APPENDIX "C" - GENERAL REQUIREMENTS, DESIGN GUIDELINES, OTHER REGULATIONS

The following requirements shall be met for any Telecommunications Facility in any zoning district:

(a) A telecommunications antenna and related facilities shall not be situated between the primary building on the parcel and any public or private street adjoining the parcel. Where the property has frontage on more than one street or access way, the Director of Community and Economic Development/Planning Director or approval authority may approve facilities between the primary structure and the lesser street or access way but not within a required yard setback area or within 20 feet of the street right-of-way. Equipment shelters, cabinets, or other support structures shall be screened from view.

(b) The antenna and related facility or support structure shall not be located within any required yard setbacks specified in the zoning district in which the antenna is to be located and in no case closer than 20 feet to any front property line in any district and no closer than 5 feet to a side or rear property line where the parcel abuts a residential district unless a greater setback is specified elsewhere within this chapter;

(c) None of the guy wires employed shall be anchored within the area in front of the building on the parcel and the public right-of-way;

(d) Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function;

(e) The height of the facility shall include the height of any structure upon which it is placed, unless otherwise defined with this article;

(f) All utility lines to the facility from public or private streets shall be under grounded;

(g) All wireless telecommunications facilities shall provide, when deemed necessary by the Director of Community and Economic Development/Planning Director or Planning Commission, sufficient anti-climbing and security measures into the facility as needed to reduce potential for unauthorized access, vandalism, or injury. The design of any fencing shall be subject to staff or Planning Commission review and approval.

(h) All telecommunications facilities shall be unlit except when personnel are actually present at night and when tower lighting is required under FAA regulation; and

(i) Any telecommunications facility located in the hill area, except exempt antennas as listed in section 10-13.060, shall be served by the minimum roads and parking areas necessary. Access roads shall meet the width and structural requirements of the Fire Chief and Director of Public Works.

The following design criteria shall apply to all antennas and telecommunications facilities as specified within this Chapter:

(a) Design Criteria for Satellite Antennas.

(1) Residential Districts:

(i) No satellite dish antennas shall be placed within the required front yard, side street yard or within five feet of any side or rear property line of any lot within a residential district.

(ii) All satellite dish antennas shall have a maximum diameter of eight feet.

(iii) All ground-mounted satellite dish antennas shall have a maximum height of seven feet.

(iv) All ground-mounted satellite dish antennas shall be screened from all public and private streets and neighboring properties to the maximum extent permitted by the regulations of the Zoning Ordinance.

(v) When a satellite dish antenna is attached to a residence, it shall not exceed three feet in diameter and in no case shall it be higher than the structure ridge line of the building on which it is mounted and shall be located at the rear of the structure. A larger satellite dish may be roof-mounted if the antenna can be screened from view from the public right-of-way and the screening material is compatible and consistent with the materials, color, and architectural character of the dwelling.

(vi) Transmitting satellite dish antennas shall not be allowed in conjunction with residential land uses; however, transmitting satellite dish antennas operated by federally licensed amateur radio operators shall be exempt from this provision.

(vii) A building permit and compliance with all applicable provisions of the Uniform Building Code shall be required, when so designated, prior to the installation of any satellite dish antenna.

(viii) Exceptions to location may be made by the Director of Community and Economic Development/Planning Director if it can be shown that substantial reception would be lost if satellite antennas are located in prohibited areas. In no case, however, shall a ground-mounted antenna be allowed within the front yard or side street yard setbacks.

(2) Commercial and Industrial Districts:

(i) Satellite dish antennas shall not be placed within the required front yard or side street yard or within five feet of any side or rear property line where the parcel abuts a residential district (including residential Planned Development and Mobile Home Park Districts) of any lot in any commercial or Industrial zoning districts.

(ii) Satellite dish antennas located in commercial, Industrial or the Air Terminal-Industrial districts shall not be placed between a building and any right-of-way unless totally screened from view. Ground-mounted antennas shall be screen from public view by being located at the rear of a building. Antennas shall not exceed a diameter of eight feet and a height of seven feet in a commercial district and shall not exceed twelve feet in diameter or twelve feet high in the Industrial District unless approved otherwise by the Director of Community and Economic Development/Planning Director.

(iii) In a commercial or industrial district, roof-mounted satellite dish antennas shall be located at the rear of the structure or the area that provides the greatest possible screening from the public right(s)-of-way and shall not extend over four feet above the height the highest part of the roof.

(iv) Exceptions to location may be made by the Director of Community and Economic Development/Planning Director if it can be shown that substantial reception would be lost if satellite antennas are located in prohibited areas.

