HomeMy WebLinkAboutORD 1163 (1996) 1 ORDINANCE NO. 1163
2 AN INTERI'M URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, ADOPTING
3 INTERIM REGULATIONS FOR PUBLIC WIRELESS
COMMUNICATION FACILITIES IN THE CITY OF
4 TUSTIN.
5
The City Council of the City of Tustin DOES HEREBY ORDAIN
6 as follows:
7 Section 1. Findinqs. The City Council of the City of
-Tustin finds and determines as follows:
A. There has been an increase in the number of
9 applications for, and inquiries regarding, proposed
public wireless communication facilities in the City
10 of Tustin. A City consultant is.currently reviewing
and proposing changes to the Zoning Code that will
11 address such facilities.
12 B. Section 9271b of the Tustin City Code currently allow~
public utilities, including natural gas, electricity,
13 telephone and wireless communications, in all zoning
districts without limitation as to height, number,
14 site location, or the requirement to obtain a use
permit, thereby permitting an over-concentration of
15 public wireless communication facilities. Over-
concentration, and a lack of control over the
16 conditions of operation of these facilities, can have
a negative impact on adjacent uses, particularly
17 residential uses.
18 C. The adoption of regulations and guidelines for the
establishment of public wireless communication
19 facilities will serve to reduce the potential for
negative impacts on the community.
20
D. Failure to immediately implement public' wireless
21 communication regulations through the adoption of an
urgency ordinance. will result in a substantial number
22 of public wireless communication facilities being
installed without cOntrolS needed to protect the
23 public health, safety and welfare.
24 E. The requirements and restrictions imposed by this
Ordinance are necessary to protect the health, safety
25 and welfarelof the citizens of TUstin.
26 F. The development Of a permanent ordinance will require
further study and analysis. The City Council has the
27° authority to adopt an urgency ordinance pursuant to
Government Code Section 65858 to protect the public
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safety, health, and welfare while the permanenn
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
public wireless communication'facilities. Therefore,
6 the 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. The following provisions are hereby.adopted as
9 interim regulations and guidelines for public wireless
communication facilities:
10
"INTERIM PUBLIC WIRELESS COMMUNICATION FACILITY REGULATIONS AND
11 GUIDELINES"
12 1.0 PURPOSE
13 The purpose of these interim regulations and guidelines is
to regulate the establishment of public wireless communication
14 facilities until such time as the City of Tustin adopts a
permanent ordinance pertaining to public wireless communication
15 facilities, and to protect the public health, safety, general
welfare, and quality of life of Tustin citizens in the interim.
16 The Tustin City Council has found and determined that these
interim regulations and guidelines for public wireless
17 communication facilities are necessary to attain these goals.
These regulations are intended to supersede applicable
18 provisions of Tustin City Code Section 9271b pertaining to
communications facilities and any other applicable provisions
19 contained within the Tustin City Code.
20 2.0 DEFINITIONS
21 UnleSs otherwise stated~ hhe following definitions pertain
to this urgency ordinance.
22
"Antenna" means a device used in communications which transmits
23 or receives radio signals.
24 "Antenna, Dish"' means a dish~like antenna used to link
communications sites together by wireless transmission of voice
25 or data. Also called microwave antenna or microwave dish
antenna.
26
"Antenna, Panel" means an antenna or array of antennae that are
27 flat and rectangular and designed to concentrate a radio signal
in a particular area. Also referred to as directional antennae.
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"Antenna, Whip" means an antenna that transmits signals in 360
3 degrees. They are typically cylindrical in shape and are less
than six inches in diameter and measure up to 18 feet in height.
4 Also called omnidirectional, stick or pipe antennae.
5 "Buildinq-mounted" means mounted to the side of a building or to
'another structure such as a water tank, billboard, church
6 steeple, freestanding sign, etc.
7 "California Public Utilities Commission (CPUC)" means the
governmental agency which regulates the terms and conditions of
8 public utilities in the State of California.
9 "Cell Site" means a geographical area with a radius of two to
eight miles that contains both transmitting and receiving
1O antennae. .
11 "Cellular" means an analog or digital wireless communication
technology that is based on system of interconnected neighboring
12 cell sites, each of which contains antenna.
13 "Certificate of Public Convenience and Necessity" means a
certificate issued by the California Public Utilities
14 Commission.
15 "Co-location" means the locating of wireless communications
equipment from more than one provider on a' single building-
16 mounted, roof-mounted or ground-mounted wireless communication
facility.
17
"Electromaqnetic Field" means~the local electric and magnetic
18 fields caused by voltage and the flow of' electricity that
envelop the space surrounding an electrical conductor.
19
"Enhanced Specialized Mobile Radio" means a digital wireless
20 communication technology that specializes in providing"
dispatching services.
