Division I — REGULATION OF ANTENNA AND TELECOMMUNICATIONS FACILITIES

In addition to complying with all applicable safety-related development standards set forth in this chapter, the installation of all antenna and telecommunications facilities must comply with all applicable building codes, fire codes, and electrical codes. In particular, electrical service must be properly grounded and rated fire walls may not be penetrated.

(Ord. 612 Exhibit A (part), 2008).

21.46.030 Permit requirements by zoning district .

(a) Permit Required. Unless otherwise exempt from permit requirements pursuant to Section 21.46.040, each wireless communication facility requires a permit in accordance with Table 21.46.030.

(b) Permit Processing. Permits shall be processed in accordance with applicable provisions of Article VIII for each of the specific permits listed in Table 21.46.030.

(c) Conditions. The designated approving authority for each of the listed permits may impose conditions on any permit or approval for a wireless communication facility to ensure compliance with all provisions and purposes of this chapter.

Table 21.46.030

Permit Requirements for Wireless Communication Facilities

Table 21.46.030

Permit Requirements for Wireless Communication Facilities

Abbreviations:

ZC = Permitted use subject to zoning clearance/plan check (Chapter 21.96 of this title) CUP = Conditional use permit required pursuant to Chapter 21.110 of this title

(1) See provisions of subsection (d) below.

(d) The collocation of a new wireless communication facility on an existing, approved minor or major wireless communication facility that: (i) was approved after January 1, 2007 by discretionary permit; (ii) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (iii) otherwise complies with the requirements of Government Code Section 65850.6 (b) for wireless telecommunications collocation facilities, shall only require zoning clearance/plan check pursuant to Chapter 21.96, provided such collocation does not increase the height or location of the existing permitted tower/structure, or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility, except as follows:

(1) The collocation facility may include: (i) equipment boxes that are colored and/or disguised to match the existing facility and that do not exceed the total volume of equipment boxes utilized by the existing wireless telecommunications collocation facility; (ii) no more antenna panels than are being utilized by the existing wireless telecommunications collocation facility, provided all antennas are colored or disguised to match the existing facility;

(iii) no additional tower, and no more support structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless facility.

(2) Except as otherwise provided above, a conditional use permit shall be required if otherwise required by this title and the proposed collocation:

(A) Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communication facility; or

(B) Adds any microwave dish or other antennas not expressly permitted to be included in a collocation facility by this section;

(C) The existing permitted wireless communication facility was approved on or prior to January 1, 2007; or

(D) The proposed collocation facility will serve or be operated by more than one wireless services provider, unless an additional provider is authorized in writing by the Planning Director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility.

(Ord. 612 Exhibit A (part), 2008).

The following antennas and telecommunications facilities may be installed as permitted accessory uses in land use zones where residential and nonresidential uses are authorized without zoning clearance/plan check and without obtaining a building permit:

(1) An antenna located in any zoning district that is designed for the following purposes and that meets the specified dimensions and height limitations:

(A) An antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services, provided that such antenna is one meter (39.37 inches) or less in diameter and is either building-mounted or ground- mounted and elevated by a mast.

(B) An antenna that is designed to receive video programming services by means of multipoint distribution services, including multi-channel multipoint distribution services, and such antenna is one meter (39.37 inches) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast.

(C) Antennas referenced above in subsections (A) and (B) above may not exceed the following height limitations:

(i) The height limit for ground-mounted antenna is ten feet.

(ii) Building-mounted antenna may not project above the eave of the pitched roof or top of the parapet wall or cornice.

(iii) Roof-mounted antenna shall not extend more than five feet above the highest (peak) point of the roofline, parapet wall, or other roof screen.

(iv) Exceptions to these height limits may be granted by the city planner where the applicant can demonstrate that additional height is necessary to obtain a useable quality signal.

