HomeMy WebLinkAboutOrdinances_2433_CCv0001.pdf ORDINANCE C:E NO. 2433`
AN ORDINANCE OFTHE CITY OF INET LAN S ADD INT G CHAPTER 18.178 TO THE
ET LANDS MUNICIPAL CODE TO ESTABLISH ZONING STANDARDS FOR WIRELESS
SERVICE FACILITIES,ANTENNAS AND TOWERS AND AMENDING CHAPTER 18.152 OF
THE REDL:AI' DS MUNICIPAL COLE
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 18,178 establishing zoning standards for wireless service facilities,
antennas and towers is hereby added 10 the Redlands Municipal Code to read as Bellows:
"Chapter 18.178
WIRELESS SERVICE FACILITIES
Sections:
18.178.010 Purpose.
18.178.020 Authority,
18.178,030 Definitions-
18.178.040 Applicability.
18.178.050 General Guidelines and Requirements.
18.178.060 Maintenance of Facilities.
18,178.070 Requirements of Outside Agencies..
18.178.080 Administrative Approval..
18.178.090 Conditional Use Permits.
18,178.100 Minimum Operating Standards.
18.178.010 Pujrr case. The purpose of this Chapter is to establish uniform standards for the
design placementand permitting ofwireless telecommunicationfacilitiesconsistent with applicable
federal requirements. The standards are intended to minimize the adverse visual impacts and
operational effects of these facilities though appropriate design, siting and screening techniques
wile providing for the communication needs of residents,local business and overmnent agencies.
18,178.020 Authority. Wireless telecommunication facilities are regulated at the federal;
state and local level. The 1996 Telecommunications Act contains provisions concerning the
placement of antenna structures and other facilities for use in providing wireless services, and
preserv=ing the right of local agencies to regulate these facilities based on aesthetics,visual impacts
and land use impacts.
18.178.030 Definitions, As used in this Chapter. the following teems shall have the
meanings indicated:
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A. "Multiple Use Facilities" shall mean wireless COMM Unication facilities that are shared
with other existing or newly constructed uses.
B. "i"ten na" shall mean any exterior apparatus designed for telephonic,radio or television
communications throu(-Yh the sending or receiving of electromagnetic waves. This definition
excludes television receive only antennas and dishes as defined in Title 18,Sections 18.140,420 and
18.176.010-100, of this Code.
C. "FAA" shall mean the. Federal Aviation Administration.
D. "FCC" shall mean the Federal Communications Commission.
E. "Height" shall mean the distance measured from ground level to the highest point on the
tower or other structure, even if the highest point is an antenna.
F. "Tower" shall mean any structure that is designed and constructed primarily for the
purpose of supporting one or more antennas,including self-supporting lattice towers,guy towers;and
monopole towers, common-carrier towers, and cellular telephone towers,
G. "Stealth Treatment" shall mean to conceal, screen or camouflage a tower, antenna or
support structure from public view.
H. "Support Facilities`"shall mean equipment rooms,cabinets and cellular switching devices.
1. "Service Provider" shall mean the applicant for a permit for a wireless service facility,
tower or antenna who is licensed by the FCC and provides services for the wireless service facilit�°,
tower or antenna to its customers.
18,178.040 Applicability,
A. Permitted Uses. This Chapter shall govern the location of wireless service facilities,
towers and antennas.
B. Amateur Radio, Deceive-Only Antennas. This Chapter shall not govern any tower or
antenna that is less than seventy (70) feet in height, is owned and operated by a federal]y-lice sed
amateur radio station operator, or is used exclusively as a receive-only antenna.
C. Pre-Existing Towers or Antennas. Any tower or antenna for which a permit has been
properly issued prior to the effective date of the ordinance establishing this Chapter shall not be
required to meet the requirements of this Chapter, other than the requirements of Section
18.178.070A. Any such tower or antenna is referred to in this Chapter as a "pre-existing tower" or
"pre-existing antenna." Any modification of. or addition to, a pre-existing tower or antenna shall
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require compliance with this Chapter.
D. Permit Reouir mens. It is unlawful for any person to erect,construct,reconstruct,install.
place. build:, fasten, alter or relocate-a tower or antenna as defined in this Chapter without first
obtaining all required permits and roaring payment of fees established by resolution of the Cite.
Permits include building or electrical permits.
18.1 8.050 General Guidelines and Re uirements.
A. Gals. The goals of this Chapter are to: (i) encourage the location of towers in non-
residential areas and minimize the number of towers throughout the City, (ii) encourage the co-
location
oftowers and antennas at new and existing tower sites (iii)encourage users oftowers and
antennas to locate them in areas where the adverse impact on the community is minimal; (iv)
encourage users of towers and antennas to configure them in a way, that minimizes their adverse
visual impact by utilizing multiple use facilities and stealth treatment to camouflage and conceal
multiple use facilities, and (v)enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and efficiently.
