01-18-2011 - Reintroduction of Code Amendment #09-04 Wireless Telecommunications Facilitiesu
E
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.
Zeviewe roved by: Jeff Anderson
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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ATTACHMENT 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 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 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 191h 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 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".
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Ordinance No. • •
Code Amendment No. 09-04
January 18, 2011 - Page
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.
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 181h 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:
City Attorney
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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.26-685.981. 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:
,
light pole, or- similar- afternative design fneunfing stfuetufe tha4 eametiflages or- eenee
(2)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.
(3)1 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)1 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.
(-!;) 1 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.
(6)1 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. 1
(7) (6) Antenna height shall mean, when referring to any freestanding wireless facility,
^le ^ other antenna suppeA st,-uet , the distance measured from ground level
to the highest point on the support structure, including antennas measured at their highest
point.
($) Antenna suppert s-truetuue shall mean a freestanding .,..,,sty ,., olog tripod
tower- utilized for- the purpose of s,..effi g a antenna(s) as defined above.
(9)1 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.
(1-0) () 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.
Page 2 0 •
(M (9) FCC shall mean an abbreviation which refers to the Federal Communications
Commission.
(10) Free-standink 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).
(-lam (11) Radiofreguency 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.
{-1-4) (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.
" (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, antenna suppei4
*..,, equipment buildings or cabinets, parking areas, and other accessory
development.
40 5) 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
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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
antenna1LV1111LL JLi
ten py ViL ft stfuetur-es and .,lte a4i me et s 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. 1 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 menepele „*o,,n suppei4 stme*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:
O Site selection.
(l) City -owned properties shall be considered before privately -owned properties
where wireless telecommunication facilities are permitted.
f!?I(a) 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 antenna suppeA stmetufes of altemative antenna support stfuetures 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. Antema suppei4 stfuetu Freestanding wireless facilities shall be located to the
extent feasible to the rear of all existing buildings on the property.
Lcj(-b) Height restrictions.
(1) No 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 nn+nnnn suppeA s4zu.t,,..oss 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.
Chain link feneing and bafbed wire may be usedon!y in these eases where n
suppeft f4eilifies are not easily seen fr-afn publie view as detefmined by the planning
tD
(2) Antenna surfaces and freestanding wireless facilities sappoA s*f-tiet r-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 suppeft stfuettife, 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) .
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Free-standing wireless facilities.
(1) Freestanding wireless facilities
shall be located a minimum of one hal one -quarter mile from any other
freestanding wireless facility m ^le ef .,l+or...ative antef,,^ suppoi4 str- ,.tufe, except
as otherwise approved under section 26-685.990.
proposed 111
(2) Allmonopoles shall be of a slim or tapered design with ,.1:..,1 ing spikes
\L f l
wed ne-lewer- than seven (7) feet ffem the base of the menepele. Monopoles and
altefnative antenna suppoA stfuetur-es shall be painted to mateh their- su"Oundings.
)1 A 1*0..,, alive antenna � eA s+,-.,..tufes (e g ade trees) shall be i liet 0
manopoles where the oppeAunity exists er- where visibility impaets afe a eenee
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.
E 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 (2 1 ) 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.
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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
and alte ...alive affte„n., c ppei4 st f. , t+ffes 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-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 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. e€
planter land
(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.
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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�94. 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.
M 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. 26-685.99699-5. 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. 26-685.9979%. 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 er 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.
ZACase 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), 4-1797)
Sec.26-685.9989P. 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.
Z:\Case Files\CODE AMEND\2009\09-04 Wireless Telecommunications Facilities\Municipal Code_text.doc
MINUTES ATTACHMENT 2
REGULAR JOINT MEETING OF THE
WEST COVINA CITY COUNCIL
WEST COVINA COMMUNITY DEVELOPMENT COMMISSION
November 2, 2010
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:03 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION
PLEDGE OF ALLEGIANCE
Pastor Mason Okubo
Immanuel First Lutheran Church
Mayor/Chairman Sanderson
ROLL CALL Mayor/Chairman Sanderson
Mayor Pro Tem/Vice Chairman Herfert
Councilmember/Commissioner Lane, Touhey
Absent: Councilmember/Commissioner Hernandez
REPORTING OUT FROM CLOSED SESSION None
CHANGES TO THE AGENDA
Motion
PRESENTATIONS
ORAL COMMUNICATIONS
Councilmember Touhey requested to add Water Quality Authority
Appointment to the agenda stating information (nominees who are
eligible candidates) came to the attention of the City after the
posting of the agenda.
Deputy City Attorney Gorman stated the criteria to add an
item to the agenda and that it would require a 4/5t' vote of the
council.
Motion by Touhey and seconded by Herfert to add the Water
Quality Authority Appointment to the agenda.
Motion carried by 4 — 0.
Mayor Sanderson introduced Genoveva Arellano who made a brief
presentation on the proposed California Light Rail project.
Mayor Sanderson introduced Mike Quinn, manager of the American
Little League Major Cardinals, who introduced his team and
presented each with a certificate of recognition of winning the
District 29 Major Tournament of Champions.
