Chapter 159 — WIRELESS TELECOMMUNICATIONS FACILITIES

The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development and operation of wireless telecommunications facilities. The regulations contained herein are intended to protect and promote the 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. (Ord. 757-C.S., passed 10-19-10)

(A) Community benefit. The city believes that access to wireless telecommunication is an essential service and should be made available to all persons, agencies, organizations and businesses desiring such service.

(B) Community welfare. The city acknowledges that there are concerns over the exposure of people and animals to electromagnetic and radio frequency radiation. The city also acknowledges that regulations promulgated by the Federal Communications Commission limit the city's ability to regulate the electromagnetic and radio frequency radiation emitted by wireless telecommunication facilities.

(Ord. 757-C.S., passed 10-19-10)

(A) The objectives of this chapter are to:

(1) Encourage and promote the location of new wireless telecommunications facilities in areas that are not zoned for residential use;

(2) Provide for the appropriate location and development of wireless telecommunication facilities;

(3) Protect the city’s built and natural environment by promoting compatible design standards for wireless telecommunications facilities;

(4) Minimize adverse visual impacts of wireless telecommunication facilities through careful design, siting, landscape screening, and innovative camouflaging techniques;

(5) Avoid potential damage to adjacent properties from tower or antenna failure through engineering and careful siting of wireless telecommunications tower structures and antennas;

(6) Maximize use of existing wireless telecommunication towers and alternative structures so as to minimize the need to construct new towers and minimize the total number of towers throughout the city.

(Ord. 757-C.S., passed 10-19-10)

All wireless telecommunication facilities located in the city are controlled by the provisions of this chapter. A tower or other wireless telecommunication support structure built on speculation and for which there is no wireless tenant is prohibited within city limits.

(Ord. 757-C.S., passed 10-19-10)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

LOCAL HISTORIC DISTRICT. An historic district listed on the city's Local Register of Historic Places.

NATIONAL HISTORIC DISTRICT. An historic district listed on the National Register of Historic Places.

PUBLIC UTILITY. An organization that provides an essential commodity or basic service to the public, such as water, energy, transportation, or telecommunications. Utilities may be publicly or privately owned.

SATELLITE TELECOMMUNICATION FACILITY. Government and private facilities that transmit a variety of data through satellites, including photos of the earth, messages to and from public safety officials, and a variety of other information. WIRED TELECOMMUNICATION FACILITY. Telecommunications services such as wired (land line) telephone, digital

subscriber line (DSL) internet, and cable TV and internet services where TV, voice, internet, data, and other content are routed over a network of wires and cables and that do not require an antenna for transmission or reception.

WIRELESS TELECOMMUNICATION FACILITY. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications. WIRELESS TELECOMMUNICATION FACILITY includes the towers and other support structures, commercial satellite dishes, antennas, equipment buildings necessary for the specific facility, and facilities co-located on utility poles. WIRELESS TELECOMMUNICATION FACILITY includes “satellite telecommunication facility.” WIRELESS TELECOMMUNICATION FACILITY does not include “wired telecommunication facility,” or private personal wireless facilities that do not require a license from the Federal Communications Commission, including Direct-to-home satellite TV.

WIRELESS TELECOMMUNICATION FACILITY PERMIT. An administrative permit issued by the Director of Community Development or the Planning Commission.

(Ord. 757-C.S., passed 10-19-10)

(A) Residential neighborhoods. It is strongly preferred that the location of new wireless telecommunication facilities be located outside of residential neighborhoods. In an R District, all new wireless telecommunications facilities, not including co-location with an existing permitted facility, shall submit with the conditional use permit application factual information and data proving that there is no site outside the R District where the facility can be located to provide the same level of service.

