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HomeMy WebLinkAbout02 CODE AMEND 97-002 01-19-98NO. 2 1-19-98 DATE: JANUARY 19, 1998 Inter-C'om TO: WILLIAM A. HUSTON, CITY MANAGER FROM. COHMIINITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 97-002, WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES (DRAFT ORDINANCE NO. 1192) RECOMMENDATION That the City Council: 1. Conduct a public hearing; 2. Adopt Resolution No. 98-6 approving the environmental determination for the project; and, 3. Introduce and have first reading of Ordinance No. 1192 and set for second reading at the Council's February 2, 1998 meeting. FISCAL IMPACT This is a City initiated project. The proposed code amendment would not have any fiscal impact on City resources. BACKGROUND Introduction On January 12, 1998, the Planning Commission conducted a public hearing on this item and recommended that the City Council approve Code Amendment 97-002. This item was originally scheduled for the December 8, 1997 Planning Commission meeting, but was continued to the January 12, 1998 Planning Commission meeting to provide time for City staff to City Council Repor CA 97-002 - Ordinance 1192 January 19, 1998 Page 2 meet with the wireless providers that submitted comments on the proposed ordinance. Additional time was needed because one set of substantial comments was not received until December 8, 1997. City staff met with three wireless communication industry representatives on December 17, 1997 to discuss the issues expressed regarding the proposed ordinance. Following the meeting, staff made changes to the proposed ordinance in response to some of the suggestions made by the three industry representatives. A summary of the issues and the corresponding ordinance changes are provided under the public comments section of this report. Should significant issues be raised during the public hearing on this item, staff recommends that the City Council address these issues at the public hearing and take action on the proposed ordinance. Continuance of the ordinance could result in the lack of any regulations for wireless communication facilities upon the expiration of the existing Urgency Ordinance that regulates these facilities. If needed, modifications to the ordinance could be considered in the future' or with the comprehensive revision of the entire Zoning Code anticipated this year. Wireless Communication Background and the City of Tustin During the past few years, the wireless, communication industry has experienced a technological transformation. Because of this transformation, the number of wireless communication facilities in most urban and suburban communities has increased dramatically. These wireless communication facilities contain transmitting and receiving antennae which are mounted on the tops of freestanding poles, buildings and other structures to overcome transmission challenges posed by topography and development., when properly located within a system of geographical cells, wireless communication facilities allow individuals to communicate using wireless telephones, cellular phones, personal pagers, facsimile machines and computers. In 1995, the Planning Commission requested that staff research the changes in the wireless communication industry and review the Tustin City Code provisions related to communications. On January 8, 1996, staff presented a report to the Planning Commission which provided a background on wireless communication, outlined the technological changes in the industry and noted how the changes could potentially affect the City of Tustin. At the beginning of 1996, staff received several requests for wireless communication facilities. Given the growth in the wireless communication industry and the apparent increase in the number of requests to establish these facilities, staff identified the need for more comprehensive regulations. Therefore, staff surveyed other cities, reviewed ordinances, and drafted an interim urgency ordinance for consideration by the City Council. City COuncil Rep CA 97-002 - Ordinance 1192 January 19, 1998 Page 3 On March 4,~ 1996, the City Council adopted Interim Urgency Ordinance No. 1163 establishing regulations for wireless communication facilities. These regulations were extended by the City Council on April 15, 1996 through the adoption of Interim Urgency Ordinance No. 1167. Ordinance No.. 1167 expires on March 4, 1998. From March 1996 to the present, the Community Development Department has received ten requests for wireless communication facilities. The locations, types, and status of these facilities are provided in Attachment A. Originally, it was anticipated that permanent provisions for wireless communication facilities would be included~as part of the City's comprehensive Zoning Code revisions. Because the Zoning Code revisions will not be adopted prior to the expiration of Urgency Ordinance No. 1167, Ordinance No. 1192 was drafted to regulate wireless communication facilities until the comprehensive Zoning Code amendments are adopted. The City's provisions for wireless communication facilities may need to revised over time to reflect the following: 1) regulations drafted and amended by the Federal Communications Commission; 2) changes in the wireless communication industry; and 3) new technologies. The City Attorney has reviewed and approved the content and form of the proposed ordinance. Furthermore, on September 26, 1997, copies of an earlier draft of the proposed ordinance were forwarded to twelve wireless communication industry representatives for their review and comment. The Community Development Department accepted comments on the proposed ordinance for approximately three months. DISCUSSION Ordinance No. 1192 is a modified version of Urgency Ordinance No. 1167. Similar to the urgency ordinance, the proposed ordinance includes a two-tiered system of processing requests for wireless communication facilities. The first tier applies to minor wireless facilities, while the second tier applies to major wireless facilities. This two-tiered approach provides a streamlined review process for minor facilities, thereby encouraging the establishment of smaller facilities that blend with their surroundings. Minor Wireless Communication Facilities Minor wireless communication facilities contain relatively small antennae and include building and roof mounted facilities that are less than ten feet in height. All minor facilities require design review approval by the Community Development Department. The total height of a minor facility, including the height of the strUcture on which it is mounted, is not permitted to exceed the maximum City Council Repo~ CA 97-002 - Ordinance 1192 January 19, 1998 Page 4 height permitted in the zoning district in which the facility is located. With the approval of a conditional use permit by the Planning Commission, a minor facility may be established in a residential zoning district provided the property contains a legally established nonresidential use. Should the property subsequently be developed with a residential use, the conditional use permit for the facility would become null and void, and the facility would be required to be removed. Major Wireless Communication Facilities Ail ground mounted facilities and building and roof mounted facilities that are higher than ten feet and/or exceed the maximum height permitted in the respective zoning district are classified as major facilities. These facilities require design review and conditional use permit approval by the Planning Commission. Pursuant to the ordinance, a conditional use permit for a major facility would become null and void upon the expiration of the lease for the facility. To promote safety and aesthetic compatibility, the proposed ordinance prohibits the establishment of major facilities on residentially zoned or developed sites and encourages wireless providers to find sites that are located or co-located a minimum of 300 feet from residential areas, 100 feet from any other major wireless communication facility (unless co-located on the same structure or building), and within Industrial and Planned Community Industrial Districts. Guidelines The proposed ordinance contains fixed criteria that must be satisfied and guidelines that are flexible. Where guidelines apply, the word "should" is used rather than the word "shall." Similar in nature to the existing Planning Commission guidelines for service stations, outdoor dining and churches in industrial districts, the wireless communication guidelines may be implemented on a case by case basis. Guidelines are used in many cases throughout the proposed ordinance because the impacts of the different types of wireless communication facilities on their surroundings vary from site to site. General Requirements Ordinance No. 1192 establishes requirements that apply to minor and major wireless communication facilities. These requirements include: facility screening, use of color, sign restrictions, and accessory equipment placement. The proposed ordinance provides for a monitoring program that would allow the City Council to modify existing conditions or impose new conditions five years after the original approval of the facility and/or at annual intervals thereafter. Monitoring facilities will allow for changes made possible by new technologies in wireless communication. City Council Rep CA 97-002 - Ordinance 1192 January 19, 1998 Page 5 Ail wireless communication facilities to be located within City of Tustin public right of way or on property owned by the City of Tustin are exempt from the regulations and guidelines contained in Ordinance No. 1192. This exemption still allows for the City to review the design of the