HomeMy Public PortalAboutOrdinance 1115ORDINANCE NO. 1115
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT, CALIFORNIA
AMENDING TABLE 17.03-3 "PERMITTED USES FOR BASE ZONE DISTRICTS"
AND
ADDING CHAPTER 17.18 "WIRELESS TELECOMMUNICATIONS FACILITIES," OF
THE BEAUMONT MUNICIPAL CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT,
RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS:
SECTION 1. CEQA. The City Council finds that the actions contemplated by this
Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant
to 15061(b)(3), CEQA review is not required because there is no possibility that this
Ordinance may have a significant effect upon the environment and the proposed text
amendments constitute a minor alteration in a land use limitation under CEQA
Guidelines Section 15305, and such a land use limitation is a permissible exercise of
the City's zoning powers.
SECTION 2._Severability. The City Council hereby declares that if any provision,
section, paragraph, sentence, or word of this Ordinance is rendered or declared to be
invalid or unconstitutional by any final court action in a court of competent jurisdiction, or
by reason of any preemptive legislation, such invalidity shall not affect the other
provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end
the provisions of this Ordinance are severable. The City Council declares that it would
have adopted this Ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed, and the balance of the
Ordinance enforced.
SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance
nor the repeal of any other ordinance of this City shall in any manner affect the
prosecution of any violation of any City ordinance or provision of the City of Beaumont
Municipal Code, committed prior to the effective date hereof, nor be construed as a
waiver of any penalty or the penal provisions applicable to any violation thereof.
SECTION 4. The City Council hereby amends Title 17, Table 17.03-3, entitled
"Permitted Uses for Base Zone Districts" to the Beaumont Municipal Code, to modify the
portion of the table as it pertains communication facilities, as follows.
Table 17.03-3
Permitted Land Uses For Base Zone
Districts
RC
PF
RR
RSF
RMF
CG
CC
M
CM
Cellular Communication
Facilities
C
N
N
N
N
GGGG
Cellular Wireless
C
N
N
N
N
CCCC
Telecommunication
Facility — Stealth
Cellular Non Stealth
14
1
N
N
N
G
G
G
G
SECTION 5. The City Council hereby amends Title 17, to add Chapter 17.18, entitled
"Wireless Telecommunication Facilities" to the Beaumont Municipal Code, to read as
specifically set forth in Exhibit "A", which Exhibit is attached hereto and made a part
hereof.
SECTION 6. Effective Date and Publication. The Mayor shall sign and the City Clerk
shall certify to the passage of this Ordinance and cause the same or a summary thereof
to be published within 15 days after adoption in accordance with Government Code
Section 36933. This Ordinance shall take effect 30 days after adoption in accordance
with Government Code Section 36937.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont,
California, approves an amendment to the City Code.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of
the City Council of the City of Beaumont, California, held on the 19th day of November
2019, by the following roll call vote:
AYES: White, Lara, Carroll, Santos, Martinez
NOES
ABSENT
ABSTAI N
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Beaumont, California, held on the 3rd day of December 2019.
AYES: White, Lara, Carroll, Santos, Martinez
NOES:
ABSENT:
ABSTAIN:
2
City Clerk
Approved as to form:
John a Pink y, City Attorney
3
Exhibit A
WIRELESS TELECOMMUNICATION FACILITIES ORDINANCE
Section 17.18.110. Purpose and authority
Section 17.18.120. Definitions
Section 17.18.130. Applicability
Section 17.18.140. Exempt facilities
Section 17.18.150. Nonconforming facilities
Section 17.18.160. Distances
Section 17.18.170. Processing procedures
Section 17.18.180. Application requirements
Section 17.18.190. General development standards and guidelines for wireless facilities
Section 17.18.200. Additional development standards for wireless facilities
Section 17.18.210. Public property facilities
Section 17.18.220. Review, modification, and revocation of permits
Section 17.18.230. Removal of facilities
Section 17.18.240. Severability
17.18.110 Purpose and intent.
A. Purpose. The purpose of this chapter is to regulate the location and design of
wireless telecommunication facilities.
