§ 99.06

Private open areas may be included in the required open area but not in the required common usable open area. A private open area, when provided, shall have dimensions not less than ten (10) feet in any horizontal direction if at ground level, or be at least five (5) feet by eight (8) feet in horizontal dimension if located on a balcony or deck above ground level. (Ord. 427-AC)

99.06.04 Future Rights-Of-Way

This section is applicable only where a portion of a lot is within an area planned as part of a future street, alley or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the buildable lot width to less than forty (40) feet.

In cases to which this section applies, the portions of any lot within any such future right-of-way area shall not be occupied by structures other than those encroachments allowed in future rights-of-way as provided elsewhere in code. All other required setbacks, yards and open areas shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards and open areas. (Ord. 427-AC)

99.06.05 Front, Side, Rear Yards

Each lot shall have front, side and rear yard setbacks not less than the amounts shown in the following tables for primary and accessory buildings:

YARDS REQUIRED-RESIDENTIAL USES

PRIMARY BUILDING

Front Side Yard Rear Yard Yard

CRR

If there is an established “high water” mark delineated through a state or federal jurisdictional agency, then that “high water” controls for purposes of measuring the beginning point for the front yard or rear yard setback measurement. If no delineation has been made the setbacks shall be measured beginning from the top of the natural bank. R-1 uses are permitted in the CRR Zone and the R-1 setbacks apply. All other uses in the CRR Zone require a Conditional Use Permit. IF the use if approved (whether residential, commercial or mixed use), the Conditional Use Permit will specify the setbacks in accordance with the use being approved. These tables shall be used as a guideline in the CRR zone when determining setbacks for commercial, high density residential uses or mixed uses, but stricter standards may be applied for reasons of health, safety, welfare, aesthetics or compatibility.

“Table of yards required – nonresidential zones”

• (Ord. No. 659-AC)

PRIMARY AND ACCESSORY BUILDING

CRR

If there is an established “high water” mark delineated through a state or federal jurisdictional agency, then that “high water mark” controls for purposes of measuring the beginning point for the front yard or rear yard setback measurement. If no delineation has been made the setbacks shall be measured beginning from the top of the natural bank. R-1 uses are permitted in the CRR Zone and the R-1 setbacks apply. All other uses in the CRR Zone require a Conditional Use Permit. If the use is approved (whether residential, commercial or mixed use), the Conditional Use Permit will specify the setbacks in accordance with the use being approved. These tables shall be used as a guideline in the CRR zone when determining setbacks for commercial, high density residential uses or mixed uses, but stricter standards may be applied for reasons of health, safety, welfare, aesthetics, or compatibility.

HISTORY

Amended by Ord. 663-AC on 10/24/2023

99.06.05(b) Shipping Containers

1. Permitted in all zones, provided setbacks are met.

2. Units to be painted in a color that blends with the existing structures and surrounding area.

3. Containers may not be placed in a required parking area. Stacking of containers is not permitted.

4. Containers may not be placed between the primary structure and the immediately adjacent road or access easement (front of property).

5. Under no circumstances shall a shipping container be used for human or animal habitation unless modified as such according to the California Building Standards Code and approved with the entitlement and when compliant with the architecture requirements.

6. Units must be located or screened so as not to be in public view, unless modified to be used as habitable space.

HISTORY

Amended by Ord. 663-AC on 10/24/2023

99.06.06 Zero Side Or Rear Yard

Where no side or rear yard is required or where a zero (0) side yard is permitted, any building or structure shall be located either at the property line or at least three (3) feet from the property line. (Ord. 427-AC)

99.06.07 Zero Residential Side Yard

In the residential zones, where the lots on both sides of a property line are being developed anew (with all existing buildings on both lots being removed), a zero (0) side yard, in lieu of the side yard otherwise required, may be required on one (1) or both sides of said property line, provided:

1. Any building wall along the property line shall be of a sound-absorbing type in accordance with adopted standards.

2. An agreement of covenant between the property owners involved and running with the land, in a form acceptable to the city planner, shall be recorded, setting forth acceptance of the physical arrangement, and providing that failure to maintain such wall to the prescribed standard shall obligate each party to conform to the otherwise applicable yard regulations. (Ord. 427-AC)

99.06.08 Space Between Buildings

The minimum distance between buildings located on the same lot shall be as shown in the following table:

