Lancaster Municipal Code Art. XIII Wireless Telecommunication Facilities

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Editor's note— Ord. No. 1070, Exh. A, adopted Jan. 14, 2020, repealed the former Art. XIII, §§ 17.40.640—17.40.681, and enacted a new Art. XIII as set out herein. The former Art. XIII pertained to similar subject matter and derived from Ord. 753 § 1 (Exh. A § 10 (part)), adopted 1999.

A. The purpose and intent of this article shall be to establish standards for the placement and use of wireless telecommunication facilities in all zones in which they are allowed within the City of Lancaster. These requirements provide incentives for well-designed and well placed telecommunication facilities by simplifying and shortening the review process, where warranted, while at the same time protecting the public interest. It is the City's intent, in establishing these standards, to allow for the development of wireless communication facilities where needed in accordance with the Telecommunications Act of 1996, while maintaining development standards and permitting requirements consistent with state law.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

These standards are applicable to all wireless telecommunication facilities in all zones and in the public right-of-way where they are allowed. These standards do not apply to noncommercial radio or television antennas, which shall be subject to the specific requirements for the zone in which they are located.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

A. Mini, Minor, Stealth and Major wireless communication facilities shall require a Directors Review unless they exceed the allowed height for the zone in which they are located. In the event height is exceeded, a Conditional Use Permit shall be required. All wireless communication facilities shall comply with the development standards and submittal requirements identified within this Article.

B. Major wireless communication facilities in the residential zones shall require a Conditional Use Permit.

C. Wireless communication facilities on City property or within the public right-of-way shall comply with the required permitting process as indicated in Lancaster Municipal Code Sections 17.40.665-17.40.666

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

A. Notwithstanding any other provision of this Chapter, the collocation of a new wireless communication facility on an existing 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 §65850.6(b) for wireless communication collocation facilities shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non-discretionary permit(s), as specified by this Title and the City-adopted Building Code, provided such collocation does not increase the height or change the location of the existing wireless facility or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility.

B. The proposed collocation of a new wireless communication facility on an existing minor or major wireless communication facility that meets all of the requirements stated in the above paragraph may include new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless communication collocation facility per Section 6409 (a).

C. The proposed collocation of a new wireless communication facility on an existing major wireless communication facility that meets all of the requirements stated in the above paragraphs may not include the following:

1. More additional surface area of antennas than is being utilized by the existing wireless communication collocation facility, provided all antennas are colored and/or disguised to match the existing facility.

2. Any additional tower or additional support structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless communication facility. Unless otherwise approved in writing by the Director, and except as provided in this subsection, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this Chapter.

D. Except as otherwise provided above, a Director's Review may be required when the proposed collocation facility:

1. 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

2. Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this Section; or

3. Collocates on an existing legally permitted wireless communication facility; or

4. Will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the 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. No. 1070, § 4(Exh. A), 1-14-2020)

A. Screening and Site Selection Guidelines. The following screening and site selection guidelines apply to all wireless communication facilities:

1. Stealth facilities and concealed antennas are preferred.

2. Wireless communications facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the Development Services Director, or as otherwise required herein.

3. Ground-mounted wireless communications facilities shall be located only in close proximity to existing above-ground utilities, such as electrical towers or utility poles (which are not scheduled for removal or undergrounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City.

B. Wireless communication facilities shall be located in the following order of preference:

1. Collocated with existing wireless communications facilities.

2. On existing structures such as buildings, communication towers, or utility facilities.

3. On an existing signal, power, light, or similar kinds of poles.

4. In industrial zones.

5. In commercial zones.

6. In residential zones, subject to additional restrictions set forth herein.

C. When located on any existing non-residential building or structure or on any existing utility pole provided such location complies with all of the following:

1. The collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable state or federal regulations; and

2. Existing Major Wireless Communications Facility to be utilized for collocation shall previously be granted with a Conditional Use Permit or a Director's Review approval, including modification of an existing Conditional Use Permit or Director's Review: and

3. All accessory equipment and enclosures shall be located underground or screened from public view as approved in writing by the Director; and

4. Unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation.

5. The proposed facility will replace or modify an existing facility for purposes of collocation.

6. The proposed facility will be designed and constructed in a manner to allow for future collocation of an additional wireless communication carrier provided the applicant submits written documentation that shows:

A more preferable location, as determined by reference to Section 17.40.662 (2) cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility including, but not limited to, coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant's reasonable control. For the purposes of this Chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed Major Wireless Communications Facility to the nearest property line of any residential land use, or to the nearest point of another Major Wireless Communications Facility.

