HomeMy Public PortalAbout08) 7E Wireless Communication Facilities and Telecommunication FacilitiesCity Council
January 5, 2016
Page 2 of 2
One minor change has been made to the Ordinance since first reading. A typo on page
seven, Section 6-4A-7 (B)(1) of the Ordinance has been corrected to provide a 15 day
comment period.
CITY STRATEGIC GOALS:
The proposed Ordinance furthers the City's Strategic Goals of Good Governance by
updating the Municipal Code to reflect current legislation and case law, best practices,
and the community's values.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year 2015-2016 City Budget. Applicants
are required to pay fees to cover City costs for reviewing applications and preparing
reports. Costs associated with the hiring of consultants to demonstrate compliance with
Federal regulations will be passed along to applicants.
ATTACHMENTS:
A. Ordinance No. 16-1012
B. City Council staff report from January 5, 2016
ATTACHMENT A
ORDINANCE NO. 16-1012
AN ORDINANCE OF THE CITY COUNCIL OF TEMPLE CITY
ADDING A NEW CHAPTER 4 TO TITLE 6, ADDING A NEW
SECTION 9-1T-8 TO TITLE 9, AND AMENDING SECTION 9-1 F-10
OF THE TEMPLE CITY MUNICIPAL CODE RELATIVE TO
WIRELESS COMMUNICATION FACILITIES
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. A new Chapter 4 is hereby added to Title 6 of the Temple City
Municipal Code to read as follows.
CHAPTER 4-TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF
WAY
ARTICLE A-GENERAL
6-4A-O: SHORT TITLE:
This chapter shall be known as "The Telecommunications Facility Ordinance" and
serves as the city's regulation over such facilities in the public right-of-way.
6-4A-1: DEFINITIONS:
For the purpose of this chapter, certain words and phrases are defined in this
section, unless it is apparent from the context that a different meaning is intended:
ANTENNA ARRAY: One or more rods, panels, discs, or similar devices used for
the transmission or reception of radio frequency signals, which may include omni-
directional antennas (whip), directional antennas (panel), and parabolic antennas
(dish), but excluding any support structure.
COLLOCATE: A site or facility where a wireless provider shares a
telecommunications facility with an existing structure, such as an existing street
light or utility pole.
CORNER LOT: A lot bounded by 2 or more intersecting streets that has an angle
of intersection of not more than 135 degrees. The intersecting streets shall not be
the same street. In determining the angle of intersection for a rounded corner,
Ordinance No. 16-1012
Page 2 of 32
straight lines shall be drawn as extensions of both street lines. The calculation of
the angle of intersections shall be made from the side facing toward the lot at the
point where these 2 extensions meet.
DIRECTOR: The director of the department of community development or his/her
written designee. The director is hereby designated as the administrative
enforcement official for this chapter and may issue an administrative citation
pursuant to Chapter 2 of this Code, and a violator shall be subject to the
procedures, costs and civil penalties set forth therein.
PARKWAY: That area between the sidewalk and the curb of any street, and where
there is no sidewalk, that area between the edge of the roadway and the property
line adjacent thereto. Parkway shall also include any area within a roadway, which
is not open to vehicular travel.
PERMIT: A permit issued pursuant to this chapter allowing the placement of a
telecommunications facility within a specifically designated portion of the public
right-of-way. This separate from the encroachment permit.
PERSON: Any individual, firm, company, corporation or other organization.
PRIMARY USE: The main purpose for which a site is developed and occupied,
including the activities that are conducted on the site a majority of the hours which
activities occur, including, but not limited to, a street light or power pole.
PUBLIC SIDEWALK: Any surface dedicated to the use of pedestrians by license,
easement, operation of law or by grant to the city.
PUBLIC RIGHT-OF-WAY OR RIGHT-OF-WAY: Any public street, public way,
public place or rights-of-way, now laid out or dedicated, and the space on, above
or below it, and all extensions thereof, and additions thereto, under the jurisdiction
of the city.
PUBLIC STREET: All of that area dedicated to public use for public street and
sidewalk purposes and includes, but is not limited to, roadways, parkways, alleys
and sidewalks.
STREET SEGMENT: The length of a street between two cross streets and
includes both sides of such street. For streets that turn at an angle of 90 degrees
or more, the portion before and after the right angle shall each be considered a
street segment.
ROADWAY: That portion of a public street improved, designed or ordinarily used
for vehicular travel.
Ordinance No. 16-1012
Page 4 of 32
6-4A-4: PERMIT REQUIRED:
A. No person shall install or maintain any telecommunications facility which in whole
or in part rests upon, in or over the public right-of-way without
1. First obtaining a Telecommunications Permit or "permit" from the director under
this chapter and
2. Demonstrating that the operator is regulated by the Public Utilities Commission
or has a certificate of public convenience and necessity.