Mayor Sanderson introduced Frank Valles, manager of the Red Sox,
who introduced his team and presented each with a certificate of
recognition for winning the District 19 Minor Tournament of
Champions.
Mayor Sanderson presented Public Works Director Shannon
Yauchzee with a proclamation designating November 15, 2010 as
America Recycles Day.
George Ogden George Ogden, West Covina resident, announced Veterans Day
event on Thursday, November 11, 2010, at the VFW, 2328. W.
Merced, West Covina.
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City Council/CDC Minutes of November 2, 2010
Alfred Williams Alfred Williams, West Covina resident, thanked Council for the
new agenda information with audio on the Internet, but requested
consideration of video.
Shirley Buchanan Shirley Buchanan, West Covina resident, thanked Council for the
new agenda system; addressed the wireless telecommunications
facilities Code Amendment on the agenda; inquired into whether
the Tribune attends meetings and had several questions regarding
wireless telecommunications towers.
Luis Aguinaga Luis Aguinaga, South El Monte, spoke on the Water Quality
Authority appointment.
Mayor Sanderson asked about the addition of the Water Quality
Authority item and where it should go on the agenda.
Deputy City Attorney Gorman stated it should go at the end
of the Agenda and also stated that the document for this item has
been provided for the public's review.
CONSENT CALENDAR
1) Approval of Meeting Minutes (receive & file)
Minutes Regular City Council Minutes of September 21, 2010
Regular CDC Minutes of September 7, 2010 (corrected)
Regular CDC Minutes of October 5, 2010
Special CDC Minutes of October 19, 2010
Special PFA Minutes of September 7, 2010
2) Commission Summary of Actions (receive & file)
Summary of Actions Planning Commission 10/26/10
Action taken following action on consent calendar.
3) Ordinances for Adoption
Wireless Telecomm. Facilities Code Amendment No. 09-04
Wireless Telecommunication Facilities
Recommendation is that the City Council adopt 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)
4) Award of Bid
Crosswalk/Sidewalk Award of Bid for School Crosswalk and Sidewalk Improvements
Improvements — on Workman Avenue at Phillips Avenue — Project No. TP-11502
Workman/Phillips Avenues and Federal Project No. HSIPL-5259(020)
Recommendation is that the City Council take the following
actions:
1. Accept the bid of Freeway Electric, Inc. in the amount of
$58,008.00 as submitted at the bid opening on October 19,
2010 and authorize the Public Works Director/City Engineer
and City Clerk to execute a contract with Freeway Electric, Inc.
to perform the work.
2. Transfer $7,280 from City Project No. SP-07117
(215.81.8779.7200) to City Project No. TP-11502
(215.85.8137.7800)
5) Traffic Committee Minutes -October 19, 2010 (accept & file)
Traffic Committee Minutes I. Request:
West Covina School District
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City Council/CDC Minutes of November 2, 2010
That a school bus loading zone for school days be established
at Monte Vista Elementary School on the North side of Puente
Avenue West of Conlon Avenue.
Traffic Committee Recommendations
That a school bus loading zone for school days be established
at Monte Vista Elementary School on the North side of Puente
Avenue West of Conlon Avenue.
II. Request:
Albert Escobar, West Covina Resident
That multi -way stop be installed at the intersection of Delvale
Street and Tonopah Avenue.
Traffic Committee Recommendation
That a 36x45 standard size 25 miles -per -hour speed limit sign
(R2-1) with "Radar enforced" plate be installed on east and
westbound approaches of Delvale Street between Orange
Avenue and Sunset Avenue.
That the Police Department increase speed enforcement as
feasible.
That 25 feet red curb be installed on west side of Delvale
Street north of Tonopah Avenue.
That 25 feet red curb be installed on east side of Delvale
Street south of Tonopah Avenue.
III. Request:
Adam Garcia, West Covina Resident
That parking on east side of Carvol Avenue from Elgenia
Street to the end of the street be restricted to permit only
parking.
Traffic Committee Recommendation
That parking on east side of Carvol Avenue from Elgenia
Street to the end of the street be restricted to permit only
parking.
IV. Request:
Yvonne and Donald Peterson, West Covina Residents
That no parking on street sweeping days be implemented on
Pele Court from Petunia Street to end of street every Friday 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
Pele Court from Petunia Street to end of street every Friday of
each month from 7:00 a.m. to 3:30 p.m.
V. Request:
Abraham Valladares, West Covina Resident
That no parking on street sweeping days be implemented on
Radway Avenue from Roxbury Street to Wembly Street every
Monday 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
Radway Avenue from Roxbury Street to Wembly Street
every Monday of each month from 7:00 a.m. to 3:30 p.m.
VI. Request
Gerald and Charlene Wilson, West Covina Residents
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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 3:30 p.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 on separately
Motion carried by 4 — 0.
Councilmember Touhey did not participate in the discussion of Item #3 and left the room at 7:37 p.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 %2 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 % mile to '/4 mile may appear to give a
blanket policy that. anything within a '/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 '/z 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.