B. Intent. The intent of this chapter is to facilitate the orderly development and
deployment of wireless telecommunication facilities in a manner that promotes
the public health, safety, and welfare of the city's residents and is consistent with
the goals and policies of the City of Beaumont's General Plan. It is furthermore
intended that, the protection of property values and the enhancement of the city's
aesthetic appearance be achieved by maintaining the architectural and structural
integrity of wireless telecommunication facilities and the protection of views from
obtrusive and unsightly accessory structures. It is further the intent of this chapter
to create reasonable regulations in conformance with the provisions of the
Telecommunications Act of 1996 and other applicable federal law while ensuring
access to telecommunication services and promoting fair competition among
telecommunication service providers. Additionally, the intent includes
establishing regulations that do not preclude antennas from receiving a signal of
acceptable quality or unreasonably delay, prevent, or increase the cost of
installation, maintenance, or use of such antennas.
C. The city has found and determined that the regulations established in this
chapter are necessary to attain the purpose and intent as stated. These
regulations shall supersede any applicable provisions of the Beaumont Municipal
Code pertaining to such wireless telecommunication facilities, including
antennas, support structures, and accessory structures.
17.18.120 Definitions.
4
For the purposes of this article, and where not otherwise inconsistent with the context of
a particular section, the following words, terms, phrases, abbreviations, and derivations
shall have the meanings given herein. The word "shall" is always mandatory and not
merely directory. If a definition is not listed in this section, Section 17.14.030 of the
Beaumont Municipal Code shall be referenced.
Antenna means a device or system of wires, poles, rods, dishes, disc or similar
devices used for the transmission and/or receipt of electromagnetic waves.
Antenna structure means an antenna, any structure designed specifically to
support an antenna, and/or any appurtenances mounted on such structure or antenna.
Cell means the coverage area through which wireless receiving and transmitting
equipment from a particular cell site successfully propagates.
CEQA means the California Environmental Quality Act, Section 21000 et seq. of
the Public Resources Code of the State of California.
City refers the City of Beaumont, California.
Colocated or colocation means the location of multiple antennas which are either
owned or operated by more than one service provider at a single location and
mounted to a common supporting structure, wall, or building.
Commercial mobile service means any mobile service that (1) is offered in return
for monetary compensation, (2) is available to the public or a substantial portion of the
public, and (3) provides subscribers with the ability to access or receive
communication from the public switched telephone network. Commercial mobile
service includes, but is not limited to, paging service, wireless data transmission,
cellular telephone service, specialized mobile radio service (SMR), and personal
communications services (PCS).
Fixed wireless service means any service providing radio communication to or
from antenna structures at fixed and specified locations which are not designed to be
moved during operation and which offers the ability to access or receive
communication from the public switched telephone network.
Ground mounted means a wireless telecommunication facility that is mounted to a
monopole or other freestanding structure that is specifically constructed for the
purpose of supporting an antenna.
Lattice tower means a tower -like structure used to support antennas and
comprised of up to two or more steel support legs.
Microwave communication means the transmission or reception of radio
communication at frequencies of a microwave signal (generally, in the 2GHz to
300GHz frequency spectrum).
5
Mobile service means any temporary service providing radio communication to or
from at least one antenna that is designed to be moved during operation or used
during halts at unspecified locations; or as otherwise defined in 47 USCS Section 153
and interpreted by the Code of Federal Regulations and the Federal Register.
Monopole means a structure composed of a single spire, pole, or tower used to
support antennas or related equipment
Mounted means any manner of attachment, support, or connection, whether on
the ground or on a structure.
Multipoint distribution service means a microwave communications service that
delivers video programming directly to subscribers, including multichannel multipoint
distribution services, instructional television fixed services, and local multipoint
distribution services, or as otherwise defined by Section 207 of the
Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal
Regulations and any interpretive decisions thereof issued by the Federal
Communications Commission.
Radio communication means the transmission and/or reception of impulses,
writing, signs, signal, pictures, and sounds of all kinds through space by means of
electromagnetic waves.
