HomeMy WebLinkAboutORD 1192 (1998) 1 ORDINANCE NO. 1192
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ADOPTING REGULATIONS FOR PUBLIC
3 AND PRIVATE WIRELESS COMMUNICATION
FACILITIES IN THE CITY OF TUSTIN.
4
5 The City Council of the City of Tustin does hereby ordain
as follows:
6
Section 1. Findings. The City council of the City of
7 Tustin finds and determines as follows:
8 A. The existing regulations and guidelines for the
establishment of wireless communication facilities
9 were adopted on April 15, 1996 by Interim Urgency
Ordinance No. 1167.
10
B. Interim Urgency Ordinance No. 1167 expires on March 4,
11 1998.
12 C. The adoption of permanent regulations and guidelines
for wireless communication facilities will serve to
13 reduce the potential for negative impacts on the
community.
14
D. Failure to implement wireless communication
15 regulations through the adoption of this ordinance
will result in a substantial number of wireless
16 communication facilities being installed or modified
without controls needed to protect the public"health,
17 safety and aesthetics.
18 E. The requirements and restrictions imposed by this
Ordinance are necessary to protect the health, safety
19 and aesthetics of the City of Tustin as follows:
20 1. Conditional Use Permit for Each Ma~or Wireless
Communication Facility. The City's objective is
21 to promote safety, aesthetics and land use
compatibility between major wireless
22 communication facilities and neighboring land
uses. Major wireless facilities are often'highly
23 visible because of their size and/or height,
thereby potentially impacting the aesthetics of
24 the community. Public safety could be implicated
if the facilities are overconcentrated in a
25 specific area, or are close to overhead
utilities, aircraft safety zones, or sensitive
26 residential or institutional uses. The
requirement for a conditional use permit allows
27 the City to examine these issues.
28
Ordinance No. 1192
Page 2
1
2
2. Desiqn Review Approval for any Wireless
3 Communication Facility. The City's objective is
to promote aesthetic compatibility. The
4 requirement for design review allows the City to
examine aesthetic issues by analyzing items such
5 as the height and bulk of the facility, colors,
exterior illumination, relationship to adjacent
6 structures, and design.
7 3. Screening Criteria and Guidelines. The City's
objective is to promote and protect an aesthetic
8 environment by requiring the use of subdued
colors, nonreflective material and grouping of
9 facilities with Other compatible structures.
10 4. Site Selection Order of Preference. The City's
objective is to promote and protect an aesthetic
11 environment by requiring that wireless facilities
be located and/or co-located in areas that are
12 the least obtrusive to the community.
13 5. Sign restrictions. The City's objective is to
promote aesthetics and prevent sign clutter.
14
6. Accessory equipment restrictions. The City's
15 objective is to promote and protect an aesthetic
and safe environment. The placement of accessory
16 equipment within a building, enclosure, or
underground vault reduces the visual impacts of
17 the equipment and protects the public from
potential hazards associated with improper
18 unauthorized contact with the equipment.
19 7. Preliminary and Field Reports. The City's
objective is to promote and protect the public's
20 safety and health by having the flexibility to
request, on a case by case basis, that reports be
21 submitted to demonstrate that the operation of
the facility is in compliance with. safe human
22 exposure limits.
23 8. Prohibition of Minor Facilities in Residentially
Developed Areas and Vacant Residential Zoning
24 Districts; Prohibition of Ma~or Facilities in All
Residential Areas. The City's objective is to
25 promote safety and aesthetic compatibility with
residential uses. Wireless facilities are
26 nonresidential uses that are commercial in nature
and may require servicing, maintenance and access
27 at any time. These activities would potentially
threaten the~safety of residents. In addition,
28
Ordinance No. 1192
Page 3 ~
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the facilities may be aesthetically intrusive to
3 residents.