B. Applications for permits shall be made to the director and shall contain the
following:
1. The name, address and telephone number of the owner of the
telecommunications facility;
2. The name, address and telephone number of the responsible person whom the
city may notify or contact at any time concerning the telecommunications
facility;
3. A site plan containing the exact proposed location of the facility (including the
longitude and latitude for purposes of noting the location in the city's geographic
information system), and detailed plans created by a qualified licensed
engineer and in accordance with requirements set by the director;
4. A photograph and/or model number of the type of telecommunications facility
being used;
5. A hold harmless agreement pursuant to Section 6-4A-13;
6. A certificate of insurance pursuant to Section 6-4A-14;
7. Agreement to conform to the requirements of this chapter;
8. An application and processing fee, as established by resolution of the city
council; and
9. Any additional data sufficient to show the correctness of the application and/or
plans required by the Director.
C. Applications will not be accepted for geographic locations which are then
unavailable due to current or proposed public improvements as specified in the
current Capital Improvement Program.
D. This section does not apply to the terms and conditions of any agreement or permit
(or extension thereof) pertaining to telecommunications facilities (issued by the city
or of which the city is a party) that is already in existence at the effective date of
this ordinance, provided that the agreement or permit (or extension thereof) does
not result in a material change (including, but not limited to, changes in size, shape,
Ordinance No. 16-1012
Page 5 of 32
color, or exterior material) of the telecommunications facilities covered by such
existing agreement.
E. The Director may impose impact minimizing conditions on a permit to mitigate
potential noise or aesthetic impacts.
F. Permits: The Director shall have the right to review the permit every 10 years to
determine whether the equipment is no longer needed and or useful, or whether
new means exist to further reduce noise and or aesthetic impacts that are
materially greater than those that would have existed when the WCF was installed
as originally permitted.
G. The Director may require facility upgrades and/or additional mitigations to reduce
impacts of such facilities unless the applicant demonstrates that the mitigations
are not feasible.
H. Eligible Facilities Requests: Eligible Facilities Requests (as defined in the Middle
Class Tax Relief and Job Creation Act of 2012, § 6409 and any subsequent
modifications) that do not require a Substantial Change in Physical Dimensions
shall be processed in accordance with 47 U.S.C. § 1455, and any duly authorized
implementing orders and regulations of the Federal Communications Commission.
In reviewing permits for qualifying Eligible Facilities Requests, the Director shall
approve applications, but shall retain discretion to enforce and condition approval
on compliance with generally applicable building, structural, electrical, and safety
codes and with other laws (including, without limitation, this Article) codifying
objective standards reasonably related to health and safety.
6-4A-5: FINDINGS REQUIRED FOR ALL TELECOMMUNICATIONS
FACILITIES:
No permit shall be granted unless the following findings can be made by the
director:
A. The proposed use is allowed in the public right-of-way and complies with all
applicable provisions of this chapter.
B. Prior to the installation of any telecommunications facility, the applicant has
demonstrated that the installation will not interfere with the use of the public right-
of-way and existing subterranean infrastructure.
C. The applicant has coordinated the final siting location of the telecommunications
facility with the director.
D. All notification requirements for the proposed telecommunications facility have
been met.
Ordinance No. 16-1012
Page 6 of 32
6-4A-6: ADDITIONAL FINDINGS
COMMUNICATIONS FACILITIES:
REQUIRED FOR WIRELESS
No permit shall be granted for any wireless communications facility if the following
additional findings cannot be made by the director:
A. The applicant has demonstrated, by way of a justification study, the rationale for
selecting the proposed use, a detailed explanation of the coverage gap that the
proposed use would serve, and how the proposed use is the least intrusive means
for the applicant to provide wireless service.
B. The applicant has posted a performance bond or other security in an amount
rationally related to the cost of removal.
C. The wireless communications facility will not result in levels of radio frequency
emissions that exceed Federal Communications Commission standards,
including, but not limited to, FCC Office of Engineering Technology (OET) Bulletin
65, Evaluating Compliance with FCC Guidelines for Human Exposure to
Radiofrequency Electromagnetic Fields, as amended. Additionally, if the director
determines the wireless communications facility, as constructed, may emit radio
frequency emissions that are likely to exceed Federal Communications
Commission uncontrolled/general population standards in the FCC Office of
Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as
amended, in areas accessible by the general population, the director may require
post-installation testing to determine whether to require further mitigation of radio
frequency emissions. Applications for amateur radio antennas or antennas
installed for home entertainment purposes are exempt from this requirement.
6-4A-7: SPECIAL NOTICE:
A. Notice of Application Submittal.
1. Residential Districts. Notice that the application has been submitted shall be
mailed to the owners of property located within a radius of three hundred feet
(300') as shown on the latest equalized assessment roll of the county of Los
Angeles, or from other records of the assessor or county tax collector which
contain more recent and accurate addresses by United States mail, postage
prepaid. Notices shall contain a description of the location, a brief description
of the proposal, the deadline to submit comments, the date the director is
scheduled to make a decision, and information about when and how an appeal
may be filed.
Ordinance No. 16-1012
Page 8 of 32
6-4A-9: APPEALS:
Any interested person may appeal the decision of the director pursuant to this
chapter to the city council. The appeal shall be filed with the city clerk within 15
days after the decision by the director from which the appeal is being taken.
6-4A-10: INSTALLATION STANDARDS APPLICABLE TO ALL
TELECOMMUNICATIONS FACILITIES:
A permit for telecommunications facilities within the public right-of-way shall
comply with the following installation standards.