21
"Flower Tower" means a structure that integrates a monopote into
'22 a light pole or other utility pole.
23 "Ground mounted" means mounted to a pole, monopole, lattice
tower or other freestanding structure specifically constructed
24 for the purpose of supporting such antenna.
25 "Lattice Tower" means a structure wi~h three or four steel
support legs that supports a variety of antennae. These towers
26 generally range in height from 60 to 200 feet and are
constructed in areas where great height is needed, microwave
27 antennas are required, or where the weather demands a more
structurally-sound design.
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"Major Wireless 'CommunicaEion Facility" means a wireless
3 communication facility that:
4 1. Is ground mounted on property not within the public right-
of-way; or
5
2. Is ground mounted within the public right-of-way but does
6 not qualify as a microcell facility; or
7 3. Is building or roof mounted and exceeds ten feet in height
and/or exceeds the maximum height permitted in the zoning
8 district in which the facility is located.
9 "Microcell" means a wireless communication facility that:
10 1. Contains a maximum of four whip or'panel antennae. Each
whip antenna-does not exceed 4" in diameter and four feet
il in length. Each panel antenna does not exceed two square
feet in surface area.
12
2. Contains a maximum of one microwave antennae no larger than
13 ten square feet in surface area.
14 3. Has an array of antennae less than ten feet in height.
15 4. Is building or roof mounted or, if within the public right-
of-way, is located on top of a light pole or telephone pole
16 or a metal or precast concrete monopole (similar in design
to a street light pole or street tree).
17
5. Has a total height, if building or roof mounted, that does
18 not exceed the maximum height permitted in the applicable
zoning district in which the facility is located.
19
"Minor Wireless Communication Facility" means a wireless
20 communication facility that:
21 1. Consists of a microcell; or
22 2. Is building or roof mounted and is less than ten feet in
height and does not exceed the maximum height permitted in
23 the zoning district in which the facility is located.
24 "Monopole" means a structure composed of a single spire-used to
support antennae and related equipment.
25
"Mounted" means attached or. supported.
26
"Personal Communication Services"' means a digital wireless
27 communication technology that has the capacity for multiple
communications services and will provide a system in which calls
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will be routed to individuals rather than places, regardless of
3 location.
4 "Private Wireless Communication Facility" means a wireless
communication facility that has not been granted a Certificate
5 of Public Convenience and Necessity by the CPUC.
6 "Public Wireless Communication Facility" means a wireless
communication facility that has been granted a Certificate of
7 Public Convenience and Necessity by the CPUC.
8 "Radiofrequency Radiation" means electromagnetic radiation in
the portion of the spectrum from 3 kilohertz to 300 gigahertz.
9
"Roof-mounted" means mounted above the eave line of a building.
10
"Stealth facility" means any communications facility which is
11 designed to blend into the surrounding environment, typically
one that is architecturally integrated into a building or-other
12 concealing structure. Also referred to as conceaIed antenna.
13 "Wireless Communication Facility" means a structure that
supports anEennae, microwave dishes and other related equipment
14 that sends and/or receives radiofrequency signals.
15 3.0 APPLICABILITY
16 ao All public wireless communication facilities for which
applications were approved and/or building permits
17 issued by the Community ,Development Department. on or
prior to the adoption date of this ordinance shall be
18 exempt from the interim regulations and guidelines
contained herein, unless Section 3.0 (b) applies.
19
b~ All public wireless communication facilities for which
20 building permits have expired, and have not been~
renewed on br prior to the adoption date of this
21 ordinance, shall be required to comply with the
interim regulations and guidelines contained herein.
22
c. All public wireless communication facilities for which
23 applications were determined complete by the Community
Development Department on or prior to the adoption
24 date of this ordinance shall be exempt from the
interim regulations and guidelines contained herein.
25
d. All public wireless communication facilities for which
26 applications 'were received by the Community
Development Department on or prior to the adoption
27 date of this ordinance and determined complete within
sixty (60) days following the adoption date of this
28 ordinance shall be exempt from the interim regulations
Ordinance No. 1163
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and guidelines contained herein. Where the
3 application is not determine~ complete within sixty
(60) days following the adoption of this ordinance,
4 the public wireless communication facility shall
comply with the interim regulations and guidelines
5 cohtained herein.
6 e. All public wireless communication facilities for which
applications. were received by the Community
7 Development Department following the adoption date of
this ordinance, shall be required to comply with the
8 interim regulations and guidelines contained herein.
9 f. All public wireless communication facilities to be
located during the term of this Interim Ordinance
10 within City of Tustin public right-of-way or on
property owned by the City of Tustin shall be exempt
'11 from the interim regulations and guidelines contained
herein.
