Chapter 18.100 — WIRELESS COMMUNICATION FACILITIES

The purpose and intent of this chapter is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in Sand City. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This chapter provides standards necessary to: (1) preserve and promote harmonious land uses and the public right-of-way in the City; (2) promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the City consistent with the goals, objectives and policies of the General Plan; (3) provide for the orderly, managed, and efficient development of wireless telecommunications facilities in accordance with the State and Federal laws, rules, and regulations; and (4) encourage new and more efficient technology in the provision of wireless telecommunications facilities.

This chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under Federal or State law; or (6) otherwise authorize the City to preempt any applicable Federal or State law. (Ord. 23-05, 12/19/2023)

The intent of the regulations contained herein is to protect and promote public health, safety, community welfare and to:

• A. Protect the visual character of the City from the potential adverse effects of wireless communication facilities development and wireless communication facility installation;

• B. Ensure against the creation of visual blight within or along the City;

• C. Ensure that wireless communication facilities, to the maximum extent possible, are located in areas where the adverse impacts on the community are minimal;

• D. Ensure that wireless communication facilities, which include equipment cabinets and shelters, are configured in a way that minimizes the adverse visual impact of the facilities;

• E. Retain local responsibility for management of the use of the public right-of-way;

• F. Enhance the ability of the provider of wireless communication services to provide such services to the community quickly, effectively and efficiently;

• G. Ensure that a competitive and broad range of wireless communication services and high quality wireless communication service infrastructure are provided to serve the business community;

• H. Encourage collocation when it will decrease visual impact and discourage collocation when it will increase negative visual impacts, to the extent allowed by State and Federal law; and

• I. Establish a process for obtaining necessary permits for wireless communication facilities while at the same time ensuring compliance with applicable zoning, building, and safety requirements under this code.

• (Ord. 23-05, 12/19/2023)

For the purposes of this chapter, the following defined terms shall have the meaning set forth in this section unless the context clearly indicates or requires a different meaning.

"Accessory equipment" means any equipment associated with the installation of a wireless telecommunications facility, including, but not limited to, cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

"Antenna" means any system of wires, poles, panels, rods, reflecting disc, or similar devices used for the transmission or reception of electromagnetic waves (or radio frequency signals) when such system is either external to or attached to the exterior of a structure, ground-mounted, or is portable or movable. "Antenna" includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

"Base station" means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(1) , as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.6100(b)(9) or any equipment associated with a tower. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C.F.R. Section 1.6100(b)(1)(i) and (ii) that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. Section 1.6100(b)(1)(i) and (ii) .

under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. Section 1.6100(b)(1)(i) and (ii) .

"Collocation" has the same meaning as defined by the FCC in 47 C.F.R. Section 1.6100(b)(2) , as may be amended, which defines that term as the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting or receiving radio frequency signals for communications purposes.

"Eligible facilities request" means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b) (3) , as may be amended, which defines that term as any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (1) collocation of new transmission equipment; (2) removal of transmission equipment; or (3) replacement of transmission equipment.

"Existing" means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(4) , as may be amended, which provides that a constructed tower or base station is existing for purposes of Section 6409(a) regulations if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

"Fully-concealed facility" refers to wireless communication facilities which are designed and constructed to blend in with the surrounding environment so that the antenna and related equipment are not readily visible. Examples include a cupola on a building, water tank, artificial tree, rocks and a utility pole where all antenna and related equipment are internally mounted or underground.

"Height" means the distance measured from ground level to the highest point on the wireless communication facility, including an antenna or piece of equipment attached thereto. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

"Owner" or "operator" means the person, entity or agency primarily responsible for installation and maintenance of the wireless communication facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located.

"Personal wireless service facilities" means the same as defined in 47 U.S.C. Section 332(c)(7) (C)(i) , as may be amended, which defines the term as facilities that provide personal wireless services.

"Public right-of-way" means and includes all public streets and easements, now and hereafter owned by the City or other public entity, but only to the extent of the City or public entity's right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities.

"Radio frequency (RF)" means electromagnetic energy with wavelengths between the audio range and the light range.

"Readily visible" means that an object can be seen from street level by a person with normal vision, and distinguished as an antenna or related equipment of a wireless communication facility, due to the fact that it is not fully-concealed, stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials.

"Related equipment" means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

"Section 6409(a) Modification" means a collocation, modification, or replacement of transmission equipment at an existing wireless tower or base station that does not result in a substantial change in the physical dimensions of the existing wireless tower or base station pursuant to Section 6409(a).