D. General Development Requirements.

1. As part of the application process, each wireless communications facility applicant may, at the discretion of the Director, be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the Site Selection Guidelines (order of preference). Such documentation shall include at minimum a coverage map (before and as proposed) and analysis of alternative sites.

2. Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage. Advertising of any kind on the facility is prohibited.

3. All accessory equipment associated with the operation of the wireless communications facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zone in which the accessory equipment is located, subject to City approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.

4. Wireless communications facilities shall be subdued colors and non-reflective materials, which blend with surrounding materials and colors.

5. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building.

6. Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communications facility. The applicant shall provide documentation satisfactory to the Director establishing compliance with this subsection.

7. Proof of Federal Communications Commission and Federal Aviation Administration approvals shall be provided prior to building permit issuance.

8. Where possible, wireless telecommunication facilities shall be integrated into the design of the existing buildings on-site.

9. Wireless telecommunication facilities, including equipment buildings and cabinetry shall be treated to match existing buildings on-site.

10. Wireless telecommunication facilities shall be painted with a non-reflective finish in a color to be determined by the approving authority which best matches the background environment color. Primarily, colors shall be light blue where the predominant background for the structure is above the horizon and beige where the background is the mountains or desert.

11. Lighting, other than required safety lights, is prohibited.

12. Construction and operation of a wireless telecommunication facility shall meet the noise standards identified in the City of Lancaster's General Plan (Table 3-1) and adhere to the City's Noise Ordinance (Chapter 8.24 of the Lancaster Municipal Code). A detailed noise study by a qualified acoustical engineer may be requied to document that the noise levels meet the required levels and to determine any necessary attenuation measures.

13. Anti-climbing devices are required.

14. Any required parking or landscaping displaced by the construction of a wireless telecommunication facility shall be replaced on-site or additional review for off-site parking shall be required. Landscape plans shall be submitted according to the most recent landscape ordinance, as necessary.

15. Wireless telecommunication facilities shall not be placed where they will cause interference with the operation of other wireless telecommunication facilities, wind energy conversion systems or solar power systems.

The Development Services Director, or their designee, or the Planning Commission, as appropriate, can require additional design criteria or other information as deemed necessary to integrate the proposed wireless telecommunication facilities with the surrounding area.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

A. All wireless telecommunication facilities which are installed, erected, co-located, or modified within the City right-of-way following the effective date of the ordinance codified in this chapter shall conform to the following requirements.

B. All equipment shall be associated with a specific provider and the GPS coordinates of any nodes to be connected to must be provided. No applications will be accepted for equipment if the provider is not identified in advance and the GPS coordinates of the connecting nodes are not provided.

C. Wireless facilities applications proposed for location in the public right-of-way that conform to the requirements in Section 17.40.675 shall be submitted to the Development Services Department for processing. Any request for a deviation from the requirements shall require the Director of Development Services' review and approval.

D. Any applicant that seeks approval for five or more wireless telecommunications facilities in the public right-of-way within a 24-month period, either individually or cumulatively, shall submit a Director's Review application. Approved facilities shall require subsequent individual permitting from Building and Safety.

E. Installation of wireless telecommunications facilities within the City right-of-way will be permitted subject to issuance of a Master Telecommunications Agreement, encroachment permit, and payment of applicable permit fees. The City Engineer or his designee will review and approve encroachment permit applications from carriers which hold a Certificate of Public Convenience and Necessity (CPCN) from the California Public Utilities Commission (CPUC) subject to the criteria contained in this section. A Removal or Relocation Security, and a certificate of general liability insurance and commercial automobile liability insurance in a form and amount acceptable to the City must be submitted prior to issuance of the permit, and maintained for as long as the facilities exist within the City right-of-way.

F. In addition to the requirements found in this chapter, every wireless telecommunication facility request within the public right-of-way must be accompanied by the following prior to review:

1. Elevations showing the height of the proposed facility, location and placement of any related equipment, and the height of other structures within a 60-foot radius from the proposed location;

2. A completed Master Telecommunications Agreement;

3. Photos of the site with a rendering of the proposed facility taken from a minimum of three directions;

4. A written description and map identifying the location of the proposed facility in relation to all existing and planned facilities within a two (2) mile radius maintained within the City by each of the applicant, operator, and owner, with an explanation of the facility's purpose to address service coverage or capacity, and graphic and/or written evidence which demonstrates the inability of existing facilities to meet the need met by the new facility.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

All wireless telecommunications facilities that are located within the public right-of-way shall be designed and maintained as to minimize visual, noise, and other impacts on the surrounding community and shall be planned, designated, located, and erected in accordance with the following:

A. Wireless telecommunication facilities in the public right-of-way shall not alter vehicular circulation or parking in the public right-of-way, nor impede vehicular or pedestrian access or visibility along any public right-of-way. No facility shall interfere with the use of City property or the public right-of-way, no any City or public utility facility located in the public right-of-way, no any reasonable expectation of future City, general public, or public utility use of the public right-of-way. Any such facility shall be moved, permanently or temporarily, at the permittee's expense, as determined by the Director of Development Services.

