§ 19.140

The purpose of this Chapter is to establish regulations and procedures for wireless telecommunications facilities. It is the City's intent in establishing these regulations to allow for the development of wireless telecommunications facilities where needed in accordance with the Federal Telecommunications Act of 1996, as amended (Telecommunications Act), while maintaining development standards and permitting requirements consistent with state law. The goals of this Chapter are to:

A.

Provide for the design and location of telecommunications facilities so as to minimize their adverse visual impacts.

B.

Encourage the location of telecommunications facilities in nonresidential areas and minimize the total number of towers throughout the City.

All new commercial antennae, including alterations and intensifications of use to existing facilities, shall be subject to the provisions of this Chapter.

A.

Conditional Use Permit Required. The placement of wireless telecommunications facilities in the City shall require the approval of a Conditional Use Permit in accordance with Chapter 19.42, except where specifically noted otherwise.

B.

Administrative Use Permit Required. The following projects shall be subject to approval by Administrative Use Permit in accordance with Chapter 19.38, provided they do not require a variance and are not located in a residential area.

1.

Any building or roof-mounted wireless telecommunications facility that does not extend above the top of the parapet wall by more than 12 feet and that is screened from public view or painted to match the structure, including any facility proposed to be located on pitched roof surfaces.

Wireless telecommunications facilities mounted on or contained within other existing structures, such as steeples, signs, water tanks, pump stations, utility poles, or ball field lighting, in such a manner as to not be identifiable as a wireless telecommunications facility. This may include the replacement of an existing structure to accommodate a wireless telecommunications facility.

3.

The co-location of a new wireless telecommunications facility to an existing approved support structure, or the replacement of an existing approved support structure in order to co-locate a new facility, which includes an increase in height or a substantial change in the external dimensions of the facility. Any such facility shall be subject to camouflaging requirements if visible from any residential area or publicly maintained road.

4.

Addition of antennas or microwave dishes to any existing telecommunications facility.

5.

Any telecommunications facility within an existing multi-user wireless telecommunications facility (antenna farm) not included in Subsection 19.140.030.B(4), above. Any such facility shall be subject to camouflaging requirements if visible from any residential area or publicly maintained road.

6.

Any telecommunications facility not located within 1 mile of any publicly maintained road.

C.

Exemptions. The following projects are exempt from the permit requirements of this Chapter. Additional permits may be required, including Zoning Clearance.

1.

Removal of wireless telecommunications facilities.

2.

Notwithstanding any other provision of this Chapter, the co-location of a new wireless telecommunications facility on an existing wireless telecommunications facility that (a) was approved after January 1, 2007, by discretionary permit; (b) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (c) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless telecommunications co-location facilities shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable nondiscretionary permit(s), as specified by this Development Code and the City-adopted Building Code, provided such colocation does not increase the height or change the location of the existing wireless telecommunications facility or otherwise change the bulk, size or other physical attributes of the existing permitted wireless telecommunications facility.

3.

Change of antennas on any existing telecommunications facility which does not result in increased visibility of the structure.

Applications for wireless telecommunications facilities shall include the following information:

A.

Detailed documentation identifying other sites considered for the project, explaining the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives, and enumerating the specific reasons for the rejection of the alternative sites.

B.

A discussion of the potential for co-location at an existing or new site.

C.

Visual impact analyses or demonstrations (including mock-ups and/or photomontages) demonstrating views for public areas as well as from private residences. The analysis shall be "worst case" and shall assess the cumulative impacts of the proposed facility, including the provision of electrical service to the site, and other existing and foreseeable telecommunications facilities in the area, and shall identify and incorporate all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

D.

Where multiple sites are a part of a new communications network, the applicant shall submit documentation detailing, to the greatest extent possible, the scope of the network to include, but not be limited to, proposed locations, tower heights, co-location potential, and camouflaging potential of the network sites, so that the network can be reviewed and evaluated as a whole.

E.

A map(s) depicting:

1.

The geographic location and boundaries of all coverage areas (search rings) planned by the applicant in all of the City's jurisdictions.

2.

The location of the applicant's facilities sites within each coverage.

3.

A map depicting the coverage area of proposed facility (USGS topographic base maps).

F.

In addition to the information listed above, the City will require the applicant to enter into a performance agreement(s) as a condition of permit approval for the removal of the approved facility should it be abandoned.

A.

Structure Height. Any proposed wireless telecommunications facility shall not exceed the height specification established for the land use district in which it is being located.

B.

Separation from Residential Use. Telecommunications facilities shall not be located closer than a distance equal to 200 percent of the height of the facility from the property line of any adjoining parcel within a residential land use district or closer than 300 feet from any residence.

C.

Minimizing Impacts. All telecommunications facilities shall be located and designed so as to minimize negative visual impact. To this end, all the following measures shall be implemented for all telecommunications facilities:

1.

Co-location/Stealth/Camouflaging. No new telecommunications facilities that are visible from normal viewing points shall be installed on a site that is not already developed with telecommunications facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable, unless all the following are provided:

a.

