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Home My Public Portal About03-1284 f r ORDINANCE NO. 03-1284 AN ORDINANCE OF THE CITY OF CARSON ADOPTING AN AMENDMENT TO THE ZONING ORDINANCE OF THE CARSON MUNICIPAL CODE REGULATING WIRELESS TELECOMMUNICATION FACILITIES, INCLUDING AN AMENDMENT TO SECTION 9121.1 (USES PERMITTED) OF DIVISION 1 (USES PERMITTED) OF PART 2 (RESIDENTIAL ZONES), AN AMENDMENT TO SECTION 9131.1 (USES PERMITTED) OF DIVISION 1 (USES PERMITTED) OF PART 3 (COMMERCIAL ZONES), AN AMENDMENT TO SECTION 9141.1 (USES PERMITTED) OF DIVISION 1( USES PERMITTED) OF PART 4 (INDUSTRIAL USES), INCORPORATION OF SECTION 9138.15 (WIRELESS TELECOMMUNICATION FACILITIES) OF DIVISION 8 (SPECIAL REQUIREMENTS FOR CERTAIN USES) OF PART 3 (COMMERCIAL ZONES), AN AMENDMENT TO SECTION 9172.23.8 (SITE PLAN AND DESIGN REVIEW — APPROVAL AUTHORITY) OF DIVISION 2 (PROCEDURES BY TYPE) OF. PART 7 (PROCEDURES), AND AN AMENDMENT TO SECTION 918212 (TERMINATION OF EXISTING NONCONFORMING USE) OF DIVISION 2 (NONCONFORMITIES) OF PART 8 (IMPLEMENTING PROVISIONS). j THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1. Code Amendment. Section 9121.1 (Uses Permitted) of Division 1 (Uses Permitted) of Part 2 (Residential Zones) of Chapter 1 (Zoning) of Article IX (Planning and Zoning) is hereby amended by adding a new table entry to read as follows: ZONES "Wireless Telecommunication Facilities: RA RS RM Major Wireless Telecommunication Facilities, subject to the C C C requirement of Section 9138.15. Section 2. Code Amendment. Section 9131.1 (Uses Permitted) of Division 1 (Uses Permitted) of Part 3 (Commercial Zones) of Chapter 1 (Zoning) of Article IX (Planning and Zoning) is hereby amended by deleting the text: ZONES CN CR CG CA "Transmitter, receiver or repeater station-radio,television, C C C C" microwave. (See CMC 9133.) ,I - PanP 1 of 1.1— Telecommunication Ordinance \) Section 3. Code Amendment. Section 9131.1 (Uses Permitted) of Division 1,(Uses Permitted) of Part 3 (Commercial Zones) of Chapter 1 (Zoning) of Article IX (Planning and Zoning) is hereby amended by adding a new table entry to read as follows: ZONES 'Wireless Telecommunication Facilities: CN CR CG CA Minor Wireless Telecommunication Facilities, subject to the L L L L requirement of Section 9138.15. Major Wireless Telecommunication Facilities,subject to the C C C G" requirement of Section 9138.15. Section 4. Code Amendment. Section 9141.1 (Uses Permitted) of Division 1 (Uses Permitted) of Part 4 (Industrial Zones) of Chapter 1 (Zoning) of Article IX (Planning and Zoning), under the heading, "Uses Permitted In Commercial Zones," is hereby amended by adding the following entry: ZONES ML MH "Wireless Telecommunication Facilities(See CIVIC 9138.15): } Minor Wireless Telecommunication Facilities,subject to the requirement of Section L L 9138.15. Major Wireless Telecommunication Facilities,subject to the requirement of Section C C„ 9138.15. Section 5. Code Amendment. Section 9138.15 (Wireless Telecommunication Facilities) of Division 8 (Special Requirements for Certain Uses) of Part 3 (Commercial Zones) of Chapter 1 (Zoning) of Article IX (Planning and Zoning)'is hereby added to read as follows: "Section 9138.15 Wireless Telecommunication Facilities A. Purpose: The purpose and intent of this division is to provide uniform and comprehensive standards for the development of wireless telecommunication facilities in accordance with existing Federal Law while minimizing the aesthetic impacts through the use of carefully chosen siting and design criteria. The regulations contained herein are designed to protect and promote public health, safety and welfare, and aesthetic qualities within the community. At the same time, the intent is to comply with the Telecommunications Act of 1996, to not unduly restrict the development of necessary telecommunications facilities and encourage managed development of telecommunications infrastructure while providing a public forum to ensure a balance between public concerns and private interest in establishing such facilities. - 710411.1 Page 2 of 13— B. Definitions 1. Amateur radio service — A noncommercial, two-way radio communications service operated by licensed amateurs using shared frequencies. 2. Antenna height - The vertical distance from the existing or proposed grade, whichever is lower, to the highest part of the antenna. 3. Building-mounted facilities - All wireless telecommunication facilities mounted or attached in any way to an existing building. The building must serve a primary use other than as a site for a wireless telecommunication facility. 4. Cell on wheels or COW - A wireless telecommunication facility which is temporarily rolled in or temporarily installed. 5. ' Co-location -The placement of more than one wireless telecommunication facility on an existing building or freestanding structure. 6. Enhanced 911 Emergency Calling Systems" (E911) - A service which allows public safety personnel, including police and fire departments, to automatically identify the phone number and location of a person making an emergency call . 1 from a mobile source. 