(B) Design standards. All wireless telecommunication facilities are subject to the following design standards:

(1) Facilities shall be designed to be visually unobtrusive. Colors and designs should be compatible with the existing improvements on or adjacent to the site;

(2) In an R District or within 100 feet of an R District, or in the HM District within 150 feet of an R District, facilities located shall be camouflaged or of an innovative design to minimize negative visual impacts of the facility on the surrounding residential neighborhood;

(3) Screening and landscaping:

(a) In an R, OR, or C District, or within 100 feet of an R District, or in the HM District within 150 feet of an R District, for facilities located at or near ground level screening six feet in height shall be located adjoining the facility, and an area ten feet in depth adjoining the facility shall be landscaped with plant materials including a buffer of trees, unless the Planning Commission finds that topographic or other conditions make screening or landscaping unnecessary;

(b) In all other districts, for facilities located at or near ground level screening six feet in height shall be located adjoining the facility including a buffer of trees, unless the Planning Commission finds that topographic or other conditions make screening unnecessary;

(c) Screening of the facility should take into account the existing improvements on or adjacent to the site, including landscaping, walls, fences, berms or other devices specifically designed to screen development.

• (4) Facilities shall be sited to avoid or minimize obstruction of scenic views;

• (5) Facilities shall not be of a bright, shiny or glare reflective finish;

• (6) If feasible, the base station and all wires and cables necessary for the operation shall be placed underground; and

(7) If the base station is located within or on the roof of a building, it may be placed in any location not visible from the surrounding neighborhood, with any wires and cables attached to the base station screened from public view.

• (C) Noise.

(1) For a wireless telecommunication facility in an R District, non-transportation noise levels generated by the proposed wireless telecommunication facility, measured immediately within the property line on which the facility is located, shall not exceed the following performance standards:

(2) For a wireless telecommunication facility located in an HM District within 150 feet of an R District, or in any other district within 100 feet of an R District, the noise performance standards listed above shall be measured at the boundary of the R District.

(D) Height limits. The maximum height of all structures and accessory structures shall be as prescribed for the district in which the facility is located. The maximum height of towers and other support structures for a wireless telecommunication facility and including the maximum height of all antennas, dishes, and the like shall be in accordance with the following schedule:

(E) Minimum yards. The minimum yards for all structures and accessory structures shall be as prescribed for the district in which the facility is located. The minimum yards for free standing towers and other free-standing support structures for a wireless telecommunication facility shall be in accordance with the following schedule:

• in the HM District the distance from an R District is measured at 150 feet not 100 feet.

(F) Utility poles. Co-location of wireless telecommunication facility antennas on utility poles shall be subject to the same permit requirements for all other wireless telecommunication facilities, and shall be subject to the following standards:

(1) The utility pole shall be located in a public right-of-way or in a utility easement and subject to any applicable franchise fees or lease agreements required by the city;

(2) The antenna(s) shall not extend more than ten feet above the top of the utility pole;

(3) If the utility pole must be replaced to accommodate the antenna(s), the replacement pole shall not be more than ten feet higher than the existing utility pole. If the replacement pole exceeds the height of the existing pole, the antenna(s) shall be mounted to the sides of the pole and shall not extend above the top of the replacement pole. Replacement of a utility pole shall be subject to a conditional use permit;

(4) Antenna(s) including the mounting structure with an outside diameter between 24 inches and 36 inches shall be subject to a conditional use permit;

(5) Antenna(s) including the mounting structure with an outside diameter greater than 36 inches are not permitted on utility poles;

(6) If the antenna(s) and mounting structure are narrower than the top of the utility pole, stealth shielding of the antenna(s) shall be used to make the antenna(s) appear as a vertical extension of the utility pole;

(7) Electrical equipment shall either be attached directly to the utility pole or placed underground. If the electrical equipment is attached to the pole, the box(es) shall not be larger than 36 inches in height, 12 inches deep and no wider than 20 inches. Not more than five such boxes shall be mounted on any one utility pole (excluding the power meter and network interface box). The boxes shall be stacked vertically, one above the other, and shall be at least ten feet above the ground. The power meter and network interface box may be installed below the ten-foot level;

• (8) Antenna(s) and electrical boxes shall be painted to match the utility pole to minimize visual impact;

• (9) Generators or noise-producing venting systems shall not be permitted;

• (10) Lighting for aircraft is prohibited except where required by federal law;

• (11) Electrical and utility cables between the utility pole and electrical boxes shall be placed underground;

• (12) Prior to co-location the utility pole shall be certified by the utility company or an independent structural engineer as being structurally capable of supporting the existing and proposed equipment; and

(13) If the wired utilities using the pole are relocated or placed underground, the telecommunications antennas and equipment shall be relocated so that the utility pole can be removed at the same time as adjoining poles.

