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HomeMy WebLinkAbout1999-10-26 - ORDINANCES - WIRELESS FACILITY REGS (2)ORDINANCE NO. 99-6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA PROVIDING REGULATIONS FOR WIRELESS COMMUNICATIONS FACILITIES ADDING SECTION 17.17.040.M, "WIRELESS COMMUNICATIONS FACILITIES," TO THE SANTA CLARITA UNIFIED DEVELOPMENT CODE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: WHEREAS, it is the purpose and intent of this Ordinance to provide for the reasonable and uniform regulation of wireless communication facilities in the City of Santa Clarita. It is recognized that wireless communications facilities have a potential to have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located. It is therefore the control of wireless communications facilities which will protect the public health, safety, and welfare, preserve locally recognized aesthetic values of the community, minimize the potential for nuisances related to the operation of wireless communications facilities, and maintain property values; and WHEREAS, based upon the testimony and other evidence, if any, received, at the public hearing, and upon studies and investigations made by the Planning Commission and the City Council on their behalf, the City Council further finds and determines that this Ordinance is consistent with the General Plan and complies with all other applicable requirements of State Law and local ordinance. The City Council finds that this ordinance will serve to implement the goals and policies of the City of Santa Clarita General Plan. Specifically, the General Plan seeks to ensure that new development is sensitive to surrounding residential uses and that development occurs in a way that supports a well-balanced, functional mix of uses. The Wireless Communications Ordinance accomplishes these objectives through the inclusion of height and landscaping requirements for wireless communications facilities. The Wireless Communication Ordinance contains guidelines for location and landscaping in order to preserve the quality of residential neighborhoods. WHEREAS, the Planning Commission and City Council, in recommending the adoption of and adopting the Negative Declaration of Environmental Impact under the provisions of the California Environmental Quality Act, specifically finds that the adoption of this Ordinance will have a deminimis impact on fish and wildlife resources. The Planning Commission and City Council specifically find that in considering the record as a whole, the project and including the adoption of this Ordinance involves no potential adverse effect, either individually or cumulatively, on wildlife as the same is defined in Section 711.2 of the Fish and Game Code. This is based on the fact that this Ordinance adds additional regulations on the development of wireless communications facilities designed to reduce the secondary effects of such businesses on the community and the environment. Furthermore, the Planning Commission and City Council find that an initial study has been prepared by the City staff, considered by the Planning Commission, and the 1 City Council, which has been the basis to evaluate the potential for adverse impacts on the environment and forms the basis for the Planning Commission's and the City Council's determination, including the information contained in the public hearing records, on which a Negative Declaration of Environmental Impact was issued and this deminimis finding is made. In addition, the Planning Commission and City Council find that there is no evidence before the City that the proposed project, i.e., this Ordinance, will have any potential for an adverse effect on wildlife resources, or the habitat on which the wildlife depends. NOW, THEREFORE, the City Council of the City of Santa Clarita does ordain as follows: SECTION 1. Chapter 17.13.030 (Public and Semi -Public Uses) of the Santa Clarita Unified Development Code is hereby amended to read as follows: A RE RVL RL RS RM RH CTC CC CN CO VSR BP IC I c. Wireless Communication facilities (35' in height and taller) CC C C C C C C C C C C CCC d. Wireless Communication facilities (less than 35' in height) CC C CC C C M M M M M M M M SECTION 2. (Definitions) Chapter 17.07.020 of the Santa Clarita Unified Development Code is hereby amended to add the following definitions Antenna typically means a metallic device used in communications which transmits or receives radio signals. Antenna Equipment means a cabinet, room, or similar structure which houses the electronic facilities used to operate an antenna. Antenna Height the vertical distance from the existing or proposed grade, whichever is lower to the top of the antenna or its support. Building -Mounted means mounted to the side of a building, to the facade 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. Co -location means the locating of wireless communications equipment from more than one provider on a single building -mounted, roof -mounted or ground mounted wireless communication facility. Ground -mounted means mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting such antenna. These antennae do not use a building or ancillary structures for mounting purposes. Monopole means a structure composed of a single spire used to support antennae or related equipment. 2 Mounted means attached or supported. Roof -mounted means mounted above the eave line of a building. Stealth Facilitv means any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure. Also referred to as concealed antenna. Wireless Communication Facilitv means a broad range of structures, equipment and appurtenances that support antennae, microwave dishes and other related equipment used to facilitate sending and/or receiving radio frequency signals. These facilities include, but are not limited to, the combination of transmitters, antennae, monopoles (including roof - mounted antennas), towers, masts, cabinets, and equipment rooms. SECTION 3. Chapter 17.17.040 (Specific Development Requirements) of the Santa Clarita Unified Development Code is hereby amended to add Section M to read as follows: M. WIRELESS COMMUNICATIONS FACILITIES 1. Purpose. It is the purpose and intent of this Section to regulate wireless communication facilities in order to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to properly review and construct public wireless communications facilities in the City, thereby reducing or eliminating any adverse effects from such facilities. The provisions of the Section have neither the purpose nor effect of imposing a limitation or restriction on the activity nor the operation of such facilities. 