Roof mounted means a facility that is mounted on any structure that is not
specifically constructed for the purpose of supporting antennas, does not meet the
definition of a ground, wall, or utility mounted facility, and is typically mounted on the
roof of a building.
Satellite antenna means a device used to transmit and/or receive radio or
electromagnetic waves between terrestrially and orbitally-based uses. This definition is
meant to include, but not limited to, what are commonly referred to as satellite earth
stations, TVROs (Satellite Television Receiving Antenna), and satellite microwave
antennas.
Stealth facility means any wireless telecommunication facility which is designed to
blend into the surrounding land, typically one that is architecturally integrated into a
building or other concealing structure, also known as a disguised or stealth facility.
Structure is as defined in section 17.14.030.
Surplus space or surplus capacity means that portion of usable space on a utility
pole or other telecommunication facility which has the necessary clearance from other
users, as required by the orders and regulations of the California Public Utilities
Commission to allow its use by a telecommunication carrier.
Telecommunication means the transmission, between or among points specified
by the user, of information of the user's choosing, without change in the form or
content of the information as sent and received.
6
Utility mounted means a facility that is mounted to an existing above -ground
structure that is specifically designed and originally installed to support electrical
power lines, cable television lines, street lighting, traffic signal equipment, park lighting
or a structure on public or private property deemed by the city to be similar in nature.
Wall mounted means a facility that is mounted on any vertical surface or nearly
vertical surface of a building or other existing structure that is not specifically
constructed for the purpose of supporting an antenna: the exterior walls of a building,
an existing parapet, the side of a water tank, the face of a church steeple, or the side
of a freestanding sign such that the highest point of the antenna is at an elevation
equal to or lower than the highest point of the surface on which it is mounted.
Wireless telecommunication carrier, wireless carrier, or carrier means 1) any
owner, by way of fee ownership, lease, or management agreement of any wireless
telecommunication system or wireless telecommunication facilities, or 2) the direct or
indirect provider of wireless telecommunication services whether the wireless
telecommunication service is offered by the owner of the wireless telecommunication
system, an affiliate, or related entity, by way of ownership, lease, control, or operation
of a wireless telecommunication system. A person shall be deemed a wireless
telecommunication carrier, even if it does not directly provide wireless
telecommunication services, if it rents or leases a wireless telecommunication system
and/or wireless telecommunication facilities to another person which provides wireless
telecommunication services.
Wireless telecommunication accessory equipment, wireless accessory equipment,
accessory equipment, or equipment means any equipment installed, mounted,
operated, or maintained in close proximity to an antenna structure or to receive,
transmit, or store signals or information received by or sent from an antenna. For the
purposes of this chapter, facilities are categorized by the manner in which antennas
are mounted and not by the placement of accessory equipment. It is presumed that all
facilities shall include accessory equipment, which shall not affect how the facility is
mounted.
Wireless telecommunication facility, wireless facility, or facility means an antenna
structure and any accessory structure or accessory equipment that is used in
connection with the provision of wireless telecommunication service.
Wireless telecommunication service, wireless service, or service means any type
of service providing radio communications that satisfies the definition of commercial
mobile service, fixed wireless service, wireless video service, wireless cellular service,
or wireless voice service.
Wireless video service means any service providing radio communication which
delivers video programming.
17.18.130 Applicability.
Subject to the exemptions established in section 17.18.140 and 17.18.210, wireless
telecommunication facilities shall comply with the provisions of this chapter as follows:
7
A. All wireless telecommunication facilities which are erected, located, or modified
within the city on or following the effective date of this section shall comply with
the provisions of this chapter.
B. All wireless telecommunication facilities for which a conditional use permit
application was determined by the city to be complete prior to the effective date
of this section but did not receive approval of the conditional use permit prior to
the effective date of this ordinance shall comply with the provisions of this
chapter.
C. All wireless telecommunication facilities for which a conditional use permit,
building permits and any extension thereof have expired shall comply with the
provisions of this chapter.
