HomeMy WebLinkAbout01 WIRELESS COMM FAC 03-04-96DATE:
MARCH 4, 1996
inter-Com
TO: WILLIAM Ao HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJEO~ INTERIM URGENCY ORDINANCE - WIRELESS COMMUNICATION FACILITIES
RECOMMENDATION
That the City Council take the following actions:
®
Determine by Minute Motion that Interim Urgency Ordinance No.
1163 establishing interim regulations for public wireless
communication facilities have reading by title only.
·
Determine by Minute Motion that Interim Urgency Ordinance 'No.
1163 be introduced.
·
Determine by Minute Motion that Interim Urgency Ordinance No.
1163 be passed and adopted.
FISCAL IMPACT
There are no fiscal impacts associated with the City Council's
adoption of this interim urgency ordinance. The proposed urgency
ordinance is intended to establish interim regulations and
guidelines to regulate the establishment of public wireless
communication facilities.
BACKGROUND
The wireless communication industry is presently undergoing a
technological transformation. New wireless communication
technologies are now allowing individuals to communicate with a
number of communication devices including traditional telephones,
cellular phones, personal pagers, facsimile machines and computers.
Wireless communication relies on a system of geographical cells
which contain transmitting and receiving antennae. These antennae
are mounted high enough to overcome transmission challenges posed
by topography and development and are typically located on free-
standing poles, guyed towers, rooftops, and other building
features.
City Council Report
Wireless Communication Facilities
March 4, 1996
Page 2
Late last year, at the request of the Planning Commission, the.
Community Development Department started to research the recent
changes in the wireless communications.industry and the provisions
of the Tustin City Code related to wireless communications. On
January 8, 1996, staff presented a report to the Planning
Commission regarding these recent technological changes and the
potential for significant community impacts as more requests to
establish wireless communication facilities are submitted to the
City. The purpose of the January 8th report was to provide the
Planning Commission with some background on the industry, a
description of which changes are taking place, and how these
changes could potentially affect the City of Tustin.
While researching the latest trends in wireless communications,
staff has been processing two requests for wireless communications
facilities that were submitted'at the end of last year. In
addition, a third application was recently submitted for another
site. Given this recent group of submittals and indications from
the industrY that consumer demand is growing, staff is expecting a
significant increase in the number of requests to establish
wireless cOmmunication facilities in the City. At this time, the
majority of these proposed facilities would consist of monopoles
with attached antennae and other equipment. Eight wireless
Communication facilities exist in various locations throughout the
City. In addition, one facility is under construction, two
facilities are in plan check, and 'another facility was recently
approved. The locations of these facilities are provided in
Attachment A.
Staff has surveyed other Orange County cities and collected their
ordinances which regulate wireless communication facilities. Staff
has learned that many cities throughout the~ county.are in the
process of updating their Code provisions to address the expected~
increase in the number of facilities requested. One comprehensive
source of information on the subject of wireless communications is
the Wireless Communications Facilities Issue' Paper prepared by the
San Diego Association of Governments in December of 1995. This
document covers a broad range of issues of interest to cities,
including the regulatory framework, guidelines for the permitting
process and health and safety issues. After reviewing this
information and considering the current applications being
processed and those anticipated, it became apparent that an interim
urgency ordinance would be the most effective means to address the
increase in requests for wireless communication facilities, while
more permanent provisions are developed.
City Council Report
Wireless CommunicatiOn Facilities
March 4, 1996
Page 3
DISCUSSION
TUSTIN CITY CODE CRITERIA FOR COMMUNICATION FACILITIES
The City Code categorizes wireless 6ommunication facilities as
either public utility facilities or privately operated facilities.
Requests to establish these communications facilities are currently
processed in one of two ways based on this categorization.
Public Facilities
As indicated in Tustin City Code Section 9271b (attached), public
utility distribution' and transmission line towers, poles and
underground facilities for distribution of telephone communications
shall be allowed in all. zoning districts without limitation as to
height or without obtaining a use permit thereof when located in
accordance with the applicable rules and regulations of the
California Public Utilities Commission (CPUC) and within rights-of-
way, easements, franchise, or ownership of such public utilities.
To be considered public, the utility provider must have been issued
a Certificate of Public Convenience and Necessity from the CPUC.
