HomeMy WebLinkAboutORD 1167 (1996) 1 ORDINANCE NO. 1167
2 AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, EXTENDING
3 INTERIM URGENCY ORDINANCE NO. 1163 AND
ADOPTING INTERIM REGULATIONS FOR WIRELESS
4 COMMUNICATION FACILITIES IN THE CITY OF
TUSTIN.
5
6 The City Council of the City of Tustin DOES HEREBY ORDAIN
as follows:
7
Section 1. Findinqs. The City Council of the City of
8 Tustin finds and determines as follows:
9 A. There has been an increase in the number of
applications for, and inquiries regarding, proposed
10 wireless communication facilities in the City of
Tustin. A City consultant is currently reviewing and
11 proposing changes to the Zoning Code that will address
such facilities.
12
B. Section 9271b of the Tustin City Code currently allows
13 public utilities, including natural gas, electricity,
telephone and public wireless communications, in all
14 zoning districts without limitation as to height,
number, site location, or the requirement to obtain a
15 use permit, thereby permitting an over-concentration
of public wireless communication facilities. Over-
16 concentration, and a lack of control over the
conditions of operation of these facilities, can have
17 a negative impact on adjacent uses, particularly
residential uses.
18
C. The adoption of regulations and guidelines for t~e
19 establishment of wireless communication facilities
will serve to reduce the potential for negative
20 impacts on the community.
21 D. Failure to immediately implement wireless
communication regulations through the adoption of an
22 urgency ordinance will result in a substantial number
of wireless communication facilities being installed
23 without controls needed to protect the public health~
safety and welfare.
24
E. The requirements and restrictions imposed by this
25 Ordinance are necessary to protect the health, safety
and welfare of the citizens of Tustin.
26
F. The development of a permanent ordinance will require
27 further study and analysis. The City Council has the
~ authority to adopt an 'urgency ordinance pursuant to
28 Government Code Section 65858 to protect the public
Ordinance No. 1167
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2
safety, health, and welfare while the permanent
3 ordinance is being developed.
4 G. There is a current and immediate threat to the public
welfare, health, and safety due to the proliferation,
5 concentration and lack of operational.control over all
wireless communication facilities. Therefore, the
6 City Council finds and declares that this Urgency
Ordinance is required for the immediate preservation
7 of the public peace, safety, and/or health of the
citizens of Tustin.
8
Section 2. section 9242(b)(j), of Article 9, Chapter 2,
9 Part 4 of the Tustin City Code; Section VI.C.13. of the Planned
Community District Regulations for the Irvine Industrial Complex
10 (Franklin and Walnut Avenues), adopted by Ordinance No. 611; and
Subsection 1 of the Subsection entitled "Conditionally Permitted
11 Uses" of Section I of Part I of the Planned Community District
Regulations for the Irvine Industrial Complex (Red Hill, Warner,
12 Bell, Mosher, and Morgan Avenues) adopted by Ordinance No. 400,
are hereby repealed in their entirety.
13
Section 3. The following provisions are hereby adopted as
14 interim regulations and guidelines for wireless communication
facilities:
15
"INTERIM WIRELESS COMMUNICATION FACILITY REGULATIONS AND
16 GUIDELINES"
17 1.0 PURPOSE
18 The purpose of these interim regulations and guidelines is
to regulate the establishment of all wireless communication
19 facilities until such time as the City of Tustin adopts a
permanent ordinance pertaining to all wireless communication
20 facilities, and to protect the public health, safety, general
welfare, and quality of life of Tustin'citizens in the interim.
21 The Tustin City Council has found and determined that these
interim regulations and guidelines for wireless communication
22 facilities are necessary to attain these goals. These
regulations are intended to supersede applicable provisions of
23 Tustin City Code Section 9271b pertaining to communications
facilities, Ordinance No. 1097, Tustin City Code Section
24 9242(b)(j) and any other applicable p~ovisions contained within
the Tustin City Code.
25
2.0 DEFINITIONS
26
Unless otherwise stated, the following definitions pertain
27 to this urgency ordinance.
