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HomeMy WebLinkAbout6.3 Wireless FacilityCITY CLERK # 450-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 3, 2000 SUBJECT: ATTACHMENTS: RECOMMENDATION: PUBLIC HEARING: PA 97-046,Wireless Communication Facilities - Zoning Ordinance Amendment Report prepared by: Janet Harbin, Senior Planner and Hizabeth H. Silver, City Attorney 1 ) Resolution (amended Attachment 1 ) Adopting Finding of Exemption from CEO A 2) Zoning Ordinance Amendment (Attachment 1-A) adding Section 8.92 3) Planning Commission Report (Attachment 2) and minutes from August 22, 2000 (Attachment 2-A) 4) Planning Commission Resolution 00-55 (Attachment 3) 5) Photographs of Various Wireless Communication Facilities (Attachment 4) 1 ) Hear staff presentation 2) Open public hearing 3) Question staff 4) Close Public Hearing 5) Adopt resolution (amended Attachment 1 ~ to adopt Zoning Ordinance Amcndmcnt 6) Waive reading and introduce ordinance approving PA 97- 046 Wireless Communication Facilities - Zoning Ordinance Amendment (Attachment 1-A). DESCRIPTION: The City of Dublin is proposing an amendment to the zoning ordinance that involves the regulation of wireless communication facilities. The purpose and intent of this ordinance is to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities (e.g., antennas, personal wireless facilities, monopoles, and lattice towers) and related facilities, and to protect and promote public health, safety, community welfare and aesthetic qualities in the City. COPIES TO: ITEM NO. PA File CITY CLERK File # I'1 1 o -I 11o l AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 3, 2000 SUBJECT: PUBLIC HEARING: PA 97-046,Wireless Communication Facilities - Zoning Ordinance Amendment Report prepared by.' Janet Harbin, Senior Planner and Elizabeth H. Silver, City Attorney ATTACHMENTS: 1) Resolution (Attachment 1) Adopting Zoning Ordinance Amendment (Attachment 1-A) adding Section 8.92 2) Planning Commission Report (Attachment 2) and minutes from August 22, 2000 (Attachment 2-A) 3) Planning Commission Resolution 00-55 (Attachment 3) 4) Photographs of Various Wireless Communication Facilities (Attachment 4) RECOMMENDATION: 1) 4) 5) Hear staff presentation Open public hearing Question staff Close Public Hearing Adopt resolution to adopt Zoning Ordinance Amendment DESCRIPTION: The City of Dublin is proposing an amendment to the zoning ordinance that involves the regulation of wireless communication facilities. The purpose and intent of this ordinance is to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities (e.g., antennas, personal wireless facilities, monopoles, and lattice towers) and related facilities, and to protect and promote public health, safety, community welfare and aesthetic qualities in the City. Background: The Telecornmunications Act of 1996 redefined the telecommunications industry, reflecting the changes and rapid growth of telecommunications technologies in recent years. The 1996 Act also deregulates the industry, stimulating competition among telecommunications service providers, permitting and encouraging the entry ofproviders into new service areas. Under the Act, local zoning authorities may regulate the location and design of wireless communication facilities within their jurisdictional area through a discretionary permit process. Staff presented a COPIES TO: PA File ITEM NO. 6 ,_, 3 Act, local zoning authorities may regulate the location and design of wireless communication facilities within their jurisdictional area through a discretionary permit process. Staff presented a draft ordinance to regulate these facilities to the Planning Commission in April 1998. The draft ordinance was recommended to the City Council at that time. After consideration of the draft ordinance, the City Council requested that it be redrafted and the language simplified regarding the review process of telecommunication facilities. The draft ordinance for the Planning Commission' s review at this time is a simplified version of that considered in 1998. As part of the City' s most recent amendment of the zoning ordinance, a section was reserved for wireless communication facilities. Attachment 1-A of the staff report is a draft zoning ordinance that establishes zoning provisions for the~ development and installation of wireless communication facilities. These facilities include antennas, ham radio antennas, radio and television antennas, lattice towers, monopoles and personal wireless service facilities that transmit and/or receive radio frequency communication signals. These facilities all fall within the category oftetecommunications and, therefore, the City's regulation of these types of facilities must conform with state and federal law. The draft wireless communication facilities zoning ordinance would be applicable to all zoning districts, including planned development zoning districts. The main intent of this ordinance is to provide regulations that are designed to protect and promote the public health, safety, community welfare and the aesthetic quality of Dublin as set forth within the Dublin General Plan, while at the same time not improperly restricting the development of needed wireless communication facilities. The regulations encourage the placement of wireless communication facilities in areas where they can be visibly unobtrusive and easily screened such as behind existing tall buildings within commercial areas and industrial areas. The ordinance also encourages the co-location of antennas on new and existing monopole and tower sites reducing the potential for multiple siting of monopoles and towers throughout the City. Planning Commission Action: 'The Planning Commission held a public hearing on this project on August 22, 2000. At the hearing, the Planning Commission recommended minor changes in the wording of the ordinance for clarification (additions are shown with underline and deletions are shown with strikeout), and adopted a resolution recommending that the City Council adopt a Resolution approving the Zoning Ordinance Amendment regulating wireless communication facilities. ANALYSIS: Applicability of Ordinance This ordinance is applicable to all types of wireless communication facilities with the exception of antennas designed to receive video programming from direct broadcast satellite services and similar providers. Amateur radio antennas are also exempt unless the antenna exceeds a certain height. The applicant is required to submit information regarding the type and use of the antenna, the proposed location, site and design alternatives, and any other information that may be required by the Community Development Director. General Requirements All facilities are required to comply with the General Plan, any applicable specific plans, and the Municipal Code. In addition, the facilities must comply with the Uniform Building Code and any other applicable uniform code. The facilities must avoid any unreasonable interference of views from neighboring properties and