(v) All solid (non-mesh) satellite dish antennas that are not screened from view shall be painted a color similar to the dominant color at the location where the satellite dish antenna is installed. If no dominant color can be determined, the satellite dish antenna shall be painted beige or other approved color determined by the Director of Community and Economic Development/Planning Director.

(vi) Satellite dish antennas shall not have on them any added type of signs or logos except those provided by the manufacture or those required for warning or certification seals or stamps.

(3) Existing Antennas. This section shall not apply to any satellite dish antenna or any licensed amateur radio station antenna lawfully installed prior to the effective date of this ordinance. Such antennas shall be allowed to remain as originally installed and shall not be considered nonconforming structures, but any relocation or increase in the size or height thereof shall be subject to the provisions of this section. Any person claiming an exemption shall have the burden of proving that the antenna was lawfully installed prior to the applicable date specified herein.

(b) Design Criteria for Roof-Mounted Telecommunications Facilities.

(1) Roof-mounted telecommunications facilities shall be allowed in all zoning districts. Roof-mounted facilities shall not be located on sites zoned and used for residential purposes less than one-half acre.

(2) Roof-mounted telecommunications facilities antennas shall not be allowed on single-family residential dwellings. However, roof-mounted antennas that incorporate appropriate stealth techniques may be allowed on multi-family structures or on other non-residential buildings within residential districts.

(3) Roof-mounted telecommunications facilities antennas shall not be allowed when they are placed in direct line of sight of significant view corridors or where they affect scenic vistas, unless such facilities incorporate appropriate stealth techniques.

(4) The height of roof-mounted antennas including the support structure, shall generally not exceed 10 feet above the parapet line of the existing building on which they are placed. Antennas that require additional height shall be subject to an administrative use permit and may be required to provide additional screening as determined appropriate by the approving authority.

(5) All roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized from the street or from where there would be the greatest visual impact.

(6) All roof-mounted facilities that are visible shall be painted a non-reflective matte finish, using an appropriate color that blends with the backdrop. The final choice of colors shall be determined by the Director of Community and Economic Development/Planning Director on-site on a case-by-case basis.

(7) Wherever possible, equipment facilities shall be located within the building. Equipment cabinets or shelters located outside the primary use shall be placed as close to the building as possible and away from required yard setback areas or required project group open space areas.

(8) Equipment cabinets, if located on the rooftop of buildings, shall be so located as to be minimize visibility from public rights-of-way. If any portion of the equipment cabinet is visible, it shall be subject to the same screening requirements as other roof top mechanical equipment.

(c) Design Criteria for Facade-Mounted Telecommunications Facilities.

(1) Facade-mounted telecommunications facilities shall be allowed in all zoning districts. Facade-mounted facilities shall not be located on sites zoned and used for residential purposes less than one-half acre.

(2) Facade-mounted telecommunications facilities antennas on structures less than four stories shall be camouflaged by incorporating the antennas as part of a design element of the building or shall be hidden behind a stealth wall panel or other element. Any added design element should be consistent throughout the building and should add visual interest to the structure. When antennas are used as a design element, dummy elements may be required to be installed in order to retain the architectural continuity of the building. Facade-mounted antennas on building four or more stories in height shall be placed in such a manner to lessen their visual impact by painting and texturing them to match the building.

(3) Antennas and the associated mountings shall generally not project beyond a maximum of 18 inches from the face of the building.

(4) Wherever possible, equipment facilities shall be located within the building. Equipment cabinets or shelters located outside the primary use shall be placed as close to the building as possible and away from required yard setback areas or project open space areas.

(5) Equipment cabinets, if located on the rooftop of buildings, shall be so located as to be minimize visibility from public rights-of-way. If any portion of the equipment cabinet is visible, it shall be subject to the same screening requirements as other roof top mechanical equipment.

(d) Design Criteria for Ground-Mounted Telecommunications Facilities.

(1) Ground-mounted antennas may be allowed in any zoning district and subject to an Administrative Use Permit. When located within a residential district or residential Planned Development District, ground-mounted antennas shall be subject to approval of a conditional Use Permit.

(2) Ground-mounted telecommunications facilities shall be prohibited on or above the ridge line of any hill.

(3) Ground-mounted telecommunications facilities antennas shall be no taller than 14 feet, including the height of the antennas.

(4) Ground-mounted telecommunications facilities located in the hill area shall comply with the City of Hayward Hillside Design and Urban/Wildland Interface Guidelines.

(5) Ground-mounted telecommunications facilities antennas shall be setback at least 20 feet, measured horizontally, from any side or rear property line of any adjacent lot designated for residential use and used as residential.