17.18.140. Exempt facilities.
A. The following uses shall be exempt from the provisions of this chapter until such
time as federal regulations are repealed or amended to eliminate the necessity of
the exemption:
1. Any antenna structure that is one meter (39.37 inches) or less in diameter
and is designed to receive direct broadcast satellite service, including
direct -to -home satellite service, as defined by Section 207 of the
Telecommunications Act of 1996, Title 47 of the Code of Federal
Regulations, and any interpretive decisions thereof issued by the Federal
Communications Commission.
2. Any antenna structure that is two meters (78.74 inches) or less in diameter
located in a commercial or industrial zone and is designed to transmit or
receive radio communication by satellite antenna.
3. Any antenna structure that is one meter (39.37 inches) or less in diameter
or diagonal measurement and is designed to receive multipoint distribution
service, provided that no part of the antenna structure extends more than
12 feet above the principal building on the same lot.
B. The following uses shall be exempt from the provisions of this chapter, so long as
the antenna structure complies with all other zoning requirements:
1. Any antenna structure that is designed and used solely to receive UHF,
VHF, AM, and FM broadcast signals from licensed radio and television
stations.
2. Any antenna structure that is designed and used solely in connection with
authorized operations of an amateur radio station licensed by the FCC
(i.e., a "HAM" radio transmission).
17.18.150. Nonconforming facilities.
A. All wireless telecommunication facilities for which a request for final approval or
equivalent certificate was completed by the city prior to the effective date of this
article shall be subject to Chapter 17.08 of the Beaumont. Municipal Code
8
regarding non -conformities and any additions and/or modifications to the facility
or its use shall comply with the provisions of this chapter.
B. All wireless telecommunication facilities for which a conditional use permit was
approved by the city prior to the effective date of this chapter and a request for
final approval or equivalent certificate has been completed by the city within 90
days of the effective date of this article shall be subject to Chapter 17.08 of the
Beaumont Municipal Code regarding non -conformities and any additions and/or
modifications to the facility or its use shall be subject to the provisions of this
chapter.
C. All wireless telecommunication facilities constructed or erected prior to the
effective date of this chapter that are in violation of applicable laws, ordinances,
or other regulations shall be considered an illegal nonconforming facility and shall
be subject to abatement as a nonconforming use pursuant to Chapter 17.18 of
the Beaumont Municipal Code.
17.18.160. Distances
A. For the purposes of this chapter, all distances shall be measured in a straight line
without regard to intervening structures, from the nearest point of the proposed
wireless telecommunication facility to the relevant property line at a point five feet
above the ground.
17.18.170. Processing procedures.
A. All stealth and non -stealth facilities shall be permitted in the applicable zone
subject to the following table:
Zone
Stealth Facility
Non -Stealth Facility
RC, CG, CC, M, CM, 6th St, BAO & UVO
CUP
Not permitted
PF, RR, RSF & RMF
Not permitted
Not permitted
B. All conditional use permits required for stealth facilities shall be subject to the
city's design review committee. No application for a wireless telecommunication
facility shall be considered by the planning commission prior to receiving the
development review committee's recommendation.
17.18.180. Application requirements.
A. Each applicant applying for a conditional use permit to construct, locate, mount,
operate, and maintain a telecommunication facility shall submit a completed
conditional use permit application per the requirements of section 17.02.100 of
the Beaumont Municipal Code.
B. In addition to the requirements of section 17.02.100 for submittal of a conditional
use permit application, each submittal to construct, locate, mount, operate, and
maintain a wireless telecommunication facility shall provide, as part of the
application submittal, supplemental information as required in this section and
9
determined by the community development director to be necessary to provide
sufficient information to meet the intent of this chapter.
C. Each application shall contain an accurately dimensioned site plan that shows
1. The location of the entire facility, including antenna structure, accessory
structures and support equipment;
2. The location of all guy -wires;
3. The location of all above and below ground wiring and connection cables;
4. The location of existing and proposed easements on the property affecting
any part of the facility;
5. The location, size and type of existing and proposed landscaping; and
6. The distance between the antenna structure and any existing or proposed
accessory structures and supporting equipment.