B. principal orAccessoUL,Use.. Antennas and towers are considered either principal or
accessory uses. A different existing use or an existing structure on a property shall not preclude the
installation of an antenna or tower on such property. A tower or antenna shall comply with all
applicable zoning standards except for height restrictions. Towers and antennas that are constructed
in accordance with the provisions of this Chaptershall not be deemed to constitute the expansion
of a nonconforming use or structure..,
C. Inventory;of hxistin Sites. Each applicant for an antenna or tower shall provide
to the Community Development Department an inventory of its existing and any planned towers that
are within the City and within one-quarter mile of the border thereof,including specific information
about the (proposed) location, height'and design of each tower. The Community Development
Department may share such information with other applicants applying for an antenna or to verunder
this Chapter for the purpose of encouraging co-location; provided, however, that the Community
Development Department is not.by sharing such information,in any way representing or warranting
that such sites are available or suitable:
D. Aesthetic Requirements, Tris Section shall govern the location of all towers and
antennas.
1 Towers and antennas shall be constructed using stealth treatment
At a tower site, the design of the buildings and related structures shall, to the
extent possible, use materials, colors, textures, screening and landscaping that
will blend the tower facilities to the natural setting and built environment, and
may include wooden fences, landscaping and trellis and similar treatment. All
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on site utility lines related to a tower or antetma shall be placed underground.
3. If an antenna is installed on a structure other than a tower, the antemia shall be
constructed using stealth treatment and the supporting electrical and mechanical
equipment shall be completely screened or be of a neutral color that is identical
to, or closely compatible with, the color of the supporting structure so as to
make the antenna and related equipment as visually unobtrusive as possible.
4. Towers shall not be artificially lighted, unless required by law. If site lighting
is required, the Planning Commission may review the available lighting
alternatives and approve a design that would cause the least disturbance to the
surrounding views.
E. Support Equipment Underground vaults may be required for support equipment in
order to mitigate physical, aesthetic or safety siting issues. Above ground support equipment in
residential areas shall be discouraged. While discouraged,support radio equipment may be allowed
in the right-of-way in the discretion of the Community Development Director and subject to the
issuance of an encroachment permit by the Public Works Department.
18.178. (y Maintenance of Facilities
A. The facility operator and property owner shall be responsible for maintenance of the
wireless service facility which includes, but is not limited to, regular cleaning of the facility and
keeping the facility painted. Failure to respond to a written request from the City to perform
maintenance work may constitute grounds for revocation of the tower/antenna permit.
B. All facilities shall be constructed in compliance with all applicable building,electrical
and other codes in effect at the time of construction, with particular respect to wind and seismic
loads.
18.1 8,070 Requirements ofOutsideAgencies
A. Federal and State Requirements. All towers shall comply with standards and
regulations of the FAA,the FCC, the California Public Utilities Commission and any other agency
of the federal or state government with the authority to regulate towers and antennas. If such
standards and regulations are changed, owners of towers and antennas governed by this Chapter
shall bring such towers and antennas into compliance with such revised standards and regulations
in compliance with the schedule mandated by the controlling federal or state agency. Failure to bring
towers and antennas into compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
B. Redlands Municipal Airport,.Influence Area. When located within the Redlands
Municipal Airport Influence Area, as defined by the Redlands Municipal Airport Land Use
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Compatibility Plan', the application shall be reviewed by the Planning Commission as part of the
conditional use permit process, and must be found consistent with the Redlands Airport Land Use
Compatibility Plan for a conditional use permit to be issued.
18.178.080. Administrative Approval.
A. Administratively Approved lases.
The following uses may be approved or conditionally approved by the Communit:y
Development Director after conducting an administrative review:
I. Installation of an antenna on an existing structure other than a tower(such as a
building, sign, light pole, water tower or other free standing nonresidential
structure)which does not add height to the existing structure and utilizes stealth
treatment;
2. Installation of an antenna on an existing tower of any height, including support
facilities, in commercial and industrial zones provided the antenna does not
increase the height of the tower.
3. Installation of an antenna with bases of attachment on a building in a non-
residential zone which is located within the middle one-third of the roof of the
building, and completely screened from the view of adjoining properties and
public night-of-way,
& Applications for administrative approval shall be made to the Community
Development Director, and shall contain the information set forth in Sections 18.178. 090B of this
Chapter.
I The Comrnumt�y Development Director shall respond to each such application
within thirty (30) business days, after determining that the application is
complete, by either approving or denying the application. If the Community
Development Department fails to respond to the applicant within said thirty(30)
business days, then the application shall be deemed to be approved.
C. DesiLm Standards for Administrative AM,roval Uses.
The following design standards shall apply to administratively approved uses-
I No portion of any wireless service facility shall extend beyond the property
lines, or into any front yard of any lot or side yard on the street side of a comer
lot,
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2. Guy wires shall not be anchored within any front yard of any lot or within any
side yard on the street side of a comer lot.
