HomeMy WebLinkAbout929 - Ordinances - ENACT REQUIREMENTS AND STANDARDS FOR THE DEVELOPMENT OF WIRELESS COMMUNICATION FACILITIES ORDINANCE NO. 929
AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL
CODE TO ENACT REQUIREMENTS AND STANDARDS FOR THE
DEVELOPMENT OF WIRELESS COMMUNICATION FACILITIES
WITHIN THE PUBLIC RIGHT OF WAY, AND MAKING FINDINGS IN
SUPPORT THEREOF
A. Recitals.
1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2018-
00187, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject
Municipal Code Amendment is referred to as "the application".
2. On March 14, 2018, the Planning Commission of the City of Rancho Cucamonga
conducted a duly noticed public hearing with respect to the above referenced Municipal Code
Amendment and, following the conclusion thereof, adopted its Resolution No. 18-xx,
recommending that the City Council of the City of Rancho Cucamonga adopt said Ordinance.
3. On May 2, 2018, the City Council of the City of Rancho Cucamonga conducted a duly
noticed public hearing on the application.
4. All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
The City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1: This City Council hereby specifically finds that all the facts set forth in the
Recitals, Part A, of this Ordinance are true and correct.
SECTION 2: Based upon substantial evidence presented to the City Council during the
above-referenced public hearing on May 2, 2018, including written and oral staff reports, together
with public testimony, the City Council hereby specifically finds as follows:
a. The City desires to adopt the following changes to Title 17 of the Municipal Code
in order to enact permitting requirements and development standards for the development of
wireless communication facilities within the public right of way; and
b. The changes proposed to Title 17 (Development Code) in the amendment are
consistent with the General Plan goals, policies and implementation programs. General Plan
Goal LU-11 focuses on maintaining community aesthetics through appropriate regulations. By
requiring discretionary review of new wireless communication facilities on public utility poles
owned by the City ensures that they will be designed to be compatible with the pole on which they
are being located and designed to blend with the surrounding environment as required by General
Plan Land Use Policy LU-11.3; and
c. Planning Department Staff has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) and the City's CEQA
Ordinance No. 929 — Page 1 of 10
Guidelines. Pursuant to CEQA Guidelines Section 15061(b)(3), where it can be seen with
certainty that there is no possibility that the project, amending the Municipal Code to require
discretionary review and enact development standards for the development of wireless
communication facilities within the public right of way. It does not permit nor allow the construction
of any new facilities. Applications new wireless communication facilities within the public right of
way subject to this ordinance will be reviewed for CEQA compliance under a separate Minor
Design Review application. The applicant may be required to submit environmental studies that
analyze the impact(s) (if any) to, for example, air quality, biological resources, cultural resources,
noise levels, and transportation/traffic caused by the site-specific project. On a case-by-case
review of each project, the appropriate environmental document will be prepared to address
project-specific impacts. Therefore, this project will not have a significant effect on the
environment.
SECTION 3: Section 17.140.020 (Wireless communications definitions) of Chapter
17.140 (Wireless Communications Definitions) of Title 17 (Development Code) is hereby
amended as follows:
"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-, façade-, or wall-mounted and does not exceed the height of the parapet wall or roofline
of the building. A 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
communications facility. The following shall be considered a minor wireless communications
facility:
1) A wireless communications facility located on a public utility pole owned by the city;
2) A wireless communications facility located on public property or within a public right-of-
way, other than a public utility pole owned by the city, if it is located 300 feet or more from a
residential zone, that is in full compliance with the state 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."
SECTION 4: Chapter 17.106 (Wireless Communication Facilities) of Title 17
(Development Code), is hereby deleted in its entirety and replaced as follows:
"Chapter 17.106 WIRELESS COMMUNICATION FACILITIES
Section 17.106.010: Purpose and intent.
Section 17.106.020: Permit requirements and exemptions.
Section 17.106.030: Application requirements.
Section 17.106.040: Development criteria.
Section 17.106.050: Performance standards.
Section 17.106.060: Removal and restoration; permit expiration or revocation.
Section 17.106.070: Abandonment.
Section 17.106.080: Deployment of temporary facilities.
Section 17.106.090: Agreement for facilities located on City-owned property.
Ordinance No. 929 — Page 2 of 10
17.106.010 Purpose and intent.
The purpose of this chapter is to establish site planning and development standards for wireless
communication facilities. It is the city's intent, in establishing these standards, to allow for the
development of wireless communication facilities where needed in accordance with the
Telecommunications Act of 1996, while maintaining development standards and permitting
requirements consistent with state law.
17.106.020 Permit requirements and exemptions.
A. Minor wireless communication facilities shall require minor design review.
B. Major wireless communication facilities shall require a conditional use permit.
C. Minor or major wireless communication facilities located within the public right-of-way shall
also require a construction permit pursuant to chapter 12.03.