"Section 6409(a)" refers to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. Section 1455(a) , as may be amended or interpreted in judicial or administrative decisions or implementing regulations.

"Site" means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(6) , as may be amended, which provides that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

"Structure ridgeline" means the line along the top of an existing roof or top of a structure, including existing parapets, penthouses, or mechanical equipment screens.

"Substantial change" means the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(7) , as may be amended, which defines that term differently based on the particular wireless facility type (tower or base station) and location (in or outside the public right-of-way). For clarity, this definition organizes the FCC's criteria and thresholds for a substantial change according to the wireless facility type and location.

• A. For towers outside the public right-of-way, a substantial change occurs when:

  1. The proposed colocation or modification increases the overall height more than 10% or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or

2. The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

   3. The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

   4. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

• B. For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

  1. The proposed collocation or modification increases the overall height more than 10% or 10 feet (whichever is greater); or

  2. The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or

  3. The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or

  4. The proposed collocation or modification involves the installation of any new groundmounted equipment cabinets that are 10% larger in height or volume than any existing ground-mounted equipment cabinets; or

  5. The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

• C. In addition, for all towers and base stations wherever located, a substantial change occurs when:

  1. The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the Planning Director; or

2. The proposed collocation or modification violates a prior condition of approval; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.

The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012—the date that Congress passed Section 6409(a).

d deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012—the date that Congress passed Section 6409(a).

"Tower" means a mast, pole, monopole, lattice tower, or other structure erected on the ground or on a structure designed and primarily used to support antennas. A ground or building mounted mast greater than 15 feet tall and six inches in diameter supporting one or more antenna, dishes, arrays, etc., shall be considered a wireless communications tower.

"Wireless communication facility" means a facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area and other accessory development.

(Ord. 23-05, 12/19/2023)

The following wireless communication facilities are exempt from the standards of this chapter, but shall fully comply with other applicable requirements of the municipal code, including, but not limited to, adopted building, electrical, plumbing, mechanical, and fire codes:

• A. Antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, multi-channel multipoint distribution providers (MMDS), or television broadcast stations (TVBS), provided that all of the following conditions are met:

  1. The antenna measures 39 inches (one meter) or less in diameter within residential districts; or 78 inches (two meters) or less in diameter within commercial and industrial zoning districts;

  2. If the antenna is mounted on a mast, the mast must measure less than 12 feet in height;

  3. The antenna does not pose a threat to public safety, including, but not limited to, minimum separation from power lines, compliance with electrical and fire code requirements, and secure installation, as determined by the Building Official;

  4. The antenna is not located on a site or building with historical significance, as demonstrated by inclusion on any list of historical sites officially adopted by any local, State, or Federal governmental body;

  5. To the extent feasible, the antenna is installed in a location where it is not readily visible from the public right-of-way.

• B. Amateur radio antennas that do not exceed the maximum building height for the zoning district in which it is located by more than 25 feet. If an antenna is installed on the roof of the building, the height of the antenna shall be inclusive of the building height.

• C. Public communication facilities, including personal wireless services, used and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public use.

• D. Minor repair and regular maintenance of an existing wireless telecommunication facility that does not increase the number, height, size, or appearance of the antennas or ancillary related equipment as previously approved by the City.

• E. Any "co-location facility" that meets the requirements of California Government Code Section 65850.6 .

• (Ord. 23-05, 12/19/2023)

• A. A zoning compliance review or conditional use permit pursuant to Title 18 shall be required for all new or modified wireless communication facilities, unless otherwise noted in this chapter.

• B. Notwithstanding any provision of the Sand City Municipal Code to the contrary, provisions governing the installation of a public utility facility or accessory equipment shall not apply to wireless telecommunications facilities.

• (Ord. 23-05, 12/19/2023)

• A. New Wireless Communication Facilities. The following application materials are required for new wireless communication facilities:

  1. Plans. Complete and accurate plans, fully-dimensioned and drawn to scale, which include the following items.

     • a. A depiction of all existing and proposed utility runs and points of contact.

     • b. A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plan view.

     • c. Plan view and all elevations of a scaled depiction of the maximum permitted increase to towers, base stations and other support structures as authorized by Section 6409(a) of the 2012 Middle Class Tax Relief Act. The proposed project shall be used as the baseline for new facilities and the existing facility used as the baseline for modifications.

