Chapter 18.66 — Wireless Telecommunications Facilities

Sections

18.66.010 – Purpose and Applicability 18.66.020 – Definitions 18.66.030 – Exemptions from Discretionary Permits 18.66.040 – Permits Required 18.66.050 – Application Requirements 18.66.060 – Location Requirements 18.66.070 – Facility Design and Developmental Standards 18.66.080 – Modification Constituting a “Substantial Change” 18.66.090 – Operation and Maintenance Standards 18.66.100 – Discontinuance and Site Restoration

• A. Purpose . This Chapter establishes locational, developmental, and operational standards and permit requirements consistent with Federal law to: regulate the placement and design of wireless telecommunication facilities so as to preserve the unique visual character of the City, promote the aesthetic appearance of the City, and to ensure public safety and welfare; and to acknowledge and provide the community benefit associated with the provision of advanced wireless telecommunication services within the City.

• B. Applicability . The requirements of this Chapter shall apply to all wireless telecommunications facilities located within the City, except for the following:

  1. Telecommunications facilities placed in the public rights of way, which are governed by Chapter 12.65 (Telecommunications Facilities In Public Rights-of-Way).

  2. Handheld devices (i.e., cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers), and similar devices.

  3. A consumer-end antenna described in 47 C.F.R. § 1.4000, including but not limited to a satellite dish that is one meter (39 inches) or less in diameter or diagonal measurement located in a residential or mixed-use zone, subject to the following :

     • i. If mounted on a mast, the antenna is mounted no higher than needed to receive or transmit an acceptable quality signal and in no event higher than 12 feet above roofline; or

     • ii. Consumer-end antennas proposed for properties located on the Historic Resources Inventory or the California Register of Historic Resources shall apply to the Director for a Significant Property Alteration (SPA) permit for small projects.

  4. A satellite earth station (SES) antenna of two meters (78 inches) or less in diameter or diagonal measurement, located in a non-residential or mixed-use zone, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas shall require a Building Permit and approval of the placement by

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the Director to ensure safety, and to avoid tripping hazards and the creation of an attractive nuisance, shall be placed whenever possible, on the top of structures as far from the edge of rooftops towards the rear of the structure to minimize the view from the public rights-ofway.

5. Wireless telecommunication facilities and/or components of these facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g., City 911 emergency services, police, and/or fire department, first responder medical services, hospitals, etc.), are exempt from the provisions of this Chapter.

The following definitions shall apply to this Chapter.

Antennas . An apparatus designed for the purpose of emitting or receiving radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission (Commission or FCC) authorization, for the transmission or reception of writing, signs, signals, data, images, pictures, and sounds of all kinds. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Subpart G, as may be amended.

Base Station . The term “base station” shall have the same meaning as in 47 C.F.R. Section 1.6100, as may be amended.

Co-location or Co-Located Facility . The mounting or installation of transmission equipment on an existing wireless tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

Concealed Facility. A wireless telecommunications facility that is integrated as an architectural feature of an existing supporting structure or any new wireless telecommunications facility that is camouflaged or concealed so that the presence of the facility is either: (1) virtually imperceptible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure; or (2) camouflaged so as to blend in with its surroundings to such an extent that, to a casual observer, it does not appear to be a wireless telecommunications facility. To qualify as a concealed facility, the facility in question must match the character of its surroundings and the type of item that it is mimicking in size, scale, shape, dimensions, color, materials, function, and other attributes as closely as possible. The elements that make a facility a concealed facility are concealment elements.

Concealment Element. Any design feature, including but not limited to painting, landscaping, shielding requirements and restrictions on location, proportions, or physical dimensions in relation to the surrounding area or supporting structures that are intended to and do make a wireless telecommunications facility or its supporting structure less visible or obtrusive to the casual observer.

Consumer-end antennas. Antennas which are either: subject to the Federal Communications Commission (FCC) Over-the-Air-Receiving Devices Rule (47 C.F.R. § 1.4000) placed at an end user’s premises used solely for the purpose of the provision of services to that end user; or solely for amateur radio communications.

DAS . Distributed Antenna System

.

Dish Antenna . Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.

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Eligible Facilities Request . As defined in 47 C.F.R. § 1.6100(b)(3), as may be amended. FCC . Federal Communications Commission, or the Federal successor agency, responsible for regulating telecommunications in the United States.

Monopole. A single unguyed pole-structure erected on the ground (e.g., bare ground, concrete slab or footing), to support one or more wireless telecommunication antennas and connecting appurtenances.)