The establishment of public utility communications facilities in
the City of Tustin currently requires design review approval
pursuant to City Code Section 9272, but there are no specific
siting, development or distance criteria for such facilities.
Although the City typically places site-specific design review
conditions on each facility, it is important to note that pursuant
to the' CPUC's authority under the California Constitution, the
California Public Utilities Commission may preempt the City's
requirements for any specific site when there is a clear conflict
with the CPUC"s goals and/or statewide interests.
Private Facilities
Unlike public facilities, privately operated antennae and their
support structures and accessory equipment buildings or enclosures
which have not been granted a Certificate of Public Convenience and
Necessity by the California Public Utilities Commission are only
permitted in the Industrial zoning district and two Planned
Community districts with the approval of a conditional use permit.
The criteria for these facilities include minimum distances to
residential zones, maximum heights and sign restrictions.
City Council Report
Wireless Communication Facilities
March 4, 1996
Page 4
INTERIM URGENCY ORDINANCE NO. 1163
Interim Urgency Ordinance No. 1163 would create a two-tiered system
of processing requests for public wireless communication facilities
with separate categories for minor versus major public wireless
communications facilities. The first~ tier would apply to minor
facilities, while the second tier would apply to major facilities.
First Tier - Minor Wireless Communication Facilities
Minor wireless communication facilities include microcells and
other types of small building or roof mounted .facilities.
Microcells are facilities which contain relatively small antennae
and are building or roof mounted on private property, or pole
mounted in the public right-of-way. The proposed interim urgency
ordinance prohibits the establishment of minor facilities from
being located in residential areas and requires design review
approval in all cases.
Second Tier - Major Wireless Communication Facilities
Major wireless communicationlfacilities include all ground mounted
-facilities on private, property, 'ground mounted facilities in the
public right-of-way that do not meet the criteria for microcells,
and larger building or roof mounted facilities. These facilities
would require design review approval and approval of a conditional
use permit by the Planning Commission. These conditional use
permits would be approved for a period not to exceed the term of
the lease for the facility, including any extensions. Five (5)
years following approval, the City would have the opportunity to
review the operations of the facility and impose new conditions, if
necessary to protect the public health, safety and general welfare.
The proposed interim urgency ordinance prohibits the establishment
of major facilities in residential areas and encourages providers
to find sites that are 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. The proposed interim urgency ordinance would also
establish criteria for screening of facilities, sign restrictions,
and accessory equipment.
City Council Report
Wireless Communication Facilities
March 4, 1996
Page 5
STATE CODE REQUIREMENTS
The City Council has the author~ity to adopt an interim urgency
ordinance to protect the public~ health, safety and welfare.
Interim urgency ordinances require a 4/5ths vote of the City
Council and are effective immediately.
Interim urgency ordinances are authorized by the Government Code
which prescribes that an interim urgency ordinance can be effective
for a period of 45 days from the date of adoption, and can be
subsequently extended for an additional 22 months and 15 days if
noticing and public hearing procedures are followed for the
original adoption of the interim urgency ordinance and for the
extension. If adopted, the interim urgency ordinance will expire
on April 19, 1996.
The City Attorney has reviewed the proposed interim urgency
ordinance and finds it acceptable as to form. It. has been
determined that the proposed interim urgency ordinance is also
exempt'from the requirements of the California Environmental
Quality Act and therefore no environmental review is needed.
A public hearing notice identifying the time, date and location of
the.public hearing on this interim urgency ordinance was published
in the Tustin Weekly and posted at'Tustin City Hall and Police
Department. Since the interim urgency ordinance is effective
citywide, notices were not required to be mailed to property
owners.
CONCLUSION
It is anticipated that recent changes in wireless communications
technology will result in a significant increase in the number of
requests for wireless communication facilities nationwide. The
existing City Code provisions pertaining to public wireless
communications facilities do not adequately address the potential
impacts of a significant increase in the number of facilities
citywide.
The Community Development Department, in cooperation .with a
consUltant, is in the process of comprehensively amending the
Tustin Zoning Code. This comprehensive amendment will include a
new section on wireless communication facilities. As the
comprehensive amendment is expected to be an eighteen month process
City Council Report
Wireless Communication Facilities
March 4, 1996
Page 6
and this urgency ordinance would only be effective for a maximum of
45 days, an extension of Urgency Ordinance No. 1163 for the maximum
22 months and 15 days will be necessary. Such an extension would
require a second public hearing before the City Council.
