HomeMy WebLinkAboutOrd. No. 2016-1364 Regulation of Wireless Communications FacilitiesORDINANCE NO. 2016 -1364
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE
TO: (1) AMEND CHAPTERS 17.60, 17.64, 17.68, 17.72, 17.76, 17.80, AND 17.84
REGARDING ANTENNAS, SATELLITE DISHES, AND SIMILAR DEVICES; AND (2)
ADD CHAPTER 17.186 PROVIDING FOR THE REGULATION OF WIRELESS
COMMUNICATIONS FACILITIES AND MODIFYING VARIOUS CHAPTERS
RELATED TO USES
Whereas, Chapter 17.186 (Wireless Communication Facilities) of the Lake Elsinore Municipal
Code (LEMC) sets forth the regulation for Wireless Communication Facilities; and,
Whereas, Section 17.188.040 of the LEMC requires the Planning Commission to review the
proposed amendment to the LEMC and after examining the proposed amendment to make
recommendations of its findings to the City Council (Council); and,
Whereas, on September 20, 2016, at a duly noticed Public Hearing the Planning Commission
has considered evidence presented by the Community Development Department and other
interested parties with respect to this item; and,
Whereas, on October 11, 2016, at a duly noticed Public Hearing, the Council has considered the
recommendation of the Planning Commission as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN
AS FOLLOWS:
Section 1: Section 17.60.040.B.4.a. of the LEMC is hereby amended to read as follows:
a. Antennas, satellite dishes, and similar devices utilized for non - commercial purpose, unless
preempted by State or Federal law.
Section 2: Section 17.64.040.B.4.a. of the LEMC is hereby amended to read as:
a. Antennas, satellite dishes, and similar devices utilized for non - commercial purpose, unless
preempted by State or Federal law.
Section 3: Section 17.68.040.B.4.a. of the LEMC is hereby amended to read as follows:
a. Antennas, satellite dishes, and similar devices utilized for non - commercial purpose, unless
preempted by State or Federal law.
Section 4: Section 17.72.040.B.3.a. of the LEMC is hereby amended to read as follows:
a. Antennas, satellite dishes, and similar devices utilized for non - commercial purpose, unless
preempted by State or Federal law.
Section 5: Section 17.76.040.B.4.a. of the LEMC is hereby amended to read as follows:
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a. Antennas, satellite dishes, and similar devices utilized for non - commercial purpose, unless
preempted by State or Federal law.
Section 6: Section 17.80.040.6.1. of the LEMC is hereby amended to read as follows:
1. Antennas, satellite dishes, and similar devices utilized for non - commercial purpose, unless
preempted by State or Federal law.
Section 7: Section 17.84.040.6.1. of the LEMC is hereby amended to read as follows:
1. Antennas, satellite dishes, and similar devices utilized for non - commercial purpose, unless
preempted by State or Federal law.
Section 8: Chapter 17.186 is hereby added to the LEMC to read as follows:
Chapter 17.186
WIRELESS COMMUNICATIONS FACILITIES
17.186.010
Purpose.
17.186.020
Definitions.
17.186.030
Permits Required.
17.186.040
Application Requirements.
17.186.050
Permit Review ( "Shot Clock ") Time Periods.
17.186.060
Permit Process and Findings.
17.186.070
Development Standards.
17.186.080
Abandoned Sites.
17.186.010 Purpose.
The purpose of this chapter is to: enhance the ability of Wireless Communications Service
providers to effectively and efficiently provide new Wireless Communications Services in the
City; encourage the design and placement of Wireless Communications Facilities in a way that
minimizes their impact to the visual character, health, economic vitality and biological
resources of the City; encourage and maximize the use of existing and approved Wireless
Communications Facilities, buildings and other structures while taking into account the use of
concealment technology in order to reduce the number of facilities needed to serve businesses
and residents in the City; ensure continuous maintenance of new and existing Wireless
Communications Facilities; and ensure the timely removal of any unused or outdated Wireless
Communications Facilities.
