HomeMy WebLinkAboutNS-2356 - Adopting Regulations for Wireless Communication Facilities in the City· ' .1.4'6
ORDINANCE NO. NS- 2356
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA
ADOPTING REGULATIONS FOR WIRELESS COMMUNICATION
FACILITIES IN THE CITY OF SANTA ANA
WHEREAS, this Council finds and determines that there has
been an increase in the number of applications for, and inquiries
regarding, proposed wireless communication facilities in the City
of Santa Ana; and
WHEREAS, this Council finds and determines that the over-
concentration and a lack of control over the conditions of
operation of wireless communication facilities have a negative
impact on adjacent uses, particularly residential uses; and
WHEREAS, this Council finds and determines that the adoption
of regulations and guidelines for the establishment of wireless
communication facilities will serve to reduce the negative impacts
on the community; and
WHEREAS, this Council finds and determines that the
requirements and restrictions imposed by this Ordinance are
necessary to protect the health, safety, and welfare of the
citizens of Santa Ana.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
Section t: That the Santa Ana Municipal Code Section 41-602
is hereby amended as follows:
Sec. 41-602. Height-Generally.
(a) There are 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, M1, M2, LM, CM, O, and GC districts:
'1'47
(i)
No structure shall exceed thirty-five (35) feet in
height within one hundred 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-foot landscaped strip. When said landscaped strip is
contiguous to or is 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-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 (1) or the other or from both
side property lines not less than a combined
total distance equal to one-half (~) 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 (~) of the overall height of
the structure, signs included.
(d) All lots within height district II shall be subject to
the following height exceptions and regulations:
(i)
Any structure may exceed thirty-five (35) feet in
height if both of the following provisions are complied
with:
148
(±)
Each part of any structure, exclusive of the first
thirty-five (35) feet of height from street grade,
shall be set in from one (1) or the other or from
both side property ~ines not less than a combined
total distance equal to one-half (~) 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 (~) 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,
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 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 wireless communication
facilities.
Section 2: That the Santa Ana Municipal Code Section 41-602.5
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 by reference. Notwithstanding anything to
the contrary in section 41-602 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
149 ......
constructed within a height exemption area. This section does
not apply to wireless communication facilities.
Section 3: That the Santa Ana Municipal Code Section 41-668
is hereby amended as follows:
Sec. 41-668. Definitions.
(a) Development project: As used in this division, the term
"development project" includes any of the following projects:
(i)
The new construction of any building or buildings, and
additions to any existing building or buildings, if new
floor space of five hundred (500) square feet or more
is constructed or added, or if the cost of the work to
be done exceeds fifty thousand dollars ($50,000.00);
but excluding the following:
a. Single family homes;
b. Room additions to duplexes;
c. Tenant improvements not involving a change of use;
d. Facade improvements;
e. Equipment covers or structures to cover equipment.
(2)
Tenant improvements involving an intensification or
change in occupancy classification.
(3)
Any new construction, reconstruction or alteration of a
service station, including facade improvements, but
excluding environmental clean-up work such as
underground tank removal or replacement.
(4) Major Wireless communication facilities.
(5)
Any project that requires a discretionary approval,
excluding conditional use permits for operation of
eating establishments between the hours of 12:00 a.m.
and 5:00 a.m. and conditional use permits for the sale
of alcoholic beverages.
(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.
Section 4: That the Santa Ana Municipal Code Section 41-686
is hereby amended as follows:
Sec. 41-686. Additional uses on lots of nonconforming uses
or building.
While a nonconforming use or building exists on any lot, no
other use, including, but not limited to, off-premises commercial
advertising signs, shall be permitted even though such other use
would otherwise be conforming. This section does not apply to
wireless communication facilities.
Section 5: That Santa Aha Municipal Code Section 41-198 is
hereby amended to read as follows:
Sec. 41-198. Purpose.
The purpose of these regulations and guidelines is to
regulate the establishment of all wireless communication
facilities to protect the public safety, general welfare, and
quality of life of Santa Aha citizens. The Santa Ana City Council
has found and determined that these regulations and guidelines for
wireless communication facilities are necessary to attain these
goals. These regulations are intended to amend applicable
provisions of Santa Ana Code Section 41-198, pertaining to
communications facilities, Santa Aha Municipal Code Section 41 and
any other applicable provisions contained within the Santa Aha
City Code.
