HomeMy WebLinkAbout2255ORDINANCE NO. 2255
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ADDING DIVISION 8 TO PART 8
OF CHAPTER 2 OF ARTICLE IX TO THE ARCADIA
MUNICIPAL CODE PERTAINING TO REGULATION OF
WIRELESS COMMUNICATION FACILITIES
WHEREAS, this Ordinance establishes regulations for the location, design and
development of wireless communication facilities within the City, in order to address the
negative secondary effects of said facilities, while remaining consistent with current Federal and
State law; and
WHEREAS, the Planning Commission conducted a properly noticed public hearing on
January 27, 2009 at which members of the public were afforded an opportunity to comment upon
this Ordinance, the recommendations of staff and public testimony; and
WHEREAS, after such hearing, the Planning Commission recommended that the City
Council approve this Ordinance; and
WHEREAS, the City Council conducted a properly noticed public hearing on March 3,
2009 at which members of the public were afforded an opportunity to comment on this
Ordinance, the recommendations of staff and public testimony.
NOW THEREFORE, THE C[TY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The Arcadia Municipal Code is hereby amended by adding a new Division
8 to Chapter 2, Article IX to read in its entirety as follows:
G°DIVISION 8.
WIRELESS COMMUNICATION FACILITIES
4288. INTENT AND PURPOSE.
The purpose of these requirements is to provide placement, design, and screening criteria to
regulate the establishment of wireless communication facilities to protect the public health,
safety, general welfare, and quality of life in the City, while providing needed flexibility to
wireless communication providers. Additionally, these regulations protect the visual aesthetics
of the community through the promotion of stealthing techniques that architecturally integrate or
camouflage wireless communication facilities with their surroundings. This Division shall be
applied on a competitively neutral and nondiscriminatory basis to all applicants for wireless
communication facilities.
9288.1. DEFINITIONS.
"Applicant" means a provider of wireless communication services who applies to the City to
install a wireless communication facility within the City.
"Abandonment" means inoperative or unused for a period of one hundred-eighty (180) calendar
days or more.
"Antenna" means that part of a wireless communication facility designed to transmit or receive
radio frequency or electromagnetic signals, and includes panels, wires, poles, rods, dishes, or
similar devices.
"Cell site" or "site" means a parcel of land or public right-of--way location that contains a
wireless communication facility(ies) including any antenna, support structure, accessory
building, or other components associated with, or ancillary to, the use of the wireless
communication facility.
"Co-location" means the sharing of one site and infrastructure for the purpose of locating two (2)
or more wireless communication facilities.
"Mount" means the structure or surface upon which antennae are mounted.
"Project site" means the site on which an applicant proposes to construct a wireless
communication facility, including any antenna, mount or support structure, accessory building,
or other components associated with, or ancillary to, the use of the wireless communication
facility.
"Roof- or top-mounted" means a wireless communication facility where the antennae are
mounted on the roof or top of a building or structure, other than a standalone facility.
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"Side-mounted" means a wireless communication facility where the antennae are mounted on the
side of a building or structure, other than a standalone facility.
"Standalone facility" means a wireless communication facility where the antennae are mounted
to a dedicated ground-based structure in order to elevate the antennae to a useable altitude (ie:
monopole, cell tower, etc.)
"Stealthed" means: (1) concealed or otherwise not identifiable as a wireless communication
facility by a casual observer that is located on property other than the site, and (2) is aesthetically
compatible and blends with the site and immediate surroundings. Stealthing may be achieved by
any state-of--the-art means or combination of means including, but not limited to, the use of
camouflage, textures, screening, painting or architectural integration with the surroundings (e.g.,
church steeple or bell tower within a church, unobtrusive penthouse on a roof, false rock, false
structure or a tree amongst other trees.)
"Wireless Communication Facility" or "Facility" means a facility for the provision of wireless
communication services.
9288.2. APPLICABILITY.
(a) Except as set forth below, the procedures and rules set forth in this Division are
applicable to all wireless communication facilities built, installed or modified within all
zones of the City of Arcadia after the date this Division is effective, including all wireless
communication facilities built, installed or modified within all City public rights-of--way.
This Division is also applicable to all lots or parcels where the construction, installation
or modification of wireless communications facilities is subject to a lease, license or other
agreement with the City.
(b) This Division shall not apply to the following:
(1) public safety communications facilities owned or operated by the City or any
other public agency.
9288.3. APPROVAL REQUIREMENTS.
(a) No wireless communication facility shall be built, installed or modified, in the public
right-of--way in any zone, without first applying for and obtaining an encroachment
permit from the Development Services Director. The Development Services Director
shall review all encroachment permit applications in accordance with Chapter 3 of Article
VII (commencing with Section 7300) of this Code.
(b) No roof-mounted, top-mounted or side-mounted wireless communication facility shall be
built, installed or modified, on private property or on public property that is not in the
City's right-of--way in any zone, without first applying for and obtaining administrative
architectural design review approval from the Development Services Director or
designee. The Development Services Director or designee shall administratively review
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all architectural design review applications in accordance with Division 5, Part 9, Chapter
2 of Article IX (commencing with Section 9295) of this Code.
