Chapter 14-35

TELECOMMUNICATIONS USES

Sections:

• 14-35.010 Purpose. 14-35.020 Exemptions. 14-35.030 Satellite Earth Station (SES) Antennae.

• 14-35.040 Amateur Radio Antennae. 14-35.050 Telecommunications sites. 14-35.060 Telecommunications facilities. 14-35.070 Telecommunications sites proposed in the public right of way.

• 14-35.080 Submittal requirements for telecommunications sites and facilities.

• 14-35.090 Non-Ionizing Electromagnetic Radiation (NIER) safety and monitoring requirements for telecommunications sites and facilities.

• 14-35.100 Public hearing noticing radius. 14-35.110 Findings.

The Council finds that this Ordinance will protect and promote the public health, safety, welfare and the aesthetic quality of the community when considering applications for telecommunications facilities and not regulate the placement, construction and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission (FCC) regulations concerning such emissions. This chapter is intended to foster, through appropriate zoning and land use controls, a competitive economic environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provisions of personal wireless services. Additionally, this chapter is intended to protect Watsonville’s built and nat-

ural environment by promoting compatible urban design standards for telecommunications facilities. (Ord. 1153-03 C-M, eff. April 24, 2003)

The following wireless communications facilities shall be exempt from the requirements of this title:

(a) A wireless communication facility with a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provides the antenna is exempt from local regulation.

(b) Direct Broadcast Satellite (DBS) antennae and Television Broadcast Service (TBS) antennae so long as they are located entirely on-site and are not located in the required front yard setback area and screened from public view. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in accidental tripping hazards if located adjacent to a street or other public right of way.

(c) Multipoint Distribution Services (MDS) antennae and other temporary mobile wireless services including mobile wireless communication facilities and services providing public information coverage of news events (less than two (2) weeks duration).

(Ord. 1153-03 C-M, eff. April 24, 2003)

Satellite Earth Station Antenna structures located in commercial or industrial zones which meet the following standards shall require an Administrative Review Permit and Building Permit and conform to the following standards:

(a) SES antenna shall not exceed two (2) meters in diameter or in diagonal measurement;

(b) SES antennae are allowed in the following zoning districts: IP, IG, DWSP, CT, CN, CNS, CO, CV;

(c) SES antennae shall only be permitted on the top of buildings and located as far away as possible from the edges of rooftops to reduce or eliminate vis-

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(Watsonville Supp. No. xx, 10-25)

14-35.040

ibility from adjacent properties. Building Permits are required for such antennas;

(d) No portion of the antenna shall overhang any property line. (Ord. 1153-03 C-M, eff. April 24, 2003)

Amateur Radio Antenna structures located in residential zones or on parcels used for residential purposes shall conform to the following standards:

(a) Amateur radio antennae shall be located entirely on-site and meet all required setbacks for the district. Antennae shall not be located in the required front yard setback area and shall be screened from public view to the extent practical;

(b) No portion of the antenna or array structure may overhang any property line;

(c) The maximum height of the antenna shall not exceed the maximum allowable height limit for the district except as otherwise provided;

(d) The antenna support structure shall not exceed a width or diameter of twenty-four (24") inches;

(e) The antenna, including the support structure and any array, shall conform to all setback requirements for the zoning district in which it is located;

(f) Additional setback requirements shall be established in conjunction with a Special Use Permit for those antennas exceeding the height limit for the district.

(Ord. 1153-03 C-M, eff. April 24, 2003)

The following standards apply to all telecommunications sites as defined in Chapter 18 of this title:

(a) Maximum Height. The maximum height of an antenna shall not exceed 100 feet in height.

(b) Setbacks.

(1) Telecommunications sites and accessory equipment structures shall meet the required building setbacks for the zoning district in which the site is located.

(c) Required Separation.

(1) A telecommunications site shall have a setback equal to twice the structure’s height from the property line of any residentially zoned or designated

property, any parcel containing a residential unit, or any public or private school.

(d) Design Criteria. All telecommunications antennae, accessory, and related support structures shall:

(1) Utilize state of the art stealth technology as appropriate to the site and type of facility. Where no stealth technology is proposed for the site, a detailed analysis as to why stealth technology is physically and technically infeasible for the project shall be submitted with the application.

(2) Support structures, where utilized, must be monopole type.

(3) The wireless communications site shall be located in a manner on the existing structure so as to minimize visual impacts from surrounding properties and right-of-ways.

(4) All antennae and support structures must be painted to be architecturally compatible with the building on which it is located or painted to minimize the visual impacts where the structures extend above the roof line.

(5) Accessory equipment and equipment structures must be screened from public view.

(6) For the protection of emergency response personnel, each telecommunications site shall have an on-site emergency “kill switch” to de-energize all RF-related circuitry/componentry at the site. For collocation sites, a single “kill-switch” shall be installed that will de-energize all carriers at the site in the event of an emergency.

(e) Noise. Backup generators may 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.

(2) Backup generators may not exceed the normally acceptable decibel level as established by the City of Watsonville General Plan, Watsonville Municipal Code and performance standards.

(f) Usual and incidental repair and maintenance of existing telecommunications sites shall be exempt from this title.

(Ord. 1153-03 C-M, eff. April 24, 2003, as amended by § 1, Ord. 1214-07 (CM), eff. March 15, 2007)

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(Watsonville Supp. No. xx, 10-25)

14-40.010