§ 10.25

The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development of telecommunication facilities and installation of antennas. This chapter may be referred to as the Telecommunications Ordinance. The regulations contained in this chapter are designed to protect and promote public health, safety, community welfare and the aesthetic quality of the City as set forth within the goals, objectives and policies of the City's Urban Management Plan/General Plan (hereinafter

"UMP"); while at the same time not unduly restricting the development of needed telecommunications facilities and important amateur radio installations and encouraging managed development of telecommunications infrastructure to ensure the City's role in the evolution of technology. It is also the stated intent of this chapter to provide a public forum to ensure a balance between public concerns and private interest in establishing telecommunication and related facilities.

It is furthermore intended that to all extents permitted by law, the City shall apply these regulations to accomplish the following:

(a)

Protect the visual character of the City from the potential adverse effects of telecommunication facility development and minor antenna installation;

(b)

Ensure against the creation of visual blight within the City;

(c)

Retain local responsibility for and control over the use of public rights-of-way to protect citizens and enhance the quality of their lives;

(d)

Ensure that a competitive and broad range of telecommunications services and high quality telecommunications infrastructure are provided to serve the community;

(e)

Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protect the legitimate interests of Tracy citizens.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

For the purpose of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section:

"Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a centrally 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. Antennas shall include cellular on wheels (COW), cellular on light trucks (COLT), and mobile enhancer on wheels (MEOW) facilities; as well as dispatch carriers for Specialized Mobile Radio (SMR) services and Enhanced SMR (ESMR).

(1)

"Building-mounted antenna" means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast less than ten (10') feet tall and six (6') inches in diameter, or structure other than a telecommunication tower.

(2)

"Directional antenna" (also known as a "panel" antenna) transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.

(3)

"Ground-mounted antenna" means any antenna with its base, single or multiple posts, placed directly on the ground or a mast less than ten (10') feet tall and six (6') inches in diameter.

(4)

"Omni-directional antenna" transmits and/or receives radio frequency signals in a 360-degree radial pattern. For the purpose of this chapter, an omnidirectional antenna is up to fifteen (15') feet in height and up to four (4') inches in diameter.

(5)

"Parabolic antenna" (also known as satellite dish antenna) means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

(6)

"Portable antenna" means any device used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.

(7)

"Vertical antenna" means a vertical-type antenna without horizontal cross-sections greater than one-half inch in diameter.

Co-location. See telecommunication facility, co-located.

"Commercial use" means a use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over a period of time.

"Direct broadcast satellite service" (DBS) is a system in which signals are transmitted directly from a satellite to a small (not exceeding eighteen (18') inches home receiving dish. DBS competes with cable television.

"Equipment building, shelter or cabinet" means a cabinet or building used to house equipment used by telecommunication providers to house equipment at a facility.

"Inhabited area" means any residence, any other structure regularly occupied by people, or any outdoor area used by people on a regular basis.

"Lattice tower" means a self-supporting support structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment.

"Monopole" is a wireless communication facility which consists of a monopolar structure, erected on the ground to support wireless communication antennas and connecting appurtenances.

"NIER" means non-ionizing electromagnetic radiation (i.e., electromagnetic radiation primarily in the visible, infrared, and radio frequency portions of the electromagnetic spectrum).

"Public use or facility" means a use operated or used by a public agency or public utility in connection with any of the following services: water, wastewater management, storm drainage, public education, parks and recreation, fire and police protection, solid waste management, transportation or utilities.

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

"Quasi-public use" means a use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.

"Readily visible" means an object that stands out as a prominent feature when viewed with the naked eye from a public right-of-way or residentially zoned property.

"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.

"Satellite earth station" means a telecommunication facility, consisting of more than a single satellite dish smaller than ten (10') feet in diameter that transmits to and/or receives signals from an orbiting satellite.

"Silhouette" means a representation of the outline of the towers and antenna associated with a telecommunication facility, as seen from an elevation perspective.

"Structure ridgeline" means the line along the top of a roof or top of a structure, if it has no roof.