4 9. Locational Guideline of 300 feet to Residential
for Ma~or Facilities. The City's objective is to
5 promote aesthetic compatibility with residential
uses. Major wireless facilities are often highly
6 visible because of their size and/or height,
thereby potentially affecting views, creating
7 glare and impacting the overall aesthetics of the
residential uses in the vicinity.
8
10. Locational Guideline of 100 feet Between Major
9 Facilities. The City's objectiv~ is to promote
and protect an aesthetic environment by
10 preventing the proliferation of major facilities
within a certain concentrated area.
11
11. Locational Guideline for Industrial Districts.
12 The City's objective is to promote aesthetics,
health, and safety by encouraging the location
13 of major facilities in industrial districts.
Aesthetics are a lesser concern in industrial
14 areas and the perception of safety and health are
improved by locating major facilities in areas
15 that are more isolated from residential
populations, schools, and commercial activity.
16
12. Heiqht Standards for Wireless Commuhication
17 Facilities. The City's objective is to promote
aesthetics and safety. Limiting the height of
18 wireless facilities will reduce the visual blight
associated with these facilities and decrease the
19 .likelihood of interference with aircraft flight
patterns.
20
13. ,Requirement for Monitorinq Proqram. The City's
21 objective i's to protect the public health and
safety by reviewing the operation of the wireless
22 facility after a five year period' and/or at
annual intervals thereafter, and imposing
23 additional conditions of approval, if warranted.
Monitoring the facility will allow for changes
24 made possible by new technologies
25 14. Conditional Use Permit Expiration. The City's
objective is to promote safety by requiring that
26 a facility be removed upon termination of the.
lease. This requirement will reduce the
27 possibility that a wireless facility will be
abandoned and not maintained. In addition, this
28 requirement will provide for the implementation
Ordinance No. 1192
Page 4
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2
of new technologies in replacement facilities
3 that might be built after the original facility's
removal.
15. Removal Required for Abandoned Facilities. The
5 City's objective is to promote and protect an
aesthetic and safe environment by requiring that
6 facilities be removed if they are not used for a
period of ninety days. Abandoned facilities that
7 are not promptly removed would contribute to the
blighting of the community and would present
8 potential safety hazards related toVandalism and
unauthorized use of the abandoned facility.
9
F. That a Public Hearing was duly noticed, called and
10 held on this Ordinance by'the Planning Commission on
January 12, 1998 and by the City Council on January
11 19, 1998.
12 G. A Negative Declaration was prepared for this' project
as set forth in the California Environmental Quality
13 Act. The Negative Declaration was considered and
approved by the City Council.
14
Section 2. Section 9242(b)(j), of Article 9, Chapter 2,
15 Part 4 of the Tustin City Code; Section VI.C.13. of the Planned
Community District Regulations for the Irvine Industrial Complex
16 (Franklin and Walnut Avenues)~ adopted by Ordinance No. 611; and
Subsection 1 of the Subsection entitled ."Conditionally Permitted
17 Uses" of Section I of Part I of the Planned Community District
Regulations for the Irvine Industrial Complex (Red Hill, Warner,
18 Bell, Mosher, and Morgan Avenues) adopted by Ordinance No. 400,
are hereby repealed in their entirety.
19
Section 3. Section 9276 of Chapter 2, Article 9 is hereby
20 added to the Tustin City' Code to read as follows:
21 "9276 WIRELESS COMMUNICATION FACILITY REGULATIONS AND
GUIDELINES
22
a Purpose
23
The purpose of these regulations and guidelines is to
24' regulate the establishment and modification of all wireless
communication facilities outside the public right of way
25 and City of Tustin property, and to protect the public
health, safety, aesthetics, and quality of life of Tustin
26 citizens. The Tustin City Council has found and determined
that these regulations and guidelines for wireless
27 communication facilities are necessary to attain these
objectives.
28
Ordinance No. 1192
Page 5
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2
b Definitions
3
Unless otherwise stated, the following definitions pertain
4 to this Section.
5 "Antenna" means a device used in communications which
transmits or receives radio signals.