7. Fagade-mounted - The mounting of antennae directly to the fascia or sidewall of a building and stealthed into the architectural design of the wall. 8. Facility - A telecommunication facility that transmits and/or receives electromagnetic signals which include, but is not limited to: the combination of antennae, transmitters, masts, cabinets, and equipment rooms; telecommunication towers, monopoles, or similar structures supporting said equipment; screening devices including walls and landscaping; and parking area and other accessory development. 9. Ground-mounted - A wireless telecommunication facility in which the antennae are located on a freestanding pole or structure, other than a building, attached to the ground. These antennae do not use a building or ancillary structure(s) for mounting purposes. 10. Height- The distance measured from the average finished grade surrounding the facility to the highest point on the facility. In the case of a building tower, the height includes the portion of the building on which it is mounted. Towers that are adjustable in height shall use the maximum height which the structure is capable of reaching. - Page 3 of 13— 710411.1 I 11. Major Wireless Telecommunication Facility — A facility other than a minor wireless telecommunication facility, which includes facilities on freestanding structures and facilities that are not stealthed. A facility located within a residential zone, regardless of stealth design, is considered a major wireless telecommunication facility. 12. Minor Wireless Telecommunication Facility — A facility that includes microcells and building-mounted facilities that are stealthed, including fagade-mounted (wall-mounted) and roof-mounted stealthed facilities. Enhanced 911 Emergency Calling Systems (E911) required by the Federal Communications Commission are considered minor wireless telecommunication facilities if they are stealthed into the design of an existing building-mounted or freestanding facility. 13. Multiple User — A telecommunication facility comprised of multiple towers or buildings supporting one or more antennae owned or used by more than one public and/or private entity, excluding research and development industries with antennae to serve internal uses only. 14. Non-building-mounted Wireless Facilities — Individual wireless facilities, which are freestanding and not mounted on or attached in any way to an existing building, or that are attached to a structure.whose primary purpose is to house or serve as a mounting location for wireless telecommunication equipment. 15. Non-stealth—Any facility not camouflaged in a readily apparent manner to blend with surrounding land uses and features. The design does not conceal the intended use of the- facility and incorporates no readily apparent elements of stealth technology or design. A -standard monopole with equipment cabinets aboveground and unscreened would be considered non-stealth. 16. Personal Communications Services (PCS) — A term coined by the Federal Communications Commission; it describes a two-way voice and digital, wireless telecommunications system. PCS encompasses cordless phones, cellular mobile phone paging systems, personal communications networks, wireless office _ phone systems and any other wireless telecommunications systems that allow people to place and receive voice/data calls while away from home and office. 17. Site Justification Study — A study performed pursuant to certain requirements which explains the demands and rationale that led to the selection of a particular location and design for a wireless telecommunication facility. The study may include information pertaining to the interrelationship between a specific site and other sites in the local network area. 18. Stealth — Camouflaged or designed to blend with the surrounding environment and land uses, minimize aesthetic impact on adjacent uses, and conceal the intended use and appearance of the structures. -Page 4 of 13— 710411.1 3 19. Tower — Any structure, or support thereto, that is designed and constructed primarily for the purpose of supporting one or more antennae for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. C. Applicability The procedures and rules set forth in this division are applicable to all new wireless telecommunication facilities, and all modifications or additions to existing wireless telecommunication facilities constructed prior to the date this ordinance became effective, in the City of Carson, except for wireless telecommunication facilities on City- owned or leased lots or parcels, or within public right-of-ways. This division does not apply to the use or location of private, residential citizen band radio towers, amateur radio service, television antennas, or private residential dish antennas less than one meter in diameter, used for receiving radio frequency or television signals, or public safety communications facilities owned or operated by the City of Carson or any emergency agencies such as the Fire Department or Sheriffs Department. D. Procedural Standards i 1. Minor Wireless Telecommunication Facilities - Minor wireless communication facilities shall be subject to the approval of a development plan in accordance with the Site Plan and Design Review procedures as provided in Section 9172.23, except that the Planning Division shall be the approval authority except if the property is located within 100 feet of a residential zone. In considering applications for minor wireless communication facilities, the Planning Division shall be guided by the provisions of Subsections F (Development and Design Standards) and H (Findings) of this Section. The Planning Division shall render a decision in writing, with findings, and conditions, subsequent to receipt of a complete application. The Planning Division's decision shall be final unless a written appeal is filed pursuant to Section 9173.4. 