1&178.090. Conditional Use Permits.
A. General.
The following provisions shall govern the issuance of conditional use permits:
I If the tower or antenna cannot be approved administratively pursuant to Section
18.178.080 of this Chapter, a conditional use permit shall be required pursuant
to Section 18.192 of this Chapter for the construction of the tower or the
placement of the antenna.
1 All information of an engineering nature that the applicant submits, 'whether
civil, mechanical or electrical shall be certified by a license professional
engineer.
B. Information Required.
In addition to the information requested under Section 18.192, an applicant requesting a
conditional use permit pursuant to this Chapter shall submit (1) scaled site plan and a scaled
elevation view and other supporting drawings, calculations, and other documentation, signed and
sealed by appropriate licensed professionals, showing the location and dimensions of all
improvements,including information concerning topography,radio frequency coverage,tower height
requirements,setbacks,vehicular circulation areas,parking,fencing,landscaping,adjacent uses,
identify all towers and/or antennas within 1,000 feet of proposed tower/antenna,(3)an inventory
of existing sites pursuant to Section 18.178.050(C)of this Chapter,(4)a detailed plan of fencing for
security of the tower and support facilities, (5)a detailed landscape plan for the, effective screening
of the tower and support facilities.
C. Factors Considered in Granting Conditional Use Perinits.
In addition to the findings required under Section 18.192 of this Code, the Planning
Commission may consider the following factors in determining,.vhether to issue a conditional use
permit, or in applying conditions of approval:
1. Height of the proposed tower;
2. Proximity of the tower to residential structures and residential district
boundaries including public right-of-way;
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I Nature of uses on adjacent and nearly properties:
. Surrounding topography-,
5Surrounding tree coverage and folia
d Design of the tower,with,particular reference to design characteristics that have
the effect of reducing or eliminating visual obtrusiveness;
?y Proposed ingress and egress,
8. Availability of suitable and proximity of other existing towers and other
structures;
Consideration of alternative sites;
D, Availability of uitab]i Existin ToNvers or Other Structures':
No new tower shall be approved unless the City finds that no existing tower or structure can
accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing
tower or structure can accommodate the applicant's proposed antenna may consist of any of the
following;
1. No existing towers or structures are located within the geographic area required
to meet the applicant's engineering requirements:
I Existing towers or structures are not ofsufficient height to meet the applicant's'
engineering requirements
3. Existing towers or structures do not have sufficient structural strength to support
the applicant's proposed antenna and related. equipment..
4. The applicant's proposed antenna would cause electromagnetic interference with
the antenna on the existing towers or structures, or the antenna on the existing
towers or structures would cause interference with the applicant's proposed
antenna.
. They fees, costs or contractual provisions required by the applicant in order to
share an existing tower or structure or to adapt an existingtower or structure for
sharing are unreasonable_ Costs exceeding nes` toyer development are
presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render
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existing ng towers and structures unsuitable.
E. etbacs and etaaratitan.
The following setbacks and separation requirements shall apply to all towers and antennas.
1. Towers shall beset back a distance equal to one hundred feet (100') from any
off-site residential structure„
`. Towers, guys and accessory facilities shall satisfy the minimum zoning district
setback requirements.
F Landscaping.
Existing mature tree growth and natural land forms on the site shall be preserved to the
maximum extent possible. In some eases,such as towers sited on lame.,wooded lots,natural growth
around the property perimeter may be sufficient buffer.
18.178.100 Minimum Caper ti g Standards
A. wireless service facilities shall not be operated in any manner that would cause
interference with the City's emergency telecommunication system
13: The service provider(s) shall maintain all required warning and erner en y contact
suns at the wireless service facilities site. The suns shall not include advertising and
shall be pasted in a manner to reduce visual clutter.
Section 2. Section 18.152.0'0 of the Redlands Municipal Code is deleted in its entirety and
rewwTitten to react as follows:
"Penthouses or roof structures or the housing of elevators, stairways, tanks, ventilating fins
or similar equipment required to operate and maintain the building and fire or parapet walls,,
skylights, toww-ers, steeples, flagpoles, chimneys, smokestacks, personal television antennas, water
tames, silos,churches or similar structures,may be erected above the maximum height permitted in
each district. No structure or penthouse shall'be allowed for purposes of providing additional floor
space.°
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Secti-on3, The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect in accordance with law.
_--n
Mayor of the City of Redlands
ATTEST:
Ci I Clerk
1,Lorrie Poyzer,City Clerk of the City of Redlands,hereby certify that the foregoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the 18th day of July,
2000, by the following vote:
AYES: Councilmembers George, Freedman, Peppler, Haws;
Mayor Gilbreath
NOES: None
ABSENT: None
Ci erk
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