D. Wireless communication facilities on city property, except for the public right-of-way, are
exempt from permit requirements.
E. Removal of wireless communication facilities is exempt from permit requirements.
F. Replacement of equipment which does not substantially change the tower or shelter is exempt
from planning permits, but may be subject to other building permits.
G. Notwithstanding any other provision of this chapter, the collocation of a new wireless
communication facility on an existing major wireless communication 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 § 65850.6(b) for wireless
communication 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 this title and the city-adopted 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
communication facility.
H. The proposed collocation of a new wireless communication facility on an existing minor or
major wireless communication facility that meets all of the requirements stated in the above
paragraph may include 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 communication
collocation facility.
1. The proposed collocation of a new wireless communication facility on an existing major
wireless communication facility that meets all of the requirements stated in the above
paragraphs may not include the following:
a. More additional surface area of antennas than is being utilized by the existing wireless
communication collocation facility, provided all antennas are colored and/or disguised
to match the existing facility.
Ordinance No. 929 — Page 3 of 10
b. Any additional tower or additional support structure than is shown in plans and
specifications to be reasonably necessary to collocate the permitted antenna panels
on the existing wireless communication facility. Unless otherwise approved in writing
by the planning director, and except as provided in this subsection, installation of all
collocation accessory equipment and enclosures shall comply with the requirements
of this chapter.
2. Except as otherwise provided above, a conditional use permit or minor design review shall
be required when the proposed collocation facility:
a. 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 communication facility; or
b. Adds any microwave dish or other antenna not expressly permitted to be included in
a collocation facility by this section; or
c. Collocates on an existing legally permitted wireless communication facility that was
approved on or prior to January 1, 2007; or
d. 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.
17.106.030 Application requirements.
Where the City determines that it requires expert assistance in evaluating an application, the City
may hire a consultant and the fee charged by the consultant shall be reimbursed to the City, with
a deposit paid up front by the applicant regardless of the outcome of the application.
17.106.040 Development criteria.
A. Screening and site selection guidelines. The following screening and site selection guidelines
apply to all wireless communication facilities:
1. Stealth facilities and concealed antennas are preferred.
2. Wireless communication 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 communication facilities shall be located only in close proximity
to existing aboveground utilities, such as electrical towers 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:
Ordinance No. 929— Page 4 of 10
a. Collocated with existing wireless communication facilities.
b. On existing structures such as buildings, communication towers, or utility facilities.
c. On an 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 communication 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 communication facility except as follows:
a. When located on any existing nonresidential building or structure or on any existing
utility pole 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
ii. Existing major wireless communication 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
collocation.
c. The proposed facility will be designed and constructed in a manner to allow for future
collocation of an additional wireless communication carrier provided the applicant
submits written documentation that shows:
i. A more preferable location, as determined by reference to section 17.106.030.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.
d. 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
Ordinance No. 929 — Page 5 of 10
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, each wireless communication facility applicant may, at
the discretion of the planning director, be required to provide written documentation
demonstrating good faith efforts in locating facilities in accordance with the site selection
guidelines (order of preference). Such documentation shall include at minimum a
coverage map (before and as proposed) and analysis of alternative sites.
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 aboveground or will be
located within the public right-of-way, 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 of 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 communication
facility. The applicant shall provide documentation satisfactory to the planning director
establishing compliance with this subsection.
7. Wireless communications facilities, including on-site generators, shall be designed to
comply with the City's noise ordinance, found at section 17.66.050 and all other applicable
noise regulations.
C. In addition to the development criteria set forth in subsections A and B, the following criteria
shall apply to all wireless communication facilities located within the public right-of-way and
installed after [INSERT ORDINANCE EFFECTIVE DATE]:
1. Wireless communication facilities may be located on street lights or utility poles, but may
not be placed on historic or decorative street lights, traffic signal poles, or intersection
safety lights.
2. The applicant shall submit engineering calculations, sealed by a registered professional
engineer licensed in California, to ensure that the existing street light or utility pole and its
footing are adequate to support the new loads. If the existing infrastructure is not adequate
to support the new loads, the applicant may propose to replace the existing infrastructure
with adequate, City-approved, new infrastructure at the applicant's expense.
Ordinance No. 929 — Page 6 of 10
3. All cabling and wiring must be contained in conduit, affixed directly to the face of the pole,
for as long as it is technically feasible. Exposed slack or extra cable is prohibited.
4. Electrical meters are prohibited. The applicant is responsible for the cost of all electrical
usage associated with the wireless communication facility.
5. If installation of the wireless communication facility is within an area governed by the
Rancho Cucamonga Fiber Master Plan, the City Engineer may forward the engineering
plans to the Rancho Cucamonga Municipal Utility for review and a requirement that the
applicant coordinate with the Rancho Cucamonga Municipal Utility may be added to the
construction permit to facilitate joint trenching opportunities.
