Chapter 20.450 — WIRELESS COMMUNICATIONS FACILITIES (WCFs)

This Chapter provides standards and guidelines consistent with Federal law to regulate the placement and design of wireless communication facilities (WCFs) so as to promote the aesthetic appearance of the City; ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly-owned properties where feasible for the development of WCFs; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the City. (Ord. 1017, 2013)

• A. Regulated WCFs.

  1. All WCFs that are erected, located, or modified in any zone, where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone-Specific Standards) shall comply with this Chapter.

  2. Failure to comply with the design, location, installation, placement, removal, and other requirements and provisions of this Chapter shall be and is declared to be a public nuisance in compliance with Municipal Code Article 1 (Public Nuisance).

• B. Exempt WCFs.

  1. State/Federal law pre-emption. Any WCF shall be exempt from this Chapter to the extent, and only to the extent, that the regulations are preempted by State or Federal law.

  2. Satellite dish antenna. Satellite dish antenna that are in compliance with Section 20.400.330 (Satellite Dish Antennas).

  3. Amateur radio antenna. The following shall be exempt from this Chapter at all times:

     • a. Any antenna structure that is designed to receive over-the-air UHF and/or VHF television broadcast transmission; and

  • b. Any antenna structure that is designed to receive over-the-air AM and/or FM radio broadcast transmission; and

  • c. Any antenna structure used by authorized amateur radio stations licensed by the Federal Communications Commission (FCC) so long as no portion of the antenna structure exceeds 45 feet in height in the CG, BP, and IL zones or 35 feet in height in all other zones.

4. WCFs located in the public right-of-way, which are regulated by Chapter 20.455 of the Code.

(Ord. 1017, 2013; Ord. 1093 § 2, 2019)

• A. Required permits. The applicant shall obtain all permits before the installation of any WCF, in compliance with the requirements of the Municipal Code, this Chapter, and all applicable laws, regulations, and Building Codes of other governmental agencies having jurisdiction over the cell site or WCF, or both.

  1. Minor facilities. A minor WCF, as defined in Article 7 (Definitions), shall require approval of the following:

     • a. If in a nonresidential zone, a Minor Site Plan and Design Review in compliance with Chapter 20.530 (Site Plan and Design Review); and

     • b. If in a residential zone, a Conditional Use Permit in compliance with Chapter 20.550 (Use Permits - Minor, Provisional, and Conditional).

  2. Major facilities. A major WCF, as defined in Article 7 (Definitions), shall require approval of the following:

     • a. A Major Site Plan and Design Review in compliance with Chapter 20.530 (Site Plan and Design Review); and

     • b. A Conditional Use Permit in compliance with Chapter 20.550 (Use Permits - Minor, Provisional, and Conditional).

  3. Exceptions. The approvals provided for in subparts (1) and (2) of subdivision (A) of this section shall not apply to existing facility modifications that do not substantially change the physical dimensions of the WCF, as provided for in subdivision (F), below.

• B. Submittal requirements. In addition to the submittal requirements for a Site Plan and Design Review or a Conditional Use Permit, the following shall also be submitted:

  1. Lease agreement. The applicant shall provide evidence to the City that a lease agreement, license for use, or similar document has been negotiated with the property owner(s) of the cell site that authorizes the use of the applicant's WCF on the cell site, and that requires the applicant to remove, at the applicant's sole cost and expense, the applicant's WCF upon termination for any reason, or default by the applicant, of the lease agreement, license for use, or similar document. All lease agreements shall indicate that no exclusive agreements have been made to prevent future carriers to locate on the same site or facility.

  2. Good-faith effort. All applicants for a WCF shall demonstrate a good-faith effort to co-locate with other carriers, owners, or operators of an existing WCF. The City may deny a WCF application to an applicant who has not demonstrated a good faith effort to co-locate on an existing WCF. Good-faith effort includes demonstration by the applicant of all of the following:

     • a. Contact with all other licensed carriers, owners, or operators that have a WCF in the area of coverage;

     • b. Sharing non-proprietary technical information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. Good-faith effort does not require the disclosure of proprietary information by an applicant;

• c. In the event that co-location is found to be infeasible, the applicant shall demonstrate that a proposed WCF cannot be placed on an existing structure or ground-mounted facility. The review authority may require an independent, third-party review, at the applicant's sole cost and expense, in order to identify alternatives for a new WCF; and

  - d. In the case of co-locations, architectural and other camouflaging treatments shall be coordinated between all users on the cell site. 
  

