Chapter 19.78 — WIRELESS TELECOMMUNICATIONS FACILITIES

The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development of wireless telecommunications facilities. The regulations contained herein are intended to protect and promote public health, safety, community welfare and the aesthetic quality of the city while at the same time providing reasonable opportunities for providers of wireless telecommunications services to provide such services in a safe, effective and efficient manner.

California cities are preempted from regulating various aspects of wireless communications facility siting by both state and federal law. In particular, cities cannot prohibit or effectively prohibit wireless facilities, unreasonably discriminate against wireless service providers or regulate such facilities on the basis of radio frequency emissions to the extent those emissions comply with federal standards. These regulations are further intended to:

• A. Require the location of new monopoles, towers and antennas in non-residential zoning districts unless technically necessary for provision of the service.

• B. Require telecommunications facilities to be designed in a way to minimize adverse visual impacts.

• C. Encourage co-location of facilities.

• D. Protect the public's interest in the safe operation of public safety, emergency and medical services.

• E. Protect the public from exposure to electromagnetic frequency or radio frequency radiation in excess of federal standards.

• (Ord. 2205, Ord. 2519 §32)

A. Antenna - Any system of wires, poles, rods, panels, reflecting discs or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure.

• B. Building-Mounted Antenna - Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to the side of a building, tank, tower or structure other than a telecommunications tower.

• C. Co-location - The practice of two or more wireless telecommunications facilities service providers sharing one support structure or building for the location of their facilities.

• D. EMF/RF - Electromagnetic radio frequency/radio frequency.

• E. FAA - Federal Aviation Administration.

• F. FCC - Federal Communications Commission.

• G. Ground-Mounted Antenna - An antenna with its support structure placed directly on the ground.

• H. Lattice Tower - A three or more legged open structure designed and erected to support wireless telecommunications antennas and connecting appurtenances.

• I. Monopole - A single pole structure designed and erected to support wireless telecommunications antennas and connecting appurtenances.

• J. Roof-Mounted Antenna - An antenna directly attached to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.

• K. Satellite Dish Antenna - Any device incorporating a reflective surface that is solid, open mesh or bar configured,

that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or

radio frequency communication/signals in a specific directional pattern.

L. Stealthing - Improvements or treatments added to a wireless telecommunications facility which mask or blend the proposed facility into the existing structure or visible backdrop in such a manner as to minimize its visual impacts. Stealthing may utilize, but does not require, concealment of all components of a facility. Examples of stealthing include, but are not limited to, the design and construction of a tower so that it is disguised as a tree or sculpture, or the incorporation of colors and design features of nearby structures.

• M. Substantially Change - means a modification to an existing facility that meets any of the following criteria:

1. An increase in the height of the existing tower by more than ten percent (10%), or by the height of twenty (20) feet, whichever is greater; or

2. An appurtenance that protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; or

3. The installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four (4) cabinets;

4. Any excavation or construction outside the structural footprint of the wireless telecommunications tower or base station;

5. Defeats one or more of the existing concealment elements of the wireless telecommunications tower or base station; or

6. Does not comply with conditions associated with the prior approval of construction or modification of the wireless telecommunications tower or base station, unless the non-compliance is due to a change that would otherwise not be defined as "substantial modification" as identified herein.

• N. Telecommunications Tower or Tower - A monopole or lattice tower.

• O. Wireless Telecommunications Facility or Facility - Any structure, antenna, pole, equipment and related

improvements the primary purpose of which is to support the transmission and/or reception of electromagnetic signals, including, but not limited to, telecommunications towers.

(Ord. 2205, Ord. 2519 §33)

This chapter shall apply to all wireless telecommunications facilities for the transmission and/or reception of wireless radio, television, and other telecommunications signals including, but not limited to, commercial wireless communications systems such as cellular and paging systems, except those facilities defined in this chapter as exempt facilities.

(Ord. 2205)

The following wireless telecommunications facilities are exempt from the requirements of this chapter, provided that they are constructed on sites previously developed and that they meet the requirements set forth below.

• A. Facilities accessory to a residential use of a site which meet the requirements set forth below.

1. One ground, roof, or building-mounted receive-only radio or television satellite dish antenna which does not exceed 36 inches in diameter per dwelling unit. Such satellite dishes shall not extend above the roof peak or parapet of the primary structure on the parcel.

2. A single ground, roof, or building-mounted receive-only radio or television antenna including any mast. Such antennas shall not exceed a maximum height of 40 feet measured from the ground and shall not be located in front or side yard setbacks.