(2) An antenna, located in any zoning district, which is designed solely to receive television broadcast signals, and such antenna, whether building-mounted or ground-mounted, is limited to that height which is reasonably necessary to ensure the reception of television broadcast signals of an acceptable quality. (Ord. 612 Exhibit A (part), 2008).

(a) The following antenna and telecommunications facilities may be installed in any zoning district where commercial or industrial uses are generally permitted, provided that a building permit is first obtained, that the

antenna/facility receives required zoning clearance/plan check or conditional use permit approval pursuant this title, and that the installation complies with all applicable safety-related development standards set forth in this chapter.

(1) A satellite earth station antenna that is designed to receive video programming services, and the diameter or diagonal measurement of that antenna exceeds one meter (39.37 inches) but does not exceed two meters (78.74 inches). Such antenna may be either building-mounted or ground-mounted and elevated by a mast, but it may not exceed the following height limitations:

(A) The height limit for ground-mounted antenna is ten feet.

(B) Building-mounted antenna may not project above the eave of the pitched roof or top of the parapet wall or cornice.

(C) Roof-mounted antenna shall not extend more than five feet above the highest (peak) point of the roofline, parapet wall, or other roof screen.

(b) A fee may be imposed by the city for the issuance of any building permit that is required under this section.

(c) The city council finds and determines that the building permit requirement imposed by this section is in the public interest and is justified by the following facts and circumstances:

(1) Satellite earth station antennas that exceed one meter in diameter or diagonal measurement but do not exceed two meters may reasonably be expected to be of a size, weight, and bulk substantially in excess of the smaller satellite earth station antennas that are permitted accessory uses and therefore generate legitimate safety concerns of a greater magnitude.

(2) Satellite earth station antennas having a diameter or diagonal measurement between one meter and two meters that are proposed to be located in commercial or industrial zoning districts have the potential to adversely affect the public safety due to the concentration of substantial numbers of employees and customers in commercial and industrial buildings.

(d) The city council further finds and determines that the building permit requirement imposed by this section is no more burdensome than is necessary to enable the city to achieve the following safety-related objectives and thereby reduce the potential for bodily injury, death, and property damage:

(1) To verify the proper mounting of these larger antennas on buildings or masts within commercial and industrial land use zones in order to reduce potential safety hazards resulting from faulty installations, including detachments attributable to windstorms, earthquakes, or other natural causes.

(2) To minimize the potential for fire-related hazards by verifying compliance with all applicable requirements of the city's electrical code, including those pertaining to wiring and electrical connections, grounding, and clearance from adjacent power lines.

(3) To ensure that the installation is completed in compliance with all applicable building code and fire code requirements, particularly in those circumstances where fire-rated walls or the roof of a structure will be subject to drilling or alteration.

(4) To ensure that no antenna, nor any of its component parts or accessory facilities, encroaches into the public rights-of-way, thereby compromising public safety.

(5) To ensure that a licensed structural or civil engineer certifies engineering calculations for all footings that may be required for the installation of a ground-mounted antenna.

(Ord. 612 Exhibit A (part), 2008).

21.46.060 Safety-related development standards for antenna and telecommunications facilities .

(a) The safety-related development standards set forth in this section apply in all zoning districts to the siting, construction, and operation of the following antenna and telecommunications facilities:

(1) Satellite earth station antennas that are permitted accessory uses.

• (2) Satellite earth station antennas that are subject to a building permit.

(3) Satellite earth station antennas that require conditional use permit approval and the issuance of building permits.

• (b) The safety-related development standards are as follows:

(1) No satellite earth station antenna may be installed in any zoning district if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.

(2) Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive-resistant materials.

(3) All satellite earth station antennas must be installed with adequate ground wire to protect against a direct strike of lightning. The ground wire must be of a type approved by the electrical code for grounding masts and lightning arrestors.

(4) All satellite earth station antennas must be separated from adjacent power lines by such vertical and horizontal distance as is required by the electrical code and by other applicable laws and regulations.

(5) Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards.

(6) To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground.

