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HomeMy WebLinkAbout1999-01-12 - ORDINANCES - INTERIM WIRELESS FACILITY REGS (2)ORDINANCE NO. 99-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING INTERIM REGULATIONS FOR WIRELESS COMMUNICATION FACILITIES IN THE CITY OF SANTA CLARITA FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS, AND DECLARING THE URGENCY THEREOF 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. On December 8, 1998, the City Council of the City of Santa Clarita adopted Ordinance No. 98-21, an Urgency Ordinance pursuant to Government Code Section 65858(a) setting forth interim regulations to manage the location and design of wireless radio communication antennas and related facilities. b. Government Code Section 65858(a) authorizes an interim ordinance adopted by four- fifths (415) vote for an effective initial period of 45 days. Section 65858(a) further allows an extension of the interim ordinance for a period of 10 months and 15 days following a noticed public hearing. C. On January 12, 1999, the City Council held a public hearing to consider the adoption of this ordinance extending the interim regulations for a period of 10 months and 15 days to prevent a threat to public safety or welfare in accordance with Government Code Section 65858. The City Council considered all of the written and oral testimony given at the public hearing. d. The City Council finds that at least ten (10) days prior to the adoption of this Ordinance in accordance with Government Code Section 65858(d), the City issued a written report detailing the measures taken to alleviate the conditions that led to the adoption of the interim urgency ordinance. e. Unless an extension to the interim regulations adopted by Ordinance No. 98-21 is adopted, the expiration of the regulations on January 22, 1999 will result in a threat to the safety and/or welfare of the citizens of Santa Clarita for the reasons set forth below. f. There has been an increase in the number of applications for, and inquiries regarding, proposed wireless communication facilities in the City of Santa, Clarita. During the effective application of the interim regulations, the City has been reviewing and proposing changes to the Unified Development Code that will address these types of facilities. g. 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 wireless communication facilities in the City generally and in specific sections of the City. h. Failure to extend the interim regulations for wireless communication facilities through the adoption of an urgency ordinance will result in a substantial number of these 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 requirements and restrictions imposed by this ordinance are necessary to protect the safety and/or welfare of the citizens of Santa Clarita and will serve to reduce the potential for negative impacts on the community. j. The City is currently drafting permanent regulations for wireless facilities. However, the development of a permanent ordinance will require further study and analysis. k. Unless an extension to the interim regulations adopted by the Ordinance No. 98-21 is adopted, the expiration of the regulations will result in a current and immediate threat to the public welfare. Therefore, the City Council finds and declares that this Urgency Ordinance is required for the immediate preservation of the public peace, safety, and welfare of the citizens of Santa Clarita. SECTION 2. As an extension of Ordinance No. 98-21, the following provisions are hereby adopted as interim requirements and guidelines for wireless communication facilities, as defined herein. Following the effective date of this Ordinance, no person shall erect, locate, or modify a wireless communication facility unless the facility complies with the procedures set forth herein and an appropriate application is submitted for approval in compliance therewith. INTERIM WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES a. PURPOSE. The purpose of these interim regulations and guidelines is to regulate the establishment of Wireless Communication Facilities until such time as the City of Santa Clarita adopts a permanent ordinance designed to protect the public health, safety, the 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 Wireless Communication Facilities are necessary to attain such purpose. These regulations are intended to supersede applicable provisions of the Santa Clarita Unified Development Code pertaining to antenna structures and appurtenant communication equipment and to establish minimum requirements and flexible guidelines for the governance of Wireless Communication Facilities, taking into account the rapid technological advances, the unique land use distribution and topography of the City, and the proliferation in use of radio communications services.. 2 b. DEFINITIONS. Unless otherwise stated, the following definitions pertain to this interim 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. "Collocation" or "Collocated" means the location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure, wall or building. "Ground Mounted" means mounted to a pole, lattice tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. "Mounted" means any manner of attachment, support, or connection. "Radio Communication" means the transmission and/or reception of impulses, writing, signs, signals, pictures, and sounds of all kinds through space by means of electromagnetic waves. "Roof Mounted" means mounted above the eave line of a building. "Stealth Facilit means any wireless communication facility which is disguised to appear as another natural or artificial object that is prevalent in the surrounding G environment or which is architecturally integrated into a building or other concealing structures. "Wall Mounted" means mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an .antenna such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point on the surface on which it is mounted. "Wireless Communication Facility" or "Facility" means an antenna structure for which a building permit or electrical permit is required by the 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 prior to the effective date of this Ordinance shall be exempt from the regulations and guidelines contained herein. (2) All facilities for which building permits were issued by the Planning and r" Building Services Department prior to the effective date of this Ordinance { shall be exempt from the regulations and guidelines contained herein, unless and until such time as subparagraph c.(3) of this Section applies. 3 (3) All facilities for which building permits and any extension thereof have expired shall comply with the provisions 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 (78.74 inches) 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 Unified 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 than certification, warning, or other required seals or required signage. 4 (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 standards 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 material(s) 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. (6) Lattice towers shall be prohibited at all locations 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 any way impairs the utility or intended function of such area. (9) Measures 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 finds 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. £ SCREENING AND SITE 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 industriallbusiness 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 0 material and in a 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 (UDC). h. RESERVATION OF RIGHT TO REVIEW PERMITS. (1) Changed 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, its 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 approvalthereof. (3) Modification of Permit/Collocation, Upon review pursuant to this Section, any changed circumstances as determined by the Director or designee shall require the application and approval of a modification to the original site development 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 Vl 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 will all applicable City Ordinances then in effect as well as any additional conditions imposed. The Director of Planning and Building Services or Planning Commission may impose the modification of existing conditions as part of this review to protect the public health, safety, and general welfare, which conditions are subject to appeal to the City Council. Upon the review herein provided, any permit granted pursuant to this Ordinance my 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 3. In accordance with Government Code Section 65858, as an urgency interim ordinance, this Ordinance requires a four-fifths (415) vote of the entire City Council or a unanimous vote if all City Council members are not present. SECTION 4. This Ordinance shall be introduced, passed, and adopted at one and the same meeting as an urgency measure. As an extension of the interim regulations imposed by Ordinance No. 98-21, this Ordinance shall become effective upon the expiration of Ordinance No. 98-21 on January 22, 1999, and shall continue in full force and effect unless amended or repealed for a period of 10 months and 15 days until December 7, 1999. The reasons for this urgency are declared and set forth in Section 1 of this Ordinance. SECTION 5. 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, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. 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. P, PASSED AND APPROVED this 12' day of January, 1999. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk, of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 99-3 was duly adopted and passed at a regular meeting of the City Council on the 12' day of January, 1999, by the following roll -call vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Weste, Klajic, Neidt, Ferry, Darcy None None None E Sharon L. Dawson, CITY CLERK