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HomeMy WebLinkAbout570 - OrdinancesORDINANCE NO. 570 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AMENDING TITLE 17 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING A NEW CHAPTER 17.26 THERETO AND ESTABLISHING REGULATIONS APPLICABLE TO WIRELESS COMMUNICATIONS FACILITIES. follows: A. RECITALS. 1. The City of Rancho Cucamonga is receiving applications to construct wireless communication facilities in the City of Rancho Cucamonga. Currently, the City lacks comprehensive regulations and standards applicable to such facilities. 2. Establishing regulations and standards applicable to construction and operation of wireless communication facilities will serve to reduce the potential for negative impacts on the community presented by such facilities. 3. Failure to implement wireless communications regulations will likely result in a substantial number of wireless communications facilities being installed without protective measures necessary to the public safety or welfare, and without standards necessary to the proper consideration of applications before the City. 4. The Planning Commission of the City of Rancho Cucamonga has heretofore conducted and concluded a duly noticed public hearing concerning this Ordinance and has recommended adoption thereof. 5. The City Council of the City of Rancho Cucamonga has heretofore conducted and concluded a duly noticed public hearing concerning the adoption of this Ordinance. 6. All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does hereby find and ordain as SECTION 1. In all respects as set forth in the Recitals, Part A, of this Ordinance. SECTION 2. The provisions of this Ordinance set forth herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act, as amended, and the Guidelines promulgated Ordinance 570 Page 2 thereunder and, further, said Council finds that it can be seen with certainty that there is no possibility that said provisions are therefore exempt from the requirements of the California Environmental Quality Act pursuant to the provisions of Section 15061 (b)(3) of Division 6 of Title 14 of the California Code of Regulations. SECTION 3. Title 17 of the Rancho Cucamonga Municipal Code hereby is amended by the addition of a new Chapter 17.26 to read, in words and figures, as follows: Chapter 17.26 WIRELESS COMMUNICATIONS FACILITIES SECTIONS: 17.26.010 - 17.26.020 - 17.26.030 - 17.26.040 - 17.26.050 - 17.26.060 - 17.26.070 - 17.26.080 - 17.26.090 - 17.26.100 - Purpose. Definitions. Development criteria for all wireless communications facilities. Approval of minor wireless communications facilities. Approval of major wireless communications facilities. Height criteria for major wireless communications facilities. Conditional use permit required. Variance. Revocation. Abandonment. 17.26.010-Purpose. The purpose of these regulations and guidelines is to regulate the establishment of wireless communication facilities and thereby protect the public health, safety, general welfare, and quality of life in Rancho Cucamonga, while preserving the rights of wireless communications providers. The Rancho Cucamonga City Council has found and determined that these regulations and guidelines for wireless communication facilities are necessary to attain these goals. These regulations are intended to supersede applicable provisions of the Rancho Cucamonga Development Code pertaining to communication facilities, and to establish flexible guidelines for the governance of wireless communication facilities which recognize the unique land use distribution, topography, and aesthetic characteristics of the City of Rancho Cucamonga. Wireless communications facilities are prohibited in the City of Rancho Cucamonga except as otherwise provided herein. Ordinance 570 Page 3 17.26.020 - Definitions. Unless otherwise stated, the following definitions pertain to this Ordinance: "Antenna" means a device used in wireless communications which radiates and/or receives commercial cellular, personal communication service, and/or data radio signals. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes.. "Building-Mounted" means mounted to the side of a building, to the facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign, or similar structure, but not to include the roof of any structure. "Cellular" means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites. "Co-located" means the locating of wireless communications equipment from more than one provider on a single wireless communication facility. "Ground-Mounted" means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna. "Major Wireless Communication Facility" means a wireless communication facility that is ground- or roof-mounted or mounted in or on any public property including the public right-of-way. "Minor Wireless Communication Facility" means a wireless communication facility that is building-, facade-, or wall-mounted and does not exceed the height of the parapet wall or roof line of the building. ^ roof-mounted facility which is screened by a solid material on all four sides and does not exceed the maximum height of the district shall be considered a minor wireless communication facility. "Monopole" means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. "Mounted" means attached or supported. "Personal Communication Service" means digital low-power, high-frequency commercial wireless radio communication technology that has the capacity for multiple communications services and the routing of calls to individuals, regardless of location. "Roof-Mounted" means mounted above the eave line of a building. "Stealth Facility" means any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna. Ordinance 570 Page 4 "Wireless Communication Facility" means a facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio communications, and which has been granted a Certificate of Public Convenience and Necessity, or a Wireless Registration Number by the California Public Utilities Commission, or otherwise provides wireless communications services to the public. 17.26,030 - Development criteria for all wireless communication facilities. A. Screening and Site Selection Guidelines. 1. Stealth facilities and concealed antennas are preferred. 2. Wireless communications facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the City Planner, or as otherwise required herein. 3. Ground-mounted wireless communication facilities shall be located only in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the City. 4. Wireless communication facilities shall be located in the following order of preference: a. Co-located with other major wireless communication facilities. b. On existing structures such as buildings, communication towers, or utility facilities. c. On existing signal, power, light, or similar kinds of poles. d. In industrial districts. e. In commercial districts. f. In residential districts communications facilities only. (minor wireless Ordinance 570 Page 5 5. Major wireless communication facilities are not permitted to locate within 500 feet of any residential structure, within any residential district, or within 500 feet of any existing, legally established major wireless communication facility except when co- located on the same building, structure, or wireless facility. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communication facility. B. Development Requirements. 1. As part of the application process, applicants for wireless communication facilities shall be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the Site Selection Guidelines (order of preference). 2. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage. 3. All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the district in which the accessory equipment is located, subject to City approval. If the equipment is permitted to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. 4. Wireless communication facilities shall be subdued colors and non-reflective materials which blend with surrounding materials and colors. 5. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building. 6. Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communications facility. The applicant shall provide documentation satisfactory to the City Planner establishing compliance with this subsection. Ordinance 570 Page 6 17.26.040 - Approval of minor wireless communication facilities. Minor wireless communication facilities shall be subject to approval by the City Planner pursuant to Section 17.06.020 Minor Development Review procedures of the Rancho Cucamonga Development Code. In considering applications for minor wireless communication facilities, the City Planner shall be guided by both the provisions of Section 17.06.020 and this Ordinance. However, in the event of any inconsistency in said standards, the provisions of this Ordinance shall govern. The decision of the City Planner shall be final unless appealed within 10 calendar days pursuant to Section 17.020.080 of the Rancho Cucamonga Development Code. 17.26.050 - Approval of major wireless communication facilities. Major wireless communication facilities shall be subject to approval by the Planning Commission. In considering applications for major wireless communications facilities, the Planning Commission shall be guided by the provisions of the Rancho Cucamonga Development Code and this Ordinance. However, in the event of any inconsistencies in said standards, the provisions of this Ordinance shall govern. The decision of the Planning Commission shall be final unless appealed in writing within 10 calendar days pursuant to Section 17.02.080 of the Rancho Cucamonga Development Code. 17.26.060 - Height criteria for major wireless communications facilities. No wireless communications facility shall exceed the maximum building height for the applicable district unless the facility is utilized by two or more wireless communication providers pursuant to a conditional use permit. The Planning Commission may consider approval of facilities proposed to exceed the maximum height limit subject to the review and approval of a conditional use permit application pursuant to Section 17~04.030 of the Rancho Cucamonga Development Code. 17.26.070 - Conditional use permit required. Each majorwireless communication facility for which an application is made during the term of this Ordinance must first receive final approval of a conditional use permit in accordance with Section 17.04.030 of the Rancho Cucamonga Development Code. As a condition of issuance of a conditional use permit for a facility utilizing the public right-of-way, an applicant may be required to enter into a franchise agreement with the City. 17.26.080 - Variance. Any person may apply for a variance as to the requirements set forth herein pursuant to Section 17.04.040 of the Rancho Cucamonga Development Code. 17.26.090 - Revocation. Any approval granted pursuant to this Ordinance may, after notice and hearing, be terminated for violation of any provisions of this Ordinance or any other applicable laws, or for fraud or misrepresentation in the application process. 17.26.100 - Abandonment. A. A wireless communication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless Ordinance 570 Page 7 communication services for 180 or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the City. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communication facility at said operator's business address on file with the City. The operator shall remove all facilities within 30 days of the date of such notice unless, within 10 business day of the date of said notice, the operator appeals such determination, in writing, to the Planning Commission. The City Planner shall schedule a hearing on the matter to be conducted before the Planning Commission at which time the operator may present any relevant evidence on the issue of abandonment. The Planning Commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the Planning Commission shall be final. Any wireless communications facility determined to be abandoned and not removed within the 30 day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the Planning Commission following its final determination of abandonment, shall be in violation of this Ordinance, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law. SECTION 4. Except as provided herein, the provisions of this Ordinance shall preempt and supersede any and all inconsistent provisions contained in the Rancho Cucamonga Development Code. SECTION 5. All wireless communications facilities for which applications have been approved by the City and/or building permits have been issued on or prior to the adoption of this Ordinance shall be exempt from the regulations and guidelines contained herein, unless subsection B applies. All wireless communication facilities for which building permits have expired, and have not been renewed on or prior to the adoption date of this Ordinance, shall be required to comply with the regulations and guidelines contained herein. Ordinance 570 Page 8 All wireless communication facilities for which submitted applications were determined complete by the Planning Department on or prior to the adoption date of this Ordinance shall be exempt from the regulations and guidelines contained herein. All wireless communication facilities for which applications were received by the Planning Department following the effective date of this Ordinance shall be required to comply with the regulations and guidelines contained herein. SECTION 6. Penalties for violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 7. Civil remedies available. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. Ordinance 570 Page 9 PASSED, APPROVED, AND ADOPTED this 7th day of May, 1997. AYES: NOES: ABSENT: Alexander. Biane, Curatalo, Gutierrez None Williams ATTEST: William J. Ale/~nder, Mayor f'De'~b;a J. Adar~, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 19th day of February, 1997, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of May, 1997. Executed this 8th day of May, 1997, at Rancho Cucamonga, California. Debra J. Adams, ~:q~lC, City Clerk