B. In no case shall a new facility be erected adjacent to vacant land unless there is an approved project or site plan associated with the parcel and the applicant assumes responsibility for moving the facility, permanently or temporarily, at the permittee's expense, should the facility become incompatible due to revision or cancellation of the project or plan, as determined by the Director of Development Services. If the facility is required to be to be moved, the permittee has 180 days (6 months) to move the facility from the date of notification.

C. Location. Wireless telecommunication facilities in the public right-of-way shall be developed in the following manner in order of preference:

1. Co-located on an existing City-owned light pole in any zone except residential, provided the facility conforms to the design guidelines and is located on a primary or secondary arterial street. The permittee shall enter into a facilities lease agreement with the City for the use of the pole.

2. A new light pole in any zone except residential, provided the facility conforms to the design guidelines, is located on a primary or secondary arterial street, and is proposed in a location with an approved site plan or map that is in the permitting process at the time of application.

3. A co-located facility, replacement light pole, or new light pole proposed in a residential zone shall require a Director's Review.

D. Design.

1. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.

2. All antennas shall meet the minimum siting distances to habitable structures required for compliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency emissions.

3. No more than one (1) antenna assembly may be attached to a light pole.

4. All cabling and wiring shall be run through the interior of the pole. No exposed slack or extra cable is allowed.

5. An antenna assembly must be mounted to the top of the pole, or flush to the pole near the top.

6. A flush-mounted antenna assembly may not exceed a total volume of 3 cubic feet. A cylindrical antenna assembly shall not exceed 5 feet above the existing height of a light pole or 50% larger than the top diameter of the pole, whichever is less, unless additional separation is required for conformance with CPUC General Order 95 clearance requirements.

7. No portion of the antenna or transmission equipment mounted on a pole may be less than 16 feet above any road surface to minimize potential safety conflicts with users of said roadway.

8. All parts of the antenna assembly shall be completely shrouded with no exposed components or mounting apparatus.

9. The facility shall comply with all applicable sections of the City of Lancaster's adopted Building Code.

10. Replacement Poles. If an applicant proposes to replace a pole in order to accommodate a proposed facility, the pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials, and style to the maximum extent feasible.

11. New Poles. The model of new pole shall be determined by the City and will be either a) the same model and manufacturer normally required for the location, or b) the equivalent to a Replacement Pole for the required model should that model not be able to accommodate the facility.

E. Support Equipment. To preserve community aesthetics, all facility equipment, excluding antennas, aboveground vents and the smallest possible electrical meter boxes, shall to the greatest extent possible be required to be located underground, flush to the finished grade, shall be fully enclosed, and not cross property lines. Equipment may include, but not be limited to, the following: meter pedestals, fiber optic nodes, radio remote units or heads, power filters, cables, cabinets, vaults, junction or power boxes, and gas generators. Wherever possible, electrical meter boxes related to wireless facilities shall be appropriately screened, not visible to the general public, and located in less prominent areas within the public right-of-way. Where it can be demonstrated that undergrounding of equipment is infeasible due to conflict with other utilities, the City Engineer may approve alternative above grade equipment mounting, including pole mounting, when adequately screened from public view. Any approved above grade equipment must be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians or motorists.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

A. Any wireless telecommunication facility in the public right of way may at any time be required to be removed and/or relocated by the City at the owner's expense for any reason including, but not limited to, street reconstruction or widening.

B. In the event that the wireless telecommunication facility is deemed to be unsafe or unstable due to damage as a result of an act of nature (e.g., severe wind storm, etc.), vandalism, or any other such incident, the facility shall be removed immediately. If the owner of the telecommunications facility does not remove the facility immediately as requested, the City shall remove the structure and bill the owner. The owner shall have the right to rebuild the structure in the same location

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

A. Prior to review, every wireless telecommunication facility request must be accompanied by the following:

1. A site plan showing the locations of existing structures, parking facilities, driveways, landscaping, conduit, fiber, and other relevant infrastructure and information on-site as well as the location of adjacent buildings and structures within a distance equal to the height of the proposed facility or 60 feet, whichever is greater, measured from the base of the support structure;

2. Detailed engineering plans for the proposed facility including GPS coordinates on a Datum, Reference and at an accuracy acceptable to the City; and depth and size of all conduit and fiber locations;

3. Elevations showing the height of the proposed facility, cabinetry or equipment buildings supporting the facility, and the height of other structures on-site;

4. Property owner's authorization for establishment of a wireless telecommunication facility. Include a copy of the lease agreement with a statement regarding liability for future removal of the structure;

5. Proof of Federal Communications Commission licensing;

6. A map or narrative of other facilities proposed or existing to support the proposed facility including identification of the carrier the connection is being made for and the GPS coordinates of the nodes being connected to.

