02-01-2011 - Ordinance for Adoption, Code Amendment #09-04, Wireless Telecommunication Facilities0
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Susan Rush
Assistant City Clerk
SUBJECT: ORDINANCE FOR ADOPTION
City of West Covina
Memorandum
AGENDA
ITEM NO. 4
DATE: February 1, 2011
CODE AMENDMENT NO.09-04
WIRELESS TELECOMMUNICATION FACILITIES
RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. � 14 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO
WIRELESS TELECOMMUNICATION FACILITIES (CODE AMENDMENT NO.
09-04)
DISCUSSION:
This ordinance was initially introduced at the Council/CDC Joint Meeting of November 2, 2010
and subsequently reintroduced at the Council/CDC Joint Meeting of January 18, 2011. The
purpose of the ordinance is to update various sections of the Municipal Code related to
telecommunications facilities.
At the November 2, 2010 Council/CDC meeting, the Council approved an amendment to the
ordinance regarding the distance between cell towers and consequently, the ordinance was
reintroduced on January 18, 2011 to include the amendment and is now being brought back for
adoption.
The ordinance will become effective 30 days after its adoption on March 3, 2011.
FISCAL IMPACT:
There is no fiscal impact with the adoption of an ordinance except for minor costs associated
with updating the municipal code books.
Prepared by q,4garet Garcia
Deputy City C erk
Attachment: 1. Ordinance
Approved by gusan Rush
Assistant City Clerk
2. January 1,8, 2011 Staff Report Item #7
•
•
ATTACHMENT NO. 1
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO WIRELESS
TELECOMMUNICATION FACILITIES (CODE AMENDMENT NO.09-04)
WHEREAS, Code Amendment No. 09-04 is a City -initiated code amendment regarding
wireless telecommunication facilities; and
WHEREAS, on the 13d' day of October, 2009, the Planning Commission initiated a code
amendment related to wireless telecommunication facilities; and
WHEREAS, the Planning Commission, on the 23`d day of February, 2010 and the 13th day
of April, 2010, conducted study sessions; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 141h day
of September, 2010, conduct a duly advertised public hearing as prescribed by law; at which time
the Planning Commission adopted Resolution No. 09-5386 recommending to the City Council
approval of Code Amendment No. 09-04; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 19th day of October, 2010; and
WHEREAS, the City Council requested that the code amendment be reintroduced in
order to change the proposed one -quarter mile separation between freestanding wireless
telecommunication facilities back to the current requirement of a one-half mile separation at a
second reading on the 2nd day of November, 2010; and
WHEREAS, the City Council considered the revised code amendment on the 181h day of
January, 2011; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) shall be amended to update,
clarify, and establish requirements for wireless telecommunication facilities, including
development and design standards.
2. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment, which does not
have the potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina does resolve as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 09-04 is hereby found to be consistent with the West Covina General Plan and
implementation thereof.
SECTION NO. 2: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the
CEQA Guidelines, in that the proposed action consists of a code amendment, which does not
have the potential for causing a significant effect on the environment.
SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter
26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A
• 9
Ordinance No.
Page 2
SECTION NO.4: The City Clerk shall certify to the passage of this Ordinance and shall
be published as required by law.
APPROVED AND ADOPTED on this 1st day of February 2011.
Mayor Steve Herfert
ATTEST:
City Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 181h day of January 2011. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1" day of
February 2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
•
EXHIBIT 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 andlor 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 (2 1) 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).
Page 2
(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- ree 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. 26-685.995. 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)
Page 3
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 no ordinance at any time.
(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97) .
Sec. 26-685.989.. Design standards
Page 4
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.
Page 5
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.
if
Page 6
(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
Page 7
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.
OTTACHMENT NO. 2
City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA
and City Council ITEM NO. 7
DATE January 18, 2011
FROM: Jeff Anderson, Acting Planning Director
SUBJECT: REINTRODUCTION OF CODE AMENDMENT NO.09-04
WIRELESS TELECOMMUNICATION FACILITIES
RECOMMENDATION:
It is recommended that the City Council introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO WIRELESS
TELECOMMUNICATION FACILITIES (CODE AMENDMENT NO.09-04)
DISCUSSION:
At its meeting of September 14, 2010, the Planning Commission recommended approval of Code
Amendment No. 09-04 on a 5-0 vote. This ordinance was introduced at the City Council meeting
of October 19, 2010.