2. Major Wireless Telecommunication Facilities Major Wireless Telecommunication Facilities shall be subject to the approval of a development plan in accordance with the Site Plan and Design Review procedures as provided in Section 9172.23 and Conditional Use Permit procedures as provided in Section 9172.21. In considering applications for major wireless communication facilities, the Planning Commission shall be guided by a the provisions of Subsections F (Development and Design Standards) and H J Page 5 of 13— 710411.1 (Findings) of this Section. The decision of the Planning Commission shall be final unless a written appeal is filed pursuant to Section 9173.4. E. Application Requirements The following information shall be provided concurrently with any application submitted pursuant to Section 9173.1: 1. Co-Location Statement (if necessary)—This statement must be signed by all co- locating providers agreeing to the co-location. 2. Utility Easement Encroachment Agreement (if necessary) — A letter of consent must be provided by the utility purveyor(s) if their easement will be encroached upon. 3. Local Facilities Map — Show existing facilities and coverage areas in the City (At the applicant's request, the City will make every effort to ensure the confidentiality of information which is considered to be of a proprietary nature. Said information will be used for municipal planning purposes only). 4. Site Justification Study — A study which explains the demands and rationale for selecting a particular location and design for a wireless telecommunication i facility. The study may include. information pertaining to the interrelationship between a specific site and other sites in the local network area. F. Design and Development Standards 1. Setbacks No wireless telecommunication facility shall be located within or extend into the required setbacks established in the applicable zone. 2. Height a. Wireless telecommunication facilities utilizing a freestanding support structure shall be limited to the maximum building height for the applicable zoning district. b. In zoning districts with no maximum height limit, a wireless telecommunication facility which utilizing a freestanding support structure shall not exceed 50 feet in height above the ground. c. New wireless telecommunication facilities constructed on existing structures shall not exceed the height of the existing structure, except for roof-mounted facilities on existing buildings which may project up to the maximum height limit described in this section or five feet above the roof or parapet from where i it is attached, whichever is higher. - Page 6of13 710411.1 d. The Planning Commission may consider approval of facilities to exceed the maximum height limit described in this section subject to approval of a conditional use permit. Such conditional use permit for new facilities shall authorize a height limit in conformance with Subsection G (Minor Exceptions) of this Section. Such conditional use permit for existing facilities lawfully erected prior to may authorize a height limit greater than Subsection G (Minor Exceptions) of this Section provided there is no expansion or intensification to the facility. 3. Wiring All electrical and equipment wiring shall be placed underground or concealed within the building or structure in which the facility will be mounted. 4. Painting The wireless telecommunication facility and supporting structure(s) shall be painted a single, neutral, non-glossy color that matches the color of the structure to be mounted on or to the color of the surrounding environment subject to the satisfaction of the Planning Manager. 5. Lighting All wireless telecommunication facilities, except exempt facilities, shall be unlit, except for a manually-operated or motion-detector controlled light above the equipment door which shall be used only for personnel maintenance purposes. This requirement is not intended to address interior structure lighting. 6. Noise a. All wireless telecommunication facilities, except exempt facilities, shall be constructed and operated in such a manner as to meet the requirements of the Noise Ordinance. b. Backup generators shall only be operated during power outages and for testing and maintenance purposes. _ c. If the facility is located within one hundred feet of a residential dwelling unit, noise attenuation measures, including redesign or screening, shall be included to reduce exterior noise levels to meet the requirements of the Noise Ordinance. 