HomeMy WebLinkAboutNS-2102 - Adding Section to Santa Ana Municipal Code and Amending Sections to Establish Regulations for Cellular Telephone Facilities073
REL: 1/7/91
ORDINANCE NO. NS-2102
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING
SECTION 41-198 TO THE SANTA ANA MUNICIPAL CODE
AND AMENDING SECTIONS 41-602, 41-602.5, 41-668
AND 41-686, TO ESTABLISH REGULATIONS FOR
CELLULAR TELEPHONE FACILITIES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That the Santa Aha Municipal Code is hereby
amended by adding a section, to be numbered 41-198, which said
section reads as follows:
Sec. 41-198. Cellular telephone facilities.
(a) Cellular telephone facilities are not permitted in
the Al, RE, R1, R2, R3, and R4 use districts nor in any PCD or
SD use district which is planned or developed for residential
use.
(b) In use districts other than those specified in
subsection (a) of this section:
(1) Cellular telephone facilities which include
freestanding vertical antennas that do not exceed 35 feet
in height, measured from ground level, are permitted.
(2) A conditional use permit is required for cellular
telephone facilities with freestanding vertical antennas
in excess of 35 feet in height, measured from ground
level.
(3) A land use certificate is required for cellular
telephone facilities with roof mounted antennas, and all
such roof mounted antennas shall comply with the
following standards:
a. The antenna shall be screened from view.
b. The antenna and method of screening the antenna
shall be architecturally compatible and integrated
with the existing structure.
c. The antenna and support structure shall not
exceed ten (10) feet in height, as measured from
its base.
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ORDINANCE NO. NS-2102
Page 2
SECTION 2: That section 41-602 of the
Code is hereby amended to read as follows:
Santa Ana Municipal
Sec. 41-602. Height-Generally.
(a) There is 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, Mi, M2, LM CM, O, and GC districts:
(i)
No structure shall exceed thirty-five (35)
feet in height within one hundred and 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 (15) foot landscaped strip. When said
landscaped strip is contiguous to or is
.o. 075'
Page 3
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 (24) 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 or the other
or from both side property lines not less than
a combined total distance equal to one-half
(1/2) 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 (1/2) of the overall height of the
structure, signs included.
(d) Ail lots within height district II shall be subject
to the following height exceptions and regulations:
(1)
Any structure may exceed thirty-five (35) feet in
height if both of the following provisions are
complied with:
(i)
Each part of any structure, exclusive of the
first thirty-five (35) feet of height from
street grade, shall be set in from one or the
other or from both side property lines not
less than a combined total distance equal to
one-half (1/2) 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 (1/2) 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,
-, 07Go A cE Mo. 2 02
Page 4
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 that 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 cellular telephone
antennas.
SECTION 3: That section 41-602.5 of the Santa Ana Municipal
Code 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 byreference. Notwithstanding anything to
the contrary in section 41-602 or in 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
constructed within a height exemption area. This section does
not apply to cellular telephone antennas.
SECTION 4: That section 41-688 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-668. Definitions.
(a) Development project: As used in this division, the
term "development project" includes the following:
(1)
The new construction of any building or buildings,
other than accessory buildings, or of any cellular
telephone facilities.
(2)
Exterior alterations or additions to any existing
building or buildings, if the cost of the work to
be done exceeds twenty thousand dollars
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ORDINANCE NO. 2102
Page5
($20,000.00).
(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.
~: That section 41-686 of the Santa Aha Municipal
Code is hereby amended to read as follows:
sec. 41-686. Additional uses on lots of nonconforming use or
building.
While a nonconforming use or building exists on any lot,
no other use, including, but not limited to, off-premise
commercial advertising signs, shall be permitted even though
such other use would otherwise be conforming. This section
does not apply to cellular telephone facilities.
SECTION 6: That those "Design and Development Standards for
Transmitter and Antenna Facilities" attached hereto as Exhibit A
are hereby approved and adopted as standards for the approval of
development project plans for cellular telephone facilities
pursuant to section 41-670 of the Santa Ana Municipal Code. The
said standards may hereafter be amended, revised or repealed by
resolution of the city council.
SECTION 7: 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 Ana 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.
~: 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
077
5
078 ORDINANCE NO. NS-2102
Page 6
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this .4th day of Februar,y 199]__.
ATTEST:
COUNCILMEMBERS:
Daniel H. Young
Mayor
Young Aye
Pulido A.¥e
Acosta A.ye
Griset Aye
McGuigan A3e
Norton A3e
Richardson A~e
APPROVED AS TO FORM:
~r
City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION .
State of california
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance ~/~- ~/~2~ to be the original ordinance
adopted by the city Council of the City of Santa Ana on
~/~/gt ; and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
C~lerk of the CounCil, Date
City of Santa Aha
ORDINANCE NO.
DESIGN AND DEVELOPMENT STANDARDS FOR
TRANSMITTER AND ANTENNA FACILITIES
NS-2102.
Page 7
079
Ail cellular telephone transmitter a~d antenna facilities shall be reviewed by
Planning staff to evaluate site location and design. The following are design
standards for proposed cellular transmitter and antennas facilities:
1. The Planning Division shall be contacted to identify if a proposed
project site is within a redevelopment project area, specific plan area,
etc. which may impact or restrict the placement of cellular
transmitter/antenna facilities.
2. The proposed transmitter and antenna facilities shall comply with all
setback requirements specified for buildings within the respective zoning
district.
Whenever feasible cellular telephone providers shall consider site
sharing of cellular transmitter/ antenna facilities to minimize the
number of cellular facilities required to service the community's needs.
Cellular telephone antennas greater that the 35 foot height limitation of
the zoning district shall be located a minimum of 140 feet from any
property zoned or used for residential purposes.
The location of antennas and transmitter facilities shall not be clearly
viewable from the public way. A landscape planter shall be provided for
screening around the base of the transmitter station and ground mounted
antenna to minimize the visual and aesthetic impacts on surrounding
uses. Plant material shall include vines, groundcover, and trees with a
minimum 24 inch box size at the time of planting.
The proposed antenna shall be finished in a color to neutralize and blend
in with the immediate surroundings.
The transmitter station or shelter shall be designed to be unobtrusive.
This may include locating the transmitter station within an existing
building or mounted on the roof top. In all cases, the cellular
transmitter station shall be in context with the immediate surrounding
and be architecturally compatible with the existing structures on the
site with respect to design, color and materials.
Antenna and transmitter equiptment on roof tops and projecting from walls
shall be screened from view unless made an integral part of the design of
the buildil%g.
Fencing associated with the cellular facility shall be wrought iron or
similar decorative material. The use of chain link is not permitted
unless approved by the Planning Manager. This approval shall be'based on
the location of cellular facility and visability to the street.
0~00RDINANCE NO. NS-2102 Page 8
10. A solid wall or fence, a minimum of six feet ia height, shall
between a proposed transmitter and antenna facility located
property zoned or used for residential purposes for screening.
be provided
adjacent to
11.
The proposed transmitter and antenna shall not create any additional
non-conformances to the site such as a reduction of required parking,
landscaping, trash enclosure, loading zones, etc.
12.
Maintenance operations associated with the proposed transmitter and
antenna facility shall be performed after 7am and before 7pm when located
adjacent to property used or zoned for residential purposes.
13.
The installation shall be located in such a way as to
of the antenna's 360 degree reception area from
development on adjoining parcels.
prevent obstruction
potential permitted
14.
Any requirement imposed upon the installation of an antenna area
transmitter station shall not impose unreasonable limitations on or
prevent reception or operate to impose costs on the user of such antennas
that are excessive in light of the purchase and installation of such
antennas.