During the second reading of the code amendment at its meeting of November 2, 2010, the Council
voted 3-0 (.Touhey recused) to reintroduce the code amendment and change_ the proposed one -
quarter mile separation between freestanding wireless telecommunication facilities back to the
current requirement of a one-half mile separation. A one -quarter mile separation between wireless
facilities originally was proposed to reduce or eliminate the number of variance applications. The
Council expressed concern about residents' reactions to the separation reduction and determined
that it is most appropriate for applicants to apply for a variance if they wish to deviate from the one-
half mile separation requirement.
FISCAL IMPACT:
There is no fiscal impact with the adoption of an ordinance except for minor costs associated
with updating the municipal code books.
Prepared by' =mjn
Reviewe roved by: Jeff Anderson
Assistant Acting Planning Director
Attachments:
Attachment 1—
Draft Code Amendment Ordinance
.Attachment 2
— City Council Minutes, November 2, 2010
Attachment 3
— City Council Minutes, October 19, 2010
Attachment 4
— City Council Staff Report, October 19, 2010
Attachment 5
—Planning Commission Resolution No. 10-5386
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. ATTACH M'E N T 1
ORDINAN C E NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF , WEST
COVINA, CAL'IFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO WIRELESS
TELECOMMUNICATION FACILITIES (CODE AMENDMENT NO.09-04)
WHEREAS, Code Amendment No. 09-04 is a City -initiated code amendment regarding
wireless telecommunication. facilities; and
WHEREAS, on the 13th day of October, 2009, the Planning Commission initiated a code
amendment related to wireless telecommunication facilities; and
WHEREAS, the Planning Commission, on the 23rd day of February, 2010 and the 13th day
of April, 2010, conducted study sessions; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 14th day
of September, 2010, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission adopted Resolution No: 09-5386 recommending to the City Council
approval of Code Amendment No. 09-04; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 19th day of October, 2010; and
WHEREAS, the City Council requested that the code amendment be reintroduced in
order to change the proposed one -quarter mile separation between freestanding wireless
telecommunication -.facilities back to the current requirement of a one-half mile separation at .a
second reading on the 2nd day of November; 2010; and
WHEREAS, the City Council considered the revised code amendment on the 18th day of
January, 2011; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) shall be amended to update,
clarify, and establish requirements for wireless telecommunication facilities, including
development and, design standards.
2. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment, which does not
have the potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina does resolve as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 09-04 is hereby found to be consistent with the West Covina General Plan and
implementation thereof.
SECTION NO. 2: The proposed action is considered to be exempt from the provisions
of the California. Environmental Quality Act (CEQA), pursuant to Section- l 5061(b)(3) of the
CEQA Guidelines, in that the proposed action consists of a code amendment, which does not
have the potential for causing a significant effect on the environment.
SECTION NO..3: The City Council of the City of West Covina hereby amends Chapter
26 (Zoning) of the West. Covina Municipal Code to read as shown on Exhibit "A".
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Ordinance No.
Code Amendment No. 09-04
January 18, 2011 - Page 2
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
be published as required by law.
PASSED AND APPROVED on this 18th day of January, 2011.
J
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. was regularly introduced and placed upon its first reading at a
regular meeting of the . City Council on the 18th day of January, 2011: That; thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15th day
of February, 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
APPROVED AS TO FORM:
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EXHIBIT 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. 26-685.98 1. 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) Alternative antenna suppert strueture sha4l mean any manmade ttee, eleek tower
light pole, or similar alter -native design mounting stmetufe that eafaeuflages or- eeneea
(2) (1) Amateur and/or citizen band antenna shall mean ariy antenna used for the
operation of amateur and/or citizen band radio stations and which is licensed by the
Federal Communications Commission.
(4) (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.
(4) (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.
