Chapter 9.68 — WIRELESS COMMUNICATION FACILITIES AND TOWERS

Sections:

• 9.68.010 Purpose and application. 9.68.020 Definitions. 9.68.030 Principle or accessory use. 9.68.040 Measurement of setbacks. 9.68.050 Effect on non-conforming uses. 9.68.060 General standards. 9.68.070 Co-location of facilities. 9.68.080 Exemptions. 9.68.090 Permitted and conditional uses. 9.68.100 Application process. 9.68.110 Appeals. 9.68.120 Review criteria. 9.68.130 Federal and State regulations. 9.68.140 Removal of abandoned antennas, towers, supporting equipment, and structures.

The purpose of this chapter is to establish standards for the appropriate siting and change in location of any telecommunications antenna and related facility, including, but not limited to, antennas for wireless telecommunications facilities and amateur radio installations. These standards are adopted to promote the following objectives:

• A. Minimize the potentially adverse effects of telecommunications antenna and facility installation.

• B. Protect against visual blight, which may result from unregulated installation of antennas and other telecommunications facilities, and ensure the co-location of new and existing tower and antenna sites whenever possible.

• C. Protect the public safety and general welfare of the community.

• D. Ensure that a competitive and broad range of telecommunications services and high-quality telecommunications infrastructure are provided.

• E. Create and preserve telecommunications facilities that will serve as an important and effective part of Avenal’s emergency response network.

For the purposes of this chapter, unless otherwise defined, the following words and phrases, when used in this chapter, are defined as follows:

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“Antenna” means a system of poles, panels, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to, radio waves and microwaves.

“Antenna, amateur radio” means a ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).

“Antenna array” means one or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include an omni-directional antenna (rod), directional antenna (panel), and parabolic antenna (disc). The antenna array does not include the support structure as defined below.

“Antenna, building mounted” means an antenna that is mounted to a building or rooftop equipment screen and that transmits or receives electromagnetic signals.

“Antenna, direct broadcast satellite service (DBS)” means an antenna that is typically a small home receiving dish designed to receive direct broadcast from a satellite.

“Antenna, multipoint distribution services (MDS)” means an antenna designed to receive video programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.

“Antenna structure” means an antenna array and its associated support structure, such as a mast or tower (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including, but not limited to, radio waves and microwaves.

“Antenna structure, freestanding” means an antenna structure or mast that is not attached to a building, fence, or other structure. Freestanding antenna structures include, without limitation, communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds 20 feet, it shall be treated as a monopole.

“Antenna structure, monopole” An antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood, which is at least 20 feet in height.

“Attached wireless communication facility (attached WCF)” means an antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

“Co-locate or co-location” means use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

“Equipment facility” means any structure used to contain ancillary equipment for a WCF, which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.

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“FAA” means the Federal Aviation Administration.

“FCC” means the Federal Communications Commission.

“Height” means the distance measured from ground level to the highest point on the WCF, including the antenna array.

“Pre-existing tower and antenna” means any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance codified in this chapter.

“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. This definition includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

“Wireless communication facility (WCF)” means any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.

Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such a lot.

For purposes of determining compliance with development standards in this title, including, but not limited to, setback requirements, lot coverage requirements, and other applicable requirements, the dimensions of the entire lot shall be considered, even though the antennas or towers may be located on leased areas within such lots.

Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a non-conforming use or structure.

The following requirements and standards shall apply to the construction and installation of all new wireless communication facilities (WCF):

• A. All standards set forth in this chapter.

• B. Any applicable federal, State, and local laws, regulations, and ordinances.

• C. All applicable provisions of the Avenal Municipal Code, Avenal Zoning Ordinance, public works improvements standards, and all applicable fees that are not in conflict with the provisions of this chapter.

• D. The California Building Code, National Electrical Code, Plumbing Code, Mechanical Code, and Fire Code, where applicable.

• E. All FCC rules, regulations, and standards.