MINIMUM SPACE BETWEEN BUILDINGS

Between Main Building and An Accessory Between 2 Main Buildings Building Window* Window* Doorway* In One of the Facing In One or Both Facing In Both Facing Walls Walls Walls

99.08.01 General Requirements

Fences are required under various provisions of this part and other laws, including, but not limited to, the screening and protection of parking areas, storage areas, swimming and therapeutic pools, and utility facilities. Such required fences together with the facilities and activities required to be enclosed shall be located so as not to conflict with open space and yard setback requirements. In the case of utility facilities subject to fencing requirements pursuant to state law which unavoidably conflict with the requirements of this part, the state requirements shall prevail. Approved fence material shall

consist of chain link, wood, decorative rock, wrought iron, masonry wall in residential zones. Fences or devices utilizing galvanized, corrugated or interlocking metal sheets shall require a Special Use Permit. (Ord. No. 556-AC.)

1. Small Residential Rooftop Energy System.

   1. Application package includes:

      1. Exhibit “A” – Checklist for Expedited Solar Residential Rooftop Project

      2. Exhibit “B-1” – Standard Plan-Simplified Central/String Inverter System

      3. Exhibit “B-2” – Standard Plan-Simplified Micro inverter and ACM System

2. Exhibit “C” – Structural Criteria for Rooftop Solar Structural Requirements

   5. Exhibit “D” – building permit application with interconnection agreement application (Photovoltaic guidelines/Needles Rebate Program)

   6. Application Submittal for Permit. Will be accepted by the City via email, internet, or facsimile.

   7. Review Process and Permit Issuance.

      1. Building Official to review and confirm application is complete and administratively approve the application and issue all required permits or authorizations. Incomplete applications will be returned with written notification from building official identifying application deficiencies.
      • Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.

   8. Inspection. Only one inspection shall be required, which shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.

3. All other REP Projects.

   1. Permits Required. The type of land use permit required for REFs are shown in the Permissible Use Table under Section 24.00. 2. Application Package includes:

      1. Conditional Use Permit Application

      2. CEQA Checklist

      3. Interconnection Agreement Application

   2. Permits.

   3. Nothing in this chapter modifies the minimum building standards required to construct a REP, consistent with applicable building and fire codes. The REP components and all accessory equipment shall comply with the most recently adopted Building Code as determined by the Building Official and Fire Code as determined by the Fire Official.

   4. The Permits shall include review by local permitting departments including, but not limited to, the local Fire Authority, for Health and Safety Requirements.

   5. General Requirements.

      1. Setbacks. The following setbacks from the Parcel line to the closest part of the REP shall be established as shown in the Table below. Fencing, roads and landscaping may occur within the setback.

2. Grading, Access and Parking.

3. Renewable energy projects shall be sited to maintain natural grades and use existing roads for access to the extent practical. Construction of new roads shall be avoided as much as possible. Natural grades shall be restored and re-vegetated for temporary access roads, construction staging areas, of field office sites used during construction. The operator shall maintain an all-weather access road for maintenance and emergency vehicles.

4. Soil Stabilization, Erosion Control and Ground Water Management.

   1. To the extent feasible and compatible with the climate and pre-project landscaping of the property the site shall be restored with native vegetation. The revegetation plans shall be reviewed and approved by the City. All areas occupied by the facility that are not utilized for access to operate and maintain the installation shall be covered with gravel or other soil stabilization or other methods approved by the City. Use of chemical soil stabilization will require ongoing maintenance as required by the City.

   2. The renewable energy facility must have a storm water management plan/permit showing existing and proposed grading and drainage demonstrating no net increase in runoff.

   3. Erosion and Sediment Control Plan, if applicable, approved prior to beginning grading or construction. The plan must include best management practices for erosion control during and after construction, and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas, and to minimize sediment and storm water run-off waterways, agricultural lands and habitat areas.

   4. Prior to issuing a final Building Permit, an as-built grading and drainage plan, prepared by a licensed professional surveyor or other approved qualified professional shall be submitted to the reviewing agency’s engineer for review and approval. The plan shall show that the as-built conditions are substantially the same as those shown on the approved grading and drainage plan.

   5. A maintenance plan shall be submitted for the continuing maintenance of the REP, which may include, but not limited to, planned maintenance of soil stabilization, equipment maintenance, and plans for cleaning of solar panels if required.

5. Aesthetics. The operator of the renewable energy facility shall maintain the facility including all required landscaping in compliance with the approved design plans, and shall keep the facility free from weeds, dust, trash and debris.