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City Council/CDC Minutes of November 2, 2010
CITY COUNCIL/COMMUNITY -DEVELOPMENT COMMISSION REQUESTS FOR
REPORTS, STUDIES OR INVESTIGATIONS
8) Councilmember Michael Touhey
Foothill Transit Parking Structure Request from Councilmember Michael Touhey Requesting the
City Council's consensus to Instruct City Staff to Study the
Possibility of Constructing the Foothill Transit Parking Structure at
the Westfield Shopping Center
Councilmember Touhey requested consensus to bring back a report
on the possibility of building a parking structure near the Firestone
and Margarita Jones businesses to accommodate the 98% of bus
riders to be able to park closer to the bus stop instead of parking
and having to walk from the Elephant Bar.
Mayor Pro Tern Herfert commented that he would prefer
Foothill Transit and Westfield give the City some input to show
interest in this.
Motion Motion by Touhey and seconded by Sanderson to approve bringing
back a brief report on a parking structure for Foothill Transit bus
riders.
The following item was added to the agenda earlier by a unanimous vote of the Council under Changes
to the Agenda
Water Quality Authority Appointment
Water Quality Authority Motion by Touhey and seconded by Herfert to elect South El
Monte Mayor Luis Aguinaga to the Board and adopt the following
resolution
Resolution No. 2010-54 RESOLUTION NO. 2010-54 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CASTING ALL 11 VOTES FOR SOUTH EL MONTE MAYOR
LOUIE AGUINAGA TO REPRESENT CITIES WITHOUT
PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE
SAN GABRIEL BASIN WATER QUALITY AUTHORITY
Motion carried by 4 — 0.
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS
Mayor Pro Tern Herfert requested that the Reorganization of the
Council be held over to the first meeting in December as he will be
out of town during the next meeting.
ADJOURNMENT Motion by Touhey and seconded by Lane to adjourn the meeting at
7:45 p.m. in memory of Dr. Norman Snyder, a former West
Covina Mayor.
Motion carried by 4 — 0.
Submitted by:
Assistant City Clerk Susan Rush
Mayor Shelley Sanderson
5
MINUTES ATTACHMENT 3
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
October 19, 2010
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:03 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Reverend Mary Hollifield
West Covina United Methodist Church
PLEDGE OF ALLEGIANCE Councilmember Touhey
ROLL CALL Mayor Sanderson, Mayor Pro Tern Herfert, Councilmembers
Hernandez, Touhey
Absent: Councilmember Lane
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session all items on the CDC
agenda were announced for inclusion in the closed session
discussion. Chairman Sanderson, Vice Chairman Herfert and
Commissioner Touhey were present.
Items on the CDC agenda:
Conference with Real Property Negotiators - Property:
1420 South Willow Avenue. West Covina, CA 91790 - City
Attorney Alvarez-Glasman reported that direction was provided by
Agency negotiators to the CDC with no further action and nothing
further to report.
Conference with Real Property Negotiators - Property:
1230 & 1240 Lakes Drive, West Covina, CA 91790 - City
Attorney Alvarez-Glasman stated that a presentation was made by
the Agency's negotiators, direction was given to staff with no
further action and nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant announced, language changes to Item D-3d,
Retirement Benefit — Miscellaneous Employees — to comply with
Public Employees Retirement System laws.
PRESENTATIONS Mayor Sanderson introduced Assemblyman Ed Hernandez who
introduced Dr. William Good who was selected by the Assemblyman
to be honored as the 57t' Assembly District Holocaust Survivor of
the Year.
Mayor Sanderson recognized Coronado High School Principal Dr.
Julio Fonseca for the school's .excellent performance during the
2009-2010 school year.
Mayor Sanderson, assisted by Michele McNeill, Community
Services Director, presented Michelle Souza, winner of the
September Photo contest, with a certificate of recognition.
Mayor Sanderson assisted by Josh Quintanar, manager of the West
Covina Youth Pony Baseball Shetland Team, who won the 2010
Zone Championship, presented the team certificates of recognition.
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City Council Minutes of October 19, 2010
Mayor Sanderson assisted by James Duronslet, manager of the
West Covina Youth Pony Baseball Foal World Series Champions,
presented certificates of recognition to the players.
ORAL COMMUNICATIONS
Joanne Wilner Joanne Wilner, West Covina resident, objected to the sale of Civic
Center property adjacent to the Library stating that the Civic
Center should be for civic building and any new parking should be
underground; and inquired as to who "miscellaneous employees"
are as they relate to the PERS Amendment.
Elsie Messman Elsie Messman, West Covina resident, addressed T-Mobile
wireless antennas proposed for Fire Station #5 expressing concerns
with excessive towers in the area.
Lorena Henning Lorena Henning, National Little League at Del Norte Park,
presented plaques to Councilmembers Sherry Lane, Steve Herfert,
and Michael Touhey for their continued support.
Fredrick Sykes Fredrick Sykes, West Covina resident, addressed
telecommunication towers and requested a temporary moratorium
to restructure guidelines and to develop a master plan for such
towers; supported upholding the Planning Commission decision to
deny off -sale service of alcohol at Walgreens on Glendora Avenue;
opposed sale of Civic Center property.
Mayor Louie Aguinaga Mayor of South El Monte, Louie Aguinaga, requested support for
his candidacy for the San Gabriel Basin Water Quality Authority.
