Chapter 23.907
UTILITY, TRANSPORTATION, AND COMMUNICATION USES

Sections:

23.907.010    Purpose and applicability.

23.907.020    Telecommunication facilities.

23.907.030    Utility facilities and infrastructure.

23.907.010 Purpose and applicability.

A. Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for utility, transportation, and communication uses, including telecommunication facilities and utility facilities and infrastructure and battery energy storage system (BESS) facilities. It is the city’s intent, in establishing these standards, to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by regulating the size, scale, and location of these uses, as well as requiring additional setbacks, landscaping, and other buffering between the subject use and surrounding property.

B. Applicability. The regulations and standards contained in this chapter shall apply only to telecommunication facilities, BESS facilities, and utility facilities and infrastructure as expressly identified in the corresponding sections and shall be in addition to any other development standards and regulations contained elsewhere within this zoning code (e.g., lighting, landscaping, parking). These uses may only be located in those zoning districts as described in, and shall only be authorized in concert with the permit requirements of, Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) or Chapter 23.1000 RCMC (Special Purpose Zones). [Ord. 8-2023 § 3 (Exh. A); Ord. 11-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.3.010)].

23.907.020 Telecommunication facilities.

A. Purpose and Applicability. This section establishes standards for placement of telecommunication facilities within the city and regulates the installation of antennas and other wireless communication facilities consistent with federal law. The city promotes and protects the public safety and public welfare while protecting the visual character of the city to minimize potential impacts of wireless telecommunication facilities development and installation.

B. A use permit (administrative or conditional as identified in Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) is required for the following wireless facilities:

1. Any new telecommunication tower that is not part of a collocation.

2. Any collocation that increases the overall height of an existing tower in order to add antennas.

3. Any building-mounted or roof-mounted antennas that are not screened from view.

4. Any small cell equipment attachments to private poles within the public right-of-way. Small cell equipment attachments on city-owned poles shall apply for a master license agreement and pole license with the public works department.

C. Exemptions. The following wireless communication facilities are exempt from the requirements of this chapter as specified below and are subject to compliance with other provisions of this title:

1. A wireless communication facility shall be exempt from the provisions of this section if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provide that the antenna is exempt from local regulation.

2. Satellite earth station (SES) antennas, which are two meters (6.5616 feet) or less in diameter or in diagonal measurement, located in any nonresidential zoning district. In order to avoid the creation of an attractive public nuisance, reduce accidental tripping hazards, and maximize stability of the structure, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.

3. Parabolic antennas, direct broadcast satellite (DBS) antennas and multi-point distribution service (MDS) antennas, which are one meter (3.2808 feet) or less in diameter or diagonal measurement, and television broadcast service (TVBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area.

4. Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit provisions of this chapter in compliance with the following standards:

a. Height Limits. Amateur radio antennas in any district may extend to a maximum height of 75 feet; provided, that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum permitted building height for the zone when not in operation.

b. Location Parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of five feet from interior property lines.

c. Tower Safety. All antennas shall be located within an enclosed fenced area or have a minimum five-foot-high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight feet.

5. Collocation on an existing telecommunications structure with a valid use permit.

6. Antennas placed on a building or rooftop that is completely screened from view.

D. General Development Standards. Unless otherwise exempt pursuant to subsection (C) of this section (Exemptions), the following general development standards shall apply to all wireless communication facilities:

1. All wireless communication facilities shall comply with all applicable requirements of the current uniform codes as adopted by the city and shall be consistent with the General Plan and this code, as well as other standards and guidelines adopted by the city.

2. To minimize the overall visual impact, new wireless communication facilities shall be collocated with existing facilities, with other planned new facilities, and with other facilities such as water tanks, light standards, and other utility structures whenever feasible and aesthetically desirable. To facilitate collocation when deemed appropriate, conditions of approval for conditional use permits shall require all service providers to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site when found to be feasible and aesthetically desirable. The applicant shall agree to allow future collocation of additional antennas and shall not enter into an exclusive lease for the use of the site.

