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HomeMy WebLinkAboutNS-2356 - Adopting Regulations for Wireless Communication Facilities in the City· ' .1.4'6 ORDINANCE NO. NS- 2356 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING REGULATIONS FOR WIRELESS COMMUNICATION FACILITIES IN THE CITY OF SANTA ANA WHEREAS, this Council finds and determines that there has been an increase in the number of applications for, and inquiries regarding, proposed wireless communication facilities in the City of Santa Ana; and WHEREAS, this Council finds and determines that the over- concentration and a lack of control over the conditions of operation of wireless communication facilities have a negative impact on adjacent uses, particularly residential uses; and WHEREAS, this Council finds and determines that the adoption of regulations and guidelines for the establishment of wireless communication facilities will serve to reduce the negative impacts on the community; and WHEREAS, this Council finds and determines that the requirements and restrictions imposed by this Ordinance are necessary to protect the health, safety, and welfare of the citizens of Santa Ana. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section t: That the Santa Ana Municipal Code Section 41-602 is hereby amended as follows: Sec. 41-602. Height-Generally. (a) There are 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, M1, M2, LM, CM, O, and GC districts: '1'47 (i) No structure shall exceed thirty-five (35) feet in height within one hundred 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-foot landscaped strip. When said landscaped strip is contiguous to or is 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-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 (1) or the other or from both side property lines not less than a combined total distance equal to one-half (~) 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 (~) of the overall height of the structure, signs included. (d) All lots within height district II shall be subject to the following height exceptions and regulations: (i) Any structure may exceed thirty-five (35) feet in height if both of the following provisions are complied with: 148 (±) Each part of any structure, exclusive of the first thirty-five (35) feet of height from street grade, shall be set in from one (1) or the other or from both side property ~ines not less than a combined total distance equal to one-half (~) 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 (~) 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, 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 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 wireless communication facilities. Section 2: That the Santa Ana Municipal Code Section 41-602.5 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 by reference. Notwithstanding anything to the contrary in section 41-602 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 149 ...... constructed within a height exemption area. This section does not apply to wireless communication facilities. Section 3: That the Santa Ana Municipal Code Section 41-668 is hereby amended as follows: Sec. 41-668. Definitions. (a) Development project: As used in this division, the term "development project" includes any of the following projects: (i) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of five hundred (500) square feet or more is constructed or added, or if the cost of the work to be done exceeds fifty thousand dollars ($50,000.00); but excluding the following: a. Single family homes; b. Room additions to duplexes; c. Tenant improvements not involving a change of use; d. Facade improvements; e. Equipment covers or structures to cover equipment. (2) Tenant improvements involving an intensification or change in occupancy classification. (3) Any new construction, reconstruction or alteration of a service station, including facade improvements, but excluding environmental clean-up work such as underground tank removal or replacement. (4) Major Wireless communication facilities. (5) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages. (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. Section 4: That the Santa Ana Municipal Code Section 41-686 is hereby amended as follows: Sec. 41-686. Additional uses on lots of nonconforming uses or building. While a nonconforming use or building exists on any lot, no other use, including, but not limited to, off-premises commercial advertising signs, shall be permitted even though such other use would otherwise be conforming. This section does not apply to wireless communication facilities. Section 5: That Santa Aha Municipal Code Section 41-198 is hereby amended to read as follows: Sec. 41-198. Purpose. The purpose of these regulations and guidelines is to regulate the establishment of all wireless communication facilities to protect the public safety, general welfare, and quality of life of Santa Aha citizens. The Santa Ana City Council has found and determined that these regulations and guidelines for wireless communication facilities are necessary to attain these goals. These regulations are intended to amend