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
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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.
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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.
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"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
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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.
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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
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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.
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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