2. Applicability. a. 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: 1. 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, 2. Any antenna structure that is two meters (78.74 inches) or less in diameter, is designed to transmit or receive radio 3 communication by satellite antenna, and is located in commercial or industrial zones within the City; and, 3. 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 1.400 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. b. The following uses shall be exempt from the provisions of this Ordinance at all times: 1. Any antenna structure that is designed to receive over -the -air UHF and/or VHF television broadcast transmission. 2. Any antenna structure that is designed to receive over -the -air AM and/or FM radio broadcast transmission. 3. Any Antenna Structure that is used by authorized amateur radio stations licensed by the Federal Communications Commission. 3. Development Standards. All wireless communication facilities which are installed, erected, or modified following the effective date of this section, (besides those exempted in the above paragraph) shall conform to the following requirements: a. All facilities shall be screened from public view by landscaping to the extent possible. b. Public wireless communications facilities shall be located where the existing topography, vegetation, building, or other structures provide the greatest amount of screening. C. All building and roof -mounted wireless telecommunications facilities and antennae shall be designed to appear as an integral part of the structure and located to minimize visual impacts. d. All antennae and support structures shall be painted and/or textured to achieve architectural compatibility with the structures for which they are attached and/or located. If ground -mounted, the antenna and support structure shall be 4 painted, textured, landscaped or otherwise camouflaged as much as possible to integrate the structure into the environment. e. As part of the application process, applicants for public wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort to locate facilities in accordance with the Development Guidelines (paragraph "q" of this Section). f. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage. g. All accessory equipment associated with the operation of the public 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. If the equipment is to be .located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. h. Wireless communication facilities shall have subdued colors and non -reflective materials which blend with surrounding materials and colors. i. All screening for building -mounted facilities shall be compatible with the existing architecture, color, texture and/or materials of the building. j. All electrical support equipment located within cabinets, shelters, or similar structures shall be screened from public view with lattice, vegetation, grading or other appropriate screening. Roof -mounted electrical support equipment shall be concealed. k. No permittee shall unreasonably restrict access to an existing antenna location if required to co -locate by the City, and if feasible to do so. 1. Antennae shall be located on existing utility poles provided the antennae not exceed the height of the utility pole. in. All antennae shall be designed to prevent unauthorized climbing. 5 n. The placement of new antennae and facilities shall not be physically obstructive or visually intrusive. o. All ground mounted facilities shall be designed to be consistent with the design, color and environmental aesthetics in the area where they are located to mitigate visual impacts. P. All antennae shall meet the minimum siting distances to habitable structures required for compliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency emissions. q. Public wireless communication facilities should conform to the following development guidelines unless the City determines, in it's discretion, that sufficient justification exists to the contrary: 1. Co -located with other public wireless communication facilities. 2. On existing structures such as buildings, communication towers, church steeples, and utility facilities. 3. Stealth facilities and concealed antennas are encouraged. 4. In industrial/business park zoning districts. 5. In commercial zoning districts. 6. No antenna or facility should be located within five hundred (500) feet from a lot containing a residential structure or a lot zoned for residential use. 7. Ground -mounted facilities should be located only in close proximity to existing above ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding in the next eighteen (18) months), light poles, trees of comparable heights, water tanks and in areas where they will not detract from the image of the City. 8. Major public wireless communication facilities are encouraged to locate beyond five hundred (500) feet of any existing, legally established major public or private wireless 6 communication facility except when co -located on the same building or structure. 4. Abandonment. Lawfully erected public wireless communication facilities that are no longer being used shall be removed from the premises no later than ninety (90) days after the discontinuation of use. A public 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. 1. A written notice of the determination of abandonment shall be sent or delivered to the operator of the public wireless communication facility. The operator shall have thirty (30) days, from the date of the notice, to remove the facility or provide the Director of Planning and Building Services with evidence that the use has not been discontinued. 2. All facilities determined to be abandoned and not removed within the required thirty (30) day period from the date of notice shall be in violation of the City of Santa Clarita's Unified Development 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 the City of Santa Clarita's Unified Development Code. SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reasons 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. W PASSED AND APPROVED this 22nd day of June 119-99 41/ M or ATTEST: r 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. 99-6 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 22� day of Janne , 19gg That thereafter, said Ordinance was duly passed and adopted at regular meeting of the City Council on the22nd—day of jlino 19ggby the following vote, to wit: AYES: COUNCILMEMBERS: weste, Klajic, Heidt, Ferry, Darcy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None , , �l ��/-d/�� a t d, CITY CLERK 0