• C. Lease of City property. Any lease of City property for the purpose of erecting a WCF shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve the applicant of any obligations to obtain appropriate permits as required by this Chapter.

• D. Numerical limits. Except as provided for in subsection F., below, the City shall have and shall retain the authority to limit the number of WCFs to be located at any one site or adjacent sites in order to prevent the negative visual impact associated with multiple WCFs.

• E. Condition - Changed circumstance. Except as provided for in subsection F., below, a Conditional Use Permit granted or approved in compliance with this Chapter shall be granted or approved with a reservation of the City's right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. For the purposes of this Section, changed circumstances include the following:

  1. Increased height or size of the facility;

  2. Additional impairment of the view-shed from surrounding properties;

  3. Change in the type of antenna or supporting structure;

  4. Changed color or materials;

  5. Substantial change in location on the site; and

  6. An effective increase in signal output above or near the maximum permissible exposure (MPE) limits imposed by the revised radio frequency emissions guidelines by the Federal Communications Commission (FCC).

• F. Existing facility modifications that do not substantially change the physical dimensions of the facility.

  1. Any request for a modification of an existing WCF or base station shall be approved within ninety (90) days of submission of a complete application, so long as the modification does not substantially change the physical dimensions of the existing WCF.

  2. "Modification of an existing WCF" means a modification of an existing WCF that involves:

     • a. Collocation of new transmission equipment;

     • b. Removal of transmission equipment;

     • c. Replacement of transmission equipment.

  3. "Substantially change the physical dimensions" means any of the following, and refers to a single change, or a series of changes over time (whether made by the same or different entities) viewed against the initial approval for the tower or base station that individually or cumulatively have any of the effects described below:

• a. Changing any physical dimension of the wireless tower or base station in a manner that creates a safety hazard, whether from wind loading, stress on the wireless tower, or in any other manner.

  - b. Changing the physical dimension of a wireless tower where the changes would be inconsistent with the design of the wireless tower, or make the wireless towers more visible. 
  
  - c. Changing the physical dimensions would require work that would intrude upon the public right-ofway, or any environmentally sensitive area. 
  
  - d. Increasing by more than 10% any of the following: the height or width in any direction of the wireless tower, or the area required for structures required to support the wireless tower, such as guy wires as approved and constructed through the discretionary permit process; provided that in no event shall the height exceed the maximum height permitted under the city's regulations. 
  
  - e. Increasing by more than 10% any of: the height or area encompassed within any structure or object enclosing the wireless tower, such as a fence or line of bushes. 
  
  - f. Increasing any of an existing antenna array's depth, circumference or horizontal radius from the wireless tower in any direction by more than 10%. 
  
  - g. Adding more than two antenna arrays to an existing wireless tower, or adding antenna arrays that, if the array were an existing array, would be of such depth, circumference or radius as to fall outside of subsection (F)(3)(f) unless such arrays were approved pursuant to Government Code Section **65850.6** . 
  
  - h. The mounting of the new or replacement transmission equipment would involve installing new equipment cabinet(s) not permitted under the initial approval and that will not fit within the existing enclosure for the wireless tower or base station or would require installation of a new cabinet or enclosure, excluding new equipment and cabinets that will be installed underground. 
  

• G. Required findings for WCF approval. No WCF shall be approved or approved with conditions, unless the review authority first makes all of the following findings in addition to those findings specified in Chapter 20.550 (Use Permits - Minor and Conditional):

  1. Co-location or alternative. The applicant has located the antenna on an approved co-location facility, or has demonstrated to the City, in compliance with this Chapter, a good-faith effort to locate the antenna on an approved co-location facility, but has demonstrated that co-location is not technically feasible due to coverage needs, potential interference, or other technical reasons supported by substantial evidence;

  2. No conflict with existing use. There is adequate space on the property for the WCF so that it does not conflict with the use of existing structures on the property, does not reduce required parking, and does not conflict with or reduce landscaping setbacks or development standards;

  3. No conflict with surrounding environment. The design and placement of the WCF does not adversely impact the use of the property, other structures located on the property, or the surrounding area or neighborhood;

4. Compliance with section. The proposed WCF is consistent with the intent and purpose specified in this Chapter and complies with the specified design standards and guidelines; and

   5. Least possible visual impact. The applicant has demonstrated that the WCF will have the least possible visual impact on the environment taking into account economic, engineering, technical, and other relevant factors.

