on a parcel with an existing residential use, nor within one hundred feet (100') of any residential use, or within a distance determined by the Director to be a safe distance in the event of structure failure.
D. Height. The height of the ground-mounted structure shall be compatible with that of the surrounding neighborhood so existing trees or other tall elements of the neighborhood can serve as a backdrop to mask the silhouette for the antenna and the ground-mounted structure.
E. Proximity to other ground-mounted structures/colocation. No new ground-mounted structure for an antenna shall be located within five hundred feet (500') of an existing ground-mounted structure for an antenna except if the new structure is replacing the existing structure for purposes of locating more than one wireless telecommunication facility on the structure (e.g., colocation).
F. Height may be increased for colocation purposes. If colocation is not feasible due to the height restrictions specified in this Development Code, height restrictions may be increased for the colocation; provided, the Commission first determines that the structure at the increased height will have less of an adverse visual impact on the surrounding area than two (2) structures of reduced height located in close proximity to one another and will be consistent with the character of the surrounding development.
G. Security fencing. All security fencing shall be of a material, color, and design that blends with the character of the surrounding environment.
H. Covenant for removal at end of use term. A covenant shall be recorded requiring the removal of the structure(s) when no longer being utilized for telecommunication purposes. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.42.050 Ground-mounted antennas, antenna towers, and satellite dishes.
A. Ground-mounted antennas and antenna towers.
1. No antenna tower or ground-mounted antennas shall be installed or maintained in any zoning district within the City without first obtaining approval of all required City permits.
2. No antenna shall be installed or maintained in any zoning district within the City which:
a. Exceeds thirty-five feet (35') in height as measured from the nearest structure foundation;
b. Has a boom length of greater than twenty-three feet (23');
c. Has an element greater than thirty feet (30') in length; and
d. Has any portion thereof, including supporting guy wires, that encroaches into any required setbacks.
B. Satellite dishes in residential zoning districts. Satellite dishes located in residential zoning districts shall be maintained in compliance with the following criteria:
1. Location.
a. For ground-mounted dishes, the satellite dish shall be located in the rear yard area of the residence and shall not encroach into any area that is within five feet (5') from a parcel line.
b. Roof-mounted dishes shall be prohibited.
c. Structure-mounted dishes attached to walls or fascia shall be located on the side or rear outside of required setbacks.
2. Height. For structure-mounted dishes, the height of the satellite dish and all appurtenant equipment shall not exceed a maximum height of twelve feet (12') as measured from the adjacent ground.
3. Diameter. The diameter of the dish shall not exceed two feet (2').
4. Screening. The satellite dish shall be screened from public view from adjacent streets.
5. Site plan review required. The satellite dish shall be subject to site plan review in compliance with Chapter 56 of this title to ensure that the installation complies with these standards and will not have an adverse impact upon nearby properties.
6. Building permits. All appropriate building permits shall be obtained before installation.
C. Satellite dishes in nonresidential zoning districts. Satellite dishes in all nonresidential zoning districts shall be installed and properly maintained in compliance with the following criteria:
1. Height.
a. The height of the satellite dish and all appurtenant equipment shall not exceed a maximum height of twelve feet (12') as measured from the adjacent ground.
b. Roof mounting may be allowed if the Director first determines that the proposed dish will be visually unobtrusive.
2. Diameter. The diameter of the dish shall not exceed ten feet (10').
3. Screening. The satellite dish shall be screened from public view from adjacent streets and surrounding property by the use of fences, hedges, and/or other landscaping.
4. Site plan review required. All satellite dishes shall be subject to site plan review in compliance with Chapter 56 of this title to ensure that the installation complies with these standards and will not have an adverse impact upon nearby properties.
5. Building permits. All appropriate building permits shall be obtained before installation. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.42.060 Exceptions.
A. Small dishes. The provisions contained in Sections 9.42.050(B) and (C) shall not apply to any satellite dish that is:
1. 1.1 meter or less in diameter (approximately 39.37 inches) and located within a residential zoning district; or
2. 2.2 meters or less in diameter (approximately 78.74 inches) and located within a nonresidential zoning district.