6
"Antenna, Dish" means a dish-like antenna used to link
7 communications sites together by wireless transmission of
voice or data. Also called microwave antenna, microwave
8 dish antenna, or satellite dish.
9 "Antenna, Microwave" means a dish antenna.
10 "Antenna, Panel" means an antenna or array of antennae that
are flat and rectangular and designed to concentrate a
11 radio signal in a particular area. Also referred to as
directional antennae.
12
"Antenna, Whip" means an antenna that transmits signals in
13 360 degrees. They are typically cylindrical in shape and
are less than six inches in diameter and measure up to 18
14 feet in height. Also called omnidirectional, stick or pipe
antennae.
15
"Building-mount'ed" means mounted to the side of a building
16 or to another structure such as a water tank, billboard,
church steeple, freestanding sign, etc.
17
"California Public Utilities Commission (CPUC)" means the
18 governmental agency which regulates the terms and
conditions of public utilities in the State of California.
19
"Certificate of Public Convenience and Necessity" means a
20 certificate issued by the California Public Utilities
Commission.
21
"Co-location" means the locating of wireless communications
22 equipment frommore than oneprovider on a single building-
mounted, roof-mounted or ground-mounted wireless
23 communication facility..
24 "Electromagnetic Field" means the local electric and
magnetic fields caused by voltage and the flow of
25 electricity that envelop the space surrounding an
electrical conductor.
26
"Ground mounted" means mounted to a pole, monopole, lattice
27 tower or other freestanding structure specifically
constructed for the purpose of supporting such antenna.
28
Ordinance No. 1192
Page 6
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2
"Lattice Tower" means a structure with three or four steel
3 support legs that supports a variety of antennae. These
towers generally range in height from 60 to 200 feet and
4 are constructed in areas where great height is needed,
microwave antennas are required, or where the weather
5 demands a more structurally-sound design.
6 "Major Wireless Communication Facility" means a wireless
communication facility that:
7
1. Is ground mounted on property not within the public
8 right-of-way; or
9 2. Is building or roof mounted and exceeds ten '(10) feet
in height and does not 'exceed the maximum height
10 permitted in the zoning district in which the facility
is located; or
11
3. Is building or roof' mounted and exceeds the maximum
12 height permitted in the zoning district in which the
facility is located by a maximum of ten (10) feet.
13
"Minicell" means a wireless communication facility that
14 meets all of the following criteria:
15 1. Contains a maximum of six whip or panel antennae.
Each whip antenna does not exceed 6" in diameter and
16 four feet in length. Each panel antenna does not
17 exceed two square feet in surface area.
2. Contains a maximum of one microwave antennae no larger
18 than ten square feet in surface area.
19 3. Has an array of antennae less than ten feet in height.
20 4. Is building or roof mounted.
21 5. Has a total height that does not exceed the' maximum
height permitted in the applicable zoning district in
22 which the facility is located.
23 "Minor Wireless Communication Facility" means a wireless
communication facility that:
24
25 1. Consists of a minicell; or
2. Is building or roof mounted and is less than ten (10)
26 feet in height and does not exceed the maximum height
permitted in the zoning district in which the facility
27 is located.
28
Ordinance No. ~192
Page 7
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2
"Monopole" means a structure composed of a single spire
3 used to support antennae and related equipment.
4 "Mounted" means attached or supported.
5 "Private Wireless Communication Facility" means a wireless
communication facility that has not been granted a
6 Certificate of Public Convenience and Necessity or a
Corporate Identification Number by the California Public
7 Utilities Commission.
8 "Public Right of Way" means and includes all public
streets, sidewalks, and utility easements, now or hereafter
9 owned in'fee or easement by the City of Tustin.
10 "Public Wireless Communication Facility" means a wireless
communication facility that has been granted a Certificate
11 of Public Convenience and Necessity and/or a Corporate
Identification Number by the CPUC.
