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HomeMy WebLinkAbout1998-12-08 - ORDINANCES - INTERIM WIRELESS FACILITY REGS (2)ORDINANCE NO.98-21 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, ADOPTING INTERIM REGULATIONS FOR WIRELESS COMMUNICATIONS FACILITIES IN THE CITY OF SANTA CLARITA THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. California State Law, Government Code Section 65858, authorizes an interim ordinance by urgency measure to protect against a current and immediate threat to the public safety or welfare. b. Changes in wireless telecommunications technology, additional licenses granted by the Federal Communications Commission, and the increased demand for wireless communication services have led to a significant increase in the demand for wireless communication facilities within the City of Santa Clarita. C. There has been an increase in the number of applications for, and inquiries regarding, proposed public wireless communication facilities in the City of Santa Clarita. The City is currently reviewing and proposing changes to the Unified Development Code that will address these types of facilities. d. Wireless Communication Facilities have a potentially significant impact on the public safety, community aesthetics, quality of life, and the general welfare of the citizens of Santa Clarita. Currently, the potential exists for permitting an over -concentration of public wireless communication facilities in the City generally and in specific sections of the City. e. Failure to immediately implement public wireless communications regulations through the adoption of an urgency ordinance will result in the substantial number of wireless communication facilities being installed without regulations needed to protect the public safety or welfare and to provide for consistency in decision-making among applications before the City. The adoption of regulations and guidelines for the establishment of public wireless communication facilities will serve to reduce the potential for negative impacts on the community. g. The development of a permanent ordinance will require further study and analysis. The City Council has the authority to adopt an urgency interim ordinance pursuant to Government Code Section 65858 to protect the public health, safety, or welfare while the permanent ordinance is being developed. h. There is a current and immediate threat to the public welfare due to the proliferation, concentration, and lack of operational control over public wireless communication facilities. Therefore, the City Council finds and declares that this Urgency Ordinance is required for the immediate preservation of the public peace, safety, or welfare of the citizens of Santa Clarita. SECTION 2. The following provisions are hereby adopted as interim regulation and guidelines for public wireless communication facilities: INTERIM PUBLIC WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES a. PURPOSE. The purpose of these interim regulations and guidelines is to regulate the establishment of public wireless communication facilities until such time as the City of Santa Clarita adopts a permanent ordinance designed to protect the public health, safety, general welfare, and quality of life in Santa Clarita in the interim. The Santa Clarita City Council has found and determined that these interim regulations and guidelines for public wireless communication facilities are necessary to attain these goals. These regulations are intended to supersede applicable provisions of the Santa Clarita Unified Development Code pertaining to communications facilities, which recognize the unique land use distribution and topography of the City of Santa Clarita. b. DEFINITIONS. Unless otherwise stated, the following definitions pertain to this interim zoning ordinance. "Antenna Structure" means an antenna, any structure designed specifically to support an antenna, and/or any appurtenances mounted on such structure or antenna, designed for use in Radio Communication. "Building -Mounted" means mounted to the side of a building, to the fagade of a building, or to the side of another structure such a water tank, church steeple, freestanding sign, or similar structure, but not to include the roof of any structure. "Collocation or Collocated" means the location of multiple anntennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure. "Ground -mounted" means mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting such antenna. "Monopole" means a structure composed of a single spire used to support antennae or related equipment. "Mounted" means any manner of attachment, support, or connection. "Roof -mounted" means mounted above the save line of a building. "Stealth Facility" means any Wireless Communication Facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or disguised to appear as another natural object that is prevalent in the surrounding environment. "Wireless Communication Facility" or "Facilites means an Antenna Structure for which a building permit or electrical permit is required by the City of Santa Clarita Municipal Code and any facilities or equipment appurtenant thereto. C. APPLICABILITY (1) All Facilities for which applications were determined complete by the Planning and Building Services Department on or prior to the effective date of this ordinance shall be exempt from the interim regulations and guidelines contained herein. (2) All Facilities for which building permits were issued by the Planning and Building Services Department prior to the effective date of this Ordinance, shall be exempt from the interim regulations and guidelines contained herein, unless and until such time as Subparagraph c.