3. A ground, roof, or building-mounted citizens band radio antenna, including any mast, which does not exceed a maximum height of 40 feet measured from the ground. Such antennas shall not be located in front or side yard setbacks.

4. A ground, roof, or building-mounted antenna which does not exceed a maximum height of 40 feet and which is operated by a federally-licensed amateur radio operator. Such antennas shall not be located in front or side yard setbacks.

B. Government-owned communications facilities used primarily to protect public health, safety and welfare.

C. Facilities operated by providers of emergency medical services, including hospital, ambulance and medical air transportation services, for use in the provision of those services.

D. Any facility specifically exempted under federal or state law.

E. Temporary facilities erected and operated for use in emergency situations which are approved in writing in advance of installation by the director. Use of such facilities shall not exceed two weeks unless an extension is granted by the director.

F. Antennas for two-way radio communications systems operated only as an internal business communications system by owners/operators and not made available to third parties. Such facilities shall not be located within any required setbacks and shall not exceed a maximum height of 40 feet measured from the ground.

G. Repair or replacement of a lawfully-established existing facility so long as the repair or replacement does not substantially change the height or appearance.

H. Receive-only radio or television antennas incidental to non-residential use, if the antenna meets the development standards set forth in Section 19.78.110, does not require issuance of a building permit for its installation, and is solely for the use of the occupants of the site on which it is located.

The exemptions set forth in this section shall apply only to facilities demonstrating radio-frequency emission compliance with FCC regulations pursuant to FCC Office of Engineering Technology (OET) Bulletin No. 65 entitled “ Evaluating Compliance With FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields” (August 1977 or later revisions or successors thereto) and shall not apply to any facility not categorically exempt from FCC regulation pursuant to FCC OET 65, or to any facilities operated, leased to, or used by common carriers or wireless telecommunications service providers or to television and/or radio broadcast facilities. (Ord. 2205, Ord. 2364 §401; Ord. 2381 §10, Ord. 2519 §34)

To the maximum extent feasible, new telecommunications towers shall be located according to the following preferences, with the most preferred sites listed first:

• A. Sites zoned ML, MG and AM;

• B. Sites zoned OC, CC, CR and CS.

• (Ord. 2205, Ord. 2427 §54)

A. No wireless telecommunications facility shall be constructed or modified without first obtaining a use permit or a wireless telecommunications facilities permit, as specified below.

NP=Not permitted UP= permitted with a use permit WTFP=permitted with a wireless telecommunications facilities permit (1) Subject to the limitation that new towers are not permitted within 500 feet of any elementary or secondary school or within 500 feet of any residential zone. (2) New towers within 1000 feet of an existing tower require a use permit.

(3) New towers are permitted in the TND Zoning District with a use permit only on properties with the CORE TND designation, subject to the limitation that they are not permitted within 500 feet of any elementary school or residential zoning district.

B. In all zones in which a new telecommunications tower is listed as NP (not permitted), such a facility may nevertheless be permitted by use permit if the planning commission makes the findings required by section 19.78.100. C. Facilities which would otherwise be exempt from the requirements of this chapter but which do not meet the size, height, setback or other requirements of section 19.78.040, above, may be permitted by a use permit.

D. Facilities which would otherwise be permitted with a wireless telecommunications facilities permit, but which do not meet the development standards required for such permits, may be permitted with a use permit. (Ord. 2205, Ord. 2358 §21, Ord. 2427 §55)

The following items shall be required for each permit for a wireless telecommunications facility.

• A. Use Permits.

1. All application materials generally required for a use permit.

2. All materials listed below as required for a wireless telecommunications facilities permit application.

3. An alternative height analysis for any facility exceeding the height standards set forth in Section 19.78.120.

This analysis shall demonstrate that the proposed height is designed at the minimum height necessary and shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height in the standards set forth in Section 19.78.120. It shall also address whether the additional height would be required if the facility were located at a different site. The purpose of this analysis is to ensure that additional height is permitted only when technically necessary for the provision of services.

4. An alternative site analysis. This analysis shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co- location. The analysis shall also explain the rationale for the selection of the proposed site in view of the relative merits of any feasible alternatives. The purpose of this analysis is to present alternative strategies for the minimization of the number and impacts of facilities necessary to provide the service.

• B. Wireless Telecommunications Facilities Permits.