Scott Reekstin
Associate Planner
El-~zab~th A. Bin'sack -
Director of Community Development
SR: \ccrepor t\w~ re[ess, sr
Attachments:
Attachment A - Existing facilities in Tustin
Attachment B - Tustin City Code Section 9271b
Ordinance No. 1163
ATTACHMENT A
Existing Wireless Communication Facilities in Tustin
The Community. Development Department and Planning Commission have
approved several wireless communications facilities that have been
built in the city, are under construction or are in the plan check
process. These facilities are as follows:
Address prOvider/Facility Type Status
2631 Michelle Drive
2792 Walnut Avenue
2721 Michelle Drive
14081 Yorba.Street
13931 Carroll Way
622 South B Street
1123 Warner Avenue
1171 E1 Camino Real
18302 Irvine Blvd.
1021 Edinger Avenue*
14451 Myford Road
600 West Sixth Street
L.A. Cellular Monopole
Pac Tel Tower
Pac Tel Monopole
L.A. Cellular Roof Antenna
Pac Tel Roof Antenna
L.A. Cellular Monopole
L.A. Cellular Generator
Pac Tel Mobile Access
Air Touch Roof Antenna
L.A. Cellular Monopole
Existing
Existing
Existing
Existing
Existing
Existing
Existing
Existing
Oonstruction
Plan Check
Pac. Bell Mobl. Ser. Monopole Plan Check
Pac. Bell Mobl. Ser. Monopole Design appd.
*Redevelopment Agency approval required as property is City-owned.
TUSTIN CITY CODE ZONING 9270b(e)
(e)
(fl
Presentation of live entertainment. (Ord. No. 406)
Dish antennae located in residential zones exceeding three (3) feet in diameter and
located other than in rear yard areas obscured from public right-of-way view. (Ord.
No. 926, Sec. 2, 2-4-85)
(g)
Dish antennae located in all zones other than residential, exceeding three (3) feet in
diameter and not fully screened or otherwise obscured from public· right-of-way view.
(Ord. No. 9261 Sec. 2, 2-4-85)
ApProval of Temporary Uses
The Planning Commission may grant temporary uses for a period of up to six (6) months
by following the procedures herein described for the issuance of use permits. Provided,
however, that a permit of one (1) month duration may be issued by the Planning Department,
on approval of the other City departments, for uses such as, but not limited to, f~reworks
stands and Christmas tree lots. (Ord. No. 362, Sec. 1)
Such action by the Planning Department for temporary use permit of one (1) month or
less may be granted by the Community Development Director, and shall not require a public
hearing or notice.
The fee for an application for such temporary use permit shall be twenty-five dollars
($25.00), payable at the time of submission of application.
Said fee may be waived or modified in those instances where a waiver has been granted or
modified on a Business License Fee. (Ord. No. 501)
9271 SPECIFIC PROVISIONS
a Accessory Buildings
Accessory buildings shall be constructed with, or subsequent to the construction of the
main building.' (Ord. No. 157, Sec. 5.4)
b Public Utilities
. Public utility distribution and transmission line towers, poles and underground facilities
for distribution of gas, water, electricity and telephone communications shall be allowed in all
districts without limitation as to height or without obtaining a use permit thereof and the
provisions of this Chapter shall not be construed to limit or interfere with the installation,
maintenance and operation of public utility pipelines and electric transmission or telephone
communication lines when located in accordance with the applicable rules and regulations of
the Public Utilities Commission of the State of California and within rights-of-way, ease-
ments, franchise, or ownership of such public utilities. (Ord. No. 157, Sec. 5.5)
c Temporary Real Estate Offices
The following temporary uses shall be permitted in any district:
(1) Model hOmes and their garages used as offices solely for the first sale of homes within
a subdivision on the following conditions:
REV: 7-85
LU-2-58
ATTACHMENT
B
1 ORDINANCE NO. 1163
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AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, ADOPTING
INTERIM REGULATIONS FOR PUBLIC WIRELESS
COMMUNICATION FACILITIES IN THE CITY OF
TUSTIN.
