§ 20.11.85. Antennas and wireless telecommunication facilities.

Wireless Communication Facilities, hereinafter referred to as Facilities, as defined by section 20.1.190 (Definitions) of this Title are permitted subject to the following:

Applications for Facilities: Applications for Facilities are subject to a two-tier review process as provided in this Section. Applications for Facilities are subject to either: (i) Community Development Director approval; or (ii) a conditional use permit (CUP), subject to Planning Commission approval. Those development plan applications that meet the design and development guidelines outlined in Tier 1, section 20.11.85.1.a.(1) of this Chapter will require approval by the Community Development Director. Those applications that do not meet the design and development guidelines outlined in Tier 1, section 20.11.85.1.a(1) and do fall within the design and development guidelines outlined in Tier 2, section 20.11.85.1.a(2) require a CUP and require review and approval by the Planning Commission at a noticed public hearing.

1.

TIER 1 - Community Development Director review: The Community Development Director shall approve Facilities only if it finds as follows:

a.

Antennae are located in a commercial or industrial zone.

b.

Building or roof mounted antennae do not exceed fifteen feet in height and are architecturally screened from view.

c.

Antennae are in stealth design in connection with a building or structure so as not to be recognized as an antenna.

d.

Support equipment is located within a completely enclosed structure or otherwise screened from view.

e.

Antennae meet all development standards within the applicable zone as required by this Code.

f.

Antennae will be, if reasonably possible, co-located with an existing site in an industrial or commercial zone.

2.

TIER 2 — Planning Commission Council Review: Facilities which cannot be approved by the Community Development Director, in accordance with the Tier 1 criteria, are subject to CUP procedures, as outlined in section 20.2.50 of this Title. The following are also subject to a CUP:

a.

Ground-mounted antennae.

b.

Facilities which do not comply with all development standards within the applicable zone require a variance. The variance request must meet the applicable findings outlined in Section 20.2.60 of this Title.

c.

Proposed Facilities that create more than a minimal visual impact on surroundings, as determined by the Community Development Director. In determining where more than a minimal visual impact exists, the following factors should be considered: location of Facility, size, and view of Facility from adjacent properties, and contrast between the Facility and other external structural equipment attached to the property.

d.

Facilities located adjacent to a residential zone (R-A, R-1, R-2, R-3), provided that the property has multiple family grouped units and the Facility is: (1) stealth design; (2) building or roof-mounted and integrated into the architecture of the building; or (3) co-located.

e.

Facilities located within the line of sight of any scenic corridor.

3.

Submittal Requirements: In addition to the submittal requirements as outlined in a development plan and CUP applications, applications for Facilities must contain the following additional information:

a.

All individuals, companies and providers of Facilities doing business within the City shall process a master plan of all existing and proposed Facilities sites. The Facilities master plan shall be reviewed and approved by the Community Development Director in accordance with the written criteria established for such review by the Community Development Director.

b.

The applicant shall supply verification of the proposed Facilities, compliance with the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) by providing a copy of its FCC License Agreement for review by staff.

c.

The applicant shall supply verification of compliance with the Federal Aviation Administration (FAA).

d.

At the time of submittal of a development plan or a CUP application for Facilities, the applicant shall submit information indicating the type of Facilities, its height above ground level, and its cell coverage.

4.

Location Guidelines: All applications for Facilities are subject to the following location guidelines:

a.

The preferred order of placement of Facilities is as follows: (i) industrial zones; (ii) rural-agricultural zones; (iii) commercial zones; (iv) community facilities zones.

b.

Facilities can be approved within a residential zone provided the property is not developed with a single-family dwelling unit. Consideration of potential impacts on any adjacent residential property will be evaluated. The location of Facilities will be conditioned on the utilization of stealth design technology and/or building or roof mounted design.

c.

Facilities should: (i) be co-located with another structure, where appropriate; (ii) be utilized as stealth designs; (iii) be roof or wall-mounted as an integral architectural element on an existing structure; and (iv) utilize state-of-the-art wireless technology.

d.

The applicant is to investigate the feasibility of co-locating additional antennae on the tops of buildings, on existing monopoles, and/or clustering Facilities. If co-location or clustering is not possible in the case of a particular proposal, the applicant shall submit such evidence at the time of submittal. With the submittal of a CUP application, the applicant is to submit a copy of the appropriate portions of the tentative lease agreement indicating that no exclusive agreements have been made to prevent future carriers to locate on the same site or Facilities, as well as submit a design plan which does not preclude potential additional users.

e.

Monopoles shall be separated a minimum of one thousand feet from any existing monopole.

5.

Development and Design Guidelines: All applications for Facilities shall be submitted to the Community Development Department and shall contain the information required by section 20.11.85 of this Chapter. The applicant shall submit plans that will be reviewed for all applicable zoning codes and standards. The following are intended to provide high quality guidelines to ensure compatibility with the community for the placement of Facilities:

a.

Support structures shall be screened from view by siting them next to tall buildings or structures, or placed near existing tall trees. Where applicable, the support structures are to be screened from public view with dense landscaping.

b.

Facilities must meet all applicable zoning setback and height regulations of the underlying zone district. All proposed Facilities that exceed the maximum height established by the underlying zone district are subject to FAA approval.

c.

Facilities may be designed as or within a piece of public art such as a clock tower or historical monument for public benefit.

d.

The height of the support structures must be the minimum necessary to provide the required coverage. However, an antenna or its support structure shall not exceed the height in any zone as prescribed by the zoning code.

e.

Safety lighting or colors, if prescribed by the City or other approving agency (i.e., FAA), may be required for support structures.

f.

Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment building accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development.

g.

Proposed Facilities shall not create any nonconforming situations to the site such as a reduction in parking, landscaping, loading zones, and/or elimination of loading zones. Facilities are to be installed and maintained in compliance with the requirements of the Uniform Building Code, Uniform Electrical Code, Noise Standards and all other applicable code.

h.

The Planning Commission may condition approval of Facilities on a five-year term or other review process.

i.

Whip and microwave dish antennae are permitted only if integrated into the design of the structure and/or fully screened from public view.

j.

All utilities associated with Facilities shall be placed underground.

k.

Chain link fencing is not permitted for containment of Facilities, unless such fencing is located in the rear portion of property not visible from a public right-of-way and is installed with tennis screen material on all facades of the fence.

l.

Temporary monopoles, if associated with an approved Facilities application, may be permitted, if justified to the satisfaction of the Community Development Director, for a period of up to three months, provided that screening is installed to prevent view of the monopole and related facilities from any and all public rights-of-way.

m.

Lattice towers shall not be permitted within the City boundaries.

n.

The operator or property owner is responsible for maintaining the Facilities in an appropriate manner consistent with the original approval of the Facilities. Should the use be replaced or discontinued for a period of six months, the approvals will lapse.

(Ord. No. 2008-1174, § 1(Exh. A), 5-5-2008)