applicable provisions of Santa Ana Code Section 41-198, pertaining to communications facilities, Santa Aha Municipal Code Section 41 and any other applicable provisions contained within the Santa Aha City Code. Section 6: That the Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 41-198.1, which said section reads as follows: Sec. 41-198.1. Definitions. Unless otherwise state, the following definitions pertain to this ordinance. "Antenna" means a device used in communications which transmits or receives radio signals. "Antenna, Panel" means an antenna or array of antennae that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also referred to as directional antennae. "Antenna, Whip" means an antenna that transmits signals in 360 degrees. They are typically cylindrical in shape and are less than six inches in diameter and measure up to 18 feet in height. Also called omnidirectional, stick, or pipe antennas. 151 "Buildinq Mounted" means mounted to the side of a building or to another structure such as a water tank, billboard, church steeple, freestanding sign, etc. "California Public utilities Commission (CPUC)" means the governmental agency which regulates the terms and conditions of public utilities in the State of California. "Cell Site" means a geographical area that contains both transmitting and receiving antennae. "Cellular" means an analog or digital wireless communication technology that is based on system of interconnected neighboring cell sites, each of which contains antenna. "Certificate of Public Convenience and Necessity" means a certificate issued by the California Public Utilities Commission. "Co-location" means the locating of wireless communications equipment from more than one provider on a single building mounted, roof mounted, or ground mounted or wireless communication facility. "Electromaqnetic Field" means the local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor. "Enhanced Specialized Mobile Radio" means a digital wireless communication technology that specializes in providing dispatching services. "Ground Mounted" means mounted to a pole, monopole, lattice tower, or other freestanding structure specifically constructed for the purpose of supporting such antenna. "Lattice Tower" means a structure with two or more support legs that supports a variety of antennae. These towers generally range in height from 60 to 200 feet and are constructed in areas where great height is needed, microwave antennas are required, or where the weather demands a more structurally sound design. "Major Wireless Communication Facility" means a wireless communication facility that: 1. Is ground mounted; or height. Is building or roof mounted and exceeds 10 feet in "Microcell" means a wireless communication facility that: 1. Contains a maximum of four whip and 12 panel antennae. Each whip antenna does not exceed four inches in diameter and four feet in length. Each panel antenna does not exceed two square feet in surface area. 2. Contains a maximum of one microwave antennae no larger than 10 square feet in surface area. 3. Has an array of antennae less than 10 feet in height as measured from the base. 4. Is building or roof mounted. 5. Has a total height, if building or roof mounted, that does not exceed the maximum height permitted in the applicable zoning district in which the facility is located. "Minor Wireless Communication Facility" means a wireless communication facility that: 1. Consists of a microcell; or 2. Is building or roof mounted and is less than 10 feet in height and does not exceed the maximum height permitted in the zoning district in which the facility is located. 3. Is fully screened from view if roof mounted. "Monopole, means a structure composed of a single spire used to support antennae and related equipment. "Mounted" means attached or supported. "Multi Purpose Tower" means a structure that integrates a monopole into a light pole or other utility pole. "Personal Communication Services" means a digital wireless communication technology that has the capacity for multiple communications services and will provide a system in which calls will be routed to individuals rather than places, regardless of location. "Private Wireless Communication Facility" means a wireless communication facility that has not been granted a Certificate of Public Convenience and Necessity by the CPUC. "Public Wireless Communication Facility" means a wireless a Certificate of communication facility that has been granted Public Convenience and Necessity by the CPUCo · 153 "Radiofrequency Radiation" means in the portion of the spectrum from gigahertz. electromagnetic radiation three kilohertz to 300 "Roof Mounted" means mounted above the eave line of a building or on any portion of the roof area. "Stealth Facility" means any communications facility which is disguised to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure. Also referred to as a concealed antenna. "Wireless Communication Facility" means any public or private structure that supports antennae, microwave dishes, and other related equipment that send and/or receives radiofrequency signals. Section 7: That the Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 41-198.2, which said section reads as follows: Sec. 41-198.2. Applicability. so Ail wireless communication facilities for which applications were approved and/or building permits issued by the Planning and Building Agency on or prior to the adoption date of this ordinance are subject to the provisions of the nonconforming buildings and uses section of Chapter 41 (Section 41-679 to 41-689). Ail wireless communication facilities for which building permits have expired, and have not been renewed on or prior to the adoption date of this ordinance, shall be required to comply with the regulations and guidelines contained herein. Section 8: That the Santa /Ina Municipal Code is hereby amended by adding a section, to be numbered 41-198.3, which said section reads as follows: Sec. 41-198.3. Permits required. MINOR WIRELESS FACILITIES: A land use certificate is required for each installation. MAJOR WIRELESS FACILITIES: A conditional use permit is required for each installation. MULTIPLE WIRELESS COMMI/NICATION FACILITIES: A multiple wireless communication facility program shall be adopted for multiple installations of minor wireless communication i54 ' facilities on a single structure or building. The minor wireless communication facility program shall be reviewed or specified for minor wireless facilities. Each individual installation of a minor wireless facility pursuant to a minor wireless communication facility program requires approval of an installation permit pursuant to the procedures for a land use certificate. (a) No permit shall be issued for multiple installations of any wireless communication facility, except pursuant to an approved multiple wireless communication facility program in accordance with this article. (b) A wireless communication facility program for existing multiple installations of minor wireless communication facilities that do not have an approved program shall be adopted prior to the issuance of any additional wireless communication permits for multiple installations. Said program shall follow the implied program or predominant pattern in use of the existing installations. Section 9: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-198.4, which said section reads as follows: Sec. 41-198.4. Improvement requirements. MAJOR WIRELESS FACILITIES: site improvements required for major wireless facilities include: Landscaping around the base of the facility, including vines, groundcover, and a 24 inch box tree; 2. Decorative fencing such as wrought iron or block around the wireless facility; A solid wall, with a minimum height of six feet, between a wireless facility and all property lines which abut property zoned or used for residential purposes; The following improvements may be required, as determined by the Planning Manager, or his or her designee: 4 o One parking space for the wireless facility use, if on-site parking is not available; 5 o Repairing, repaving and restriping of a parking lot which is in poor condition as identified by the Planning Division; 6. The repainting of building(s) on a site; and, 7. The construction of'a new trash enclosure. Section 10: That the Santa Ama Municipal Code is hereby amended by adding a section, to be numbered 41-198.5, which said section reads as follows: Sec. 41-198.5. Development criteria for wireless communication facilities. a. Screening Criteria and Guidelines 1) Major wireless communication facilities shall be a stealth facility as defined in Section 41-198.1. 2) Ail wireless communication facilities shall be located in areas that will minimize their aesthetic intrusion on the surrounding community. For building mounted facilities, all screening shall be compatible with the existing architecture, color, texture, and/or materials of the building. b. Site Selection Order of Preference 1) Wireless communication facilities shall be located in the following order of preference a) On existing structures such as buildings, communication towers, church steeples, and freestanding signs. b) In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. 2) As part of the application process for major wireless communication facilities, the applicant shall be required to provide written documentation demonstrating a good faith effort in locating facilities in accordance with the Site Selection Order of Preference. c. Other Criteria and Guidelines 1) Wireless communication facilities shall not bear any signs of advertising devices other than certification, warning, or other required seals or signage. 