  2. Authorization. A statement from property owner authorizing application.

  3. Description of Services. A description of the services that the applicant proposes to offer or provide in conjunction with the proposed sites.

  4. Definition of Service Area. Definition of the service area needed for coverage or capacity of a wireless communication facility and service area maps and information showing that the proposed facility would provide the needed coverage or capacity.

  5. Visual Analysis. Photographs of facility equipment and an accurate visual impact analysis with photo simulations.

  6. Noise Analysis. Noise impact analysis information for the proposed wireless communication facility, including, but not limited to, equipment, such as air conditioning units and back-up

generators. A manufacturer's specification sheet may be provided in lieu of a noise impact analysis, if determined appropriate by the City Planner.

7. RF Emissions. Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC. The document shall include both the actual levels as they exist currently and the cumulative levels for the proposed facility and all other facilities in the vicinity.

8. Landscape Plan. Where applicable, the applicant shall submit a plan depicting existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction and a maintenance plan (including an irrigation plan).

9. Other Information. The applicant shall submit any other relevant information as required by the City Planner.

• B. Modifications to Existing Wireless Communication Facilities. The following application materials are required for modifications to all existing wireless communication facilities except Section 6409(a) Modifications:

  1. Plans. Complete and accurate plans, full-dimensioned and drawn to scale, which include the following items.

     • a. A depiction of all existing and proposed utility runs and points of contact.

     • b. A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plain view.

2. Prior Permits. True and correct copies of all previously obtained land use approvals, including all required conditions of approval.

   3. Noise Analysis. Noise impact analysis for the proposed wireless communication facility including, but not limited to, equipment, such as air conditioning units and back-up generators. A manufacturer's specification sheet may be provided in lieu of a noise impact analysis, if determined appropriate by the City Planner.

   4. RF Emissions. Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC. The document shall include both the actual levels as they exist currently and the cumulative levels for the proposed facility and all other facilities in the vicinity.

   5. Other Information. The applicant shall submit any other relevant information as required by the City Planner.

• (Ord. 23-05, 12/19/2023)

Except as expressly modified by this section, an application for a Section 6409(a) Modification shall be subject to the provisions of this chapter.

• A. Application Materials. Notwithstanding Section 18.100.060 (Application Requirements), the following application materials are required for Section 6409(a) Modifications:

  1. A site plan and elevation drawings for the facility as existing and as proposed with all height and width measurements explicitly stated. The plans must include plan views and all four elevations that depict the physical dimensions of the existing facility as it existed on February 22, 2012 or as approved if constructed after February 22, 2012.

  2. A description of all construction that will be performed in connection with the proposed modification, including, but not limited to, the location of any excavations or deployments.

  3. A written statement that explains in plain factual detail whether and how Section 6409(a) and applicable implementing regulations require approval of the proposed Section 6409(a) Modification. A complete written narrative analysis shall state the applicable standard and all facts that would allow the City to conclude the standard has been met. Bare conclusions without factual support shall not constitute a complete written analysis. As part of the written statement the applicant shall include: (a) whether and how the support structure qualifies as an existing tower or existing base station; and (b) whether and how the proposed Section 6409(a) modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment, or permit compliance.

  4. True, correct and complete copies of all permits and other regulatory approvals, including, without limitation, any conditions of approval, issued in connection with the tower or base station to be collocated on or modified.

• B. Review and Required Findings. Notwithstanding the provisions of Sections 18.100.050 (Permitting Procedure) and 18.100.080 (Development Standards and Regulations), the City Planner shall approve or deny a request for a Section 6409(a) Modification in accordance with this section and applicable federal law or regulations. The City Planner shall approve an application for a Section 6409(a) Modification if he or she makes the following findings:

  1. The proposed modification does not cause a substantial change in the existing tower or base station and otherwise fully qualifies as a Section 6409(a) Modification under applicable law;

  2. The existing tower or base station was permitted with all required regulatory approvals required at the time of construction; and

  3. The proposed modification does not violate any legally enforceable standard or permit condition reasonably related to public health and safety, including, but not limited to, building, structural, electrical, and safety codes.

A proposed modification to a wireless communication facility that does not qualify as a Section 6409(a) Modification shall be denied and will instead be subject to the requirements set forth in this chapter for the specific type of wireless communication facility proposed.

