Loading...
01-18-2011 - Reintroduction of Code Amendment No. 09-04 Wirele - Item 7 attach 1.A (2).docEXHIBIT A DIVISION 16.  WIRELESS TELECOMMUNICATION FACILITIES* __________ *Editor's note:  Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), adopted April 1, 1997, amended§§ 26-685.980--26-685.988 of Div. 16 and enacted new provisions as set out herein. Formerly, Div. 16 pertained to reception and transmission antennas and derived from Ord. No. 1801, § 2, adopted Jan. 9, 1989 and Ord. No. 1910, § 2, adopted Oct. 13, 1992.  __________ Sec. 26-685.980.  Purpose. This division sets forth a uniform and comprehensive set of development standards for the placement, design, installation and maintenance of wireless telecommunication facilities within all land-use zones of the city. The purpose of these regulations is to ensure that all wireless telecommunication facilities are consistent with the health, safety, and aesthetic objectives of the city, while not unduly restricting the development of needed telecommunications facilities. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.981.  Applicability. Unless otherwise exempt by this division, the regulations set forth herein shall apply to wireless telecommunication facilities within the city. (Ord. No. 1991, § § 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.982.  Definitions. For the purposes of this division, the following definitions shall apply: (1)  Amateur and/or citizen band antenna  shall mean any antenna used for the operation of amateur and/or citizen band radio stations and which is licensed by the Federal Communications Commission.  (2)  Antenna  shall mean any system of wires, poles, rods, reflecting discs, or similar devices of various sizes, materials and shapes including but not limited to solid or wire-mesh dish, horn, spherical, or bar configured arrangements, used for the transmission or reception of electromagnetic signals.  (3)  Antenna, building-mounted  shall mean any antenna, other than an antenna with its supports resting on the ground, that is directly attached or affixed to the fascia or side wall of a building or structure.  (4)  Antenna, ground-mounted  shall mean any antenna which is attached or affixed to a freestanding wireless facility with its base placed directly on the ground, specifically including but not limited to, monopoles and faux trees.  (5)  Antenna, roof-mounted  shall mean any antenna, other than an antenna with its supports resting on the ground, that is directly attached or affixed to the roof of a building or a mechanical penthouse or parapet enclosure wall which is located on the rooftop of a building.  (6)  Antenna height  shall mean, when referring to any freestanding wireless facility, the distance measured from ground level to the highest point on the support structure, including antennas measured at their highest point.  (7)  Co-location  shall mean the placement of antennas, dishes, or similar devices owned or used by two (2) or more telecommunication providers on one antenna support structure, building, or structure.  (8)  Direct broadcast satellite service (DBS)  shall mean a system in which signals are transmitted directly from a satellite to a small (not exceeding twenty-one (21) inches in diameter) receiving dish antenna.  (9)  FCC  shall mean an abbreviation which refers to the Federal Communications Commission. (10) Free-standing Wireless Facility shall mean any free-standing mast, monopole, tripod or tower utilized for the purpose of supporting an antenna(s). A free-standing wireless facility may be designed to resemble a tree, clock tower, light pole or similar alternative-design mounting structure that camouflages or conceals the presence of an antenna(s). (11)  Radiofrequency emissions (RF)  shall mean the electromagnetic signals transmitted and received using wireless telecommunication antennas.  (12)  Reception window  shall mean the area within the direct line between a landbased antenna and an orbiting satellite.  (13)  Obstruction-free reception window  shall mean the absence of manmade or natural physical barriers that would block the signal between a satellite and an antenna.  (14)  Wireless telecommunication facility  shall mean a mechanical device, land and/or structure that is used to transmit and/or receive electromagnetic signals, including but not limited to antennas, microwave dishes, horn, and other types of equipment for the transmission or receipt of such signals, freestanding wireless facilities, equipment buildings or cabinets, parking areas, and other accessory development.  (15)  Wireless telecommunications facilities master plan  shall mean a narrative and graphic representation of all existing and future wireless telecommunication facilities within the city for one wireless communication provider or applicant.  (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.983.  Exemptions. The regulations of this division do not apply to the following: (1)   Single ground-mounted, building-mounted, or roof-mounted receive-only AM/FM radio or television antennas, DBS dish antennas, amateur and/or citizens band radio antennas, for the sole use of the occupant of the parcel on which the antenna is located. (2)   Wireless telecommunications facilities owned and operated by the city or other public agency when used for emergency response services, public utilities, operations, and maintenance. (3)   This exemption does not apply to free-standing or roof-mounted satellite dish antennas greater than twenty-one (21) inches in diameter. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.984.  Prohibited wireless telecommunication facilities in residential zones. (a)   No wireless telecommunication facilities are permitted in residential zones except for the following: (1)   Wireless telecommunication facilities listed under section 26-685.983(1) and (2). (2)   Wireless telecommunication facilities attached to light poles, utility poles, traffic signals, and similar structures. (3)   Wireless telecommunication facilities located in residential zones that are developed with permitted nonresidential uses. (4)   Wireless telecommunication facilities consisting of roof-mounted antennas located on multiple-family residential buildings. (b)   Antennas with a solid or wire-mesh surface with a diameter or maximum width greater than twelve (12) feet are prohibited in residential zones. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.985.  Administrative use permit required. (a)   The following types of wireless telecommunications facilities shall be permitted subject to approval of an administrative use permit pursuant to division 5, article VI of this chapter: (1)   New building-and roof-mounted antenna facilities. (2)   Other forms of wireless telecommunication facilities not specifically addressed within this division which are designed to integrate with the supporting building or structure and pose minimal visual impacts similar to building and roof-mounted antenna facilities, as determined by the planning director. (b)   Review by planning commission. The planning director may elect to not rule on a request for an administrative use permit and transfer the matter to the planning commission, to be heard within thirty (30) days from the date this election by the planning director is provided in writing to the applicant. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.986.  Conditional use permits required. Wireless telecommunication facilities consisting of freestanding wireless facilities shall be permitted subject to approval of a conditional use permit pursuant to division 3, article VI of this chapter. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.987.  Minor modification permitted. (a)   Additions or modifications to existing wireless telecommunication facilities which meet all of the following criteria shall be permitted subject to approval by the planning director pursuant to section 2-251(b) and section 26-271: (1)   The overall height of the freestanding wireless facility is not increased. (2)   No ancillary features are added to the monopole other than the antennas, required safety equipment, and accessory equipment enclosures. (3)   All conditions of approval for the previous facility have been met. (4)   No required parking stalls are eliminated in conjunction with the placement of the additional accessory equipment. (5)   The addition or modification is designed to minimize visual impacts, to the extent possible. (b)   Additions or modifications to existing wireless telecommunication facilities which do not meet all of the above criteria shall be permitted subject to the approval of conditional use permit pursuant to division 3, article VI of this chapter. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.988.  Development standards. All wireless telecommunication facilities regulated under this division shall comply with the following development standards: (a) Site selection. (1) City-owned properties shall be considered before privately-owned properties where wireless telecommunication facilities are permitted. (b)   Location on property. (1)   Freestanding wireless facilities or roof-mounted satellite dishes greater than twenty-one (21) inches in diameter and located in residential zones. a.   No freestanding wireless facilities shall be permitted in the required side yard or front yard. b.   No freestanding wireless facilities shall be permitted within five (5) feet of the rear property line. c.   No antennas consisting of a solid or wire-mesh surface shall be permitted on the roof. (2)   Nonresidential zones (including wireless telecommunication facilities located in residential zones which are developed with permitted nonresidential uses). a.   No free-standing wireless facilities shall be permitted in the required front or street side yards of the underlying zone. b.   No free-standing wireless facilities shall be permitted within one hundred (100) feet of surrounding single-or multi-family residences. This distance shall be determined by measuring from the free-standing wireless facility to the nearest property line of the single- or multi-family residence. c.   No free-standing wireless facilities shall be permitted in a required parking space or driveway. d.   