The City Council of the city of Tustin DOES HEREBY ORDAIN
as follows:
Section 1. Findings. The City Council of the City of
Tustin finds and determines as follows:
ae
There has been an increase in the number of
applications for, and inquiries regarding, propOsed
public wireless communication facilities in the City
of Tustin. A City consultant is currently reviewing
and proposing changes to the Zoning Code that will
address such facilities.
B®
Section 9271b of the Tustin Cit~ Code currently allows
public utilities, including natural gas, electricity,
telephone and wireless communications, in all zoning
districts without limitation as to height, number,
site location, or the requirement to obtain a use
permit, thereby permitting an over-concentration of
public wireless communication facilities. Over-
concentration, and a lack of control over the
conditions of operation of these facilities, can have
a negative- impact on adjacent uses, particularly
residential uses.
Ce
The adoption of regulations and guidelines for the
establishment of public wireless communication
facilities will serve to reduce the potential for
negative impacts on the community.
De
Failure to immediately implement public wireless
communication regulations through the adoption of an
urgency ordinance will result in a substantial number
of public wireless communication facilities being
installed without controls needed to protect the
public health, safety and welfare.
E®
The requirements and restrictions imposed by this
Ordinance are necessary to protect the health, safety
and welfare of the citizens of Tustin.
Fo
The development of a permanent ordinance will require
further study and analysis. The City Council has the
authority to adopt an urgency ordinance pursuant to
Government Code Section 65858 to protect the public
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Ordinance No. 1163
Page 2
safety, health, and welfare while the permanent
ordinance is being developed.
Ge
There is a current and immediate threat to the public
welfare, health, and safety due to the proliferation,
concentration and lack of operational control over
public wireless communication facilities. Therefore,
the City Council finds and declares that this Urgency
Ordinance is required for the immediate preservation
of the public peace, safety, and/or health of the
citizens of Tustin
Section 2. The following provisions are hereby adopted as
interim regulations and guidelines for public wireless
communication facilities:
'"INTERIM PUBLIC WIRELESS COMMUNICATION FACILITY REGULATIONS AND
GUIDELINES"
1.0 PURPOSE
The purpose of these interim regulations and guidelines is
to regulate the establishment of public wireless communication
facilities until such time as the City of Tustin adopts a
permanent ordinance pertaining to public wireless communication
facilities, and to protect the public health, safety, general
welfare, and quality of life of Tustin citizens in the interim.
The Tustin City Council has found and determined that these
interim regulations and guidelines for public wireless
communication facilities are necessary to attain these goals.
These regulations are intended to supersede applicable
provisions of Tustin City Code Section 9271b pertaining to
communications facilities and any other applicable provisions
contained within the Tustin City Code.
2.0 DEFINITIONS
Unless otherwise stated, the following definitions pertain
to this urgency ordinance.
"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 or microwave 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.
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Ordinance No. 1163
Page 3
"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.
"Buildinq-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.
"Cell Site" means a geographical area with a radius of two to
eight miles that contains both transmitting and receiving
antennae.
"Cellular" means an analog or digital wireless communication
technology that is based on system of interconnected neighboring
cell sites, each of which contains antenna.
"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.
"Electromaqnetic Field" means the local electric and magnetic
fields caused by voltage and the flow of electricity that
envelop the space surrounding an electrical conductor.
"Enhanced Specialized Mobile Radio" means a digital wireless
communication technology that specializes in providing
dispatching services.
"Flower Tower" means a structure that integrates a mon0Pole into
a light pole or other utility pole.
"Ground mounted" means mounted to a pole, monopole, lattice
tower or other freestanding structure specifically constructed
for the purpose of supporting such antenna.
,,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.
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Ordinance No. 1163
Page 4
"Major Wireless Communication Facility" meanS a wireless
communication facility that:
·
Is ground mounted on property not within the public right-
of-way; or
·
Is ground mounted within the public right-of-way but does
not qualify as a microcell facility; or
·
Is building or roof mounted and exceeds ten feet in height
and/or exceeds the maximum height permitted in the zoning
district in which the facility is located.
"Microcell" means a wireless communication facility that:
i ·
Contains a maximum of four whip or panel antennae. Each
whip antenna does not exceed 4" 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.