1. A site plan which includes the location of all structures and equipment to be located on the site.

2. Elevations of all proposed wireless telecommunications structures and appurtenances and composite elevations from the streets adjoining the site, showing the proposed project and all buildings on the site.

3. Photo simulations, elevations or other visual or graphic illustrations necessary to determine potential visual impact of the proposed project. Visual impact demonstrations shall include accurate scale and coloration of the proposed facility.

4. A landscape plan that shows existing vegetation, vegetation to be removed and proposed plantings by type, size and location.

5. A geographic service area map showing:

a. The applicant’s wireless telecommunications network within 10 miles in all directions of the proposed site, including all facilities which exist at the time and for which applications are pending;

• b. The hand-off sites within the above area;

• c. The area in which the facility could be located to provide the proposed new or expanded service; and

• d. All other existing sites that could be used for the proposed antenna location.

6. A statement of how the proposed facility satisfies the locational preferences established by this chapter or, if the proposed location is not a preferred location, a description of the preferred location sites within the geographic service area and a statement of why each alternative site was rejected.

7. Noise and acoustical information for the base transceiver stations, equipment buildings and associated equipment such as air conditioning and back-up generators.

8. A statement by the applicant of whether it is willing to allow other carriers to co- locate on their facilities whenever technically and economically feasible and aesthetically desirable.

9. A report, signed by a qualified radio frequency engineer and prepared pursuant to FCC OET 65, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the FCC. Such reports shall take into account all other facilities within 2,000 feet, both existing and known future facilities, the cumulative effects of co-located facilities, and existing nearby buildings and structures, and shall be written in plain English.

10. For new telecommunications towers, a biological resource survey demonstrating that the facility and construction of the facility will avoid all sensitive habitats and rare, threatened and endangered species. The director may waive this requirement based on a finding that existing information verifies the lack of such biological resources on the site.

C. When an application is submitted for a use permit and the proposed facility would be located in a zoning district in which such a facility is generally not permitted, or within 500 feet of any elementary or secondary school or within 500 feet of any residential zoning district, the city shall hire an independent consultant, at the applicant's sole expense, to review the application and to provide an analysis of whether the facility is necessary in that zoning district in order to provide the service.

D. When an application is filed and the report required pursuant to 19.78.070.B.9 states that the maximum EMF/RF radiation to be emitted by the proposed facility will exceed 80% of the maximum permissible EMF/RF emissions, as set by Federal regulation, the City shall hire an independent consultant, at the applicant’s sole expense, to review the application and to provide an analysis of the EMF/RF emissions.

(Ord. 2205; Ord. 2223, Ord. 2364 §402; Ord. 2381 §11, Ord. 2519 §35)

All use permit and wireless telecommunications facilities permit applications shall be reviewed by the airport manager for a determination as to whether the proposed facility will encroach into navigable air space as defined by part 77 of Title 14 of the Code of Federal Regulations.

(Ord. 2205)

A. Use permits. All noticing for hearings on use permit applications for wireless telecommunications facilities shall be in accordance with Section 19.10.020, except that notice shall be provided to all owners and occupants of real property within 1000 feet of the site proposed for the facility.

B. Wireless telecommunications facilities permits. Before issuing a wireless telecommunications permit, the director shall provide written notice to all owners and occupants of real property within 1000 feet of the site proposed for the facility. Such notice shall be mailed no less than 10 days prior to the director’s action on the permit and shall state the date that the permit will be issued and describe the facility which will be permitted. Such notice shall also state that, while an aggrieved person may appeal the determination to issue the permit, the decision may be reversed or

modified on appeal only if the planning commission determines that the director erroneously determined that the requirements for the issuance of the permit were met.

(Ord. 2205, Ord. 2364 §403)

All use permit applications for wireless telecommunications facilities shall be acted upon by the planning commission.

A. Use permits may be granted for wireless telecommunications facilities only if all of the following findings are made.

1. All findings otherwise required for a use permit pursuant to chapter 19.24.

2. The facility to be permitted will not generate EMF/RF radiation in excess of the FCC adopted standards for human exposure.

3. If the height of the facility exceeds the standards set forth in Section 19.78.120, that the facility has been designed to minimize its height and other visual effects.

4. The facility does not encroach into navigable airspace as defined by Part 77 of Title 14 of the Code of Federal Regulations.