17.186.020 Definitions.
For purposes of this chapter, the following terms, phrases, words, and derivations shall have the
meaning given in this section:
"Antenna" means a device used for the purpose of transmitting and /or receiving wireless
communication signals.
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"Base Station" means a structure or equipment at a fixed location that enables FCC licensed or
authorized wireless communications between user equipment and a communications network.
The term does not encompass a Tower as defined herein or any equipment associated with a
Tower. Base station includes, without limitation:
a. Equipment associated with Wireless Communications Services such as private,
broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
b. Radio transceivers, Antennas, coaxial or fiber -optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological configuration (including
Distributed Antenna Systems (DAS) and small -cell networks).
C. Any structure other than a Tower that, at the time the relevant application is filed
with the City under this section, supports or houses equipment described in paragraphs (a) and
(b) that has been reviewed and approved under applicable zoning or siting process, or under
another State or Local regulatory review process, even if the structure was not built for the sole
or primary purpose of providing that support.
The term "Base Station" does not include any structure that, at the time the relevant application
is filed with the City under this section, does not support or house equipment described in
Subsections (a) and (b) of this definition.
"Collocation" means the mounting or installation of Transmission Equipment on an Eligible Support
Structure for the purpose of transmitting and /or receiving Radio Frequency signals for
communications purposes.
"Eligible Facilities Request" means any request for modification of an existing Tower or Base
Station that, within the meaning of the Spectrum Act, does not Substantially Change the physical
dimensions of that Tower or Base Station, and involves the Collocation of new Transmission
Equipment, (b) the removal of Transmission Equipment, or (c) the replacement of Transmission
Equipment.
"Eligible Support Structure" means any Tower or Base Station that exists at the time the application
is filed with the City.
"FCC" means the Federal Communications Commission or Successor Agency.
"Monopole" means a freestanding antenna structure, with a single continuous footing, designed
to be self - supporting without the use of guywires.
"RF" means radio frequency on the radio spectrum.
"Spectrum Act" means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act,
47 U.S.C. § 1455(a), signed into law on February 22, 2012, and providing, in part, "... a State or
Local government may not deny, and shall approve, any Eligible Facilities Request for a
modification of any existing wireless Tower or Base Station that does not Substantially Change
the physical dimensions of such Tower or Base Station."
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"Stealth Facility" means a Wireless Communications Facility designed to blend into the
surrounding environment, to be minimally visible and to appear as a natural feature, such as a
tree or rock or other natural or architectural feature, so that no portion of any equipment cabinet,
Transmission Equipment, or any other apparatus associated with facility's function is visible from
publicly accessible areas. A Stealth Facility may be incorporated into an architectural feature such
as a steeple, parapet wall, light standard, equipment screen or landscaping.
"Substantially Changes" means, in the context of an Eligible Support Structure, a modification of
an existing Tower or Base Station where any of the following criteria is met:
1. For a Tower not located in the public right -of -way, if the height of the Tower is increased
by:
a. More than ten 10 percent; or,
b. By the height of one additional Antenna array with separation from the nearest
existing Antenna not to exceed 20 feet, whichever is greater; or,
c. There is an added appurtenance to the body of the Tower that would protrude
from the edge of the Tower by (1) more than 20 feet, or (II) more than the width of
the Tower at the level of the appurtenance, whichever is greater.
2. For a Tower located in the public rights -of -way and for all Base Stations:
a. The height of the Tower or Base Station is increased by more than 10 percent or
10 feet, whichever is greater; or,
b. There is an added appurtenance to the body of that structure that would protrude
from the edge of that structure by more than six (6) feet; or,
c. It involves the installation of ground cabinets that are more than 10 percent larger
in height or overall volume than any other ground cabinets associated with the
structure; or,
d. It involves the installation of any new equipment cabinets on the ground if there is
no pre- existing ground cabinet associated with that structure.