6. Air Quality. During site preparation, grading and construction, the renewable energy facility operator must implement best management practices to minimize dust and wind erosion, including regularly watering roads and construction staging areas as necessary, and minimizing vehicle idling and number of vehicle trips. Paved roads shall be swept as needed to remove any soil that has been carried onto them form the facility site.

7. Air Safety. Renewable energy facilities shall be sited and operated to avoid hazards to air navigation. The renewable energy facility shall comply with any conditions imposed by Federal, State, County, and City agencies.

8. Biological Resources. The protection of high value biological resources is an important consideration. REP projects shall not be located on lands which support listed, candidate or other fully protected species, species of special concern, or species protected under the Native Plant Protection Act; Environmentally Sensitive Habitat Areas without CEQA. Applicant shall be responsible for all costs associated with the preparation of all documentation, studies, etc., as well as the costs associated with the preparation of all documentation, studies, etc., as well as the costs associated with the City’s use of a third-party reviewer to ensure application completeness. Applicants are encouraged to coordinate with permitting agencies such as Dept. of Fish and Game and U.S. Fish and Wildlife Service during design stages.

9. Cultural Resources. Renewable energy facilities shall be sited to avoid or mitigate impacts to significant cultural and historic resources, as well as sacred landscapes. Facilities requiring a use permit that result in ground disturbance shall require a cultural resources records search and, if necessary, a cultural resources field survey at the time of facility application. Consultation with Native American tribes shall be conducted as part of the environmental review process.

Grading plans for all renewable energy facilities shall include notes that require the contractor to halt work within the vicinity of any archeological, historical or cultural resources or artifacts that may be discovered during construction or operation.Tthe operator shall notify the local agency and qualified professional shall be retained at the applicant’s expense to evaluate the find and determine any measures to mitigate impacts including avoidance, removal, preservation or recordation in accordance with California law. The operator shall implement any feasible mitigation measures as determined by the local agency. If human remains are discovered, the County Coroner must also be notified and consultation with the Native American Heritage Commission may be required to determine the most likely descendants.

9. Fire Protection. The renewable energy facility shall be subject to Fire Safety Standards. The operator must implement a Fire Prevention Plan for construction and ongoing operations approved by the County Fire Marshall and local fire protection district. The plan shall include, but not limited to: emergency vehicle access and turnaround at the facility site(s), addressing, vegetation management and fire break maintenance around structures.

10. Proximity to Transmission Lines and Utility Notification. Upgrades to distribution or transmission facilities shall be identified and addressed as part of the CEQA review process. No building permit for a renewable energy facility shall be issued until evidence has been provided that the proposed interconnection is acceptable to the affected utility.

• If new distribution, transmission, or substation facilities are required and the utility is an investor-owned utility, California Public Utilities Commission (CPUC) may need to approve a Permit to construct or a Certificate or Public Convenience and Necessity. Coordination with the CPUC is essential prior to renewable energy facility approval.

11. Security and Fencing. The site area for a renewable energy facility must be fenced or other appropriate measures to prevent unauthorized access and provide adequate signage. Wildlife friendly fencing shall be used where required. If needed, security lighting shall be operated by motion sensors. Access gates and equipment cabinets must always be locked at all times.

12. Signs. Temporary signs describing the facility and providing contact information for the contractor and operator shall be placed during construction and must be removed prior to final inspection and operation. Signs for public or employee safety are required. No more than two signs relating the address and name of the operator/facility may be placed on-site, subject to design review. Outdoor displays, billboards or advertising signs of any kind either on-or off-site are prohibited.

13. Off-Site Facilities. When the REP is located on more than one Parcel, there shall be proper easement agreements or other approved methods for the notification of all impacted parties.

14. Septic System Avoidance. The REP shall not be located over a septic system, leach field area or identified reserve area unless approved by the Department of Environmental Health;

15. Floodplain Avoidance. If located in a floodplain as designated by FEMA, or an area of known localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, etc. shall be located above the base flood elevation; and shall not otherwise create a fire or other safety hazard as determined by the Building Official.

16. Visibility.

17. If lighting is required, it shall be activated by motion sensors, fully shielded and downcast type where the light does not spill onto the adjacent Parcel or the night sky;

18. No display of advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner;

19. Decommissioning and Restoration.

20. A Decommissioning Plan shall be required and shall include the following:

An estimate prepared by a registered engineer describing the activities required to decommission the site and return it to its natural condition that existed before the installation along with an estimate to conduct the decommissioning activities.