Mayor Sanderson requested input regarding Federal regulations on
cell towers.
City Attorney Alvarez-Glasman responded that the City Council
could base their decision on any factor they wish, but if it is based
solely on health issues, the Federal courts. will set aside those
factors.
CONSENT CALENDAR Councilmember Steve Herfert requested that Items D-3c Lease
Agreement with T-Mobile West Corporation to Co -Locate a Radio
Tower at Fire Station S and D-3d Retirement Benefit —
Miscellaneous Employees be pulled for separate consideration.
Councilmember Hernandez requested Item D-3a Exclusive
Negotiating Agreement with CGM Development be pulled for
separate consideration. Councilmember Touhey stated he would
leave the room to recuse himself due to a conflict of interest during
discussion of Item D-3c.
D-1 City Council Meeting Minutes (receive & file)
Minutes Regular Meeting Minutes of September 7, 2010
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Community Services 07/13/10
b) Planning 10/12/10
c) Senior Citizens 06/24/10
This item pulled for separate discussion
D-3a Miscellaneous — Community Services Department
ENA Civic Center Exclusive Negotiating Agreement with CGM Development
Recommendation is that the City Council approve a 180-day
Exclusive Negotiating Agreement with two (2) 60-day option
periods with C.G.M. Development, Inc. ("Developer") in order to
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City Council Minutes of October 19, 2010
negotiate the terms of sale and development of approximately 2.2
acres portion of the Civic Center site.
D-3b 2011 Greater Los Angeles Homeless Count Conducted by the Los
LA Report Homeless Count Angeles Homeless Services Authorily (LAHSA)
Recommendation is that the City Council receive and file this
report.
This item pulled for separate discussion
D-3c Miscellaneous - Finance Department
T-Mobile Lease/Fire Sta. 5 Lease Agreement with T-Mobile West Corporation to Co -Locate a
Radio tower at Fire Station 5
Recommendations is that the City Council approve the proposed
Lease Agreement authorizing T-Mobile West Corporation to lease
284 square feet of space to house ground equipment and install
wireless antenna on the City owned Radio Tower at Fire Station 5
for a wireless site.
This item pulled for separate discussion
D-3d Miscellaneous - Human Resources Department
Misc. Employees 2% @ 60 Retirement Benefit— Miscellaneous Employees
In order to implement the change in retirement benefit from 2.5%
@ 55 to 2% @ 60 for miscellaneous employees entering
membership for the first time in the miscellaneous classification, as
previously approved in the Memorandums of Understanding and
the City's Last Best and Final Offer with five miscellaneous
bargaining units, the City Council is requested to introduce the
following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF WEST COVINA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
D-3e Miscellaneous - Police Department
Motorola Radio Purchase Mobile Radio 'Purchase Using 2008 State Homeland Security
Grant Program Funds
Recommendation is that the City Council authorize the direct
purchase of seven (7) equipped vehicle mounted XTL 5000 mobile
radios from Motorola's authorized regional distributor (Advanced
Electronics) under Los Angeles County contract pricing MA-IS-
43070-6, totaling $34,481.17, using 2008 State Homeland Security
Grant funds, account 227.31.3110.6999.
D-3f Additional 2009-2010 Supplemental Law Enforcement Services
SLESF Grant Fund (SLESF) Grant Funds
Recommendation is that the City Council appropriate the
additional $40,723.86 funds from the State under the Supplemental
Law Enforcement Services Fund (SLESF) grant into
155.31.3110.6290 for unbudgeted police supply items.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to approve all items on
the Consent Calendar as presented except items D-3a Exclusive
Negotiating Agreement with CGM Development, D-3c Lease
Agreement with T-Mobile West Corporation to Co -Locate a
Radio Tower at Fire Station 5 and D-3d Retirement Benefit —
Miscellaneous Employees. Motion carried by 4 — 0.
City Council Minutes of October 19, 2010
Item D-3a Exclusive Negotiating Agreement with CGM Development —
Councilmember Hernandez inquired about the possible sale of
civic center property, whether the financial benefits outweighed
the loss of open space and aesthetics and beauty of the city -owned
land.
Community Development Director Chung responded to
questions stating that the benefits of the project have not been
developed; that this agreement was not a purchase agreement; and
that the ENA is the method by which the financial benefits to the
City will be developed and brought back to Council for their
consideration
Councilmember Hernandez mentioned that historically,
ENAs have resulted in the sale of land and asked that the Council
take into consideration preserving the pristine nature of the City's
property.
Motion Motion by Herfert and seconded by Touhey to approve the ENA
with CGM Development as recommended.
Motion carried by 3 — 1 (Hernandez — No).
Item D-3d Retirement Benefit — Miscellaneous Employees -
As brought up by a speaker, Assistant City Manager Thomas
Bachman clarified the term miscellaneous employees refers to all
non -sworn employees.
Motion Motion by Herfert and seconded by Touhey to introduce the
following ordinance. Motion carried by 3 — 1 (Hernandez — No).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF WEST COVINA AND THE
BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Councilmember Touhey recused himself and left the room at 8:19 p.m. due to a conflict of interest
regarding Item D-3c.