(7) All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind load of the magnitude specified in the building code.

(8) No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public rights-of-way.

(9) All satellite earth station antennas must be maintained in good repair, in a neat and clean condition, and in compliance with all applicable building, fire, and electrical codes.

(Ord. 612 Exhibit A (part), 2008).

(a) Residential Zoning Districts. The following development standards apply to the siting, construction, and operation of satellite earth station antennas in residential zoning districts:

(1) A ground-mounted satellite earth station antenna that must be located in the rear yard and in compliance with the setback requirement that is applicable to the primary structure.

(2) A building-mounted satellite earth station antenna that requires zoning clearance/plan check or a conditional use permit must be located on that building so as not to be visible from the street.

(b) All Other Zoning Districts. The following development standards apply to the siting, construction, and operation of satellite earth station antennas in all nonresidential zoning districts:

(1) A ground-mounted satellite earth station antenna that requires zoning clearance/plan check or a conditional use permit must be located in compliance with any applicable setback requirement.

(2) No ground-mounted satellite earth station antenna that requires zoning clearance/plan check or a conditional use permit may be located in the area between the front property line and the main building or structure. (Ord. 612 Exhibit A (part), 2008).

(a) Administrative Adjustment Required. Under any of the following circumstances, an application for an administrative adjustment must be submitted in accordance with Chapter 21.102 and, if the application is approved, a

building permit must be obtained:

(1) The proposed satellite earth station antenna will exceed the applicable height limitation(s).

(2) The diameter or diagonal measurement of the proposed satellite earth station antenna will exceed the maximum limitations specified in this chapter.

(3) The proposed satellite earth station antenna will not comply with the applicable setback or locational requirements set forth Section 21.46.070.

(b) Review Criteria. In considering an application for an administrative adjustment relating to the siting of a satellite earth station antenna, the approving authority will consider the following factors, as may be applicable:

(1) Whether the requested administrative adjustment is necessary to enable the applicant to receive signals of an acceptable quality.

(2) Whether the satellite earth station antenna will have a substantial adverse impact on the scale and massing of the streetscape.

(3) Whether the satellite earth station antenna will have a substantial adverse impact on an adjacent property owner's access to light and air or on the adjacent property owner's privacy.

(c) Application. In addition to the requirements for an administrative adjustment set forth in Chapter 21.102, the application must include the following:

(1) Construction drawings that show the proposed method of installation and the manufacturer's specifications, including equipment specifications that are mandated by the FCC.

(2) A plot plan showing the proposed location on the site of the satellite earth station antenna, its distance from other structures on the site, and its distance from the closest structures on adjacent properties.

(3) Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the building code.

(Ord. 612 Exhibit A (part), 2008).

The community development director or his or her designee may prepare and disseminate information concerning the placement and installation of satellite earth station antennas in accordance with voluntary guidelines that will help to achieve the city's safety-related objectives and to promote reasonable aesthetic objectives in order to maintain property values. This information may include, without limitation, the following:

(1) Installers of satellite earth station antennas licensed to conduct business within the city.

(2) Federal regulations promulgated by the FCC that preempt governmental and nongovernmental restrictions on antenna users who occupy residential units, including residential units subject to homeowner association CC&Rs and residential units within multiple-dwelling complexes, whether owner occupied or tenant occupied.

(3) The availability to existing or prospective antenna users of "no fee" safety-related inspections by the city.

(4) Guidelines relating to the preferred placement of satellite earth station antennas in order to reduce or eliminate their visibility from adjacent public streets, including the use of screening materials, such as walls, fences, earth berms, or landscaping, or the addition of new architectural elements that are compatible with the design of adjacent buildings.

(5) Guidelines relating to preferred neutral finished colors of satellite earth station antennas, which colors are determined to blend with surrounding dominant colors, or to camouflage an antenna, and are neither bright, reflective, nor metallic.

(Ord. 612 Exhibit A (part), 2008).