28
Ordinance No. 1167
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2
"Antenna" means a device used in communications which transmits
3 or receives radio signals.
4 "Antenna, Dish" means a ·dish-like antenna used to link
communications sites together by wireless transmission of voice
5 or data. Also called microwave antenna or microwave dish
antenna.
6
"Antenna, Panel" means an antenna or array of antennae that are
7 flat and rectangular and designed to concentrate a radio signal
in a particular area. Also referred to as directional antennae.
8
"Antenna, Whip" means an antenna that transmits signals in 360
9 degrees. They are typically cylindrical in shape and are less
than six inches in diameter and measure up to 18 feet in height.
10 Also called omnidirectional, stick or pipe antennae.
11 "Buildinq-mounted" means mounted to the side of a building or to
another structure such as a water tank, billboard·, church
12 steeple, freestanding sign, etc.
13 "California Public Utilities Commission (CPUC)" means the
governmental agency which regulates the terms and conditions of
14 public utilities in the State of California.
15 "Cell Site" means a geographical area with a radius of two to
eight miles that contains both transmitting and receiving
16 antennae.
17 "Cellular" means an analog or digital wireless communication
technology that is based on system of interconnected neighboring
18 cell sites, each of which contains antenna.
19 "Certificate of Public Convenience and Necessity" means a
certificate issued by the California Public Utilities
20 Commission.
21 "Co-location" means the locating of wireless communications
equipment from more than one provider on a single building-
22 mounted, roof-mounted or ground-mounted wireless communication
facility.
23
"Electromaqnetic Field" means the local electric and magnetic
24 fields caused by voltage and the flow of electricity that
envelop the space surrounding an electrical conductor.
25
"Enhanced Specialized Mobile Radio" means a digital wireless
26 communication technology that specializes in providing
dispatching services.
27
"Flower Tower"means a structure that integrates a monopole into
28 a light pole or other utility pole.
Ordinance No. 1167
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"Ground mounted" means mounted to a pole, monopole, lattice
3 tower. or other freestanding structure specifically constructed
for the purpose of supporting such antenna.
4
"Lattice Tower" means a structure with three or four steel
5 support legs that supports a variety of antennae. These towers
generally range in height from 60 to 200 feet and are
6 constructed in areas where great height is needed, microwave
antennas are required, or where the weather demands a more
7 structurally-sound design.
8 "Ma~or Wireless Communication Facility" means a wireless
communication facility that:
9
1. Is ground mounted on property not within the public right-
.10 of-way; or
11 2. Is ground mounted within the public right-of-way but does
not qualify as a microcell facility; or
12
3. Is building or roof mounted and exceeds ten feet in height
13 and/or exceeds the maximum height permitted in the zoning
district in which the facility is located.
14
"Microcell" means a wireless communication'facility that:
15
1. Contains a maximum of four whip or panel antennae. Each
16 whip antenna does not exceed 4" in diameter and four feet
in length. Each panel antenna does not exceed two square
17 , feet in surface area.
18 2. Contains a maximum of one microwave antennae no larger.than
ten square feet in s~rface area.
19
3. Has an array of antennae less than ten feet in height.
20
4. Is building or.roof mounted or, if within the public right-
21 of-way, is located on top of a light pole or telephone pole
or a metal or precast concrete monopole (similar in design
22 to a street light pole or street tree).
23 5. Has a total height, if building or roof mounted, that does
not exceed the maximum height permitted in the applicable
24 zoning district in which the facility is located.
25 ~"Minor Wireless Communication Facility" means a wireless
communication facility that:
26
1. Consists of a microcell; or
27
28
Ordinance No. 1167
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2. Is building or roof mounted and is less than ten feet in
3 height and does not exceed the maximum height permitted in
the zoning district in which the facility is located.
4
"Monopole" means a structure composed of a single Spire used to
5 support antennae and related equipment.
6 "Mounted" means attached or supported.