(c) Except as set forth in subsection (d) below, no standalone facility shall be built, installed
or modified, on private property or on public property that is not in the City's right-of-
way in any zone, without first applying for and obtaining a conditional use permit and
architectural design review approval from the Planning Commission. The Planning
Commission shall hear all conditional use permit applications at a public hearing in
accordance with Division 5, Part 7, Chapter 2 of Article IX (commencing with Section
9275) of this Code, and shall hear architectural design review concurrently.
(d) Notwithstanding subsection (c) above, applicants requesting approval for a new co-
location to an existing standalone facility located on private property or on public
property that is not in the City's right-of--way ("base facility") shall only be required to
obtain administrative architectural design review from the Development Services
Director or designee (as set forth in subsection (b) above), if all of the following apply:
(1) the base facility has already received a conditional use permit;
(2) the base facility has already been reviewed and approved by the City pursuant to
CEQA, resulting in the preparation of a negative declaration, mitigated negative
declaration, or environmental impact report (statutory and categorical exemptions
for the base facility are insufficient);
(3) the new co-location does not require a subsequent or supplemental environmental
impact report due to substantial changes to the base facility, its site, its
circumstances, or new information; and
(4) the new co-location incorporates all mitigation measures that were required by
CEQA for the base facility.
(e) Any decision shall be subject to appeal pursuant to the following provisions of this Code:
(1) Decision of the Planning
Commission with respect to a
conditional use permit or
architectural design review
(to the City Council): Sections 9275.2.9,
9295.16(B) & 9600
(2) Decision of the Development
Services Director or designee with
respect to architectural design review
(to the Planning Commission): Section 9295.16(A)
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(3) Decision of the Development
Services Director with respect
to an encroachment permit
(to the City Council): Section 7300.29
9288.4. APPLICATION CONTENTS.
Applications for the approval of wireless communication facilities shall include that information
required by this Code for the applicable land use permit (conditional use permit, architectural
design review or encroachment permit), plus the following information:
(a) Contact Information. The applicant shall submit and maintain current at all times basic
contact information of a form to be supplied by the City. The applicant shall notify City
of any changes to the information submitted within fifteen (15) days following any such
change. This information shall include, but is not limited to the following:
(1) The identity, including name, address and telephone number of the owner of the
wireless communication facility including official identification numbers and
FCC certifications and, if different from the owner, the identity of the person or
entity responsible for operating the wireless communication facility;
(2) Name, address and telephone number of a local contact person for emergencies
and type of service provided.
(b) Location and Zoning Information. Location of the project site, including the address and
the names of two nearest cross streets, as well as the present zone designation of the
project site.
(c) Description of the Proposed Project. A description of the proposed wireless
communication facility, including whether the project is a new facility, a co-located
facility, or a modification to an existing facility. If a new facility, the applicant shall
include an explanation of whether the new facility will be designed to accommodate
future co-locations. The applicant shall provide a written description of the stealthing
measures applicant proposes to use to aesthetically blend the facility to the immediate
surroundings. This should include at minimum a description of proposed stealthing
techniques, and the textures and colors to be used in the stealthing process. The applicant
shall also indicate the proposed height of the facility.
(d) Noise. A description of the facilities and/or equipment within the applicant's project that
are expected to induce or generate noise, as well as anticipated noise levels of said
facilities and/or equipment.
(e) Wireless Communication Facility Site Plan. Six (6) copies of a wireless communication
facility site plan, at a scale of 1 "=20' or larger and including the following:
(1) The proposed wireless communication facility;
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(2) Location of lot lines, streets (with street names), easements, and all structures and
improvements, including accessory equipment, underground utilities and support
structures, existing and proposed;
(3) Slopes, contours, trees and other pertinent physical features of the site, existing
and proposed;
(4) All exterior lighting on the site, existing and proposed;
(5) Location, use and approximate distance from property lines of the nearest
structures on all properties abutting the site; and
(6) The location of parking for maintenance personnel.
(f) Landscape Plan. Six (6) copies of a landscape plan for the site, at a scale of 1/8"=1' or
larger and including the following:
(1) Existing trees with trunk diameter over six inches (6") at four feet (4') above
grade and/or fifteen feet (15') in overall height within fifty feet (50') of the
proposed wireless communication facility;
(2) Species, diameter and condition of all such trees;
(3) Final disposition of all existing trees; and
(4) Species, location and sizes of trees and other vegetation proposed to be installed
with the wireless communication facility.
(g) Site Photographs. Current color photographs of the site and its surroundings
(h) Proximity Map and Information. For applications for a conditional use permit or
encroachment permit, a map depicting all properties (with street addresses) within three
hundred (300) feet of the project site, a list of the names and addresses of all current
owners of the depicted properties, according to the last equalized assessor's roll, plus an
affidavit indicating that the list of names and addresses described above is accurate, based
upon due and diligent inquiry of the applicant. The proximity map and information set
forth above shall not be required for an application for administrative architectural design
review.