Freestanding wireless facilities shall be located to the extent feasible to the rear of all existing buildings on the property. (c)   Height restrictions. (1)   No free-standing wireless facilities shall exceed sixty (60) feet in height measured from the average finished grade of the subject site, except as otherwise approved under section 26-685.990. (2)   No roof-mounted antennas shall exceed twenty (20) feet above the peak of the roof (excluding the height of mechanical penthouses and parapets). (3)   In addition to the maximum height limits stated above, freestanding wireless facilities shall be designed at the minimum functional height. a. In the event that the City needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be required to determine the engineering or screening requirements of establishing a specific wireless telecommunication facility. This service will be provided at the applicant’s expense. (d) Noise (1) No portion of a wireless telecommunications facility, including, but not limited to, emergency generators, shall violate the City’s noise ordinance at any time. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.989.  Design standards. All wireless telecommunication facilities regulated under this division shall comply with the following design standards: (a)   All wireless telecommunication facilities. (1)   Accessory support facilities, such as electrical cabinets and equipment buildings shall be placed within an interior space of the existing building, within a landscaped planter within the existing parking lot, or on the rooftop of the subject building. Support facilities shall be designed to match the architecture of adjacent buildings and/or screened from public view by wall, fences, parapets, landscaping, and similar treatments. All security fences shall not be less than six (6) feet in height and shall be constructed of a material such as block wall or wrought iron. Chain link fencing and barbed wire are prohibited, unless specifically approved by the Hearing Body in cases where the freestanding wireless facility and equipment is not visible from the public view. (2)   Antenna surfaces and freestanding wireless facilities shall not be painted shiny or bright colors and shall be treated so as not to reflect glare from sunlight. (3)   No signage or lighting shall be incorporated into or attached to any antenna or freestanding wireless facility, except to indicate danger. (4)   The smallest size antenna panels feasible shall be used at each facility. (5)   All wireless telecommunication facilities shall be installed with signage including the RF hazard warning symbol identified within FCC regulations, to notify persons that the facility could cause exposure to RF emissions. (6) Once the appropriate entitlement has been obtained, wireless facility providers shall obtain a business license from the City, pursuant to Section 14-18 of the Municipal Code. (7) Any lighting installed in the equipment area shall be located to illuminate only the equipment area and shall not illuminate areas outside the equipment area or create off-site glare. Light fixtures shall be low wattage, hooded and directed downward. (b)   Building and roof-mounted antennas. (1)   Building-mounted and roof-mounted antennas shall be screened from view under most circumstances, unless the antennas would not otherwise be visible to adjacent properties and/or public rights-of-way. The screening shall consist of parapets, walls, fencing, existing roof pitch, or similar architectural elements provided that it is painted and textured to integrate with architecture of the existing building. (2)   Antennas shall be mounted on the parapet, penthouse wall, or building facade unless the antennas are not visible to adjacent properties and/or public rights-of-way. Building-mounted antennas shall be painted or otherwise architecturally integrated to match the existing building. (c)   Free-standing wireless facilities. (1)   Freestanding wireless facilities shall be located a minimum of one-half mile from any other freestanding wireless facility, except as otherwise approved under section 26-685.990. (2)   All freestanding wireless facilities shall be stealthed to eliminate or substantially reduce their visual and aesthetic impacts from the surrounding public rights-of-way and adjacent properties. For example, if a grove of palm trees exists at a proposed antenna site, then a manmade tree (monopalm) shall be used. If antennas are proposed to be located within the city's regional entertainment/shopping districts, antennas shall be concealed within signs, clock towers, or similar structures that are compatible with the surrounding land uses. (3) Freestanding wireless facilities designed as faux trees. a. Freestanding wireless facilities designed as faux trees shall bear a realistic resemblance to the type of tree that it is designed after to the greatest extent possible, with emphasis on features including branches, fronds, leaves, needles, bulb diameter, trunk shape and trunk diameter. b. The maximum branch/frond density and length shall be used to the greatest extent possible for antenna stealthing purposes. c. All cellular antennas mounted to a faux tree (except mono-palms) shall have “sock covers” installed over each antenna to simulate tree branches/leaves/needles, etc. for additional stealthing. (4) Accessory support facilities (e.g., equipment cabinets) used in conjunction with a freestanding wireless facility shall be located in an underground vault when located on City-owned property, including open space, park facilities, fire stations and City Hall, unless approved by the Hearing Body. (d.) Revisions or co-locations to existing freestanding wireless facilities. 