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When technically and economically feasible, a WCF shall be attached to an existing structure (attached WCF), shall co-locate with another WCF, or create sites that will accommodate future co-location of other WCFs in the future.

• A. The following WCF shall be exempt from the requirements of Section 9.68.090, and a building permit is not required.

  1. Construction of an antenna under a permit issued by the California Public Utilities Commission (CPUC) or a permit issued in accordance with the rules and regulations of the Federal Communications Commission (FCC) that specifically allows for the construction of the antenna.

  2. Direct broadcast satellite (DBS) antennas, multipoint distribution services (MDS) antennas, and television broadcast service (TVBS) antennas that are one meter (3 feet 3 3/8 inches) or less in diameter or in diagonal measurement are located entirely onsite and are not located within the front setback area of the lot on which they are located. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in safety hazards.

• g. The following WCF shall be exempt from the requirements of Section 9.68.090 of this chapter; however, a building permit is required.

  1. Satellite Earth Station (SES) antennas that are two meters (6 feet 6 3/4 inches) or less in diameter or in diagonal measurement are located in a C-S or I zone district and are located on the top of buildings as far away as possible from the edges of rooftops so that they cannot be viewed from a public right-of-way.

  2. Amateur radio antenna structures that are 24 inches or less in diameter or in diagonal measurement and where no portion of the antenna overhangs any property line.

  3. Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located and that does not result in an increase in the size of the overall WCF site.

  4. Modification to an existing, approved antenna/tower where the modification does not result in an increase in the height of the existing, approved antenna/tower and does not provide for more than three communication providers on a single antenna/tower.

Wireless communications facilities that are not exempt per Section 9.68.080 shall be either permitted or conditional uses in accordance with this section. If this section appears to conflict with the table in Section 9.08.030, then this section shall apply.

• A. The following WCF shall be permitted uses. A site plan review permit issued in accordance with Chapter 9.72, and a building permit is required.

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1. Installation of a monopole on an existing structure located in the PF zone district or in any commercial, mixed-use, or industrial zone district where the height of the monopole is not higher than 20 feet above the height of the existing structure.

2. Installation of a concealed or disguised antenna located on the ground and/or attached to a building in the PF zone district, or any commercial, mixed-use, office, or industrial zone district where the antenna does not exceed the maximum height limits of the zone district in which it is located.

3. Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located and that results in less than a 30 percent increase in the size of the overall WCF site.

• h. The following WCF shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 9.80. A site plan review permit issued in accordance with Chapter 9.72, and a building permit is also required:

  1. Installation of a new free-standing antenna/tower with no guy wires in the C-S, C-N, MU, OS, or PF zone districts that does not exceed 75 feet in height. The Planning Commission may approve a WCF with a height higher than 75 feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.

  2. Installation of a new free-standing antenna/tower with no guy wires in the I zone district that does not exceed 100 feet in height. The Planning Commission may approve a WCF with a height higher than 100 feet if the height of the WCF is less than twice the distance of the antenna/tower to the nearest lot line.

  3. Modification to an antenna/tower approved by conditional use permit where the modification results in an increase in the height of the approved antenna/tower.

• i. Wireless communication facilities that are not exempt per Section 9.62.060 are prohibited in any residential zone district.

The following shall be submitted at the time of application.

• A. Documentation prepared and sealed by a professional engineer registered in the State of California stating that it is technically or practically impossible to provide a reasonable level of service by co-locating the tower or antenna on an existing structure.

• A. The technical documentation shall include a map of the search area, all potential co-location sites stating why each is unsuitable, and the total number of towers the service provider currently owns and plans to construct within the geographic antenna coverage area or within the next two years.

• B. The applicant must submit, in writing, a declaration from owners of all technically feasible co-location sites that they are unwilling to negotiate space or evidence that the applicant has tried, in good faith, to negotiate reasonable terms for co-location and failed.