Item D-3c Lease Agreement with T-Mobile West Corporation to Co -Locate
a Radio Tower at Fire Station S —
Assistant City Manager Bachman presented a brief report stating
that the proposal is for an agreement to lease space at Fire Station
5 and to co -locate antennas on a City owned Radio tower.
Discussion ensued regarding the initiation of cell tower
proposals.
Motion Motion by Herfert and seconded by Hernandez to deny the
proposed lease agreement with T-Mobile West Corporation to Co -
Locate a Radio Tower at Fire Station 5. Motion carried by 3 — 0.
Councilmember Touhey returned to the dais at 8:28 p.m.
PUBLIC HEARINGS
E-1 Appeal Hearing
Walgreens AUP — Alcohol Sales Appeal of Planning Commission Denial of Administrative Use
Permit No. 10-23
Categorical Exemption
Location: . 1131 South Glendora Avenue
Applicant/Appellant: Walgreens (Daniel J. Kramer, Haas Najarian,
LLP/Seth Merewitz, Best Best & Krie eg r• LLP)
Mayor Sanderson announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
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City Council Minutes of October 19, 2010
Mayor Sanderson then proceeded to open the hearing and Acting
Planning Director Jeff Anderson presented the staff report. The
applicant is requesting the approval of an administrative use permit
(AUP) to allow off -sale service of beer and wine in conjunction
with the operation of an existing Walgreens. Mr. Anderson
conveyed that staff has the ability to approve an AUP but due to
receiving a request from a neighboring business, the matter was
deferred to the Planning Commission. During the hearing, staff
recommended approval of the AUP to the Planning Commission,
however the Planning Commission denied the AUP due to
concerns over the nine existing liquor licenses within the subject
census tract. The applicant now appealed the decision to the City
Council.
Open Testimony Mayor Sanderson then proceeded to open the hearing and called
for public comments.
In favor Seth Merewitz, representing Walgreens, addressed license
requirements as they relate to commercial development stating that
Walgreens is only trying to provide convenience to customer
demand and to compete with -other businesses. He also stressed
they are only providing beer and wine in 6 packs and larger, no
hard liquor and requested that Council approve their appeal and
approve the license.
Mayor Sanderson inquired whether there are any other Walgreens
in the area that have been approved for such a license.
Mr. Merewitz replied that there is another Walgreens on Azusa
Avenue in West Covina as well as other neighboring cities that sell
beer and wine and they are expanding throughout the country.
Opposed Dana Sykes, West Covina resident, spoke in opposition stating
there is an over saturation of businesses which sell alcohol and
Walgreens does not need to sell alcohol stating it only brings
problems and doesn't benefit the community.
Joanne Wilner, West Covina resident, agreed with the Planning
Commission decision to deny the permit stating concern over the
crime in the area.
Lloyd Johnson, West Covina resident, requested Council uphold
the Planning Commission decision. He inquired into his previous
inquiry on ice cream trucks and, on the shooting incident at Badillo
and Orange, he requested the window be repaired and to remove
the plywood.
Rebuttal Seth Merewitz, representing Walgreens, stated that the corporation
does have policies in place regarding sale of alcohol complying
with ABC regulations and stated there is no need but the sale is a
convenience to customers and to be competitive in this economy.
Closed Testimony There being no one else wishing to address council, Mayor
Sanderson proceeded to close the public comment portion of the
hearing.
Motion Councilmember Hernandez requested to uphold the Planning
Commission decision and made a motion to deny AUP No. 10-23.
Motion failed due to lack of a second.
Councilmember Touhey addressed the issue as fair and equitable
and supports approval.
City Council Minutes of October 19, 2010
Mayor Pro Tern Herfert requested the reading of the heading of the
resolution to approve AUP No. 10-23.
Assistant City Clerk Rush presented:
Resolution No. 2010-52 RESOLUTION NO. 2010-52 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ADMINISTRATIVE USE PERMIT NO. 10-23 ON
APPEAL OF PLANNING COMMISSION
Motion Motion by Herfert and seconded by Touhey approve AUP 10-23.
Motion carried by 3 — 1 (Hernandez — No).
Councilmember Touhey left the dais at 8:58 p.m. and did not participate due to a cellular tower on his
property on Vine Ave.
Public Hearing
E-2 Code Amendment No. 09-04
Wireless Telecomm. Facilities Wireless Telecommunication Facilities
Mayor Sanderson announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given.
Mayor Sanderson then proceeded to open the hearing and Acting
Planning Director Jeff Anderson presented a brief staff report
which outlines the proposed amendments which would modify and
update various sections of the . municipal code related to
telecommunication facilities. The amendments included updating
terminology, clarifying existing code language, modifying existing
development and design standards, as well as establishing new
development and design standards. Mr. Anderson elaborated on
the more significant amendments and responded to questions.
Open Testimony Mayor Sanderson then proceeded to open the hearing and called
for public comments.
Closed Testimony There being no one wishing to address council, Mayor Sanderson
proceeded to close the public comment portion of the hearing.