"Radiofrequency Radiation" means electromagnetic radiation
13 in the portion of the spectrum from 3 kilohertz to 300
gigahertz.
14
"Roof-mounted" means mounted above the eave line of a
15 building.
16 "Unipole" means a structure composed of a single spire used
to support antennae and related equipment that are
17 incorporated into a single vertical element. Also called
unice!l.
18
"Wireless Communication Facility', means any public or
19 private structure that supports antennae (dish, panel,
whip, etc.), microwave dishes and other related equipment
20 that sends and/or receives radiofrequency signals. This
includes facilities for personal wireless services as
21 defined in the Telecommunication Act of 1996, 47 U.S.C.-
332(c)(7).
22
c Applicability of this Section
23
1. All wireless communication facilities for which
24 applications were approved and/or building permits
issued by the Community Development Department on or
25 prior to the adoption date of Ordinance No. 1192 shall
be exempt from the regulations and guidelines
26 contained herein, unless Section 9276,c.2. or Section
9276,c.5. applies.
27
2. All wireless communication facilities for which
28 building permits have expired, and have not been
Ordinance No. 1192
Page 8
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2
renewed on or prior to the adoption date of Ordinance
3 No. ~1192, shall be required to comply with .the
regulations and guidelines contained herein.
3. All wireless communication facilities to be located
5 within City of Tustin public right of way or on
property owned by the City of Tustin. shall be exempt
6 from the regulations and guidelines contained herein.
7 4. All satellite dishes of' one (1) meter or less in
diameter in residential districts and of two (2)
8 meters or less in commercial or industrial districts
shall be exempt from the regulations and guidelines
9 contained herein. Dish antenna exceeding three (3)
feet in diameter shall be regulated by Section 9271(y)
10 and not 'by the provisions of this section. As used
herein, "dish antenna" includes satellite dishes,
11 multichannel'multipoint distribution service ("MMDS")
antennas and television antennas.
12
5. All modifications to wireless communication facilities
13 for which applications for the modifications were
submitted on or after the adoption date of Ordinance
14 No. 1192 shall be required to comply with the
regulations and guidelines contained herein.
15 Modifications to~nonconforming wireless communication
facilities that are nonconforming with respect to any
16 provision of Ordinance No. 1192 must first receive
Planning Commission approval of a conditional use
17 permit as established by Tustin City Code Section
9291. Modifications to nonconforming wireless
18 communication facilities shall not increase the
nonconformities.
19
d Requirement for Conditional Use Permit
20
The following must first receive Planning Commission
21 approval of a conditional use permit as established by
Tustin City Code Section 9291:
22
1. Any major wireless communication facility established
23 or modified in the City of Tustin.
24 2. Any minor wireless communication facility established
or modified within any City of Tustin residential
25 zoning district onlproperty that contains any legally
established nonresidential use and no legally
26 established residential use.
27 3. Any wireless communication facility established or
modified in the City of Tustin that exceeds the
28
Ordinance No. 1192
Page 9
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maximum height permitted in the zoning district in
3 which the facility is located.
4 e Requirement for Design Review
5 Design Review approval shall be required prior to the
establishmentor modification of any wireless communication
6 facility in accordance with Tustin City Code Section 9272.
If a conditional use permit'and/or a variance is required,
7 the Design Review authority shall be deferred to the
Planning Commission.
8
f Development Criteria and Guidelines for all Wireless
9 Communication Facilities
10 1. Screening Criteria and Guidelines
11 a) Wireless communication facilities shall have
subdued colors and non-reflective materials which
12 blend with surrounding materials and colors.
13 b) Wireless communication facilities shall be
located in areas that will minimize their
14 aesthetic intrusion on the surrounding community.
Ground-mounted facilities should only be located
15 in close proximity to existing above-ground
utilities, such as electrical tower or utility
16 poles (which are not scheduled for eventual
removal or undergrounding), light poles, or trees
17 of comparable l"heights. For building mounted
facilities, all screening shall be compatible
18 with the existing architecture, color, texture
and or'materials of the building.
