Irvine Municipal Code Ch. 2-37.5 Wireless Communication Facility Permit

The purpose of this section is to establish a process that balances the need for Irvine residents to access wireless communications, the general welfare of Irvine residents, and the requirements of State and federal law, to guide applicants for wireless communication facilities in the City of Irvine with respect to the City requirements.

To facilitate the above stated intent, the procedures described in this chapter are intended to function in combination with the development standards established in Chapter 3-8, Wireless Communication Facility, Satellite Dish and Antenna Standards, to ensure all wireless communication facilities are appropriately located, designed and maintained to protect the public health, safety, and welfare, while minimizing their adverse visual and environmental effects.

(Ord. No. 05-13, § 4, 7-12-05)

Prior to the construction of any wireless communication facility, the applicant shall obtain a wireless communication facility permit (WCFP). As specified in Section 2-37.5-3, a minor or major conditional use permit shall also be required, depending on the location of the proposed site and the class of antenna. A conditional use permit application is to be heard by the Zoning Administrator or the Planning Commission as indicated in Section 2-37.5-3. The Zoning Administrator reviews minor conditional use permits and the Planning Commission reviews major conditional use permits.

When both a wireless communication facility permit and conditional use permit are required for a proposed wireless communication facility, the submittal of a wireless communication facility permit application may be waived by the Director of Community Development, provided the conditional use permit includes all of the information that would be required for a wireless communication facility permit. If the wireless communication facility permit is waived, the application shall be reviewed pursuant to the applicable conditional use permit standards.

(Ord. No. 05-13, § 4, 7-12-05)

Applications for a wireless communication facility requiring either a wireless communication facility permit or a conditional use permit shall be subject to the following review procedures as determined by the classification of the antenna installation and the location of the installation site as indicated in the table below:

Review Procedure Matrix

WCFP - Wireless communication facility permit (administrative, staff-level review).

ZA - Minor conditional use permit reviewed by the Zoning Administrator.

PC - Major conditional use permit reviewed by the Planning Commission.

X - Not Permitted.

a. At the discretion of the Director of Community Development, any WCFP application may be forwarded to the Zoning Administrator for review and action.

b. At the discretion of the Zoning Administrator, any minor conditional use permit for a wireless communication facility may be forwarded to the Planning Commission for review and action.

c. For any application located within a public park or public trail easement, the Community and Library Services Commission shall review the application in accordance with the Community Services Wireless Communications Policy and make a recommendation on the application prior to any action by the Director of Community Development on a wireless communication facility permit and prior to any action by the Zoning Administrator or the Planning Commission on a required conditional use permit.

d. Any application for a wireless communication facility that proposes to exceed the height limit of the applicable zoning district by greater than ten feet shall be elevated to the next level of review. Pursuant to this provision, an application that is otherwise subject to wireless communication facility permit review standards would become subject to a minor conditional use permit level of review and approval by the Zoning Administrator and an application that is otherwise subject to minor conditional use permit review standards subject to Zoning Administrator approval would become subject to a major conditional use permit level of review and approval by the Planning Commission. Colocated installations may exceed the height limit by up to 15 feet without requiring elevation to the next level of review, provided that appropriate technical justification to support the added height is submitted as part of the application.

e. The review procedure for co-located facilities shall be consistent with the applicable review procedure as identified elsewhere in this table depending on the type of installation and classification of antenna being used for the colocation.

f. Class 7 antennae shall not be permitted on properties either used or zoned residentially.

g. The City has a preference for locating Wireless Telecommunications Facilities on feasible open space sites, as opposed to sites within residential areas. For purposes of this section, feasible open space sites are sites located in open space zones that: 1) are not encumbered by deed restrictions or other legal impediments that prohibit the installation of wireless communication facilities; 2) are not restricted by operation of a natural communities conservation plan and/or habitat conservation plan in a manner that prohibits wireless communication facilities; 3) are owned or controlled by an individual or entity that is willing to allow use of the proposed site for a wireless communication facility installation; 4) include existing structures (such as power line towers or an above-ground water storage tank) upon which wireless communication facilities can be mounted; 5) require no new disruptions (i.e., access roads, retaining walls, etc.) that do not primarily serve an open space purpose; and 6) where the proposed wireless communication facilities, including any accessory cabinetry, can be designed, treated, or screened in an aesthetic manner that is in keeping with the surrounding open space.

(Ord. No. 05-13, § 4, 7-12-05; Ord. No. 19-06, § 6(Exh. A), 5-14-19; Ord. No. 24-07, § 3(Exh. A), 5-28-24; Ord. No. 25-22, § 4, 9-9-25)

A. The property owner or authorized agent of the property owner may request a wireless communication facility permit.

B. Prior to any application for a wireless communication facility permit or conditional use permit for any wireless communication facility located in a public park or easement for a public trail, the applicant shall submit an application for the review and approval by the Director of Community and Library Services and/or the Community and Library Services Commission. As part of this review, the applicant may be required to submit detailed construction drawings and other documents as required by the Director of Community and Library Services. All costs associated with the permit review shall be the responsibility of the applicant.