3. At least 10 feet of horizontal clearance shall be maintained between any part of the antenna and any power lines unless the antenna is installed to be an integral part of a utility tower or facility.

E. Development Standards for Antennas (Excluding Amateur Radio Antennas). Unless otherwise exempt pursuant to subsection (C) of this section (Exemptions), the following development standards shall apply to receive-only antennas (ground- and building-mounted), parabolic antennas, and satellite earth stations as defined in this section:

1. Antenna Location. Parabolic antenna and satellite earth stations shall be ground-mounted in residential zoning districts. In all nonresidential zoning districts, the preference is for building-mounted antennas. No antenna shall be located in the required front or street side yard of any parcel unless entirely screened from pedestrian view of the abutting street rights-of-way (excluding alleys). In all zoning districts, ground-mounted antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function, and all portions of the structure/antenna shall be set back a minimum of five feet from any property line.

2. Height Limit. The height limit for a ground-mounted antenna is six feet. However, the height may be increased to a maximum of 15 feet if the setback distance from all property lines is at least equal to the height of the antenna and if the structure is screened in accordance with subsection (E)(3) of this section (Screening). Building-mounted and roof-mounted antennas shall not extend above the roofline, parapet wall, or other roof screen beyond a maximum of four feet or extend out from the face of the building or other support structure by more than 18 inches.

3. Screening. Ground-mounted antennas shall be screened consistent with the provisions of RCMC 23.731.080(A)(4) (Screening of Ground-Mounted Antennas).

F. Development Standards for Amateur Radio Antennas. Amateur radio antennas as defined in RCMC 23.1104.060 (Telecommunications definitions) may exceed the height limit and/or amend the setback provisions of the exempt amateur radio antenna structures only when said regulation will result in unreasonable limitations on, or prevent, reception or transmission of signals.

G. Development Standards for Towers. The following development standards shall apply to towers (including collocation facilities):

1. Site Design. All facilities (including related equipment) shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and/or camouflage, to be compatible with existing architectural elements, landscape elements, and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objective. A visual impact analysis is required to demonstrate how the proposed facility will appear from public rights-of-way (including public trails).

2. Safety Design. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.

3. Location. Towers shall not be located in any required front or street side yard in any zoning district. The setback distance from any abutting street right-of-way, residential property line, or public trail shall be equal to the height of the facility (tower and related equipment). Otherwise, the minimum setback distance from all other property lines shall be at least equal to 20 percent of the height of the tower. In order to facilitate collocations, setback distance will be waived for placement of antennas on existing towers when there is no increase in the overall height of the tower.

4. Height Limit. The height limit for towers shall be consistent with the maximum building height of the zoning district of the subject parcel. Exceptions to the height limit may be granted when the designated approving authority finds that reasonable alternatives do not exist to provide the necessary service. There is no height limit specified for collocations on existing structures, provided facilities are screened from view of abutting street rights-of-way or camouflaged by matching the color(s) and/or material(s) of the structure to which they are attached.

5. Lighting. Towers and related equipment shall be lit consistent with the provisions of RCMC 23.725.060(J) (Telecommunications Towers).

6. Landscape. Towers shall be landscaped consistent with the provisions of RCMC 23.716.060(E) (Telecommunication Towers).

7. Design/Finish. New towers shall be camouflaged whenever possible. If not feasible to camouflage, the tower and related equipment shall have subdued colors and nonreflective materials that blend with the colors and materials of surrounding areas.

8. Advertising. The tower and related equipment shall not bear any signs or advertising devices other than certification, warning, or other required seals or signs.

H. Development Standards for Small Cell Attachments on Private Poles within the Public Right-of-Way. All small cell attachments to private poles must acquire an administrative use permit (AUP). Small cell equipment attachments on city-owned poles shall apply for a master license agreement and pole license with the public works department.

1. Equipment shall be concealed or enclosed as much as possible in an equipment box, cabinet, or other unit that may include ventilation openings.