(G) Maintenance. All wireless telecommunication facilities shall be maintained in a neat and orderly manner on a regular and as-need basis. Maintenance shall include but not be limited to the following:

(1) Mowing, weeding, gardening and general maintenance of landscaping, and including replacement of diseased or dying plant material;

• (2) Painting;

• (3) Removal of debris, garbage and waste; and

• (4) Graffiti removal.

(H) Removal. Wireless telecommunication towers or support structures shall be demolished, deconstructed or otherwise removed upon abandonment or termination of use, and all debris shall be recycled and/or disposed of in an appropriate manner. Removal shall be completed within 90 days of abandonment or termination of use. Upon notification by the city to the property owner that the tower or support structure appears abandoned, the property owner shall remove the tower or support structure within 90 days, or the property owner shall provide satisfactory evidence to the city that the tower or support structure has not been abandoned. Expenses incurred to demolish, deconstruct or otherwise remove wireless communication towers or support structures shall be fully paid by the company owning the tower or support structure and/or the property owner where the tower or support structure is located. Nothing in this provision shall have the effect nor shall it be construed to interfere with private contracts for facility uses in existence at the time of adoption of this chapter.

(Ord. 757-C.S., passed 10-19-10) Penalty, see § 159.028

WIRELESS TELECOMMUNICATION FACILITY PERMIT - REQUIREMENTS AND REGULATIONS

(A) Except as provided in this chapter, all wireless telecommunication facilities shall require a wireless telecommunication facility permit.

• (B) All wireless telecommunication facilities shall be co-located with existing facilities, unless it is determined that co-location is not feasible.

• (C) An application for a wireless telecommunication facility permit shall include the following:

• (1) All application materials otherwise required for design review as prescribed in the Eureka Municipal Code;

• (2) Scaled photo simulations, elevations and other visual or graphic illustrations necessary to determine the visual

compatibility of the proposed project, including all equipment and antennae associated with future co-located telecommunications, with the general character, aesthetics, scenic qualities, and existing development in the surrounding neighborhood;

(3) A landscape plan that shows existing vegetation, vegetation to be removed and proposed landscaping by type, size and location with the expectation that maturity will occur in three to five years;

• (4) A geographic service area map showing:

• (a) The applicant's existing and anticipated future wireless telecommunications network within three miles in all directions of the proposed wireless telecommunication facility;

• (b) The handoff sites within the area described in (a) above;

• (c) The geographic area of the "cell" in which the proposed wireless telecommunication facility could be located to provide the new or expanded wireless service;

• (d) All other existing facilities that could be used for co-location within three miles in all directions of the proposed wireless telecommunication facility.

• (5) If the proposed wireless telecommunication facility will not be co-located with an existing approved facility, written justification why co-location is not feasible shall be submitted. Feasibility shall include the following:

• (a) Whether there are any existing facilities within the geographic area of the cell required for the proposed wireless telecommunication facility;

• (b) If there are existing facilities within the geographic area of the cell for the proposed wireless telecommunication facility, feasibility shall consider whether:

1. The existing facility(ies) is of sufficient height to meet the needs of the proposed wireless telecommunication facility;

2. The existing tower(s) or support structure(s) have sufficient structural strength to support the proposed new wireless telecommunication antennas or antenna arrays and related equipment;

3. There is adequate vertical and horizontal distance available on the existing tower(s) or support structure(s) to accommodate the proposed wireless telecommunication antennas or antenna arrays and related equipment;

4. The proposed wireless telecommunication facility would cause adverse electromagnetic interference with the existing facility(ies);

5. There is adequate site area and/or building floor area at the existing facility(ies) to accommodate the proposed wireless telecommunications ground equipment; and