A. The Director or his/her designee shall determine the time, place, and manner of
construction for all WCFs located within the PROW consistent with Public Utilities
Code.
B. WCFs shall have subdued colors and non-reflective materials which blend in with
the surrounding area to the satisfaction of the Director or his/her designee.
C. All WCFs shall be built in compliance with the Americans with Disabilities Act
(ADA), including but not limited to surface access in and around facilities.
D. Utility and Light Poles.
1. The maximum height of any antenna shall not exceed 24 inches above the
height of an existing utility pole and no portion of the antenna or equipment
mounted on a pole shall be less than 16 feet above any drivable road surface.
All installations on utility poles shall fully comply with California Public Utilities
Commission General Order 95.
2. The maximum height of any antenna or antenna radome shall not exceed six
feet above the height of an existing light pole.
3. Pole-mounted equipment shall not exceed six cubic feet.
4. Antennas shall be installed on existing utility or light poles, except when
impractical or technologically infeasible. No new poles may be installed except
as replacements for existing poles, or when the applicant provides evidence as
part of the application showing why and how complying with the foregoing
standard would be impractical or technologically infeasible. In such event, the
Director may hire an independent, qualified consultant to evaluate any technical
aspect of the proposed replacement or modification and any proposed
exceptions from these development standards at the applicant's sole cost. The
applicant shall submit a deposit to pay for such independent third party review
as set forth in the City's Fee Resolution.
Ordinance No. 16-1012
Page 9 of 32
E. In the event the parkway and/or roadway, where approved, adjacent the
applicant's telecommunications facility disturbed or altered in the process of
installation, the applicant shall restore the parkway to the condition in which it
existed prior to installation.
F. No modifications to above-ground or at-grade telecommunications facility,
including those related to size, color, and shape of the housing, may be made by
the applicant without first having obtained approval from the director.
G. Where feasible, as new technology becomes available, the applicant shall place
an existing or proposed above-ground telecommunications facility below ground.
H. In residential areas, WCFs shall not be located within one standard block width of
another wireless communication facility; this does not include collocation of sites.
I. In residential districts where a telecommunications facility is proposed adjacent to
a corner lot, the facility shall be located along the side yard and not on the primary
frontage of a residence, if feasible.
J. To the extent feasible, the area surrounding the telecommunications facility shall
be maintained with landscaping or alternate screening. The landscaping shall be
irrigated and of a sufficient height and density to screen the facility from the public
sidewalk and parkway.
K. The applicant shall obtain the director's approval of a tree protection plan prepared
by a certified arborist for the installation of any telecommunications facility located
within the canopy of a street tree, or a protected tree on private property, or within
a minimum of a 1 0-foot radius of the base of such a tree. Depending on site specific
criteria (e.g. location of tree, size and type of tree etc.), a radius greater than 10
feet may be required by the director.
L. No telecommunications facility may be illuminated unless specifically required by
the Federal Aviation Administration or other governmental agencies.
M. At the discretion of the director, the applicant may be required to provide an
authorization to permit the city to hire an independent, qualified consultant to
evaluate any technical aspect of a proposed wireless communications facility,
including, but not limited to, issues involving radio frequency emissions, alternative
designs, and alternative sites. Any authorization for this purpose shall include a
deposit to cover all reasonable costs associated with the consultation. Any
proprietary information disclosed to the city or the consultant is deemed not to be
a public record, and shall remain confidential and not to be disclosed to any third
party without the express consent of the applicant, unless otherwise required by
law.
Ordinance No. 16-1012
Page 11 of 32
B. If an applicant discontinues use or abandons any telecommunications facilities, the
applicant shall (1) immediately notify the director; (2) remove the equipment and
restore the site to the previous condition within 90 days of notification to the director
and in a manner approved by the director.
C. The telecommunications facilities shall be maintained such that they comply at all
times with Section 9-11 (Regulation of Excessive Noise).
D. All ground-mounted, at-grade, and above-ground telecommunications facilities
shall be properly maintained in accordance with the following procedures:
1. All necessary repairs, including graffiti removal, shall be completed by the
applicant within 48 hours after discovery of the need for such repairs or in
receiving notification from a resident or the director.
2. The applicant shall provide routine maintenance within ten working days after
receiving notification from a resident or the director.
3. The applicant shall replace ground-mounted, at-grade, and above-ground
telecommunications facilities, in kind, if routine or emergency maintenance is
not sufficient to return the equipment to the condition at the time of installation.
6-4A-13: HOLD HARMLESS AGREEMENT:
A condition of issuance of a permit is that every permittee, and person an a shared
permit, agrees to defend, indemnify, and hold harmless the City of Temple City, its
city council, officers, and employees to the maximum extent permitted by law, from
any loss or liability or damage, including expenses and costs, for bodily or personal
injury, and for property damage sustained by any person as a result of the
installation, use, or maintenance of the applicant's facilities subject to this
Subdivision.
6-4A-14: INSURANCE REQUIRED:
A condition of issuance of a permit is that every permittee agrees to maintain a
policy of public liability insurance, naming the city as an additional insured, in an
amount that meets or exceeds the minimum levels and standards of liability
insurance and claims reserve, established by the director.