observe setback lines from adjacent property lines, structures, and power lines. The facilities must be designed and located such that they are not readily visible. Further, the facilities must be designed in such a way as to insure the security and safety of the facilities. Location The ordinance requires that all wireless communication facilities shall be located so as to minimize the visibility and the number of distinct facilities present. The ordinance prohibits the installation of facilities on an exposed ridge line or at a location readily visible from 1-580, 1-680, a public trail, public park or other outdoor recreation area, or the three Eastern Dublin scenic corridors, unless the facilities blend with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible. Design Review The following design review criteria are specified in the ordinance as being required for all facilities: The facility shall be located, designed and screened to blend with the existing natural or built surroundings and existing supporting structures. bo Attached antennas shall be painted and/or textured to match the existing support structure. c. The facilities shall be constructed out of non-reflective materials. Support equipment for the facility shall be located either within a building, in a rear yard, or on a screened roof top area. All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage to be compatible with the existing architectural element and building materials, and other site characteristics. Lighting arresters and beacon lights shall not be included in the design of facilities unless required by the FAA. The facilities shall be initially painted and thereafter repainted as necessary with a "flat" paint. The City shall have authority to require specially designed features for the wireless communication facilities where findings of particular sensitivity are made. The facilities shall not be artificially lighted unless required by the FAA or other applicable authority. Facade mounted antennas and equipment shall be in scale and architecturally integrated and camouflaged with the building design in such a manner as to be visibly unobtrusive. Ground mounted satellite dishes and parabolic antenn~s shall be situated as close to the ground as possible to reduce visual impact without compromising their function. The facility shall be designed so as to be resistant to and minimize oppommities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances. m, Roof mounted antennas shall be constructed at the minimum height possible to serve the operator's service area. n, No free-standing facility or ancillary support equipment may be located between the face of a building and the public right-of-way. O, The City shall retain the authority to limit the number of antennas with related equipment and providers to be located on any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities. At the time of modification or upgrade of facilities, any equipment that replaces existing equipment will be of equal or greater technical capacity and reduced size so as to reduce visual impact. No component of any facility shall be located within the required front or side yard setbacks unless approved by an existing planning permit. The facility shall not reduce the required number of parking spaces for the project parcel. S, There are additional design standards for monopoles, lattice towers, free-standing facilities, and collocated multiple user facilities. In addition, the ordinance provides for structural, operation, and maintenance standards. Application Procedures and Review The draft ordinance encourages the placement of wireless communication facilities where adverse impacts to the community are minimal. With reduced visual impacts, these facilities are subject to reduced levels of permitting requirements. When visual impacts are likely to occur from the location of a facility, the level of permitting review increases. The ordinance's permitting framework provides an incentive for the providers of wireless communication service to conceal their facilities as much as possible, or locate them within 4 industrial zoning districts. Facilities that are totally concealed within structures, or that are located within industrial zoning districts, are either permitted, require minimal review, or require minor planning permits such as a Site Development Review Waiver. Facilities with high visibility and adjacent to areas where land use compatibility may be an issue require a higher level of planning permit review such as Site Development Review or Conditional Use Permit approval. The Community Development Director may refer any application to the Planning Commission if it is determined that a higher level of review is necessary. Radio Frequency Emission Standards and Review of Permits The burden is on the applicant to show that its facilities do not exceed the FCC's maximum permissible exposure limits for electric and magnetic field strength and power density for transmitters. Applicants will be required to submit a statement and data regarding exposure levels from their facilities. Further, given the rapid pace at which the technology associated with wireless communications equipment is advancing, a permit issued under this chapter will be reviewed by the City at a minimum of once every five years. The purpose of the review is to determine whether or not the facility complies with the then current general design standards; whether or not the facility is currently being used by the owner or operator; and, whether or not the basic contact and site information supplied by the owner or operator is current. Renewal and Revocation of Permits The owner or operator of a wireless communications facility is required to renew the permit at least every five years. The City may revoke a permit only upon making one of the findings specified in Section 8.92.130(C) of the ordinance amendment related either abandonment of the facility or that the facility is in non-compliance with general requirements or design standards for more than 180 days after a notice is issued to that affect. Further, if the facilities are not operated for a continuous period of 12 months, they shall be considered abandoned and the owner of the facilities or the owner of the property on which the facilities are located shall remove the facilities within 90 days of receipt of notice from the City. Referral to Planning Commission and Appeals The Community Development Director may refer an application to the Planning Commission if he determines that the public interest would be further served by having the Planning Commission review the matter. Any action or interpretation by the Community Development Director under the provisions of the telecommunications facility ordinance amendment may be appealed according to the zoning ordinance standard appeal provisions. Comments Received: Staff has received comments from several wireless communication facility providers. All comments received have been in favor of the