C. The information listed below is required at the time a wireless communication facility permit application is submitted to the Community Development Department:

1. A complete development case application signed by the property owner or its authorized representative.

2. A deposit or fee as set forth by ordinance or resolution of the City Council.

3. A letter of justification describing the proposed wireless communication facility and explaining how it will satisfy the findings in Section 2-37.5-5.

4. Noticing materials for public meetings and hearings as required to provide public notification pursuant to Section 2-37.5-7.

5. Information as required by the City of Irvine wireless communication facility permit information sheet.

6. Proof that carrier has not entered into any agreement prohibiting co-location at the proposed site, where co-location is otherwise technically feasible.

7. An accurate map indicating the proposed site and detailing existing wireless communication facility locations owned and operated by the applicant. Applicant shall disclose plans for all planned facility locations for the next 12 months from the date of application submittal.

8. If applicable, a description of the communications services, equipment, or facilities that the applicant will offer or make available to the City or other public, educational and governmental institutions.

9. Engineering certification demonstrating compliance with all existing RF emissions standards. The technical information submitted must also include technical support/analysis to justify the proposed height of the antenna mount.

10. Alternative site analysis, assessing the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site, as deemed necessary by the City. The analysis should include an explanation of why other sites considered were not selected. In the case of proposed sites that are inside or within 150 feet of any Residential District, the alternative site analysis shall specifically include an evaluation of the availability and feasibility of potential alternative sites located on Open Space District lands within the vicinity of the proposed site.

11. Alternative configuration analysis, assessing the feasibility of alternative antenna construction configurations, both at the proposed site and in the surrounding vicinity, which would result in a lower Antenna Class installation (i.e., a more visually acceptable antenna), as deemed necessary by the City. This analysis should include an explanation of why other antenna construction configurations were not selected.

12. A projection of the wireless carrier's anticipated future wireless communication facility siting needs within the City, which information may be used by the City as part of a master planning effort designed to ensure a more planned, integrated and organized approach to wireless communication facility siting as the remaining areas of the City are built out.

13. Other information as may be required by the Director of Community Development.

(Ord. No. 05-13, § 4, 7-12-05; Ord. No. 25-22, § 4, 9-9-25)

A. For a wireless communication facility requiring a wireless communication facility permit, the Director of Community Development may approve said permit without findings.

B. For a wireless communication facility requiring either a minor conditional use permit or a major conditional use permit, the Zoning Administrator or Planning Commission may approve the conditional use permit provided that the applicable findings required for a conditional use permit pursuant to Section 2-9-7 and the following findings can be made:

1. The proposed wireless communication facility is visually compatible with the surrounding neighborhoods.

2. The proposed wireless communication facility is not detrimental to the public health, safety, or general welfare.

3. The proposed wireless communication facility is proposed to function in compliance with all applicable regulations of the Federal Communications Commission.

4. The proposed wireless communication facility complies with the provisions of Chapter 3-8, Wireless Communication Facilities, Satellite Dish and Antenna Standards, as modified by this ordinance.

5. An alternative site(s) located further from a Residential District or Public Park cannot feasibly fulfill the coverage needs fulfilled by the installation at the proposed site.

6. An alternative antenna construction plan that would result in a lower "antenna class" category for the proposed facility is not reasonably feasible and desirable under the circumstances.

(Ord. No. 05-13, § 4, 7-12-05)

A. Wireless communication facility permits. The Director of Community Development shall be the final approval body for any wireless communication facility requiring only a wireless communication facility permit. However, at the Director's discretion, a wireless communication facility permit application may be forwarded to the Zoning Administrator for review and action. For any application located within a public park or public trail easement, the Community and Library Services Commission shall make a recommendation to the Director of Community Development.

B. Conditional use permit for wireless communication facilities. For any wireless communication facility that requires a conditional use permit, the approval body shall be as designated in Section 2-37.5-3. Other commissions, as deemed appropriate, may act as advisory bodies to the Zoning Administrator or Planning Commission. At the Zoning Administrator's discretion, a minor conditional use permit for any wireless communication facility may be forwarded to the Planning Commission for review and action. For any application located within a public park or public trail easement, the Community and Library Services Commission shall make a recommendation to the Director of Community Development, the Zoning Administrator or the Planning Commission as applicable for the type of permit requested.