6. The owner of the existing facility(ies) will consent to co-location.

(6) A Federal Communications Commission TOWAIR Determination that the antenna structure does not require registration, or an aircraft and airport safety analysis providing a copy of the Federal Aviation Administration approval letter that the project conforms to Federal Aviation Administration regulations (Form FAA 7460-1 "Notice of Proposed Construction or Alteration" and

“The Determination of No Hazard to Air Navigation" ) and including specific safety requirements such as lighting, facility color, and the like;

(7) A structural analysis prepared by a qualified California licensed civil engineer showing that the proposed wireless telecommunication facility meets manufacturer's specifications and the requirements of the state's building code contained in Title 24 of the California Administrative Code, as may be amended from time to time, relating to structural design, wind, ice and snow loads;

(8) A public health report, prepared by a qualified radio frequency engineer written in plain English and in conformance with the Federal Communications Commission OET 65. The public health report shall state the maximum electromagnetic and radio frequency radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The public health report shall include the cumulative analysis of the electromagnetic and radio frequency radiation of all other existing and anticipated future wireless telecommunication facilities within 2,000 feet of the proposed facilily;

(9) Noise and acoustical information for non-transportation noise sources, including the base transceiver station(s), equipment building(s) and associated equipment, such as cooling equipment and back-up generator(s) showing compliance with the development standards of § 159.006(A);

(10) Application fees as established by Resolution of the City Council.

(Ord. 757-C.S., passed 10-19-10)

(A) All wireless telecommunications facilities shall be subject to design review as prescribed in Chapters 155 and 156.

(B) The Design Review Committee may adopt pre-approved designs for wireless telecommunications facilities. For proposed wireless telecommunication facilities that use pre-approved designs the design review required by Chapters 155 and 156 may be approved by the Director of Community Development.

(Ord. 757-C.S., passed 10-19-10; Am. Ord. 885-C.S., passed 5-21-19)

(A) Action to approve or deny a wireless telecommunication facility permit shall be taken by the Director of Community Development. The action of the Director on the wireless telecommunication facility permit shall be after design review as prescribed in § 159.012.

(B) The Director of Community Development may at his or her discretion refer the wireless telecommunication facility permit to the Planning Commission for action.

(Ord. 757-C.S., passed 10-19-10)

(A) A wireless telecommunication facility permit may be granted only if the following findings are made:

(1) The proposed wireless telecommunication facility will not generate electromagnetic or radio frequency radiation in excess of the Federal Communications Commission adopted standards for human exposure; and

(2) The proposed wireless telecommunication facility will be compatible with the general character, aesthetics, scenic qualities, and existing development in the surrounding neighborhood.

(Ord. 757-C.S., passed 10-19-10)

In addition to the wireless telecommunication facility permit, all wireless telecommunications facilities located within a Local or National Historic District or within 100 feet of a Local or National Historic District shall require a conditional use permit as prescribed in this chapter.

(Ord. 757-C.S., passed 10-19-10)

CONDITIONAL USE PERMIT - REQUIREMENTS AND REGULATIONS

(A) Where a wireless telecommunication facility requires a conditional use permit, the conditional use permit shall also act as the wireless telecommunication facility permit otherwise required by this chapter.

• (B) An application for a conditional use permit for a wireless telecommunication facility shall include the following:

• (1) All application materials otherwise required for a conditional use permit pursuant to the Eureka Municipal Code;

(2) All materials listed as required for a wireless telecommunications facility permit application as prescribed in this chapter;

(3) In an R District, all new wireless telecommunications facilities, not including co-location with an existing permitted facility, factual information and data proving that there is no site outside the R District where the facility can be located to provide the same level of service; and

(4) Application fees as established by Resolution of the City Council.

(C) In addition to the conditional use permit a wireless telecommunication facility located in the coastal zone shall only be allowed upon the granting of a coastal development permit as required pursuant to the Eureka Municipal Code. (Ord. 757-C.S., passed 10-19-10)

(A) Within 60 days of submittal of a complete application for a conditional use permit to locate a wireless telecommunication facility in an R District, or in an HM District within 150 feet of an R District, or in any other district within 100 feet of an R District, the applicant shall host a neighborhood education and informational meeting at which, at a minimum, a summary of the information provided with the conditional use permit application shall be presented and made available to attendees in electronic and/or hard copy.