(i) Visual Impact Analysis. A visual impact analysis (which shall include photomontage,
photo simulation or similar technique) which demonstrates, from all four primary
directions (north, south, east and west) the potential visual impacts of the proposed
wireless communication facility. Consideration shall be given to views from public areas
as well as from private property. The analysis shall assess the cumulative impacts of the
proposed wireless communication facility and other existing wireless communication
facilities in the area, and shall identify and include all feasible mitigation measures
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consistent with the technological requirements of the proposed wireless communication
service. All costs for the visual analysis, and applicable administrative costs, shall be
borne by the applicant.
(j) Wireless Communication Facility Mount. A description of whether the proposed facility
is a co-located facility, standalone facility, roof/top-mounted, or side-mounted.
(k) Justification for Location/Co-location. The applicant must provide justification as to why
the applicant chose the location for the proposed wireless communication facility. Such
justification shall include a written assessment of not less than two (2) alternative
locations considered by the applicant and the reasons why said alternative locations were
rejected as candidates. Further, pursuant to Section 9288.6(1), the applicant shall provide
written evidence that it has made a good faith effort to co-locate the proposed facility
with an existing facility and indicate whether co-location is or is not feasible.
(I) FCC/Signal Standards. A report certified by a licensed radio frequency engineer stating
that electromagnetic (EM) emissions from the proposed facility will neither exceed
standards set by the Federal Communications Commission (FCC), nor interfere with any
fire, police or other emergency communications system.
(m) Map of Applicant's Existing Wireless Communication Facilities. A map and narrative
description of all existing wireless communication facility sites used by the applicant
which are located within the City, and any wireless communication facility sites located
outside of the City but which provide coverage within any part of the City.
(n) Coverage Assessment. A written report setting forth how and why the proposed wireless
communication facility will improve the quality of the applicant's coverage. The report
shall indicate the areas where coverage will be improved, and shall also include areas
where the applicant currently has no coverage, a significant degradation in coverage or
"dead zones". The report shall include a capacity analysis, a propagation analysis and/or
a decibel level report to indicate the quality of service provided by the applicant both at
present and after installation of the proposed wireless communication facility.
(o) Licenses. Documentation certifying the applicant has obtained all applicable licenses or
other approvals to provide the services proposed in connection with the application,
whether required by the Federal Communications Commission, California Public Utilities
Commission, or any other agency with authority over the proposed wireless
communication facility.
(p) Application Fee. A fee in the amount established by the current fee schedule adopted by
the City Council.
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(q) Waiver. Any application to develop a wireless communication facility that does not meet
the general requirements and restrictions of this Division shall include a request for a
waiver, as set forth in Section 9288.8 of this Code. A request for waiver may be
submitted at a later time if it is determined that the proposed facility, as originally
submitted, will not meet the requirements and restrictions of this Division.
(r) Proprietary or Confidential Information. Any proprietary information or trade secrets
disclosed to the City or the consultant as a part of any application is hereby deemed not to
be a public record pursuant to Government Code Section 6254.7(d), shall remain
confidential and shall not be disclosed to any third party except: (i) with the express
consent of the applicant, (ii) pursuant to an order of a court of competent jurisdiction or
(iii) pursuant to an order of regulatory agency with jurisdiction over the issue.
9288.5. NOTICE(S) OF HEARING/DETERMINATION.
(a) Whenever this Division requires a public hearing to be held before the Planning
Commission, notice of hearing shall be given as prescribed in Section 9275.2.4 of this
Code.
(b) Whenever this Division requires an administrative decision of the Development Services
Director on an encroachment permit (but not administrative architectural design review),
notice shall be mailed to the owners or authorized agents of real property within a radius
of three hundred (300) feet of the exterior boundaries of the site. The notice shall be
mailed by the applicant, in a format approved by the City, not later than ten (10) calendar
days prior to the date the Development Services Director renders his or her decision.
9288.6. LOCATION AND DEVELOPMENT STANDARDS.
(a) Subject to the restrictions and requirements of this Division, the following wireless
communication facilities maybe located in the following zones:
(1) LOCATIONS:
(A) Multiple-Family (R-3) zones,
(B) Professional Office (C-O) zones,
(C) Commercial Planned Development (CPD-1) zones,
(D) Architectural Design (D) zones,
(E) Central Business District (CBD) zones, and
(F) Automobile Parlcing/Multiple-Family (PR-3) zones.
ALLOWED: New roof-mounted, top-mounted and side-mounted facilities; co-
locations to existing roof-mounted, top-mounted and side-mounted facilities; and
co-locations to existing standalone facilities;
PROHIBITED: New standalone facilities.
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(2) LOCATIONS:
(A) Residential Mountainous (R-M) zones,
(B) First One-Family (R-O) zones,
(C) Second One-Family (R-1) zones,
(D) Medium Density Multiple Family Residential (R-2) zones, and
(E) Automobile Parking/One-Family and Medium Density Multiple-Family
(PR-0, PR-1 and PR-2) zones.
(Except for public rights-of--way and City-owned properties)
ALLOWED: None;
PROHIBITED: All facilities.
(3) LOCATIONS:
(A) A11 other zones,
(B) Publicrights-of--way (any zone),
(C) City-owned properties (any zone).