12
4.0 DEVELOPMENT CRITERIA FOR ALL PUBLIC WIRELESS COMMUNICATION
13 FACILITIES
14 a. Screening Criteria and Guidelines
15 1) Public wireless communication facilities shall
have subdued colors and non-reflective materials
16 which blend with surrounding materials and
colors.
17
2) Public wireless communication facilities shall be
18 located in areas that will minimize their
aesthetic intrusion on the surrounding community.
19 Ground-mounted facilities should only be located
in proximity to existing above-ground utilities,
20 such as electrical tower or utility poles (which"
are not scheduled for eventual removal or
21 undergrounding), light poles, or trees of
comparable heights. For building mounted
22 'facilities, all screening shall be compatible
with the existing architecture, color, texture
23 and or materials of the building.
24 b. Site Selection Order of Preference
25 1) Public wireless communication facilities shall be
located in the following order of preference:
26
a') On existing structures such as buildings,
27 communication towers, church steeples and
freestanding signs.
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b). In locations where the existing topography,
3 vegetation, buildings, or other structures
provide the greatest amount of screening.
4
c) On vacant ground without significant visual
5 mitigation only in commercial and industrial
zoning districts.
6
2) As part of the application process, applicants
7. for public wireless communication facilities
shall be required to provide written
8 documentation demonstrating a good faith effort
in locating -facilities in accordance with the
9 Site Selection Order of Preference.
10 c. Other Criteria and Guidelines
11 1) Public wireless communication facilities shall
not bear any signs or advertising devices other
12 than certification, warning, or other required
~eals or signage.
13
2) All accessory equipment associated with the
14 operation of the public wireless communication
facility shall be located within a building,
15 enclosure, or underground vault that complies
with the development standards of the zoning
16 district in which the accessory equipment ms
located.
17
3) Within 90 days of commencement of operations,
18 applicants for public wireless communication
facilities may be required to provide a
19 preliminary report and field report prepared by
a qualified engineer that shows the operation of
20 the facility is in conformance with the standard
established by the American National Standards
21 Institute (ANSI) and Institute of Electrical and
Electronics Engineers (IEEE) for safe human
22 exposure to electromagnetic fields (EMF) and
Radiofrequency radiation (RFR).
23
5.0 LOCATIONAL CRITERIA FOR ALL PUBLIC WIRELESS COMMUNICATION
24 FACILITIES
25 a. No public wireless communication facility shall be
established:
26
1) Within any City of Tustin residential zone or
27 land use district; or
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2) On property that contains any legally-established
3 residential use.
~ 6.0 LOCATIONAL GUIDELINES FOR MINOR PUBLIC WIRELESS
COMMUNICATION FACILITIES
5
a. Minor public wireless communication facilities may be
6 established on property within the City of Tustin that
is not zoned or used for residential uses.
7
b. Minor public wireless communication facilities may be
8 established within all public rights-of-way, subject
to issuance of a City encroachment permit from the
9 Public Works Department.
10 7.0 LOCATIONAL GUIDELINES FOR MAJOR PUBLIC WIRELESS
COMMUNICATION FACILITIES
11
a. Providers requesting permission to establish major
12 public wireless communication facilities in the City
of Tustin are strongly encouraged to find sites that
13 are separated from residential areas to the greatest
extent feasible. No major public wireless
14 communication facility should be established within
three hundred (300) feet of:
15
1) Any City of Tustin residential zone or land use
16 district;
17 2) Any legally-established residential' use.
18 b. No major public wireless communication facility should
be established'within one hundred (100) feet of any
I19 existing, legally established major public or private
~wireless communication facility except when co-located
20 on the same building or structure..
21 c. For the purposes of this Ordinance, all distances
shall be measured in a straight line without regard to
22 intervening structures, from the 'nearest point of the
proposed major wireless communication facility to the
23 nearest proper~y line of any .land use, Land Use
District, or zone described in Subsection. (a) above,
24 or to the nearest point of another major wireless
communication facility described in Subsection.(b).
25
d. Major public wireless communication facilities should
26 be encouraged to locate on properties which are
located within the' industrial (M) .and Planned
27 Community Industrial (PC-IND) zoning districts.
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8~0 HEIGHT CRITERIA FOR MAJOR PUBLIC WIRELESS COMMUNICATIONS
3 FACILITIES
4 No major public wireless communication facility shall
exceed sixty-five (65) feet in height from ground level, unless
5 the maximum height permitted in the applicable zoning district
in which the facility is located is greater than sixty-five (65)
6 feet in height, in which case the major public wireless
communication facility shall not exceed the maximum height
7 permitted in the applicable zoning district in which the
facility is located.
9.0 REQUIREMENT FOR CONDITIONAL USE PERMIT
9
Each major public wireless communication facility
10 established in the City of Tustin during the term of this
Interim Ordinance must first ~eceive Planning Commission
11 approval of a conditional use permit as established by Tustin
City Code Section 9291.