Radiofrequency (RF) Radiation. Radiation from the portion of the electromagnetic spectrum with frequencies between 3 kilohertz (3 kHz) and 300 gigahertz (GHz), including microwaves, television VHF and UHF signals, radio signals, and low to ultra-low frequencies.

Radome . A dome or other structure protecting radar equipment.

Repeater . Small receiver/relay transmitter of relatively low power output designed to provide service to areas that are not able to receive adequate coverage directly from a base or primary station. “Repeater” as used in this ordinance does not include Wi-Fi range extenders and boosters intended for in-home use.

Slimline Monopole. A monopole with a maximum allowable height of 75 feet, including the antenna, that uses antennas shielded by a radome projecting less than three feet from the center of the pole.

Stealth Technology/Techniques. Camouflaging methods applied to wireless telecommunication towers, antennas and/or other facilities, which result in the facilities appearing to be something else (for example, a clock tower).

Substantial Change . A modification to an eligible support structure meeting the criteria of 47 C.F.R. § 1.6100(b)(7), as may be amended.

Transmission Equipment. Equipment that facilitates transmission of any FCC-licensed or authorized wireless service, as described in more detail in 47 C.F.R. § 1.6100(b)(8), as may be amended.

Visual Impact. An adverse effect on the visual and/or aesthetic environment. This may derive from blocking of a view, or introduction of elements that are incompatible with the scale, texture, form or color of the existing natural or human-made landscape, including the existing character surrounding the proposed wireless telecommunication facility site.

Wireless Telecommunication (or Telecommunications) Facility. A facility at a fixed location, including all associated equipment, which supports the FCC-licensed transmission and/or receipt of electromagnetic/radio signals. Wireless telecommunication facilities include cellular radiotelephone service facilities, personal communications service facilities (including wireless Internet), specialized mobile radio service facilities, and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of signals, telecommunication towers or similar structures supporting the equipment, equipment structures, parking area, and other accessory development.

radio service facilities, and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of signals, telecommunication towers or similar structures supporting the equipment, equipment structures, parking area, and other accessory development.

Wireless Telecommunication Tower (Cell Tower/Tower). Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities. It includes, but is not limited to, masts, poles, monopoles, guyed towers, lattice towers, and freestanding towers.

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The following wireless telecommunication facilities are exempt from the discretionary permit requirements of this Chapter. However, each wireless telecommunication facility shall comply with all applicable requirements of State and Federal law, the remaining requirements of this Chapter, and the issuance of a nondiscretionary Zoning Clearance.

• A. Replacement or modification of a previously allowed facility or equipment, or collocation of new transmission equipment, that does not substantially change the physical dimensions of the existing facility or equipment and qualifies as an “eligible facilities request” under 47 CFR § 1.6100, as may be amended.

• B. Temporary mobile wireless facilities intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster requires additional service capabilities. Temporary wireless telecommunications facilities include, without limitation, cells on wheels (COW), sites on wheels (SOW), cells on light trucks (COLTs), or other similar wireless telecommunications facilities: (1) that will be in place for less than two weeks in duration (or such other longer time as the City may allow in light of the event or emergency); (2) for which any required notice is provided to the FAA; (3) that do not require marking or lighting under FAA regulations; (4) that will be less than 100 feet in height; and (5) that will either involve no excavation or involve excavation only as required to safely anchor the facility, where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet. Applicants may seek an extension for any such installation, which extension shall be subject to the discretion of the Director, based upon a review of the ongoing need for the temporary facility, as well as any relevant impact assessments, and provided that any such extension requests are accompanied by detailed justification and other documentation deemed necessary by the Director.

• C. Any modification or maintenance activities carried out as part of the routine operation of wireless telecommunication facilities that do not result in substantial change.

• D. Any other facilities that are exempt from City approval by State or Federal statute.

No wireless telecommunication facility except those designated in Section 18.66.030 (Exemptions from Discretionary Permits) shall be installed, erected, or modified in the City without the approval of either a Conditional Use Permit or Minor Use Permit, in addition to a Zoning Clearance, in compliance with the list of allowable land uses specified in Article 2 (Zones, Allowable Uses, and Development Standards) and the following.

• A. Conditional Use Permit. Conditional Use Permit approval is required for all new wireless telecommunication facilities and wireless telecommunication towers that exceed 70 feet in height, or do not meet the definition of slimline monopole subject to this Chapter.

• B. Minor Use Permit. Minor Use Permit approval is required for the extension of an existing wireless telecommunication facility and if the existing wireless telecommunications tower will be 70 feet or less feet in height and meets the definition of slimline monopole. A Minor Use Permit is also required for a Concealed Facility of any height.