ALLOWED: All facilities (new or co-located);
PROHIBITED: None.
(b) Setbacks/Lot Coverage/Non-Interference. Except for wireless communication facilities
to be located within public rights-of--way, no facility shall be located within or extend
into the required setbacks established in the applicable zone and each facility shall also
comply with all applicable lot coverage and building separation standards in the
applicable zone.
For facilities proposed to be located within public rights-of--way, no facility shall
unreasonably interfere with usual and customary access or use by pedestrians, bicycles or
vehicles, or negatively impact vehicular parking, circulation, line-of--sight or safety.
(c) Lights, Signals and Signs. Wireless communication facility signals, lights or signs shall
be designed so as to meet but not exceed minimum requirements for Federal Aviation
Administration (FAA) or other applicable Federal or State regulations. Beacon lights
shall not be included in the design of a facility unless required by the FAA. Any required
lighting shall be shielded to eliminate, to the maximum extent possible, impacts on
surrounding areas. Any other lighting of the facility that is not otherwise required is
prohibited. No facility or its supporting equipment shall bear any sign, graphic or
advertising device other than waming/safety signage or those required by this Code or
other applicable law.
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(d) Dish Antennae. Dish or parabolic antennae serving a wireless communication facility
shall be situated so as to minimize visual impact without compromising their function.
(NOTE: For regulations governing direct broadcast satellite (DBS) antennas (ie: radio,
television, Internet service, etc.), see Division 6 (commencing with Section 9286) of Part
8 of Chapter 2 of Article IX of this Code.
(e) Equipment Structures. Ground level equipment, buildings, structures, and bases shall be
concealed from public view.
(1) Accessory Equipment. All accessory equipment associated with the operation of
a wireless communication facility shall be located inside an existing building, a
new addition to an existing building or an underground vault, unless not
technically feasible, at which point, accessory equipment may be located within a
separate above-ground enclosure. No separate above-ground structure may
exceed six (6) feet in height measured from the base of the foundation unless a
greater height is necessary to maximize stealthing/azchitectural integration. All
accessory equipment and structures, vaults or enclosures containing said
equipment shall comply with the development standards of the zone in which the
accessory equipment is located.
(2) Security. Accessory equipment shall be equipped with tamperproof cabinets
and/or locks to mitigate safety siting issues. All wireless communication facilities
shall be designed so as to be resistant to and minimize opportunities for
unauthorized access, climbing, vandalism, graffiti and other conditions which
would result in hazardous conditions, visual blight or attractive nuisances.
Barbed wire or razor wire fencing is prohibited.
(f) Building Codes. Wireless communication facilities shall comply with all applicable
building codes.
(g) Height. All wireless communication facilities shall be located at the lowest possible
height that will allow them to operate. Notwithstanding any other height limitations
contained in this article, wireless communication facilities may not exceed the height
limitations set forth below:
(1) Roof-mounted facilities (new or co-located) that are placed on an existing
building, or top-mounted facilities (new or co-located) that are placed on an
existing utility pole, water tank, or other similar structure may extend to, but shall
not exceed, a height of ten (10) feet above the roof or top of the building or
structure;
(2) Side-mounted facilities (new or co-located) that are placed on an existing
building, or on an existing utility pole, water tank, or other similar structure may
not extend beyond the height of the existing building or structure;
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(3) Facilities co-located on an existing standalone facility may not extend beyond the
height of the existing standalone facility; and
(4) New standalone facilities may not exceed fifty-five (55) feet in height. Any
applicant that proposes to construct or co-locate a wireless communication facility
that would exceed the applicable height limitations set forth above must request a
waiver, pursuant to Section 9288.8.
(h) Signal/Power Cables. All wireless communication facility cables, wires or similar
electrical transmission devices must be placed underground, be placed within the existing
building or structure or in cableways, and must be properly stealthed to the maximum
extent possible.
(i) Co-Location Requirements:
(1) Co-location. Where feasible, owners or operators shall share sites where wireless
communication facilities are already located, thereby reducing the number of new
facilities.
(2) Good Faith Effort. All applicants shall demonstrate agood-faith effort to co-
locate with existing facilities. The City may deny an approval to an applicant
who has not demonstrated agood-faith effort to co-locate with an existing facility.
Such good-faith effort includes written evidence by the applicant of:
(A) Contact with all other licensed carriers for facilities operating in the City
within the area of proposed coverage.
(B) Sharing non-proprietary technical information necessary to determine if
co-location is feasible under the design configuration most
accommodating to co-location.
In the event the applicant determines that co-location is not feasible, the applicant
shall include with its application a written statement of the reasons why co-
]ocation is not feasible. In the event the applicant determines that co-location is
feasible, the applicant shall include provisions for co-location of its facility in its
application.
(3) Numerical Limits on Co-location. Not greater than three (3) facilities shall be co-
located upon any single site.
(4) All co-located facilities upon a site shall be architecturally coordinated and
stealthed consistently with each other.
(j) Parking. Any wireless communication facility shall not reduce the number of available
parking spaces below the amount required by this Code.