Section 6: That the Santa Aha Municipal Code is hereby
amended by adding a section, to be numbered 41-198.1, which said
section reads as follows:
Sec. 41-198.1. Definitions.
Unless otherwise state, the following definitions pertain to
this ordinance.
"Antenna" means a device used in communications which
transmits or receives radio signals.
"Antenna, Panel" means an antenna or array of antennae that
are flat and rectangular and designed to concentrate a radio
signal in a particular area. Also referred to as directional
antennae.
"Antenna, Whip" means an antenna that transmits signals in
360 degrees. They are typically cylindrical in shape and are less
than six inches in diameter and measure up to 18 feet in height.
Also called omnidirectional, stick, or pipe antennas.
151
"Buildinq Mounted" means mounted to the side of a building
or to another structure such as a water tank, billboard, church
steeple, freestanding sign, etc.
"California Public utilities Commission (CPUC)" means the
governmental agency which regulates the terms and conditions of
public utilities in the State of California.
"Cell Site" means a geographical area that contains both
transmitting and receiving antennae.
"Cellular" means an analog or digital wireless communication
technology that is based on system of interconnected neighboring
cell sites, each of which contains antenna.
"Certificate of Public Convenience and Necessity" means a
certificate issued by the California Public Utilities Commission.
"Co-location" means the locating of wireless communications
equipment from more than one provider on a single building
mounted, roof mounted, or ground mounted or wireless communication
facility.
"Electromaqnetic Field" means the local electric and
magnetic fields caused by voltage and the flow of electricity that
envelop the space surrounding an electrical conductor.
"Enhanced Specialized Mobile Radio" means a digital wireless
communication technology that specializes in providing dispatching
services.
"Ground Mounted" means mounted to a pole, monopole, lattice
tower, or other freestanding structure specifically constructed
for the purpose of supporting such antenna.
"Lattice Tower" means a structure with two or more support
legs that supports a variety of antennae. These towers generally
range in height from 60 to 200 feet and are constructed in areas
where great height is needed, microwave antennas are required, or
where the weather demands a more structurally sound design.
"Major Wireless Communication Facility" means a wireless
communication facility that:
1. Is ground mounted; or
height.
Is building or roof mounted and exceeds 10 feet in
"Microcell" means a wireless communication facility that:
1. Contains a maximum of four whip and 12 panel
antennae. Each whip antenna does not exceed four inches in
diameter and four feet in length. Each panel antenna does
not exceed two square feet in surface area.
2. Contains a maximum of one microwave antennae no
larger than 10 square feet in surface area.
3. Has an array of antennae less than 10 feet in
height as measured from the base.
4. Is building or roof mounted.
5. Has a total height, if building or roof mounted,
that does not exceed the maximum height permitted in the
applicable zoning district in which the facility is located.
"Minor Wireless Communication Facility" means a wireless
communication facility that:
1. Consists of a microcell; or
2. Is building or roof mounted and is less than 10
feet in height and does not exceed the maximum height
permitted in the zoning district in which the facility is
located.
3. Is fully screened from view if roof mounted.
"Monopole, means a structure composed of a single spire used
to support antennae and related equipment.
"Mounted" means attached or supported.
"Multi Purpose Tower" means a structure that integrates a
monopole into a light pole or other utility pole.
"Personal Communication Services" means a digital wireless
communication technology that has the capacity for multiple
communications services and will provide a system in which calls
will be routed to individuals rather than places, regardless of
location.
"Private Wireless Communication Facility" means a wireless
communication facility that has not been granted a Certificate of
Public Convenience and Necessity by the CPUC.
"Public Wireless Communication Facility" means a wireless
a Certificate of
communication facility that has been granted
Public Convenience and Necessity by the CPUCo
· 153
"Radiofrequency Radiation" means
in the portion of the spectrum from
gigahertz.
electromagnetic radiation
three kilohertz to 300
"Roof Mounted" means mounted above the eave line of a
building or on any portion of the roof area.
"Stealth Facility" means any communications facility which
is disguised to blend into the surrounding environment, typically
one that is architecturally integrated into a building or other
concealing structure. Also referred to as a concealed antenna.
"Wireless Communication Facility" means any public or
private structure that supports antennae, microwave dishes, and
other related equipment that send and/or receives radiofrequency
signals.