B. Prior to review, major wireless telecommunications facilities (including stealth and co-located facilities) must be accompanied by the following:

1. Photos of the site taken from a minimum of four directions with an emphasis on the worst case scenario as seen from the most visually sensitive adjacent use or street right-of-way.

2. A rendering of the proposed facility superimposed upon a photograph of the site.

3. A siting statement describing the method used to determine the height and location of the facility. Describe how other alternative sites would not be feasible.

4. A co-location statement, which is a written statement indicating that the applicant will accept collocation of other wireless telecommunication facilities at the proposed location in good faith and that an exclusive lease agreement will not be signed between the owner of the property and the wireless telecommunication facilities provider.

5. Proof of Public Utilities Commission license for the applicant to provide service in this area.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

A. All work shall be done in a good and skillful manner, subject to the inspection and reasonable satisfaction of the City. All work shall comply with standards imposed by City ordinance and be conducted with the least possible hindrance or interference to the public right-of-way and City property. The telecommunications facility shall occupy the smallest space necessary and be installed in such a manner as to not unreasonably hinder the future installation of co-located facilities.

B. The operator/applicant shall be responsible for any damage to City street pavement, existing utilities, curbs, gutters, sidewalks or to any private property or improvements, including but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support, to the extent caused by its installation, maintenance, repair or removal of its wireless telecommunication facility and shall repair, replace and restore in kind any such damaged facilities at its sole expense and to the reasonable satisfaction of the City.

C. If the public right-of-way to be utilized has preexisting installation(s) placed in said right-of-way, the operator/applicant shall assume the responsibility to verify the location of the preexisting installation and notify City and any third part of the proposed installation. The reasonable cost of any work required of such third party or City to provide adequate space or required clearance to accommodate the installation shall be borne solely by the operator/applicant.

D. The operator/applicant shall be responsible for ensuring that the work of employees, contractors, subcontractors, agents, representative and permitted assigns is performed consistent with applicable laws and shall be responsible for acts or omissions of such third parties including responsibility for promptly correcting acts or omissions.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

No wireless communication facility shall interfere with any public safety radio communications system. Wireless communication facilities shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and abatement of any such interference

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

A. A wireless communications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communication services for 180 or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City.

B. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communications facility at said operator's business address on file with the City. The operator shall remove all facilities within 30 days of the date of such notice unless, within 10 business days of the date of said notice, the operator appeals such determination, in writing, to the Planning Commission. The Director shall schedule a hearing on the matter to be conducted before the Planning Commission at which time the operator may present any relevant evidence on the issue of abandonment. The Planning Commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the Planning Commission shall be final.

C. Any wireless communications facility determined to be abandoned and not removed within the 30-day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the Planning Commission following its final determination of abandonment, shall be in violation of this Chapter, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

A temporary wireless communication facility may be deployed subject to approval by the Director and the following:

A. A permanent wireless communication facility has been approved for the property in question.

B. The temporary facility was approved as part of the Conditional Use Permit or other discretionary application.

C. The facility is deployed for no more than six (6) months, provided that two extensions may be granted by the Director; however, the total period shall not exceed one (1) year.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

All notifications with respect to this ordinance shall be provided via certified, return receipt mail and addressed to the applicant, property owner identified in the lease (private property) and/or the entity identified in the Master Telecommunications Agreement (public right-of-way).

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

Wireless telecommunication facilities are heavily regulated by both state and federal law. If and to the extent there is any conflict between any provision of this article and any applicable provision of federal law, the federal law shall control and the conflicting provision of this article shall have no force or effect. If and to the extent there is any conflict between any provision of this article and any applicable provision of state law, the state law shall control and the conflicting provision of this article shall have no force or effect.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020)

If any section, sentence, clause or phrase of this article is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The city council declares that it would have passed the ordinance codified in this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases may be declared invalid or unconstitutional.

(Ord. No. 1070, § 4(Exh. A), 1-14-2020; Ord. No. 1130, § 4(Exh. A), 5-27-2025)