• H. Post-decision procedures.

  1. No later than 30 days following obtaining the permit required for the applicable zone, the applicant shall deliver to the Director (if not previously delivered) an executed copy of the lease agreement, license for use, or similar document, in a form that is the same as or substantially similar to that which was provided to City as evidence, in compliance with Subparagraph B.2, above, of the applicant's ability to use the cell site for applicant's WCF.

  2. In the event that the applicant does not deliver an executed copy of the lease agreement, license for use, or similar document within 30 days following obtaining the permit required, the Director shall deliver a notice to the applicant that the City has not received a copy of the executed lease agreement, license for use, or similar document, and the applicant shall have an additional 30 days following delivery of the notice to deliver to the Director the executed document.

  3. The applicant may redact, before delivery to the Director of the executed lease agreement, license for use, or similar documents, any proprietary or other information in the document except for the following:

     • a. The parties to the lease, license, or similar document;

     • b. The term of the lease, license, or other right to use (and any options or extensions thereto); and

     • c. The provisions regarding the obligation of the applicant to remove, at the applicant's sole cost and expense, the applicant's WCF upon termination for any reason, or default by the applicant, of the lease, license, or similar document.

  4. The redaction of any information in the lease agreement, license for use, or similar document after the document is in the custody and control of the City shall be in compliance with applicable law.

• I. Modification of permit/collocation. Any changed circumstance as determined by the Director in compliance with Subsection E (Changed Circumstance), above, shall require the application and approval of a modification to the original plan of development or Conditional Use Permit, provided that any modification to accommodate co-located WCFs may be approved administratively.

• (Ord. 1017, 2013)

To minimize WCF proliferation and visual impacts throughout the City, all of the standards in this Section shall apply to WCFs.

• A. Preferred location. The location of the proposed WCF should conform to the following in order of preference (the first item being the most preferred):

  1. Co-located with an existing WCF or located at a previously approved location;

  2. Attached to an existing structure's rooftop;

  3. Mounted with a non-communications facility (e.g., flagpole, light standard, steeple, utility pole or tower, etc.);

  4. Mounted on a new stealth antenna structure that is either structure-mounted or ground-mounted.

• B. Site requirements. WCFs shall be located within a defined lease area on the proposed site that does not conflict with the use of existing structures on the property, does not reduce required parking, and does not conflict with or reduce landscaping, setbacks, or development standards.

• C. Stealth design.

  1. All WCFs shall be stealth designed to the greatest extent feasible, considering technological requirements, by means of architectural compatibility, camouflage, color choice, placement, screening, and other site characteristics.

  2. The applicant shall use the smallest and least visible antennas possible to accomplish the carrier's, owners, or operator's coverage objectives.

• D. Maintenance.

  1. The facility shall be installed and maintained at all times in compliance with the Building Code, Electrical Code, and other applicable codes, including noise regulations in Section 20.300.070 (Noise).

  2. The site of a WCF shall be constantly maintained to be free of debris, refuse, and trash.

  3. Graffiti on a WCF shall be removed within 72 hours of discovery or notification from the City to the applicant.

• E. Signs. The WCF shall not display any signs or advertising devices other than certification, warning, maintenance contact information, or other signs required by governmental agencies having jurisdiction over the cell site or WCF, or both.

• F. Accessory support equipment. Accessory equipment or other equipment associated with the operation of the WCF (e.g., transmission cables) shall be located within a structure, enclosure, screened rooftop area, or underground vault that complies with the development standards of the zone in which the equipment is located. Equipment located above-ground shall be visually compatible with the surrounding structures and either screened from view by landscaping or designed to match the architecture of adjacent structures. If no recent and/or reasonable architectural theme is present, the Director may require a particular design that is deemed by the Director to be suitable to the subject location.

• G. Colors and materials. The WCF exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors.

• H. Illumination. Ground and structure-mounted antennas and WCF support facilities shall not be illuminated, unless specifically required by the Federal Aviation Administration (FAA) or other governmental agencies having jurisdiction over the cell site or WCF, or both.

• I. Screening. Screening of a wall-mounted or roof-mounted WCF shall be compatible with the architecture, color, texture, and materials of the structure to which it is mounted. Ground-mounted WCFs shall be screened or camouflaged by existing or proposed new topography, vegetation, or structures to the greatest extent possible.