• j. A scaled site plan, scaled elevation view, and supporting drawings, calculations, and other documentation, prepared and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including topography, tower height

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requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses and any other information necessary to assess compliance with this Ordinance and compatibility with surrounding uses.

• k. Documentation that FCC’s minimum lighting standards have been applied.

• l. A Radio Frequency Radiation (RFR) Report from a licensed Radio Frequency Engineer and a copy of the most recent EMF and RFR reports and certifications required by the FCC shall be provided by the carrier at the time any application required by this article is submitted to the Community Development Director, which documents the proposed facility’s anticipated RFR levels. Documentation that the proposed tower, antennas, and equipment comply with all applicable FCC regulations to protect the public from unnecessary exposure to electromagnetic radiation and documentation shall be provided that power density levels do not exceed those permitted by the FCC.

• m. Documentation, prepared and sealed by a professional engineer registered in California, that the proposed tower and attached antennas do not exceed the minimum height necessary to accomplish the purpose for which they are constructed.

• n. A notarized statement by the owner or CEO of the tower specifying the number of co-location sites the owner will make available on the proposed tower and a declaration that such sites will be negotiated in good faith at reasonable terms to other service providers.

• o. Documentation, prepared and sealed by a professional engineer registered in California, to demonstrate that the telecommunication tower has sufficient structural integrity for its intended uses. All towers and attached antennas shall be capable of withstanding winds of at least 150 miles per hour and an earthquake in zone No. 4.

• p. If the proposed tower or antenna is to be located on lands owned by a party other than the applicant or the City, a copy of the lease agreement shall be with the property owner.

• q. Documentation consisting of a certificate of insurance verifying a general liability coverage of at least $1,000,000.00 at no cost to the City of Avenal. The certificate shall contain a requirement that the insurance company shall notify the City 30 days prior to the cancellation, modification, or failure to renew the insurance coverage required.

• r. 10. A copy of the approved National Environmental Policy Act of 1969 (NEPA) compliance report for all towers, antennas, accessory structures, or equipment proposed for the site.

• s. A memo of understanding regarding the removal of abandoned antennas and towers. Any tower or antenna that is not operated for 180 continuous days in 12 months shall be considered abandoned. The owner of such antenna(s) or tower shall be responsible for its removal within 90 days of receipt of such notification by the City. Failure to remove abandoned equipment will result in its removal by the City at the owner’s expense.

Every application must comply with the following development standards:

• A. Radio Frequency. The applicant must submit documentation demonstrating that use of the WCF will not result in levels of radio frequency emissions that will exceed Federal Communication Commission (FCC) standards. Such documentation shall not be required for amateur radio antenna structures or for antennas installed for home entertainment purposes.

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1. All broadcast radio and television facilities and wireless telecommunications facilities where three or more telecommunication antennas or facilities are co-located on the same structure or on a parcel or on a separate parcel of land within 300 feet of another telecommunications antenna or facilities antenna shall prepare and submit an annual RFR monitoring report and a copy of any RFR reports or certifications required by the CPUC and FCC. The report shall address the cumulative field measurements of radio frequency emissions of all antennas installed at the subject site or location. The report shall quantify the radio frequency emissions and compare the results with either the most current American National Standards Institute (ANSI) standards or other standards adopted by the FCC or CPUC. Said report shall be subject to review and approval of the Community Development Director and shall clearly identify the cumulative field measurements and compare these measurements to the most current ANSI, PCC, and CPUC standards for consistency with the accepted standards. If the City finds that the wireless telecommunications facilities service providers do not meet these standards, the service providers shall bring the entire site into compliance with said standards or be subject to review before the Planning Commission at a public hearing where the operation permit may be modified or revoked.

• B. Structural Integrity. WCF with support structures must be constructed to Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard titled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” (or equivalent), as it may be updated or amended. Antenna/towers supported by guy wires are prohibited within the city.

• C. Monopoles shall be the only type of telecommunication towers permitted in Avenal. Neither guyed towers nor lattice-type towers shall be permitted.

