Sec. 32-7. - Conditional use — Fontana Municipal Code

(a)

General. The following provisions shall govern the issuance of a conditional use permit (CUP) and administrative site plan review (ASP) for towers or antennas by the planning commission:

(1)

If the tower or antenna is not permitted to be approved administratively pursuant to section 32-6 of this chapter, then a conditional use permit (CUP) and administrative site plan review (ASP) shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

(2)

Applications for a CUP and ASP under this section shall be subject to the procedures and requirements of chapter 30, article II, division 7, and chapter 30, article II, division 3, of this Code, except as modified in this section.

(3)

In granting a CUP and ASP, the planning commission may impose conditions to the extent the planning commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(4)

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(5)

An applicant for a CUP and ASP shall submit the information described in this section and a non-refundable fee as established by resolution of the city council to reimburse the city for the costs of reviewing the application.

(b)

Towers.

(1)

Information required. In addition to any information required for applications, pursuant to chapter 30 of this Code, applicants for a CUP and ASP for a tower shall submit the following information:

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), general plan classification of the site and all properties within the applicable separation distances set forth in section 32-7(b)(6), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the director of development community to be necessary to assess compliance with this chapter.

Legal description of the parent tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential unit.

The separation distance from other towers described in the inventory of existing sites submitted pursuant to section 32-4(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

A landscape plan showing specific landscape materials.

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

A description of compliance with sections 32-4(c), (d), (e), (f), (g), (j), (l), and (m), 32-7(b)(4), 32-7(b)(5), 32-7(b)(6) and all applicable federal, state or local laws.

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

A description of the feasible location(s) of future towers or antennas within the city based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

Any other information required by the director of community development to process the application in a manner consistent with this Code, and with future local and state laws, including but not limited to the California Environmental Quality Act (CEQA).

(2)

Factors considered in granting a CUP and ASP for towers. In addition to any standards for consideration of CUP and ASP applications and pursuant to chapter 30 of this Code, the planning commission shall consider the following factors. The planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this chapter are better served thereby by making the appropriate findings for a variance as required in section 30-55 of this Code:

Height of the proposed tower;

Proximity of the tower to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the tower including the equipment cabinet or structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress; and

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in section 32- 7(b)(3) of this chapter.

(3)

Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the planning commission that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the planning commission related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alterative technology can accommodate the applicant's proposed antenna may consist of any or all of the following:

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4)

Height. The following height requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the planning commission may increase the height limitation requirements if the goals of this chapter would be better served thereby:

For a single user, up to 75 feet in height;

For two or more users, up to 100 feet in height.

(5)

Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the planning commission may reduce the standard setback requirements if the goals of this chapter would be better served thereby:

Towers must be set back a distance equal to at least 75 percent of the height of the tower from any adjoining lot line.

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

(6)

Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the planning commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby.

Separation from off-site uses/designated areas:

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 32-7.A., except as otherwise provided in Table 32-7.A.

ii.

Separation requirements for towers shall comply with the minimum standards established in Table 32-7.A.

Table 32-7.A.

Off-site use/designated area	Separation distance
Single-family or duplex residential units 1	200 feet or 300 percent height of tower whichever is greater
Vacant single-family or duplex residentially zoned land which has preliminary subdivision plan approval which is not expired	200 feet or 300 percent height of tower 2 whichever is greater
Vacant residentially zoned lands 3	100 feet or 100 percent height of tower whichever is greater
Existing multi-family residential units greater than duplex units	100 feet or 100 percent height of tower whichever is greater
Non-residentially zoned lands or non-residentially uses, vacant or occupied	None; only setbacks apply

1 Includes modular homes and mobile homes used for living purposes. 2 Separation measured from base of tower to closest building setback line. 3 Includes any residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

Separation distances between towers.

Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 32-7.B.