3. For any Eligible Support Structure:
a. It involves the installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four (4) cabinets; or,
b. There is entailed in the proposed modification any excavation or deployment
outside of the current site of the Tower or Base Station; or,
c. The proposed modification would cause the concealment/camouflage elements of
the Tower or Base Station to be defeated; or,
d. The proposed modification would not comply with the conditions associated with
the prior siting approval of construction or modification of the Tower or Base
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Station, unless the non - compliance is due to an increase in height, increase in
width, addition of cabinets, or new excavation that does not exceed the
corresponding thresholds in this section.
4. To measure changes in height for the purposes of this section, the baseline is:
a. For deployments that are or will be separated horizontally, measured from the
original Support Structure.
b. For all others, measured from the dimensions of the Tower or Base Station,
inclusive of originally approved appurtenances and any modifications that were
approved by the City prior to February 22, 2012.
c. To measure changes for the purposes of this section, the baseline is the
dimensions that were approved by the City prior to February 22, 2012.
"Tower" means any structure built for the sole or primary purpose of supporting any FCC licensed
or authorized Antenna, including any structure that is constructed for Wireless Communications
Service. This term does not include a Base Station.
"Transmission Equipment" means equipment that facilitates transmission of any FCC licensed or
authorized Wireless Communication Service.
"Wireless Communications Facilities" means any Antenna, associated equipment, Base Station,
small cell system, Tower, and /or Transmission Equipment.
"Wireless Communications Service" means, without limitation, all FCC licensed back -haul and
other fixed wireless services, broadcast, private, and public safety communication services, and
unlicensed wireless services.
17.186.030 Permits Required.
A. Any new Wireless Communications Facility that is not a Collocation or modification of an
existing Tower or Base Station is subject to approval of a Conditional Use Permit pursuant to
Chapter 17.168 LEMC.
B. No building permits shall be issued for the construction of any new Wireless
Communications Facilities, Collocation of new equipment on an Eligible Support Structure, or
modification of an Eligible Support Structure until the Applicant has obtained design review
approval pursuant to the provisions of Chapter 17.184 LEMC. The following exemption shall apply
to the modifications to an existing Eligible Support Structure that only include maintenance, repair,
and /or replacement of Antennas and Transmission Equipment and that do not change and /or
increase the Antennas or cabinets previously approved.
17.186.040 Application Requirements.
All applications for a Wireless Communications Facilities shall include the following items:
A. For Collocation of new equipment on an Eligible Support Structure or modification of an
Eligible Support Structure, an application for Minor design review shall be made in accordance
with Chapter 17.184 LEMC;
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B. For any new Wireless Communications Facility that is not a Collocation or modification of
an existing Tower or Base Station, an application for a Conditional Use Permit shall also be made
in accordance with Chapter 17.168 LEMC in addition to an application for Minor Design Review in
accordance with Chapter 17.184 LEMC.
C. A written statement asserting that the proposed Collocation or modification is an "Eligible
Facilities Request" and does not result in a Substantial Change in the physical dimensions of the
facility's wireless Tower or Base Station, as those terms are defined by Section 6409, Title 47,
United States Code, section 1455, and justifying that assertion.
D. For new Wireless Communications Facility projects, the plans shall include a scaled
depiction of the maximum permitted increase as authorized by the Spectrum Act, using the
proposed Project as a baseline.
E. For proposed Collocations or modifications to wireless Towers, the plans must include
scaled plan views and all four elevations that depict the physical dimensions of the wireless Tower
as it existed on February 22, 2012, or as approved if constructed after February 22, 2012. For
proposed Collocations or modifications to Base Stations, the plans must include scaled plan views
and all four elevations that depict the physical dimensions of the Base Station as it existed on
February 22, 2012, or as approved if constructed after February 22, 2012.
F. Propagation diagrams showing the existing network coverage within one (1) mile of the
site and the proposed coverage based upon the proposed facility at the proposed height.
