Chapter 10.68 — WIRELESS COMMUNICATION FACILITIES AND TOWERS

The purpose of this chapter is to promote and maintain the purposes and objectives of the City of Tulare zoning ordinance; to ensure the co-location of new and existing tower and antenna sites whenever possible; to ensure the location of towers and antennas are in areas where the adverse impact on the community is minimal; to ensure that towers and antennas are designed in a way that minimizes the adverse visual impact on the community; and to protect the public safety and general welfare of the community.

(Ord. 2025-01, passed 1-7-2025)

For the purposes of this chapter, unless otherwise defined, the following words and phrases when used in this chapter are defined as follows:

ANTENNA. A system of poles, panels, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic signals, including, but not limited to, digital signals, analog signals, radio waves (excluding radar signals), wireless telecommunication signals, and microwaves.

ANTENNA, AMATEUR RADIO. A ground, building, or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).

ANTENNA ARRAY. One or more rods, panels, discs, or similar devices used for the transmission or reception of radio frequency signals, which may include an omnidirectional antenna (rod), directional antenna (panel), and parabolic antenna (disc). The antenna array does not include the support structure as defined below.

ANTENNA, BUILDING MOUNTED. An antenna that is fully or partially supported by the roof or exterior wall of a building or structure, and that transmits or receives electromagnetic signals.

ANTENNA, DIRECT BROADCAST SATELLITE SERVICE (DBS). An antenna that is typically a small home receiving dish designed to receive direct broadcast from a satellite.

ANTENNA, MULTIPOINT DISTRIBUTION SERVICES (MDS). An antenna designed to receive video

programming services via multipoint distribution services, including multipoint multichannel distribution services, instructional television fixed services, and local multipoint distribution services.

ANTENNA STRUCTURE. An antenna array and its associated support structure, such as a mast or tower, (but not to include a suspended simple wire antenna) that is used for the purpose of transmitting and/or receiving electromagnetic signals, including, but not limited to, radio waves and microwaves.

ANTENNA STRUCTURE, FREESTANDING. An antenna structure or mast that is not attached to a building, fence, or other structure. Freestanding antenna structures include, without limitation, communications towers, wooden utility poles, standard or decorative concrete and steel monopoles. If the total height of the structure, including the antenna, exceeds 20 feet, it shall be treated as a monopole.

ANTENNA STRUCTURE, MONOPOLE. An antenna structure, often tubular in shape, made of metal, reinforced concrete, or wood which is at least 20 feet in height.

ATTACHED WIRELESS COMMUNICATION FACILITY (ATTACHED WCF). An antenna array that is attached to an existing building or structure (attachment structure), which structures shall include, but not be limited to, utility poles, signs, water towers, with any accompanying pole or device (attachment device) which attaches the antenna

array to the existing building or structure and associated connection cables, and an equipment facility which may be located either inside or outside of the attachment structure.

CO-LOCATE or CO-LOCATION. Use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

EQUIPMENT FACILITY. Any structure used to contain ancillary equipment for a WCF which includes cabinets, shelters, a buildout of an existing structure, pedestals, and other similar structures.

FAA. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

HEIGHT. The distance measured from ground level to the highest point on the WCF, including the antenna array. PRE-EXISTING TOWER AND ANTENNA. Any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance codified in this chapter.

PROVIDER. A person, as defined in § 1.04.130 of the Tulare Municipal Code, pursuant to the provisions of this chapter.

STEALTH FACILITY. Any communication facility that is designed to blend into the surrounding environment, and is visibly unobtrusive. Examples of stealth facilities may include architectural screened roof-mounted antennas; facade-mounted antennas painted and treated as architectural elements to blend with existing buildings; and facilities camouflaged as trees or appropriate structures. Also known as concealed telecommunication facilities.

TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. This definition includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

WIRELESS COMMUNICATION FACILITY (WCF). Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility, and a support structure to achieve the necessary elevation.

(Ord. 2025-01, passed 1-7-2025)

Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. (Ord. 2025-01, passed 1-7-2025)

(A) For purposes of determining compliance with development standards in this title, including, but not limited to, setback requirements, lot coverage requirements, and other applicable requirements, the dimensions of the entire lot shall be considered, even though the antennas or towers may be located on leased areas within such lots.