Table 32-7.B. Existing Towers - Types

(Listed in linear feet) (Proposed towers)	Lattice	Guyed	Monopole 75 ft. in height or greater	Monopole less than 75 ft. in height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole 75 ft. in height or greater	1,500	1,500	1,500	750
Monopole less than 75 ft. in height	750	750	750	750

(7)

Security fencing. Towers shall be enclosed by security fencing (chain link or wrought iron) not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the planning commission may waive such requirements, as it deems appropriate.

(8)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this ordinance would be better served thereby:

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.

(9)

Special use requirements. Special use requirements shall be imposed as conditions of approval on any CUP and ASP granted pursuant to this section to ensure compliance with the intent of this chapter, to implement the required standards and findings of this section, and to protect the public health, safety, general welfare, and aesthetics of the community. All special use requirements shall be observed throughout the duration of the CUP and ASP. Special use requirements shall include, but shall not be limited to the following:

Towers, antennas or tower structures shall not be located in a required parking stall, vehicle maneuvering area or vehicle/pedestrian circulation area if such location would interfere with, or in anyway impair, the utility, intended function of, or circulation through such area or reduce the number of parking stalls to less than that required by chapter 30 of this Code.

If a flagpole is used for camouflaging a tower, antenna, or tower structure, flags must be flown and must be properly maintained at all times.

All landscaping shall be maintained at all times.

Any graffiti on a tower, antenna or tower structure shall be removed promptly in accordance with the city's regulations. Graffiti on any tower, antenna or tower structure in the public right-of-way must be removed within 48 hours of notification.

All tower and antenna sites shall be kept clean and free of liter.

Equipment cabinets shall display a legible operator's contact number for reporting maintenance problems.

Cabinets and other equipment shall not impair pedestrian use of sidewalks or other pedestrian pathways, nor inhibit activities on designated public or private trail systems and shall be screened from the sidewalk by landscaping, under grounding, or other means, excluding new walls and fences.

Maintenance vehicles servicing a tower, antenna, or tower structure located in the public or private right-of-way shall not park on the traveled way or in a manner that would obstruct traffic.

In addition to the special use requirements enumerated above, the planning commission or director of community development may impose any additional requirement as a condition of approval to ensure compliance with the intent of this chapter, to implement the required standards and requirements of this section, and to protect the public health, safety, general welfare, and aesthetics of the community.

(Ord. No. 1223, § 7, 8-5-97; Ord. No. 1603, § 6, 7-22-09; Ord. No. 1620, § 6(Exh. A), 6-23-10)

Editor's note— Ord. No. 1620, § 6(Exh. A), adopted June 23, 2010, changed the title of section 32-7 from "Conditional use permits" to "Conditional use permit and administrative site plan review." The historical notation has been preserved for reference purposes.

Sec. 32-7.1. - Findings for approval for tower and/or antenna for CUP applications.¶

The planning commission shall approve any application subject to its jurisdiction, if the following findings are made:

(1)

The proposal meets or exceeds the criteria contained in this chapter and is consistent with the general plan and the applicable land use designations.

(2)

That the site for the intended use is adequate in size, shape, topography, accessibility, and other physical characteristics to accommodate the use and all the required provisions of this chapter.

(3)

The proposal of the tower and/or antenna is in its design and appearance consistent with the development and design of the surrounding structures and neighborhood.

(4)

That the proposed use will be organized, designed, constructed, operated and maintained so as to be compatible with the character of the area as intended by the general plan.

(5)

That adequate streets and highways exist to carry the type and quantity of traffic anticipated to accommodate access for maintenance and/or service vehicles.

(6)

The planning commission shall make those findings enumerated in this section, as amended from time to time, prior to approving any CUP pursuant to this chapter.

(Ord. No. 1620, § 6(Exh. A), 6-23-10)

Exceptions & meaning →

Sec. 32-7.2. - Findings for approval for tower and/or antenna for ASP applications.¶

The director of community development shall approve any application subject to its jurisdiction, if the following findings are made:

(1)