G. Photo simulations showing the proposed facility from all public roads and all residential
developments within a half mile radius of the site.
H. Technical justification for the proposal (for example, to fill a "dead zone" or to
accommodate increased demand), why the subject site is considered necessary to accomplish
the provider's objectives, and why the proposed site is the most appropriate location.
I. A siting analysis which identifies a minimum of two other feasible locations within or outside
the City which could serve the area intended to be served by the facility, unless the Applicant
provides technical reasons for providing fewer than the minimum. The alternative site analysis
shall include at least one Collocation site.
J. A letter stating whether or not Federal Aviation Administration (FAA) clearance is required.
If FAA clearance is required, a letter stating the type of lighting necessary and the Tower color.
K. A fully executed copy of the lease or other agreement entered into with the owner of the
underlying property. The lease or other agreement shall include a provision indicating that the
Wireless Communications Service provider, or its successors and assigns, shall remove the
Wireless Communications Facility completely upon its abandonment. The lease or other
agreement shall also include a provision notifying the property owner that if the Wireless
Communications Service provider does not completely remove a facility upon its abandonment,
the City may remove the facility at the property owner's expense and lien the property for the cost
of such removal. Propriety information in the lease may be redacted.
L. The Community Development Director may require additional information or plans, if
necessary, to determine whether the application should be granted or denied.
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17.186.050 Permit Review ( "Shot Clock ") Time Periods
A. Review of Application Materials. The timeframe for review of an application shall begin to
run when the application is submitted, but shall be tolled if the City finds the application incomplete
and requests that the Applicant submit additional information to complete the application. Such
requests shall be made within 30 days of submission of the application. After submission of
additional information, the City will notify the Applicant within 10 days of this submission if the
additional information failed to complete the application.
B. Processing Time for Eligible Facilities Request. The City will act on the Minor Design
Review application for a proposed Wireless Communications Facilities modification, within 60
days, adjusted for any tolling due to requests for additional information or mutually agreed upon
extensions of time.
If the City determines that the application does not qualify as an Eligible Facilities Request, the
City will notify the Applicant of that determination in writing and will process the application subject
to the processing time identified in Section C below.
To the extent Federal law provides a "deemed granted" remedy for Eligible Facilities Request
applications not timely acted upon by the City, no such application shall be deemed granted until
the Applicant provides notice to the City, in writing, that the application has been deemed granted
after the time period provided in this Section has expired.
C. Processing Time for applications for Collocations or modifications that do not qualify as an
Eligible Facilities Request. The City will act on the application within 90 days, adjusted for any
tolling due to requests for additional information or mutually agreed upon extensions of time.
D. Processing Time for new Wireless Communications Facilities that are not a Collocation or
modification of an existing Tower or Base Station. The City will act on the application within 150
days, adjusted for any tolling due to requests for additional information or mutually agreed upon
extensions of time.
E. Denial of Application. If the City denies a Wireless Communications Facility application,
the City will notify the Applicant of the denial in writing of the reasons for the denial.
17.186.060 Permit Process and Findings
A. Minor Design Review applications for Eligible Facilities Request shall be reviewed by the
Community Development Director or his designee. The Community Development Director's
decision shall not be appealable. The Community Development Director shall approve the Minor
Design Review application provided the following findings can be made:
1. The Applicant proposes an Eligible Facilities Request; and,
2. The proposed Collocation or modification does not defeat any existing concealment
elements of the Support Structure.
B. Minor Design Review applications for Collocations or modifications that do not qualify as
an Eligible Facilities Request shall be reviewed by the Community Development Director. The
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Community Development Director's decision shall be appealable to the Planning Commission
pursuant to the Section 17.184.110.G. The Community Development Director, or the Planning
Commission on appeal, shall approve the Minor Design Review application provided all the
applicable development standards per Section 17.186.070 and all of the design review findings in
accordance with Chapter 17.184 of LEMC can be made.