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(k) FCC Requirements. All existing and future wireless communication facilities shall meet
all applicable FCC emissions and exposure standards for electromagnetic (EM) radiation,
and all required notices and signs shall be posted on the site as required by the FCC and
PUC.
(1) Noise. All wireless communication facilities must comply with all existing noise
ordinances of the City, but in no case shall any facility generate sound in excess of: (i) 50
dB CNEL at the property line of the nearest residential use, or (ii) 65 dB CNEL at the
property line of the nearest non-residential use.
9288.7. DESIGN CRITERIA.
(a) Pre-existing Character. Wireless communication facility location and development shall
preserve the pre-existing character of the site as much as feasible.
(b) Landscaping and Vegetation. Existing landscaping and vegetation, including trees,
foliage and shrubs, whether or not utilized for stealthing, shall be preserved or improved,
and disturbance of the existing topography of the site shall be minimized, unless
removing, altering or disturbing the vegetation would result in less visual impact of the
wireless communication facility on the sun•ounding area. Additional landscaping shall be
planted where such vegetation is necessary to provide stealthing or to block the line of
sight between a facility and adjacent residentially-zoned properties. If landscaping is
removed to install the facility, landscaping shall be replaced on the site at a 1.5:1 ratio for
the landscaping removed.
(c) Stealthing. All wireless communication facilities shall be stealthed from view to the
greatest extent feasible, considering technological requirements, by means of placement,
camouflage, color choice, azchitectural compatibility and other site chazacteristics. The
applicant shall use the smallest and least visible antennae and supporting equipment
possible to accomplish the owner/operator's coverage objectives.
Blending/Stealthing Methods:
(1) All standalone facilities, plus supporting equipment, shall be composed of non-
reflective materials and painted a color generally matching the surroundings or
background that minimizes their visibility, unless the FCC, FAA, or other
government agency requires a different color. If a new standalone facility cannot
be camouflaged in any other way, it shall be camouflaged as a tree (ie: monopalm,
monopine). Lattice towers, guyed towers and flag poles shall not be permitted as
new standalone facilities, except by waiver gnanted pursuant to Section 9288.8
below. Visible ground level equipment, structures and buildings shall be
stealthed from view by landscape plantings, fencing or other appropriate
stealthing means, and shall be treated with graffiti-resistant paint or coating.
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(2) Roof-mounted, top-mounted or side-mounted wireless communication facilities
shall be constructed, painted, finished and fully stealthed to match the color and
texture of the building, structure and/or wall on which they are mounted. Facade
mounted equipment shall be camouflaged by incorporating the antenna into the
design elements of the building or structure and they shall be painted and textured
to match the existing structure. If possible, antennae should be located entirely
within an existing or newly created architectural feature so as to be completely
screened from view. In no case shall antennae extend more than twenty-four (24)
inches out from the building face.
Equipment buildings or stealthing enclosures mounted on a roof shall be
architecturally consistent with the building, such as having a finish similar to the
exterior building walls. Equipment for roof-, top- or side-mounted antennae may
also be located within the building on which the antenna is mounted.
(3) The City Council may, by resolution, promulgate additional regulations that
further define and clarify the stealthing requirements of this subsection (c),
consistent with the intent and purpose of this Division.
9288.8. WAIVER REQUEST.
(a) Waiver. A waiver of any of the location, desigm or other requirements and restrictions
set forth in this Division, may be granted by the Planning Commission or Development
Services Director, whichever is applicable, upon the request of the applicant, where the
applicant demonstrates that such restriction or requirement either:
(1) Prohibits or has the effect of prohibiting the provision of wireless communication
services pursuant to the United States Telecommunications Act of 1996 (47
U.S.C. §332(c)(7)(B)(i)(II)); or
(2) Unreasonably discriminates against the applicant when compared to other
providers within the City who are providing functionally equivalent wireless
communication services pursuant to the United States Telecommunications Act of
1996 (47 U.S.C. §332(c)(7)(B)(i)(I)).
(b) Independent Consultant. Any application for a waiver shall include the applicant's
authorization for the City to retain the services of an independent, qualified consultant, at
the applicant's expense, to evaluate the issues raised by the waiver request. The
application shall include a monetary deposit, as set by resolution of the City Council, and
an agreement by the applicant to reimburse the City for all reasonable costs associated
with the consultation.
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9288.9. FINDINGS FOR DENIAL.
Any decision to deny, in whole or in part, a conditional use permit, architectural design review or
encroachment permit to place, construct or modify a wireless communication facility shall be in
writing and supported by substantial evidence contained in the written record.
(a) A conditional use permit, azchitectura] design review or encroachment permit, whichever
is applicable, shall be approved unless it is determined that:
(1) The applicant has failed to provide any information required in Section 9288.4;
(2) The proposed wireless communication facility fails to comply with the criteria of
Sections 9288.6 and 9288.7;
(3) In the case of a conditional use permit, the Planning Commission cannot make the
findings required by Section 9275.1.2 of this Code, or, in the case of an
encroachment permit, the Development Services Director has grounds for denial
pursuant to Section 7300.4 of this Code.
(4) In the case of a new wireless communication facility, co-location at a site with an
existing wireless communication facility is feasible.