Technical evidence acceptable to the approving authority showing a clear and convincing need for this facility in this location.

b.

Evidence of the infeasibility of co-location on another facility or joint location (in an existing multi-user site), or that co-location on an existing facility would result in a substantial adverse impact.

c.

Evidence showing the inability to camouflage the facility.

2.

Separation from Existing Facility. No telecommunications facility that is visible from off-site locations shall be installed closer than 2 miles from another visible telecommunications facility unless it is a co-location

facility, is situated on a multiple-user site, or the conditions identified in Section 19.140.030C (1) (a-c) are met. This provision does not apply to architecturally integrated building-mounted facilities or other stealth facilities, or to facilities mounted on existing utility towers, utility streetlights or utility poles.

D.

Height Measurement.

1.

For ground-mounted wireless telecommunications facilities, the height shall be measured from the lowest natural undisturbed ground surface at the base of the tower to the top of the tower or to the top of the highest piece of equipment attached thereto, whichever is greater.

2.

For building-mounted telecommunications facilities, the height of the antenna structure shall be measured from the top of the building on which the antenna is mounted to the top of the antenna or screening structure, whichever is higher. The height of antenna structures that are attached to a building shall be measured from the top of the building roof. The combined height of the building and the antenna shall not exceed the height regulations outlined in each land use district of this Development Code, unless a variance is approved in accordance with the procedures of Chapter 19.34 (Temporary Use Permit), and California Government Code Section 65906.

E.

Ridgeline Sites. Telecommunications facilities in view of features or vistas that provide scenic value, as identified in the General Plan, shall be sited below the ridgeline and designed to minimize their profile (e.g., screened, depressed, or located behind berms.)

F.

Nonreflective Colors. All buildings, poles, towers, antenna supports, antennas and other components of each telecommunication site shall be treated with nonreflective colors to provide concealment.

G.

Support Facilities. Freestanding, aboveground telecommunications support facilities (equipment shelters) shall be constructed to look like a structure or facility typically found in the area.

H.

Parking. Parking for service vehicles may be permitted on-site and may be required to be screened.

I.

Lighting. Outside lighting is prohibited unless required by the FAA or the Uniform Building Code.

J.

Dish Design. Other than existing multi-user sites, open mesh design shall be utilized for microwave dishes, wherever possible.

K.

Screening. All utility or accessory equipment must be screened from view from any residence or publicly maintained road. The screening material shall be architecturally integrated with the building, structure or landscaping so as not to be recognizable as an accessory equipment structure.

L.

Area Disturbance. The applicant shall avoid or minimize disturbance to the natural landscape. The applicant shall repair disturbed areas used for storage of construction materials and shall flag boundaries of the construction area. Workers shall be notified of the limits of construction and the need to minimize site damage.

M.

Power and Communication Lines. No aboveground power or communication lines shall be extended to the site, unless clear and convincing evidence demonstrates that undergrounding such lines would result in substantial environmental impacts. All underground utilities shall be installed in a manner to minimize the disturbance of existing vegetation and wildlife habitats.

N.

Compliance with Regulations. All wireless telecommunications facilities are to be installed and maintained in compliance with the applicable sections of the City's Building Code, Electrical Code, and Noise Ordinance.

O.

Designated Contact. The operator shall provide a "single point of contact" person in its engineering and maintenance departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the police chief upon activation of the facility.

The approving authority shall consider the following factors in determining whether to approve an application for a wireless telecommunications facility:

A.

Height of the proposed wireless telecommunications facility.

B.

Proximity of the wireless telecommunications facility to residential structures and residential district boundaries.

C.

Nature of the uses on adjacent and nearby properties.

D.

Surrounding tree coverage and foliage or other existing structures.

E.

Design of the wireless telecommunications facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

F.

Proposed ingress and egress.

G.

Availability of suitable existing towers and other structures.

A.

The applicant shall follow and adhere to all state and federal requirements when it comes to monitoring and compliance of all wireless telecommunications equipment and facilities.

B.

All structural and nonstructural elements of the site including towers, accessory structures, landscaping and stealth/camouflaging design features shall be maintained in the condition on which the original permit approval was based.

Any telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the owners of such facility shall remove same within 90 days of receipt of notice from the City notifying the owner of such abandonment. The owner shall return the site to its approximate natural condition. If such telecommunications facility is not removed within said 90 days, the City may remove it at the owner's expense. If there are two or more users of a single facility, then this provision shall not become effective until all users cease using the facility for a period of 12 months.

When any proposed wireless telecommunications facility is located adjacent to properties that are within the jurisdiction of the County of San Bernardino, the City may refer the matter to the County for review and comments.

Article 6: - Code Compliance Regulations

Chapter 19.142 - Nonconforming Buildings, Uses and Lots[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 313, § 4(Exh. A), adopted Dec. 12, 2023, repealed the former Ch. 19.142, §§ 19.142.010—19.142.060, and enacted a new Ch. 19.142, §§ 19.142.010—19.142.070 as set out herein. The former Ch. 19.142 pertained to similar subject matter and derived from original codification.