facilities, but gives the City more flexibility in approving the installation of wireless communication facilities and in executing franchise agreements for wireless communication networks within the City's public right-of-way. One such franchise agreement, with Metricom, Inc., is being considered at this time. Public Comments Prior to the distribution of the December 8, 1997 Planning Commission report on this item, the Community Development Department had received one comment letter (Attachment B) and two telephone calls from wireless communication industry representatives. The first set of written comments referenced two guidelines pertaining to major facilities and suggested changes pertaining to the acceptable locations for these facilities. In response to these comments, it should be noted that the only restrictions are that major faCilities are prohibited on all residential sites-and minor facilities are prohibited on vacant sites within residential zoning districts and on residentially developed sites. The distance from residential properties and proximity to above-ground utilities are only reviewed with major facilities and are guidelines. The changes suggested in the letter are already accommodated by the ordinance. The verbal comments focused on the determination of abandonment, the definition of a microcell, and the process for modifications to existing facilities. These comments were addressed by explaining the abandonment p~ocedure, by changing the term microcell to minicell to avoid ~confusion with the industry-used term "microcell", and by adding some wording to the applicability section regarding facility modifications. On December 8, 1997, the Community Development Department received a second comment letter on the proposed ordinance. Given the significance of the second comment letter, staff invited the industry representatives that provided comments to a special meeting. At the December 17. 1997 meeting, the following issues were identified by the providers: 1. Distance from residential properties The proposed ordinance contains a guideline that major wireless facilities should not be established within 300 feet from residential areas. The providers are not opposed to this distance guideline. However, they stressed that this guideline should not be misinterpreted as a fixed standard because there may be cases where the best location for a wireless facility is less than 300 feet from the nearest City Council RepoI CA 97-002 - Ordinance 1192 January 19, 1998 Page 6 . . residential area. No .changes to the proposed ordinance were needed regarding this issue because the distance to residential is already identified as a guideline. Prohibition in residentially zoned properties The providers suggested that the ordinance allow for the establishment of wireless facilities on properties within residential zoning districts that are occupied by nonresidential uses such as churches, utility substations and other public or quasi-public uses. Staff researched this issue and found that there are properties in the City of Tustin that are being used for nonresidential purposes that could accommodate wireless, facilities, and are zoned for residential uses or have underlying residential zoning designations. Therefore, staff revised the original version of the proposed ordinance to allow, in these cases, minor wireless communication facilities with the approval of a conditional use permit. One of the conditions would require that the facility be removed should the property be developed with residential uses. Conditional Use Permit requirement for major facilities in industrial areas As currently written, the proposed ordinance requires the approval of a conditional use permit and design review for all major facilities regardless of location. The providers asked staff to consider recommending that major facilities in industrial districts that are a certain distance from residential areas be processed through design review only. Because the City's industrial areas are developed with light industrial buildings and office complexes, and because there are aesthetic concerns associated with major facilities, staff. recommended that this section remain unchanged. Heiqht limited to maximum 'height permitted in applicable zoninq district An earlier version of the proposed ordinance limited the height of all wireless facilities to the maximum height permitted in the zoning district in which the facility is located. The providers expressed significant concerns regarding this height restriction. According to the industry representatives, additional height is needed to allow for adequate transmission and coverage. They recommended that the maximum height be increased to accommodate this need and to allow for roof mounted facilities on buildings built t© the maximum height of the district. In response to these concerns, staff modified the proposed ordinance to allow wireless communication facilities to exceed the height of the applicable zoning district by a maximum of ten (10) feet, with the approval of a conditional use permit. With variance City CoUncil Rep CA 97-002 - Ordinance 1192 January 19, 1998 Page 7 approval, this height limit could potentially be exceeded on a case-by-case basis. 5. Field Report . ~ The previous version of the proposed ordinance allowed the City to require on a case by case basis that providers conduct a preliminary report and field report to demonstrate that the facility is in compliance with electromagnetic fields and radiofrequency radiation standards. The providers find these studies burdensome because all providers are required by the Federal Communications Commission to meet these standards. They also questioned who would interpret the results of the reports On behalf of the City. It is staff's recommendation, as provided in the revised version of the ordinance, that the City maintain the ability to require these studies for facilities that are within 300 feet of residential areas or located on properties that are within residential zoning districts and developed with non-residential uses. The studies would only be required on a case-by-case basis. Monitorinq proqram Each wireless communication facility approved under the proposed ordinance would be reviewed by the original approval authority after five years to determine whether conditions of approval should be modified or added to reflect changes in technology. The providers are uncomfortable with this monitoring requirement because of the possibility that the new conditions would be unreasonable. They also do not feel that they should be required to respond to technological changes that only some of the carriers may be implementing. If a monitoring program were required, the providers noted that the process should be described more completely in the ordinance. Staff revised the ordinance slightly to require the Director's review, but recommends that the five (5) year monitoring program remain as part of the ordinance because there may be technological changes or changes in the surrounding communitY that justify modifications to the conditions of approval or the imposition of new conditions. As proposed, the ordinance would require that any changes to the conditions recommended by the Director be reviewed by the Planning Commission and be considered by the City Council. Submittinq a copy of the lease to the community Development Director The providers were concerned about releasing copies of their leases to the City because there is proprietary information contained within the documents. It was recommended by the industry representatives that only the lease expiration dates be provided to the City. Staff concurs that some of the information contained in leases is of no importance to the City Council Repo~ CA 97-002 - Ordinanue 1192 January 19, 1998 Page 8 City. As presented to the Planning Commission, the ordinance required a complete copy of the lease, with deletions approved by the Director. However, as now amended by the Planning Commission, the proposed ordinance only requires that a recorded memorandum of lease setting forth the term of the lease be submitted to the Community Development Department. ENVIRONMENTAL ANALYSIS An Initial Study/Negative Declaration was prepared for the ordinance. A revised version is attached to this report (Attachment D). Based upon review of the proposed ordinance, it has been determined that environmental issues relating to this project have been addressed. MitigatiOn measures identified in the Negative Declaration are included as provisions of the ordinance. Therefore, staff recommends that the City Council certify the Negative Declaration as adequate.and find that the requirements of the California Environmental Quality Act have been satisfied. Scott Reekstin Associate Planner Community Development Director Attachments: A ' Wireless Communication Facilities B - Comment letters C - Planning Commission Resolution No. 3566 D - Initial Study/Negative Declaration E - Resolution No. 98-6 F - Ordinance No. 1192 SCR:/ccrepo~Jca97002.$c~ ATTACHMENT A WIRELESS COMMUNICATION FACILITIES ATTACHMENT A WIRELESS COMMUNICATION FACILITIES APPLICATIONS SUBMITTED FROM MARCH 1996 THROUGH NOVEMBER 1997 Address ProvidedFacility Type Status 1452 Edinger 36 Auto Center 17821 Seventeenth 18062 Irvine 1001 Edinger 1671 El Camino Real 12850 Robinson 900 West First 14081 Yorba 1191 Warner Pacific Bell Mobile Services/ rooftop Smart SMR dba Nextel/monopole Cox California PCS/rooftop Pacific Bell/rooftop LA Cellular/monopole Cox California PCS/building Cox Communications/ light standards Cox Communications/ sign LA Cellular/ rooftop LA Cellulad rooftop, Existing Existing Existing Existing Withdrawn Plan Check Construction Plan Check Approved Approved ATTACHMENT B COMMENT LETTERS 10/09,'99 14:56 LA CELLULAR GOt-;ERN,*!ENT RELATIONS -: ?14 575 3115 r4O.SO? POOl CELLULAR Los Angeles Cellular Telephone Company October 9, 1997 Elizabeth A. Binsack Director Community Development City of Tustin RE: . Draft Wireless Telecommunications Ordinance BY FAX '/'14-573-3113 Dear Ms. 