The Owner/Applicant shall provide sufficient financial assurance to decommission the site. Allowable finance and assurances include cash, deposit, Letter of Credit or Performance Bond from an institution satisfactory to the City Manager.

1. Removal of all aboveground and underground equipment, structures, fencing and foundations to a depth of three feet below grade. Underground equipment, structures and foundations located at least three feet below grade that do not constitute a hazard or interfere with the use of the land do not need to be removed.

2. If applicable, removal of substations, overhead poles, above ground electricity transmission lines located on-site or within the public right of way if determined not to be usable to any other public or private utility.

3. Removal of graveled areas and access roads.

4. Regarding and placement of like-kind topsoil after removal of all structures and equipment.

5. An Erosion Control Plan

6. Revegetation of disturbed areas with native seed mixes and plant species suitable to the area.

7. The timeframe for completion of removal and decommissioning activities.

8. An engineer’s cost estimate for all aspects of the decommissioning plan, including use of prevailing wage rates, and credit for the salvage value of the panels and system materials.

9. A statement signed by the owner or operator that they take full responsibility for reclaiming the site in accordance with the Decommissioning Plan and Use Permit approval upon cessation of use. See above. We want a financial assurance instrument.

The renewable energy facility operator is required to notify the City immediately upon termination or cessation of use or abandonment of the operation. The operator shall remove components of the facility when it becomes functionally obsolete or is no longer in use. The operator shall begin decommissioning and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within 90 days from the date the facility ceases operation and shall return the site to an appropriate end-use within the timeframe specified in the Decommissioning Plan.

18. Financial Assurance. At the time of issuance of the permit for the construction of the facility, the operator shall provide financial assurance in a form and amount acceptable to the local agency to secure the expense of decommissioning and removing all equipment, structures, fencing, and reclaiming the site and associated access or distribution lines in compliance with the approved reclamation plan.

19. Workforce Development. The operator shall be encouraged to participate in the regional occupational training program, or a similar program approved by the city, providing job training in renewable energy, and restoration and land stewardship, by providing an annual contribution to fund the program and providing access to the facility by teachers and students, for the term of the lease or facility use.

Submittal of a Local Hiring Plan is required prior to applying for a building permit for new construction valued at above $TBD. The Plan shall set voluntary targets for local hiring, along with a protocol for sequencing local job recruitment activities prior to advertising outside the-City as determined by the City. The Plan shall also include annual monitoring and reporting requirements during construction.

a Local Hiring Plan is required prior to applying for a building permit for new construction valued at above $TBD. The Plan shall set voluntary targets for local hiring, along with a protocol for sequencing local job recruitment activities prior to advertising outside the-City as determined by the City. The Plan shall also include annual monitoring and reporting requirements during construction.

20. Abandonment. A REP that ceases to produce electricity on a continuous basis for twenty-four (24) months shall be considered abandoned unless the Applicant or Landowner demonstrates by substantial evidence satisfactory to the City that there is no intent to abandon the facility. Applicants and/or Landowners are required to remove all equipment and facilities and restore the site to original condition upon abandonment.

21. Facilities deemed by the City to be unsafe, and facilities erected in violation of this section shall also be subject to this Section. The code enforcement officer or any other employee of the City shall have the right to request documentation and/or affidavits from the Applicant regarding the system’s usage and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred.

22. Upon a determination of abandonment or other violation(s), the City shall send a notice hereof to the Applicant and/or Landowner, indicating that the responsible party shall remove the REP and all associated facilities, and remediate the site to its approximate original condition within ninety (90) days of notice by the City, unless the City determines that the facilities must be removed in a shorter period to protect public safety. Alternatively, if the violation(s) can be addressed by means short of removing the REP and restoration of the site, the City may advise the Applicant and/or Landowner of such alternative means of resolving the violation(s).

23. If the Applicant and/or Landowner do not comply, the City may remove the REP and restore the site and may thereafter (a) draw funds from any bond, security or financial assurance that may have been provided or (b) initiate judicial proceedings or take other steps authorized by law against the responsible parties to recover only those costs associated with the removal of structures deemed a public hazard.

24. Misc.

• Public Benefit Program. A streamlined permitting process utilizing a Special Use Permit in lieu of a Conditional Use Permit shall be used for any REF utility-scale sized project participating in the Public Benefit Program.

