Irvine Municipal Code Ch. 3-8 Wireless Communication Facility, Satellite Dish and Antenna Standards

Footnotes:

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Editor's note— Ord. No. 05-13, § 4, adopted July 12, 2005, amended the Code by repealing former ch. 3-8, § 3-8-1, in its entirety, and adding a new ch. 3-8. Former ch. 3-8 pertained to antenna, microcell and satellite dish standards, and derived from the Code of 1976, § V.E-303; Ord. No. 92-3, adopted April 14, 1992; Ord. No. 94-7, adopted June 14, 1994; Ord. No. 97-05, adopted May 13, 1997; and Ord. No. 97-06, adopted May 13, 1997.

Antennae and accessory wireless equipment are an essential component of wireless communications technology applications. As such, their location, number, size, and design have a significant influence on the welfare of the residents of the City, including the City's visual environment and resultant effect upon a viewer's perception of the community. Since many types of antennae present a vertical profile, their visual impacts are often more pronounced in residential neighborhoods. In communities where antenna structures have not been properly regulated, visual eyesores, safety hazards and unpleasant impressions have resulted.

This ordinance establishes development standards for wireless communication facilities, satellite dish antennae, and all other forms of antennae and accessory wireless equipment designed to take into account the general welfare of City residents and to be visually compatible with their surroundings while effectively serving the communication needs of the community. All wireless communication facilities, satellite dish antennae, and other forms of antennae shall comply with the following development standards.

(Ord. No. 05-13, § 4, 7-12-05)

The following development and design standards shall be used to review any wireless communication facility permit application pursuant to Chapter 2-37.5. Unless otherwise specified, all wireless communication facilities shall be planned, designed, located, erected, operated, and maintained in accordance with the following standards:

A. General wireless communication facilities standards:

1. Wireless communication facilities shall comply with all development standards within the applicable zoning district of the subject site, except minimum site size, maximum site coverage, building setbacks, parking and landscape coverage.

2. Height limits for all wireless communication facilities shall be in accordance with Section 3-9-1.B, unless otherwise specified in this ordinance. Where no maximum building height limitation is identified for the subject zoning district, pursuant to Chapter 3-37, or if there is no underlying zoning designation, the lowest defined building height limitation of an abutting zoning district, as determined by the Direcctor of Community Development, shall apply.

3. All wireless communication facilities and accessory wireless equipment shall comply with the applicable provisions of the City's noise ordinance. Note that such facilities located in parks or playgrounds where the noise ordinance does not normally apply will be subject to the limitations of the noise ordinance.

B. Visual impact and screening standards: All wireless communication facilities shall employ camouflage design techniques to minimize visual impacts and provide appropriate screening. Such techniques shall be employed to make the installation, operation and appearance of the facility as visually inconspicuous as possible. Depending on the proposed site and surroundings, certain camouflage design techniques may be deemed by the City as ineffective or inappropriate and alternative techniques may be required. The following is a menu of potential camouflage design techniques that should be considered based on different installation situations:

1. For Building Mounted Installations (Class 1 and Class 8 antennae):

a. Screening materials matched in color, size, proportion, style, and quality with the exterior design and architectural character of the structure and the surrounding visual environment.

b. Facility components, including all antenna panels, shall be mounted either inside the structure or behind the proposed screening elements and not on the exterior face of the structure.

c. The camouflage design techniques applied shall result in an installation that is camouflaged and prevents the facility from visually dominating the surrounding area. Camouflage design techniques should be used to hide the installation from predominant views from surrounding properties.

2. For structure mounted installations excluding monopole installations (Class 6 and 7 antennae):

a. All antenna panels and accessory components mounted on the exterior of the structure shall be painted or otherwise coated to match the predominant color of the mounting structure.

b. When required by the City, antenna panels shall be located and arranged on the structure so as to replicate the installation and appearance of the equipment already mounted to the structure.

c. Antenna installations located in the public right-of-way or on streetlights or traffic signal standards shall be limited to equipment components that are compatible in scale and proportion to streetlights and traffic signals and the poles they are mounted on. Equipment shall be painted or otherwise coated to be visually compatible with lighting and signal equipment and shall be subject to the issuance of a license or other special form or written authorization by the City.

d. The camouflage design techniques applied shall result in an installation that is camouflaged and prevents the facility from visually dominating the surrounding area. Camouflage design techniques should be used to hide the installation from direct view from surrounding properties.

e. For above ground water storage tank mounted installations, the antennas may be installed on the outside, provided that they are designed, located, and treated to blend with the structure.