7 "Personal Communication Services" means a digital wireless
communication technology that has the capacity for multiple
8 communications services and will provide a system in which calls
will be routed to individuals rather than places, regardless of
9 location.
10 "Private Wireless Communication Facilit~7,, means a wireless
communication facility that has not been granted a Certificate
ll of Public Convenience and Necessity by the CPUC.
· 12 "Public Wireless Communication Facility" means a wireless
communication facility that has been granted a Certificate of
13 Public Convenience and Necessity by the CPUC.
14 "Radiofrequency Radiation" means electromagnetic radiation in
the portion of the spectrum from 3 kilohertz to 300 gigahertz.
15
"Roof-mounted" means mounted above the eave line of a building.
16
"Stealth facility" means any communications facility which is
17 designed to blend into the surrounding environment, typically
one that is architecturally integrated into a building or other
18 concealing structure. Also referred to as concealed antenna.~
19 "Wireless Communication Facility" means any public or private
structure that supports antennae, microwave dishes and other
20 related equipment that sends and/or receives radiofrequency
signals.
21
3.0 APPLICABILITY
22
a. All wireless communication facilities for which
23 applications were approved and/or building permits
issued by the Community Development Department on or
24 prior to the adoption date of this ordinance shall be
exempt from the interim regulations and guidelines
25 contained herein, unless Section 3'.0 (b) applies.
26 b. All wireless communication facilities for which
building permits have expired, and have not been
27 renewed on or prior to the adoption date of this
ordinance, shall be required to comply with the
28 interim regulations and guidelines contained herein.
Ordinance No. 1167
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c. All wireless communication facilities for which
3 applications were determined complete by the Community
Development Department on or prior to the adoption
4 date of this ordinance shall be exempt from the
interim regulations and guidelines'contained herein.
5
d. All wireless communication facilities for which
6 applications were received by the Community
Development Department on or prior to the adoption
7 date of this ordinance and determined complete within
sixty (60) days following the adoption date of this
8 ordinance shall be exempt from the interim regulations
and guidelines contained herein. Where the
9 application ms not determined complete within sixty
(60) days following the adoption of this ordinance,
10 the wireless communication facility shall comply with
the interim regulations and guidelines contained
11 herein.
12 e. All wireless communication facilities for which
applications were received by the Community
13 Development Department following the adoption date of
this ordinance, shall be required to comply with the
14 interim regulations and guidelines contained herein.
15 f. All wireless communication facilities to be located
during the term of this Interim Ordinance within City
16 of Tustin public right-of-way or on property owned by
the City of Tustin shall be exempt from the interim
17 regulations and guidelines contained herein.
18 4.0 DEVELOPMENT CRITERIA FOR ALL WIRELESS COMMUNICATION
FACILITIES
19
a. Screening Criteria and Guidelines
20
1) Wireless communication facilities shall have
21 subdued colors and non-reflective materials which
blend with surrounding materials and colors.
22
2') Wireless communication facilities shall be
23 located in areas that will minimize their
aesthetic intrusion on the surrounding community.
24 Ground-mounted facilities should only be located
in proximity to existing above-ground utilities,
25 such as electrical tower or utility poles (which
are not. scheduled -for eventual removal or
26 undergrounding), light poles, or trees of
comparable heights. For building mounted
27 facilities, all screening shall, be compatible
with the existing architecture, 'color, texture
28 and or materials of the building..
Ordinance No. 1167
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b. Site Selection Order of Preference
3
1) Wireless communication facilities shall be
4 located in the following order of preference:
5 a) On exmsting structures such as buildings,
communication towers, church steeples and
6 freestanding signs.
· 7 b) In locations where the existing topography,
vegetation, buildings, or other structures
8 provide the greatest amount of screening.
9 c) On vacant ground without significant visual
mitigation only in commercial and industrial
10 zoning districts.
11 2) As part of the application process, applicants
for wireless communication facilities shall be
12 required to provide written documentation
demonstrating a good faith effort in locating
13 facilities in accordance with the Site Selection
Order of Preference.