6. Required Findings for Approval of a Commercial Solar Energy Facility.

7. In order to approve a commercial solar energy generation facility, the Planning Commission shall determine that the location of the proposed commercial solar energy facility is appropriate in relation to the desirability and future development of communities, neighborhoods, and rural residential uses, and will not lead to loss of the scenic desert qualities that are key to maintaining a vibrant desert tourist economy by making each of the findings of fact in subdivision (c).

Commission shall determine that the location of the proposed commercial solar energy facility is appropriate in relation to the desirability and future development of communities, neighborhoods, and rural residential uses, and will not lead to loss of the scenic desert qualities that are key to maintaining a vibrant desert tourist economy by making each of the findings of fact in subdivision (c).

2. In making these findings of fact, the Planning Commission shall consider:

   1. The characteristics of the commercial solar energy facility development site and its physical and environmental setting, as well as the physical layout and design of the proposed development in relation to nearby communities, neighborhoods, and rural residential uses; and

   2. The location of other commercial solar energy generation facilities that have been constructed, approved, or applied for in the vicinity, whether within a city or unincorporated territory, or on state or federal land.

3. The finding of fact shall include the following:

   1. The proposed commercial solar energy generation facility is either

      1. Sufficiently separated from existing communities and existing/developing rural residential areas so as to avoid adverse effects, or

      2. Of a sufficiently small size, provided with adequate setbacks, designed to be lower profile than otherwise permitted, and sufficiently screened from public view so as to not adversely affect the desirability and future development of communities, neighborhoods, and rural residential use.

   2. Proposed fencing, walls, landscaping, and other perimeter features of the proposed commercial solar energy generation facility will minimize the visual impact of the project so as to blend with and be subordinate to the environment and character of the area where the facility is to be located.

   3. The siting and design of the proposed commercial solar energy generation facility will be either:

      1. Unobtrusive and not detract from the natural features, open space and visual qualities of the area as viewed from communities, rural residential uses, and major roadways and highways, or

      2. Located in such proximity to already disturbed lands, such as electrical substations, surface mining operations, landfills, wastewater treatment facilities, etc., that it will not further detract from the natural features, open space and visual qualities of the area as viewed from communities, rural residential uses, and major roadways and highways. To assist in this determination, photo simulations of the proposed commercial solar energy generation facility as viewed from sensitive receptors (i.e. residences, trails, parks) and public roadways in the area may be required as part of the project’s application package.

   4. The siting and design of project site access and maintenance roads have been incorporated in the visual analysis for the project and shall minimize visibility from public view points while providing needed access to the development site.

4. The proposed commercial solar energy generation facility will not adversely affect the feasibility of financing infrastructure development in areas planned for infrastructure development or will be located within an area not planned for future infrastructure development (e.g., areas outside of water agency jurisdiction).

   6. The proposed commercial solar energy generation facility will not adversely affect to a significant degree the availability of groundwater supplies. 7. The proposed commercial solar energy generation facility will minimize site grading, excavating, and filling activities by being located on land where the existing grade does not exceed an average of five (5) percent across the developed portion of the project site, and by utilizing construction methods that minimize ground disturbance.

   7. The proposed commercial solar energy generation facility will be located in proximity to existing electrical infrastructure, such as transmission lines, utility corridors, and roads, so that:

        1. Minimal ground disturbance and above ground infrastructure will be required to connect to the existing transmission grid, considering the location of the project site and the location and capacity of the transmission grid, 
      
        2. New electrical generation tie lines will be co-located on existing power poles whenever possible, and 
      
        3. Existing rights-of-way and designated utility corridors will be utilized to the extent practicable. 
      

      9. The proposed commercial solar energy generation facility will be sited so as to avoid or minimize impacts to the habitat of special status species, including threatened, endangered, or rare species, Critical Habitat Areas as designated by the U.S. Fish and Wildlife Service, important habitat/wildlife linkages or areas of connectivity designated by County, state or federal agencies, and areas of Habitat Conservation Plans or Natural Community Conservation Plans that discourage or preclude development.

      10. Adequate provision has been made to maintain and promote native vegetation and avoid the proliferation of invasive weeds during and following construction. 11. The proposed commercial solar energy generation facility will be located so as to avoid or mitigate impacts to significant cultural and historic resources, as well as sacred landscapes.