3. For monopole installations (Class 9, 10 and 11 antennae):

a. Monopole installations shall be situated so as to utilize existing natural or man-made features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

b. All antenna components and support equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or adjacent architecture so as to visually blend in with the surrounding development. Subdued colors and non-reflective materials that blend with surrounding materials and colors shall be used.

c. In certain conditions, such as locations that are readily visible from residential or open space areas where there is heightened sensitivity for visual impacts and compatibility, the measures described above may not be sufficient to create an effective camouflaged installation. In these cases, additional measures may be required, including, but not limited to, enclosing the monopole entirely within a vertical screening structure (suitable architectural feature such as a clock tower, bell tower, icon sign, lighthouse, windmill, etc.) may be required through the permit process. All facility components, including the antennae, shall be mounted inside the structure.

d. The camouflage design techniques employed shall result in an installation that either will blend in with the predominant visual backdrop or will disguise the facility so it appears to be a decorative or attractive architectural feature. If camouflage design techniques for monopoles do not adequately hide or prevent direct viewing of the facility, then the permit may be denied.

4. For miscellaneous installations (Class 2, 4 and 5 antennae):

a. A Class 2 antenna (monorock and or monoshrub) installation will be considered properly screened provided that it is located in a setting that is compatible with the proposed screening method. For a monoshrub, other vegetation comparable to that replicated in the proposed screen shall be prevalent in the immediate vicinity of the antenna site and the addition of new comparable living vegetation may be necessary to enhance the monoshrub screen. For a monorock, the proposed screen shall match in scale and color other rock outcroppings in the general vicinity of the proposed site. A monorock screen may not be considered appropriate in areas that do not have natural rock outcroppings.

b. A Class 4 antenna (co-location) installation shall use screening methods similar to those used on the existing Wireless Communication Facility. Use of other appropriate screening methods may be considered through administrative relief.

c. A Class 5 antenna ("cell on wheels") installation may or may not require screening to reduce visual impacts depending on the duration of the permit and the setting of the proposed site. If screening methods are determined to be necessary, the appropriate screening methods will be determined though the wireless communication facility permit or conditional use permit process.

5. For Accessory Wireless Equipment: All accessory wireless equipment associated with the operation of any wireless communication facility shall be screened. The following is menu of potential screening techniques that should be utilized based on the type of installation:

a. Accessory wireless equipment for building mounted facilities may be located underground, inside the building, or on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, and/or surroundings. All screening materials for roof-mounted facilities shall be of a quality and design that is architecturally compatible and consistent with the design of the building or structure.

b. Accessory wireless equipment for freestanding facilities, not mounted on a building, may be visually screened by locating the equipment within a fully enclosed building or in an underground vault. For above ground installations not within an enclosed building, screening shall consist of walls, landscaping, or walls combined with landscaping to effectively screen the facility at the time of installation. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and landscape architecture of the surroundings.

c. All accessory wireless equipment shall be placed and mounted in the least visually obtrusive location possible.

C. Location and siting standards:

1. Wireless communication facilities are permitted in any zoning district except as indicated below:

1.1 Exclusive Agriculture;

1.8 Golf Course Overlay;

2.1 Estate Density Residential;

2.2 Low Density Residential;

2.3 Medium Density Residential;

2.4 Medium High Density Residential;

2.5 High Density Residential; and

5.3 IBC Residential, except as may be allowed pursuant to Subsection 2 below.

2. Wireless communication facilities may be located in the zoning districts listed in Subsection 1 above provided they meet the following criteria:

a. A Class 1 or Class 6 antenna may be located within the residential zoning districts listed in Subsection 1., above, provided it is located on a nonresidential structure such as a church, school or recreational facility, including those mounted on light standards within a public or private park. A Class 1 or Class 6 antenna located within a residential zoning district shall employ camouflage design techniques and shall be subject to the review procedures specified in Section 2-37.5-3. If a Class 6 antenna is proposed within any public park or easement for a public trail, subject to this provision, the application for a permit shall be subject to review and approval by the Community and Library Services Commission. Class 6 on a streetlight standard or traffic signal standard shall only be located within the public right-of-way of a primary highway or major highway as designated in the General Plan.

b. A Class 2, Class 4 or Class 5 antenna may be located in any of the zoning districts listed in Subsection 1., above, subject to the approval of the appropriate permits pursuant to Section 2-37.5-3.

c. A Class 7, Class 8, Class 9 or Class 10 antenna may be located in any of the residential zoning districts listed in Subsection 1., above, subject to the approval of a major conditional use permit pursuant to Section 2-37.5-3. A Class 7 antenna shall only be permitted in a residential zoning district when the presence of a flagpole is compatible with the surrounding residential uses. The design of screening materials and the placement of Class 9 and Class 10 antennae in residential zoning districts shall be compatible with the aesthetics and prevalent architectural style of residential buildings or vegetation in the immediate vicinity of the proposed antenna site. Class 9 antennae proposing vertical architectural features that are incongruous with the residential setting are not encouraged. Class 10 antennae may not be located within any public right-of-way and must be located a minimum of 100 feet from any public street as measured between the curb face and the pole for the Class 10 antenna.

d. Class 11 antennae are not permitted in any of the zoning districts listed in Subsection 1., above.