2. Equipment shelters, cabinets, or electrical distribution panels shall not be installed at ground level, except after all reasonable alternative pole locations have been explored and found unavailable or lacking in some substantial way and only with prior city approval upon a good faith showing of necessity, in city’s sole discretion. Ground-mounted equipment, if any, shall incorporate appropriate techniques to camouflage, disguise and/or blend the equipment into the surrounding environment. Any ground-mounted equipment shall not inhibit or block pedestrian path of travel and shall comply with the Americans with Disabilities Act (ADA) standards. Any ground-mounted equipment shall not obstruct or interfere with storm drainage facilities, drainage channels, or change the existing drainage pattern. City shall have sole discretion to approve or disapprove the installation of a battery backup unit, whether pole-mounted or ground-mounted.

3. Applicant shall verify each pole’s condition, size and foundation, and provide structural calculations and drawings for any pole-mounted equipment.

4. Any pole-mounted equipment shall be placed at least eight feet above sidewalks or 16 feet above streets on the street side of the pole, and shall not obstruct line of sight to any intersection, signage, traffic control devices or other directional markings.

5. Any pole-mounted equipment shall be incorporated into the design of the pole with the use of a shroud or other stealthing techniques.

6. Any pole-mounted equipment (excluding antenna) shall be no larger than 36 inches in height, 15 inches in width and shall not extend from the pole by more than 17 inches in any direction. All conduits, conduit attachments, cables, wires and other connectors shall be placed within the pole when feasible, or otherwise concealed from public view.

7. All antennas and associated cables, connectors, and hardware shall be placed within a shroud or equivalent. A maximum of one antenna shroud per pole is allowed (excluding any radio relay unit shroud).

8. The antennas and related equipment shall be constructed out of nonreflective materials, painted and/or textured to match the existing support structure and painted to blend with their surroundings. Paint shall be reviewed and shown on the approved plans and specifications.

9. Any fiber optic cable or wiring connecting the antenna to the equipment cabinet or pedestal shall be located inside the pole and shall be located underground to the equipment cabinet.

10. All other conduit, cable and wiring shall be located underground.

11. The height of a pole that includes pole-mounted equipment shall not exceed more than five feet above the height of the average pole in the area, as determined by the city.

12. Equipment must be high quality, safe, fire-resistant, modern in design, and attractive in appearance, all as approved by the city.

13. Any proposed small cell attachment equipment shall not be permitted upon any decorative poles.

I. Operation and Maintenance Standards.

1. Noise. All wireless communication facilities shall comply with the city’s noise ordinance (Chapter 6.68 RCMC).

2. Non-Ionizing Electromagnetic Radiation (NIER) Exposure. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To this end, no facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the city or by the county, state, or federal government.

J. Removal Provisions. In the event one or more antennas, towers, or related equipment are not operated for the provision of wireless telecommunication services for a continuous period of three months or more, such antenna, tower, and/or related equipment shall be deemed abandoned. The owner of same shall remove all such items within 30 days following the mailing of written notice that removal is required. If two or more providers of wireless telecommunication services use the antenna support structure or related equipment, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such providers. Failure to remove shall constitute a public nuisance and shall be enforced as such.

K. Effects of Development. The city shall not be liable if development within the city, after installation of the antenna, impairs antenna reception. [Ord. 11-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.3.020)].

23.907.030 Utility facilities and infrastructure.

A. Purpose and Applicability. The regulations contained in this section shall apply to utility facilities and infrastructure, as well as BESS facilities, as defined in RCMC 23.1104.040 (Land use definitions). The establishment of new utility facilities and infrastructure and BESS facilities shall be consistent with the allowed use provisions of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and the standards contained within this section, as well as other development standards as required in the underlying zoning district. Where the standards of the underlying district conflict with the standards herein, these standards shall apply. The intent of these provisions is to minimize the visual and physical impacts of the use on surrounding property by balancing the need for the facilities with a desire to minimize the visual impact.