(6) Ground-mounted telecommunications facilities by different carriers shall generally not be allowed within 500 feet of one another, unless the Director of Community and Economic Development/Planning Director determines that co-location on the same property or at a closer spacing would lessen the cumulative visual impact in the area.

(7) In order to reduce any potential visual impacts and improve the appearance of "antenna array groups" in the hill area, no more than twelve antennas shall be allowed per carrier. The Director of Community and Economic Development/Planning Director may allow additional antennas and/or restrict the number of carriers on a parcel depending upon site capacity.

(8) All proposed ground-mounted telecommunications facilities shall be located within easy reach of existing access roads to the extent feasible. In undeveloped hillside areas, telecommunications facilities carriers or providers shall work with subdividers or developers to provide integrated antenna sites that will require the least amount of grading and road extension possible.

(9) In the hill area east of Mission Boulevard, all associated equipment shelters or cabinets for ground-mounted telecommunications facilities shall be limited to a maximum height of three feet above the existing grade, unless other techniques are adopted to ensure minimal visual impact by use existing contours and level differences to maintain the three-foot height limit. On a case-by-case basis, the Director of Community and Economic Development/Planning Director may allow taller exposed structures if the design of the shelter is architecturally compatible with other immediately adjacent structures and if it can be found that the exposed structure would not impact the visual quality of the area.

(e) Design Criteria for Monopoles.

(1) Monopoles and their antenna array may not be located within any required yard setback area specified in the zoning district in which the antenna is to be located and in no case closer than 20 feet to any front property line in any district and no closer than 5 feet to a side or rear property line where the parcel abuts a residential district except within the Industrial District where monopoles shall be setback a minimum or 300 feet from an adjacent residential zoned parcel or mobile home park;

(2) The smallest available and least visible antennas that provide the coverage objective shall be used when mounted on monopoles. The number of antennas shall represent the minimum number required to complete the telecommunications network.

(3) Monopoles shall not be located within the residential areas of the City unless they have been designed as stealth facilities and blend in with existing structures.

(4) Monopoles proposed as the sole or primary use of the property shall not be allowed except within the Industrial or Agricultural Districts. Monopoles should be designed as an accessory use on a property. Where feasible and aesthetically desirable, facilities are encouraged to co-locate with other facilities such as water tanks, light standards, and other utilities where the co-location is found to minimize the overall visual impact.

(5) Co-location of telecommunications facilities on a single pole or support structure is encouraged. The use of monopoles for a single user shall be discouraged. Approval of a monopole for a single user will be conditioned to require the applicant's cooperation with other communications companies in co-locating additional antennas on the monopole/structure and the applicant may be required to design a pole or tower facility that will accommodate more than one carrier. This exercise of good faith in the co-location of facilities is encouraged to the extent that such shared use does not give rise to a substantial technical level- or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden).

(6) Freestanding monopoles shall be located and designed to minimize visual impacts. Monopoles in areas where adverse visual impacts cannot be avoided (as in some commercial areas) shall incorporate "stealth" techniques to camouflage them as a pieces of art/sculpture, flag poles, light poles, or other interesting visual forms that would not be considered an adverse visual impact.

(7) Free-standing monopoles shall generally not be allowed within 1000 feet of each other, except in the Industrial District or except when the adverse visual impacts are not significant.

(8) Minor modifications to the communications equipment design, location, elevations, and other elements of the above exhibit may be allowed, subject to the approval of the Director of Community and Economic Development/Planning Director, if such modifications are in keeping with the architectural statement and layout design of the original approval.

(9) Monopoles that are developed as a primary use, where allowed, shall be converted to roof-, facade- or ground-mounted facilities with the development of the site when physically and technically possible.

(f) Basic Tower, Building Design, and Public Safety. To this end all the following measures shall be implemented:

(1) Telecommunications towers shall be constructed out of metal or other non-flammable material, unless specifically conditioned by the City to be otherwise.

(2) Satellite dishes located in non-Industrial District zones other than microwave dishes and DBS and DSS antennas shall be of mesh construction, except where technical evidence is acceptable to the Director of Community and Economic Development/Planning Director or Planning Commission, as appropriate, is submitted showing that this is infeasible.

(3) Telecommunications support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be located within a building, placed partially underground in sensitive areas (e.g. hill area) or sited in a manner to lessen its visual impact.

(4) Telecommunications equipment or storage facilities shall be no taller than one story (14 feet) in height and shall be treated to look like a building or facility typically found in the area. The design, color and materials shall be consistent with the primary use on the property and shall consider the design of other structures in the immediate area.