(B) 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 wireless telecommunications facility to the nearest point of another major wireless telecommunications facility. For purposes of measurement, separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries. (Ord. 2025-01, passed 1-7-2025)

Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a non-conforming use or structure.

(Ord. 2025-01, passed 1-7-2025)

The following requirements and standards shall apply to the construction and installation of all new WCFs:

• (A) All standards as set forth in this chapter.

• (B) Any applicable federal, state, and local laws, regulations, and ordinances.

• (C) All applicable provisions of the Tulare Municipal Code, Tulare zoning ordinance, public works improvements standards, and all applicable fees that are not in conflict with the provisions of this chapter.

• (D) The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable.

• (E) All FCC and FAA rules, regulations, and standards.

• (F) Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

• (G) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for

the construction and/or operation of a wireless telecommunication system in the city have been obtained and shall file a copy of all required franchises with the Director.

(H) The city encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for multiple sites shall be given priority in the review process, in compliance with the Permit Streamlining Act.

• (Ord. 2025-01, passed 1-7-2025)

(A) When technically and economically feasible, a new WCF shall be attached to an existing structure (attached WCF), shall co-locate with another WCF, or create sites that will accommodate future co-location of other WCFs in the future.

(B) Any site plan review application proposed in accordance with Chapter 10.72 proposing the construction of a new WCF with a supporting structure shall specifically identify the actions taken by the applicant to locate, construct, and operate the new WCF at a co-location. If co-location is not feasible, the application shall specifically identify the locations considered and the reasons why such locations are unacceptable for the construction and operation of the new WCF.

(Ord. 2025-01, passed 1-7-2025)

(A) The following WCFs shall be exempt from the requirements of § 10.68.090, and a building permit is not required.

(1) Construction of an antenna under a permit issued by the California Public Utilities Commission (CPUC) or a permit issued in accordance with the rules and regulations of the Federal Communications Commission (FCC) that specifically allows for the construction of the antenna.

(2) Direct broadcast satellite (DBS) antennas, multipoint distribution services (MDS) antennas, and television broadcast service (TVBS) antennas that are one meter (three feet three and three-eights inches) or less in diameter or in diagonal measurement, are located entirely on-site and are not located within the front setback area of the lot on

which they are located. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in safety hazards.

• (B) The following WCFs shall be exempt from the requirements of § 10.68.090 of this chapter, however, a building permit is required.

(1) Satellite Earth Station (SES) antennas that are two meters (six feet and six and three- quarter inches) or less in diameter or in diagonal measurement, are located in a C-4 or M zone district and are located on the top of buildings as far away as possible from the edges of rooftops so that they cannot be viewed from a public right-of-way.

(2) Amateur radio antenna structures that are 24 inches or less in diameter or in diagonal measurement, and where no portion of the antenna overhangs any property line.

(3) Modification to an existing, approved antenna/tower where the modification does not result in an increase in the height of the existing, approved antenna/tower and does not provide for more than three communication providers on a single antenna/tower.

(4) Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that does not result in an increase in the size of the overall WCF site.

(Ord. 2025-01, passed 1-7-2025)

Wireless communications facilities that are not exempt per § 10.68.080 shall be either permitted or conditional uses in accordance with this section. If this section appears to conflict with the table in § 10.08.030 then this section shall apply.

(A) The following WCFs shall be permitted uses. Site plan review approval issued in accordance with Chapter 10.72 and a building permit is required.

(1) Installation of a monopole on an existing structure, located in the PF zone district, A zone district, or in any commercial or industrial zone district, where the height of the monopole is not higher than 20 feet above the height of the existing structure and has a 100-foot setback from residential zones.

(2) Installation of buildings or other support equipment used with a previously approved WCF antenna/tower that meets all requirements of the zone district in which the building or other support equipment is to be located, and that results in less than a 30% increase in the size of the overall WCF site.

(B) The following WCFs shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 10.80. Site plan review approval issued in accordance with Chapter 10.72 and a building permit is also required:

(1) Installation of a new concealed or disguised stealth antenna located on the ground and/or attached to a building in any zone district where the antenna does not exceed 70 feet in height.

(2) Installation of a new non-camouflaged, free-standing antenna/tower up to 50 feet in height with a 100-foot setback from residential zones.