"Telecommunication facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting such equipment, equipment buildings, parking area, and other accessory development. A telecommunication facility shall be categorized as an exempt facility, a minor facility, or a major facility as defined below:

(1)

"Exempt facility" means a telecommunication facility which meets one or more of the following criteria:

(i)

No more than two ground-mounted or building-mounted receive-only radio or television antennas including any mast, for the sole use of the tenant occupying a residential parcel on which the radio or television antenna is located; with an antenna height not exceeding fifty (50') feet;

(ii)

A ground-mounted or building-mounted citizens band radio antenna including any mast, if the height (tower, support structure, post and antenna) does not exceed seventy (70') feet;

(iii)

No more than two ground-mounted, building-mounted, or tower-mounted antennas operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, if the height (post and antenna) does not exceed seventy (70') feet;

(iv)

No more than two ground-mounted or building-mounted receive-only radio or television satellite dish antennas, which do not exceed eight (8') feet in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of such dish does not exceed the height of the structure ridgeline of the primary structure on such parcel, unless such height is necessary for the use of the antenna and no other location on the parcel is possible to use the antenna due to interference from permanent structures;

(v)

All citizens band radio antenna or antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service which existed at the time of the adoption of the ordinance codified in this chapter;

(vi)

Mobile services providing public information coverage of news or approved promotional events of a temporary nature, including COWs, COLTs, and MEOWs for longer than thirty (30) days within the City. Such mobile services may be extended beyond thirty (30) days after written approval from the Community Development Director if a finding can be made that such mobile facility is necessary to remedy affects of a natural disaster or other emergency;

(vii)

Hand-held devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar devices as determined by the Community Development Director;

(viii)

City owned and operated receive and/or transmit telemetry station antennas for supervisory control and data acquisition (SCADA) systems for facilities including, but not limited to water, flood alert, traffic-control devices and signals, stormwater, pump stations and/or irrigation systems;

(ix)

In a commercial or industrial zone, no more than three (3) antenna, satellite dish eight (8') feet or less in diameter; where adequate screening is provided so that they are not readily visible, to the satisfaction of the Community Development Director, is provided; and the telecommunication facilities are solely for the use of the project site tenant's location, subject to the review and approval of the Community Development Director;

(x)

Telecommunication facilities that meet all requirements for exempt facilities set forth in this chapter.

(2)

"Major facility" means all telecommunication facilities not clearly set forth and included in the definition of exempt facility or minor facility. Examples of major facilities include monopoles and other freestanding telecommunication towers.

(3)

"Minor facility" means a telecommunication facility which meets one or more of the following criteria:

(i)

Telecommunication facilities that meet all requirements for minor facilities, including Section 10.25.130(a);

(ii)

A single ground-mounted or building-mounted whip (omni) antenna without a reflector, less than four (4') inches in diameter whose total height does not exceed thirty-five (35') feet; including any mast to which it is attached;

(iii)

A ground-mounted or building-mounted panel antenna. The equipment cabinets shall be designed, placed and screened so they are not readily visible;

(iv)

More than three (3) antennas, satellite dishes (greater than eight (8') feet in diameter), panel antennas, or combination thereof, proposed to be placed on a parcel, including existing facilities;

(v)

Building or other structure-mounted antennas which, are determined by the Community Development Director, to be not readily visible by way of design and/or placement on the building, regardless of number;

(vi)

New telecommunication facilities less than seventy (70') feet in height, located on a parcel owned by the City and utilized for public use and/or quasi-public use where it is found by the Community Development Director to be compatible with the existing City uses of the property.

Telecommunication facility, co-located. "Co-located telecommunication facility" means a

telecommunication facility comprised of a single telecommunication tower, or building, or other structure supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.

Telecommunication facility, commercial. "Commercial telecommunication facility" means a telecommunication facility that is operated primarily for a business purpose or purposes.

Telecommunication facility height. The height of the facility shall include the height of any structure upon which it is placed and shall be measured in accordance with Tracy Municipal Code Section 10.08.140.

Telecommunication facility, multiple user. "Multiple-user telecommunication facility" means a

telecommunication facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity.

Telecommunications facility, noncommercial. "Noncommercial telecommunications facility" means a telecommunication facility that is operated solely for a nonbusiness purpose.

"Telecommunications tower" means a mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground-mounted or buildingmounted mast greater than ten (10') feet tall and six (6') inches in diameter supporting one or more antenna, dishes, arrays, etc. shall be considered a telecommunications tower.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

No approval granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the City for delivery of telecommunications services or any other purposes.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

No approval granted under this chapter shall convey any right, title or interest in the public ways, but shall be deemed approval only to use and occupy the public ways for the limited purposes and terms stated in the approval. Further, no approval shall be construed as any warranty of title.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

10.25.050 - Exempt facilities—Basic requirements.