Councilmember Hernandez addressed the aesthetics and objection
from residents to cell towers; opposes amendment to make it easier
to locate cell towers and would support greater than 100-foot
separation space between a wireless. facility and residence.
Mayor Pro Tern Herfert stated the purpose ' of the ordinance is to
clarify the code language relative to wireless facilities but it does
not remove Council's ability to approve or deny them as they are
brought before Council.
City Attorney Alvarez-Glasman stated that an ordinance may be
introduced with two affirmative votes, however, an ordinance will
require three affirmative votes for adoption.
Assistant City Clerk Rush presented:
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)
Motion Motion by Herfert and seconded by Sanderson to introduce the
ordinance. Motion carried by 2 — 1 (Hernandez — No).
Councilmember Touhey returned to the dais at 9:17 p.m.
on
City Council Minutes of October 19, 2010
DEPARTMENTAL MATTERS
G-1 Finance Department
Budget Update 2009-10 and 2010-11 Fiscal Years Budget Update
Assistant City Manager Thomas Bachman presented a brief report
and PowerPoint presentation which included a recap of FY 2009-
10, the first quarter financial report for 2010-11 FY, and a look
forward to the 201.1-12 FY and the challenges facing the City.
He stated that the General Fund preliminary budget for FY
2009-2010 first presented to Council contained a $9.5 million
deficit. Bachman summarized details on what was contributing to
the deficit and stated that since then, a number of actions have
reduced the deficit by almost $5 million.
During the current fiscal year, Bachman stated that revenue
sources continued to decline and explained the difficulty in
forecasting major revenues such as property taxes, franchise taxes,
etc. and said the City experienced a negative cash flow of $5.7
million during the first 3 months of the year, which is expected to
double by the end of November before property taxes and other
major revenues start to flow into the City.
Bachman expressed that although the economy shows signs
of slow growth, revenues have fallen significantly in the last few
years. The City will have to look at deeper cuts to service in the
upcoming year. Bachman briefly outlined further service
reductions that are being considered due to the City's use of
reserve funds in recent years, which will no longer be available in
the near future to fund operations.
Mayor Pro Tem Herfert inquired into the PERS payment and into
the lump sum payments for any cash outs.
Councilmember Touhey inquired as to whether lump sum payouts
are budgeted to which Bachman replied that they are.
Councilmember Hernandez inquired into projected deficit for
2011/12 FY and projected revenue sources.
Motion Motion by Herfert and seconded by Touhey to approve the
following:
1. Receive and file the budget update.
2. Appropriate $38,000 of CDBG funds to the Street Barrier
Removal Project (131.81.8025.7200).
3. Un-appropriate $324,594 from the Community Development
Commission budget to reflect the elimination of two Senior
Project Manager and one Project Coordinator positions.
Motion carried by 4 - 0.
COUNCILMEMBER REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
I-1 Mayor Pro Tem Steve Herfert
FPPC Form 460, Schedule F Request from Mayor Pro Tem Steve Herfert Requesting the
City Council Consensus to Take a Position on the California
Fair Political Practices Commission Form 460, Schedule F
(Related to Unpaid Bills)
Mayor Pro Tem Herfert requested Council's consensus to bring
back a report on Form 460 and running a campaign without
disclosing donors.
Motion Motion by Herfert and seconded by Sanderson to approve.
Motion carried by 4 — 0.
7
City Council Minutes of October 19, 2010
COUNCILMEMBER COMMENTS
Councilmember Touhey requested to agendize a request for
consensus to discuss Foothill Transit Parking structure.
ADJOURNMENT Motion by Hernandez and seconded by Herfert to adjourn the
meeting at 9:35 p.m. Motion carried by 4 - 0.
Submitted by:
Assistant City Clerk Susan Rush
Mayor Shelley Sanderson
8
l
TO:
FROM:
ATTACHMENT 4
Andrew G. Pasmant, City Manager
and City Council
Jeff Anderson, Acting Planning Director
City of West Covina
Memorandum
AGENDA
ITEM NO. E-2
DATE October 19.2010
SUBJECT: CODE AMENDMENT NO.09-04
WIRELESS TELECOMMUNICATION FACILITIES
RECOMMENDATION:
The Planning Commission and staff recommend 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:
On October 13, 2009, the Planning Commission initiated a code amendment related to wireless
telecommunication facilities. The proposed amendment is intended to modify and update various
sections of the Municipal Code related to wireless telecommunication facilities, as sections of the
Code that pertain to such facilities were last amended in 1997. Since that time, the design and
requirements of wireless facilities have evolved. The Planning Commission held two study session
to evaluate what sections of the code to amend.
The need for the amendments includes updating terminology, clarifying existing code language,
modifying existing development and design standards, as well as establishing new development and
design standards. Federal law states that no local government may regulate wireless facilities on
the basis of environmental effects of radio frequency emission when the facility is in compliance
with Federal regulations on emissions. For more information on the proposed amendments, refer to
the attached Planning Commission staff report dated September 14, 2010. The following is a list of
the proposed code changes with a brief explanation of each:
1. Revision of terminology
Removes outdated terminology including "Antenna Support Structure" and `Alternative
Antenna Support Structure" and replaces them with "Freestanding Wireless Facility".