6-4A-15: SUMMARY REMOVAL:
In the event the director determines that the condition or placement of a
telecommunications facility constitutes a dangerous condition or obstruction, as
defined in section 6-4A-3 of this Code, or that a telecommunications facility has
Ordinance No. 16-1012
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D. Nothing contained in this chapter shall be deemed to supersede or modify section
9-1T-8 of the Zoning Code, which regulates wireless communications facilities
located outside of the public right-of-way.
SECTION 2. Section 9-1F-10 of the Temple City Municipal Code is hereby
amended to add, in an alphabetical manner, the following use to the list of uses allowed
with a conditional use permit. Additions are underlined.
Wireless communications facilities-Refer to section 9-1T-8.
SECTION 3. A new Section 9-1-T-8 is hereby added to Title 9 of the Temple City
Municipal Code to read as follows.
9-1T-8: WIRELESS COMMUNICATION FACILITIES:
A. Applicability:
The design and installation provision set forth herein are applicable to all new
Wireless Communication Facilities (WCF) within the City of Temple City, not
located within or over a public right of way.
1. Overview: Over the past several years, three major factors have impacted the
wireless landscape.
a. More people use cellular phones as their primary means of communication.
b. Cell phone usage is increasing as the price declines.
c. New services and capabilities, requiring greater bandwidths, are exhausting
current cell site (wireless network infrastructure) capacities.
Cities have the opportunity, right, and obligation to be a part of the solution to this
growing dilemma.
2. Objectives: The objectives for the City's Wireless Communication Facilities
(WCF) Ordinance are:
a. Facilitate future network development through a proactive approach by
implementing the WCF Ordinance.
b. Mitigate the visual impact of towers and antennas by employing "stealth"
technology via design standards;
Ordinance No. 16-1012
Page 14 of 32
c. Reduce the number of cell sites through a coordinated collocation process.
B. Definitions:
ANTENNA: One or more rods, poles, panels, discs, or similar devices used for the
transmission or reception of radio frequency signals. This definition includes
omnidirectional antennas (whips), directional antennas (panels), and parabolic
antennas (discs).
ANTENNA, BUILDING FA<;ADE MOUNTED: A flat panel installed by flush-
mounting the antenna to the building's fagade and painting it to match the wall's
color and texture. In some cases, the antenna is incorporated into or hidden by
one of the structure's design elements.
ANTENNA, FLAGPOLE: A slim-line monopole with a flag attached. It has a thicker
diameter than a typical flagpole.
ANTENNA, LATTICE POWER LINE TOWER: This design takes advantage of the
existing lattice power transmission towers used by utility companies.
ANTENNA, LIGHT STANDARD FLUSH MOUNTED: Usually found at sports fields
with ballpark lighting. The antenna panels are mounted near the pole and under
the lights. However, antennas can also be placed within a stealth cylinder on top
of a light standard.
ANTENNA, LOLLYPOP: Consists of a thin pole that holds a panel antenna.
Employed in open space or below the ridgeline in canyons or areas of hilly terrain.
Sometimes the antenna is blended with faux or natural vegetation.
ANTENNA, MONOBROADLEAF: Mimics a broadleaftree to hide antennas, using
the same monopole structure.
ANTENNA, MONOPALM: Covers a monopole design with palm fronds and a
growth pod as a means to hide the cell site's antennas.
ANTENNA, MONOPINE: Similar to a monopole design pole with simulated bark
covering, in addition to simulated branches and pine needles.
ANTENNA, MONOPOLE: A tall pole topped with a triangular structure to mount
the antenna array. This is one of the earlier design types used for wireless
communications facilities.
Ordinance No. 16-1012
Page 15 of 32
ANTENNA, SATELLITE EARTH STATION: A parabolic or dish-shaped antenna or
other apparatus or device that is designed for the purpose of receiving or
transmitting signals for voice, video, or data.
ANTENNA, SLIM-LINE MONOPOLE: A slender pole mounted with a 4-to 6-foot-
high radome that has an 18-to 24-inch diameter to conceal the antennas.
ANTENNA, STEALTH INSTALLATION: In addition to monopine, monopalm, and
monobroadleaf, can include faux chimneys, rooftop screen walls, steeples, clock
towers, and faux water tanks.
ANTENNA, WATER TANK: Uses a pre-existing, aboveground structure to attach
favade-mounted antennas.
ANTENNA, WHIP: A thin metal/fiberglass pole that serves as a receiving and
transmitting device. Typically measures 18 inches to 10 feet in length and 0.5 inch
to 4 inches in diameter. Typically installed on fire department buildings, police
department buildings, and city maintenance facilities.
COLLOCATION: Collocation means the sharing of a wireless communication
facility by two or more wireless communication service providers.
INSTITUTIONAL: Includes churches, temples and other places of religious
worship; educational institutions; government facilities; lodges, meeting halls and
social clubs; and parks and playgrounds. This does not include residential uses,
community care facilities (large and small), modular homes, supportive housing,
transitional housing, commercial off street parking spaces, homes for the aged,
hospitals, nursery schools, daycare centers, and psychiatric hospitals.
