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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 ~ 1 2 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 1 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 1 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 1 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 1 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 1 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 1 2 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 1 2 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 1 2 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 1 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 1 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~ P