14
c. Other Criteria and Guidelines
15
1) Wireless communication facilities shall not bear
16 any signs or advertising devices other than
certification, warning, or other required seals
1'7 or signage.
18 2) All accessory equipment associated with the
operation of the wireless communication facility
19 shall be located within a building, enclosure, or
underground vault that complies with the
20 development standards of the zoning district in
which the accessory equipment is located.
21 '
3) Within 90 days of commencement. of operations,
22 applicants for wireless communication facilities
may be required to provide a preliminary report
23 and field report prepared by a qualified engineer
that shows the operation of the facility is in
24 conformance with the standard established by the
American National Standards Institute (ANSI) and
25 Institute of Electrical and Electronics Engineers
(IEEE) for safe human exposure to electromagnetic
26 ~ fields (EMF) and Radiofrequency radiation (RFR).
27
28 '
Ordinance No. 1167
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5.0 LOCATIONAL CRITERIA FOR ALL WIRELESS COMMUNICATION
3 FACILITIES
4 a. No wireless communication facility shall be
established:
5
1) Within any City of Tustin residential zone or
6 land use district; or
7 2) On property that contains any legally-established
residential use.
8
6.0 LOCATIONAL GUIDELINES FOR MINOR WIRELESS COMMUNICATION
9 FACILITIES
10 a. Minor wireless communication facilities may be
established on property within the City of Tustin that
11 is not zoned or used for residential uses.
12 b. Minor wireless communication facilities may be
established within all public rights-of-way, subject
13 to issuance of a City encroachment permit from the
Public Works Department.
14
7.0 LOCATIONAL GUIDELINES FOR MAJOR WIRELESS COMMUNICATION
15 FACILITIES
16 a. Providers requesting permission to establish major
wireless communication facilities in the City of
17 Tustin are strongly encouraged to find sites that are
separated from residential areas to the greatest
18 extent feasible. No major wireless communication
facility should be established within three hundred
19 (300) feet of:
20 1) Any City of Tustin residential zone or land use
district;
21
2) Any legally-established residential use.
22
b. No major wireless communication facility should be
23 established within one hundred (100) feet of any
existing, legally established major wireless
24 communication facility except when co-located on the
same building or structure.
25
c. For the purposes of this Ordinance, all distances
26 shall bemeasured in a straight line without regard to
intervening structures, from the nearest point of the
27 proposed major wireless communication facility to the
nearest property line of any land use, Land Use
28 District, or zone described in Subsection (a) above,
Ordinance No. 1167
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or to the nearest point of another major wireless
3 communication facility described in Subsection (b).
4 d. Major wireless communication facilities should be
encouraged to locate on properties which are located
5 within the Industrial (M) and Planned Community
Industrial (PC-IND) zoning districts.
6
8.0 HEIGHT CRITERIA FOR MAJOR WIRELESS COMMUNICATIONS
7 FACILITIES
8 No major wireless communication facility shall exceed
sixty-five (65) feet in height from ground level, unless the
9 maximum height permitted in the applicable zoning district in
which the facility is located is greater than sixty-five (65)
10 feet in height, in which case the major wireless communication
facility shall not exceed the maximum height permitted in the
11 applicable zoning district in which the facility is located.
12 9.0 REQUIREMENT FOR CONDITIONAL USE PERMIT
13 Each major wireless communication facility established in
the City of Tustin during the term of this Interim Ordinance
14 must first receive Planning Commission approval of a conditional
use permit asestablished by Tustin City Code Section 9291.
15
10.0 REQUIREMENT FOR DESIGN REVIEW
16
During the term of this Interim Ordinance, Design Review
17 approval shall be required prior to the establishment of any
wireless communication facility in accordance with Tustin City
18 Code Section 9272. In the event a conditional use permit and/or
a variance is also required, the Design Review authority shall
19 be deferred to the Planning Commission.
20 11.0 PRIVATE WIRELESS COMMUNICATION FACILITIES
21 Private wireless communication facilities shall be subject
to the provisions of this Interim Urgency Ordinance.