'Binsack: I have had the opportunity to review the draft of the telecommunications ordinance and generally find it acceptabie. I do, however have a couple of suggestions: Section f.l.b. It is not always feasible to locate ground-mounted tacilities in proximity to existing above-ground 'utilities. How about offering the opportunity to proVide a slealthing option that would mitigate the potential visual impact. Section h.1. The restriction of 300 feet from residentially zoned property places an unreasonable burden on the placement of telecommunications tacilities, particularly as residential use of wireless' telephones becomes commonplace. Often appropriate places, such as existing buildings or other structures, would be ruled out. For instance, the use of a field lighting standard at a school or park should not be discouraged. I would request that this distance be lessened, or a mitigation measure offered. Congratulations on a well 'researched and well wdtten draft: Thank you tot the opportunity to review it and bffer these suggestions for your consideration. Feel free to contact me anytime. ~ment Relations P.O. Box 6028 Cerritos, CA 90702-6028 (310) 924.0000 December 1, 1997 Nex' ~ol..,nunications 172; an Avenue, Irvine, CA 92614 714 8b,_o/300 FAX 714 862-2313 RECEIVED BEC - B 997 Scott Reekstin City of Tustin 300 Centennial Way Tustin, CA 92780 RE: Wireless Communication Facilities Ordinance Dear Scott: Nextel Communications Inc., has reviewed the draft proposal for a Wireless Communication Facilities Ordinance for the City of Tustin. Nextel applauds the City for taking the initiative in drafting the ordinance and generally agrees with the overall concept of reducing visual impact by "stealthing" the facilities. The proposed ordinance contains some points that l believe require clarification: Section 1El--Conditional Use Permit for Each Major VVireless Communication Facility. A statement is made regarding public safety "if the facilities are too close to overhead utilities, aircraft safety zones or sensitive uses." Some of the facilities can be located on utility poles or within the utility easement with the permission of the utility. All facilities must file with the Federal Aviation Administration (FAA) if they are within the aircraft safety zone. If the utility company or. the FAA approves such facilities, they should not be considered unsafe by the City of Tustin. It is unclear what "sensitive uses" refers to or how the location of the wireless facilities may be unsafe to them. Sect'ionlE8--Prohibition is Residential Areas. There are non-residential uses permitted in residential zones, i.e. Churches, schools, public utility and public/quasi-public buildings. It is conceivable that a wireless facility could be located on a non-residential use and meet the required criteria for visual impact. There is no evidence that the wireless facilities "would potentially threaten the safety of residents." SectionlE9--Locational Guideline of 300 feet to Residential for Major Facilities. This setback requirement is arbitrary. Each major facility should be reviewed on a case-by-case basis for aesthetic impact. Section1 E11--Locational Guideline for Industrial Districts. A statement is made that "... safety and health 'are improved by locating major facilities in areas that are more isolated from residential populations, schools and commercial activity." This statement is substantially incorrect. Isolating these facilities from populations does not increase the level of health or safety of residents. Section 1E12--Height Criteria for Major Wireless Communication Facilities. A statement is made that "Limiting the height...will.., decrease the likelihood of interference with aircraft flight patterns." As stated above, each facility must meet the requirements of the FAA, who review the placement of all facilities that could possibly interfere with air traffic. City of Tustin December 2, 1997 Page 2 Section 1E13--Requirement for Monitoring Program. It is unclear what the parameters are for monitoring and how it would be decided whether new technologies are suitable. Section 3b--Definitions, "Lattice Tower". Lattice towers can be any height but are generally not utilized in Southern California for heights below 200 feet unless on a communication "farm". These towers can hold considerably more antennas than the preferred monopoles but require considerably more ground space for their construction. As a side note, monopoles create less of a visual impact and can generally support no more than two carriers. Section 3b--Definitions, "Microcell". Please change the size of the panel antennas to four square feet in surface area so Nextel's facilities may also be included is this type of facility. Section 3--Other Criteria and Guidelines (3)c requires both a preliminary report and a field study by a qualified engineer. The preliminary report, also called a Power Density Study, is a mathematical calculation to show compliance with the FCC adopted standards. This study also meets the requirement of the licensing by the FCC. The field studies are very expensive and are no more accurate than the Power Density studies. As the FCC is the lead agency, the satisfaction of its requirement should be sufficient to the City of Tustin. Section 3g--Locational Criteria... (1)a does not allow facilities on a residentially zoned property. There are several uses allowed on residentially zoned properties such as churches, hospitals, utilities, etc. It seems reasonable to allow facilities via the Major Permit process on residentially zoned, non-residentially used property that meets the other criteria such as setbacks and mounting. Section 3h--Additional Locational Guidelines... (1)a and b disallows facilities within 300 feet of residentially zoned property. If the property has a non-residential use or if the facility is "stealthed", it again seem reasonable to allow the facility via the Major Permit process. Section 3h-Additional Locational Guidelines... (2)requires 100 separation between major facilities. It would make sense that this requirement be reviewed via Conditional Use Permit on a case by case basis because there are some instances that is makes more sense to group the facilities than to separate them, both from an aesthetic perspective and from a land efficiency perspective. Findings could be required of the applicant. · Section 3h--Additional Locational Guidelines...(4) indicates facilities are encouraged to be placed in Industrial or Planned Community Industrial districts. No such encouragement is found in the regulations. Additionally, unless these are industrial districts throughout the City, facilities will need to be installed within other zones to provide coverage and capacity. Section 3i--Height Criteria for Wireless Communication Facilities does not provide any vehicle for approval if the proposed facilities do exceed the zoned height or if the facility is proposed on a non-conforming building of greater than zoned height. It is reasonable that such proposals be reviewed via the Conditional Use Permit process. Section 3j--Monitoring Program allows for review by the original approval authority every five (5) years. If the facility is in compliance with the conditions of approval, the only new condition(s) should be those for health or safety. If the FCC changes its regulations for radio emissions, the City of Tustin December 2, 1997 Page 3 carriers must comply or be in violation of their license. It is unclear what the City's concern would be at the review if the carrier is in compliance with the FCC regulations and with the City's conditions of approval. Please feel free to call me at (714) 862 - 2342 if you have any questions or comments. Sincerely, N/e~ommunications Inc. (? Agent ]lbs1114.tus ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 3566 1 RESOLUTION NO. 3566 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 97-002 WHICH ADDS SECTION 9276, WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES, TO THE TUSTIN CITY CODE TO ESTABLISH REGULATIONS FOR PUBLIC AND PRIVATE WIRELESS COMMUNICATION FACILITIES IN THE CITY OF TUSTIN. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: a. That the existing regulations and guidelines for the establishment of wireless communication facilities were adopted on April 15, 1996 by Interim Urgency Ordinance No. 1167. B o That Interim Urgency Ordinance No. 1167 expires on March 4, 1998. C . m · That the adoption of permanent regulations and guidelines for wireless communication facilities will serve to reduce the potential for negative impacts on the community. That an amendment to the Tustin City Code to add Section 9276, Wireless Communication Facility Regulations and Guidelines, has been prepared to establish regulations for public and private wireless communication facilities in the City of Tustin. E . That a public hearing was duly noticed, called and held on this Code Amendment by the Planning Commission on January 12, 1998. F . That a Negative Declaration has been recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. G. That the proposed code amendment is consistent with the General Plan, particularly the Land Use Element, thereby ensuring consistency between the General Plan and the Zoning Code. II. The Planning Commission hereby recommends that the City Council approve Code Amendment 97-002, adding Section 9276 to the Tustin City Code, as shown and attached hereto as Exhibit A. 28 ¸' 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Resolution No. 356~ Page 2 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 12th day of January, 1998. HOW~b M~T ~MAi~ Z Chairman Planning Commission Secretary STATE OF .CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of'the city of Tustin, California; that Resolution No. 3566 was duly passed and adopted at regular meeting of the Tustin Planning Commission, held on the 12th day of January, 1998. H A. BINSACK Planning Commission Secretary 28 ATTACHMENT D INITIAL STUDY/NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 5 73-3105 NEGATIVE DECLARATION Project Title: WIRELESS COMMUNICATION FACILITIES ORDINANCE Project Location: N/A Project Description: AN ORDINANCE TO ESTABLISH REGULATIONS FOR PUBLIC AND PRIVATE WIRELESS COMMUNICATION FACILITIES IN THE CITY OF TUSTIN. PrQectProponent: CITY OF TUSTIN Lead Agency Contact Person: SCOTT REEKSTIN Telephone: (714) 573-3016 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: That there is no substantial evidence that the project may have a significant effect on the environment. That 'potential sigrdficant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for lhis determination is attached and is on file at the Community Development.Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for t~venty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON Date 11/17/97 NEGDEC.PM5 3704.A DECEMBER 8, 1997 .~ , Elizabeth A. Binsack Community DevelOpment Director COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3]05 INITIAL STUDY Ae BACKGROUND Project Title:' WIRELESS COMMUNICATION FACILITIES ORDINANCE Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: SCOTT REEKSTIN Project Location: N/A Phone: (714)573-3016 Project Sponsor's Name and Address: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 General Plan Designation: N/A Zoning Designation: N / A Project Description: AN ORDINANCE' TO ESTABLISH REGULATIONS FOR PUBLIC AND WIRELESS COMMUNICATION FACILITIES' IN THE CITY OF TUSTIN. PRIVATE Surrounding Uses: North N/A East N/A South N/A West N/A Other public agencies whose approval is required: [] Orange County Fire Authority [] Orange County Health Care Agency [] South Coast Air Quality Management District [] Other City oflrvine [] City of Santa Aha [] Orange County EI%A g. ENVIRONMENTAL FACTORS'POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [] Land Use and Planning 12 Hazards [2 Population and Housing 12 ' Noise UI Geological Problems [] Public Services UI Water [-I Utilities and Service Systems ' 12 Air Quality l~ Aesthetics [-3 Transportation & Circulation [2 Cultural Resources UI Biological Resources 12 Recreation {2 Energy and Mineral Resources [] Mandatory Findings of Significance Co DETERMINATION- Oh the bakis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sh~ts have been added to the projecL A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the en'¢ironment, and an ENV~ONM:ENTAL IMPACT REPORT is required. . I find that the proposed project MAY have a significant effect(s) on the emSronment, but at least one effect i) has b~n adequately .analyzed in an earlier document pursuant to applicable legal standards,, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must ana132e only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT ~ a si~cant effect in tiffs case because all potentially significant effects 1) have b~n analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a sigrfificant effect on the em4_~:onment, there WB.,L NOT be a significant effect in tiffs case because all potent/ally significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECL,&RATION pursuant to app!icable standards, and 2) have been avoided or mitigated pursuant to that earlier' NrEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Signature PfintName SCOTT REEKSTIN Date 11/17/97 Trtle ASSOCIATE PLANNER D. ENVIRONMENTAL IMPACTS: [-I Earlier analyses used: Available for review at: City of TusIin Community Development Department LAND uSE & PLANNING - HZould the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the viciniw? d) Affect agricultural resources or operations? e) Disrupt or ctivide the physical arrangement of an established community (including a low-income or minority communit3')7 2. POPULATION & HOUSING - Would the proposal: , a) Cumulatively exceed official regional or local population projections? b) Induce substantial grov, n.h in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS - Would the proposal result in or expose people Io potential impacts involving: a) Fauli rupture? b) Seismic ground sh 'aking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic h~Tard? e) Landslides or mudflows? f) Erosion, changes in topo~aphy or unstable soil conditions from excavation, ~ading, or fill7 g) Subsidence of land? h) Expansive soils? i) Unique geolo~c or physical features? 4. WATER - 14Zould the proposal result in: a) b) d) e) Changes in absorption rates, drainage patterns, or the rate and amount of surface nmoff7 Exposure of people or property to water related hazards such as flooding? Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved ox3'gen or turbidit3,)? Changes in the amount of surface water in any water body? ' Changes in current% or the course or direction of water movements? Potentially Significant Impact Potentially Significant Unless A~itigation ]ncorporaled Less than Significant Impact Impact © f) Change in the quantity of ground waters, cithcr through. direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capabilit3? g) Allered direction or rate of ilow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. AIR QUALITY - 14'buld the proposal: Potentially Significant Impact Polcntlallv Significant Unless g~itigation Incorporated Less than Significant Impact Impact , a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? TRANSPORTATION & CIRCULATION - I4,buld the proposal result in: a) Increased vekicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp ctm,es or dangerous intersections) or incompatible uses (e.g., farm equipment)? . c) Inadequate emergency access or access to nearby uses? d) Insufficient parldng capacity onsite or offsite? e) Hazards or barriers for p~estrians or bicyclists? Conflicts ,a4th adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle rac -ks)? g) Rail, waterborne or air traffic impacts? BIOLOGICA.L RESOURCES - Would the proposal result in impacts to: a) Endangered, threatened br rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally desig'natcd species (e.g., heritage trees)? c) Locally desi~m'mted natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)?' e) Wildlife dispersal or migration corridors? . . ENERGY & MINERAJ_, RESOURCES -.I~,buld the proposal: a) Conflict -~4th adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a 'known mineral resource that would be of future value to the re,on? 9. HAZARDS - Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including,. but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards7 e) Increased fire hazard in areas with flammable brush, grass, or trees7 10. NOISE - Would the proposal result in: 11. 12. a) Increases in existing noise levels? b) Ex'postire of people to severe noise levels? PUBLIC SERVICES - Would the proposal have an effect upon, or result in a need for new or altered government sen,ices in any of the following areas: a) Fire protection? b) · Police protection? c) Schools? d) Maintenance of public £acilifies, including roads? e) Other government ser,'ices? UTILITrl:'.S & SERVICE SYSTEMS - Would the proposal result in a need for new systems'or supplies, or substantial alterations to the fo!lowing utilities: a) Power or natural gas?. b) Communications systems? c) . Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? Solid waste disposal? g) Local or re~onal water supplies? 13. AESTttETICS - Would the proposal: a) Affect a scenic x4sta or scenic h/ghway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? Potentially $i£m ficant ]mpact .~i£niftc~n! Unless 3~iligation Incorporated Less than Impact No ]mpacl 14. CULTURAL RESOURCES - l'I~ould the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a phy'sical change which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION - PIZould the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational oppontmities? 16. MA. NDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to de~ade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining lex,els, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California kistory or prekistory? b) Does the project have the potential to ackiex,e short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are indMdually limited, but cumulatively considerable? CCumulatively considerable" means that the incremental effects of a project are considerable when viexved in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have emS. ronmental effects wh/ch ~-ill cause substantial adverse effects on human beings, either directly or indirectly? ?olcnliallv .