2. Location of wireless facilities on City -owned sites
Inclusion of a development standard that requires City -owned properties to be considered
before privately owned properties.
3. Minimum 100-foot separation between wireless facilities and single- or multi -family
residences
Clarification of a development standard that specifies that 100-foot separation is measured
from the wireless facility to the property line of the residentially zoned property.
4. Noise standards
Inclusion of a development standard that prohibits wireless telecommunication facilities
from violating the City's noise ordinance.
ZACase Files\CODE AMEND\2009\09-04 Wireless Telecommunications Facilities\C.C\CC Staff Report.doc
Code Amendment No. 09-04 .
Wireless Telecommunication Facilities
October 19, 2010 - Page 2
5. Staff assistance with technical issues
Inclusion of a development standard that - enables City staff to hire a communications
consultant at the expense of the applicant if assistance is needed in understanding the
technical issues associated with a wireless telecommunications facility.
6. Security fencing for accessory support facilities (e.g., equipment cabinets)
Inclusion of development standards that define allowable materials for accessory support
facilities and prohibit chain link fencing and barbed wire (unless specifically approved by
the Planning Commission in cases where a freestanding wireless facility and equipment
cabinet are not visible from public view).
7. Lighting for accessory support facilities (e.g., equipment cabinets)
Inclusion of a development standard that prohibits accessory support facility lighting from
illuminating outside of the equipment cabinet area.
8. Business licenses
Inclusion of a development standard that requires wireless telecommunication facility
providers to obtain a business license from the City once the appropriate entitlement has
been obtained.
9. Separation between wireless facilities
Removes the minimum one-half mile separation between freestanding wireless facilities
and replaces it with a minimum one -quarter mile separation between freestanding wireless
facilities.
10. Stealthing of freestanding wireless facilities
Inclusion of a development standard that requires all freestanding wireless
telecommunication facilities to be stealthed to substantially reduce their visual and aesthetic
impacts from the surrounding public rights -of -way and adjacent properties.
11. Subterranean accessory support facilities (e.g., equipment cabinets)
Inclusion of a development standard that requires accessory support facilities to be located
underground when located in City -owned open space or park facilities unless approved by
the Planning Commission (or City Council on appeal).
12. Design requirements for Wireless Facilities
Inclusion of requirement to design wireless towers to camouflage or conceal the presence of
antennas. Specific design criteria are included for freestanding wireless facilities designed
as faux trees. Requirements include sock covers, as well as maximum density and length
feasible for branches and fronds for antenna stealthing purposes. Requirements may also
include standards that a facility bear a realistic resemblance to the type of tree that it is
designed after, with emphasis on features such as branches, fronds, leaves, needles, bulb
diameter, trunk shape and trunk diameter.
13. Requirements for co -location
Inclusion of development standards that define technological stealthing improvements or
upgrades to be made to existing facilities in conjunction with modification or expansion
Z:\Case Files\CODE AMEND\2009\09-04 Wireless Telecommunications Facilities\CC\CC Staff Repon.doc
Code Amendment No. 09-04
Wireless Telecommunication Atties
October 19, 2010 - Page 3
(co -location). Requirements for co -location include improvements or upgrades to
aesthetics, landscaping, wiring and accessory support facilities.
14. Maintenance standards
Inclusion of graffiti abatement and landscaping and lighting maintenance to the existing
development standard pertaining to the upkeep of wireless telecommunication facilities by
the provider and/or property owner.
15. Change of ownership
Inclusion of a standard that requires that change of ownership notification be posted on -site
within 60 days of ownership change of the wireless facility.
16. Abandonment
Inclusion of a standard that requires the provider to notify the City of its intent to remove
the wireless facility at least 30 days prior to implementation.
Staff has worked with the Planning Commission on the proposed changes to the wireless
telecommunication facility section of the Municipal Code. The proposed code text is attached to
the ordinance.
PLANNING COMMISSION DISCUSSION AND RECOMMENDATION:
The Planning Commission initiated the code amendment on October 13, 2009. A study session
was held on February 23, 2010 to review suggested changes to sections of the City's ordinance. A
second study session was held on April 13, 2010 to review issues that needed to be further defined
or researched by staff after the initial study session. At its meeting of September 14, 2010, the
Planning Commission recommended approval of the code amendment 5-0.
FISCAL IMPACT:
It is not anticipated that any of the proposed amendments will result in any significant fiscal
impact to the City. ,
Prepared by: Am avis Reviewproved by: Jeff Anderson
e
Planning Assistant Acting Planning Director
Attachments:
Attachment 1 — Draft Code Amendment Ordinance
Attachment 2 — Planning Commission Resolution No. 10-5386
Attachment 3 — Planning Commission Staff Report, September 14, 2010
Attachment 4 — Planning Commission Minutes, September 14, 2010
ZACase Files\CODE AMEND\2009\09-04 Wireless Telecommunications Facilities\CC\CC Staff Report.doc
. ATTACHMENT, 5
PLANNI-NG CO-MMISSION
RESOLUTION NO.10-5386
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. 09-04
RELATED TO WIRELESS TELECOMMUNICATION FACILITIES
CODE AMENDMENT NO.09-04
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, on the 13`l' day of October, 2009, the Planning Commission initiated a
code amendment related to a wireless telecommunication facilities; and
WHEREAS, the Planning Commission, on the 23`d day of February, 2010 and the 13ffi
day of April, 2010, conducted study sessions; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
14ffi day of September, 2010, conduct a duly advertised public hearing as prescribed by law;
and
WHEREAS, studies and investigations made by this Commission and in its behalf
reveal the following facts:
1. The sections of the Municipal Code that pertain to wireless telecommunication
facilities were last revised in 1997. It is necessary to review the development
standards for wireless telecommunication facilities to determine if the current
standards are appropriate.