22
12.0 MONITORING PROGRAM
23
Each wireless communication facility approved during the
24 term of this Interim Ordinance shall be reviewed by the original
approval authority (Community Development Director or Planning
25 Commission) at the end of five (5) years from the date of design
review and/or conditional use permit approval. The Director or
26 Planning Commission, as applicable, may recommend a condition of
approval to be able to modify existing conditions or impose new
27 conditions as part of this review to protect the public health,
safety and general welfare, which condition shall be subject to
28 the approval of the City Council.
Ordinance No. 1167
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13.0 CONDITIONAL USE PERMIT EXPIRATION
3
Each major wireless communication faciliny approved during
4 the term of this Interim Ordinance shall be approved for a
period not to exceed the term of the lease, including any
5 extension thereof, for the major wireless communication
facility. A copy of said lease shall be submitted to the
6 Community Development Director prior to the issuance of a
building permit for the major wireless communication facility.
7 If the lease is extended' or terminated, notice and evidence
thereof shall be provided to the Community Development Director.
8 Upon termination or expiration of the lease, the conditional use
permit for the facility shall become null and void and the
9 facility removed.
10 14.0 ABANDONMENT
11 Lawfully erected wireless communication facilities that are
no longer being used shall be removed promptly from the
12 premises, and no later than ninety (90) days after the
discontinuation of use. A wireless communication facility is
13 considered abandoned if it no longer provides wireless
communication service. Such removal shall be in accordance with
14 proper health and safety requirements.
15 A written notice of the determination of abandonment shall be
sent or delivered to operator of the wireless communication
16 facility. The operator shall have thirty (30) days to remove
the facility or provide the Community Development Department
17 with evidence that the use has not been discontinued. The
Planning Commission shall review all evidence and shall
18 determine whether or not the facility is abandoned. All
facilities not removed within the required thirty (30) day
19 period 'shall be in violation of the Code and operators of the
facility and the owners of the property shall be subject to
20 penalties for violations under the enforcement and penalties
provisions of this Ordinance.
21
15.0 VIOLATIONS/PENALTIES
22
Violations of this Ordinance shall constitute a misdemeanor
23 punishable by fine or imprisonment or both. Each day the
violation continues is punishable as a separate offense pursuant
24 to Tustin City Code Section 1121.
25
Sectio~ 4. This Ordinance is an Urgency Ordinance, enacted
26 pursuant to Government Code Section 65858(b). The term of the
Urgency Ordinance shall be for a period of 22 months and 15 days
27 from the date of expiration of Interim Urgency Ordinance No.
1163, unless terminated.
28
Ordinance No. 1167
Page 11
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Section 5. This OrdinanCe shall be adopted by a four-
3 fifths (4/5) vote of the City Council and shall be effective
immediately upon such vote.
Section 6. Severabiliny
5
All of the provisions of this urgency ordinance shall be
6 construed together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a court
7 to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts, or
8 if a provision is declared to be invalid or unconstitutional as
applied to all facts, all of the remaining provisions of this
9 ordinance shall continue to be fully effective.
10
PASSED ANDADOPTED at a regular.meeting of the City Council held
11 on the 15th day of April, 1996.
13 ~~ ~
14 /D~
15 P~MELA STOKER
TY CLERK
16
STATE OF CALIFORNIA )
17 COUNTY OF ORANGE )
CITY OF TUSTIN )
18
CERTIFICATION FOR ORDINANCE NO. 1167
19
PAMELA STOKER, City Clerk and ex-officio Clerk of the City
20 Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of the
21 City of Tustin is five; that the above and foregoing Urgency
Ordinance was passed and adopted at a regular meeting of the
22 City Council held on the 15th day of April, 1996, by the
following vote:
23
COUNCILPERSONS AYES: Worley, Doyle, Saltarelli, Thomas
24 COUNCILPERSONS NOES:
None
COUNCILPERSONS ABSTAINED:
None
25 COUNCILPERSONS ABSENT:
Ports
26 ~~~j~~~
27 ~ela Stoker, City Clerk
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