Section 7: That the Santa Aha Municipal Code is hereby
amended by adding a section, to be numbered 41-198.2, which said
section reads as follows:
Sec. 41-198.2. Applicability.
so
Ail wireless communication facilities for which
applications were approved and/or building permits
issued by the Planning and Building Agency on or prior
to the adoption date of this ordinance are subject to
the provisions of the nonconforming buildings and uses
section of Chapter 41 (Section 41-679 to 41-689).
Ail wireless communication facilities for which
building permits have expired, and have not been
renewed on or prior to the adoption date of this
ordinance, shall be required to comply with the
regulations and guidelines contained herein.
Section 8: That the Santa /Ina Municipal Code is hereby
amended by adding a section, to be numbered 41-198.3, which said
section reads as follows:
Sec. 41-198.3. Permits required.
MINOR WIRELESS FACILITIES: A land use certificate is
required for each installation.
MAJOR WIRELESS FACILITIES: A conditional use permit is
required for each installation.
MULTIPLE WIRELESS COMMI/NICATION FACILITIES: A multiple
wireless communication facility program shall be adopted for
multiple installations of minor wireless communication
i54 '
facilities on a single structure or building. The minor
wireless communication facility program shall be reviewed or
specified for minor wireless facilities. Each individual
installation of a minor wireless facility pursuant to a minor
wireless communication facility program requires approval of
an installation permit pursuant to the procedures for a land
use certificate.
(a) No permit shall be issued for multiple
installations of any wireless communication facility, except
pursuant to an approved multiple wireless communication
facility program in accordance with this article.
(b) A wireless communication facility program for
existing multiple installations of minor wireless
communication facilities that do not have an approved program
shall be adopted prior to the issuance of any additional
wireless communication permits for multiple installations.
Said program shall follow the implied program or predominant
pattern in use of the existing installations.
Section 9: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-198.4, which said
section reads as follows:
Sec. 41-198.4. Improvement requirements.
MAJOR WIRELESS FACILITIES: site improvements required for
major wireless facilities include:
Landscaping around the base of the facility,
including vines, groundcover, and a 24 inch box
tree;
2. Decorative fencing such as wrought iron or block
around the wireless facility;
A solid wall, with a minimum height of six feet,
between a wireless facility and all property lines
which abut property zoned or used for residential
purposes;
The following improvements may be required, as determined by
the Planning Manager, or his or her designee:
4 o
One parking space for the wireless facility use,
if on-site parking is not available;
5 o
Repairing, repaving and restriping of a parking
lot which is in poor condition as identified by
the Planning Division;
6. The repainting of building(s) on a site; and,
7. The construction of'a new trash enclosure.
Section 10: That the Santa Ama Municipal Code is hereby
amended by adding a section, to be numbered 41-198.5, which said
section reads as follows:
Sec. 41-198.5. Development criteria for wireless
communication facilities.
a. Screening Criteria and Guidelines
1)
Major wireless communication facilities shall be a
stealth facility as defined in Section 41-198.1.
2)
Ail wireless communication facilities shall be
located in areas that will minimize their
aesthetic intrusion on the surrounding community.
For building mounted facilities, all screening
shall be compatible with the existing
architecture, color, texture, and/or materials of
the building.
b. Site Selection Order of Preference
1)
Wireless communication facilities shall be located
in the following order of preference
a) On existing structures such as buildings,
communication towers, church steeples, and
freestanding signs.
b)
In locations where the existing topography,
vegetation, buildings, or other structures
provide the greatest amount of screening.
2)
As part of the application process for major
wireless communication facilities, the applicant
shall be required to provide written documentation
demonstrating a good faith effort in locating
facilities in accordance with the Site Selection
Order of Preference.
c. Other Criteria and Guidelines
1)
Wireless communication facilities shall not bear
any signs of advertising devices other than
certification, warning, or other required seals or
signage.
2)
Ail accessory equipment associated with the
operation of the 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.
Section 11: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-198.6, which said
section reads as follows:
Sec. 41-198.6. Locational criteria for all wireless
communication facilities.
No wireless
established:
communication facility shall be
1) Within any property zoned or used for residential
purposes; or
2)
On property that contains any legally-established
residential use.
Section 12: That the Santa Aha Municipal Code is hereby
amended by adding a section, to be numbered 41-198.7, which said
section reads as follows:
Sec. 41-198.7. Locational guidelines for all minor wireless
communication facilities.
so
Minor wireless communication facilities may be
established on property within the City of Santa Aha
that is not zoned or used for residential uses.