• J. Landscaping. Landscaping shall be compatible with surrounding landscaping and shall be of a type and variety capable of screening all or a portion of the WCF as determined by the Director.

• K. Height measurement. The maximum height of a WCF shall be measured from the ground to the tallest portion of the WCF.

• L. Primary use. Each WCF shall be considered a primary use.

• M. Setbacks. All portions of any antenna structure shall be maintained at least five feet from any side lot line and 10 feet from any rear lot line.

• N. Size. The total size of the proposed WCF shall be compatible and complementary with surrounding and supporting structures.

• O. Radio frequency emissions. WCFs shall comply with Federal requirements relating to radio frequency emissions and maximum exposure limits provided in Title 47 of the Code of Federal Regulations, Sections 1.1307, 1.1310 and 2.1093. Unless and until Federal regulations or orders provide otherwise, the operator of a WCF shall provide physical proof of compliance with 47 CFR 1.1307 , 1.1310 and 2.1093 to the extent applicable within 30 days of initial operation of a WCF and again upon the annual anniversary of the WCF's application approval date.

• (Ord. 1017, 2013)

This Section provides requirements for minor WCFs that are in addition to the requirements of Section 20.450.030 (Application, Filing, Processing, and Review) and Section 20.450.040 (Standards for All WCFs).

Height requirements. No minor WCF shall exceed the maximum building height for the applicable zone, as indicated in Article 2 (Zones, Allowed Uses, and Zone-Specific Standards). (Ord. 1017, 2013)

This Section provides requirements for major WCFs that are in addition to the requirements of Section 20.450.030 (Application, Filing, Processing, and Review) and Section 20.450.040 (Standards for All WCFs).

• A. Location requirements.

  1. A major WCF shall not be located within 200 feet of a lot line for any residentially-zoned property. This provision shall not apply to any satellite antenna or any antenna structure used by authorized amateur radio stations licensed by the Federal Communications Commission.

  2. Lattice towers are only allowed within the IG and BP zones; provided, however, that they shall not be located within 50 feet of any residentially-zoned property.

  3. A ground-mounted WCF shall be located in the rear setback area or side setback area of a lot; provided that no part of a ground-mounted WCF shall be located in a side setback area that abuts any public right-of-way.

  4. No portion or extension of a major WCF, including without limitation any guy wires, shall protrude beyond lot lines or extend into any portion of a lot where the WCF is not itself allowed.

  5. For the purpose of this Section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major WCF to the relevant lot line.

• B. Design requirements.

  1. A ground-mounted WCF shall be secured from access by the general public with a fence of a type and design approved by the review authority.

  2. A ground-mounted WCF shall not be located in a required parking area, vehicle maneuvering area, or vehicle pedestrian circulation area so that it interferes with, or in any way impairs, the utility or intended function of the area.

• C. Height requirements. Notwithstanding any other provision in this Zoning Code, no major WCF shall exceed 60 feet in height. Further, no major WCF may exceed the maximum building height for the applicable zone unless the review authority finds the following:

  1. The project will have a lesser impact on the aesthetics and welfare of the surrounding community as compared to alternative options, including additional and/or different locations and designs; and

  2. The additional height above the maximum building height for the applicable zone is reasonably necessary for co-location of facilities or for the efficient operation of the proposed WCF; and

  3. The negative impacts of the proposed WCF are properly mitigated.

• D. Screening and location guidelines.

  1. A major WCF should be located at least 500 feet from the nearest existing, legally established major WCF (except in the event that the WCF is collocated).

  2. A ground-mounted WCF should be located in close proximity to existing above-ground utilities (e.g., electrical tower or utility poles (not scheduled for removal or undergrounding in the next 18 months), light poles, trees of comparable height, water tanks, etc.) where the WCF will not detract from the City's image or appearance.

3. A ground-mounted WCF should be covered with a clear anti-graffiti material of a type approved by the Director.

   4. A roof-mounted WCF that extends above the existing parapet of the structure on which it is mounted should be screened by a material and in a manner that is compatible with the existing design and architecture of the structure.

   5. A roof-mounted WCF, and any guy wires, supporting structures, and accessory equipment, should be located and designed to minimize the visual impact as viewed from surrounding properties and public streets.

• (Ord. 1017, 2013)