19
2. Site Selection Order of Preference
20
a) Wireless communication facilities shall be
21 located in the following order of preference:
22 1) On existing structures such as buildings,
communication towers, church steeples,
23 freestanding signs, and/or co-located on
existing facilities.
2) In locations where the existing topography,
25 vegetation, buildings, or other structures
provide the greatest amount of screening.
26
3) On vacant ground without significant visual
27 mitigation only in commercial and industrial
zoning districts.
28
Ordinance No. ~192
Page 10
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b) As part of the application process, applicants
3 for wireless communication facilities shall be
required to provide ~written documentation
4 demonstrating~ a good faith effort in locating
facilities in accordance wit'h the Site Selection
5 Order of Preference.
6 3. Other Criteria and Guidelines'
7 a) Wireless communication facilities shall not bear
any signs or advertising devices other than
8 certification, warning, or other required seals
or signage, unless signage is approved by the
9 City in accordance with the City of Tustin Sign
Code.
10
b) All accessory equipment associated with the
11 operation of the wireless communication facility
shall be located within a building, enclosure, or
12 underground vault that complies with the
development standards of the zoning district in
13 which the accessory equipment is located, unless
other'less obtrusive alternatives are identified
14 and approved by the City.
15 c) Within 90 days of commencement of operations,
applicants for wireless communication facilities
16 that are located within 300 feet of residential
areas or located on properties that are zoned
17 residential and developed with a nonresidential
use, may be required to provide a preliminary
18 report and field report prepared by a qualified
engineer that shows the operation of the facility
19 is in conformance with the standard established
by the American National Standards Institute
20 (ANSI) and Institute of Electrical and
Electronics Engineers (IEEE) for safe human
21 exposure to electromagnetic fields (EMF) and
22 ,Radiofrequency radiation (RFR).
g Locational Criteria for All Wireless Communication
23 Facilities
24 1. Except as permitted by Section 9276,c.4., no wireless
communication facility shall be established:
25
a) On vacant property within any City of Tustin
26 residential zoning district; or
27 b) On property that contains any legally-established
residential use.
28
Ordinance No. 1192
Page'll
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2. No major wireless communication facility shall be
3 established:
4 a) Within any City of Tustin residential zoning
district; or
5
b) On property that contains any legally established
6 residential use.
7 3. A minor wireless communication facility may be
established or modified within any City of Tustin
8 residential zoning district on property that contains
any legally established nonresidential use and no
9 legally established residential use, with the approval
of a conditional use permit by the Planning
10 Commission. Should the property subsequently be
developed with a residential use, the conditional use
11 permit shall become null and void, and the facility
shall be removed.
12
h Additional Locational Guidelines for Major Wireless
13 Communication Facilities
14 1. Proriders requesting permission to establish major
wireless communication facilities in the City of
15 Tustin shall find sites that are separated from
residential areas to the greatest extent feasible. No
16 major wireless communication facility should be
established within three hundred (300) feet of:
17
a) Any City of Tustin residential zone or land use
18 district;
19 b) Any legally-established residential use.
20 2. No major wireless communication facility should be
established within one hundred (100) feet of any
21 existing, legally established major wireless
communication facility except when co-located on the
22 same building or structure.
23 3. For the purposes of this Ordinance, all distances
shall be measured in a straight line without regard to
24 intervening structures, from the nearest point of the
proposed major wireless communication facility to the
25 nearest property line of any land use, Land Use
District, or zone described in Subsection (a) above,
26 or to the nearest point of another major wireless
communication faciliEy described in Subsection (b).
27
4. Major wireless communication facilities should be
28 encouraged to locate and/or co-locate on properties
Ordinance No. 1192
Page 12
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2
which are located within Industrial (M) and Planned
3 Community Industrial (PC-IND) zoning districts.
4 i Height Standards for Wireless Communication Facilities
5 No wireless communication facility shall exceed by more
than ten (10) feet the maximum height permitted in the
6 zoning district in which the facility is located.
