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HomeMy WebLinkAboutNS-2102 - Adding Section to Santa Ana Municipal Code and Amending Sections to Establish Regulations for Cellular Telephone Facilities073 REL: 1/7/91 ORDINANCE NO. NS-2102 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 41-198 TO THE SANTA ANA MUNICIPAL CODE AND AMENDING SECTIONS 41-602, 41-602.5, 41-668 AND 41-686, TO ESTABLISH REGULATIONS FOR CELLULAR TELEPHONE FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 41-198, which said section reads as follows: Sec. 41-198. Cellular telephone facilities. (a) Cellular telephone facilities are not permitted in the Al, RE, R1, R2, R3, and R4 use districts nor in any PCD or SD use district which is planned or developed for residential use. (b) In use districts other than those specified in subsection (a) of this section: (1) Cellular telephone facilities which include freestanding vertical antennas that do not exceed 35 feet in height, measured from ground level, are permitted. (2) A conditional use permit is required for cellular telephone facilities with freestanding vertical antennas in excess of 35 feet in height, measured from ground level. (3) A land use certificate is required for cellular telephone facilities with roof mounted antennas, and all such roof mounted antennas shall comply with the following standards: a. The antenna shall be screened from view. b. The antenna and method of screening the antenna shall be architecturally compatible and integrated with the existing structure. c. The antenna and support structure shall not exceed ten (10) feet in height, as measured from its base. 074 ORDINANCE NO. NS-2102 Page 2 SECTION 2: That section 41-602 of the Code is hereby amended to read as follows: Santa Ana Municipal Sec. 41-602. Height-Generally. (a) There is established separate and distinct height districts I and II in which are contained special provisions allowing structures to exceed the maximum height permitted in the applicable land use districts. (b) Unless otherwise designated on the appropriate sectional district maps, all land within or subsequently annexed or incorporated into the city is declared to be in height district I. (c) Ail lots within height district I shall be subject to the following height exceptions and regulations: (1) On any lot or portion of a lot in the Al, RE, Ri, R2, R3, R3H and R4 districts no structure shall exceed the height therein specified. (2) On any lot or portion of a lot in the P, C1, C2, C4, C5, CR, Mi, M2, LM CM, O, and GC districts: (i) No structure shall exceed thirty-five (35) feet in height within one hundred and forty (140) feet of any property used or zoned for residential purposes. (ii) Any structure on a lot or portion of a lot contiguous to or separated by a street, alley, flood-control channel or ditch, pedestrian walkway, or railroad right-of-way, from property used or zoned for residential purposes may exceed thirty-five (35) feet in height, provided that no part of said structure, exclusive of the first thirty-five (35) feet of height from street grade, intercepts a plane that rises one (1) foot in every four (4) lineal feet drawn from the nearest point of each property in the aforementioned districts toward the interior of the building site whereon it is proposed to erect a structure in excess of thirty-five (35) feet in height. Further, there shall be provided and maintained along all such property lines or zone boundary lines mentioned hereinabove, a fifteen (15) foot landscaped strip. When said landscaped strip is contiguous to or is .o. 075' Page 3 separated from a property used or zoned for residential purposes by any of the aforementioned ways other than a street, said landscaping shall include not less than one (1) tree for every ten (10) lineal feet of said landscaped strip. Said trees shall be twenty-four (24) inch box size at time of planting. (iii) In addition to (i) and (ii) above, each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from one or the other or from both side property lines not less than a combined total distance equal to one-half (1/2) of the overall height of the structure, signs included. Further, each part of the structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from the front or back or from both the front and the back property lines not less than a combined total distance equal to one-half (1/2) of the overall height of the structure, signs included. (d) Ail lots within height district II shall be subject to the following height exceptions and regulations: (1) Any structure may exceed thirty-five (35) feet in height if both of the following provisions are complied with: (i) Each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from one or the other or from both side property lines not less than a combined total distance equal to one-half (1/2) of the overall height of the structure, signs included. (ii) Each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from the front or the back or from both the front and the back property lines not less than a combined total distance equal to one-half (1/2) of the overall height of the structure, signs included. (e) On any lot or portion of a lot not used or zoned for residential purposes, towers, including radio and television antennas, gables, spires, scenery lofts, cupolas, water tanks, -, 07Go A cE Mo. 2 02 Page 4 silos, covering not more than ten (10) per cent of the ground area of the buildings at the base thereof, artificial windbreaks, windmills and similar structures, and necessary mechanical appurtenances may be built and used to a greater height than the limit established for the district in which such structures are located, provided, however, that no structure in excess of the allowable building height shall be used for sleeping or eating quarters, or for any commercial purpose other than that such as may be incidental to the permitted use of the main building~ On any lot or portion of a lot used or zoned for residential purposes, all such structures and appurtenances shall be considered to constitute part of the building or structure for purposes of height determination. (f) No accessory structure shall exceed twenty (20) feet. (g) This section does not apply to cellular telephone antennas. SECTION 3: That section 41-602.5 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-602.5. Height exemption areas. There are hereby established within the city certain areas