D. Each application shall provide accurately dimensioned elevations that show
1. Each side of the entire facility, including antenna structure, accessory
structures and support equipment, with dimensions identified;
2. The height of any existing and proposed structure(s) and support
equipment; and
3. The height of any panels, microwave dishes, or antennas.
E. Each application shall contain a letter of justification accompanied by written
documentation that explains the applicant's efforts to locate the facility in
accordance with the screening and site selection criteria contained in sections
17.18.190 and 17.18.200.
F. Each application shall contain a narrative, photographs, and a map that discloses
the exact location and illustrates the type and construction of any and all existing
facilities that are owned, operated or used by the applicant within the city, or
within one mile of its borders, as well as any proposed or planned sites within
said boundary that may reasonably be known to the applicant at the time the
application is made.
G. Each application shall contain a narrative and appropriate map that disclose the
purpose of the facility and the service to be provided, the geographic area(s)
within the city that will be serviced by the proposed facility, and the geographic
area(s) bordering the city, if any, that will be serviced by the proposed facility.
10
H. Each application shall contain a radio -frequency (RF) report prepared by a
qualified RF engineer to demonstrate that the proposed facility, as well as any
colocated facilities, complies with current Federal RF emission standards. This
RF report shall also include signal strength exhibits, including calculations and
measurements under maximum loading conditions.
I. Each application shall contain computerized visual assessments or other exhibits
equivalent in form and manner acceptable to the planning director showing the
before and after visual appearances of the proposed facility.
J. Each application shall contain a description of the required maintenance visits to
the site and security proposed to protect the site from vandalism and trespass.
K. Each application shall contain a preliminary environmental review in accordance
with the city submittal requirements, with special emphasis placed on the nature
and extent of visual and public health and safety impacts to the extent permitted
by federal law.
L. Each application shall contain evidence of any required licenses and approvals to
provide wireless telecommunication service.
M. Applicants are separately required to obtain all applicable federal, state and local
permits, including building and construction permits that may be required prior to
erecting or installing the facility, including, but not limited to, a certificate of public
convenience and necessity for a facility in the public right of way.
N. Each application shall provide any other necessary information as may be
required by the planning director.
O. The community development director shall determine applicable entitlement
processing fees and deposits for the application, as established by city council
resolution, including any applicable contract staff fees and/or deposits for the
purpose of review of the application.
P. Any application that is improperly submitted or fails to contain all of the
information as required by the Beaumont Municipal Code, including this chapter,
shall be deemed incomplete.
17.18.190. General development standards and guidelines for wireless facilities.
A. Development standards for stealth facilities. All wireless telecommunication
facilities shall comply with each of the following requirements:
1. A facility shall not bear any signs or advertising devices other than
certification, public safety, warning, or other required seals or required
signage.
11
2. Any and all accessory equipment associated with the operation of the
facility, including but not limited to transmission cables, shall be located
within a building, an enclosure, or underground vault in a manner that
complies with the development standards of the zone in which such
accessory equipment is located. In addition, if equipment is located above
ground, it shall be visually compatible with the surrounding buildings and
natural features and either shrouded by sufficient landscaping or natural
features to screen the equipment from view or designed to match the
architecture of adjacent buildings. If accessory equipment will be visible
from a residential area or an arterial street, the applicant shall provide a
solid masonry block wall that will screen the equipment or other material
that is determined acceptable through the approval process.
3. The facility's exterior finish shall be comprised of non -reflective material(s)
and painted, screened, or camouflaged to blend with the materials and
colors of surrounding buildings or structures.
4. All screening used in connection with a wall mounted and/or roof mounted
facility shall be compatible with the architecture, color, texture, and
materials of the building or structure to which it is attached.
5. All antennas shall be designed to prevent unauthorized climbing.
6. Facilities shall not be illuminated unless specifically required by the
Federal Aviation Administration or other governmental agencies.
7. The applicant and the property owner if different from the applicant shall
consent to future colocation of other facilities on or with the applicant's
facility, unless technological or structural requirements preclude that
colocation.
8. For the purpose of determining setback requirements, a wireless
telecommunication facility shall be considered a principal structure and
shall comply with the setback requirements of the zone in which it is
located.
9. Wireless telecommunications facilities shall meet all of the height
regulations of the underlying zone.