      11. The proposed commercial solar energy generation facility will be designed in a manner that does not impede flood flows, avoids substantial modification of natural water courses, and will not result in erosion or substantially affect area water quality.

      12. The proposed commercial solar energy generation facility will not be located within a floodway designated by the Federal Emergency Management Agency (FEMA), has been evaluated for flood hazard impacts, and will not result in increased flood hazards to upstream or downstream properties.

      13. All on-site solar panels, switches, inverters, transformers, and substations shall be located at least one foot above the base flood elevation as shown on the Flood Insurance Rate Maps.

5. For development sites proposed on or adjacent to undeveloped alluvial fans, the commercial solar energy generation facility has been designed to avoid potential channel migration zones as demonstrated by a geomorphic assessment of the risk of existing channels migrating into the proposed development footprint, resulting in erosion impacts.

    16. For proposed facilities located on prime agricultural soils or land designated by the California Farmland Mapping and Monitoring Program as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, where use of the land for agricultural purposes is feasible, the proposed commercial solar energy generation facility will not substantially affect the agricultural viability of surrounding lands. 
   
    17. If the proposed site is subject to a Williamson Act contract, the proposed commercial solar energy generation facility is consistent with the principals of compatibility set forth in California Government Code Section 51238.1. 
   
    18. The proposed commercial solar energy generation facility will not preclude access to significant mineral resources. 
   
    19. The proposed commercial solar energy generation facility will avoid modification of scenic natural formations. 
   
    20. The proposed commercial solar energy generation facility will be designed, constructed, and operated so as to minimize dust generation, including provision of sufficient watering of excavated or graded soil during construction to prevent excessive dust. Watering will occur at a minimum of three (3) times daily on disturbed soil areas with active operations, unless dust is otherwise controlled by rainfall or use of a dust palliative, or other approved dust control measure. 
   
    21. All clearing, grading, earth moving, and excavation activities will cease during period of winds greater than 20 miles per hour (averaged over one hour), or when dust plumes of 20 percent or greater opacity impact public roads, occupied structures, or neighboring property, and in conformance with Air Quality Management District (AQMD) regulations. 
   
    22. For sites where the boundary of a new commercial solar energy generation facility will be located within one-quarter mile of a primary residential structure, an adequate wind barrier will be provided to reduce potentially blowing dust in the direction of the residence during construction and ongoing operation of the commercial solar energy generation facility. 
   
    23. Any unpaved roads and access ways will be treated and maintained with a dust palliative or graveled or treated by another approved dust control method to prevent excessive dust, and paving requirements will be applied pursuant to Chapter 83.09 of the Development Code. 
   
    24. On-site vehicle speed will be limited to 15 miles per hour. 
   
    25. On terms and in an amount acceptable to the Director, adequate surety is provided for reclamation of commercial solar energy generation facility sites should energy production cease for a continuous period of 180 days and/or if the site is abandoned. 
   

6. Solar Energy Development Standards.

7. Night Lighting. Outdoor lighting within a commercial solar energy generation facility shall comply with the provisions of Chapter 83.07 of this Development Code.

   2. Public Safety Services Impact Fees. The developer of an approved commercial solar energy generation facility shall pay a fee on an annual basis according to the following schedule:

   3. Special Use Permit. Prior to the start of construction, the developer of an approved commercial solar energy generation facility shall submit for review, and gain approval for, a Conditional Use Permit (CUP). Thereafter, the CUP shall be renewed annually subject to annual inspections and the payment of fees. The annual CUP inspections shall review and confirm continuing compliance with the performance standards included in the findings of fact and the listed conditions of approval, including all mitigation measures. This comprehensive compliance review shall include evaluation of the operation and maintenance of the entire commercial solar energy generation facility. Failure to comply shall cause enforcement actions against the operator and owner of the facility. Such actions may cause a hearing or an action that could result in revocation of the facility’s conditional use permit and imposition of additional sanctions and/or penalties.

   4. Project Notices. Notice of an application for approval of a commercial solar energy generation facility shall be provided to all property owners, whether located in a city or in the unincorporated area of the County, within the following parameters:

      1. Area to be Notified: Owners of property located within 1,000 feet of the external boundaries of the parcel of the proposed site, or owners of property located up to 20 separate parcels away but not to exceed one quarter mile (1,320 ft.), whichever is greater.