RADOME: A radome is an enclosure made of a radio frequency-transparent
materials used to screen and/or protect wireless communication antennas.
WIRELESS COMMUNICATION FACILITY: For purposes of this ordinance, a
wireless communications facility is any unstaffed facility for the transmission and/or
reception of wireless telecommunication services, usually consisting of an antenna
array, connection cables, an equipment enclosure or facility, and a tower structure
or other building or structure used to achieve the necessary elevation.
C. Types of Wireless Communication Facilities Permitted in Designated Zone
Districts: No person may place, affix, attach, mount, construct, erect, install, develop,
use, operate and maintain, or modify a wireless facility, wireless transmission device,
support structure and/or accessory equipment within the City without meeting the
Ordinance No. 16-1012
Page 16 of 32
permitting requirements in the table below. Notwithstanding the foregoing,
administrative collocation may be allowed as approved in subsection J.
Zoning Districts
Type of Wireless C-1-
Facility R-1 R-2 R-3 RPD C-1 R C-2 C-3 M-1 M-2 0-S SCH DSP
Building Fagade C1 C1 C1 s s s s s s s
Mounted
Flagpole c c c c c c c c
Lattice Power c c c
Line Tower
Light Standard C1 C1 C1 c c c
Flush Mounted
Lollypop
Monotree C1 C1 C1 c c c c c c
Monopole
Satellite Earth Station
1 meter or less p p p p p p p p p p p p p
in diameter
Between 1 c c c c c c c
and 2 meters
in diameter
2 meters or c c c c c c c
more in
diameter
Slim-Line s s s s s s
Monopole
Ordinance No. 16-1012
Page 17 of 32
r-ype of Wireless
R-1 Facility
Stealth C1
Installation
Antenna
Water Tank
Whip
18 inches or p
less in length
Between 18 c
inches and 60
inches in
length
60 inches in
length or more
Footnotes:
R-2 R-3 RPD C-1
C1 C1 s
p p p p
c c c p
c
Zoning Districts
C-1-C-2 C-3 M-1 M-2 0-S SCH DSP R
s s s s s c s
p p p p p p p p
p p p p p c c p
c c c c c c
1) The applicable type of Wireless Communication Facility is allowed, with the
appropriate entitlement, only on sites where the primary use is institutional.
Conditional Use Permit = C
Permitted, No Review = P
Prohibited = Blank
Site Plan Review, Minor= S
Zoning Clearance= ZC
D. Design Standards: The City shall apply the following design standards to all
proposed wireless communications facilities.
1. Building Fagade-Mounted Antenna
Ordinance No. 16-1012
Page 18 of 32
a. An antenna less than 1.5 square feet in surface area that is mounted to a
building fa9ade shall be treated to match or complement the existing
fa9ade's color and texture. Such antenna shall be mounted flush to the
building or with low-profile brackets, as well as skirted. The antenna's profile
shall not extend more than 12 inches outward from the building facade, and
shall not extend above the height of the facade.
b. An antenna with a surface area greater than 1.5 square feet that is mounted
on any commercial building's fa9ade shall be fully screened using materials
that match the existing fa9ade's color and texture.
c. Antenna screening systems shall be architecturally integrated with the
building to the greatest possible extent.
d. Antenna screens shall be fully enclosed to prevent birds from nesting in the
screen structures.
e. The fa9ade-mounted antennas and screening shall not extend above the
parapet and must be designed to the minimum feasible depth.
f. The structure's walls, conduits, chases, or concealment-type devices that
are integrated into the building's architecture shall hide all coaxial cables to
the greatest possible extent. All exposed cable shall be painted to match
the underlying surface.
g. Antennas shall not extend above the height of the parapet. Installations
proposing antennas greater than the height of the parapet shall be designed
as a stealth installation.
2. Flagpole Antenna
a. Flagpoles, not exceeding 55 feet in height with the antenna concealed
inside the pole, are allowable in conjunction with commercial or industrial
uses.
b. The radome must not exceed an 18-inch diameter.
c. The poles must be able to fly flags. US flags that are not removed every day
at sunset must be appropriately lit.
d. The pole diameters shall be the minimum necessary to meet engineering
requirements to accompany and conceal the inner coaxial cabling.
Ordinance No. 16-1012
Page 19 of 32
e. Different carriers' antennas should be distributed on multiple flagpoles to
minimize the poles' overall diameter.
3. Lattice Power Line Tower Antenna
a. No new lattice towers shall be allowed.
b. Collocation on existing power line towers may be allowed subject to City
approval.
c. Antennas should be mounted to the vertical portion of the structure, using
low-profile mounting brackets.
d. All pipe mounts must be concealed behind the antenna. The accompanying
coaxial cables shall be run inside the tower structure
e. Accompanying communications equipment shall be located under or close
to the tower structure. The equipment shall be enclosed by an appropriate
screening wall.
4. Light Standard Flush-Mounted Antenna
a. An allowable light standard antenna shall be a low profile/flush-mounted
antenna with a maximum height of 35 feet measured from the existing grade
to the top of the antenna.
b. The antenna shall be painted to match the light standard, and all cables
shall be concealed within the light standard.
c. The radome shall not exceed 18 inches in diameter and 6.5 feet in height
above the light pole.