10. Wireless telecommunication facilities shall be located at least 50 feet from
any public right-of-way
B. Development guidelines for wireless facilities. In review of all wireless
telecommunication facilities, the city shall, in addition to the above requirements,
consider the following guidelines in conjunction with the processing of a
conditional use permit:
1. The proposed facility should blend into the surrounding environment or be
architecturally integrated into a concealing structure.
12
2. The proposed facility should be screened or camouflaged by existing or
proposed new topography, vegetation, buildings, or other structures. Any
such improvements shall be appropriate for and compatible with the site
and surrounding area.
3. The total size of proposed facility should be compatible with the
surrounding and supporting structures.
4. If feasible, the location of the proposed facility should conform to the
following in order of preference:
a. Colocated with an existing facility or located at a pre -approved
location.
b. Attached to an existing structure such as an existing building,
communication tower, church steeple or utility.
c. Located in an industrial zone.
d. Located in a commercial zone.
5. The proximity of the proposed facility to residential structures and to
boundaries of residential zones.
6. The availability of suitable alternative locations for the facility.
7. The nature of existing uses on adjacent and nearby properties.
8. Proposed ingress and egress to the facility.
17.18.200. Additional development standards for stealth facilities.
A. Additional development standards for stealth facilities. In addition to the
requirements of section 17.18.190, the following requirements shall apply to
wireless facilities:
1. All wireless facilities.
a. No portion or extension of a wireless facility shall protrude beyond
property lines or extend into any portion of property where such
facility is not itself permitted; provided, however, that the city may
approve the location of guy wires in a required setback if such
approval is consistent with the guidelines and requirements set
forth in this chapter.
b. Construction of new lattice towers and the extension or expansion
of an existing lattice tower shall not be permitted.
13
c. If a proposed wireless facility cannot be colocated, it must be sited
at least 1,500 feet from any existing wireless facility unless the
approving authority finds that a shorter distance is required for
technological reasons, or that it would result in less visual
obtrusiveness in the surrounding area. If the approving authority
finds that colocation is not a feasible option and that a new facility
may be located less than 1,500 feet from an existing wireless
facility, the new facility should be located at least 500 feet from the
existing facility.
A wireless facility shall not be located within 300 feet of any
property line of a residential zoning classification or a property line
containing a residential use.
2. Ground mounted facilities.
a. A ground mounted facility shall not be located in a required parking
area, vehicle maneuvering area, vehicle/pedestrian circulation area
or area of landscaping such that it interferes with, or in any way
impairs, the utility or intended function of such area.
b. A ground mounted facility should be located in close proximity to
existing above ground utilities, such as electrical tower or utility
poles (not scheduled for removal or under -grounding in the next 18
months), light poles, trees of comparable height, water tanks and
other areas where the facility will not detract from the image or
appearance of the city.
c. No part of a ground mounted facility should be located in any
required setback.
d. A ground mounted facility shall not be permitted unless the
approving authority finds that based upon evidence submitted by
the applicant, no existing building or support structure can
reasonably accommodate the proposed the facility. Evidence
supporting this finding may consist of any of the following:
1) No existing buildings or support structures are located within
the geographic area proposed to be served by the
applicant's facility.
2) Existing buildings or support structures are not of sufficient
height or structural strength to satisfy the applicant's
operational or engineering requirements.
3) The costs, fees, or contractual provisions required by a
property owner, or by an incumbent wireless
telecommunication service provider, in order to colocate a
14
new antenna array on an existing building or structure, or to
adapt an existing building or structure for the location of the
new antenna array, are unreasonable.
4) There are other limiting factors that render existing buildings
and structures unsuitable for use by the applicant.
e. A ground mounted facility shall be secured from access by the
general public with a fence or other form of screening approved by
the approving authority.
f. A ground mounted facility shall be covered with a clear anti -graffiti
material of a type approved by the community development
director. The community development director may grant an
exception to this requirement if the applicant demonstrates to the
satisfaction of the community development director that the design
of the facility is adequate to prevent graffiti.
g. No ground mounted facility shall exceed the maximum building
height for the applicable zone in which it is located unless both of
the following findings are made by the approving authority:
1) The applicant has satisfactorily demonstrated that exceeding
the height limitation is necessary for operation of the facility;
and
2) The facility is colocated, or contains adequate space suitable
for future colocation, and the height in excess of zoning
requirements is necessary to the proposed shared use.