(3) of this Section applies (3) All Facilities for which building permits and any extension thereof have expired shall comply the provision of this Ordinance (4) Notwithstanding the other provisions of this Section, the following uses shall be exempt from the provisions of this Ordinance until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption: A. Any Antenna Structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct -to -home satellite service, as defined by section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission; and, B. Any Antenna Structure that is two meters (78.74inches) or less in diameter, is designed to transmit or receive Radio Communication by satellite antenna, and is located in commercial or industrial zones within the City; and, C. Any Antenna Structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, as defined by Section 207 of the Telecommunications Act of 1996 and Section 1.4000 of Title 47 of the Code of Federal Regulations, provided that no part of the Antenna Structure extends more than twelve feet (12') above the principal building on the same lot. (5) The following uses shall be exempt from the provisions of this Ordinance at all times: A. Any Antenna Structure that is designed to receive over -the -air UHF and/or VHF television broadcast transmission. B. Any Antenna Structure that is designed to receive over -the -air AM and/or FM radio broadcast transmission. d. REQUIREMENT FOR USE PERMIT. Each Wireless Communication Facility erected, located, or otherwise established in the City of Santa Clarita during the term of this Interim Ordinance must first receive Planning Commission approval of a Conditional Use Permit in accordance with the Santa Clarita Development Code. e. DEVELOPMENT REQUIREMENTS. The Facility shall comply with each of the following requirements: (1) The Facility shall not bear any signs or advertising devices other that certification, warning, or other required seals or required signage. (2) Any and all accessory equipment, or other equipment associated with the operation of the Facility, including but not limited to transmission cables, shall be located within a building, enclosure, or underground vault in a manner that complies with the development standard of the zoning district in which such equipment is located. If equipment is located above ground, it shall be visually compatible with the surrounding buildings and either shrouded by sufficient landscaping to screen the equipment from view, or designed to match the architecture of adjacent buildings. (3) The Facility exterior shall be comprised of non -reflective materials and painted or camouflaged to blend with surrounding materials and colors. (4) Any and all screening used in connection with a Wall Mounted and/or Roof Mounted Facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is Mounted. (5) A Ground Mounted Facility shall not be located within two hundred (200) feet of any property containing a residential structure. 4 (6) Lattice Towers shall be prohibited at all location in the City of Santa Clarita. (7) A Ground Mounted Facility shall be secured from access by the general public with a fence of a type and design approved by the Planning Commission. (8) A Ground Mounted Facility shall not be located in a required parking area , vehicle maneuvering area, or vehicle pedestrian circulation area in such a manner that it interferes with, or in anyway impairs, the utility or intended function of such area. (9) Measured from the ground to the tallest portion of the Facility, no Ground Mounted Facility may exceed the maximum building height for the applicable zoning district unless the Planning Commission fords the following: A. The Planning Commission has reviewed alternative options provided by the applicant and Staff, including but not limited to additional and/or different locations and designs, and has determined that the application as approved has a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; and, B. Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of Facilities or for the efficient operation of the proposed Facility. f. SCREENING AND SELECTION GUIDELINES The following shall be considered within the discretion of the Planning Commission in connection with its processing of any Facility permit: (1) Stealth facilities are preferred. (2) The proposed Facility should blend into the surrounding environment or be architecturally integrated into a concealing structure, taking into consideration alternate sites that are available. (3) The proposed facility should be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures. (4) The City should consider the total size of the proposed Facility, particularly in relation to surrounding and supporting structures. (5) The City should consider the location of the proposed facility and the extent to which it conforms to the following in order of preference (item "A" being the most preferred): A. Collocated with an existing Facility. B. Attached to an existing structure such as an existing building, communication tower, church steeple or utility pole or tower. C. Located in an industrial/business park zoning district. D. Located in a commercial zoning district. (6) A Ground Mounted Facility should be located in close proximity to existing above ground utilities, such as electrical