C. Any new Wireless Communications Facility that is not a Collocation or modification of an
existing Tower or Base Station shall be reviewed by the Planning Commission in accordance with
Chapter 17.168 LEMC and Chapter 17.184 LEMC provided all the design review and conditional
use permit findings can be made.
17.186.070 Development Standards
All Wireless Communications Facilities shall comply with the following development standards:
A. All Wireless Communications Facilities shall comply with the general plan and applicable
specific plans.
B. All Wireless Communications Facilities shall be sited to minimize their impact upon scenic
views and shall not block or obscure existing commercial signage monuments. All Wireless
Communications Facility Antennas, mounting hardware, and cabling shall be covered or painted
to match the color and texture of the building, Tower, or pole on which it is mounted.
C. All Wireless Communications Facilities shall be substantially screened from view of
surrounding properties and the public view in one or more of the following ways:
1. Screened with landscaping planted and maintained around the facility, in the vicinity
of the facility, and along access roads as the director deems necessary. Such
landscaping, including irrigation, shall be maintained until the Wireless
Communications Facility is removed from the site.
2. Designed as Stealth Facilities.
3. Collocated with an existing facility or structure so as to not create substantial visual
impacts beyond those of the existing facility or structure.
D. Wireless Communications Facilities are permitted in any zoning district except: Hillside
Single - Family Residential (R -H); Estate Density Residential (R -E); Single Family Residential (R-
1); Low Density Residential (R -2); Medium Density Residential (R -2); and High Density Residential
(R -3).
Notwithstanding the foregoing exceptions, Wireless Communications Facilities may be located in
the zoning districts listed in this section provided the facility meets one of the following criteria:
1. It is located within the public right -of -way as designated in the General Plan, the
proposed Wireless Communications Facility would have an incidental or otherwise
insignificant visual or aesthetic impact, and it is located on a streetlight standard or
traffic signal standard within the public right -of -way of public streets, including local
streets; or,
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2. It is located on a non - residential structure such as a church, school or recreational
facility, including those mounted on light standards within a public or private park.
E. Except as otherwise provided by this chapter, a Wireless Communications Facility shall not
exceed the height limit specified for the zone in which it is located.
F. A Wireless Communications Facility shall be setback 50 feet from a residential property
line or shall be setback from habitable dwellings a distance equal to 100 percent of the facility
height, whichever is greater. A variance may be granted to vary from this requirement upon the
findings specified in Chapter 17.172 LEMC.
G. No new Monopole shall be permitted unless the Applicant demonstrates that a proposed
facility cannot be placed on an existing building or collocated. The Community Development
Director may require an independent, third party analysis, at the Applicant's expense, to identify
alternatives to a proposed Monopole. All new monopoles shall comply with the following:
A Monopole shall not exceed the height limit established for the zone in which it is to
be located, unless: the proposed facility is compatible with surrounding properties; the
additional height is necessary to provide service within the City; and a Conditional Use
Permit is granted in accordance with Chapter 17.168 LEMC. In no event shall a
Monopole exceed 60 feet in height.
2. Guywires or support structures shall not be allowed.
3. Monopoles shall be designed to allow for Collocation of additional Antennas.
4. Monopoles shall be designed as a Stealth Facility to blend the Antenna or the Tower
into the surrounding area and to minimize visibility from off -site locations.
H. In addition to all other applicable development standards, Wireless Communications
Facilities proposed to be mounted on existing or proposed buildings shall comply with the following
standards:
Antennas and ancillary equipment shall be scaled and designed to integrate with
building design so as to be visually unobtrusive. Design techniques may include
locating the facility behind parapets or within steeples or Towers.
2. If Antennas are mounted flush against a building wall, the color and material of the
Antenna and other equipment shall match the exterior of the building.
3. A building- mounted Wireless Communications Facility shall be architecturally
compatible with the existing building on or to which the Antenna, Base Station, or
Tower is attached.
