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HomeMy WebLinkAbout821 - OrdinancesORDINANCE NO. 821 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2008-00625, REVISING REGULATIONS APPLICABLE TO THE INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES AND AMENDING CHAPTER 17.26 OF THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals 1. Because of changes in the State and Federal laws affecting the local agencies' ability to regulate the placement of wireless communication facilities, the City Council of the City of Rancho Cucamonga has determined that it is necessary to make certain revisions to the City's wireless communications facilities regulations, as set forth in Chapter 17.26 of the Rancho Cucamonga Municipal Code. 2. On August 12, 2009, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning this matter and took action recommending adoption by the City Council of this Ordinance. 3. On September 2, 2009, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption of this Ordinance. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: The facts set forth in Recitals, Part A, of this ordinance are true and correct. SECTION 2: The subject amendment identified in this ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061(b)(3). In this case, the ordinance constitutes a text amendment and will not have a significant impact on the environment. The City Council has reviewed staff's determination of exemption, the Planning Commission's adoption of that exemption, and further concurs with the determination of exemption. SECTION 3: The proposed amendment is consistent and in conformance with the General Plan by encouraging collocation of wireless communications facilities on existing infrastructure within the City. SECTION 4: Chapter 17.26 of Title 17 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: Chapter 17.26 WIRELESS COMMUNICATIONS FACILITIES Sections: 17.26.010 Purpose 17.26.020 Definitions 17.26.030 Development Criteria for All Wireless Communication Facilities 17.26.040 Approval of Minor Wireless Communication Facilities 17.26.050 Approval of Major Wireless Communication Facilities 17.26.051 Deployment of Temporary Facility 17.26.060 Height Criteria for Major Wireless Communications Facilities 17.26.070 Conditional Use Permit Required 17.26.075 Performance Standards 17.26.080 Variance 17.26.090 Revocation 17.26.100 Abandonment Section 17.26.010 -Purpose A. The purpose of these regulations and guidelines is to regulate the establishment of wireless communications 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 communications facilities are necessary to attain these goals. These regulations are intended to supersede applicable provisions of the Rancho Cucamonga Development Code pertaining to communications facilities and to establish flexible guidelines for the governance of wireless communications 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. Section 17.26.020 -Definitions Unless otherwise stated, the following definitions pertain to this Chapter: A 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. B 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, utility tower, light pole, or similar structure, but not to include the roof of any structure. C CELLULAR: means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites. COLLOCATED: means the locating of wireless communications equipment from more than one provider on a single wireless communication facility. Ordinance No. 821 -Page 2 of 10 G GROUND-MOUNTED: means mounted to a pole, monopole, tower, or other freestanding structure specifically constructed for the purpose of supporting an antenna. M MAJOR WIRELESS COMMUNICATIONS FACILITY: means a wireless communications facility that is ground- or roof-mounted or mounted in or on any public property including the public right-of-way. A major wireless communications facility also includes any wireless communications facility that is non-stealth in design or exceeds the height limit of the district in which it is located. A Major Wireless Communications Facility does not include a wireless communications facility located on a public utility pole within a public right-of-way that meets the requirements of a Minor Wireless Communications Facility. MINOR WIRELESS COMMUNICATIONS FACILITY: means a wireless communications facility that is stealth in design and does not exceed the height limit of the district in which it is located, or building-, facade-, or wall-mounted and does not exceed the height of the parapet wall or roofline of the building. Aroof-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 communications facility. A wireless communications facility located on a public utility pole upon public property or within a public right-of-way located 300 feet or more from a residential zone, that is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, or any successor provisions thereto, and that does not exceed the height limit for the zoning district, shall be considered a minor wireless communications 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. P 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. R ROOF-MOUNTED: means mounted above the eave line of a building. S 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. T TEMPORARY WIRELESS COMMUNICATIONS FACILITY: means a wireless communications facility that is kept portable or mobile and deployed while a permanent facility is under construction. U UTILITY POLE: means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. Ordinance No. 821 -Page 3 of 10 W WIRELESS COMMUNICATIONS 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. Section 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 Planning Director, or as otherwise required herein. 3. Ground-mounted wireless communications 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. Collocated with existing wireless communications 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, subject to additional restrictions set forth herein. 5. Major wireless communications facilities are not permitted to locate within 300 feet of any residential structure, within any residential district, or within 300 feet of any existing, legally established major wireless communications facility except as follows: a. When located on any existing non-residential building or structure, on any existing utility pole, or collocated on any existing wireless communications facility provided such location complies with all of the following: (i) the collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable State or Federal regulations; and Ordinance No. 821 -Page 4 of 10 (ii) existing major wireless communications facility to be utilized for collocation shall previously be granted with a Conditional Use Permit or a Minor Development Review approval, including modification of an existing Conditional Use Permit or Minor Development Review; and (iii) all accessory equipment and enclosures shall be located underground, or screened from public view as approved in writing by the Planning Director; and (iv) unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation. b. The proposed facility will replace or modify an existing facility for purposes of co-location. For the purposes of this Chapter, 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 communications facility. B. Development Requirements. 1. As part of the application process, each wireless communications facility applicant shall provide written documentation demonstrating good faith efforts in locating facilities in accordance with the Site Selection Guidelines (order of preference). Such documentation shall include a coverage map (before and as proposed), analysis of alternative sites, and report signed by an independent, licensed radio engineer that represents and establishes the following: a. A more preferable location, as determined by reference to Section 17.26.030.A.4, cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility including, but not limited to, coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant's reasonable control. b. The cumulative total levels of RF emissions from the proposed facility operating at the proposed power levels and frequencies, with all antennas in their proposed configurations, and taking into account RF emissions from all neighboring wireless facilities, will not exceed maximum permissible levels established by the FCC at any time. 2. Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage. Ordinance No. 821 -Page 5 of 10 3. All accessory equipment associated with the operation of the wireless communications 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 suffcient landscaping to screen the structure from view. 4. Wireless communications facilities shall be subdued colors and non-reflective materials, which blend with the 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 Planning Director establishing compliance with this subsection. C. Special Requirements for Collocation on Existing Wireless Communication Facilities. Notwithstanding any other provision of this Chapter 17.26, the collocation of a new wireless communications facility on an existing minor or major wireless communications facility that: (i) was approved after January 1, 2007 by discretionary permit; (ii) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (iii) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless telecommunications collocation facilities, shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non-discretionary permit(s), as specified by the Development Code and/or the Building Code, provided such collocation does not increase the height or change the location of the existing wireless facility, or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communications facility. The proposed collocation of a new wireless communications facility on an existing minor or major wireless communication facility that meets all of the requirements stated in the above paragraph, under Section 17.26.030C, may include: (i) new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless telecommunications collocation facility. The proposed collocation of a new wireless communications facility on an existing minor or major wireless communication facility that meets all of the requirements stated in the above paragraph, under Section 17.26.030C may not include: (i) more additional surface area of antennas than is being utilized by the existing wireless telecommunications collocation facility ,provided all antennas are colored and/or disguised to match the existing facility; Ordinance No. 821 -Page 6 of 10 (ii) any additional tower or additional support structure than is shown in plans and specifications to be reasonably necessary to co-locate the permitted antenna panels on the existing wireless telecommunications facility. Unless otherwise approved in writing by the Planning Director, and except as provided in this subsection C, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this chapter. Except as otherwise provided above, a Conditional Use Permit or a Minor Development Review shall be required when the proposed collocation facility: (i) increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communications facility; or (ii) adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this section; or (iii) collocates on an existing legally permitted wireless communications facility that was approved on or prior to January 1, 2007; (iv) will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the Planning Director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility. Section 17.26.040 -Approval of Minor Wireless Communications Facilities. Minor wireless communications facilities shall be subject to approval by the Planning Director pursuant to Section 17.06.020 Minor Development Review procedures of the Rancho Cucamonga Development Code. In considering applications for minor wireless communications facilities, the Planning Director shall be guided by both the provisions of Section 17.06.020 and this Chapter. However, in the event of any inconsistency in said standards, the provisions of this Chapter shall govern. The decision of the Planning Director shall be final unless appealed within 10 calendar days pursuant to Section 17.020.080 of the Rancho Cucamonga Development Code. Section 17.26.050 -Approval of Major Wireless Communications Facilities. Major wireless communications 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 Chapter. However, in the event of any inconsistencies in said standards, the provisions of this Chapter 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. Section 17.26.051 -Deployment of Temporary Facility. A temporary wireless communications facility may be deployed subject to approval by the Planning Director and the following: A permanent wireless communications facility has been approved for the property in question. Ordinance No. 821 -Page 7 of 10 2. The temporary facility was approved as part of the Conditional Use Permit or Minor Development Review. 3. The facility is deployed for no more than 6 months, provided that two extensions may be granted by the Planning Director; however, the total period shall not exceed one year. Section 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 communications 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. , Section 17.26.070 -Conditional Use Permit Required Each major wireless communication facility for which an application is made during the term of this Chapter shall 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 wireless communication facility utilizing property owned by the City, an applicant may be required to enter into a franchise, lease or license agreement, unless the property consists of public rights of way over which the applicant possesses rights pursuant to California Public Utilities Code Section 7901, or the applicant is otherwise exempt under state or federal law. Section 17.26.075 -Performance Standards. No wireless communication facility shall interfere with the public safety radio communications system, including, but not limited to, the 800 MHz trunking system. If such facility is found to interfere with the public safety radio system, it shall immediately cease operations until such time as the problem is resolved to the satisfaction of the City of Rancho Cucamonga. Section 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. Section 17.26.090 -Revocation. Any approval granted pursuant to this Chapter may, after notice and hearing, be terminated for violation of any provisions of this Chapter or any other applicable laws, or for fraud or misrepresentation in the application process. Section 17.26.100 -Abandonment. A. A wireless communications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communications 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. Ordinance No. 821 -Page 8 of 10 B. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communications 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 days of the date of said notice, the operator appeals such determination, in writing, to the Planning Commission. The Planning Director 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. C. 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 Chapter, 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 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Please see the /ol/owing page /or lorma/ adoption, certilicaflon antl s/gnatures Ordinance No. 821 -Page 9 of 10 PASSED, APPROVED, AND ADOPTED this 7th day of October 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo NOES: None ABSENT: Williams ABSTAINED: None Donald J. Kurth, M. D., ATTEST: ,mice C. Reynolds, City Cle k I, JANICE C. REYNOLDS, 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 2ntl day of September 2009, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7`" day of October 2009. Executed this 8`" day of October 2009, at Rancho Cucamonga, California. nice C. Reynolds, City Jerk Ordinance No. 821 -Page 10 of 10