(3) Installation of a new non-camouflaged free-standing antenna/tower that exceeds 50 feet in height but not greater than 70 feet in height, with a 300-foot setback from residential zones, except where existing tall structures, such as water towers or buildings, utilizing only antenna transmitting or receiving screens or dishes need not comply with the 300-foot setback.

(4) Installation of a new free-standing antenna/tower in any industrial zone district where the antenna exceeds the maximum height limits of the zone district in which it is located up to 150 feet in height, provided the Planning Commission makes the following findings:

(a) That the additional height is needed for public safety or for radio/television transmission.

• (b) That there is a minimum of 300-foot separation between the antenna and residential zoning.

• (c) That there are special circumstances that justify the additional height of 150 feet at the requested location.

• (5) Modification to an antenna/tower approved by conditional use permit where the modification results in an increase of more than 20% of the height of the approved antenna/tower.

• (C) Administrative adjustment. The Director may allow an increase in the height of any permitted antenna, not to exceed 20% above the height limitations described in the chapter, based upon the following findings:

• (1) There is no feasible alternative to allowing the height increase or the result of not allowing the height increase would result in an increase in the number of antennas necessary.

• (2) Approval would not result in a significant negative impact to the immediate neighborhood.

• (3) There are other tall structures or trees that require the antenna to be taller to provide service.

(D) Notwithstanding other provisions of this section, a WCF shall obtain a conditional use permit prior to construction or installation in accordance with Chapter 10.80 if it is located in the Airport Overlay District and shall meet all requirements of Chapter 10.42.

• (Ord. 2025-01, passed 1-7-2025)

Every application must include the following information:

(A) Consistent with applicable laws. This section shall apply, to the fullest extent allowed by and consistent with applicable federal, state, and California Public Utility laws and regulations, to all new wireless towers and facilities, including towers and antennas proposed to be located on private or public property, as well as proposed to be located in, along, or across the public right-of-way.

(B) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Director an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are in the Tulare Urban Area Boundary (UAB), including specific information about the location, height, and design of each tower. The Director may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city, provided, however, that the Director is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(C) Amateur radio station operators/receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under the height limitation of the relevant zone and is owned and operated by a federally-licensed amateur radio station operator, or is used exclusively for receive only.

(D) Pre-existing towers or antennas. Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this section unless the applicant proposes to increase the height of the antenna.

(1) Type of technology. A written description of the types of technology to be provided to its customers over the next five years, (e.g., Cellular, PCS, ESMR).

• (2) Radio frequencies. A description of the radio frequencies to be used for each technology.

• (3) Services. The type of consumer services (voice, video, data transmission) and consumer products (mobile phones, laptop PCs, modems) to be offered.

• (4) All facilities. Provide a list of all existing, existing to be upgraded or replaced, and proposed cell sites within the city for these services by the company.

• (Ord. 2025-01, passed 1-7-2025)

Every application must comply with the following development standards:

(A) Radio frequency. The applicant must submit documentation demonstrating that use of the WCF will not result in levels of radio frequency emissions that will exceed FCC standards. Such documentation shall not be required for amateur radio antenna structures or for antennas installed for home entertainment purposes.

(B) Structural integrity. WCF with support structures must be constructed to Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard titled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Antenna/towers supported by guy wires are prohibited within the city.

(C) Co-location. Support structures and site areas for wireless telecommunications antenna shall be designed and of adequate size to allow at least one additional wireless service provider to co-locate on the structure. Co-location shall be encouraged in all cases where feasible and reasonable to do so.

(D) Required separation. An antenna shall not be located within 1,000-foot radius of any other co- locatable antenna, measured from the base of the tower to the base of the tower, unless the Director makes the following findings:

(1) The granting of the reduction will not substantially impair the intent and purpose of this title or the goals, policies, and objectives of the adopted General Plan.

(2) The reduction is not requested exclusively on the basis of economic hardship to the applicant.

(3) The reduction is necessary and essential to providing the applicant's wireless service based on the technical constraints and the lack of other available appropriately zoned land outside the radius.

(4) Evidence has been submitted to the satisfaction of the city demonstrating that co-location on existing tower structures is not available or is not technically feasible. Evidence may include a written statement from the service provider with the existing facility that co-location is not feasible.