Section 13: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-198.8, which said
section reads as follows:
Sec. 41-198.8. Locational guidelines for all major wireless
communication facilities.
Providers requesting permission to establish major
wireless communication facilities in the City of Santa
Ana are strongly encouraged to find sites that are
separated from residential areas to the greatest extent
feasible. No major wireless communication facility
should be established within 140 feet of:
1) Any residential zone or land use district;
157
2) Any legally-established residential use.
Section 14: That the Santa Aha Municipal Code
amended by adding a section, to be numbered 41-198.9,
section reads as follows:
is hereby
which said
Sec. 41-198.9. Height criteria for all major wireless
communication facilities.
No major wireless communication facility shall exceed 60 feet
in height from ground level as measured from the nearest street
curb.
Section 15: That the
amended by adding a section,
section reads as follows:
Santa Ana Municipal Code is hereby
to be numbered 41-198.10, which said
Sec. 41-198.10. Requirement for conditional use permit.
Each major wireless communication facility established in the
City of Santa Aha must first receive approval of a conditional use
permit as established by Santa Ana Municipal Code Section 41-
198.3.
Section 16: That the
amended by adding a section,
section reads as follows:
Santa Ana Municipal Code is hereby
to be numbered 41-198.11, which said
Sec. 41-198.11. Requirement for design review.
Development Review approval shall be required prior to the
establishment of any major wireless communication facility in
accordance with Santa Ana Municipal Code Section 41-668.
Section 17: That the Santa
amended by adding a section, to be
section reads as follows:
Aha Municipal Code is hereby
numbered 41-198.12, which said
Sec. 41-198.12. Private wireless communication facilities.
Private wireless communication facilities shall be subject to
the provisions of this Ordinance.
Section 18: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-198.13, which said
section reads as follows:
Sec. 41-198.13. Conditional use permit expiration.
Each major wireless communication facility approved pursuant
to this Ordinance shall be approved for a period not to exceed
five (5) years.
Section 19: That the
amended by adding a section,
section reads as follows:
Santa Aha Municipal Code is hereby
to be numbered 41-198.14, which said
Sec. 41-198.14. Abandonment.
Lawfully erected wireless communication facilities that are
abandoned shall be removed promptly from the premises, and no
later than 90 days after the discontinuation of use. A 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.
A written notice of the determination of abandonment shall be
sent or delivered to operator of the wireless communication
facility. The operator shall have 90 days to remove the facility
or provide the Planning Division with evidence that the use has
not been discontinued. The Planning Commission shall review all
evidence and shall determine whether or not the facility is
abandoned. All facilities not removed within the required 90 day
period shall be in violation of the 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 this Ordinance.
Section 20: That the
amended by adding a section,
section reads as follows:
Santa Ana Municipal Code is hereby
to be numbered 41-198.15, which said
Sec. 41-198.15. Violations/penalties.
Violations of the Ordinance shall constitute a misdemeanor
punishable by fine or imprisonment or both. Each day the
violation continues is punishable as a separate offense pursuant
to Santa Aha Municipal Code Section 1-8.
Sectio__n 21: That the Santa
amended by adding a section, to be
section reads as follows:
Ana Municipal Code is hereby
numbered 41-198.16, which said
Sec. 41-198.16. Severability.
Ail of the provisions of this ordinance shall be construed
together in order to accomplish the purpose of these regulations.
If any provision of this part is held by a court to be invalid or
unconstitutional, such invalidity or unconstitutionality shall
apply only to the particular facts, or if a provision is declared
to be invalid or unconstitutional as applied to all facts, all of
the remaining provisions of this ordinance shall continue to be
fully effective.
Section 22: 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 Aha 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.
Section 23: 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
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 6th
ATTEST:
~l~e ir ~ eo ~ ' t hGeUYc-ou~c i ~/
day of j]]]y , 1998.
COUNCILMEMBERS:
Pulido Aye
Richardson Absent
Espinoza Aye
Franklin Aye
Lutz Aye
McGuigan Aye
Moreno Aye
APp~ED ~ TO FORM:
16 0
Ordinance No. NS-2356
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C GUY, Clerk of the Council, do hereby certify the attached Ordinance No.
A/$ a. ~, ~ to be the original ordinance adopted by the City Council of the City of Santa
Ana ont/fft.~..~ t_ J ca t~ ; and that said ordinance was published in accordance with the Charter
of the (~i~y of SS,{nta 'An~. '
Clerk of-the
City of Santa Ana