5. Lollypop Antenna
a. A lollypop antenna shall be approved only when other stealth installation
types are more intrusive, such as on steep slopes or hillsides. Lollypop
antennas are not permitted on buildings.
b. Such antennas shall be installed below ridgelines wherever possible to
avoid the antennas' profile appearing above a slope top.
c. Cross braces between individual antenna poles add additional bulk to the
installation and shall be discouraged.
Ordinance No. 16-1012
Page 20 of 32
d. Antennas and their support poles must be painted the appropriate colors
that blend with the surrounding environment.
e. In cases where irrigation is available, natural shrubs shall be planted behind
lollypop antennas.
f. In cases where irrigation is unavailable or impractical, faux shrubs (subject
to Planning Department review) may be installed to conceal antenna arrays.
g. All coaxial cables that connect the antennas to their accompanying
communications equipment cabinet shall be underground.
h. The height from the base of the antenna shall not exceed 15 feet.
6. Monotree Antenna
a. Monobroadleaf Antenna
1) A monobroadleaf antenna shall be designed for a minimum of two
carriers if feasible.
2) The monobroadleaf structure shall exhibit a sufficient branch count to
conceal all antennas.
3) Branch dispersal shall be random, with intermingled long and short
branches, to appear natural.
4) The height of branches shall exceed all antennas by at least 12 inches.
5) Branches shall begin a minimum of 15 feet above the ground.
6) The top of the faux tree shall be a minimum of 5 feet above the highest
antenna.
7) Branch foliage shall reflect varying colored "leaves" to mimic a real
broad leaf tree. The foliage shall be extruded in these colors instead of
painted. A sample branch with foliage must be submitted for City
approval prior to fabrication.
8) A custom-colored sample of bark cladding must be submitted for City
approval prior to fabrication.
9) Leafed antenna socks that match the approved foliage color must
cover all antennas.
Ordinance No. 16-1012
Page 21 of 32
1 0) Antennas shall be mounted using stand-off mounts (frame-type
mounts are unacceptable). Antenna support pipe mounts must be
painted a darker shade of green or black with a flat paint finish that
reduces reflection and mounting visibility.
11) The tower (trunk) shall conceal all coaxial cables, with access to the
antenna through the structure base.
12) The maximum monobroadleaf structure height is 40 feet.
b. Monopalm Antenna
1) The structure shall be designed for a minimum of two carriers if
feasible.
2) The monopalm structure shall exhibit sufficient palm fronds to simulate
a natural palm tree.
3) The antenna shall be concealed within the growth pod and/or the
mono palm trunk. The top of the faux tree's palm fronds shall extend a
minimum of 5 feet above the top of the antenna.
4) Frond foliage color shall vary in olive green shades to simulate palm
tree colors. A sample palm frond shall be submitted for City approval
prior to fabrication.
5) A custom-colored sample of bark cladding shall be submitted for City
approval prior to fabrication.
6) The tower (trunk) shall conceal all coaxial cables, with access to the
antenna through the base of the structure.
7) The maximum monopalm structure height (tower portion) shall be 40
feet.
c. Monopine Antenna
1) Monopine antennas shall be designed for a minimum of two carriers.
2) Monopine antennas shall have a minimum of 3.1 branches per foot for
full-density coverage, limiting spacing between the branches. Seventy
percent of the branches shall be 8 feet or longer.
Ordinance No. 16-1012
Page 22 of 32
3) Branch dispersal shall be random, with intermingled long and short
branches, to appear natural.
4) Branches shall extend beyond all antennas by at least 12 inches.
5) Branches shall begin a minimum of 15 feet above the ground.
6) The top of the faux tree shall be a minimum of 5 feet above the highest
antenna.
7) Branch foliage must be multicolored with greens and browns, matching
those of a natural pine tree. The foliage must be extruded (made from
plastic) in these colors instead of painted. A sample shall be submitted
for City approval prior to fabrication.
8) A bark cladding sample with custom color shall be submitted for City
approval prior to fabrication.
9) Pine needle antenna socks that match the approved foliage colors
shall cover all antennas.
1 0) Antennas shall be mounted using stand-off mounts (frame-type
mounts are unacceptable). Antenna support pipe mounts shall be
painted a darker shade of green or black with a flat paint finish that
reduces reflection and mounting visibility.
11) Coaxial cables shall access the structure through the base.
12) The maximum monopine height is 40 feet.
9. Monopole Antenna
a. Not allowed, except as slim-line monopoles.
b. New antenna collocation on existing monopoles requires the approval of a
new conditional use permit.
10. Satellite Earth Station Antenna
a. The following satellite earth station antennas of 1 meter or less in diameter
are permitted as an accessory use in all zone districts and may be installed
without a zone clearance or building permit.
1) An antenna that satisfies all of the following criteria:
Ordinance No. 16-1012
Page 23 of 32
• Is used to receive direct broadcast satellite service, including direct-
to-home satellite service, or to receive or transmit fixed wireless
signals via satellite.
• Is 1 meter or less in diameter.