·
Is building or roof mounted or, if within the public right-
of-way, is located on top of a light pole or telephone pole
or a metal or precast concrete monopole (similar in design
to a street light pole or street tree).
·
Has a total height, if building or roof mounted, 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 microcell; or
·
Is building'or roof mounted and is less than ten feet in
height and does not exceed the maximum height permitted in
the zoning district in which the facility is located.
"Monopole" means a structure composed of a single spire used to
support antennae and related equipment.
"Mounted" means attached or supported.
"Personal Communication Services" means a digital wireless
communication technology that has the capacity for multiple
communications services and will provide a system in which calls
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Ordinance No. 1163
Page 5
will be routed to individuals rather than places, regardless of
location.
"Private Wireless Communication Facility" means a wireless
communication facility that has not been granted a Certificate,
of Public Convenience and Necessity by the CPUC.
"Public Wireless Communication Facility!!. means a wireless
communication facility that has been granted a Certificate of
Public Convenience and Necessity 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.
"Stealth facility", means any communications facility which is
designed to blend into the surrounding environment, typically
one that is architecturally integrated into a building or other
concealing structure. Also referred to as concealed antenna.
"Wireless Communication Facility,~. means a structure that
supports antennae, microwave dishes and other related equipment
that sends and/or receives radiofrequency signals.
3.0 APPLICABILITY
ae
Ail public 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 this ordinance shall be
exempt from the interim regulations and guidelines
contained herein, unless Section 3.0 (b) applies.
be
Ail public wireless communication facilities for which
building permits have expired, and have not been
renewed on or prior to the adoption date of this
ordinance, shall be required to comply with the
interim regulations and guidelines contained herein.
C.
Ail public wireless 'communication facilities for which
applications were determined complete by the Community
Development Department on or prior to the adoption
date of this ordinance shall be exempt from the
interim regulations and guidelines contained herein..
de
Ail public wireless communication facilities for which
applications were received by the Community
Development Department on or prior to the adoption
date of this ordinance and determined complete within
thirty (30) days following the adoption date of this
ordinance shall be exempt from the interim regulations
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Ordinance No. 1163
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and guidelines contained herein. Where the
application is not determined complete within thirty
(30) days following the adoption of this ordinance,
the public wireless communication facility shall
comply with the interim regulation and guidelines
contained herein.
Se
Ail public wireless communication facilities for which
applications were received by the Community
Development Department following the adoption date of
this ordinance, shall be required to Comply with the
interim regulations and guidelines contained herein.
4.0 DEVELOPMENT CRITERIA FOR ALL PUBLIC WIRELESS COMMUNICATION
FACILITIES
a. Screening Guidelines
1)
Public wireless communication facilities shall
have subdued colors and non-reflective materials
which blend with surrounding materials and
colors.
2)
Public 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 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.
b. Site Selection Order of Preference
1)
Public wireless communication facilities shall be
located in the following order of preference:
a)
On existing structures such as buildings,
communication towers, church steeples and
freestanding signs.
b)
In locations where the existing topography,
vegetation, buildings, or other structures
provide the greatest amount of screening.
c)
On vacant ground without significant visual
mitigation only in commercial and industrial
zoning districts.
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Ordinance No. 1163
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2)
As part of the application .process,' applicants
for public 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.
c. Other Guidelines
1)
Public wireless communication facilities shall
not bear any signs or advertising devices other
than certification, warning, or other required
seals or signage.
2)
Ail accessory equipment associated with the
operation of the public 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.
3)
Within 90 days of commencement of operations,
applicants for public wireless communication.
facilities shall be required to provide a
preliminar~y 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).
5.0 LOCATIONAL CRITERIA FOR ALL PUBLIC WIRELESS COMMUNICATION
FACILITIES
ae
No public wireless communication facility shall be
established:
1)
Within any City of Tustin residential zone or
land use district; or
2)
On property that contains any legally-establiShed
residential use.
6.0 LOCATIONAL GUIDELINES FOR MINOR .PUBLIC WIRELESS
COMMUNICATION FACILITIES
a®
Minor public wireless communication facilities may be
established on property within the City of Tustin that
is not zoned or used for residential uses.