(E) The Planning Commission may impose conditions they believe are reasonable, on any conditionally permitted antenna.

(F) Lighting. WCF shall not be artificially lighted, except for:

(1) Security and safety lighting of equipment buildings if such lighting is appropriately shielded to keep light within the boundaries of the site.

(2) Lighting of the tower or antenna may be required by the Federal Aviation Administration or other applicable authority. Said lighting is to be installed in a manner to minimize impacts on adjacent properties.

(G) Security. WCF with tower/antenna structures shall be enclosed by a security fence not less than six feet in height and the structure shall be equipped with an appropriate anti-climbing device.

(H) Landscaping shall be in accordance with the requirements combined in Chapter 10.52 Landscape Standards. (I) Safety. For the protection of emergency response personnel, each telecommunications facility shall have an onsite emergency "kill switch" to de-energize all RD-related circuitry/componentry at the site.

(J) Setbacks. Antennas and accessory structures in compliance with height restrictions of this chapter shall also comply with the required building setbacks for the zoning district in which the facility is located. Antennas shall not be located within the required front yard area of any parcel.

(K) Noise. A description of all audible noise-generating equipment, including the times and decibel levels of the noise that will be produced shall be submitted with the application for the project. No equipment shall be operated at a WCF that produces noise in excess of the applicable noise standards stated in the Tulare Municipal Code. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 7:00 p.m.

(L) Painting. All equipment, antennas, poles, or towers shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts. Antennas that will be viewed primarily against the skyline shall be painted light gray, light blue, or other sky-blending color. WCF with tower antenna structures shall be designed and

painted to blend in with existing surroundings to the extent feasible as determined by the Community Development Department, including the use of compatible colors. Equipment facilities shall, to the extent practicable, use materials, colors, and textures that will blend with the natural setting and existing building environment.

(M) Fencing. All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit graffiti.

(N) Signage. A permanent, weather-proof identification sign, approximately 16 inches by 32 inches in size, must be placed on the gate of the fence surrounding the facility or, if there is no fence, on the facility itself. The sign must identify the facility operator(s), provide the operator's address, and specify a 24-hour telephone number at which the operator can be reached so as to facilitate emergency services.

(O) Traffic. Traffic shall be limited to no more than one round-trip per day on an average annual basis once construction is complete, except for emergency maintenance purposes. (Ord. 2025-01, passed 1-7-2025)

(A) All towers/antenna structures must meet or exceed current standards and regulations of the FAA, the FCC, the CPUC, and any other agency of the federal or state government with the authority to regulate towers and antennas.

(B) If said standards and regulations are modified or amended and require pre-existing WCFs to comply with the new or amended standards or regulations, the owners and operators of the towers and antennas shall bring their towers and antennas into compliance with the revised standards and regulations within six months of the effective date of the new standards and regulations, unless the new standards or regulations or the applicable federal or state agency identify a different and specific compliance period, in which case the owners and operators of the towers and antennas shall bring their towers and antennas into compliance within that specific compliance period.

(C) Failure to bring towers and antennas into compliance with the revised standards and regulations shall constitute a violation of this chapter and the city may require removal of the tower or antenna at the owner's expense. (Ord. 2025-01, passed 1-7-2025)

(A) To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time.

(B) If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for removal of the tower or antenna at the owner's expense. (Ord. 2025-01, passed 1-7-2025)

Appeals to a decision of the reviewing authority of an application shall be submitted and processed consistent with the procedures in Chapter 10.70.

(Ord. 2025-01, passed 1-7-2025)

(A) Any antenna, tower, supporting equipment, and structure that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna tower, or owner of the land on which it is located shall remove said antenna, tower, or supporting equipment within 90 days of receipt of notice from the Director notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the city may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(B) If the cost of removal of the antenna or tower is not paid within 30 days after the date on which the notice of request for payment is mailed to the owner of the property, the City Council may direct the county tax assessor to place the unpaid costs, including administrative fees associated with the removal on the county tax roll, as a special assessment against the property pursuant to Cal. Gov’t Code § 25845. The assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes shall be applicable to such special assessment. (Ord. 2025-01, passed 1-7-2025)