ordinance amendment and positive. ENVIRONMENTAL REVIEW The Wireless Communications Facilities zoning ordinance amendment is exempt from the California Environmental Quality Act (CEQA) because there is no possibility that the revision of the zoning ordinance will have a significant effect on the environment (Section 15061 (a)(3)). All discretionary permits which are based on the zoning ordinance will receive environmental review pursuant to CEQA. RECOMMENDATION Staff recommends the City Council: 1) Open the Public Hearing on the Zoning Ordinance Amendment 2) Close the Public Hearing 3) Question staff 4) Adopt resolution to adopt the Zoning Ordinance Amendment. RESOLUTION NO. 00 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A FINDING OF EXEMPTION FROM THE PROVISIONS OF CEQA FOR PA 97-046 WIRELESS COMMUNICATION FACILITIES - ZONING ORDINANCE AMENDMENT WHEREAS, the City recognized the need to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities (e.g., antennas, . personal wireless service facilities, etc.); and WHEREAS, on September 2, 1997, the City Council adopted the revised Zoning Ordinance that added new Chapters 8.04 through 8.144 to Title 8 of the Dublin Municipal Code; and WHEREAS, the revised Zoning Ordinance reserved a section for Wireless Communication Facilities; and WHEREAS, the City is proposing a Zoning Ordinance Amendment that includes zoning ordinance provisions for the development and installation of wireless communication facilities. These standards cover the siting, designing and permitting of wireless communication facilities; and WHEREAS, the purpose and intent of the Wireless Communication Facilities - Zoning Ordinance Amendment is to protect and promote the public health, safety, community welfare and aesthetic qualities for the City of Dublin; and WHEREAS, one of the goals of the Zoning Ordinance Amendment is to encourage providers of wireless communication facilities to locate their facilities, to the maximum extent possible, in areas where the adverse impacts on the community are minimal; and WHEREAS, another goal of the Zoning Ordinance Amendment is to encourage managed development of wireless communication service infrastructure to insure Dublin's role in the evolution of technology; and WHEREAS, the Zoning Ordinance Amendment is consistent with the Dublin General Plan to the extent that the amendment promotes the protection of public health, safety, community welfare and aesthetic qualities for the City of Dublin; and WHEREAS, according to Section 15061 (a)(3) of the Califomia Environmental Quality Act (CEQA), the project is exempt from CEQA because the project will not have the potential Amended Attachment 1 for causing a significant effect on the environment. All discretionary permits which are based on the Zoning Ordinance will receive environmental review pursuant to CEQA; and WHEREAS, the Planning Commission held a duly noticed public hearing on the PA 97- 046 Wireless Communication Facilities - Zoning Ordinance Amendment on August 22, 2000, and considered all written and oral testimony submitted at the public hearing, and recommended adoption of the amendment to the City Council. WHEREAS, the City Council held a duly noticed public hearing on the PA 97-046 Wireless Communication Facilities - Zoning Ordinance Amendment on October 3, 2000, and considered all written and oral testimony submitted at the public hearing. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council hereby adopts a finding that PA 97-046 Wireless Communication - Zoning Ordinance Amendment adding Section 8.92 to the Dublin Zoning Ordinance, attached as Attachment 1-A and incorporated herein by reference, is exempt from the provisions of CEQA. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2000. AYES: NOES: ABSENT: ATTEST: Mayor g:97046\ccreso City Clerk Amended Attachment 1 RESOLUTION NO. O0 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING PA 97-046 WIRELESS COMMUNICATION FACILITIES - ZONING ORDINANCE AMENDMENT WHEREAS, the City recognized the need to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities (e.g., antennas, personal wireless service facilities, etc.); and WHEREAS, on September 2, 1997, the City Council adopted the revised Zoning Ordinance that added new Chapters 8.04 through 8.144 to Title 8 of the Dublin Municipal Code; and WHEREAS, the revised Zoning Ordinance reserved a section for Wireless Communication Facilities; and WHEREAS, the City is proposing a Zoning Ordinance Amendment that includes zoning ordinance provisions for the development and installation of wireless communication facilities. These standards cover the siting, designing and permitting of wireless communication facilities; and WHEREAS, the purpose and intent of the Wireless Communication Facilities - Zoning Ordinance Amendment is to protect and promote the public health, safety, community welfare and aesthetic qualities for the City of Dublin; and WHEREAS, one of the goals of the Zoning Ordinance Amendment is to encourage providers of wireless communication facilities to locate their facilities, to the maximum extent possible, in areas where the adverse impacts on the community are minimal; and WHEREAS, another goal of the Zoning Ordinance Amendment is to encourage managed development of wireless communication service infrastructure to insure Dublin' s role in the evolution of technology; and WHEREAS, the Zoning Ordinance Amendment is consistent with the Dublin General Plan to the extent that the amendment promotes the protection of public health, safety, community welfare and aesthetic qualities for the City of Dublin; and WHEREAS, according to Section 15061 (a)(3) of the Califomia Environmental Quality Act (CEQA), the project is exempt from CEQA because the project will not have the potential Attachment 1 /o/.~/~:> for causing a significant effect on the environment. All discretionary pennits which are based on the Zoning Ordinance will receive environmental review pursuant to CEQA; and WHEREAS, the Planning Commission held a duly noticed public hearing on the PA 97- 046 Wireless Communication Facilities - Zoning Ordinance Amendment on August 22, 2000, and considered all written and oral testimony submitted at the public hearing, and recommended adoption of the amendment to the City Council. WHEREAS, the City Council held a duly noticed public hearing on the PA 97-046 Wireless Communication Facilities - Zoning Ordinance Amendment on October 3, 2000, and considered all written and: oral testimony submitted at the public hearing. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council hereby adopts PA 97-046 Wireless Communication - Zoning Ordinance Amendment adding Section 8.92 to the Dublin Zoning Ordinance, attached as Attachment 1-A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2000. AYES: NOES: ABSENT: ATTEST: Mayor g:97046\ccreso City Clerk Attachment 1 -A ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN ADDING SECTION 8.92 TO THE DUBLIN ZONING ORDINANCE ESTABLISHING ZONING ORDINANCE PROVISIONS FOR THE DEVELOPMENT AND INSTALLATION OF WIRELESS COMMUNICATION FACILITIES THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1 follows: Chapter 8.92 is added to the Dublin Municipal Code to read as Wireless Communication Facilities 8.92.010 Purpose. The purpose of this Chapter is to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities and related facilities. These standards cover the siting, designing and permitting of wireless communication facilities. Intent. The intent of the regulations contained herein is to protect and promote public health, safety, community welfare and the aesthetic quality of Dublin as set forth within the goals, objectives and policies of the Dublin General Plan; while at the same time not unduly restricting the development of needed wireless communication facilities and amateur radio installations Goals. The goals of this Ordinance are to: Protect the visual character of the City from the potential adverse effects of wireless communication facilities development and wireless communication facility installation; Insure against the creation of visual blight within or along the City's scenic corridors and ridgelines; Encourage users of wireless communication facilities to locate them, to the maximum extent possible, in areas where the adverse impacts on the community are minimal; Encourage users of wireless communication facilities, which include equipment cabinets or shelters, to configUre them in a way that minimizes the adverse visual impact of the facilities; E. Retain local responsibility for management of the use of the public right-of-way; Enhance the ability of the provider of wireless communication services to provide such services to the community quickly, effectively and efficiently; Insure that a competitive and broad range of wireless communication services and high quality wireless communication service infrastructure are provided to serve the business community; Encourage managed development of wireless communication service infrastructure to insure Dublin's role in the evolution of technology; and Streamline the process for obtaining necessary permits for wireless communication facilities while at the same time ensuring compliance with applicable zoning, building, and safety requirements under this code. Section 8.92.020 Definitions. For purposes of these regulations, certain words and phrases shall be interpreted as set forth in this Chapter unless it is apparent from the context that a different meaning is intended. Where any of the definitions in this Chapter may conflict with definitions in Chapter 8.08 of the Dublin Zoning Ordinance, the definitions in this Chapter shall prevail for purposes of this Chapter. Antenna. The term Antenna shall mean any system of wires, poles, panels, rods, reflecting disc, or similar devices used for the transmission or reception of electromagnetic waves (or radio frequency signals) when such system is either external to or attached to the exterior of a structure, or is portable or movable. "Antenna" includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna, and shall include: Antenna - Directional (also known as "panel" antenna) which transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees. Antenna - Facade Mounted which is any antenna directly attached or affixed to the elevation of a building, tank, tower, or other structure. Antenna - Ground Mounted which is any antenna with its base, single or multiple posts or poles, placed directly on the ground or a mast less than fifteen (15) feet tall and 6 inches in diameter. Antenna - Omni-directional which transmits and/or receives radio frequency signals in a 360 degree radial pattern. Antenna - Parabolic (also known as a "satellite dish antenna") which is any device incorporating a reflective surface that is solid, open mesh, or a bar configuration that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication signals in a specific directional pattern. Antenna - Portable which is any device used to transmit and/or receive electromagnetic or radio frequency communications signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site. Community Development Director. The term Community Development Director shall mean the Community Development Director of the City of Dublin or his or her designee. Community Use or Facility. The term community use or facility shall mean any of the following uses or buildings: Place of Worship, rectory or convent; school attendance at which satisfies the requirements of the Compulsory Education Law of the State; library; college; university; public utility building or uses; pipelines and transmission lines, park and ride lots, publicly-owned storage garage, repair shop, or corporation yard; water extraction and/or storage facility; or other similar use or structure determined to be substantially similar to the above by the Community Development Director. Direct Broadcast Satellite Service (DBS). The term direct broadcast satellite service (DBS) shall mean a system in which signals are transmitted directly from a satellite to a small receiving dish whose diameter is less than one meter (39 inches) in residential zoning districts and two meters (78 inches) in commercial zoning districts. Electromagnetic. The term electromagnetic means an electromagnetic wave, which is an electrical wave propagated by an electrostatic and magnetic field of varying intensity. Emission. The term emission means the electromagnetic energy propagated from a source by radiation or conduction. Height. The term Height shall mean, when referring to antennas, monopoles or lattice towers, or other structures determined by the Community Development Director to be similar, the distance measured from ground level or facade mounted level to the highest point on the antenna facility, monopole or lattice tower, even if said highest point is an antenna or piece of equipment attached thereto. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. Hertz (Hz). The term hertz (Hz) means a measurement of frequency in cycles per second. A hertz is one cycle per second. Lattice Tower. The term Lattice Tower shall mean a self-supporting (freestanding) or guyed structure, erected on the ground, which consists of metal crossed strips or bars to support antennas and related equipment. Monopole. The term Monopole shall mean a single pole structure greater than 15 feet in height, erected on the ground or on a structure to support antennas and connecting appurtenances. Owner or Operator. The term owner or operator shall mean the person, entity or agency primarily responsible for installation and maintenance of the wireless communication facility, which may or may not be the'same person or entity which is the owner of the property on which the facility is located. Public Right-of-Way. The term public right-of-way shall mean and include all public streets and utility easements, now and hereafter owned by the City or other public entity, but only to the extent of the City or public entity's