3. Roof mounted facilities.
a. A roof mounted facility may only exceed the height of the building
on which it is mounted by a maximum of 15 feet, but only if one of
the following findings is made by the approving authority:
1) The applicant has satisfactorily demonstrated that the
proposed height is the minimum necessary for proper
operation of the facility.
2) The facility is colocated, or contains adequate space suitable
for future colocation, and the height in excess of the existing
building is necessary for the proposed shared use.
b. A roof mounted facility that extends above the existing height of the
building on which it is mounted shall be screened by a material and
15
in a manner that is compatible with the existing design and
architecture of the building.
c. A roof mounted facility, requiring the placement of any guy wires,
supporting structures, or accessory equipment shall be located and
designed so as to minimize the visual impact as viewed from
surrounding properties and public streets, including any pertinent
public views from higher elevations.
4. Utility mounted facilities not within the public right-of-way.
a. A utility mounted facility shall not exceed the maximum building
height for the applicable zone in which it is located unless the
approving authority determines the applicant has satisfactorily
demonstrated that exceeding the height limitation is necessary for
proper operation of the facility.
b. A utility mounted facility shall not exceed the height of the existing
utility pole or structure by more than four feet unless the approving
authority determines the applicant has satisfactorily demonstrated
that exceeding the four -foot limitation is necessary for proper
operation of the facility.
c. A utility mounted facility shall not protrude or extend horizontally
more than 18 inches from the existing utility pole or structure unless
the approving authority determines the applicant has satisfactorily
demonstrated that exceeding the 18-inch limitation is necessary for
proper operation of the facility or required by the owner of the
existing utility pole or structure.
17.18.210. Public property facilities.
A. Private telecommunication facilities located on city -owned or operated property,
other than public rights of way.
1. Privately owned or operated telecommunication facilities may be located
on property owned or operated by the city, subject to the city council's
approval of a negotiated lease agreement between the telecommunication
service provider and the city or its representative. Telecommunications
facilities to be located on city -owned or operated property shall not be
required to obtain a conditional use permit under the provisions of sections
17.18.100 et seq. The lease agreement shall set forth requirements for a
wireless facility which are substantially consistent with the development
standards and conditions of sections 17.18.100 et seq and Chapter 5.36.
The lease agreement shall also contain operating covenants substantially
consistent with the objectives of sections 70.18.100 et seq and Chapter
5.36. in order to protect the public health, safety and welfare.
16
2. Notwithstanding subsection (1) above, the lease agreement approving the
location of privately owned or operated telecommunications facilities on
city -owned or operated property shall be subject to all applicable
environmental regulations including but not limited to the California
Environmental Quality Act and the Western Riverside County Multiple
Species Habitat Conservation Plan.
B. Public telecommunication facilities.
1. The location, installation, and operation of any telecommunication facilities
or other communication facilities owned or operated by the city on
property owned or operated by the city, or within its right-of-way shall not
be subject to the provisions of this article.
2. The location, installation, and operation of any telecommunication facilities
or other communication facilities owned or operated by any other
governmental entity other than the city on property owned or operated by
the City, or within its right-of-way, shall be subject to the provisions of
subsection (a) above, unless the city council, by four -fifths vote of its
membership and a finding of public necessity, exempts the facility from
such requirements.
17.18.220. Review, modification, and revocation of permits.
A. Any permit granted or approved pursuant to this chapter shall be granted or
approved by the city with the reservation of the right and jurisdiction to review
and modify the permit (including the conditions of approval) based on changed
circumstances. Changed circumstances include, but not limited to, the following
in relation to the approved facility as described and diagramed in the approved
application materials: increased height or size of the facility; additional
impairment of the views from surrounding properties; change in the type of
antenna or supporting structure; changed color or materials; substantial change
in location on the site; and an effective increase in signal output above or near
the maximum permissible exposure limits imposed by the revised radio
frequency emissions guidelines by the federal communications commission.