5. For a wireless telecommunications facility which will be located in any zoning district in which such a facility is generally not permitted:

a. The applicant has demonstrated, based on technical necessity, that the facility must be located within one of those zoning districts in order to provide the service; and

b. The denial of a use permit to allow a facility in one of those zoning districts would constitute a prohibition of the affected wireless telecommunications services in violation of federal law; and

c. If the facility is proposed to be located in a residentially-zoned district, the applicant has demonstrated, based on technical requirements, that the service cannot be provided by locating the facility in a non-residential zone.

6. For a new telecommunications tower which is proposed to be located within 1,000 feet of an existing tower:

• a. The cumulative visual impacts are not significant; and

b. Location within 1,000 feet of the existing tower is technically necessary to provide services not possible with co-location on an existing tower or structure in the service area.

B. A finding of technical necessity to locate in a particular zoning district shall only be made if the planning commission finds that, based on the operational capabilities of the type of equipment used to provide the service, it is not possible to provide substantially the same additional services by locating one or more facilities in alternative locations outside of that district.

C. Use permits issued for new telecommunications towers in residential or open space zones may be conditioned upon the use of stealthing techniques to disguise the facility and make it less visually intrusive.

D. Use permits for wireless telecommunications facilities shall be approved or denied by resolution. A resolution granting a use permit shall contain all of the findings required by this section and all conditions applicable to the use permit. A resolution denying a use permit application for a wireless telecommunications facility shall state the reasons for denial, which reasons must be based on evidence before the commission at the time the decision to deny was reached.

(Ord. 2205, Ord. 2519 §36)

A. Wireless telecommunications facilities permits shall be acted upon by the director. Wireless telecommunications facilities shall be issued when all of the following requirements are met.

1. The facility meets the development standards set forth in this chapter.

2. The facility will not generate EMF/RF radiation in excess of the FCC adopted standards for human exposure.

3. If the facility is a new telecommunications tower, it does not exceed 100 feet in height, or 65 feet in height if located in the AM zoning district.

4. The facility does not encroach into navigable airspace as defined by Part 77 of Title 14 of the Code of Federal Regulations.

5. If the facility is a new telecommunications tower, that the facility, and construction thereof, will avoid all sensitive habitats and rare, threatened and endangered species which may be on the site.

• B. The director shall act on all applications for wireless telecommunications facilities permits within 90 days of the submission of a completed application.

` C. Wireless telecommunications facilities permits shall be approved or denied in writing. All denials shall state the reasons for the denial. Reasons for denial shall be limited to a finding by the director that one of the requirements for issuance, as set forth in A., above, has not been met.

(Ord. 2205, Ord. 2364 §404, Ord. 2519 §37)

• A. New Telecommunications Towers.

1. No new telecommunications tower shall be located within 500 feet of any elementary or secondary school or within 500 feet of any residential zone.

2. Unless otherwise required by the Federal Aviation Administration (FAA), or unless stealthing has been

required, telecommunications towers located in all non- airport zones shall be painted a single, neutral, non-glossy color designed to minimize visual impacts. New telecommunications towers located in any airport zone shall be painted and lit with a beacon in accordance with FAA standards.

3. All telecommunications towers in non-airport zones shall be unlit unless lighting is required pursuant to FAA regulations or the planning commission finds that lighting should be required to prevent the tower from becoming a hazard to aircraft. When lighting is required, it shall be shielded or directed in such a manner as to minimize the amount of light that falls onto nearby properties.

4. New telecommunications towers shall generally not be permitted within 1,000 feet of an existing telecommunications tower. New telecommunications towers otherwise permitted with a wireless telecommunications facilities permit, but which are proposed to be located within 1,000 feet of an existing telecommunications tower, shall require a use permit which may be granted upon a finding that cumulative visual impacts are not significant and that the tower is necessary to provide services not possible with co-location on an existing telecommunications tower or structure in the service area.

5. Ground-mounted equipment shall be undergrounded or screened from view.

6. Parking and access shall be on an improved surface.

7. If the telecommunications tower is more than 100 feet in height, it must be designed at the minimum height functionally required. This determination shall be based on the alternative height analysis submitted as part of the application for the facility or on an independent analysis obtained by the City pursuant to section 19.78.070.

8. No facility or combination of facilities shall generate EMF/RF in excess of the FCC adopted standards for human exposure.

9. Each telecommunications tower shall be identified by a sign placed on or near the tower, or any accessory building, which sets forth the name, address and a 24-hour telephone number of the facility’s operator.

10. Telecommunications towers for which a wireless telecommunications facilities permit is issued shall be set back from all property lines by at least 25 feet. Setbacks for telecommunications towers subject to a use permit shall be determined by the planning commission as part of the use permit approval.