• C. Conditions . In approving a Conditional Use Permit or Minor Use Permit, the appropriate Review Authority may impose conditions as it deems reasonable, necessary, and appropriate to further the purposes of this Chapter, including, but not limited to, redesign or relocation of the proposed facility and resubmittal of a revised proposal for further consideration.

• D. Zoning Clearance. A nondiscretionary Zoning Clearance is required for co-location of new transmission equipment on an existing permitted wireless telecommunication tower or facility,

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where the co-location does not substantially change the physical dimensions of the existing facility or equipment and qualifies as an “eligible facilities request” under 47 CFR § 1.6100, as may be amended. Multiple service providers may submit one application for all intended co-located facilities. Prior to the issuance of a Zoning Clearance all the following requirements shall be met for the proposed facility. The wireless telecommunications facility:

1. Shall be consistent with current zoning regulations; and

2. Was previously granted discretionary review approval.

• A. Requirements . In addition to the information required for a Conditional Use Permit, Minor Use Permit, or Zoning Clearance application in Article 6 (Permit Processing Procedures) the application for a wireless telecommunication facility subject to discretionary permitting shall also include all the following:

  1. Boundary Map. A map with locations and boundaries of the coverage areas and a search ring analysis for all of the applicant’s tower sites existing, approved but not yet constructed, applicant submitted but not yet approved, and planned future sites. The Boundary Map shall also include all of the following:

     • a. Indicate any existing communication towers located within a four-mile radius of the proposed site(s), the operators of each tower, the tower heights, and attempts to colocate.

     • b. Identify any airport facility located within a four-mile radius of the proposed site(s).

  2. Site Specific Map. The applicant shall submit a detailed map for each proposed site coverage area including all the following:

     • a. Identify all structures, roads, highways, and residences; and

     • b. Identify all feasible locations for comparable facilities within each coverage area.

  3. Service Map Required. The applicant shall provide a vicinity map of the geographic service area for the proposed facility, including the service area of the applicant’s existing sites in the local service network. The documentation shall provide a detailed description of the coverage or capacity demand that the facility is intended to address.

  4. Parcel Specific Information. The applicant shall provide copies of any land use easements or lease restrictions which would prohibit co-location (on existing wireless telecommunication facilities) or share locations (next to an existing wireless telecommunication facilities) by other service providers.

  5. Explanation of Technology. The applicant shall provide a detailed explanation of the type of technology to be used and types of services to be provided by each wireless telecommunication facility site/installation.

  6. Health Certification. The applicant shall supply detailed information regarding general and occupation radio frequency exposure and mitigation measures acceptable to the Director for the proposed facility; shall certify compliance with applicable FCC standards for radio frequency radiation; and shall comply at all times with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency

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radiation.

7. Co-Location. All new towers shall allow for co-location of public safety transmission equipment when deemed feasible by the Director. Such co-location shall be considered feasible if there is a mutual agreement between the tower owner and the public safety entity, ensuring that technical compatibility, structural capacity, and the potential for interference with existing services have been addressed to the satisfaction of each party.

B. Information required Before Issuance of Building Permits. The applicant shall provide the City with all the following items before the issuance of a Building Permit:

1. An acceptable type of financial security (i.e., a letter of credit), to ensure that the approved facility is properly maintained and to guarantee that the facility is dismantled and removed if non-operative or abandoned for a minimum 30-day period or upon expiration of the permit from the City, whichever first occurs; and

2. A proposed wireless telecommunication tower lighting plan.

• A. Tower Placement in Commercial Zones. Wireless telecommunication towers located within a Commercial zone shall be separated by a minimum distance of 200 feet from any other wireless telecommunication towers, and there shall be no more than two towers on a single parcel, unless the towers are located on a publicly owned parcel.

• B. Facility Placement Near Residential and Mixed-Use Structures. In all zones, wireless communications facilities shall be separated by a minimum distance of 300 feet of any residential or mixed-use structure or any other existing wireless communications facility except as follows.

  1. When located on any existing nonresidential structure or on any existing utility pole, provided the location complies with all the following:

     • a. The co-location is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable State or Federal regulations.

     • b. Existing wireless communications facilities to be used for co-location shall have been previously approved for a Conditional Use Permit or a Minor Use Permit, including modification of an existing Conditional Use Permit or Minor Use Permit. Legal nonconforming facilities do not qualify for co-location.

     • c. All new accessory equipment and enclosures are located underground or screened from public view as approved by the Director.

     • d. Unless shown in the submitted application documentation to the satisfaction of the Director to not be technically feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage or service objective described in the project application.

  2. The proposed wireless telecommunication facility will replace or modify an existing wireless telecommunication facility for purposes of co-location, or qualifies as an Eligible Facilities Request.