~i~.'ni ftcant ~olcn/iall. v Un/ess Lc.rs than Significant 3(iligalion Significant Impact ]ncorporaled Jmpacl ]x:O ]mpacl E, EVALUATION OF ENVIRONMENTAL 'IMPACTS Please refer to AttaChment A for an evaluation of the environmental impacts identified in SeCtion D above. INITSTUD. PM5 3702A ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CODE AMENDMENT 9 7 - 0 0 2 BACKGROUND The proposal is a code amendment to establish regulations for public and private wireless communication facilities in the City of Tustin. Similar regulations were established in Urgency Ordinance No. 1167, which will expire on March 4, 1998. The failure to implement permanent wireless communication regulations may result in a substantial number of wireless communication facilities being installed without controls needed to protect the public health, safety and welfare. The proposed code amendment categorizes wireless communication facilities as minor or major facilities. All proposed facilities require design review approval. All major and certain minor facilities also require conditional use permit approval. The proposal would establish regulations and guidelines for wireless communication facilities that would serve to reduce the potential for negative impacts on the community. ENVIRONMENTAL SETTING The proposal is a code amendment which could have indirect impacts citywide, but is not location-specific. Environmental concerns specific to the project are primarily focused on potential land use and aesthetics impacts related to the implementation of the proposed code amendment. A detailed analysis of these and other environmental issues is addressed in the following discussion, which is provided to substantiate the responses to the checklist questions presented in Section D of this Initial Study. .- . LAND USE & PLANNING Items a, b, d and e - "No Impact"- The proposed code amendment does not conflict with the Tustin General Plan, Tustin Zoning Code, or environmental.plans. The proposal will .not affect agriculture or divide an established community. Item c - "Potentially Siqnificant Unless Mitiqation Incorporated": The proposal establishes regulations for new. or substantially altered existing wireless communication facilities. These facilities could be considered incompatible with some existing land uses in the vicinities of their proposed locations. Attachment A - Evaluation of Environmental Impacts Wireless Communication Facilities Ordinance Page 2 Sources: Project Description Tustin Community Development Department City of Tustin General Plan City of Tustin Zoning Code Mitiqation/Monitorinq Required: To improve compatibility with adjacent land uses, the following mitigation measures are'included in the proposed ordinance: Wireless Communication facilities shall be located in the following order of preference: 1) On existing structures such as buildings, communication towers, church steeples and freestanding signs. 2) 3) In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. On vacant ground without significant visual mitigation only in commercial and industrial zoning districts. No major wireless communication facility shall be established within any City of Tustin residential, zoning district; or on property that contains any legally- established residential use. Providers requesting permission to establish major wireless communication facilities in the City of Tustin shall find sites that are separated from residential areas to the greatest extent feasible. No major wireless communication facility should be established within three hundred (300) feet of: a) Any City of Tustin residential zone or land use district; b) AnY legally-established residential use. No · major wireless communication facility should be established within one hundred ( 10 0 ) feet of any existing, legally establish'ed major wireless communication facility except when co-located on the same building or structure. Attachment A - Evaluation of Environmental Impacts Wireless Communication Facilities Ordinance Page 3 Major wireless communication facilities should be encouraged to locate on properties which are located within the Industrial (M) and Planned Community Industrial (PC-IND) zoning districts. No wireless communication facility shall exceed by more than ten (10) feet the maximum height permitted in the zoning district in which the facility is located. . POPULATION & HOUSING Items a throuqh c - "No Impact": The proposal will'not affect existing housing or create a demand for additional housing, as no dwelling units are proposed. The proposed project would establish standards for wireless communication facilities that are intended to serve the existing local and sub-regional population. Sources: Project description Tustin Community Development Department Mitiqation/Monitoring Required: None Required. o GEOLOGICAL PROBLEMS Items a through i - "No Impact". No unstable conditions, significant changes in topography or exposure to geological hazards will result from the subject proposal. The proposed code amendment is, for a change of land use regulations only; no development is associated with the proposal. Any potential impacts related to minor .grading activity or excavation for the construction of footings and/or foundations required for individual wireless communication 'facilities would be addressed under separate CEQA review. Sources: Project description Tustin Community Development Department Mitiqation/Monitoring Required: None Required. WATER I,tems a throuqh i - "No Impact": The proposed code amendment would not result in any changes to any existing water conditions. Specific proposals for wireless communication Attachment A - Evaluation of Environmental Impacts Wireless Communication Facilities Ordinance Page 4 facilities will be evaluated on a case by case basis for water related impacts. Sources: Project Description Mitiqation/Monitorinq Required: None Required. 5. AIR QUALITY Items a throuqh d - "No Impact"- Based on a review of The South Coast Air Quality Management District's (SCAQMD) CEOA Air Quality Handbook, this project will not result in any degradation to the existing air quality. Any possibility of dust generated by future construction activity will be evaluated and, if necessary, mitigated during the review of that specific development proposal. Sources: Project Description Tustin Community Development Department South Coast Air Quality Management District. 1993. CEQA Air Quality Handbook. Mitiqation/Monitorinq Required: None Required. . , TRANSPORTATION & CIRCULATION Items a through q - "No Impact": The proposed code amendment will not alter existing circulation patterns. The project will have no effect on existing access or circulation routes, parking, emergency or pedestrian access, or other modes of transportation. The installation of wireless communication facilities may generate temporary construction traffic near individual sites which would be evaluated on a case by case basis. Sources: Project Description City of Tustin General Plan City of Tustin Public Works Department City of Tustin Zoning Code Mitiqation/Monitoring Required: None required. BIOLOGICAL RESOURCES Items a throuqh e - "No Impact". The proposal will not result in any impacts to biological resources. However, future Attachment A - Evaluation of Environmental Impacts Wireless Communication Facilities Ordinance Page 5 wireless communication facilities constructed according to the proposed regulations will be evaluated on an individual basis. Sources: Tustin Community Development. Department City of Tustin General Plan Mitiqation/Monitoring Required: None Required. ENERGY & MINERAL RESOURCES Items a throuqh - "No Impact": The proposed change in land use regulations will not impact energy and mineral resources. Future wireless communication facilities will be evaluated for such potential impacts on an~individual basis. Any future construction would need to comply with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code. Sources: Tustin Community Development Department Project Description Mitiqation/Monitorinq Required: None Required. . HAZARDS Items a throuqh e - "No Impact". There is no risk of explosion,, interference with emergency response plans, creation or exposure of people to health hazards, or increased fire hazard associated with the project.. Within 90 days of commencement of operations, applicants for wireless communication facilities that are located within 300 feet of residential areas or located on properties that are zoned residential and developed with a nonresidential use, may be required to provide a preliminary report and field report prepared by a qualified engineer that shows the operation of the facility is in conformance with the standard established by the American National Standards' Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and RadiofrequencY radiation (RFR). Each wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be reviewed by the Community Development Director at the end of five (5) years from the date of design review and/or.conditional use permit approval. The Director may defer this review to the Planning Attachment A - Evaluation of Environmental Impacts Wireless Communication Facilities Ordinance Page 6 Commission on a case-by-case basis. The Director or Planning Commission, as applicable, may recommend a condition of approval to the Planning Commission or the City Council, respectively, to modify existing conditions or impose new conditions as part of this review to protect the public health~ safety and general welfare, which condition shall be subject to the approval of the City Council. Sources: Project Description City of Tustin Building Division Orange County Fire Authority Mitiqation~Monitorinq Required: None Required. 10. NOISE Items a and b - "No Impact". The proposed code amendment itself will not result in any increases in noise levels or exposure of people to severe noise levels. However, the development of wireless Communication facilities could create short-term construction noise impacts. ~Any such construction would be required to meet the standards of the City's noise ordinance. Future wireless communication facilities will be evaluated on an individual basis to determine the potential to create noise impacts. Sources: Project Description Tustin Community Development Department City of Tustin General Plan Tustin City Code Article 4, Chapter 6 Mitiqation/Monitorinq Reauired: None Required. 