right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities. Radio Frequency (RF). The term radio frequency (RF) shall mean electromagnetic energy with wave lengths between the audio range and the light range. Electromagnetic waves transmitted usually are between 500 kHz (kilohertz - one thousand hertz) and 300 GHz (gigahertz - one billion cycles per second). Readily Visible. The term readily visible means that an object can be seen from street level by a person with normal vision, and distinguished as an antenna or other component of a wireless communication facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials. 4 R. Related equipment. The term Related Equipment shall mean all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders. Satellite Earth Stations. The term satellite earth stations shall mean a facility consisting of more than a single satellite dish or parabolic antenna that transmits to and/or receives signals from an orbiting satellite. Structure Ridgeline. The term structure ridgeline shall mean the line along the top of an existing roof or top of a structure, including existing parapets, penthouses, or mechanical equipment screens. Tower. The term tower shall mean a mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. A ground or building mounted mast greater than 15 feet tall and 6 inches in diameter supporting one or more antenna, dishes, arrays, etc., shall be considered a wireless communications tower. Wireless Communication Facilities. The term wireless communication facilities shall mean a facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area and other accessory development. Wireless Communication Facilities - Co-Located. The term wireless communication facilities - co-located shall mean a wireless communication facility owned or operated by a telecommunication service provider which is located on the same tower, building or property as another wireless communication facility owned or operated by a different wireless communication service provider. Wireless Communication Facilities - Multiple User. The term wireless communication facilities - multiple user shall mean a wireless communication facility comprised of multiple wireless communication towers or buildings supporting one or more antennas owned or used by more than one public or private entity, excluding research and development industries with antennas to serve internal uses only. Section 8.92.030 Applicability. Except as indicated in sections 8.92.030 (B) and (C) below, this Ordinance shall apply to all types of wireless communication facilities within any zoning district, including Planned Development (PD) Districts, consistent with the development regulations and planning permit requirements established under this section. Installation of any antenna and/or appurtenant equipment conforming to the specifications in this Section shall be exempt from this Ordinance, provided, however, that said antenna and/or appurtenant equipment must comply with all applicable provisions of the Dublin Municipal Code and Uniform Building Code and shall not pose a threat to the safety of any person. The Building Official is authorized to determine whether additional measures may be required to ensure that the antenna will not pose a threat to public safety, including, but not limited to, minimum separation from power lines, compliance with electrical and fire code requirements, and secure installation. The requirements imposed by this Chapter shall not apply to: Antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, multi-channel multipoint distribution providers (MMDS), or television broadcast stations (TVBS), provided that all of the following conditions are met: The antenna measures 39 inches (one meter) or less in diameter within residential districts; or 78 inches (two meters) or less in diameter within commercial and industrial zoning districts; If:l:the antenna is mounted on a mast, the mast must measureia~ less than twelve (12) feet in height; The antenna does not pose a threat to public safety, including, but not limited to, minimum separation from power lines, compliance with electrical and fire code requirements, and secure installation; The antenna is not located on a site or building with historical significance, as demonstrated by inclusion on any list of historical sites officially adopted by any local, state, or federal governmental body; To the extent feasible, the antenna is installed in a location where it is not readily visible from the public right-of-way. Amateur radio antennas that do not exceed the maximum building height for the zoning district in which it is located by more than 25 feet. Wireless communication facilities are prohibited on private property in all residential zoning districts unless specifically authorized or exempted pursuant to this Chapter. Section 8.92.040 Minimum Application Requirements The following are the minimum application requirements applicable to all wireless communication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures or other conditions of approval may also be necessary. The Planning Department may waive certain application submittal requirements if determined that said item is not necessary for evaluating the project for planning permit approval. The Community Development Director shall establish and maintain a list of information that must accompany every application for the installation of a wireless communication facilities. Said information shall include, but not be limited to, the following: Name and Address. Name, address and telephone number of the officer, agent or employee responsible for processing the application. 2. Authorization. A statement from property owner authorizing application. Description of Services. A description of the services that the applicant proposes to offer or provide in conjunction with the proposed sites. Definition of Service Area. Definition of the service area needed for coverage or capacity of a wireless communication facility and service area maps and information showing that the proposed facility would provide the needed coverage or capacity. Alternative Site Analysis. Alternative site analysis and map showing all alternate sites that were analyzed in the wireless communication service provider's site selection process and any additional sites as required by the Community Development Director from which the needed coverage could also be provided, indicating the zoning for all such sites. The analysis shall address the potential for co-location at an existing or new site. Visual Analysis. Visual impact analysis; photo simulations/montages, and/or visual impact demonstrations including mock-ups. The visual impact analysis shall include scaled elevation diagrams within the context of the building and photo simulations, and may require photo overlays, scaled models, renderings, or mockups. A map depicting where the photos were taken shall be included. 10. 11. 12. 13. 14. 15. 