(5) The equipment cabinets/structures shall be placed in areas so they are least visible from public rights-of-way, and have minimal visual impacts. Any visible portion of the equipment cabinet shall be screened, where necessary, using appropriate techniques (i.e. landscaping, berms, decorative walls, etc.)

(6) All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a non-reflective matte finish, using an appropriate color that blends with the backdrop. The color selected shall be determined by the Director of Community and Economic Development/Planning Director on site on a case-by-case basis.

(7) The City shall have the authority to require special design of the telecommunications facilities where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views and/or community features).

(8) All security fencing/walls, if used, shall be designed to be graffiti-resistant. The applicant shall be responsible for graffiti-free maintenance of all telecommunications facilities, and shall remove any graffiti within seven days of occurrence of City notification.

(9) The applicant shall provide signage as required by the permitting authority, including phone numbers of the utility provider for use in case of an emergency for monopole, towers, and ground-mounted antennas. The signs shall be posted at the communications equipment/structure.

(g) Other Regulations. The following regulations shall apply to all antennas and telecommunications facilities as specified within this Chapter:

(1) Critical Disaster Response Facilities. All radio, television, and voice communication facilities providing service to government or the general public shall be designed to survive a natural disaster without interruption in operation. To this end all the following measures shall be implemented:

(i) Non-flammable exterior wall and roof covering shall be used in the construction of all buildings;

(ii) Openings in all buildings shall be protected against penetration by fire and windblown embers;

(iii) The telecommunications tower when fully loaded with antennas, transmitters, other equipment, and camouflaging shall be designed to withstand the forces expected during the "maximum credible earthquake." All equipment mounting racks and equipment used shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it;

(iv) All connections between various components of the facility and with necessary power and telephone lines shall be protected against damage by fire, flooding, and earthquake; and

(v) Measures shall be taken to keep the facility in operation in the event of disaster.

(2) Height Determination. The height of a telecommunications tower shall be measured from the natural undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

(3) Visual. All telecommunications facilities, except exempt antennas as listed in Section 10-13.050, shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented:

(i) All proposed telecommunications facilities shall be located so as to minimize their visibility.

(ii) The order of preference for telecommunications facility mountings, based on their potential adverse impacts, is facade mounts, roof mounts, ground mounts, and free standing monopoles. In order to use any mounting, the applicant will be required to specify why mounting types with a less adverse visual impact cannot be used.

(iii) Applicants are encouraged to consider providing architectural treatments and using "stealth techniques" to reduce potential visual impacts for all telecommunications facilities, and especially for those proposed in areas easily visible from a major traffic corridor, commercial center, or in a residential district.

(iv) In addition to the photo simulations showing before and after scenarios, applicants may be required to do additional visual analysis, including sectional drawings showing height of proposed facility as viewed from public rights-of-way.

(v) Applicants may be required to construct a partial scale "mock-up" of a proposed facility using materials and colors that resemble the actual facility for proposed ground mounted facilities and if required, roof-mounted facilities, if the Director of Community and Economic Development/Planning Director deems it necessary.

(vi) All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a non-reflective matte finish, using an appropriate color that blends with the backdrop. The color selected shall be determined by the Director of Community and Economic Development/Planning Director on site on a case-by-case basis.

(vii) Landscaping shall be used as screening wherever appropriate to reduce the visual impacts of wireless telecommunications services. Any proposed landscaping shall be visually compatible with existing vegetation in the vicinity. Landscaping shall be subject to review and approval of the City's Landscape Architect.

(viii) The equipment cabinets/structures, if located where visible from a public right-of-way, shall be treated architecturally to match any existing building or topography on the site.

(4) Vegetation Protection and Facility Screening. All telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing vegetation and to install suitable landscaping to screen the facility, where necessary. To this end all the following measures shall be implemented for all telecommunications facilities, except antennas as listed in section 10-13.050.

(i) When required by the Director of Community and Economic Development/Planning Director, applications for wireless telecommunications facilities shall be accompanied by a landscape plan that shows existing vegetation, indicates any vegetation proposed for removal or trimming, and identifies proposed plantings by type, size, and location. Existing vegetation shall be identified on the landscape plan with indication of species type, diameter of trees four inches or greater [measured at four and one-half feet high], and whether it is to be retained or removed or trimmed with project development. The emphasis of the landscape plan should be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species, compatible with the predominant natural setting of the project area unless non-native material is found to be more appropriate by the City Landscape Architect.