B. Permit Requirements and Exemptions. To the extent allowed by state or federal law, the uses regulated by this section shall be subject to the allowed use and permit requirements of Article 3 of this title (Zoning Districts, Allowable Uses, and General Development Standards) and, where applicable, Chapter 23.1000 RCMC (Special Purpose Zones). In addition, such facilities may be subject to design review as required by Chapter 23.140 RCMC (Minor Design Review) or Chapter 23.141 RCMC (Major Design Review) and allowed by state and federal law.

C. Location Requirements for Transmission Lines and Pipelines.

1. General Location. Generally, transmission lines and pipelines shall be located within public rights-of-way (with approval of the public works director) or within dedicated easements for transmission lines (e.g., public utility easement).

2. Electrical Transmission Lines. Electrical transmission lines of 100,000 volts or greater capacity may be located in any zone and shall be located in easements or rights-of-way which permit access for maintenance with minimal disruption to surrounding properties. Preference shall be given to the location of transmission lines in the rank order specified below; every reasonable effort shall be exerted to avoid established residential areas. In the event SMUD determines that it has no alternative but to route a 100,000 volt or greater capacity transmission line through an established residential area, such lines shall be installed underground except when SMUD can demonstrate that it is not feasible to do so. “Feasible” shall be as defined in California Government Code Section 53096(c).

a. Within existing SMUD transmission rights-of-way or those anticipated for other projects proposed subject to this code.

b. Adjacent to railroads or adopted freeway routes.

c. Along or adjacent to major arterial streets where existing or planned uses are commercial or industrial.

d. Adjacent to or through existing or planned commercial, industrial, or agricultural uses.

e. Along arterial streets where residential uses designated in an adopted plan are RD-20 or greater density.

f. Through areas where land uses in an adopted plan are predominantly commercial, but include residential uses.

g. Through residential areas, including side and rear yards, irrespective of density.

D. Location Requirements for Fixed-Base Structures and Facilities and BESS Facilities. In siting fixed-base structures and facilities and BESS facilities, the city shall place preference on the locations listed below in the order listed. In any case, siting fixed-base facilities or BESS facilities within residential zoning districts, particularly those intended for multifamily housing, shall be a last resort. All new subdivisions and land planning (e.g., Specific Plans) shall include provisions for siting fixed-base facilities in dedicated, reserved locations that are identified with assistance from the utility service provider.

1. Sites zoned community service (CS), transportation corridor (T), or parks and open space (POS);

2. Areas within Specific Plans or special planning areas specifically identified for utility facilities and infrastructure uses or BESS facilities;

3. Sites zoned heavy industrial (M-2);

4. Sites zoned any limited commercial or mixed-use zoning district, provided the facility is not located at the intersection of two major streets;

5. Any other portion of a limited commercial or mixed-use zoning district not otherwise described above; or

6. Within a residential or agricultural zoning district.

E. Development Requirements for Fixed-Base Structures and Facilities.

1. Communication Substations. Communication substations shall be entirely located within an enclosed building, the design of which shall be consistent with the standards of the underlying zoning district and the citywide design guidelines, the intent being to integrate the design of the facility into the area in which it is located.

2. Electrical Substations and BESS Facilities.

a. Overhead electrical transmission lines of 100,000 volts or greater capacity shall be installed in such a manner as to minimize adverse visual impacts. When feasible, SMUD shall relocate and combine existing overhead transmission poles and lines with new installations.

b. Substations and BESS facilities shall be designed and constructed in such a manner as to minimize off-site visual and noise impacts. Planted or landscaped setbacks of at least 25 feet shall be provided on all property lines.

3. Potable Water Storage Facility. Potable water storage facilities shall observe all development standards of the underlying zoning district. Additionally, such facilities shall be screened consistent with the provisions of Chapter 23.731 RCMC (Fences, Walls, and Screening).

4. Treatment Plant. Treatment plants shall observe all development standards of the underlying zoning district, except that any treatment ponds or other structures that may emit an odor shall be located a minimum of 200 feet from a residential zoning district or residential use. The use shall also provide landscaping along the perimeter of the use, including a minimum 25-foot-wide landscape area and evergreen trees planted 30 feet on center. [Ord. 8-2023 § 3 (Exh. A); Ord. 11-2018 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 5.3.030)].