16. Noise. Noise impact analysis information for the proposed wireless communication facility. FCC Licenses. Documentation certifying the applicant has obtained all applicable licenses or other approvals required by the Federal Communications Commission to provide the services proposed in connection with the application. RF Emissions. Certification must be provided that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to RF emissions. Plans/Drawings. Plans and drawings for the proposed facility. Master Plan for Related Facilities. Master plan for all related facilities currently in the City and planned in the future, including information about the location, height and design of each facility within the city limits of Dublin and within one-quarter (1/4) mile therefrom. The Planning Department may share such information with other applicants applying for administrative approvals and/or use permits under this Chapter or other providers/carriers seeking to locate wireless communication facilities within the jurisdiction of the City, provided, however, that the Planning Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. Design Alternatives. Facility design alternatives to the proposal. Facilities Not Meeting General Requirements. Any application for a proposed facility which has been identified as not meeting the general requirements and design criteria shall include a narrative description and explanation of anticipated corrective measures. Landscape Plan. Where applicable, the applicant shall 'submit a plan depicting existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction and a maintenance plan (including an irrigation plan). Deposits. Deposits for peer review that will be included as part of the planning application costs. CEQA and NEPA. CEQA and NEPA compliance documentation, as required by State or Federal law. 17. 18. 19. 20, Site Information. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information on a form to be supplied by the City. Applicant shall notify the City of any changes to the information submitted within thirty (30) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following: Identity, including name, address and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility. Name, address and telephone number of a local contact person for emergencies. c. Type of service provided. Ground-Mounted and Freestanding Towers. If a ground-mounted or freestanding tower is proposed, the application must include an explanation as to why other facility types are not being considered. Monopole/Tower Application. Application for Monopoles and Lattice Towers must include following: Alternative site justification (for structures proposed for residential and commercial districts, instead of industrial districts). Justification of why proposed height and visual impact of structures within residential and commercial districts cannot be lessened on proposed site, or by use of alternate and/or additional sites. In all zones, applicant must identify all alternative sites and within those alternative sites, existing monopoles and lattice towers and those for which there are applications currently on file with the Planning Department. If co-location on any such monopole or lattice tower would result in less visual impact than the visual impact of the proposed facility, applicant must justify why such co- location is not being proposed. In all zones, applicants must demonstrate that they cannot provide service without the service of a monopole or lattice tower. Other Information. The applicant shall submit any other relevant information as required by the Community Development Director. 9 The Community Development Director is explicitly authorized at his/her discretion to employ on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this Section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any City staff review costs, which shall be charged against the planning application deposit for the project. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party, except as may be required by State law. Section 8.92.050 General Requirements. The following general requirements shall be met for all wireless communication facilities in any zoning district to the extent that the facilities are not otherwise exempted from the application of this Chapter: General Plans/Specific Plans. Any applicable General Plan Goals, Objectives, Program and Policies, Specific Plan, PD District standards, Site Development Review Guidelines, and the permit requirements of any agencies that have jurisdiction over the project; Dublin Municipal Code. All the requirements established by the other chapters of the Dublin Municipal Code that are not in conflict with the requirements contained in this Chapter; Uniform Building Code. Requirements of the Uniform Building Code; National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable; Easements. Any applicable easements or similar restrictions on the subject property; Airport Land Use. Any applicable airport land use compatibility criteria/policies and Federal Aviation Administration regulations; View Interference. All wireless communication facilities shall avoid any unreasonable interference with views from neighboring properties; Setback Distances. All setback distances shall be measured from the base of the antenna, monopole, or lattice tower closest to the applicable property line or structure; 10 H. Power Lines. At least 10 feet of horizontal clearance must be maintained between any part of the antenna and any power lines unless the antenna is installed to be an integral part of a utility tower or facility; Business License. The owner or operator of any facility shall obtain and maintain current at all times a business license issued by the City; Location. Where feasible, wireless communication facilities shall be encouraged to be located on City owned property, or controlled propcrty, or right of way, or othcr community which has been improved with other service providers' facilities, such as water tanks and other utility structures; FCC. All antennas, monopoles and lattice towers must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate wireless communication facilities. If such standards and regulations are changed, then the owners of the wireless communication facilities governed by this Chapter shall bring such facilities into compliance with such revised standards and regulations within six (:6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring wireless communication facilities into compliance with such revised standards and regulations shall constitute ground for the removal of such facilities at the owner's expense; Security. All wireless communication facilities shall maintain in place a security program when determined necessary by and subject to the review and approval of the Police Chief that will prevent unauthorized access and vandalism; Anti-Climbing Measures. Sufficient anti-climbing measures shall be incorporated into all wireless communication facilities, as needed, to reduce potential for trespass and injury; N= Concealing Shelters/Cabinets. All equipment