11. PUBLIC SERVICES Items a throuqh e - "No Impact": The proposal will not have an effect upon, or result in a need for, new or altered government services. Sources: Various City Departments · Project description Mitiqation/Monitoring Required: None Required. Attachment A - Evaluation of Environmental Impacts Wireless Communication Facilities Ordinance Page 7 12. UTILITIES & SERVICE SYSTEMS Items a-q - "No Impact": The proposal will not require the expansion of existing facilities or require the construction of new facilities, such as natural gas, electric, water, sewer, storm drainage, solid waste disposal or communications. The proposed code amendment will only provide standards for new wireless communication facilities and does not affect existing facilities. Sources: Project Description Tustin Community Development. Department Mitiqation/Monitoring Required:· None required. 13. AESTHETICS Items a throuqh c -"Potentially Siqnificant Unless Mitiqation Incorporated": The proposed code amendment itself will not affect a scenic vista or scenic highway, create light or glare, or negatively affect aesthetics. However, the implementation of the regulations will have an indirect effect on aesthetics. Every new wireless communication facility will be subject to the City's design review and/or conditional use permit processes. Through these processes, it is required that the facilities be compatible with surrounding properties to the greatest extent feasible. Sources: Project Description Tustin Community Development Department Mitiqation/Monitoring Required: Wireless communication facilities may not create any glare on adjoining properties. Wireless communication facilities shall have subdued colors and non-reflective materials with blend with surrounding materials and colors. Facilities shall be located in areas that minimize their aesthetic intrusion on the surrounding community. For building mounted facilities, all screening shall be compatible with the existing architecture, color, texture and/or materials of the building. 14. CULTURAL RESOURCES Items a through d -"No Impact": The'proposal will not affect cultural resources. However, individual wireless Attachment A - Evaluation of Environmental Impacts Wireless Communication Facilities Ordinance Page 8 communication facilities will be reviewed for their potential impact on cultural resources. Sources: Tustin Community Development Department Mitigation/Monitorinq Required: None Required. 15. RECREATION Items a and b - "No Impact": The proposed code amendment will not affect parks, recreational facilities, or existing recreational opportunities. Sources: Project description Tustin Community Development Department Mitiqation/Monitorinq Required: None Required. 16. MANDATORY FINDINGS OF SIGNIFICANCE Items a throuqh d - "No Impact": Based upon the information contained in this Initial Study, the project in and of itself will not cause negative impacts to wildlife habitat nor achieve any short-term environmental goals, nor have impacts which are potentially individually limited but are cumulatively considerable and could potentially have an indirect adverse impact on human beings. The project's scope does not have the potential to achieve short-term environmental goals to the disadvantage of long term environmental goals in that the project is a proposal to establish regulations for wireless communication facilities. Sources: As stated above Mitiqation/Monitoring Required: As stated above. scr~ communi c: wire- ord. EN2 ATTACHMENT E RESOLUTION NO. 98-6 1 RESOLUTION NO. 98-6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 97-002, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: no Code Amendment 97-002 is considered a "project" pursuant to the terms of the California Environmental Quality Act. o A Negative Declaration has been prepared for this project and has been distributed for public review. C . Whereby, the Planning Commission and City Council of the City of Tustin have reviewed and considered the Negative Declaration. D o The Planning Commission and City Council have determined that the proposed final Negative Declaration is adequate and complete. II. A Final Negative Declaration has been completed in compliance with CEQA and State guidelines. The City Council, having approval authority for Code Amendment 97- 002, has received and considered the information contained in the Negative Declaration, prior to approving the proposed project, and found that the Negative Declaration adequately discussed the environmental effects of the proposed project. On the basis of the initial study and comments received during the public review process, the City Council has found that the proposed~ project would not have impacts on the environment. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 19th day of January, 1998. JEFFERY M. THOMAS MAYOR PAMELA STOKER CITY CLERK ATTACHMENT F ORDINANCE NO. 1192 1 ORDINANCE NO. 1192 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING REGULATIONS FOR PUBLIC AND PRIVATE WIRELESS COMMUNICATION FACILITIES IN THE CITY OF TUSTIN. The City Council of the City of Tustin does hereby ordain as follows: Section 1. Findinqs. The City Council of the City of Tustin finds and determines as follows: a. The existing regulations and guidelines for the establishment of wireless communication facilities were adopted on April 15, 1996 by Interim Urgency Ordinance'No. 1167. B . Interim Urgency Ordinance No. 1167 expires on March 4, 1998. C . The adoption of permanent regulations and guidelines for wireless communication facilities will serve to reduce the potential for negative impacts on the community. D . Failure to implement wireless communication regulations through the adoption of this ordinance will result in a substantial number of wireless communication facilities being installed or modified without controls.needed to protect the public health, safety and aesthetics. E . The requirements and restrictions imposed by this Ordinance are necessary to protect the health, safety and aesthetics of the City of Tustin as follows: 1. Conditional Use Permit for Each Major Wireless Communication Facility. The City's objective is to promote safety, aesthetics and land use compatibility between major wireless communication facilities and neighboring land uses. Major wireless facilities are often 'highly visible because of their size and/or height, thereby potentially impacting the aesthetics of the community. Public safety could be implicated if the facilities are overconcentrated in a specific area, or are close to overhead utilities, aircr.aft safety zones, or sensitive residential or institutional uses. The requirement for a conditional use permit allows the City to examine these issues. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page 2 , , , . , Desiqn Review Approval for any Wireless Communication Facility. The City's objective is to promote aesthetic compatibility. The requirement for design review allows the City to examine aesthetic issues by analyzing items such as the height and bulk of the facility, colors, exterior illumination, relationship to adjacent structures, and design. Screeninq Criteria and Guidelines. The City's objective is to promote and protect an aesthetic environment by requiring the use of subdued colors, nonreflective material and grouping of facilities with Other compatible structures. Site Selection Order of Preference. The City's objective is to promote and protect an aesthetic environment by requiring that wireless facilities be located and/or co-located in areas that are the least Obtrusive to the community. Siqn restrictions. The City's objective is to promote aesthetics and prevent sign clutter. Accessory equipment restrictions. The City's objective is to promote and protect an aesthetic and safe environment. The placement of accessory equipment within a building, enclosure, or underground vault reduces the visual impacts of the equipment and protects the public from potential hazards associated with improper unauthorized contact with the equipment. Preliminary and Field Reports. The City's objective is to promote and protect the public's safety and health by having the flexibility to request, on a case by case basis, that reports be submitted to demonstrate that the operation of the facility is in compliance with. safe human exposure limits. Prohibition of Minor Facilities in Residentially Developed Areas and Vacant Residential Zoninq Districts; Prohibition of Major Facilities in Ail Residential Areas. The City's objective is to promote safety and aesthetic compatibility with residential uses. Wireless facilities are nonresidential uses that are commercial in nature and may require servicing, maintenance and access at any time. These activities would potentially threaten the safety of residents. In addition, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 PaGe 3 . the facilities may be aesthetically intrusive to residents. Locational Guideline of 300 feet to Residential for Major Facilities. The City's objective is to promote aesthetic compatibility with residential uses. Major wireless facilities are often highly visible because of their size and/or height, thereby potentially affectinG views, creatinG Glare and impactinG the overall'aesthetics of the residential uses in the vicinity. 10. Locational Guideline of 100 feet Between Major Facilities. The City's objective is to promote and protect an aesthetic environment by preventinG the proliferation of major facilities within a certain concentrated area. 11. Locational Guideline for Industrial Districts. The City's objective is to promote aesthetics, health, and safety by encouraginG the location of major facilities in industrial districts. Aesthetics are a lesser concern in industrial areas and the perception of safety and health are improved by locatinG major facilities in areas that are more isolated from residential populations, schools, and commercial activity. 