Exempt facilities as defined in Section 10.25.020 of this chapter may be installed, erected, maintained and/or operated where such antennas are permitted under this title, so long as all the following conditions are met:

(a)

The antenna use involved is accessory to the primary use of the property which is not a telecommunications facility;

(b)

The applicant has provided the City with documentation which establishes that all of the requirements for exempt facilities set forth in this chapter are met.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

Minor facilities as defined in Section 10.25.020 of this chapter may be installed, erected, maintained and/or operated on nonresidential property where such antennas are permitted under this title, upon the issuance of a building permit which has received site plan and architectural review and approval by the Community Development Director pursuant to the Development review process of the Tracy Municipal Code Section 10.08.3920, so long as all the following conditions identified below are met. The Class A development review application processing fee, as established by City Council resolution, shall apply to all minor facilities.

(a)

The antenna or any of its support structures such as guy wires are not situated between the primary building on the parcel and any public or private street adjoining the parcel, unless they are screened from all public views with landscaping or material that is architecturally compatible with the other improvements on site;

(b)

The antenna is located outside all yard and street setbacks specified in the zone district in which the antenna is to be located;

(c)

The materials employed are not unnecessarily bright, shiny or reflective and are of a color and type that blends with the surroundings to the greatest extent possible;

(d)

Any roof-mounted panel antenna shall be located so as to be not readily visible;

(e)

Any new building(s), structure(s), control panel(s), or other equipment related to the telecommunication facility shall be effectively designed or screened so that it is not readily visible;

(f)

All utility lines to the facility from public or private streets shall be undergrounded; and

(g)

The applicant has provided the City with documentation which establishes that all of the requirements for minor facilities set forth in this chapter are met.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

In the event that the Community Development Director determines that the public interest would be furthered by having the Planning Commission review a minor facility application, the applicant shall be required to obtain a conditional use permit, approved by the Planning Commission.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

Major facilities, as defined in Section 10.25.020 of this chapter, shall be subject to conditional use permit approval, pursuant to the Tracy Municipal Code, Chapter 10.08, Article 34. The telecommunications facilities major application processing fee, as established by Resolution of the City Council, shall apply to all major facilities.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

10.25.090 - Telecommunications facilities—Minimum application requirements.

All major facilities and minor facilities shall comply with the following:

(a)

The applicant for a telecommunications facility shall submit the following information in order to initiate the review process: a completed development application form in compliance with applicable requirements of the development review process set forth in Article 30 of this title or the conditional use permit process set forth in Article 34 of this title, including signature of the property owner; application fees as established in Section 10.25.060 for minor facilities and Section 10.25.080 for major facilities; completed supplemental project information forms; a specific maximum requested gross cross-sectional area, or silhouette, of the facility; service area maps; network maps; alternative site analysis as prescribed in subsection (e) of this section, including written documentation demonstrating a good faith effort to locate facilities in compliance with the site preferences of Section 10.25.130; visual impact demonstrations including mock-ups and/or photo-montages showing all poles, buildings, other structures, antennas, panels, mounting brackets, cable and other exterior support and accessory features; NIER exposure information, certifying that emissions will not exceed adopted government standards; preliminary title report(s); security considerations; list of other

nearby telecommunication facilities; master plan for all related facilities within the City and within onequarter mile therefrom; facility design alternatives to the proposal; and payment of costs for peer review, if deemed necessary by the Community Development Director pursuant to subsection (d) of this section.

(b)

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including but not limited to, parking areas, access roads and utilities shall be shared by site users when in the determination of the Community Development Director or Planning Commission, as appropriate, this will minimize overall visual impact to the community.

(1)

The facility shall make available unutilized space on the structure for co-location of other

telecommunication facilities, including space for these entities providing similar, competing services. A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the City's permit files. Co-location is not required in cases where the addition of the

including space for these entities providing similar, competing services. A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the City's permit files. Co-location is not required in cases where the addition of the

new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host to go off-line for a significant period of time.

(2)

Approval for the establishment of facilities improved with an existing microwave band or other public service use or facility, which creates interference or interference is anticipated as a result of such establishment of additional facilities, shall include provisions for the relocation of such existing public use facilities. All costs associated with such relocation shall be borne by the applicant for the additional facilities.

(3)

An analysis shall be prepared by or on behalf of the applicant, subject to the approval of the Community Development Director, which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size, and adverse

environmental impacts of facilities necessary to provide the needed services to the City and surrounding rural and urban areas. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the Planning Commission or Community Development Director, as appropriate, making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent peer review of this analysis at the applicant's expense. Applications for facilities which are not proposed to be co-located with another telecommunication facility shall include a written explanation why the subject facility is not a candidate for co-location.

(c)

The Community Development Director shall determine whether the application is complete based upon a finding that the City has sufficient information to make a decision regarding all issues identified in this chapter.