3. Outside of the zoning districts listing in Subsection 1., above, Class 1, Class 2, Class 5, Class 7, Class 8, Class 9, Class 10 and Class 11 antennae may be located on private or public property, excluding public right-of-way, subject to the review procedures specified in Section 2-37.5-3. Class 4 and Class 6 antennae may be located within the public right-of-way subject to the review procedures specified in Section 2-37.5-3.

4. Siting separation requirements: Wireless communication facilities shall comply with the following separation requirements:

a. At a minimum, wireless communication facilities shall be located a minimum of 50 feet from any residential use, including those in adjacent jurisdictions, as measured along a horizontal line between the closest points of the subject facility and the property line of the residential use.

b. Class 9 and Class 10 antennae shall be located a minimum of 200 feet from any residential use or structure, including those in adjacent jurisdictions, as measured along a horizontal line between the closest points of the subject facility and the property line of the residential use. Class 11 antennae shall be located a minimum of 300 feet from any residential use, including those in adjacent jurisdictions, as measured along a horizontal line between the closest points of the subject facility and the property line of the residential use. Said residential setbacks shall be for any antenna facility that is within the height limit of the applicable zoning district of the antenna site. For antenna facilities exceeding the height limit, the residential setback shall be increased by three feet for every two feet over the district height limit. Where the antenna site and any adjoining residential property have an elevation difference of more than 10 feet, increased residential setbacks may be required through the applicable permit process.

c. No Class 9, Class 10, or Class 11 antennae shall be permitted within 2,000 feet of any other Class 9, Class 10, or Class 11 antenna as measured along a horizontal line between the closest points of each facility. This minimum horizontal separation distance shall not apply to Class 9 or Class 10 antennae mounted within public parks and shall not preclude the co-location of more than one antenna array on any Class 9, Class 10, or Class 11 antenna located outside a public park since the separation requirement is a horizontal measurement and not a vertical measurement and is not intended to prevent co-location of facilities. Administrative relief may be granted to allow a separation of less than 2,000 feet between any Class 9, Class 10, or Class 11 antennae pursuant to the procedures and findings contained in Chapter 2-2. Any such request for administrative relief must be based on technical constraints and shall be accompanied by a radio frequency emissions report documenting the need for a lesser separation and specifying the minimum separation required to alleviate the technical constraints. The report shall be subject to review and technical analysis by the City or at its sole discretion, a qualified consultant selected by and under contract to the City. All costs associated with this review shall be borne by the applicant.

5. A wireless communication facility located within the public right-of-way and/or within public parks shall require issuance of an encroachment permit, license, or other agreement as determined appropriate by the City.

6. A wireless communication facility 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 any way impair, the utility, intended function of, or circulation through such area or reduce the number of parking stalls to less than that required by Zoning Code for the subject site.

7. Whenever feasible, as determined pursuant to the analysis required by Section 2-37.5-4.C.10, wireless communication facilities should be co-located with an existing site.

D. Safety and monitoring standards:

1. At all times, wireless communication facilities shall comply with the most current regulatory and operational standards, including, but not limited to, radio frequency (RF) radiation exposure standards adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration (FAA). The applicant shall receive and maintain the most current information from the FCC regarding allowable RF emissions and all other applicable regulations and standards. The applicant shall file an annual report to the permit file advising the City of any regulatory changes that require modifications to the wireless communication facility and of the measures taken by the applicant to comply with such regulatory changes.

2. Upon or prior to installation, and prior to activation, of any wireless communication facility, the applicant shall submit to the City certification in a form acceptable to the City that the facility will operate in compliance with all applicable FCC regulations, including, but not limited to, radio frequency (RF) emissions limitations. Thereafter, upon any proposed increase of at least 10 percent in the effective radiated power or any proposed change in frequency use, the applicant shall submit updated certifications for review by the City. Both the initial and update certifications shall be subject to review and approval by the Director of Community Development. At the City's sole discretion, a qualified independent radio frequency engineer, selected by and under contract to the City, may be retained to review said certifications for compliance with FCC regulations. All costs associated with the City's review of these certifications shall be the responsibility of the applicant. Absent any modifications to a wireless communication facility that would cause a change to the effective radiated power or frequency use, the applicant shall submit an annual letter to the Community Development Department certifying that no such changes have been made to the site and that the facility continues to operate within the range allowed by FCC regulations.