• C. Other. Nothing in this section prevents the City from imposing other lawful conditions on the approval of a Section 6409(a) Modification, including, but not limited to, conditions consistent with obligations imposed on the initial installation. Nothing in this section shall be construed to waive or limit the city's proprietary right to control the use of its real or personal property for telecommunications purposes.

• (Ord. 23-05, 12/19/2023)

• A. Residential Districts. Wireless communication facilities are prohibited on private property in all residential zoning districts except as indicated in Section 18.100.040 .

• B. Location Criteria. All wireless communication facilities shall be located so as to minimize their visibility. The following measures shall be implemented:

  1. No facility may be located within the front setback, along major street frontages where it will be readily visible or between the face of a building and a public street, bikeway or park, except for approved facade-mounted equipment or facilities located on existing structures;

  2. No towers shall be installed closer than one-half mile from any existing tower unless technologically required (technical evidence must be submitted to the City Planner showing a clear need for this facility, and the infeasibility of collocating it on an existing site), or visually preferable (i.e. fully-concealed facility that blends with the surrounding existing natural and artificial environment.

  3. Each facility shall be operated in such a manner so as to minimize any possible disruption caused by 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 8:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line. If the facility is located within 100 feet of a residential use, noise attenuation measures shall be included to reduce noise levels to a level of 50 dBA measured at the property line.

  4. All towers shall be set back at least 20% of the tower height from all property lines, and at least 100 feet from any public trail, park, or outdoor recreation area, unless it is a fullyconcealed facility that blends with the surrounding existing natural and artificial environment.

• C. Design Review Criteria. In addition to all other requirements set forth in this chapter, all wireless communication facilities shall meet the following design requirements:

  1. Minimizing Visual Impact. All wireless communication facilities shall incorporate appropriate techniques to camouflage, disguise and/or blend them into the surrounding environment. Wireless communication facilities shall be in scale and designed to blend with the existing natural or built surroundings and existing supporting structures. The City shall have the authority to require special design features for the wireless communication facilities in areas of particular sensitivity (e.g. proximity to historic or aesthetically significant structures, views and/or community features).

Based on potential aesthetic impact, the order of preference for facility type is: (a) collocation sites, when such siting minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors; (b) buildingmounted (facade or roof) facilities; (c) ground-mounted facilities; and (d) a new tower.

2. Paint and Finish Materials. Wireless communication facilities including the antennas and related equipment shall be constructed out of non-reflective materials, painted and/or textured to match the existing support structure and painted to blend with their surroundings.

3. Related Equipment. All equipment shelters or cabinets must be concealed from public view or made compatible with the architecture of surrounding structures or placed underground. Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, or other camouflage treatment to minimize visual impacts.

4. Lightning Arrestors and Beacon Lights. Lightning arrestors and beacon lights shall not be included in the design of facilities unless required by the FAA. Lightning arrestors and beacons shall be included when calculating the height of facilities such as towers.

5. Height. The maximum height of a wireless communication facility shall be equal to the height limit for the district in which it is located. An exception to the height limit may be approved based on a visual analysis demonstrating that views of the facility are minimized or are substantially screened, and on an engineering analysis justifying the height of the proposed facility and demonstrating that a lower height is not feasible.

6. Lighting. Wireless communication facilities shall not be artificially lighted, unless required by the FAA or other applicable authority and designed to ensure the least disturbance to the surrounding views.

   7. Satellite Dish/Parabolic Antennas—Ground-Mounted. Satellite dish or parabolic antennas that are ground-mounted shall be situated as close to the ground as possible to reduce visual impact without compromising their function. No such antenna shall be located in any front yard, nor in a corner side yard unless the antenna is screened from pedestrian-level view. No such antenna exceeding 39 inches in diameter shall be located within a required setback unless approved through a site development review application upon a showing that no reasonable alternative location is available.

   8. Roof Setbacks. Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator's service area. Roof-mounted antennas shall be designed to minimize their visibility and blend with the surroundings. Placing roof-mounted antennas in direct line with significant view corridors shall be avoided.

• (Ord. 23-05, 12/19/2023)

Any wireless communication facilities that are not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such facilities or the owner of the property upon which the facilities are located shall remove the same within 90 days of receipt of notice from the City Planner notifying the owners of the removal requirement. If such facilities are not removed within the 90 days, the City Planner may cause the antenna or tower to be removed at the expense of the owners of the facilities and the property. If there are two or more users of a single tower, the tower shall not be deemed abandoned and shall not be subject to these provisions until all users have abandoned the facility.

(Ord. 23-05, 12/19/2023)