(5) (4) Antenna, ground -mounted shall mean any antenna which is attached or. affixed to
a freestanding wireless facility antenna suppaA stmettffe with its base placed directly on
the ground, specifically including but not limited to, monopoles and faux trees.
(6) fQ 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.
(7) (6) Antenna height shall mean, when referring to any freestanding wireless facility,
^le or other antenna suppeA .,traetu fe, the distance measured from ground level
to the highest point on the support structure, including antennas measured at their highest
point.
(8) Antenna suppert strueture shall r�iean a freestanding mast, mon --ef
tower ufilii5ed rnr the purpose of suppaFfing afl antenna(s) as a d i.
{� ) 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.
(" L81 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.
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{ (9) FCC shall mean an abbreviation which refers to the Federal Communications
Commission.
(10) Free-stundinQ 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).
0-2) (11) '` Radiofrequency emissions (RF) shall mean -the electromagnetic signals
transmitted and received using wireless telecommunication antennas.
Reception window, shall mean the area within the direct line between a
landbased antenna and an orbiting:satellite. -
{-) 4} (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.
(1-54 (14) Wireless telecommunication facility shall mean a mechanical device, land
and/or structure'that is used to transmit and/or receive electromagnetic I 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, att'nna flpert . .
��-,.,equipment buildings or cabinets,'parking areas, and other accessory
development.
(4,-6) (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.26-68.5,983. 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 (2 1) inches in diameter-.
(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97)
See.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 pole§, 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 thantwelve (12) feefare prohibited in, residential zones.
(Ord. No. 1991i §§ 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
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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 meftppele of an4enna suppeft stfuet 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
JbI(a4 Location on property.
(1) Freestanding wireless facilities or roof -mounted satellite dishes greater than
twenty-one (2 1) inches in diameter and located in residential zones.
a. No freestanding wireless facilities ai4em�as afid antenna suppei4 st-Fuetwes shall be
permitted in the required side yard or front yard.
b. No freestanding wireless facilities antennas and antepAia i4 +urn shall be
permitted within five (5) feet of the rear property line. rr
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. NosuppeFtfree-standing
wireless facilities shall be permitted in the required front or street side yards of the
underlying zone.
b. No suppei4free-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. Nostfueter-esfree-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.
fel(i) Height restrictions.
(1) No tifes free-
standing wireless facilities shall exceed sixty (60) feet in height measured from the
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average finished grade of the subject site; except as otherwise approved under section 26-
685.990.
(2) No roof -mounted antennas and antenna tefes 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 menepeles and altemative suppert stiflUetiffives 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.
Chain link feneing and bar -bed wire may be used ef34y in th-ASe. e-Ase-S 14ere aeeessery
di�tefm.
(2) Antenna surfaces and freestanding wireless facilities suppei4 stru es 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 antenna support except to indicate danger.
(4) The smallest size an panels feasible shall be used at each facility.
(5) All wireless telecommunication facilities shall be installed with multi-liflgual
signage including the RF hazard warning symbol identified within FCC regulations, to
notify persons that the facility could cause exposure to RF emissions.
O Once the appropriate entitlement has been obtained, wireless facility. providers
(7), Any lighting installed in the equipment area shall be located to illuminate only
the equipment area and shall not illuminate areas outsideAhe 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 buildingfacade 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)
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Fred -standing wireless`facilities.
(1),_Freestanding.wireless facilities
stfuetur-esshall be located a minimum of a 13_. one -quarter mile. from any other
freestanding wireless,facility , e3adpe a or alte,. ,ativo eFt §traet4e, except
as otherwise approved under section 26-685.990.
(2)
All
freestanding wireless facilities: shall be stealthed to eliminate or substantial
ly reduce
their visual and aesthetic impacts from the surrounding public riahts-of-way'and
adiacent properties: `r For example, if a grove of palm trees exists.at"'a proposed antenna
site; then a manmade tree (monopalm) shall be used. M th4r- thm a nenepeW.) If
antennas are proposed to be locatedwithin the city's regional entertainment%sho ' ing
districts, antennas shall be concealed within signs, clock towers, or similar structures that
are :compatible with the surrounding'land uses:
1.