(ii) Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunications line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, the following measures shall be implemented:

a. On a case-by-case basis and when required by the City Landscape Architect, a Tree Protection Plan shall be submitted with the building permit or improvement plan. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction.

b. Grading, cutting/filling, and the storage/parking of equipment/ vehicles shall be prohibited in landscape areas to be protected and the drip line of any trees required to be preserved. Such areas shall be fenced to the satisfaction of the City Landscape Architect, as appropriate. Trash, debris, or spoils shall not be placed within these fences nor shall the fences henceforth be opened or moved until the project is complete and authorization is granted by the City Landscape Architect.

c. All underground lines shall be routed such that a minimum amount of damage is done to tree root systems.

(iii) All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.

(iv) No vegetation shall be removed subsequent to project completion except to comply with local fire safety regulations or to prevent safety hazards to people and property.

(v) Where appropriate, the carrier may be required to enter into a landscape performance and maintenance agreement with the City of Hayward to ensure the installation and establishment of required landscaping. The duration of any required landscape maintenance agreement shall be for a minimum period of no less than one year.

(vi) Any existing trees or significant vegetation on the facilities site or along the affected access area that die shall be replaced with native or other approved landscape material.

(vii) The applicant shall be required to provide proof of availability of required irrigation facilities for all landscaping used for screening the telecommunications facilities, especially in the hill area, prior to approval.

(viii) No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/ telecommunications lines serving it.

(5) Fire Prevention.

(i) All telecommunications facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To this end all of the following measures shall be implemented for all telecommunications facilities, when determined necessary by the Fire Chief, except exempt antennas as listed in section 10-13.050.

a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings;

b. Monitored automatic fire extinguishing systems approved by the Fire Chief shall be installed in all equipment buildings and enclosures;

c. Rapid entry (KNOX) systems shall be installed as required by the Fire Chief;

d. Type and location of vegetation and other materials within ten feet of the facility and all new structures, including telecommunications towers, shall have review of fire safety purposes by the Fire Chief. Requirements established by the Fire Chief shall be followed; and

e. All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit finalization or commencement of operation, whichever comes first.

(ii) Demonstration of compliance with requirements of this section shall be evidenced by a certificate signed by the Fire Chief on the building plans submitted when so required.

(6) Environmental Resource Protection. All telecommunications facilities shall be sited so as to minimize the effect on environmental resources. To that end the following measures shall be implemented for all telecommunications facilities, except exempt antennas as listed in section 10-13.030.

(i) No telecommunications facility or related improvements including but not limited to access roads and power lines shall be sited so as to create a significant threat to the health or survival of rare, threatened, or endangered plant or animal species;

(ii) No telecommunications facility or related improvements shall be sited such that their construction will damage an archaeological site or have an adverse effect on the historic character of a historic feature or site;

(iii) The facility shall comply with all applicable City regulations and standards pertaining to applicable City Floodplain, Storm Drainage and Erosion Control regulations.

(iv) Potential adverse visual impacts which might result from project related grading or road construction shall be minimized;

(v) Potential adverse visual impacts upon nearby public use areas such as parks or trails shall be minimized; and

(vi) Drainage, erosion, and sediment controls shall be required as necessary to abide soil erosion and sedimentation of waterways. Structures and roads on slopes of 20 percent or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading or construction near a waterway or on lands with slopes over 20 percent. Natural vegetation and topography shall be retained to the extent feasible.

(7) Noise and Traffic. All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to the residents of nearby homes and the users of nearby recreational areas such as public parks and trails. Noise and traffic reduction shall be accomplished through the following measures:

(i) The construction and operation of wireless telecommunications facilities shall be in compliance with the noise exposure standards of the Hayward Municipal Code.

(ii) Normal testing and maintenance activities shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs. Normal testing and maintenance activities which do not involve the use or operation of telecommunications and maintenance equipment that is audible from residences and other nearby sensitive receptors may occur at all other times.

(iii) Backup generators shall only be operated during power outages, emergency occurrences, or for testing and maintenance in accordance with item (2) above. If the facility is located within 100 feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least a Ldn of 60 dB at the property line and an interior noise level of a Ldn of 45 dB.

(iv) Traffic resulting from the operation and maintenance of a telecommunications facility must be kept to a minimum. Conditions of project approval shall specify a maximum number of trips on a case-by-case basis based upon the carrier's maintenance and testing schedule and the location of the facility when in close proximity to residential units.

(v) When requested by the Director of Community and Economic Development/Planning Director, applications for telecommunications facilities shall include a copy of a title report or other legal instrument demonstrating legal access to the proposed facilities site.