Chapter 17.85 — TELECOMMUNICATIONS (WIRELESS ANTENNA) FACILITIES

The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the orderly development, operation, and maintenance of wireless communications facilities. The regulations contained herein are designed to protect and promote public health, safety, and welfare and the aesthetic quality of the city of Orland as set forth in the policies of the general plan. It is also the intent to provide the community with benefits of this technology and not unduly restrict service providers from providing these benefits to the city and its citizens. The establishment of wireless communications facilities as a land use shall be subject to the regulations set forth by the applicable zoning district. In all locations which permit the development and use of wireless communications facilities, the following shall apply.

(Ord. 2007-05 § 3 (part))

A.

"Antenna" means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

B.

"Co-location" means a telecommunications facility comprising a single structure used to support multiple antennae operated by different carriers.

C.

"Facade mounted antenna" means an antenna that is directly attached or affixed to any facade or wall of a building.

D.

"Freestanding facility" means an antenna with its support structure placed directly on the ground.

E.

"Lattice tower" means an open steel frame structure used to support equipment that is part of a wireless communications facility.

F.

"Monopole" means a structure composed of a single spire used to support equipment that is part of a wireless communications facility.

G.

"Public safety radio transmissions" means radio transmissions generated by county sheriff, county fire department, city police and fire departments and all public entities for the purpose of public safety or information.

H.

"Shared-location" means more than one telecommunications facility comprising multiple structures used to support antennae operated by one or more carriers where such structures are within proximity to each other.

I.

"Stealth facility" means any communications facility that is designed to blend into the surrounding environment, and is visibly unobtrusive. Examples of stealth facilities may include architecturally screened roof mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend

with existing building, facilities camouflaged as trees or appropriate structure. Also known as concealed telecommunications facilities.

J.

"Roof-mounted" means an antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a lattice tower or monopole.

K.

"Wireless communications facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennae, microwave dishes, and other types of equipment for the transmission of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking areas and other accessory development.

(Ord. 2007-05 § 3 (part))

General requirements for materials to accompany an application. Applications for a conditional use permit, as specified under Chapter 17.80 et seq., for wireless communications facilities shall be accompanied by the materials listed below. The planning director may waive the requirement for submittal of any information described herein, which the planning director reasonably determines to be unrelated to the application. Public notice of conditional use permit is subject to the provisions set forth in Government Code Sections 65090 and 65091.

A.

A written description of the type of technology and consumer services the carrier will provide its customers;

B.

Technical information, including but not limited to, visual analysis, alternative site analysis, landscape and post-construction reclamation plans, and lighting plans;

C.

A copy of the land use easement or restriction which encumbers the proposed facility site. Financial arrangements need not be revealed;

D.

Technical information to show whether future service providers may co-locate on the proposed facility and the capacity the structure will support.

For facilities not proposed to be co-located the carried shall provide written information clearly substantiating the technical impracticality of co-locating. The information contained in the written information shall include statements showing that all possible avenues of co-location have been exhausted.

The city of Orland may, at the expense of the applicant, require independent peer review of the analysis as part of the review process.

Carrier leases may be required to provide opportunities for future co-locations of other carrier's antennae and related equipment. Leases which convey exclusive (single-user) rights for wireless communications facilities to the extent that such leases may preclude development of suitable co-location facilities are discouraged and may be prohibited as deemed appropriate by the planning commission.

The design of wireless communications facilities should promote shared use among different carriers. To the extent feasible, lease areas, antennae support, and equipment structures shall be designed to provide for the consolidation of future facilities to eliminate or minimize the visual clutter resulting from multiple telecommunications structures.

Existing facilities should make available unutilized space for co-location of other antennas and equipment, including space for competing service carriers.

(Ord. 2007-05 § 3 (part))

Applicants for wireless communications facilities shall be required to comply with the following standard conditions:

A.

The carrier and/or successor in interest shall properly maintain and ultimately remove, if required, the approved wireless communications facilities according to the provisions of this chapter and any conditions of permit approval. The carrier shall post a financial security, such as a bond or certification of deposit, acceptable to the city of Orland to ensure that the approved facilities are properly maintained and to guarantee that the facility is dismantled and removed from the premises and the site reclaimed if it has been inoperative for a one year period, or upon expiration of the permit. Financial assurance shall be an amount determined by a California licensed engineer, and approved by the planning commission, and shall cover the costs associated with the demolition, removal and reclamation of the facility site in the event the carrier abandons operations.

B.

The carrier shall defend, indemnify, and hold harmless the city of Orland and any of its boards, commissions, officers, and employees to attack, set aside, void, or annul the approval of permit applications when such claim or action is brought within the period provided for any applicable state and/or local statutes or from facility operations. The city of Orland shall promptly notify the carrier of any such claim, action, or proceeding.

C.

The applicant shall provide a copy of a title report or other legal instrument demonstrating legal access to the project site.

D.

Co-located facilities are permitted without the requirement for a use permit when facilities are proposed to be added to existing facilities, little or no physical expansion beyond the area of existing facility site disturbance is necessary, and the proposed facilities will not have detrimental effects to surrounding properties, the environment, or human health. The planning director shall retain the right to determine whether proposed co-located facilities meet this criteria.

E.

Co-location shall be required when feasible and when it minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors. Co-location is not required when the provider submits proof as part of the submitted application acceptable to the planning commission that reasonable efforts to co-locate have been unsuccessful due to:

The absence of existing installations in the area requiring service;

An inability to use existing sites in a technologically feasible manner consistent with the personal wireless provider's system requirements;

Structural or other engineering limitations, such as frequency incompatibilities.