4. A building- mounted Wireless Communications Facility may extend 15 feet beyond the
permitted height of the building in the zone district.
I. All Wireless Communications Facilities shall be enclosed with a decorative block wall,
wrought iron fence, or other screening option at a minimum height of six (6) feet as deemed
appropriate by the Community Development Director.
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J. All Wireless Communications Facilities shall be designed, located, and operated to avoid
interference with the quiet enjoyment of adjacent properties, and at a minimum shall be subject to
the noise standards of Chapter 17.176 LEMC. The Community Development Director may require
an independent acoustic analysis to identify appropriate mitigation measures when the noise of
such facility may have a detrimental effect on an adjacent property.
K. Freestanding equipment enclosures shall be constructed to look like adjacent structures
or facilities typically found in the area and shall adhere to the Citywide Design Standards and
Guidelines where appropriate. Where there are no structures in the immediate vicinity, equipment
closures shall blend with existing naturally occurring elements of the viewing background shall be
screened from view by landscaping, fencing /walls or other methods. Equipment enclosures shall
not exceed 13 feet in height.
L. Outside lighting is prohibited unless required by the FAA or the California Building Code,
including the appendix and standards adopted by the California Building Standards Commission.
All Towers that require a warning light to comply with FAA regulations shall use the minimum
amount possible. Any lighting system installed shall also be shielded to the greatest extent
possible so as to minimize the negative impact of such lighting on adjacent properties and so as
not to create a nuisance for surrounding property owners or a wildlife attractant.
M. Temporary parking for service vehicles may be permitted on site. No off -site parking shall
be allowed for any service vehicle. Paving for the parking shall be required, where appropriate,
and may not be removed without proper mitigation. No vehicles may remain parked overnight,
with the exception of technicians working at the site during the night. If a new Wireless
Communications Facility is placed on existing parking spaces required by the use currently on
site, the parking spaces shall be replaced so that the current use has the necessary parking
required by Chapter 17.148 LEMC. If such replacement of spaces is not feasible, a variance may
be requested.
17.186.080 Abandoned Sites.
A. Any Wireless Communications Facility that is not continuously operated for a period of 60
days shall be conclusively deemed abandoned.
B. The Applicant or operator shall have 60 days after a notice of abandonment is mailed by
the County to make the facility operable, replace the facility with an operable facility, or remove
the facility.
C. Within 90 days of the date the notice of abandonment is mailed, the City may remove the
Wireless Communications Facility at the underlying property owner's expense and shall place a
lien on the property for the cost of such removal.
D. The owner of the property shall, within 120 days of the City's removal, return the site to its
approximate natural condition. If the owner fails to do so, the City can restore and revegetate the
site at the property owner's expense.
E. If there are two (2) or more users of a- single facility, the facility shall not be deemed
abandoned until all users abandon it.
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Section 9. CEQA. This Ordinance is exempt from the California Environmental Quality Act in
accordance with Section 15061(b) (3) there is no possibility that the activity in question may have
a significant effect on the environment.
Section 10. Severability. If any provision of this Ordinance or its application is held invalid by a
court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the invalid provision or application,
and to this end each phrase, section, sentence, or word is declared to be severable.
Section 11. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the 31St day
after the date of adoption.
Section 12. Certification. The City Clerk shall certify to the passage of this Ordinance and shall
cause a synopsis of the same to be published according to law.
Passed and Adopted this 25th day of October, 2016.
Brian 1§d"516, Mayor
Attest:
Susan M. Domen, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE } ss.
CITY OF LAKE ELSINORE }
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2016 -1364 was introduced at the Regular meeting of October 11, 2016,
and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of October 25,
2016, by the following vote:
AYES: Council Members Hickman, Johnson, and Manos; Mayor Pro Tern Magee and Mayor
Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
, ']
Susan M. Domen, MMC
City Clerk