(b) Any decision to deny, in whole or in part, a conditional use permit, azchitectural design
review or encroachment permit to place, construct or modify a wireless communication
facility shall also indicate one of the following:
(1) The applicant did not request a waiver from the requirements of this Division; or
(2) The applicant did request a waiver from the requirements of this Division, but
failed to present sufficient evidence that the requirements and restrictions of this
Division either have the effect of prohibiting wireless communication services or
unreasonably discriminate against the applicant, pursuant to Section 9288.8.
9288.10. STANDARD CONDITIONS OF APPROVAL.
In addition to conditions of approval which may be imposed in order to ensure compliance with
this Code, the following standard conditions shall be imposed on any conditional use permit,
architectural design review or encroachment permit issued pursuant to this Division:
(a) The applicant shall defend, indemnify and hold harmless the City and its officers, agents
and employees form any claim, action or proceeding against the City or its officers,
agents or employees to attack, set aside, void or annul any approval under this Division.
The applicant shall further defend, indemnify and hold harmless the City, its officers,
agents and employees from any damages, liabilities, claims, suits, or causes of action of
any kind or form, whether.for personal injury, death or property damage, arising out of or
in connection with the activities or performance of the applicant, its agents, employees,
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licensees, contractors, subcontractors or independent contractors, pursuant to the approval
issued by the City.
(b) For all wireless communication facilities located within the public right-of--way, the
applicant shall remove or relocate, at applicant's expense and without expense to the
City, any or all of its wireless communication facilities, by reason of any change in grade,
alignment or width of any public right-of--way, installation of services, water pipes,
drains, storm drains, lift stations, power or signal lines, traffic control devices, public
right-of--way improvements, or any other construction, repair or improvement to the
public right-of--way.
(c) Where a wireless communication facility site is capable of accommodating a co-located
facility upon the same site, the owner or operator of the existing facility shall allow
another carrier to co-locate its facilities and equipment thereon, upon reasonable terms
and conditions mutually agreeable between the parties.
(d) The City may require the applicant to annually submit a written report prepared by a
qualified engineer, certifying that the facility continues to comply with all applicable
federal, state and local regulations.
9288.11. REVOCATIONS.
(a) At any time, the City may initiate proceedings to revoke an approval issued pursuant to
this Division.
(b) The following shall constitute grounds for revocation for an approval issued pursuant to
this Division:
(1) The owner or operator has abandoned the wireless communication facility; or,
(2) The wireless communication facility is no longer in compliance with its
respective conditions of approval, with the requirements of this Division, or with
any other applicable law; or
(3) The wireless communication facility is no longer in compliance with applicable
FCC or FAA regulations.
(c) The Planning Commission may revoke a conditional use permit only after holding a
noticed public hearing in accordance with Section 9275.2.15 of this Code.
(d) After a final revocation decision has been rendered, the owner or operator of the wireless
communication facility shall terminate operations and remove the wireless
communication facility from the site in accordance with Section 9288.14.
(e) Any decision of the Planning Commission or Development Services Director to revoke
maybe appealed pursuantto Section 9288.3(e) of this Division.
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9288.12. MAINTENANCE REQUIREMENTS.
All wireless communication facilities shall comply at all times with the following operation and
maintenance standazds:
(a) Equipment. All facilities, including antennae, mounts, wires, conduit, lighting, fences,
shields, cabinets, poles and stealthing materials (including artificial foliage), shall be
maintained by the owner or operator in good repair, free from trash, debris, litter and
graffiti and other forms of vandalism, and any damage from any cause shall be repaired
as soon as practicable so as to minimize occurrences of dangerous conditions or visual
blight. All trash, debris, litter and graffiti shall be removed by the owner/operator within
forty-eight (48) hours following notification from the City.
(b) Landscaping. Each facility which contains trees, foliage or other landscaping elements,
whether or not used as stealthing, shall be maintained in good condition at all times, and
the owner or operator of the facility shall be responsible for replacing any damaged, dead
or decayed landscaping as soon as practicable, and in accordance with the approved
landscape plan.
(c) Inspections. Each owner or operator of a facility shall routinely and regularly inspect
each site to ensure compliance with the standards set forth in this Division. Further, the
Development Services Director, or designee, may, upon providing reasonable advance
notice to the owner or operator, conduct an inspection of a facility to verify compliance
with the provisions of this Division.
(d) To ensure compliance with this Division, the owner or operator of a facility shall affix a
label or marker to the facility in a prominent location that identifies the facility and
provides a telephone number that may be called to report any damage, destruction,
graffiti or vandalism to the facility.
(e) Backup Generators. Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between the hours of 10:00
p.m. and 7:00 a.m.
9288.13. "CELLS ON WHEELS" PROHIBITED/EMERGENCY DEPLOYMENT.
"Cells on wheels" or other mobile wireless communication facilities are prohibited in all zones,
except for the duration of a telecommunications emergency declared by the City.