(d)

In the event the Community Development Director determines that additional information is required in order to complete the application, the applicant shall provide the additional information. In the event the Community Development Director determines that an independent technical expert, or peer review, is required to review any technical matters submitted by the applicant, the applicant shall, as a part of the application, pay all costs therefor.

(e)

Any proprietary information disclosed to the City or the expert shall remain confidential (to the extent permitted by law) and shall not be disclosed to any third party unless otherwise required by law.

(f)

The applicant shall, prior to approval of the application by the City, submit security to the Community Development Director in a type authorized by Section 12.36.080(c). The amount of the security shall be equal to the estimated costs of construction of the improvements proposed by the application, as approved by the City Building Official. The security shall be used by the City in the event of the applicant's (i.e., "permittee's") failure to remove improvements, as required by Section 10.25.100.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

(a)

A conditional use permit issued pursuant to this chapter or a development review plan approval issued pursuant to this chapter authorizing establishment of a telecommunication facility, except exempt facilities, shall be reviewed every ten (10) years. The applicant for renewal of a major facility or a minor facility shall pay the applicable application fees as set forth in Sections 10.25.080 for a major facility or 10.25.060 for a minor facility. Grounds for revocation of the conditional use permit, shall be limited to a finding that:

(1)

The use involved is no longer allowed in the applicable zone;

(2)

The facility fails to comply with the relevant requirements of this chapter as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the Community Development Director that the facility will be brought into compliance within one hundred twenty (120) days;

(3)

The permittee has failed to comply with the conditions of the permit;

(4)

The facility has not been properly maintained; or

(5)

The facility has not been upgraded to minimize its impact, including community aesthetics, to the greatest extent permitted by the technology that exists at the time of renewal and is consistent with the provisions of universal service at affordable rates.

(b)

If a conditional use permit for development review permit is revoked, pursuant to Sections 10.08.4020 or 10.08.4380, or expires pursuant to Section 10.25.100, the City shall provide written notice to the permittee to remove all existing improvements in the manner specified below. The permittee shall, within one hundred eight (180) days after the City sends the written notice, remove all improvements installed, including their foundations down to three (3') feet below ground surface, and restore the site to its natural preconstruction state.

(c)

In the event that a telecommunication facility is not removed as prescribed in subsection (b) of this section, the City shall take appropriate action to remove all existing improvements, and the costs of the removal shall be paid to the City by the permittee within thirty (30) days after the City provides the permittee with written notice of the estimated costs of the removal. In the event that the permittee fails to make timely payment to the City of the estimated costs of removal, the City shall be entitled to make a claim against the permittee's security, as set forth in Section 10.25.090.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

The following requirements shall be met for all telecommunications facilities in any zone within the City:

(a)

Any applicable General Plan goals, objectives, programs and policies, specific plan, PUD standards, conditional use permit or development review project conditions, design guidelines, and the permit requirements of any agencies which have jurisdiction over the project;

(b)

All the requirements of the Tracy Municipal Code, unless specifically modified by this chapter;

(c)

The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable;

(d)

Any applicable airport land use compatibility criteria/policies and Federal Aviation Administration regulations;

(e)

Any applicable easements or similar restrictions on the subject property;

(f)

Telecommunication facilities cannot be located in any yard setback area required by the City's zoning regulations in which it is located;

(g)

All telecommunication facilities shall comply at all times with all FCC rules, regulations, and standards;

(h)

All telecommunication facilities shall maintain in place a security program, when determined necessary by and subject to the review and approval of the Police Chief, that will prevent unauthorized access and vandalism;

(i)

Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function;

(j)

Installation shall be in compliance with the manufacturer's structural specifications.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

All telecommunication facilities, except exempt facilities shall, be designed to be not readily visible. To this end all the following measures shall be implemented:

(a)

Telecommunication towers shall be constructed out of metal or other nonflammable material, unless specifically conditioned by the City to be otherwise.

(b)

Telecommunication towers taller than thirty-five (35') feet shall be monopoles or guyed towers except where satisfactory evidence is submitted to the Community Development Director or Planning Commission, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunication use to minimize the need for screening from adjacent properties.

(c)

Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the Community Development Director or Planning Commission, as appropriate, is submitted showing that this is infeasible.

(d)

Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only) and shall be placed in underground vaults or screened from public view with landscaping, on-site buildings, or other means to the satisfaction of the Community Development Director.

(e)

Telecommunication support facilities shall be no taller than one story (fifteen (15') feet) in height and shall be designed, screened, or treated to look like a building or facility typically found in the area.

(f)

Telecommunication support facilities in areas of high visibility shall, where possible, be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile.