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, BE IT RESOLVED, by the Planning Commission of the City
of West Covina 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 the implementation thereof.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the
Planning Commission of the City of West Covina hereby recommends to the City Council
of the City of West Covina that it approves Code Amendment No. 09-04 to amend Chapter
26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO.3: The Secretary is instructed to forward a copy of this Resolution to
the City Council for their attention in the manner as prescribed by law.
Z:\Resos\2010 Resos\10-5386 Code Amendment 09-04 Wireless Telecommunication Facilities.doc
Planning Commission Resolution No
Code Amendment No. 09-04
September 14, 2010-Page 2
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 14"' day of
September, 2010, by the following vote.
AYES: Carrico, Holtz, Redholtz, Stewart, Sotelo
NOES: None
ABSTAIN: None
ABSENT: None
Robert A. Sotelo, Chairman
Planning Commission
4 //, //,/ 4/' , � � —
1'el'I -
Je erson, Secretary
PVnning Commission
Z:\Resos\2010 Resos\10-5386 Code Amendment 09-04 Wireless Telecommunication Facilities.doc
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:
(2-) (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.
(3) (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.
(-) (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.
(6) (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.
(-7) (6) Antenna height shall mean, when referring to any freestanding wireless facility,
a monopole er other- antenna suppeA s4ue4we, the distance measured from ground level
to the highest point on the support structure, including antennas measured at their highest
point.
(8) Antenna suppei-t struetui-e shall mean a fr-eestanding ffiast, Faenepele, tiiped or-
r„ Y,n it .. ,
M � 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.
(l-0) M Direct broadcast satellite service (DBS) shall mean a system in which signals
are transmitted directly froma satellite to a small (not exceeding twenty-one (2 1) inches
in diameter) receiving dish antenna.
Page 2
0' M
"(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.
0-34 (12) Reception window shall mean the area within the direct line between a
landbased antenna and an orbiting satellite.
(14) (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.
(W (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 (2 1) 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
ZACase Files\CODE AMEND\2009\09-04 Wireless Telecommunications Facilities\Municipal Code_text.doc
Page 3 0
•
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
„term n ei4 nt,uetffes anda temntiye antenna suppeA ntfuet„ es 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.
JhI(a) 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 antepmas and aiAenaa suppai4 stmetufes 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 antenna urr ,,,,eA nt,.,,,.t,,. or a temati„e apAe.,,,,, s "yyeA st ��=aet« 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 anlepRa „rr",., st-. et„ or -.,,to ati. .,to.,..., „ppeA sttaetes free-standing
wireless facilities shall be permitted in a required parking space or driveway.
d. Antefma suppeA stmetufes Freestanding wireless facilities shall be located to the
extent feasible to the rear of all existing buildings on the property.
LcI(b4 Height restrictions.
(1) No free-
standing wireless facilities shall exceed sixty (60) feet in height measured from the
ZACase Files\CODE AMEND\2009\09-04 Wireless Telecommunications Facilities\Municipal Code' text.doc
Page 4 J
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 Planning Commission in cases
where the freestanding wireless facility and equipment is not visible from the public
view. Chain link f .eilEaua bar -bed wirelll,"T be used VllY in these eases where
aeeessnrysupport foe ..tes are not easily see„ fte: iub..e ..e.as »V+V1111V1 b ' lv
(2) Antenna surfaces and freestanding wireless facilities suppO14 s+Y.. etufes 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 multi lingual
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) .
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Page 5 0 40
Free-standing wireless facilities.
(1) Freestanding wireless facilities_ Monopoles and afte , alive anAe n., s »�eA
stndettffes shall be located a minimum of ene hal one -quarter mile from any other
freestanding wireless facility , except
as otherwise approved under section 26-685.990.
(2) All pFepesed menepeles shall be of a slim er- tapered desigii with eliwibilig spikes
meupAed no lewer- than seven (7) feet from the base ef the menepele. Menapeles and
(1) A__4P._V_n__At_i_VP_. an enna support stmetufes (e.g. manmade trees) sha4l be in lieu 6
ffieiiepeles where the eppeftunity exists of ,.here visibility ; ets are a eafteeffi. 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 coniunction 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.
(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.
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Deviation from the height requirements and minimum distance between ffienepeles a
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 efte half 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. of
(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.
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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 -94. Abandonment provisions.
fal 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. 26-685.9969-9-5. 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. 26-685.9979%. 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 anexisting 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.
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(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.26-685.9989W. 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.
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