(B) The education and informational meeting shall be noticed by the applicant in conformance with § 159.023. The notice shall be printed on brightly-colored (preferably fluorescent) heavy stock post cards. Additionally, a sign of a minimum size of two and one half feet tall by three feet wide of a visible color other than yellow advertising the education and informational meeting shall be posted in a conspicuous place on or near the location of the proposed wireless telecommunication facility. The sign shall state the date, time and location of the education and informational meeting, the location of the proposed wireless telecommunication facility, and a contact phone number of the applicant or agent.

(C) The applicant shall prepare and submit to the Community Development Department within 21 days of the education and informational meeting, at a minimum, the following:

(1) A copy of the information presented and made available (in all formats) by the applicant at the meeting;

(2) A summary of the issues and concerns, if any, that were presented either verbally or in writing at the meeting along with proposed mitigation to address them;

(3) A copy of all written correspondence received at the meeting;

(4) Information and/or documentation prepared by the applicant addressing each of the issues and/or concerns, if any, expressed at the meeting; and

(5) A list of names and email addresses of persons requesting to receive notice of the public hearing for the conditional use permit.

(Ord. 757-C.S., passed 10-19-10) Penalty, see § 159.028

(A) All noticing for hearings on a conditional use permit application for a wireless telecommunications facility shall be as otherwise required for a conditional use permit pursuant to the Eureka Municipal Code;

(B) For a proposed wireless telecommunication facility greater than 60 feet in height in an R District, or in an HM District within 150 feet of an R District, or in any other district within 100 feet of an R District, notice shall also be provided to all owners and tenants of real property within 500 feet of the site proposed for the wireless telecommunication facility. (Ord. 757-C.S., passed 10-19-10)

(A) All wireless telecommunications facilities shall be subject to design review.

(B) No conditional use permit for a wireless telecommunications facility shall be approved until the design review required by this chapter is approved by the Planning Commission.

(Ord. 757-C.S., passed 10-19-10; Am. Ord. 885-C.S., passed 5-21-19)

All conditional use permits for a wireless telecommunication facility shall be acted upon as otherwise required for a conditional use permit pursuant to the Eureka Municipal Code.

(Ord. 757-C.S., passed 10-19-10)

(A) A conditional use permit for a wireless telecommunication facility may be granted only if the following findings are made:

(1) All findings otherwise required for a conditional use permit pursuant to the Eureka Municipal Code; and

(2) All findings required for a wireless telecommunication facility permit as prescribed in § 159.014.

(Ord. 757-C.S., passed 10-19-10) Penalty, see § 159.028

Lapse of a conditional use permit for a wireless telecommunications facility shall be the same as the lapse of all other conditional use permits as prescribed in the Eureka Municipal Code.

(Ord. 757-C.S., passed 10-19-10)

(A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code or the provisions of any code adopted by reference by this code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this code shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this code shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code, or the provisions of any code adopted by reference by this code, is committed, continued, or permitted by such person and shall be punishable accordingly. Any violation of this code which is declared to be a misdemeanor shall be considered and treated as an infraction subject to the procedures described in Cal. Penal Code §§ 19.6 and 19.7, when:

(1) The City Attorney files a complaint charging the offense as an infraction unless the defendant, at the time he is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor; or

(2) The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.

(B) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this code, or the provisions of any code adopted by reference by this code, shall be deemed a public nuisance and may be summarily abated by this city, and each day such condition continues shall be regarded as a new and separate offense. (Ord. 757-C.S., passed 10-19-10)

REFERENCES TO CALIFORNIA CODES

Administrative Code

Business and Professions Code

Civil Code

Civil Procedures Code

Corporations Code

Elections Code

Financial Code

Food and Agricultural Code

Government Code

Harbors and Navigation Code

Health and Safety Code

Labor Code

Penal Code

Public Contract Code

Public Resources Code

Public Utilities Code

Revenue and Taxation Code

Streets and Highways Code

Vehicle Code

Water Code

Welfare and Institutions Code