12. Height Standards ~for Wireless Communication Facilities. The City's objective is to promote aesthetics and safety. Limiting the height of wireless facilities will reduce the visual blight associated with these facilities and decrease the likelihood of interference with aircraft flight patterns. 13. Requirement for Monitoring Program. The City's objective is to protect the public health and safety by reviewing the operation of the wireless facility after a five year period' and/or at annual intervals thereafter, and imposinG additional conditions of approval, if warranted. MonitorinG the facility will allow for changes made possible by new technologies 14. Conditional Use Permit Expiration. The City's objective is to promote safety by requirinG that a facility be removed upon termination of the lease. This requirement will reduce the possibility that a wireless facility will be abandoned and not maintained. In addition, this requirement will provide for the implementation 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '27 28 ordinance No. 1192 Page 4 of new technologies in replacement facilities that might be built after the original facility's removal. 15. Removal Required for Abandoned Facilities. The City's objective is to promote and protect an aesthetic and safe environment by requiring that facilities be removed if they are not used for a period of ninety days. Abandoned facilities that are not promptly removed would contribute to the blighting of the community and would present potential safety hazards related to vandalism and unauthorized use of the abandoned facility. F . That a Public Hearing was duly noticed, called and held on this Ordinance by the Planning Commission on January 12, 1998 and by the City Council on January 19, 1998. Go A Negative Declaration was prepared for this project as set forth in the California Environmental Quality Act. The Negative Declaration was considered and approved by the City Council. Section 2. Section 9242(b) (j), of Article 9, Chapter 2, Part 4 of the Tustin City Code; Section VI.C.13. of the Planned Community District Regulations for the Irvine Industrial Complex (Franklin and Walnut Avenues)) adopted by Ordinance No. 611; and Subsection 1 of the Subsection entitled "Conditionally Permitted Uses" of Section I of Part I of the Planned Community District Regulations for the Irvine Industrial Complex (Red Hill, Warner, Bell, Mosher, and Morgan Avenues) adopted by Ordinance No. 400, are hereby repealed in their entirety. Section 3. Section 9276 of Chapter 2, Article 9 is hereby added to the Tustin City Code to read as follows: "9276 WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES a Purpose The purpose of these regulations and guidelines is to regulate the establishment and modification of all wireless communication facilities outside the public right of way and City of Tustin property, and to protect the public health, safety, aesthetics, and quality of life of Tustin citizens. The Tustin City Council has found and determined that these regulations and guidelines for wireless communication facilities are necessary to attain these objectives. 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page 5 b Definitions Unless otherwise stated, the following definitions pertain to this Section. "Antenna" means a device used in communications which transmits or receives radio signals. "Antenna, Dish" means a dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna, microwave dish antenna, or satellite dish. "Antenna, Microwave" means a dish antenna. "Antenna, Panel" means an antenna or array of antennae that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also referred to as directional antennae. "Antenna, Whip" means an antenna that transmits signals in 360 degrees. They are typically cylindrical in shape and are less than six inches in diameter and measure up to 18 feet in height. Also called omnidirectional, stick or pipe antennae. "Building-mounted" means mounted to the side of a building or to another structure such as a water tank, billboard, church steeple, freestanding sign, etc. "California Public Utilities Commission (CPUC)" means the governmental agency which regulates the terms and conditions of public utilities in the State of California. "Certificate of Public Convenience and Necessity" means a certificate issued by the California Public Utilities Commission. "Co-location" means the locating of wireless communications equipment from more than one provider on a single building- mounted, roof-mounted or ground-mounted wireless communication facility. "Electromagnetic Field" means the local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor. "Ground mounted" means mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting such antenna. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page 6 "Lattice Tower" means a structure with three or four steel support legs that supports a variety of antennae. These towers generally range in height from 60 to 200 feet and are constructed in areas where great height is needed, microwave antennas are required, or where the weather demands a more structurally-sound design. "Major Wireless Communication Facility" means a wireless communication facility that: . Is ground mounted on property not within the public right-of-way; or Is building or roof mounted and exceeds ten (10) feet in height and does not exceed the maximum height permitted in the zoning district in which the facility is located; or 3 Is building or roof' mounted and exceeds the maximum height permitted in the zoning district in which the facility is located by a maximum of ten (10) feet. "Minicell" means a wireless communication facility that meets all of the following criteria: Contains. a maximum of six whip or panel antennae. Each whip antenna does not exceed 6" in diameter and four feet in length. Each panel antenna does not exceed two square feet in surface area. . Contains a maximum of one microwave antennae no larger than ten square feet in surface area. 3. Has an array of antennae less than ten feet in height. 4. Is building or roof mounted. . Has a total height that does not exceed the maximum height permitted in the applicable zoning district in which the facility is located. "Minor Wireless Communication Facility" means a wireless communication facility that: 1. Consists of a minicell; or . Is building or roof mounted and is less than ten (10) feet in height and does not exceed the maximum height permitted in the zoning district in which the facility is located. 10 11 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page 7 "Monopole" means a structure composed of a single spire used to support antennae and related equipment. "Mounted" means attached or supported. "Private Wireless Communication Facility" means a wireless communication facility that has not been granted a Certificate of Public Convenience and Necessity or a Corporate Identification Number by the California Public Utilities Commission. "Public Right of Way" means and includes all public streets, sidewalks, and utility easements, now or hereafter owned in fee or easement by the City of Tustin. "Public Wireless Communication Facility" means a wireless communication facility that has been granted a Certificate of Public Convenience and Necessity and/or a Corporate Identification Number by the CPUC. "Radiofrequency Radiation" means electromagnetic radiation in the portion of the spectrum from 3 kilohertz to 300 gigahertz. "Roof-mounted" means mounted above the eave line of a building. "Unipole" means a structure composed of a single spire used to support antennae and related equipment that are incorporated into a single vertical element. Also called unicell. "Wireless Communication Facility" means any public or private structure that supports antennae (dish, panel, whip, etc.), microWave dishes and other related equipment that sends and/or receives radiofrequency signals. This includes facilities for personal wireless services as defined in the Telecommunication Act of 1996, 47 U.S.C.- 332 (c) (7) . Applicability of this Section . Ail wireless communication facilities for which applications were approved and/or building permits issued by the Community Development Department on or prior to the adoption date of Ordinance No. 1192 shall be exempt from the regulations and guidelines contained herein, unless Section 9276,c.2. or Section 9276,c.5. applies. , Ail wireless communication facilities for which building permits have expired, and have not been 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page 8 d renewed on or prior to the adoption date of Ordinance No. '1192, shall be required to comply with the regulations and guidelines contained herein. 