• Does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the height
limit of the applicable zone district.
2) An antenna that satisfies all of the following criteria:
• Is used to receive video programming services via multipoint
distribution services, including multichannel multipoint distribution
services, instructional television fixed services, and local multipoint
distribution services, or to receive or transmit fixed wireless signals
other than via satellite.
• Is 1 meter or less in diameter or diagonal measurement.
• Does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the height
limit of the applicable zone district.
3) An antenna that satisfies both of the following criteria:
• Is used to receive television broadcast signals.
• Is 1 meter or less in diameter.
• Does not exceed 12 feet in height as measured from the surface on
which it is mounted and does not exceed 12 feet above the
applicable height limit of the applicable zone district.
4) For purposes of this Section, the term "fixed wireless signals" means
any commercial non-broadcast communications signals transmitted via
wireless technology to and/or from a fixed customer location. This term
does not include, among other things, AM radio, FM radio, amateur
(ham) radio, or citizens band (CB) radio.
b. A satellite earth station antenna between 1 and 2 meters in diameter that
satisfies the criteria set forth below is permitted as an accessory use,
Ordinance No. 16-1012
Page 24 of 32
subject to approval of a conditional use permit, in any zone district where
commercial or industrial uses are generally permitted.
1) The diameter of the antenna is more than 1 meter and less than or equal
to 2 meters.
2) The antenna does not exceed 12 feet in height as measured from the
surface on which it is mounted and does not exceed 12 feet above the
applicable height limit of the zone district.
c. The following safety standards shall apply to all satellite earth station
antennas that are greater than one meter but no greater than two meters in
diameter in all zone districts.
1) No antenna shall be installed in a manner that impedes normal vehicular
or pedestrian circulation.
2) Any mast used to elevate an antenna shall be constructed of
noncombustible and corrosive-resistant materials.
3) Antennas must be installed with adequate ground wire to protect against
a direct lightning strike.
4) Antennas shall be separated from adjacent power lines in accordance
with electrical code requirements and other applicable laws.
5) Any mast used to elevate an antenna shall be secured by a separate
safety wire in a direction away from adjacent power lines and other
potential hazards.
6) To the extent feasible, all cables, wires, and similar electrical
transmission devices associated with the antenna shall be placed
underground.
7) No antenna or any supporting parts shall encroach into the public right-
of-way.
8) Antennas shall be maintained in good repair and condition and in
compliance with the building code, electrical code, fire code, and other
applicable laws.
111. Slim-Line Monopole Antenna
Ordinance No. 16-1012
Page 26 of 32
4) New steeple construction on an existing structure must be consistent
with the current architectural design and be no more 45 feet in height as
measured from the existing grade to the top of the steeple.
d. Clock Tower
1) A clock tower installation must be appropriate for the location and must
be designed for a minimum of two carriers.
2) The installation is allowed, up to 45 feet in height, depending on the
surrounding environment.
3) The design must be consistent with the environmental and built setting
in which it is located.
4) In most case, use of clock tower stealth antenna shall be limited to
institutional sites and commercial projects greater than two acres in size
where the clock tower is architecturally consistent with the design of the
development and the location onsite appears to have been considered
with the original development's site plan.
13. Water Tank Antenna
a. Fagade-mounted antennas on a water tank structure shall not extend above
the top of the tank.
b. Antennas and coaxial cables shall be painted to match the color of the
structure.
14. Whip Antenna
a. Whip antenna 18 inches or less in length are allowable on any structure in
any zone.
b. Antennas up to 60 inches in length are allowable on any commercial or
industrial building provided that the antenna does not exceed the roofline
by more than 1 0 feet.
c. A whip antenna's base must be set back from the roof's edge by a distance
equal to its height.
E. Equipment Location and Screening Systems: All equipment installation types
require all coaxial, telephone, and electric cables/wires to be concealed.
Ordinance No. 16-1012
Page 28 of 32
b. In evaluating the appropriate design for a particular property, existing uses
of the property, landscaping and optimal location of the facility must be
considered.
F. Regulation of Facilities:
1. Wireless communication facilities allowable without review and approval of the
Planning Division or issuance of a zoning clearance include the following:
a. In residential zones, a whip antenna of 18 inches or less in height.
b. In nonresidential zones, a whip antenna of 60 inches or less in height.
c. In all zones, a satellite earth station antenna of 1 meter or less in diameter.
2. Wireless communication facilities requiring Planning Division approval of a
Minor Site Plan Review include the following:
a. Building fac,:ade antennas in the C-1, C-1-R, C-2, C-3, M-1, M-2 zones and
in the Downtown Specific Plan
b. Slim-Line Monopoles in the C-1, C-1-R, C-2, C-3, M-1, and M-2 zones.
c. Stealth Installations in the C-1, C-1-R, C-2, C-3, M-1, M-2 zones and in the
Downtown Specific Plan
3. All other wireless communication antennas require City Planning Commission
approval of a conditional use permit prior to installation.
4. All permitted antennas must comply with the City building code, electrical code,
fire code, and other applicable laws.