      2. Notification Timing. Notification shall be accomplished upon acceptance of a new Conditional Use Permit application or a Revision to an Approved Action application for a commercial solar energy generation facility, with additional notice of public hearings provided as required by law to property owners within the Area to be Notified cited above.

HISTORY

Amended by Ord. 663-AC on 10/24/2023 99.09.05 Telecommunications Towers

1. Telecommunications Tower on Residentially Zoned Lots. A telecommunication tower is prohibited on a residentially zoned lot unless either of the following applies:

   1. The residentially zoned lot is developed and used for nonresidential purposes; or

   2. The residentially zoned lot is owned by a governmental entity.

2. New Telecommunications Towers.

   1. Level of approval required.

      1. Director-level. A director-level site plan and design review is required for a new roof-mounted telecommunications facility that is no higher than twenty-five (25) feet higher than the highest point of the building to which it is attached, or a new monopole under fifty (50) feet, or a new monopole that replaces an existing monopole, does not exceed the height of the existing pole where it is located, and is located in the same or proximate location as the monopole being replaced.

of-mounted telecommunications facility that is no higher than twenty-five (25) feet higher than the highest point of the building to which it is attached, or a new monopole under fifty (50) feet, or a new monopole that replaces an existing monopole, does not exceed the height of the existing pole where it is located, and is located in the same or proximate location as the monopole being replaced.

  2. Commission-level. A conditional use permit is required for a new telecommunications tower that is not subject to director-level review. 

     1. Site Plan and Design Review. A new telecommunications tower is subject to site plan and design review approval at the same level as the conditional use permit. 

     2. Standards Applicable Only to Discretionary Projects. All wireless telecommunications comply with the following, except that small wireless telecommunications facilities which comply with the most recent version of the City’s wireless design standards, as approved by the City Council by resolution, after recommendation (for or against) by the Planning Commission, need not comply with the following: 

        1. Screening. The applicant shall employ screening, undergrounding and camouflage design techniques to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility’s visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. 

        2. Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible. 

        3. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility. 

        4. Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

aws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

        5. Security. Permittee shall pay for and provide a performance bond or other form of security approved by the City Attorney’s office, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and this Code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any building permit, permittee must submit said security instrument. 

        6. Noise. If a nearby property owner registers a noise complaint, the City shall forward the same to the permittee. Said compliant shall be reviewed and evaluated by the applicant. The permittee shall have 10 business days to file a written response regarding the complaint which shall include any applicable remedial measures. If the City determines the complaint is valid and the applicant has not taken any steps to minimize the noise, the City may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant if the site is found in violation of this Section. The matter shall be reviewed by the Director. If the Director determines sound proofing or other sound attenuation measures are required to bring the project into compliance with the Code, the Director may impose conditions on the project to achieve said objective. 

7. Undergrounding. Accessory equipment shall be placed underground unless City staff determines that there is either no room in the public right-of-way for undergrounding or undergrounding is not feasible. If either exception applies, the accessory equipment may be placed above ground provided it is sufficiently concealed with natural or manmade features. When accessory equipment will be ground-mounted, such accessory equipment shall be enclosed within a structure that does not exceed a height of 5 feet, not exceed a footprint of 15 square feet, and shall be fully screened and/or camouflaged with landscaping and/or architectural treatment. Required electrical meter cabinets shall be screened and/or camouflaged.

8. Standards for all Facilities. The following requirements apply to all wireless telecommunications facilities.

   1. Antenna Placement. Antenna elements shall be flush mounted, if feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers.

9. Traffic Safety. Facilities shall be designed consistent with all applicable safety standards and shall be installed only in a location which does not violate pedestrian or traffic safety standards.

   3. Blending Methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures.

   4. Poles. Pole mounted equipment and enclosure, exclusive of antennas, shall not exceed total volume allowed by City’s design standards. Strand mounted equipment and enclosure shall not exceed 2 cubic feet in total volume.

   5. Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.

   6. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public’s use of the right-of-way, or safety hazards to pedestrians and motorists.

   7. Public Facilities. A facility shall not interfere with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

   8. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.

   9. Accessory Equipment—Accessory Equipment—Location. In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of street with no homes.

   10. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.

   11. Lighting. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.

   12. Noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

10. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. For any discretionary permit, the Director may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.

11. Permit Expiration. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the City.

12. Signs. At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

13. Permit Expiration. A condition setting forth the permit expiration date in accordance with subsection N shall be included in the conditions of approval. 17. Permit Transfer. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument.