tower or utility poles (not scheduled for removal or undergrounding in the next eighteen (18) months), light poles, trees of comparable height, water tanks and other areas where the Facility will not detract from the image or appearance of the City. (7) A Roof Mounted Facility that extends above the existing parapet of the building on which it is Mounted should be screened by a material and in manner that is compatible with the existing design and architecture of the building. (8) A Roof Mounted Facility, and any guy wires, supporting structures and accessory equipment should be located and designed so as to minimize the visual impact as viewed from surrounding properties and public streets. g. VARIANCE. An application for variance to the requirements set forth herein may be granted in accordance with the Santa Clarita Unified Development Code. (1) Chaneed Circumstance. Any Conditional Use Permit granted or approved pursuant to this Ordinance shall be granted or approved by the Planning Commission, or the City Council on appeal, with the reservation of the right and jurisdiction to review and modify the permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to, the following in relation to the approved facility as described and diagramed in the related Site Plan: increased height or size of the facility; additional impairment of the viewshed from surrounding properties; change in the type of antenna or supporting structure; changed color or materials' substantial change in location on the site' and an effective increase in signal output above or near the Maximum Permissible Exposure (MPE) limits imposed by the Revised Radio frequency Emissions Guidelines by the Federal Communications Commission. (2) Additional Right to Revoke for Violation. The reservation of right to review any permit granted or approved hereunder by the City's Planning Commission and/or City Council is in addition to, and not in lieu of, the right of the City, its Planning Commission and/or City Council to review and revoke or modify any permit granted or approved hereunder for any violations of the conditions imposed on such permit or any fraudulent or false information submitted to the City in connection with the application or the approval thereof. (3) Modification of Permit/Collocation. Upon review pursuant to this Section, any changed circumstance as determined by the Director or designee shall require the application and approval of a modification to the original Minor Use Permit or Conditional Use Permit, except that any modification to accommodate Collocated facilities may be approved administratively without the approval of the Planning Commission. (4) Five Year Review. Each Wireless Communication Facility approved during the term of this Interim Ordinance shall be reviewed by the Director of Planning and Building Services the end of five (5) years from the date of permit approval. Because of the interim nature of this Ordinance, the City of Santa Clarita considers any permit granted subject to the Ordinance to be a short-term entitlement. Upon review, all permits granted pursuant to this Ordinance shall comply with all applicable City Ordinances then in effect as well as any additional conditions imposed. The Director or Planning Commissioner may impose the modification of existing conditions or the imposition of new conditions as part of this review to protect the public health, safety and welfare, which conditions are subject to appeal to the City Council. Upon the review herein provided, any permit granted pursuant to this Ordinance may be canceled or terminated for violations of any provisions of this Ordinance or any other applicable laws, or for fraud or misrepresentation in the application process. i. VIOLATIONS/PENALTIES. Violations of this Chapter shall be unlawful and shall constitute a misdemeanor punishable by fine or imprisonment or both pursuant to Section 17.01.080 of the City of Santa Clarita Municipal Code. Each day the violation continues is punishable as a separate offense. SECTION 4. In accordance with Government Code Section 65858, as an urgency interim ordinance, this Ordinance requires a four-fifths (4t5)vote of the entire City Council or a unanimous vote if all City Council Members are not present. 7 SECTION 5. This Ordinance shall be introduced, passed, and adopted at one and the same rmeeting as an urgency measure. As an urgency measure, this ordinance shall become f effective immediately and shall continue in full force and effect for a period of forty-five (45) 111 days until Friday, January 22, 1999, unless amended, repealed or extended. The reasons for this urgency are declared and set forth in Section 1 of this Ordinance. SECTION 6. If any section, subsection, subdivision, 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 hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivisions, sentences, clauses, phrases, or portions thereof be declared in valid or unconstitutional. SECTION 7. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. AND APPROVED•• ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, Sharon L. Dawson, City Clerk, of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 98-21 was duly adopted and passed at a regular meeting of the City Council on the Rth day of -_December_, 1998, by the following roll -call vote, to wit: AYES: COUNCIL MEMBERS: Weste, Klaj ic, Heidt, Ferry, Marcy NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: S:\pbs\current\ord9821 None None None Sharon L. Dawson, CITY CLERK