designated and delineated as "height exemption areas" on that certain map adopted by ordinance of the city council and incorporated herein byreference. Notwithstanding anything to the contrary in section 41-602 or in any other provision of this chapter, there shall be no limitation on the height of any building constructed within a height exemption area; nor shall any yard or building setback requirement which is based upon the height of a building apply to any building constructed within a height exemption area. This section does not apply to cellular telephone antennas. SECTION 4: That section 41-688 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-668. Definitions. (a) Development project: As used in this division, the term "development project" includes the following: (1) The new construction of any building or buildings, other than accessory buildings, or of any cellular telephone facilities. (2) Exterior alterations or additions to any existing building or buildings, if the cost of the work to be done exceeds twenty thousand dollars 4 ORDINANCE NO. 2102 Page5 ($20,000.00). (b) Discretionary approval: As used in this division, the term "discretionary approval" means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division. ~: That section 41-686 of the Santa Aha Municipal Code is hereby amended to read as follows: sec. 41-686. Additional uses on lots of nonconforming use or building. While a nonconforming use or building exists on any lot, no other use, including, but not limited to, off-premise commercial advertising signs, shall be permitted even though such other use would otherwise be conforming. This section does not apply to cellular telephone facilities. SECTION 6: That those "Design and Development Standards for Transmitter and Antenna Facilities" attached hereto as Exhibit A are hereby approved and adopted as standards for the approval of development project plans for cellular telephone facilities pursuant to section 41-670 of the Santa Ana Municipal Code. The said standards may hereafter be amended, revised or repealed by resolution of the city council. SECTION 7: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ~: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and 077 5 078 ORDINANCE NO. NS-2102 Page 6 obligations thereunder appertaining shall continue in full force and effect. ADOPTED this .4th day of Februar,y 199]__. ATTEST: COUNCILMEMBERS: Daniel H. Young Mayor Young Aye Pulido A.¥e Acosta A.ye Griset Aye McGuigan A3e Norton A3e Richardson A~e APPROVED AS TO FORM: ~r City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION . State of california County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~/~- ~/~2~ to be the original ordinance adopted by the city Council of the City of Santa Ana on ~/~/gt ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. C~lerk of the CounCil, Date City of Santa Aha ORDINANCE NO. DESIGN AND DEVELOPMENT STANDARDS FOR TRANSMITTER AND ANTENNA FACILITIES NS-2102. Page 7 079 Ail cellular telephone transmitter a~d antenna facilities shall be reviewed by Planning staff to evaluate site location and design. The following are design standards for proposed cellular transmitter and antennas facilities: 1. The Planning Division shall be contacted to identify if a proposed project site is within a redevelopment project area, specific plan area, etc. which may impact or restrict the placement of cellular transmitter/antenna facilities. 2. The proposed transmitter and antenna facilities shall comply with all setback requirements specified for buildings within the respective zoning district. Whenever feasible cellular telephone providers shall consider site sharing of cellular transmitter/ antenna facilities to minimize the number of cellular facilities required to service the community's needs. Cellular telephone antennas greater that the 35 foot height limitation of the zoning district shall be located a minimum of 140 feet from any property zoned or used for residential purposes. The location of antennas and transmitter facilities shall not be clearly viewable from the public way. A landscape planter shall be provided for screening around the base of the transmitter station and ground mounted antenna to minimize the visual and aesthetic impacts on surrounding uses. Plant material shall include vines, groundcover, and trees with a minimum 24 inch box size at the time of planting. The proposed antenna shall be finished in a color to neutralize and blend in with the immediate surroundings. The transmitter station or shelter shall be designed to be unobtrusive. This may include locating the transmitter station within an existing building or mounted on the roof top. In all cases, the cellular transmitter station shall be in context with the immediate surrounding and be architecturally compatible with the existing structures on the site with respect to design, color and materials. Antenna and transmitter equiptment on roof tops and projecting from walls shall be screened from view unless made an integral part of the design of the buildil%g. Fencing associated with the cellular facility shall be wrought iron or similar decorative material. The use of chain link is not permitted unless approved by the Planning Manager. This approval shall be'based on the location of cellular facility and visability to the street. 0~00RDINANCE NO. NS-2102 Page 8 10. A solid wall or fence, a minimum of six feet ia height, shall between a proposed transmitter and antenna facility located property zoned or used for residential purposes for screening. be provided adjacent to 11. The proposed transmitter and antenna shall not create any additional non-conformances to the site such as a reduction of required parking, landscaping, trash enclosure, loading zones, etc. 12. Maintenance operations associated with the proposed transmitter and antenna facility shall be performed after 7am and before 7pm when located adjacent to property used or zoned for residential purposes. 13. The installation shall be located in such a way as to of the antenna's 360 degree reception area from development on adjoining parcels. prevent obstruction potential permitted 14. Any requirement imposed upon the installation of an antenna area transmitter station shall not impose unreasonable limitations on or prevent reception or operate to impose costs on the user of such antennas that are excessive in light of the purchase and installation of such antennas.