B. The reservation of right to review any permit approved hereunder by the city is in
addition to, and not in lieu of, the right of the city to review, suspend, revoke, or
modify any permit approved hereunder for any violations of the conditions
imposed on such permit.
C. Upon review, any changed circumstance as determined by the community
development director shall require the application and approval of a modification
to the original administrative plot plan or conditional use permit, provided that any
modification to accommodate colocated facilities may be approved
administratively.
17
D. Any review, suspension, revocation, or modification of a permit shall be in
accordance with the procedures set forth in section 17.02.070 for an
administrative plot plan and section 17.02.100 for a conditional use permit.
17.18.230. Removal of facilities.
A. The operator of a lawfully erected facility, and the owner of the premises upon
which it is located, shall promptly notify the community development director in
writing in the event that use of the facility is discontinued for any reason. In the
event that discontinued use is permanent, 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 premise as appropriate such as to be in
conformance with applicable zoning codes. All such removal, repair and
restoration shall be completed within 90 days after the use is discontinued and
shall be performed in accordance with all applicable health and safety
requirements. For the purposes of this paragraph, a discontinued use shall be
permanent unless the facility is likely to be operative and used within the
immediately following three-month period.
B. A facility that is inoperative or unused for a period of six continuation months
shall be deemed abandoned. Written notice of the city's determination of
abandonment shall be provided to the operator of the facility and the owner(s) of
the premises upon [which] the facility is located. Such notice may be delivered in
person or mailed to the address(es) stated on the facility permit application, shall
be deemed given at the time delivered or placed in the mail. A written notice of
the city's determination of abandonment shall be mailed or delivered to the
operator of the facility at the address stated in the relevant permit application.
C. The operator of the facility and the owner(s) of the property on which it is located,
shall within 30 days after notice of abandonment is given either (1) remove the
facility and restore the premises, or (2) provide the planning department with
written objection to the city's determination of abandonment and request for
hearing before the planning commission. If a written objection is timely received
and a hearing is properly requested, the hearing shall be set and notice given as
prescribed in section 17.02.050. The operator and/or owner shall be given the
opportunity to provide evidence that the facility was in use during the relevant six-
month period and that it is presently operational. The operator and/or owner shall
be given the opportunity to cross-examine any witness providing evidence to the
contrary. The planning commission shall review all evidence, determine whether
or not the facility was properly deemed abandoned, and provide the operator
notice of its determination.
D. The city may remove the abandoned facility, repair any and all damage to the
premises caused by such removal, and otherwise restore the premises as is
appropriate to be in compliance with applicable Code at any time: 1) after 30
days following the notice of abandonment, or 2) following a notice of decision by
the planning director, if applicable, subject to the owner/operators right of appeal
under this Code. The city may, but shall not be required to, store the removed
facility (or any part thereof). The owner of the premises upon which the
18
abandoned facility was located, and all prior operators of the facility shall be
jointly liable for the entire cost of such removal, repair, restoration and storage,
and shall remit payment to the city promptly after demand therefore is made. The
city may, in lieu of storing the removed facility, convert it to the city's use, sell it,
or dispose of it in any manner deemed by the city to be appropriate.
E. The operator of the facility, and the owners of the premises upon which it is
located shall be in violation of this chapter for failure to timely comply with any
requirements hereunder. Each such person shall be subject to penalties for each
such violation, pursuant to this Code.
F. Until the cost of removal, repair, restoration and storage is paid in full, a lien shall
be placed on the personal property and any real property on which the
abandoned facility was located, for the full amount of the cost of removal, repair,
restoration and storage. The planning director shall cause the lien to be recorded
in the Riverside County Recorder's Office.
17.18.240. Severabilitv.
A. If any provisions or clause of this Chapter or application thereof to any person
or circumstance is held unconstitutional or otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other Chapter provisions,
clauses or applications thereof which can be implemented without the invalid
provision, clause or application thereof, and to this end the provisions and
clauses of this Chapter are declared to be severable.
19