(Ord. No. 05-13, § 4, 7-12-05; Ord. No. 25-22, § 4, 9-9-25)

A. A wireless communication facility permit shall not require a public hearing except as may be required for installations located within a public park or public trail easement pursuant to the review process required by the Community and Library Services Commission. If the Director of Community Development forwards a wireless communication facility permit to the Zoning Administrator for review, a public hearing shall be required with public noticing provided as required pursuant to Chapter 2-23.

B. For applications requiring a minor or major conditional use permit pursuant to Section 2-37.5-3, refer to Chapter 2-23 for noticing requirements of public meeting and hearings.

C. Commissions other than the Zoning Administrator or Planning Commission may review any proposed conditional use permit for a wireless communication facility as a recommending body as determined necessary by the Director of Community Development. If review by one of these commissions occurs, at least one public hearing shall be held and recommendations shall be prepared for consideration by the appropriate approval body.

D. The Planning Commission shall hold at least one public hearing, in accordance with Chapter 2-23 of this Zoning Code, and shall adopt a resolution approving, conditionally approving or denying a conditional use permit application request by resolution, based on findings in Section 2-37.5-5.

(Ord. No. 05-13, § 4, 7-12-05; Ord. No. 23-13, § 3(Exh. A), 7-11-23; Ord. No. 25-22, § 4, 9-9-25)

The appeal procedure for a wireless communication facility permit or conditional use permit for a wireless communication facility shall be in accordance with Chapter 2-5 of the Zoning Code.

(Ord. No. 05-13, § 4, 7-12-05)

A. As a condition of approval. The original approval authority may, at its discretion, place a condition on any wireless communication facility permit that requires a reconsideration of the permit by the original approval authority at the end of a specified time period from the date of the original approval. Items to be reviewed may include, but are not limited to, conformance with all conditions of approval, operation of the facility in its intended manner, and conformance with all applicable standards and regulations and updates thereof, particularly RF emissions, toxic and/or hazardous materials.

B. Modification of wireless communication facility permit or conditional use permit. If modifications are proposed to any wireless communication facility, the applicant shall submit an application for a modification pursuant to Chapter 2-19. If the proposed modification is intended for the sole purpose of accommodating the co-location of a wireless communication facility, such modification shall be considered a minor modification provided that no more than 10 additional feet in height is needed and the maximum building height pursuant to Section 3-9-1.B is not exceeded. If the maximum building height is exceeded, a major modification would be required. If the existing wireless communication facility already exceeds the district height limit, then a request to co-locate a new antenna on that facility, which adds no additional height or does not exceed the maximum building height by more than 15 feet, shall be considered a minor modification. If the existing wireless communication facility already exceeds the district height limit by more than 15 feet or adds height that brings the facility to more than 15 feet over the district height limit, a major modification would be required.

(Ord. No. 05-13, § 4, 7-12-05)

A. Legal nonconforming facility. Any wireless communication facility that is lawfully constructed, erected, or approved prior to the effective date of this chapter, or for which the application for a conditional use permit is deemed complete prior to the effective date of this section, in compliance with all applicable laws, and which facility does not conform to the requirements of this section shall be accepted and allowed as a legal nonconforming facility if otherwise approved and constructed. Legal nonconforming facilities shall comply at all times with the laws, ordinances, and regulations effect at the time the application was deemed complete, and any applicable federal and State laws as they may be amended or enacted, and shall at all times comply with the conditions of approval. Any legal nonconforming facility that fails to comply with applicable laws, ordinances, regulations, or the conditions of approval may be required to conform to the provisions of this section.

B. Illegal nonconforming facility. Any wireless communication facility constructed or erected prior to the effective date of this chapter in violation of applicable laws, ordinances, or regulations shall be considered an illegal nonconforming facility and shall be abated as a public nuisance pursuant to Title 4, Division 11 of the City of Irvine Municipal Code.

The City, its Director of Community Development, Zoning Administrator, Planning Commission, and/or City Council shall reserve the right to revoke or modify any permit granted and approved hereunder for any violations of Chapter 3-8 and/or the conditions of approval on such permit.

(Ord. No. 05-13, § 4, 7-12-05)

Within 30 days of terminating the operation of any wireless communication facility for any reason, including inoperable equipment, abandonment or technical obsolescence, the applicant shall notify the City of such termination. Said notification shall be in writing, shall specify the date of termination and shall include reference to the applicable wireless communication facility permit number. At the applicant's sole expense and responsibility, all component elements of a terminated wireless communication facility shall be removed in accordance with applicable health and safety requirements and the site restored to its condition prior to the installation of the facility within 90 days from the date the use of the facility is terminated.

At any time after 90 days of discontinued use and/or operation of a wireless communication facility, the City may remove the facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as is appropriate to be in compliance with applicable code. The City may, but shall not be required to, store the removed wireless communication facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the wireless communication facility, shall be jointly liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the City promptly after demand therefore is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City.

(Ord. No. 05-13, § 4, 7-12-05)