7 j Monitoring Program
8 Each wireless communication facility approved subsequent to
the adoption of Ordinance No. 1192 shall be reviewed by the
9 Community Development Director at the end of five (5) years
and/or at annual intervals thereafter from the date of
10 design review and/or conditional use permit approval. 'The
Director may defer this review. to the Planning Commission
11 on a caSe-by-case basis. The Director or Planning
Commission, as applicable, may recommend a condition of
1~ approval to the Planning Commission or the City Council,
respectively, to modify existing conditions or impose new
13 conditions as part of this review to protect the public
health, safety, community aesthetics and general welfare,
14 which condition shall be subject to the approval of the
City Council.
15
k Conditional Use Permit Expiration
16
Each major wireless communication facility approved
17 subsequent to the adoption of Ordinance No. 1192 shall be
approved for a period not to exceed the term of the lease
18 with the property owner, including any extension thereof,
for the major wireless communication facility. A recorded
19 memorandum of lease setting forth the term of the lease
shall be submitted to the Director prior to the issuance of
.20 a building permit for the major wireless communication
facility. If the lease is extended or terminated, the
21 operator of the wireless communication facility shall
provide notice and evidence thereof in writing to the
22 Community Development Director no later than five (5) days
prior to the extension or termination of the lease. Upon
23 termination or expiration of the lease, the conditional use
permit for the facility shall become null and void and the
24 facility removed.
25 1 Abandonment
26 A wireless communication facility is considered abandoned
3 if it no longer provides wireless communication service.
27 If the use of a facility is discontinued for any reason,
the operator of the wireless communication facility shall
28
Ordinance No. ~±92
Page 13
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2
notify the City of Tustin in writing no later than five (5)
3 days after the discontinuation of use.
4 Lawfully erected wireless communication facilities that are
no longer being used shall be removed promptly from the
5 premises, and no later than ninety -(90) days after the
discontinuation of use. Such removal shall be in
6 accordance with proper health and safety requirements.
7 A written notice of the determination of abandonment shall
be sent or delivered to operator of the wireless
8 communication facility. The operator shall have thirty
(30) days to remove the facility or provide the Community
9 Development Department with evidence that the use has not
been discontinued. The Planning Commission shall review
10 all. evidence and shall determine whether or not the
facility is abandoned. All facilities not removed within
11 the required thirty (30) day period shall be in violation
of the Code and operators of the facility and the owners of
12 the property shall be subject to penalties for violations
under the enforcement and penalties provisions of this
13 Section.
14 m Violations/Penalties
15 Violations of this Ordinance shall constitute a public
nuisance and shall also constitute a misdemeanor punishable
16 !!by fine or imprisonment or both. Each day the violation
continues is punishable as a separate offense pursuant to
17 Tustin City Code Section 1121."
18 Section 4. Severability
19 All of the provisions of this ordinance shall be construed
together in order to accomplish the purpose of these
20 regulations. If any provision of this part is held by a court
to be invalid or unconstitutional, such invalidity or
21 unconstitutionality shall apply only to the particular facts, or
if a provision is declared to be invalid or unconstitutional as
22 applied to all facts, all of the remaining provisions of this
ordinance shall continue to be fully effective.
23
PASSED ANDADOPTED by the City Council of the City of Tustin at
24 a regular meeting on the 2nd day of February, 1998.
26 THOMAS
27
P~LA STORI~R
28 CITY CLERK .
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1192
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 Ordinance No. 1192 was introduced at
at regular meeting of the City Council on ~anuary 19, 1998, and was
passed and adopted at a regular meeting of the City Council held on
February. 2, 1998 by the following vote:
COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts Worley
COUNCILMEMBER NOES: None '
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
'am~la~ Cit~
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