14. Property Rights. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a wireless telecommunications facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the City with documentation establishing to the City’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant’s facilities.

15. Liability. The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

16. Repair Obligations. The permittee shall repair, at its sole cost and expense, any damage, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the City Engineer. Such time period for correction shall be based on the facts and circumstances, danger to the community and severity of the disrepair. Should the permittee not make said correction within the time period allotted the City Engineer shall cause such repair to be completed at permittee’s sole cost and expense.

17. Drip Line. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way unless the facility is to be collocated on an existing facility in the drip line.

18. Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies meeting the City of Westminster’s insurance requirements for contractors to perform work with public right-ofway.

19. Indemnification. Permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the City, and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the City, Planning Commission or City Council concerning this permit and the project. Such indemnification shall include damages of any type, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys’ fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit the City from participating in a defense of any claim, action or proceeding. The City shall have the option of coordinating the defense, including, but not limited to, choosing counsel after consulting with permittee and at permittee’s expense.

ch claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit the City from participating in a defense of any claim, action or proceeding. The City shall have the option of coordinating the defense, including, but not limited to, choosing counsel after consulting with permittee and at permittee’s expense.

24. Hold Harmless. Additionally, to the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney’s fees, interest and expert witness fees), or damages claimed by third parties against the City for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or are in any way related to the wireless telecommunications facility, or to any work done by or use of the public right-ofway by the permittee, owner or operator of the wireless telecommunications facility, or their agents, excepting only liability arising out of the sole negligence or willful misconduct of the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers.

25. Cabinet Removal. Should the utility company servicing the facility with electrical service that does not require the use of an above ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation 90 days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee.

y servicing the facility with electrical service that does not require the use of an above ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation 90 days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee.

26. Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by: (i) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above ground facilities, including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency; (ii) any abandonment of any street, sidewalk or other public facility; (iii) any change of grade, alignment or width of any street, sidewalk or other public facility; or (iv) a determination by the Director that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public’s use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within 90 days of notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the Code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee’s election, to either a pro rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Code allow. In the event the facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances including those of immediate or imminent threat to the public’s health and safety, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

27. Conditions. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the wireless telecommunications facility permit within 30 days of permit issuance. The permit shall be void and of no force or effect unless such written consent is received by the City within said 30-day period.

28. Right-of-way Agreement. Prior to the issuance of any encroachment permit, permittee shall be required to enter into a right-of-way agreement with the City in accordance with the City’s past practice.

29. Conditions of Approval. In addition to compliance with the design and development standards outlined in this Section, all facilities shall be subject to the following conditions of approval (approval may be by operation of law), as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director: As built drawings. The permittee shall submit an as built drawing within 90 days after installation of the facility. As-built drawings shall be in an electronic format acceptable to the City which can be linked to the City’s GIS.

    1. Contact Information. The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the City. The permittee shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

       1. Identity, including the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

       2. The legal status of the owner of the wireless telecommunications facility.

    2. Assignment. The permittee shall notify the City in writing at least 90 days prior to any transfer or assignment of the permit. The written notice required in this Section must include: (i) the transferee’s legal name; (ii) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (iii) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The Director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: Federal, State and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the Director shall be a cause for the City to revoke the applicable permits.

ans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the Director shall be a cause for the City to revoke the applicable permits.

3. The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director for the purpose of: (i) protecting the public health, safety, and welfare; (ii) preventing interference with pedestrian and vehicular traffic; and/or (iii) preventing damage to the public right-of-way or any adjacent property. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.

4. Findings. No discretionary permit shall be granted for a wireless telecommunications facility unless the approving party makes all of the following findings:

   1. All notices required for the proposed installation have been given.

   2. The proposed facility would comply with all applicable laws.

   3. The applicant has provided sufficient evidence supporting the applicant’s claim that it has the right to enter the public right-of-way pursuant to State or Federal law, or the applicant has entered into an agreement with the City permitting the applicant to use the public right-of-way.

   4. The applicant has demonstrated one of the following: (a) the design and location for the proposed installation will be minimally intrusive on the purposes of this Section 17.400.177; or (b) denial of the proposed facility would “effectively prohibit” the deployment of wireless facilities in violation of Federal law.

HISTORY

Adopted by Ord. 663-AC on 10/24/2023 99.10 Environmental Effect 99.10.01 Noise Control 99.10.02 Lighting