9288.14. ABANDONMENT AND REMOVAL.
(a) Notice of Abandonment. Where an owner or operator intends to abandon a wireless
communication facility or portion thereof, the owner or operator shall notify the City by
certified U.S. mail of the proposed date of abandonment or discontinuation of operations
and the date the facility shall be removed. The notice shall be given not less than sixty
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(60) days prior to abandonment. Failure to give notice shall not affect the owner's or
operator's obligation to remove an abandoned facility.
(b) Removal Due to Utility Undergrounding. All facilities located on a utility pole or
structure shall be promptly removed at the owner's or operator's expense at the time a
utility is scheduled to be undergrounded.
(c) Removal. Upon abandonment, revocation, or other lawful order of any federal, state or
local agency to terminate facility operations, the owner or operator shall physically
remove the facility or terminated/abandoned elements within thirty (30) days following
the date of abandonment or termination of use. "Physically remove" shall include, but
not be limited to:
(1) Removal of antennae, mounts, equipment cabinets and security barriers from the
subject site;
(2) Transportation of the antennae, mounts, equipment cabinets and security barriers
to an appropriate repository;
(3) Restoring the site to its natural condition except for retaining the landscaping
improvements and any other improvements at the discretion of the Development
Services Director.
(d) Stay. The Development Services Director may stay the requirement to remove an
abandoned/terminated wireless communication facility upon written request and evidence
submitted by the owner or operator that another wireless provider is in reasonable
negotiations to acquire and use the wireless communication facility.
(e) If an owner or operator of an abandoned wireless communication facility fails to
physically remove the facility and all related equipment within the time frames set forth
herein, the City may do so at the owner/operators expense.
9288.15. VIOLATION/PENALTY.
(a) Any owner or operator of a wireless communication facility that violates the terms of this
Division shall be guilty of a misdemeanor, punishable in accordance with Section 1200 of
this Code.
(b) Civil Action/Nuisance Abatement. In addition to the above, if an owner or operator of a
wireless communication facility violates the terms of this Division, the City may pursue
any and all civil remedies available at law or equity, including but not limited to
injunctive relief or initiation of a nuisance abatement action pursuant to this Code.
(c) Costs of Action. All costs of taking action to enforce the terms of this Division shall be
the responsibility of the owner or operator of the wireless communication facility."
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SECTION 2. Section 9275.1.11 of Division 5, Part 7, Chapter 2 of Article IX of the
Arcadia Municipal Code is hereby amended in its entirety to read as follows:
9275.1.11. SAME.
"Wireless Communication Facilities, as set forth in Sections 9288 et seq"
SECTION 3. Division 6, Part 8, Chapter 2 of Article IX of the Arcadia Municipal Code
is hereby amended in its entirety to read as follows:
"DIVISION 6.
DIRECT BROADCAST SATELLITE ANTENNAS
9286. PURPOSE.
The purpose of this division is to establish construction and maintenance standards and
regulations for direct broadcast satellite (DBS) antennas installed in any zone which are
accessory to the primary use of the subject sites. Such standards and regulations shall be such as
to reasonably restrict and minimize any detrimental effects of the location and design of such
DBS antennas on the occupants of adjoining properties and the neighborhood, and community
consistent with the following findings:
1. There has been an increasing number of DBS antennas erected within the City;
this form of antenna has increased in popularity, particularly in the areas of the City not served
by cable television. It is anticipated that this will continue in view of current communications
technology. Numerous concerns have been expressed through the community with regard to
such DBS antennas.
2. The City of Arcadia is primarily a residential community with a high level of
property maintenance and concern for the appearance of the community.
3. The City has undertaken numerous actions which include regulations on signage,
requirements concerning landscaping, screening of structures and azchitectural treatments as well
as regulation of visual clutter, in order to preserve to the maximum extent possible the natural
and man-made scenic beauty of the City.
4. The nature of the community, its goals and objectives have entailed a significant
private and public expense to produce a community consistent with the objectives of the City's
General Plan and maintain safety in all areas of the City.
5. The installation of DBS antennas, and accessory equipment, can create visual
blight to those who reside, work and travel in the City and can endanger the life, safety and
welfare of persons and property through the hazard of collapse and create adverse economic,
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aesthetic and safety impacts inconsistent with the health, safety and general welfare of the
community.
9286.1 DEFINITIONS.
For the purpose of this Division, the following terms shall have the following meanings
(a) "Direct broadcast satellite (DBS) antenna" means any equipment providing
services such as radio, television and high-speed Internet to residential and business customers
by means of a dish, pazabolic or other antenna designed for receiving satellite transmission and
which is specifically located on the site that directly receives such service.
(b) "Small DBS antenna" means any DBS antenna that is (i) fixed (non-telescoping),
(ii) mounted to the roof, top or side of an existing building or structure, and (iii) not greater than
one meter in diameter.
9286.2 APPROVAL REQUIREMENTS.
DBS antennas shall be subject to the following approvals:
(a) Small DBS antennas which are otherwise in compliance with this Division are a
permitted use and no architectural design review shall be required.
(b) All other DBS antennas shall be subject to architectural design review by the
Development Services Director in accordance with Sections 9295 et sec . of this Code.
(c) Every DBS antenna, whether temporary or permanent, shall be subject to the
review and approval of the Building Official where required by the Building Code.