7. Signs The display of any sign or any other graphic on a wireless telecommunication facility or on its screening is prohibited, except for signs for health, safety, and welfare purposes, which is required to be posted in case of an emergency. -Page 7 of 13— 710411.1 L Emergency signs shall be visibly posted at the facility and shall include contact information, including the phone number of the utility provider. G. Minor Exceptions The design standards for setbacks and height listed in Subsection F may be modified by not more than twenty percent by the Planning Commission if at least one of the following findings is made based on evidence submitted by the applicant: 1. Existing natural geographic conditions preclude an obstruction-free reception area and there is no other option, including relocation, available. 2. Relief from the development standards results in a more appropriate design which minimizes the visual impact of the facility. 3. The antenna height must be increased in order to accommodate the establishment of a co-located facility and there is no other option-available. 4. Visual impacts are negligible because the facility is designed to architecturally integrate with the surrounding environment. H. Required Findings In addition to the provisions of Section 9172.21 and 9172.23 of this Code, the Planning Division or Planning Commission shall approve a development plan and conditional use permit for a wireless telecommunication facility if affirmative findings can be made based upon the following criteria: 1. The proposed site is the best alternative after considering co-location with another facility and location at another site. 2. The proposed wireless telecommunication facility will be located and designed to minimize the visual impact on surrounding properties and from public streets, including adequate screening through the use of landscaping that harmonize with the elements and characteristics of the. property and/or stealthing which incorporates the facility with the structure in which it will be mounted through use of material,color, and architectural design. 3. The proposed wireless telecommunication facility is not located on any residential-dwelling or on any property which contains a residential dwelling, except as may be associated with a church, temple, or place of religious worship. 1. Maintenance .The site shall be maintained in a condition free of trash, debris, and refuse. All graffiti must be removed within 72 hours. J. Temporary Facilities 1. The Planning Division may approve, for a period of up to 90 days, a temporary telecommunication facility to provide service while an approved -Page 8 of 13— 710411.1 I ' j telecommunication facility is being fabricated or when an existing antenna has been damaged or destroyed. The Planning Division may extend the 90-day period at the request of the applicant for 30-day intervals if the applicant can prove that there is a hardship that is delaying the issuance of permits for the permanent facility. 2. The temporary facility may only be approved after the approval authority has approved or conditionally approved an application for a wireless telecommunication facility and the project proponent has signed and returned a copy of the affidavit of acceptance of conditions of approval to the Planning Division. 3. The Planning Division shall approve the actual location and design of the temporary facility consistent with the requirements of Subsection F (Design and Development Standards). 4. The Planning Division or Public Safety Division shall have the authority to approve a Temporary Use Permit for Wireless Telecommunication Facilities needed during a declared emergency. Temporary facilities shall be removed not later than 10 days after the conclusion of the declared emergency. K. Non-conforming Facilities Any facility constructed in violation of this Division, or in violation of any part of this Code, is subject to immediate abatement. Any major telecommunication facility that is lawfully constructed prior to the effective date of this Division, shall be deemed a nonconforming use and will be subject to the provision of Section 9182.21 and Section 9182.22. L. Facility Removal 1. Discontinued Use/Abandonment. The operator of a lawfully erected facility, and the owner of the premises upon which it is located, shall promptly notify the Planning Division in writing in the event that the use of the facility is discontinued for any reason. In the event the facility is discontinued or abandoned for a period of more than 180 days, then the owner(s) and/or operator(s) shall promptly remove the facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes at the owner's and/or operator's expense.. All such removal, repair and restoration shall be completed within 90 days after the use is discontinued or abandoned, and shall be performed in accordance with all applicable health and safety requirements. t -Page 9 of 13— 710411.1 " 2. Utility-Mounted Facility Removal or Relocation. All utility-mounted facilities shall be removed or relocated at the facility owner's expense when a City-approved project requires relocation or undergrounding of the utility structure on which the facility is mounted. Section 6. Code Amendment. Section 9172.23.8 (Site Plan and Design Review Approval Authority) of Division 2 (Procedures by Type) of Part 7 (Procedures) of Chapter 1 (Zoning) of Article IX (Planning and Zoning)-is hereby amended by adding the following text (underlined): B. Approval Authority. 