12
10.0 REQUIREMENT FOR DESIGN REVIEW
13
During the term of this Interim Ordinance, Design Review
14 approval shall be required prior to the establishment of any
public wireless communication facility in accordance with Tustin
15 City Code Section 9272. In the event a conditional use permit
and/or a variance is also required, the Design Review authority
16 shall be deferred to the Planning Commission.
17 11.0 PRIVATE WIRELESS COMMUNICATION FACILITIES
18 Private wireless communication facilities shall be subject
to the applicable 'provisions of the Tustin City Code.
19
12.0 MONITORING PROGRAM
20
Each public wireless communication facility approved during
21 the term of this Interim Ordinance shall be reviewed by the
original approval authority (Community Development Director or
22 Planning Commission) at the end of five (5) years from the date
of design review and/or conditional use permit approval. The
23 Director or Planning Commission, as applicable, may recommend a
condition of approval to be able to modify existing conditions
24 or impose new conditions as part of this review .to protect the
public health, safety and general welfare, which condition shall
25 be subject to the approval of the City Council.
26 13.0 .CONDITIONAL USE PERMIT EXPIRATION
27 Each major public wireless communication facility approved
during the term of this Interim Ordinanceshall be approved for
28 a period not- to exceed the term of the lease, .including any
Ordinance No. 1163
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extension thereof, for the major public wireless communication
3 facility. A copy of said lease shall be submitted to the
Community Development Director prior to the issuance of a
4 building permit for the major public wireless communication
facility. If the lease is extended or terminated, notice and
5 evidence thereof shall be provided to the Community Development
Director. Upon termination or expiration of the lease, the
6 conditional use permit for the facility shall become null and
void and the facility removed.
7
14.0 ABANDONMENT
8
Lawfully erected public wireless communication facilities
9 that are no longer being used shall be removed promptly from the
premises, and no later than ninety (90) days after the
10 discontinuation of use. A public wireless communication
facility is considered abandoned if it no longer provides
11 wireless communication service. Such removal shall be in
accordance with proper health and safety requirements.
12
A written notice of the determinationof abandonment shall be
13 sent or delivered to operator of the public wireless
communication facility~ The operator shall have thirty (30)
14 days to remove the facility of provide the Community Development
Department with evidence that the use has not been discontinued.
15 The Planning Commission shall review all evidence and shall
determine whether or not the facility is abandoned. All
16 facilities not removed within the required thirty (30) day
period shall be in violation of the Code and operators of the
17 facility and the owners of the property shall be subject to
penalties for violations under the enforcement and penalties
18 provisions of this Ordinance.
19 15.0 VIOLATIONS/PENALTIES
20 Violations of this Ordinance shall constitute a misdemeanor
punishable by fine or imprisonment or both. Each day the
21 violation continues is punishable as a separate offense pursuant
to Tustin City Code Section 1121.
22
Section 3. This Ordinance is an Urgency Ordinance, enacted
23 pursuant to Government CodelSection 65858(b). The term of the
Urgency Ordinance shall be for a period of 45 days from the date
24 of adoption, unless legally extended in accordance with law by
action of the City Council.
25
Section 4. This Ordinance shall be adopted by a four-
26 fifths (4/5) vote of the City Council and shall be effective
immediately upon such vote.
27
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Ordinance No. 1163
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Section 5. Severability
3
All of the provisions of this urgency ordinance Shall be
4 construed together in order to accomplish the purpose of these
regulations. If any provision of this part is hel~ by a court
5 to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts, or
6 if a provision is declared to be invalid or unconstitutional as
applied to all facts, all of the remaining provisions of this
7 ordinance shall continue to be fully effective.
8
PASSED ANDADOPTED at a regular meeting of the City Council held
9 on the 4th day of March, 1996.
13 PAb~fa~TOLER
CITY CLERK
STATE OF CALIFORNIA )
15 COUNTY OF ORANGE )
CITY OF TUSTIN )
16
CERTIFICATION FOR ORDINANCE NO. 1163
17
PAMELA STOKER, City Clerk and ex-officio Clerk of the City
18 Council' of the City of Tustin, California, does hereby~certify
that the whole number of the members of the City Council of the
19 City of. Tustin is five; that the above and foregoing Urgency
Ordinance was passed and adopted at a regular meeting of the
20 City Council held on the 4th day of March, 1996, by the-
following vote:
21
COUNCILPERSONS AYES: POTTS, WORLEY, DOYLE, SALTARELLI
22 COUNCILPERSONS NOES: NONE
COUNCILPERSONS ABSTAINED: NONE
23 COUNCILPERSONS ABSENT: THOMAS
25 P~efa StoFer', ~i~y ~lerk
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