9286.3 DEVELOPMENT STANDARDS.
Every DBS antenna shall be located, designed, constructed, treated and maintained in
accordance with the standazds set forth in this Division. DBS antenna systems maybe installed,
erected and maintained within all land use zones of the city, but only in accordance with the
provisions of this Division.
9286.3.1 INSTALLATION AND SAFETY REQUIREMENTS.
(a) Every DBS antenna shall be installed and maintained in compliance with
applicable requirements of the Building Code.
(b) Whenever it is necessary to install a DBS antenna near power lines, or where
damage would be caused by its falling, a separate safety wire must be attached to the antenna
mast or tower, and secured in a direction away from the hazard. DBS antenna transmission lines
must be kept at least twenty-four (24) inches clear of utility lines.
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(c) Every DBS antenna shall be adequately grounded for protection against a direct
strike of lightning, with an adequate ground wire of the type approved by the latest edition of the
Electrical Code.
(d) The maximum diameter of any DBS antenna shall be six feet (6') unless the
Development Services Director determines that a larger diameter is required for the proper
functioning and purpose of the DBS antenna.
9286.3.2 LOCATION.
(a) No portion of any DBS antenna shall extend beyond any lot lines of the subject
site.
(b) No portion of any DB5 antenna (including mounting equipment and guy wires)
shall be located in any front yard of any lot or in any side yard on the street side of a corner lot,
except for small DBS antennas.
(c) All ground-mounted DBS antennas shall be considered to be accessory buildings
and shall conform to the setback requirement for such buildings for the respective zone in which
said DBS antenna is located.
(d) Roof-, top- or side-mounted DBS antennas may not be located in any residential
zone. Any roof-top or side-mounted DBS antenna located in a commercial, industrial or special
zone shall be located within the middle one-third ('/3) of the building upon which it is mounted,
unless said DBS antenna is otherwise completely screened from view from grade from the
adjoining properties and adjoining public rights-of--way. The restrictions of this subsection (d)
shall not apply to small DBS antennas, which may be mounted at any location on a building in
any zone.
9286.3.3 HEIGHT.
(a) In all zones DBS antennas mounted to the ground or on accessory structures shall
not exceed sixteen (16) feet in height above the grade.
(b) In commercial, industrial and special zones, roof or top-mounted DBS antennas
shall not exceed the height allowed for mechanical equipment on said building. Side-mounted
DBS antennas shall not exceed the height of the building to which they are mounted.
9286.3.4 SCREENING.
(a) DBS antennas shall not be composed of materials that are excessively bright,
shiny, garish or reflective.
(b) DBS antennas shall be screened to the maximum extent practicable through the
addition of architectural features and/or landscaping that harmonize with the elements and
characteristics of the -site upon which they are located. All ground-mounted DBS antennas
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within residential zoned property shall be screened by walls, fences or landscaping at least five
(5) feet in height obscuring visibility of the DB5 antenna from grade from the adjoining property
and from adjoining public rights-of--way. Notwithstanding the above, the requirements of this
subsection (b) shall not apply to small DBS antennas.
9286.3.5 MAINTENANCE.
(a) Every DBS antenna shall be maintained in good condition and in accordance with
all requirements of this Section.
(b) The DBS antenna shall meet all manufacturers' specifications, and shall be of
noncombustible and corrosive-resistant material. The miscellaneous hardware, such as brackets,
turnbuckles, clips or similar type equipment subject to rust or corrosion shall be protected with a
suitable coating to guazd against rust and corrosion.
(c) Every DBS antenna shall be subject to periodic reinspection. No additions,
changes or modifications shall be made to a DBS antenna, unless the addition, change or
modification is in conformity with this Division.
9286.4 NONCONFORMING USE OF DBS ANTENNAS.
(a) DBS antennas constructed prior to April 3, 2009, when revised regulations
regarding DBS antennas under Ordinance No. 2255 became effective, and which do not conform
to all of the requirements of this Division shall constitute a nonconforming use.
(b) No person shall maintain or operate any DBS antenna not fully in conformity with
the provisions of Ordinance No. 2255 after two (2) years from the effective date of Ordinance
No. 2255."
SECTION 4. Effective Date. This ordinance shall take effect thirty-one (31) days
after its adoption.
SECTION 5. Severability. If any section, subsection, subdivision, pazagraph,
sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional.
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SECTION 6. The City Clerk shall certify to the adoption of this ordinance and shall
cause a copy of the same to be published in the offtcial newspaper of said City within fifteen (15)
days after its adoption.
Passed, approved and adopted this 17th day of March, 2009.
Mayor of the City of Arcadia
ATTEST:
~~.
ity Clerk"__
,~
APPROVED AS TO FORM:
LG~ ~' ~~~"~~
Stephe P. Deitsch
City Attorney
22 2255
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2255 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 17th day of March, 2009 and that said Ordinance
was adopted by the following vote, to wit:
AYES: Council Member Amundson, Chandler, Kovacic and Wuo
NOES: None
ABSEN'T': Council Member Harbicht
,~-~
City Clerk of the City of Arcadia
23
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