1. An application for approval of a Development Plan shall be submitted to the Commission for determination in any case involving any of the following: a. Any construction of a new building or structure having an estimated valuation of$50,000 or more. b. Any expansion, addition, alteration or repair to an existing structure, or other construction if the estimated cost of the work is $50,000 or more and the work involves changes in exterior architectural design, landscaping design or parking facilities. c. Any conversion of a residential structure to a commercial use if the estimated cost of the work is less than $50,000. d. Any Major Wireless Telecommunications Facility and Minor Wireless Telecommunications Facility located within 100 feet of a residential zone. 2. The Director shall have the authority to approve a Development Plan for work involving any of the following: a. Any construction of a new building or structure.having an estimated valuation less than $50,000. b. Any expansion, addition, alteration-or repair to the exterior of an existing structure, or other construction, except for any conversion of a residential structure to a commercial use, if the estimated cost of the work is less than $50,000 and the work involves changes in exterior architectural design, landscaping design or parking facilities. c. Any construction. involving only interior modifications to an existing building, regardless of the estimated valuation of the work. d. Signs. e. Solar energy equipment installation. f. Fences, walls and hedges. -Page 10of13- 7aoal0.f g. Minor Wireless Telecommunication Facilities not located within 100 feet of a residential zone regardless of estimated valuation. The valuation of construction delineated by this subsection shall be established by the Building Official, using as a guide, the Marshall Valuation Service compiled by the Marshall and Swift Publication Company. Section 7. Code Amendment. Section 9182.22.A (Termination of Existing Nonconforming Uses — The time period indicated in the following table measured from the date of becoming a nonconforming use) of Division 2 (Nonconformities) of Part 8 (Implementing Provisions) of Chapter 1 (Zoning) of Article IX (Planning and Zoning) is hereby amended by adding the following text (underlined): "Wireless telecommunication facility,-transmitter, receiver or F75y- at.the ears repeater station —radio, television, microwave. end of the list of uses as follows: A. The time period indicated in the following table measured from the date of becoming a nonconforming use Use Allowable Life Use of land without buildings or structures i 1 year Use involving only buildings or structures which would not require a building permit to replace such buildings or structures 3 years (but not including a mobile home park). Mobile home park; mobile homes on individual lots. 135 years Use involving buildings or structures which would require a [2.0 years building permit to replace such buildings or structures. ........ ...:... Fo-utd advertising use. 5 years, Trailer parks. 20 years Producing oil wells, oil storage tanks. 120 years Sale of convenience goods at automobile service stations within [20 years 300 feet of any school. Arcades. 5 years - Page 11 of 13— 710411.1 Use Allowable Life Existing indoor mini-marts, auction house. 10 months Truck-related uses defined in CIVIC 9148.8_ which require a 1 year conditional use permit. Cargo Container Storage; provided, however,-that effective February 5, 1988, 6 months (1) No cargo container storage shall be permitted within fifty(50) feet of any residentially zoned property which involves any stacking more than one (1) container high; (2) No cargo container storage shall be permitted within one hundred (100)feet of any residentially zoned property which involves any stacking more than two (2) containers high; and (3) In no event shall any cargo container storage be permitted on any site which involves any stacking more than 3 containers high. Expires Existing food/grocery stores in residential zones. December 31, 2003 Multiple-family residential uses located within a Mixed-Use Residential (MUR) Overlay District with 10 or more units (except 2 years existing mobile home parks), subject to CIVIC 9182.24. Residential uses located within a Mixed-Use Residential (MUR) Fyears Overlay District with 9 units or less, subject to CIVIC 9182.24. Adult business. 5 years "Wireless telecommunication facility, transmitter, receiver or „ repeater station —radio, television, microwave. [5_years -Page 12 of 13— 710411.1 ` -, PASSED, APPROVED and ADOPTED this 17th day of June 2003. ATTEST: /s/ Helen S. Kawagoe /s/ Daryl Sweeney CITY CLERK MAYOR APPROVED AS TO FORM: /s/ Peter Thorson CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON } I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 03-1284, passed first reading on June 3, 2003, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 17th day of June, 2003, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Sweeney, Calas,Dear, Santarina, and Raber NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None /s/ Helen S. Kawagoe City Clerk, City of Carson, California -Page 13 of 13— 710411.1 .j