6. Installation and operation of the wireless communications facility shall not damage or
interfere in any way with City property or facilities or existing, third- party installations.
17.106.050 Performance standards.
No wireless communication facility shall interfere with any public safety radio communications
system, including, but not limited to, the 800 MHz trunking system. Wireless communication
facilities shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and
abatement of any such interference.
17.106.060 Removal and restoration; permit expiration or revocation.
A. Upon the expiration date of the minor design review, conditional use permit, and/or
construction permit, including any extensions, earlier termination or revocation of the permit,
the operator shall remove its wireless communications facility and restore the site to its natural
condition except for retaining the landscaping improvements and any other improvements at
the discretion of the city. Removal shall be in accordance with proper health and safety
requirements and all ordinances, rules, and regulations of the city. The wireless
communications facility shall be removed from the property within 30 days, at no cost or
expense to the city. If the facility is located on private property, the private property owner
shall also be independently responsible for the expense of timely removal and restoration.
B. Failure of the operator to promptly remove its facility and restore the property within 30 days
after expiration, earlier termination, or revocation of the permit of the facility, shall be a
violation of this code, and be grounds for:
1. Prosecution;
2. Calling of any bond or other assurance required by conditions of approval;
3. Removal of the facilities by the city in accordance with established procedures for
abatement of a public nuisance at the owner's expense; and/or
4. Any other lawful remedies.
C. In the event the director of engineering services determines that the condition or placement
of a wireless communications facility located in the public right-of-way constitutes a dangerous
condition, obstruction of the public right-of-way, or an imminent threat to public safety, or
determines other exigent circumstances require immediate corrective action (collectively,
Ordinance No. 929— Page 7 of 10
"exigent circumstances"), the director of engineering services may cause the facility to be
removed summarily and immediately without advance notice or a hearing. Written notice of
the removal shall be served upon the person who owns the facility within five business days
of removal and all property removed shall be preserved for the owner's pick-up as feasible. If
the owner cannot be identified following reasonable effort or if the owner fails to pick-up the
property within 60 days, the facility shall be treated as abandoned property.
D. In the event the city removes a facility in accordance with nuisance abatement procedures or
summary removal, any such removal shall be without any liability to the city for any damage
to such facility that may result from reasonable efforts of removal. In addition to the
procedures for recovering costs of nuisance abatement, the city may collect such costs from
any performance bond posted and to the extent such costs exceed the amount of the
performance bond, collect those excess costs in accordance with this code. Unless otherwise
provided herein, the city has no obligation to store such facility. The operator shall have no
claim if the city destroys any such facility not timely removed by the operator after notice, or
removed by the city due to exigent circumstances.
17.106.070 Abandonment.
A. A wireless communication facility is considered abandoned and shall be promptly removed as
provided herein if it ceases to provide wireless communication services for 180 or more days,
unless the wireless communication facility is otherwise permitted to remain in the public right-
of-way by agreement with the city. Such removal shall be in accordance with proper health
and safety requirements and all ordinances, rules, and regulations of the city.
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 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 ten 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 communication 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.
17.106.080 Deployment of temporary facilities.
A temporary wireless communication facility may be deployed subject to approval by the planning
director and the following:
A. A permanent wireless communication facility has been approved for the property in question.
Ordinance No. 929 — Page 8 of 10
B. The temporary facility was approved as part of the conditional use permit or minor
development review.
C. The facility is deployed for no more than six months, provided that two extensions may be
granted by the planning director; however, the total period shall not exceed one year.
17.106.090 Agreement for facilities located on City-owned property.
No approval granted under this division for locating facilities on city-owned property, including
city-owned utility poles, shall be effective until the applicant and the city have executed a written
agreement establishing the particular terms and provisions under which the right to occupy city-
owned property shall be used or maintained. The terms of any such agreement shall be
supplemental to the requirements of this Chapter."
SECTION 7. The City Council declares that, should any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance for any reason is 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, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
SECTION 8. Neither the adoption of this Ordinance nor the repeal of any other
Ordinance of this City shall in any manner affect the prosecution for violations of ordinances,
which violations were committed prior to the effective date hereof, nor be construed as a waiver
of any penalty or the penal provisions applicable to any violation thereof.
SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause
it to be published in the manner required by law.
Ordinance No. 929 — Page 9 of 10
PASSED, APPROVED, AND ADOPTED this 16th day of May, 2018.
. ennis Michael, 1:147/ayor
ATTEST:
nice C. Reynolds, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
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 City Council of the City of Rancho Cucamonga held on the 2nd day of May 2018, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
16th day of May 2018.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 17th day of May 2018, at Rancho Cucamonga, California.
nice C. Reynolds, ity Clerk
Ordinance No. 929 — Page 10 of 10