3. A wireless communication facility is to be installed and maintained in compliance with the requirements of noise standards and other applicable codes, as well as other restrictions specified in this ordinance. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, and general upkeep and maintenance of the site.

4. Public access to a wireless communication facility shall be restricted. Security measures shall include fencing in compliance with Chapter 3-35, screening, and security signage, as deemed appropriate by the City.

5. Safety lighting or colors, if prescribed by the City or other approving agency (i.e., FAA), may be required for antenna support structures.

(Ord. No. 05-13, § 4, 7-12-05; Ord. No. 19-06, § 6(Exh. A), 5-14-19; Ord. No. 24-19, § 2(Exh. A), 11-26-24; Ord. No. 25-22, § 4, 9-9-25)

A. The following satellite dish antennae are exempt from the standards in this section:

1. Satellite dish antennae which are one meter (39.37 inches) or less in diameter in any land use zone.

2. Satellite dish antennae which are two meters (78.74 inches) or less in diameter in all commercial or industrial zones, including 3.1 Multi-Use and 5.5 Medical and Science, and all other zones in which residential development is not allowed.

3. Satellite dish antennae that are exempt by federal law.

B. All non-exempt satellite dish antennae shall comply with the following standards:

1. Residential zones:

a. All transmitting satellite dish antennae shall be prohibited from residential zones; however, transmitting satellite dish antennae operated by federally licensed amateur radio operators shall be exempt from this provision.

b. A satellite dish antenna, when allowed, and its supporting structures shall be located in either the rear yard or side yard areas and shall comply with the applicable setback requirements; however, satellite dish antennae shall not be placed in side yard areas adjacent to a street. No satellite dish antenna or its supporting structure shall be placed in the area between the front property line and any portion of the dwelling.

c. The maximum diameter of a satellite dish antenna shall not exceed eight feet.

d. Any satellite dish antenna over 42 inches in diameter shall require a conditional use permit.

e. The maximum height of a ground-mounted satellite dish antenna shall not exceed six feet.

f. A ground-mounted satellite dish antenna shall be screened from all public and private streets and adjacent properties to the maximum extent permitted by the provisions of the Irvine City Zoning Code, including, without limitation, Chapter 3-35, pertaining to Walls and Fences.

g. A satellite dish antenna shall have no type of signage except as may be required by law for warnings, certification seals, or stamps.

h. No satellite dish antenna shall be mounted on the wall, roof, or roof eave of any residential development or any accessory structure, unless it can be camouflaged from all adjacent land uses, public and private street frontages, and is located on the rear half of any roof or structure. The screening shall be compatible with the materials, color, and design of the roof or structure and shall not be visible from the streets in the front of any residence or development.

i. A satellite dish antenna shall comply with all applicable provisions of the California Building Standards Code and the City's Municipal Code, and shall require a building permit.

2. Commercial/industrial/institutional/multi-use zones:

a. A roof-mounted satellite dish antenna shall be screened from all adjacent streets and properties and comply with applicable provisions of the Title 5, Division 9, Chapter 5 of the Irvine Municipal Code.

b. A ground-mounted satellite dish antenna shall be screened from all adjacent streets and properties to the maximum extent permitted by the provisions of the Irvine Zoning Code, including, without limitation, the (wall and fence) provisions as identified in Chapter 3-35, but subject to the limitations imposed elsewhere in this ordinance. The screening material utilized shall be architecturally compatible in color, texture, and quality with the development prevailing in the installation location.

c. Any satellite dish antenna over five feet in diameter or located in a visually sensitive area, as determined by the City, shall require approval of a conditional use permit.

d. A satellite dish antenna may not encroach into any required landscape or building setback.

e. A roof-mounted satellite dish antenna shall comply with all established building height limits.

f. A satellite dish antenna shall have no type of signage except as may be required by law for warnings, or certification seals or stamps.

g. A satellite dish antenna shall comply with all applicable provisions of the Uniform Building Code, the National Electrical Code, the City's Municipal Code, and shall require a building permit.

(Ord. No. 05-13, § 4, 7-12-05; Ord. No. 13-08, § 2(Exh. A), 1-14-14)

All other types of antennae not previously mentioned are permitted in any zoning district.

(Ord. No. 05-13, § 4, 7-12-05)