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Ordinance No. 1163
Page 8
be
Minor public wireless communication facilities may be
established within all public rights-of-way, subject
to issuance of a City encroachment permit from the
Public Works Department.
7.0 LOCATIONAL GUIDELINES
COMMUNICATION FACILITIES
FOR MAJOR PUBLIC WIRELESS
a®
Providers requesting permission to establish major
public wireless communication facilities in the City
of Tustin are strongly encouraged to find sites that
are separated from residential areas to the greatest
extent feasible. No major public wireless
communication facility should be established within
three hundred (300) feet of:
1)
Any City of Tustin residential zone or land use
district;
2) Any legally-established residential use.
0
No major public wireless communication facility should
be established within one hundred (100) feet of any
existing, legally established major public or private
wireless communication facility except when co-located
on the same building or structure.
Ce
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).
de
Major public 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.
8.0 HEIGHT CRITERIA FOR MAJOR PUBLIC WIRELESS COMMUNICATIONS
FACILITIES
No major public wireless communication facility shall
exceed sixty-five (65) feet in height from ground level, unless
the maximum height permitted in the applicable zoning district
in'which the facility is located is greater than sixty-five (65)
feet in height, in which case the major public wireless
communication facility shall not exceed the maximum height
permitted in the applicable zoning district in which the
facility is located.
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Ordinance No. 1163
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.9.0 REQUIREMENT FOR CONDITIONAL USE PERMIT
Each major public wireless communication facility
established in the City of Tustin during the term of this
Interim Ordinance must first receive Planning Commission
approval of a conditional use permit as established by Tustin
City Code Section 9291.
10.0 REQUIREMENT FOR DESIGN REVIEW
During the term of this Interim Ordinance, Design Review
approval shall be required prior to the establishment of any
public wireless communication facility in accordance with Tustin
City Code Section 9272. In the event a conditional use permit
and/or a variance is also required, the Design Review authority
shall be deferred to the Planning Commission.
11.0 PRIVATE WIRELESS COMMUNICATION FACILITIES
Private wireless communication facilities shall be subject
to the applicable provisions of the Tustin City Code.
12.0 MONITORING PROGRAM
Each public wireless communication facility approved during
the term of this Interim Ordinance shall be reviewed by the
original approval authority (Community Development .Director or'
Planning Commission) at the end of five (5) years from the date
of design review and/or conditional use permit approval. The
Director or Planning Commission, as applicable, may modify.
existing conditions or impose new conditions to protect the
public health, safety and general welfare.
13.0 CONDITIONAL USE PERMIT EXPIRATION
Each major public wireless communication facility approved
during the term of this Interim Ordinance shall be approved for
a period not to exceed the term of the lease, including any
extension thereof, for the major public wireless communication
facility. A copy of said lease shall be submitted to the
Community Development Director prior to the issuance of a
building permit for the major public wireless communication
facility. If the lease is extended or terminated, notice and
evidence thereof shall be provided to the Community Development
·
Director. Upon termination or expiration of the lease, the
conditional use permit for the facility shall become null and
void and the facility removed.
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Ordinance No. 1163
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14.0 ABANDONMENT
Lawfully erected public 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. A public wireless communication
facility is considered' abandoned if it n° longer provides
wireless communication service. 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 public wireless
communication facility. The operator shall have thirty (30)
days to remove the facility of 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 Ordinance.
15.0 VIOLATIONS/PENALTIES
Violations of this Ordinance shall 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 3. This Ordinance is an Urgency Ordinance, enacted
pursuant to Government Code Section 65858(b). The term of the
Urgency Ordinance shall be for a period of 45 days from the date
of adoption, unless legally extended in accordance with law by
action of the City Council.
Section 4. This Ordinance shall be adopted by a four-
fifths (4/5) vote of the City Council and shall be effective
immediately upon such vote.
Section 5. Severability
Ail of the provisions of this urgency 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.
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Ordinance No. 1163
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PASSED AND ADOPTED at a regular meeting of the City Council held
on the 4th day of March, 1996.
JIM POTTS
MAYOR
'PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1163
PAMELA STOKER, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Urgency
Ordinance was passed and adopted at a regular meeting of the
City Council held on the 4th day of March, 1996, by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Pamela Stoker, City Clerk
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