• D. Lighting. WCF shall not be artificially lighted except for:

  1. Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site.

  2. Lighting of the tower or antenna may be required by the Federal Aviation Administration or other applicable authority. Said lighting is to be installed in a manner to minimize impacts on adjacent properties.

• t. Security. WCF with tower/antenna structures shall be enclosed by a security fence not less than six feet in height, and the structure shall be equipped with an appropriate anti-climbing device.

• u. Noise. A description of all audible noise-generating equipment, including the times and decibel levels of the noise that will be produced, shall be submitted with the application for the project. No equipment shall be operated at a WCF that produces noise in excess of the applicable noise standards stated in the Avenal General Plan. In emergency situations requiring the use of a backup generator, the noise standards may be exceeded on a temporary basis as determined by the Community Development Department.

• v. All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. Antennas that will be viewed primarily against the skyline shall be painted light gray, light blue, or other sky-blending color. WCF with tower antenna structures shall be designed and painted to blend in with existing surroundings to the extent feasible as determined by the Community Development Department, including the use

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of compatible colors. Equipment facilities shall, to the extent practicable, use materials, colors, and textures that will blend with the natural setting and existing building environment.

• w. The minimum distance between wireless communication facilities shall be at least a half-mile radius from any other wireless communication facility in the geographic antenna coverage area.

• x. Height. Maximum tower height, including antenna and other attachments, shall not exceed 200 feet, measured vertically from the pre-disturbance ground level at the center of the tower. In no case shall a wireless communication facility, tower, or antenna exceed the minimum height necessary to accomplish the purpose it is intended to serve.

• y. Screening. If the base of a telecommunications tower, to a minimum height of 10 feet above average grade at the tower base, is visible from any public right-of-way, screening shall be required. Screening shall be a minimum width of five feet with planting material placed 10 feet on center, that is a minimum of five feet in height when planted, and that is expected to reach a height of 10 feet within three years. Suitable plant types shall be those recommended by the City of Avenal.

• z. Signage. Wireless communication facilities shall not display signage, logos, symbols, or any messages of a commercial or non-commercial nature on towers, support structures, or the fence-securing tower except that one sign, not visible from a public right-of-way or adjacent residences, shall be posted on the fence gate identifying the current owner of the tower, emergency contact person or agency, and applicable contact numbers.

• aa. Outdoor storage of equipment or related items shall be prohibited on tower sites.

• bb. Electrical and telephone lines extended to serve a wireless communication facility shall be installed underground.

• cc. Sound emissions, such as alarm bells, buzzers, and the like, shall not be permitted.

• dd. Backup generators will be permitted if they meet the requirements of this section.

Appeals to a decision of the reviewing authority of a variance or minor deviation shall be submitted and processed consistent with the procedures in Chapter 9.70.

• A. All towers/antenna structures must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC), and any other agency of the federal or State government with the authority to regulate towers and antennas.

• B. If said standards and regulations are modified or amended and require pre-existing WCFs to comply with the new or amended standards or regulations, the owners and operators of the towers and antennas shall bring their towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the new standards and regulations, unless the new standards or regulations or the applicable federal or State agency identify a different and specific compliance period, in which case the owners and operators of the towers and antennas shall bring their towers and antennas into compliance within that specific compliance period.

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• C. Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute a violation of this chapter, and the City may require the removal of the tower or antenna at the owner’s expense.

• A. Any antenna, tower, supporting equipment, and structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna tower, or owner of the land on which it is located shall remove said antenna, tower or supporting equipment within 90 days of receipt of notice from the Director notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the City may remove such antenna or tower at the owner’s expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

• B. If the cost of removal of the antenna or tower is not paid within 30 days after the date on which the notice of request for payment is mailed to the owner of the property, the City Council may direct the County Tax Assessor to place the unpaid costs, including administrative fees associated with the removal on the county tax roll, as a special assessment against the property pursuant to Section 25845 of the Government Code of the State of California. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes shall be applicable to such special assessment.

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