• B. Additional facilities to be co-located on an existing telecommunications tower.

1. The original telecommunications tower was constructed and is operating in accordance with the requirements of the wireless telecommunications facilities or use permit originally issued for that facility.

2. The type and size of the new antennas are consistent with the requirements of the original wireless telecommunications facilities or use permit.

3. The new antenna array does not exceed the height of the existing telecommunications tower.

4. The width of the proposed array does not exceed the width of the existing array or arrays.

5. The combined level of EMF/RF radiation for all arrays does not exceed the maximum permissible exposure level set by the FCC.

• C. Building-mounted antennas. Building mounted antennas shall be located and designed to appear an integral part of the structure. To this end, they must comply with the following standards.

The lowest part of the antenna shall be a minimum of 15 feet above grade.

2. The antenna and mountings shall not project more than 18 inches from the building surface to which it is mounted.

3. Antennas, connections and supports shall be treated to match the color scheme of the building or structure to which they are attached.

4. Antennas and connections shall not project higher than the side of the building upon which it is mounted.

5. Antennas placed on water towers shall not project above the height of the side of the water tower.

6. Exterior electrical lines serving the equipment cabinet or building shall be undergrounded.

7. All equipment shelters, cabinets or other structures utilized or built in connection with the facility shall be located inside the building being utilized for the facility, on the ground outside the setback area or any required parking area, or on the roof if screened from view.

• D. Roof-mounted antennas.

1. Roof-mounted antennas shall not exceed the maximum building height for the zoning district by more than 20 feet and shall be set back at least 20 feet from the front and side edges of the roof upon which it is mounted.

2. All equipment shelters, cabinets or other structures utilized or built in connection with the facility shall be located inside the building being utilized for the facility, or on the ground outside the setback area or any required parking area, or on the roof, if screened from view.

E. State or Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Further, the owner shall provide written notification to the Planning Division of compliance with such revised standards and regulations. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.

(Ord. 2205, Ord. 2262; Ord. 2381 §12, Ord. 2519 §38)

19.78.140 Relocation of towers from residential zones.

A. Application for replacement facilities. The purpose of this section is to encourage the removal of towers from residential zones through the relocation of such facilities to zones in which they are permitted. In order to encourage such removal, the following shall apply to all applications for new facilities which will replace such towers.

1. The use permit or wireless telecommunications facilities permit application fee for the new facility shall be waived.

2. The application shall state the location of the tower in a residential zone will be replaced by the new facility.

3. The following application materials shall not be required:

• A. An alternative site analysis;

• B. A statement of how the proposed relocation satisfies the locational preferences of this chapter;

• C. The geographic service area map otherwise required by 19.78.070.B.5;

• D. Noise and acoustical information otherwise required by 19.78.070.B.7, above, if the same type of equipment that is being used at the tower to be removed will be used at the site of the new facility;

E. The radio frequency engineer’s report otherwise required by 19.78.070.B.9, if such a report has already been submitted to the City in relation to the tower which is being removed from the residential zone and the same or equivalent equipment will be installed at the new site.

B. Removal of tower from residential zone. All use permits and telecommunications facilities permits granted as a result of an application submitted pursuant to this section shall be conditioned upon the removal of the tower which is being replaced within three months of the completion of the construction of the new facility. (Ord. 2205)

The permittee under any wireless telecommunications facilities permit or use permit for a wireless telecommunications facility shall notify the city in writing within 30 days of the cease of operation of the permitted facility. Any wireless telecommunications facility which is not operated for a continuous period of six months shall be removed within six months of the date upon which operation ceased. Any wireless telecommunications facility for which the permit has expired shall be considered abandoned and shall be removed by the facility owner within three months from the date the permit expired.

(Ord. 2205)

If any part of this chapter is, for any reason, held by a court of competent jurisdiction to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2205)

A. Appeals from decisions regarding wireless telecommunications facilities permits issued by the director may be appealed to the planning commission with a further appeal to the city council. The issues which may be reviewed on the appeal of a wireless telecommunications facilities permit shall be limited to whether the director erroneously determined whether the requirements for the issuance of such a permit, as set forth in section 19.78.110, have been met.

B. Appeals from decisions of the planning commission regarding use permits for wireless telecommunications facilities or wireless telecommunications facilities permits shall be to the city council in accordance with the

procedures set forth in chapter 2.80 of this Code. (Ord. 2205, Ord. 2364 §406)