B. Satellite dish hardship. An applicant may be granted a hardship exception from Sections 9.42.050(B) and (C) if the Commission first determines that:
1. The strict application of those standards will impose an unreasonable limitation on the applicant’s ability to receive satellite signals; or
2. The costs of compliance are excessive relative to the purchase and installation costs of the satellite equipment.
C. Nonconforming satellite dish structures. A satellite dish and appurtenant equipment that were lawfully established and in compliance with all applicable regulations at the time of their construction or installation, but which now do not conform to the provisions of this Development Code, shall be deemed a nonconforming structure and shall be allowed to continue until terminated through abandonment, destruction, or dilapidation. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.42.070 Review and approval.
A. Findings. Approval of wireless telecommunication facilities identified in Section 9.42.030 (Standards for all wireless telecommunication facilities) and allowed by this chapter shall require that the following findings be made in addition to any other findings required by this Development Code or the Municipal Code. The applicable review authority shall first determine that:
1. There is adequate space on the property for the antenna and accessory wireless equipment without conflict with existing structures on the property, or reducing required landscaping, parking, or other development standards;
2. The design and placement of the antenna and accessory wireless equipment will not adversely impact the use of the property, other structures located on the property, or the surrounding area or neighborhood;
3. The antenna and accessory wireless equipment as proposed are consistent with the intent of this chapter and comply with the general standards for wireless telecommunication facilities and any special conditions identified below; and
4. The public right-of-way will not be adversely impacted.
B. Conditions of approval. Conditions of approval shall be imposed on any permit and/or approval granted in compliance with this chapter. Permits shall not become effective until all applicable conditions of approval have been met. All conditions of approval shall be observed throughout the duration of the permit. Conditions shall include, but shall not be limited to, the following:
1. Indemnification. The applicant shall agree to indemnify, hold harmless, and defend the City, its officers, agents, and employees from any and all liability or claims that may be brought against the City from its approval of the permit.
2. Terms of lease.
a. A letter outlining the terms of the lease, license, or other agreement with the property owner shall be submitted to the City before issuance of a building permit for the facility.
b. If the lease, license, or agreement is extended or terminated, notice and evidence thereof shall be provided to the Director.
c. Upon termination of the lease, license, or agreement, the permit for the facility shall become void and the facility and all related equipment removed within ninety (90) days.
3. Certificate of continued use.
a. Certificate of continued use for each approved facility shall be submitted on a yearly basis for as long as the facility remains in operation.
b. The certification shall indicate that the facility is operating as approved and that the facility complies with the most current Federal Communications Commission (FCC) safety standards.
c. Facilities which are no longer in operation shall be removed within ninety (90) days after the date of discontinuation.
4. Revocation. If no annual certification is provided, the permit for the facility may be revoked by the Director. Before revoking the permit, the Director shall provide the owners of record written notice of their failure to provide the annual certification and an opportunity for a hearing.
5. Security. Before issuance of a building permit or encroachment permit for the facility, the applicant shall be required to provide a bond or other acceptable form of security with the City to guarantee the removal of the facility and any accessory wireless equipment if the facility is found to be abandoned, the permit is revoked by the Director, or the facility is found in need of repair or graffiti abatement and reasonable notice and an opportunity to correct has been provided.
6. Change of ownership. Written notice of a change of ownership of the facility shall be provided to the Director within thirty (30) days of the change.
7. Preliminary engineering report. Within ninety (90) days of commencement of operation, the applicant shall provide a preliminary report and/or field report prepared by a qualified engineer that shows the operation of the facility is in compliance with the standards established by the American National Standards Institute (ANSI) and Institute of Electrical and Electrical Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and radio frequency radiation (RFR).
8. Changes and modifications. All changes and modifications to an approved facility shall require prior approval by the City.
9. Vandalism repair. All graffiti and other forms of vandalism shall be promptly removed and/or repaired within twenty-four (24) hours. (§ 2, Ord. 14-13, eff. October 8, 2014)
9.42.080 Enforcement.
The provisions of this chapter shall be enforced in compliance with the provisions of Chapter 92 of this title (Enforcement). (§ 2, Ord. 14-13, eff. October 8, 2014)