2) Ail accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located. Section 11: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-198.6, which said section reads as follows: Sec. 41-198.6. Locational criteria for all wireless communication facilities. No wireless established: communication facility shall be 1) Within any property zoned or used for residential purposes; or 2) On property that contains any legally-established residential use. Section 12: That the Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 41-198.7, which said section reads as follows: Sec. 41-198.7. Locational guidelines for all minor wireless communication facilities. so Minor wireless communication facilities may be established on property within the City of Santa Aha that is not zoned or used for residential uses. Section 13: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-198.8, which said section reads as follows: Sec. 41-198.8. Locational guidelines for all major wireless communication facilities. Providers requesting permission to establish major wireless communication facilities in the City of Santa Ana are strongly encouraged to find sites that are separated from residential areas to the greatest extent feasible. No major wireless communication facility should be established within 140 feet of: 1) Any residential zone or land use district; 157 2) Any legally-established residential use. Section 14: That the Santa Aha Municipal Code amended by adding a section, to be numbered 41-198.9, section reads as follows: is hereby which said Sec. 41-198.9. Height criteria for all major wireless communication facilities. No major wireless communication facility shall exceed 60 feet in height from ground level as measured from the nearest street curb. Section 15: That the amended by adding a section, section reads as follows: Santa Ana Municipal Code is hereby to be numbered 41-198.10, which said Sec. 41-198.10. Requirement for conditional use permit. Each major wireless communication facility established in the City of Santa Aha must first receive approval of a conditional use permit as established by Santa Ana Municipal Code Section 41- 198.3. Section 16: That the amended by adding a section, section reads as follows: Santa Ana Municipal Code is hereby to be numbered 41-198.11, which said Sec. 41-198.11. Requirement for design review. Development Review approval shall be required prior to the establishment of any major wireless communication facility in accordance with Santa Ana Municipal Code Section 41-668. Section 17: That the Santa amended by adding a section, to be section reads as follows: Aha Municipal Code is hereby numbered 41-198.12, which said Sec. 41-198.12. Private wireless communication facilities. Private wireless communication facilities shall be subject to the provisions of this Ordinance. Section 18: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-198.13, which said section reads as follows: Sec. 41-198.13. Conditional use permit expiration. Each major wireless communication facility approved pursuant to this Ordinance shall be approved for a period not to exceed five (5) years. Section 19: That the amended by adding a section, section reads as follows: Santa Aha Municipal Code is hereby to be numbered 41-198.14, which said Sec. 41-198.14. Abandonment. Lawfully erected wireless communication facilities that are abandoned shall be removed promptly from the premises, and no later than 90 days after the discontinuation of use. A wireless communication facility is considered abandoned if it no longer provides wireless communication service. Such removal shall be in accordance with proper health and safety requirements. A written notice of the determination of abandonment shall be sent or delivered to operator of the wireless communication facility. The operator shall have 90 days to remove the facility or provide the Planning Division with evidence that the use has not been discontinued. The Planning Commission shall review all evidence and shall determine whether or not the facility is abandoned. All facilities not removed within the required 90 day period shall be in violation of the Code and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this Ordinance. Section 20: That the amended by adding a section, section reads as follows: Santa Ana Municipal Code is hereby to be numbered 41-198.15, which said Sec. 41-198.15. Violations/penalties. Violations of the Ordinance shall constitute a misdemeanor punishable by fine or imprisonment or both. Each day the violation continues is punishable as a separate offense pursuant to Santa Aha Municipal Code Section 1-8. Sectio__n 21: That the Santa amended by adding a section, to be section reads as follows: Ana Municipal Code is hereby numbered 41-198.16, which said Sec. 41-198.16. Severability. Ail of the provisions of this ordinance shall be construed together in order to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. Section 22: 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 Aha 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. Section 23: 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 obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 6th ATTEST: ~l~e ir ~ eo ~ ' t hGeUYc-ou~c i ~/ day of j]]]y , 1998. COUNCILMEMBERS: Pulido Aye Richardson Absent Espinoza Aye Franklin Aye Lutz Aye McGuigan Aye Moreno Aye APp~ED ~ TO FORM: 16 0 Ordinance No. NS-2356 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C GUY, Clerk of the Council, do hereby certify the attached Ordinance No. A/$ a. ~, ~ to be the original ordinance adopted by the City Council of the City of Santa Ana ont/fft.~..~ t_ J ca t~ ; and that said ordinance was published in accordance with the Charter of the (~i~y of SS,{nta 'An~. ' Clerk of-the City of Santa Ana