F.

Location of Wireless Communications Facilities. Facilities shall be sited to avoid or minimize land use conflicts. None shall be sited in a location where it will unreasonably interfere with the operation of any county airport and public safety radio transmissions.

G.

Lighting. Applications for wireless communications facilities shall include a lighting plan including the location and type of all exterior lighting fixtures. Facilities shall be unlit, except as follows:

Manually operated or motion-sensing, low wattage, hooded or downward-directed exterior lighting shall be permitted for safety purposes only and shall not be lit except when maintenance or safety personnel are present;

As required under Federal Aviation Administration regulations.

H.

Access and Roadways. Wireless communications facilities shall be served by the minimum roads and on- site parking necessary, as follows:

Whenever feasible, existing roads and parking areas shall be used to access and service new facilities. Roads shall be maintained to standards required upon the establishment of the use.

Any new roads or parking areas constructed shall be shared with subsequent telecommunications facilities and/or other permitted uses to the extent feasible.

New access roads or parking areas shall have the minimum width and surfacing necessary to meet fire safety and access needs.

Disturbed surfaces shall be designed to avoid drainage and erosion problems.

I.

Vegetation. Wireless communications facilities shall be installed in a way that maintains and enhances existing vegetation to the extent feasible. Where appropriate, additional landscaping may be required to screen the proposed facility visually. Vegetation protection and facility screening shall be accomplished through the following measures:

Applications for facilities shall include a landscape plan that shows the size, type, and location of existing vegetation, and any vegetation proposed for removal or trimming. Emphasis of the landscape plan should be to screen the proposed facility visually and stabilize the soils on sloping sites. Introduced vegetation shall be native, drought tolerate species compatible with the predominant natural setting of the project area.

Existing trees and other screening vegetation near the proposed facility and associated access roads shall be protected from damage during and after construction.

All vegetation disturbed during project construction shall be replanted with compatible vegetation. Soils disturbed by development shall be reseeded to prevent soil erosion.

No vegetation shall be removed after project completion except to comply with local and state fire safety regulations or to prevent safety hazards to people and damage to property or operational impairment.

Lease area shall be sufficiently sized to include vegetative screening and must include provisions for the protection and maintenance of such screening.

J.

Noise and Traffic. Wireless communications facilities shall be constructed and operated in a way that minimizes noise and traffic impacts on nearby residents and the public. Noise and traffic reduction shall be accomplished through the following measures:

Facilities shall operate in compliance with the noise exposure standards contained in the city's noise element. Backup generators shall comply with the same noise standards and shall only be operated in emergencies or for routine testing and maintenance.

Normal maintenance and testing activities shall occur between the hours of seven a.m. and six p.m., excluding emergencies.

Traffic resulting from the installation, operation, and maintenance of a wireless communications facility must be kept to a minimum.

Applicants may be required to submit a development schedule if nearby property owners may be inconvenienced during construction.

K.

Visual Compatibility and Facility Site Design. Wireless communications facility structures and equipment shall be sited, designed, and screened to blend with the surrounding natural or built environment to reduce negative visual effects. Visual compatibility shall be accomplished in the following manner:

Freestanding facilities, including towers, lattice towers, and monopoles shall be discouraged unless no reasonable alternative is possible. If necessary this type of facility shall be designed to the minimum

functional height and width required to support the proposed wireless facility.

Proposed freestanding facilities shall be of a stealth design only. They shall be designed, painted and textured to blend with the surrounding landscape. Landscaping shall be provided pursuant to subsection (K)(4) below.

Applications for new facilities shall include a visual analysis of the proposed facility at design capacity, including but not necessarily limited to, a photo montage or photo simulation or other similar display. The visual analysis shall address views from public vantage points and private residences if deemed appropriate by the planning director. The visual analysis may be expanded to include alternative locations within the proposed service area.

Where visible from adjacent residences or public vantage points, base stations, equipment cabinets, backup generators, and other equipment shall be screened, fenced, landscaped, or otherwise treated architecturally to minimize its appearance from off-site locations and to blend with the surrounding natural and built environments visually. Exterior building materials of a color to match the surrounding natural or built environment shall be used for all facilities.

Facility sites should be avoided where identified historic, cultural, or archaeological resources exists.

No advertising signage or identifying logos shall be placed on any facility, except small identification plates used for emergency notification.

If a facility becomes obsolete or is otherwise no longer needed, service providers shall provide the county a copy of the notice to the Federal Communications Commission of intent to cease operations. All related facilities shall be removed within one year of cessation of operation at the owner's expense, as described in subsection A above.

(Ord. 2007-05 § 3 (part))

Antennas covered by Federal Communications Memorandum Opinion and Order—FCC-85-506 (PRB-1), are exempt from this regulation.

(Ord. 2007-05 § 3 (part))

The city of Orland shall not unreasonably discriminate among providers of functionally equivalent services nor shall it prohibit or have the effect of prohibiting the provision of wireless communications services.

A.

The city of Orland shall act on any request for authorization to place, construct or modify wireless communications facilities within a reasonable period of time after the request is duly filed taking into account the nature and scope of the request.

B.

Any decision by the city of Orland denying a request to place, construct, or modify wireless communications facilities shall, in writing, be supported by substantial evidence (findings).

C.

Any person adversely affected by any action or failure to act by the city of Orland that is inconsistent with this section may, within thirty (30) days after such action or failure to act, commence an action in any court of competent jurisdiction.

(Ord. 2007-05 § 3 (part))