3. Ail wireless communication facilities to be located within City of Tustin public right of way or on property owned by the City of Tustin. shall be exempt from the regulations and guidelines contained herein. Ail satellite dishes of one (1) meter or less in diameter in residential districts and of two (2) meters or less in commercial or industrial districts shall be exempt from the regulations and guidelines contained herein. Dish antenna exceeding three (3) feet in diameter shall be regulated by Section 9271(y) and not 'by the provisions of this section. As used herein, "dish antenna" includes satellite dishes, multichannel'multipoint distribution service ("MMDS") antennas and television antennas. . Ail modifications to wireless communication facilities for which applications for the modifications were submitted on or after the adoption date of Ordinance No. 1192 shall be required to comply with the regulations and guidelines contained herein. Modifications to nonconforming wireless communication facilities that are nonconforming with respect to any provision of Ordinance No. 1192 must first receive Planning Commission approval of a conditional use permit as established by Tustin City Code Section 9291. Modifications to nonconforming wireless communication facilities shall not increase the nonconformities. Requirement for Conditional Use Permit The following 'must first receive Planning Commission approval of a conditional use permit as established by Tustin City Code Section 9291: i . . Any major wireless communication facility established or modified in the City of Tustin. Any minor wireless communication facility established or modified within any City of Tustin residential zoning district on property that contains any legally established nonresidential use and no legally eStablished residential use. 3. Any wireless communication facility established or modified in the City of Tustin that exceeds the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page 9 maximum height permitted in the zoning district in which the facility is located. Requirement for Design Review Design Review approval shall be required prior to the establishment or modification of any wireless communication facility in accordance with Tustin City Code Section 9272. If a conditional use permit and/or a variance is required, the Design Review authority shall be deferred to the Planning Commission. Development Criteria and Guidelines for all Wireless Communication Facilities 1. Screening Criteria and Guidelines a) Wireless communication facilities shall have subdued colors and non-reflective materials which blend with surrounding materials and colors. b) Wireless communication facilities shall be located in areas that will minimize their aesthetic intrusion on the surrounding community. Ground-mounted facilities should only be located in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for eventual removal or undergrounding), light poles, or trees of comparable heights. For building mounted facilities, all screening shall be compatible with the existing architecture, color, texture and or materials of the building. 2. Site Selection Order of Preference a) Wireless communication facilities shall be located in the following order of preference: 1) On existing structures such as buildings, communication towers, church steeples, freestanding signs, and/or co-located on existing facilities. 2) In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. 3) On vacant ground without significant visual mitigation only in commercial and industrial zoning districts. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page 10 b) As part of the application process, apPlicants for wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in accordance with the Site Selection Order of Preference. 3. Other Criteria and Guidelines a)~ wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signage, unless signage is approved by the City in accordance with the City of Tustin Sign Code. · b) 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 zoning district in which the accessory equipment is located, unless other less obtrusive alternatives are identified and approved by the City. c) Within 90 days of commencement of operations, applicants for wireless communication facilities that are located within 300 feet of residential areas or located on properties that are zoned residential and developed with a nonresidential use, may be required to provide a preliminary report and field report prepared by a qualified engineer that shows the operation of the facility is in conformance with the standard established by the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and Radiofrequency radiation (RFR). Locational Criteria for Ail Wireless Communication Facilities Except as permitted by Section 9276,c.4., no wireless communication facility shall be established: a) b) On vacant property within any City of Tustin residential zoning district; or On property that contains any legally-established residential use. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page 11 h o No major wireless communication facility shall be established: a) Within any City of Tustin residential zoning district; or b) On property that contains any legally established residential use. . A minor wireless communication facility may be established or modified within any City of Tustin · residential zoning district on property that contains any legally established nonresidential use and no legally established residential use, with the approval of a conditional' use permit by the Planning Commission. Should the property subsequently be developed with a residential use, the conditional use permit shall become null and void, and the facility shall be removed. Additional Locational Guidelines for Major Wireless Communication Facilities . Providers requesting permission to establish major wireless communication facilities in the City of Tustin shall find sites that are separated from residential areas to the greatest extent feasible. No major wireless communication facility should be established within three hundred (300) feet of: a) Any City of Tustin residential zone or land use district; b) Any legally-established residential use. . No major wireless communication facility should be established within one hundred (100) feet of any existing, legally established major wireless communication facility except when co-located on the same building or structure. . For the purposes of this Ordinance, 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 land use, Land Use District, or zone described in Subsection (a) above, or to the nearest point of another major wireless communication facility described in Subsection (b). Major wireless communication facilities should be encouraged to locate and/or co-locate on properties 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page.12 which.are located within Industrial (M) and Planned Community Industrial (PC-IND) zoning districts. i Height Standards for Wireless Communication FacilitieS No wireless communication facility shall exceed by more than ten (10) feet the maximum height permitted in the zoning district in which the facility is located. j Monitoring Program Each wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be reviewed by the Community Development Director at the end of five (5) years and/or at annual intervals thereafter from the date of design review and/or conditional use permit approval. The Director may defer this review to the Planning Commission on a case-by-case basis. The DirectOr or Planning Commission, as applicable, may recommend a .condition of approval to the Planning Commission or the City Council, respectively, to modify existing conditions or impose new conditions as part of this review to protect the public health, safety, community aesthetics and general welfare, which condition shall be subject to the approval of the City Council. k Conditional Use Permit Expiration Each major wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be approved for a period not to exceed the term of the lease with the property owner, including any extension thereof, for the major wireless communication facility. A recorded memorandum of lease setting forth the term of the lease shall be submitted to the Director prior to the issuance of a building permit for the major wireless communication facility. If the lease is extended or terminated, the operator of the wireless communication facility shall provide notice and evidence thereof in writing to the Community Development Director no later than five (5) days prior to the extension or termination of the lease. Upon termination or expiration of the lease, the conditional use permit for the facility shall become null and void and the facility removed. 1 Abandonment A wireless communication facility is considered abandoned if it no longer provides wireless communication service. If the use of a facility is discontinued for any reason, the operator of the wireless communication facility shall 10 11 12 13 14 15 16 17 18 19 2¸0 21 22 23 24 25 26 27 28 Ordinance No. 1192 Page 13 notify the City of Tustin in writing no later than five (5) days after .the discontinuation of use. LawfullY erected wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements. A written notice of the determination of abandonment shall be sent or delivered to operator of the wireless communication facility. The operator shall have thirty (30) days to remove the facility or provide the Community Development Department with evidence that the use has not been discontinued. The Planning Commission shall review all evidence and shall determine whether or not the facility is abandoned. All facilities not removed within the required thirty (30) day period shall be in violation of the Code and operators of the facility and the owners, of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this Section. m Violations/Penalties Violations of this Ordinance shall constitute a public nuisance and shall also constitute a misdemeanor punishable by fine or imprisonment or both. Each day the violation continues is punishable as a separate offense pursuant to Tustin City Code Section 1121." Section 4. Severability Ail of the provisions of this ordinance shall be construed together in order to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of February, 1998. PAMELA STOKER CITY CLERK JEFFERY M. THOMAS MAYOR