(g)

All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall have an exterior appearance (color, texture, shininess, etc.) that will minimize their visibility to the greatest extent feasible.

(h)

The project description and permit shall include a specific maximum allowable gross cross-sectional area, or silhouette of the facility. The silhouette shall be measured from the worst-case elevation perspective.

(i)

The City shall have the authority to require special design of the telecommunication facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features). View corridors of special significance include, but are not limited to, areas within six hundred sixty (660') feet of a freeway, major arterial street, or residential area.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

10.25.130 - Telecommunication facilities—Site preference.

(a)

Telecommunication facilities shall be located in the following order of preference for minor facilities:

(1)

Completely within existing structures;

(2)

Existing structures that allow facade-mounted antennas;

(3)

Co-location on existing telecommunications facilities or light standards at a lower height;

(4)

Existing structures that require modification of the structure architecturally or in height in order to mount antennas (including roof mounts);

(5)

Co-location on existing telecommunication facilities or light standards at a higher height.

(b)

Telecommunication facilities shall be located in the following order of preference for major facilities:

(1)

New telecommunications tower for co-location;

(2)

New telecommunications tower for a single carrier.

(c)

Site preference of subsection (a) and (b) of this section notwithstanding, the City encourages locating telecommunications facilities on City-owned property. The City recognizes a potential public interest in locating telecommunication facilities on City property (light standards at City parks, water towers, in conjunction with City communication needs, etc.) The potential benefits include the following:

(1)

Greater public control over siting, design, maintenance, and removal of telecommunication facilities;

(2)

Co-locate current or future City emergency and other communication facilities; and

(3)

Public revenue through lease agreements with telecommunication service providers.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

All telecommunication facilities shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented for all telecommunications facilities, except exempt facilities:

(a)

No telecommunication facility shall be installed within the safety zone of the Tracy Municipal Airport or any helipad unless the City indicates that it will not adversely affect the operation of the airport or helipad;

(b)

No telecommunication facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the Community Development Director or Planning Commission, as appropriate, is submitted showing that this is the only technically feasible location for this facility;

(c)

No telecommunication facility shall be installed on an exposed ridgeline if it is readily visible unless a finding is made by the City that no other location is technically feasible;

(d)

No telecommunication facility that is readily visible from off-site shall be installed closer than one-half mile from another readily visible uncamouflaged or unscreened telecommunication facility unless it is a colocated facility, situated on a multiple-user site, or blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable; or technical evidence acceptable to the Community Development Director or Planning Commission, as appropriate, is submitted showing a clear need for this facility and the infeasibility of co-locating it on one of these former sites; and

(e)

No telecommunication facility that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public use or quasi-public use unless it blends with the surrounding existing natural and man-made environment in such a manner so as to be not readily visible or technical evidence acceptable to the Community Development Director or Planning Commission, as appropriate, is submitted showing a clear need for this facility and the infeasibility of co-locating it on one of these former sites.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of such tower to the top of the tower itself or, if higher, to the tip of the highest

antenna or piece of equipment attached thereto. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

All telecommunication facilities shall be unlit except for the following:

(a)

A manually operated or motion-detector controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night;

(b)

The minimum tower lighting required under FAA regulation; and

(c)

Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby properties, particularly residences.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

All telecommunication facilities, except exempt facilities, shall be served by the minimum roads and parking areas necessary. To this end all the following measures shall be implemented:

(a)

Existing roads and parking areas shall be used for access, whenever possible. If not already in compliance, all existing roads and parking areas shall be paved and landscaped to City standards. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the City Design Standard; and

(b)

Any new driveways or parking areas shall be paved and landscaped to the requirements of Tracy Municipal Code Chapter 10.08, Article 26.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

No telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunication

facility or combination of facilities shall produce at any time power densities that exceed standards for human exposure (including, but not limited to NIER standards) adopted or promulgated by government agencies with competent jurisdiction.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

(a)

Exceptions to the requirements specified within this chapter may be granted through issuance of a conditional use permit by the Planning Commission. Such a permit may only be approved if the Planning Commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

(b)

Tower setback requirements may be waived under any of the following circumstances:

(1)

The facility is proposed to be co-located onto an existing, legally established telecommunication tower; and

(2)

Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)

Any person who is dissatisfied with an action taken by the Community Development Director regarding this chapter may appeal pursuant to Section 10.08.4040 or any person dissatisfied with an action taken by the Planning Commission regarding this chapter may appeal pursuant to Section 10.08.4330.

(§ 1, Ord. 955 C.S., eff. April 15, 1997)