Ordinance No. 16-1012
Page 29 of 32
G. City Use of Consultants: The Director may require the applicant to provide an
authorization to permit the City to hire an independent, qualified consultant to
evaluate any technical aspect of the proposed use, including issues involving radio
frequency emissions, alternative designs, and alternative sites. Any authorization
for this purpose shall include an agreement by the applicant to reimburse the City
for all reasonable costs associated with the consultation. Any proprietary
information disclosed to the City or the consultant is deemed not to be a public
record and shall remain confidential and not to be disclosed to any third party
without the express consent of the applicant, unless otherwise required by law.
H. Enforcement: The City may withhold the issuance of business licenses, building
permits, grading permits, certificates of occupancy, and other land use
entitlements and may issue stop work orders for a WCF project failing to comply
with the provisions of this Article. If any improvements authorized by this Article
are either rendered unusable or discontinued, the property owner and tenant rnay
be subject to enforcement procedures in compliance with Municipal Code Title 4
(Law Enforcement).
I. Radio Frequency Emissions Compliance: Upon installation of the facility, the
applicant shall demonstrate that the project will not result in levels of radio
frequency emissions that exceed Federal Communications Commission
standards, including FCC Office of Engineering Technology (OET) Bulletin 65,
Evaluating Compliance with FCC Guidelines for Human Exposure to
Radiofrequency Electromagnetic Fields, as amended. Additionally, if the Director
determines the wireless telecommunications facility, as constructed, may emit
radio frequency emissions that are likely to exceed Federal Communications
Commission uncontrolled/general population standards in the FCC Office of
Engineering Technology (OET) Bulletin 65, Evaluating Compliance with FCC
Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, as
amended, in areas accessible by the general population, the Director may require
post-installation testing to determine whether to require further mitigation of radio
frequency emissions. The cost of any such testing and mitigation shall be borne
by the applicant. Applications for amateur radio antennas or antennas installed for
home entertainment purposes are exempt from this requirement
J. Collocation: The collocation of antennas on a single support structure is
encouraged. This includes collocation with other wireless telecommunications
antenna facilities including those of public and quasi-public agencies using similar
technology unless specific technical constraints preclude collocation.
Ordinance No. 16-1012
Page 30 of 32
1. Wireless Facilities and Wireless Transmission Devices: No person may place,
affix, attach, mount, construct, erect, install, develop, use, operate and
maintain, or modify a wireless facility, wireless transmission device, support
structure and/or accessory equipment within the City without a conditional use
permit approved by the Planning Commission, or the City Council in the course
of an appeal, following a noticed public hearing on the matter. Notwithstanding
the foregoing, administrative collocation may be allowed as approved in
subsection C. of this Section.
2. Collocation -General: No person may collocate a wireless facility or wireless
transmission device, including related accessory equipment, without meeting
the requirements of subsection C of this Ordinance. Notwithstanding the
foregoing, administrative collocation is allowed as approved in the following
manner.
3. Administrative Collocation: If, following the submission of a completed
application form and all required materials, the Community Development
Director determines that a proposed collocation qualifies as an "administrative
collocation" as defined herein, such proposal shall not require a conditional use
permit but shall be approved by the Community Development Director through
the issuance of a zoning clearance permit. The foregoing notwithstanding, an
administrative collocation approval shall be subordinate and subject to the
conditions of approval associated with the wireless telecommunications
collocation facility to which it relates and administrative collocation shall not
defeat the existing concealment elements of the facility to which it relates or
otherwise violate or be inconsistent with the conditions associated with the prior
approval of the facility to which it relates (unless the inconsistency does not
exceed the "substantial change" thresholds identified in Federal
Communications Commission regulations or orders). Also, the life of a zoning
clearance approval may not exceed the life of the underlying conditional use
permit or other underlying discretionary authorization corresponding to the
wireless telecommunications collocation facility upon which the proposed
wireless transmission device and corresponding accessory equipment will be
placed or installed.
K. Justification Study: The applicant shall submit a justification study indicating the
rationale for selecting the proposed use, a detailed explanation of the coverage
gap that the proposed use would serve, and how the proposed use is the least
intrusive means for the applicant to provide wireless service.
L. Public Rights of Way and Publicly Owned Property: See Title 6, Chapter 4, Article
A (6-4A) for regulations on telecommunications facilities and wireless
telecommunications facilities in public rights of way.
Ordinance No. 16-1012
Page 31 of 32
M. Update of Wireless Communications Facility Ordinance: As the wireless industry
and its services evolve, its equipment will change as well. The WCF Ordinance will
need periodic updates to incorporate the wireless industry's changing environment
and the progress made toward "stealthing" antennas and equipment.
SECTION 4. Environmental Review. The City Council hereby makes a finding
of adequacy with the Negative Declaration and hereby adopts the Negative Declaration,
as the environmental clearance for the proposed municipal code amendment.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6. Effective Date and Duration. This ordinance shall become effective
30 days from and after the date of its final passage.
SECTION 7. Publication. The City Clerk is directed to cause this ordinance to
be posted or published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 19th day of January, 2016.
_______________ ,Mayor
ATTEST:
Peggy Kuo, City Clerk
Ordinance No. 16-1012
Page 32 of 32
APPROVED AS TO FORM
Eric S. Vail, City Attorney