(3) Freestanding wireless facilities designed as faux trees.
a. Freestanding wireless' facilities designed as faux trees shall bear a realistic
resemblance tothe type of tree that it is designed after to the greatest extent
possible, with emphasis on features includina 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 coniunction with
a freestanding wireless facility shall be located in an underground vault when
located on City-owned-properiy, 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 techn6lo66f stealth ng 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 shalfbe ungraded to provide` screening for any additional
equipment or enclosures.
d. All electricalwires 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 antennas) 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 arty 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., aparapet, 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,,§§ 15 2(Amd.. 275, Exh. A), 4-1-97)
Sec.' 26-685 990. Deviation from certain development and design standards.
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Deviation from the height requirements and minimum distance between Hid
freestanding wirelesslkcihties.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- twes
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 obstr iction-free reception
window.
(3) The relief from the development standards results ina 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 me opeles era ai+e,.,,a* _ e Y » ;4 +r `t
Fes
freestanding wireless facilities closer than one-half 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 specifiedby:th `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..e€
planter land
(1) Landscaping Maintenance.
a. All trees, foliage and -other landscaping elements on a wireless
Page 7 .
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. 26-685.995994. 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. 26-685.996995. 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. 26-685.997996. 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.4he potential for co -location at an -existing cr anew 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.
Z:\Case Files\CODE AMEND\2009\09-04 Wireless Telecommunications Facilities\Municipal Code_text.doc
Page 8 •
(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.26-685.99899-7. 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.
City Council/CDC Minutes of November 2, 2010
That no parking on street sweeping days be implemented on
Chalburn Avenue from Workman Avenue to Pacific Lane'
every Tuesday of each month from 7:00 a.m. to 3:30 p.m.
Traffic Committee Recommendation
That no parking on street sweeping days be implemented on
Chalburn Avenue from Workman Avenue to Pacific Lane
every Tuesday of each month from 7:00 a.m. to 3:30P.m.
6)
City Manager's Office -Miscellaneous
SCAG Business Principles Reso
Resolution Supporting the Business Friendly Principles Contained
within the Southern California Association of Governments'
Southern California Economic Growth Strategy
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-53
RESOLUTION NO. 2010-53 =.A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SUPPORTING THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS' BUSINESS FRIENDLY
PRINCIPLES, A COMPONENT IN THE DEVELOPMENT OF A
SOUTHERN CALIFORNIA, ECONOMIC GROWTH
STRATEGY
7)
Police Department - Miscellaneous
Click -It or Ticket Mini -Grant
.2010-2011 O.T.S. "Click It or Ticket" Mini -Grant
Recommendation is that the City - Council. accept the 2010=2011
"Click It or Ticket" Mini -Grant from the State Office of Traffic`
Safety,(OTS) and appropriate $3,799.04 into 207.31.3120.5113 for
seatbelt enforcement overtime.
CONSENT CALENDAR ACTION
Motion by Touhey and seconded by Herfert to approve all items on
the Consent Calendar as recommended except Item #3 - Code
Amendment No 09-04 — Wireless Telecommunications Facilities
which was discussed and voted'' separately
Motion carried by 4 - 0.
Councilmember Touhey did not participate in the discussion of Item #3 and left the room at 7:37
O.M.
Item #3
Code Amendment No. - 09-04 — Wireless Telecommunications
Facilities
Mayor Pro Tern Herfert inquired about the reason for shortening
the distance from %2 mile to '/4 mile between towers.
Acting Planning Director Jeff Anderson "responded that
while the code requires a % mile ' separation the Planning
Commission had approved numerous variances reducing the
distance , between towers and therefore, they decided to set the
smaller distance as a standard.
Mayor. Pro Tern Herfert expressed concerns that residents
might feel the change from %2 mile to '/4 mile may appear to give a
blanket .policy that anything withina 1/4 mile, will always be
approved. and suggested that a variance might be a better way to
go.
Motion
Motion by Herfert and seconded by: Lane to bring back the code
amendment changing it `back to .the .1/2 mile requirement between
cell towers.
Motion carried by 3 - 0 (Touhey did not participate).
Councilmember Touhey returned to the dais at 7:40'p.m.
4