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All wireless telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards:

A. Height and Separation Requirements.

1. The height of a wireless telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower or to the point of the highest piece of equipment attached to the tower.

2. Wireless telecommunications facilities and related equipment shall be safely erected and maintained at a height which does not exceed the surrounding conditions, improvements, and circumstances.

3. Wireless telecommunications facilities shall maintain at least one foot of separation to residential uses (located on or off-site) for each one foot of tower height.

• B. Colors and Materials. All antennas, poles, towers, or related equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna's background color.

• C. Concealment Elements and Stealth Features. Wireless telecommunications facilities shall incorporate concealment elements and stealth features to blend the tower and other elements of the wireless telecommunications facility into its natural surroundings to the maximum extent possible. This is typically achieved through camouflaging the tower to look like trees or other similar natural-looking features in the vicinity, but for building façades or rooftops, could include design elements appropriate in size, proportion and design to the building itself. After installation, concealment elements may be modified and/or enlarged if they do not result in a different degree of concealment. After installation, stealth features may not be modified if the modifications would defeat the stealth effect.

• D. Equipment Cabinets. A wireless telecommunication facility shall not exceed four equipment cabinets.

• E. Screening, Landscaping. All ground mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation. Ground mounted facilities shall be screened with structures or located underground or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the Review Authority. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.

tation. Ground mounted facilities shall be screened with structures or located underground or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the Review Authority. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.

• F. Additional Screening and Landscaping. As part of project review and the imposition of conditions of approval, the Review Authority may require additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to the public rights-of-way.

• G. Lighting . If required by the City or State or Federal regulations, wireless telecommunication towers shall be lighted, with lighting hooded/shielded and directed downward and away from adjoining properties and the public rights-of-way. No blinking or flashing lights shall be allowed unless required by State or Federal regulations. Lighting may be permitted where part of an appropriate stealth design.

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• H. Power . The provision of power to and within a communication facility site shall be installed underground, unless, in the determination of the Review Authority, conditions on the site render undergrounding infeasible.

• I. Backup Power Supply. Any backup power supply (i.e., generator) and associated fuel storage tanks to support the backup power supply shall be enclosed within a structure and screened to the satisfaction of the Director.

• J. Signs . No advertising signs or logos other than a maximum three-square foot nameplate shall be allowed on a tower and related facilities, and no other signage shall be permitted except as part of an approved stealth or concealment design, or as required by federal or state law.

• K. HRI Properties . If a proposed facility would be located on, or within 200 feet of, a property listed on the City’s Historic Resource Inventory, then a Significant Property Alteration Permit shall be required.

• A. Contact and Site Information. The owner or operator of any wireless facility shall submit and maintain current at all times basic contact and site information. The owner or operator 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. At a minimum this information shall include all the following:

  1. Name, address, telephone numbers and legal status of the owner of the facility, including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;

  2. Name, address, and telephone numbers (land line(s) and mobile) of a local contact person for emergencies;

  3. Type of service provided; and

  4. Identification signs, including emergency phone numbers (land line(s) and mobile) of the utility provider, shall be posted at all communication facility sites.

• B. Facility Maintenance. All wireless telecommunication facilities and related equipment, including lighting, fencing, screening, shields, cabinets, yards, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. Coloration, stealth elements and other elements designed to conceal the facility shall be maintained and replaced as necessary to serve the purposes for which the conditions were established.

• C. Landscaping Maintenance. All trees, foliage, and other landscaping elements on a wireless telecommunication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall require approval by the Director. The Review Authority may also require a landscape maintenance agreement.

• D. Noise . Each wireless telecommunication facility shall be operated to minimize the generation of noise that is audible from off the site. Backup generators shall only be operated during periods of power outages and shall not be tested on weekends or holidays. At no time shall equipment noise from any source exceed the noise standards in Chapter 9.10 of the SCCC (Regulation of Noise and Vibration).

• E. Exterior Lighting. Any exterior lighting shall be manually operated and used only during night

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maintenance or emergencies, unless otherwise required by applicable Federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated, and offsite glare is fully controlled. Light fixtures shall be low wattage, hooded, and directed downward and away from adjoining properties.

• F. Site Inspection Required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this Section.

• A. All equipment exclusively associated with the wireless telecommunication facility shall be removed from the site within 30 days of the discontinuance of the use and the site shall be restored to its original preconstruction condition or better, subject to the approval of the Director.

• B. The service provider shall provide the City with a notice of intent to vacate a site a minimum of 30 days before site vacation.

• C. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property.

• D. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment.”

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