1. Any technological stealthing improvements or upgrades that can be made to an existing wireless telecommunication facility shall be made upon the modification or expansion (e.g., co-location) of the existing facility, including accessory support facilities (e.g., equipment cabinets). a. Antenna arrays shall be enclosed with pine needle socks or similar type sleeves for faux tree facilities. b. No portion of the antenna arrays shall extend beyond the branch line. c. Landscaping shall be upgraded to provide screening for any additional equipment or enclosures. d. All electrical wires shall be protected in conduit and shall be located underground or fixed to the ground or structure. e. New equipment enclosures shall be designed to be consistent in appearance with existing equipment enclosures. f. The co-location antenna(s) shall be designed to be consistent in appearance with the existing antenna(s) and structure. (e)   Freestanding or roof-mounted satellite dishes consisting of a solid or wire-mesh surface greater than twenty-one (21) inches in diameter and located in residential zones. (1)   Satellite dishes shall be seventy-five (75) percent screened when viewed from ground level from any adjacent public rights-of-way, parks, schools, or residentially zoned properties. Such screening shall consist of either six (6) foot solid fencing or block walls, including the existing perimeter fence/wall on the site, landscaping or any combination thereof. Required screening around the antenna shall achieve its screening effect of seventy-five (75) percent in height and mass within sixty (60) days of installation. Specimen-size plants may be required to satisfy this requirement. In the case of a roof-mounted installation, such screening may incorporate features of the existing roof (e.g., a parapet, the slope of a pitched roof), landscaping, or fencing which is compatible with the design and material of the existing development on the site. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.990.  Deviation from certain development and design standards. Deviation from the height requirements and minimum distance between freestanding wireless facilities by not more than twenty (20) percent may be granted by the planning director or planning commission if one or more of the following findings is made based on evidence submitted by the applicant: (1)   None of the permitted locations or height restrictions for freestanding wireless facilities provide for an obstruction-free reception window of said antenna as per blockage by the primary on-site structure or off-site buildings and trees of abutting properties; and/or (2)   Existing natural geographic conditions preclude an obstruction-free reception window. (3)   The relief from the development standards results in a more appropriate design which minimizes the visual impact of the facility. (4)   In order to accommodate the establishment of a co-located facility, the antenna height of the facility must be increased. (5)   The visual impacts of locating freestanding wireless facilities closer than one-quarter mile to one another is negligible because the facility is designed to architecturally integrate with the surrounding environment. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.991.  Installation and operation. (a)   All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the City of West Covina Municipal Code Chapter 7 (Buildings and Building Regulations), the Uniform Building Code, National Electric Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire Code, and the manufacturer's structural specifications. (b)   All antennas shall be permanently and properly grounded for protection against a direct strike of lightning, with an adequate ground wire as specified by the electrical code. (c)   All electrical wires (excluding those wires covered in co-axial cables) connected from the electrical cabinets to the antennas or antenna support structure shall be protected in conduit, which shall be undergrounded or fixed to the ground and/or building. (d)   Prior to the issuance of a certificate of occupancy for any wireless telecommunication facility, the project applicant shall submit a radio frequency radiation (RFR) field measurement study which verifies compliance with FCC emission standards to the planning director. The study shall be accompanied by a report written to be easily understood by a lay person which describes compliance with these standards. (e)   Prior to the issuance of a certificate of occupancy for any building-or roof-mounted wireless telecommunication facility, a disclosure notice approved by the planning director shall be mailed to the manager or property management company of the building on which the facility is installed. (f)   All wireless telecommunication facilities shall comply at all times with all FCC regulations, rules, and standards. (Ord. No. 1991, §§ 1,2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.992.  Maintenance of facilities. (a) The wireless telecommunication provider and/or property owner shall be responsible for maintaining the facility in an appropriate manner, which includes, but is not limited to, the following: Regular cleaning of the facility, graffiti abatement, periodic repainting of antennas, freestanding wireless facilities, rooftop screen enclosures, accessory equipment walls and fences as needed, keeping debris and other similar items cleared from the antenna area, and regular landscape maintenance. (1) Landscaping Maintenance. a. All trees, foliage and other landscaping elements on a wireless telecommunication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead or decayed landscaping. Modifications to the landscape plan shall be submitted for approval to the Planning Department. (2) Lighting. a. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable Federal Law or FCC rules. Lighting shall be maintained in good condition at all times, including any shielding to reduce light impacts to neighboring properties. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.993.  Periodic safety monitoring. (a)   As requested by the planning director, all wireless telecommunication providers shall submit a certification attested to by a licensed engineer expert in the field of RF emissions, that the facilities are and have been operated within the then current applicable FCC standards for RF emissions. (b)   Any wireless telecommunication facilities operated and/or maintained in violation of FCC emission standards shall be subject to permit revocation by the planning commission under section 26-253. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.994. Posting of Ownership Information. In the event that a wireless telecommunication facility changes ownership, change of ownership notification must be posted on-site within sixty (60) days of the ownership change. The ownership and contact information shall be posted on site, on the wireless facility or the equipment. Sec. 26-685.995.  Abandonment provisions. (a) The provider and/or property owner shall be required to remove the facility and all associated equipment and restore the property to its original condition within ninety (90) days after the abandonment, expiration, or termination of the conditional use permit or administrative use permit. (b) The provider shall notify the City of its intent to remove the wireless telecommunications facility at least thirty (30) days prior to implementation. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.996.  Required modifications. Notwithstanding, the city may add conditions after issuance of the conditional use permit or other permit if necessary to advance a legitimate governmental interest related to health, safety, or welfare; provided, however, that no one condition by itself may impose a substantial expense or deprive the applicant or provider of a substantial revenue source. Any condition relating to technological changes shall comply with applicable Federal Communications Commission (FCC) and Public Utilities Commission (PUC) standards. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.997.  Application requirements. In addition to the submittal application requirements pursuant to division 1, article VI of this chapter, the following information shall also be provided: (1)   All wireless telecommunication providers shall submit a wireless telecommunications master plan for city review and approval. Providers who operate and maintain existing antenna facilities shall submit this master plan for review and approval within one (1) year of the effective date of this division or concurrent with a request to modify or alter an existing facility, or for the placement and installation of a new antenna facility, whichever is sooner. Proprietary information, when so designated, will not be available for public review. (2)   A "justification study" shall be submitted from each wireless telecommunication applicant indicating the rationale for selection of the proposed site in view of the relative merits of any feasible alternative site within the service area. This study shall also include the applicant's approved master plan which indicates the proposed site in relation to the provider's existing and proposed network of sites within the city and surrounding areas. For modifications or alterations to existing facilities, the applicant may be required to submit a "justification study" limited to the need to modify, alter, or expand the facility. (3)   All wireless telecommunication applicants shall submit a "co-location study." This study shall examine the potential for co-location at an existing or a new site. A good faith effort in achieving co-location shall be required of all applicants. Applicants which propose facilities which are not co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location. (4)   All wireless telecommunication applicants shall provide a visual analysis, including photographic simulations, to ensure visual and architectural compatibility with surrounding structures. (5)   Other relevant information requested by the planning director or his/her authorized representative. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Sec. 26-685.998.  Findings. In addition to the findings for approval required pursuant to section 26-247 (conditional use permits), the following findings shall also be met: (1)   The facility structures and equipment are located, designed, and screened to blend with the existing natural environment or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community. (2)   The facility is designed to blend with any existing supporting structures and does not substantially alter the character of the structure or local area. (Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) Secs. 26-685.998, 26-685.999.  Reserved.