shelters or cabinets must be concealed from public view or made compatible with the architecture of surrounding structures or placed underground; Maintaining Shelters/Cabinets. All equipment shelters or cabinets must be regularly maintained; Noise. All wireless communication facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to the residents of nearby homes and the users of nearby recreational areas, such as public parks and trails. Back-up generators shall only be operated during power outages and for testing and maintenance purposes. If the facility is located within one 11 hundred (100) feet of a residential dwelling unit, noise attenuation measures shall be included to reduce noise levels to a level of 50 dBA measured at the property line; Front of Principal Structures. Wireless communication facilities shall not be located in front of principal structures, and/or along major street frontages where they will be readily visible; Property Lines. No portion of an antenna array shall extend beyond the property lines or into the area in front of the primary building on the parcel, so as to create a negative visual impact. Section 8.92.060 Location. All wireless communication facilities shall be located so as to minimize their visibility and the number of distinct facilities present. The following measures shall be implemented for all wireless communication facilities: No wireless communication facilities shall be installed on an exposed ridgeline, or at a location readily visible from 1-580, 1-680, a public trail, public park or other outdoor recreation area, or the three Eastern Dublin scenic corridors: Tassajara Road, Fallon Road and the Interstate 580 Freeway within Eastern Dublin Specific Plan area, as defined in the Eastern Dublin Specific Plan and the Eastern Dublin Scenic Corridor Policies and Standards document; or on property designated Parks/Recreation, Neighborhood Square, Open Space, or Stream Corridor on the Dublin General Plan, unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible; No wireless communication facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the Community Development Director or Planning Commission, as appropriate, is submitted showing that this is the only technically feasible location for this facility; No monopole or lattice tower shall be installed closer than one half mile from any existing monopole or lattice tower unless technologically required (technical evidence must be submitted to the Community Development Director showing a clear need for this facility, and the infeasibility of co-locating it on one of these former approved sites), or visually preferable (i.e. blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable), or unless the Community Development Director determines that locating the facility one half mile or more from an existing monopole or tower would impact a visually sensitive area, e.g., residential district. 12 Wireless communication service monopoles/lattice towers shall be set back at least twenty percent (20%) of the monopole/tower height from all property lines, and at least one hundred (100) feet from any public trail, park, or outdoor recreation area, unless it blends with the surrounding existing natural and man- made environment in such a manner as to be effectively unnoticeable and a finding is made that no other location is technically feasible. Guy wire anchors shall be set back at least twenty (20) feet from any property line. Section 8.92.070 Design Review Criteria In addition to all other requirements set forth in this Chapter, all wireless communication facilities shall meet the following design requirements: Blend With Surroundings. Wireless communication facilities shall be located, designed and screened to blend with the existing natural or built surroundings and existing supporting structures. Based on potential aesthetic impact, the order of preference for facility type is: faCade-mounted, roof-mounted, ground-mounted and freestanding tower. If a ground-mounted or freestanding tower is proposed, the application must include an explanation as to why other facility types are not being considered. Painted to Match Support Structures. Attached antennas (antennas affixed to an existing structure that is not considered a component of the attached antenna) should be painted and/or textured to match the existing support structure. Non-Reflective Materials. Wireless communication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be screened from view by using landscaping, or materials and colors consistent with surrounding backdrop, or placed underground to all extent possible. Ancillary Support Equipment. In order of preference, ancillary support equipment for facilities shall be located either within a building, in a rear yard or on a screened roof top area. Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, or other camouflage treatment for minimal visual impact. Minimizing Visual Impact. All facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing 13 architectural elements and building materials, and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives. Lightning Arrestors and Beacon Lights. Lightning arrestors and beacon lights shall not be included in the design of facilities unless required by the FAA. Lightning arrestors and beacons shall be included when calculating the height of facilities, such as towers, lattice towers and monopoles. "Flat" Painting of Facilities. All buildings, poles, towers, antenna supports, antennas, and other components of each wireless communication facility site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that in the determination of the Community Development Director or Planning Commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a color that matches the typical sky color at that location. Special Design Requirements. The City shall have the authority to require special design features for the wireless communication facilities where findings of particular sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views and/or community features). Lighting. Poles, towers and antenna supports shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Planning Commission Community Development Director may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views, Scale/Architectural Integration. FaCade-mounted antennas and any ancillary equipment should be in scale and architecturally integrated and camouflaged with the building design in such a manner as to be visually unobtrusive. The antennas shall be painted and textured to match the existing structure, and shall not project beyond a maximum of eighteen (18) inches from the face of the building or other support structure unless allowed by a Site Development Review. Satellite Dish/Parabolic Antennas - Ground-Mounted. Satellite dish or parabolic antennas that are ground-mounted shall be situated as close to the ground as possible to reduce visual impact without compromising their function. No such antenna shall be located in any front yard, nor in a corner side yard unless the antenna is screened from pedestrian-level view. No such antenna exceeding 39 inches in diameter shall be located within a required setback 14 unless approved through a Site Development Review Waiver application upon a showing that no reasonable alternative location is available. Access. All 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. Roof Setbacks. Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator's service area. Roof mounted antennas shall be designed to minimize their visibility and maintain a 1:1 ratio for equipment setback (example: 10' high antenna requires 10' setback from facade) unless an alternative placement or design would reduce visual impact; antennas shall be treated or screened to match existing air conditioning units, stairs, elevator towers, or other background; and placing roof mounted antennas in direct line with significant view corridors shall be avoided. Public Street. No freestanding facility or ancillary support equipment may be located between the face of a building and a public street, bikeway or park, except for approved fa(~ade-mounted equipment or facilities located on existing or new permitted structures in accordance with this section. Multiple Facilities. The City shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities. Architectural and other camouflaging treatment shall be coordinated between all users on each site. Modi~cationlUpgrade of Facilities. At the time of modification or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and reduced size so as to reduce visual impact. Setbacks. Except as approved by a planning permit, no component of any facility shall be located within required front or side yard setbacks, except for facilities and related equipment not readily visible, mounted on existing or new structures already allowed by the Dublin Zoning Ordinance. No facility component shall be located so that it straddles a property line. Parking. Proposed wireless communication facilities shall not reduce the required number of parking spaces for the project parcel. Section 8.92.080 Standards For Monopoles, Lattice Towers and Freestanding Facilities 15 Antennas on monopoles and lattice towers may not extend more than fifteen (15) feet above their supporting structure. All monopoles and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation. Freestanding facilities, including towers, lattice towers and monopoles, shall be restricted to a maximum height of 65 feet when located adjacent to residentially zoned properties. Facilities shall be setback at a ratio of 2 horizontal feet for every I foot in height. The facility shall not be readily visible to the nearest residentially zoned property. D. No more than one monopole shall be located on any residentially zoned lot. Co-location is to be encouraged when it will decrease visual impact and discouraged when it will increase negative visual impacts. F. Monopole siting shall not create visual clutter or negatively affect specific views. Monopoles and lattice towers shall be screened from public view whenever possible. Site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zoning district as much as possible. Monopoles and lattice towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area. Wireless communication lattice towers shall be constructed out of metal or other non-fiammable material. Section 8.92.090 Co-Located and Multiple-User Facilities Whenever technically feasible, wireless telecommunication service providers are encouraged to co-locate wireless communication facilities in order to reduce adverse visual impacts; however, the City discourages the development of "antenna farms" or the clustering of multiple antennas on a single monopole, tower or other elevation, unless the site is determined to be suitable based on the following factors: 1. Compliance with all FCC RF emission standards; 2. Visibility from residentially zoned property; 16 Visibility from major arterial streets, scenic corridors, right-of-way of freeways, or the areas listed under Section 8.92.060 of this Chapter. Visibility from the Downtown Specific Plan area or other area declared by the Community Development Director to be visually sensitive; and 5. Lack of aesthetically preferable feasible alternatives. Facilities which are not proposed to be co-located shall provide a written explanation of why the subject facility is not a candidate for co-location. Co-located and multiple-user wireless telecommunication facilities may be required when in the determination of the Community Development Director or Planning Commission it is technically feasible and appropriate and will minimize overall visual impact to the community. When determined to be technically feasible and appropriate, unutilized space should be made available for co-location of other wireless communication facilities, including space for entities providing similar, competing services. Co- location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility, or if it became necessary for the host to go off-line for a significant period of time. Section 8.92.100 Structural Standards All wireless communication facilities shall, at all times, comply with all applicable requirements of the Uniform Building Code in effect on the date the building permit is issued. Thereafter, upon renewal of the permit, the Building Official may, at his or her discretion, require the facility to be upgraded to meet then-current requirements if it is deemed necessary to protect the public health, safety and welfare. Section 8.92.110 Operation and Maintenance Standards. All wireless communication facilities shall comply at all times with the following operation and maintenance standards: All facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained 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 reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of notification by the City. 17 Each facility which contains trees, foliage or other landscaping elements, whether or not used as screening, 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 promptly as reasonably possible. Each facility for which a landscape plan was required and approved shall maintain the facility and site in accordance with the approved landscape plan at all times. Amendments or modifications to the plan shall be submitted for approval to the Community Development Director. Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. 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. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section. Section 8.92.120 Radio Frequency Emission Exposure No wireless communication facility shall be sited or operated in such a manner that it poses, whether by itself or in combination with other such facilities, a potential threat to public health. To that end no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, county, the state of California, or the federal government. Initial compliance with this requirement shall be demonstrated for any facility within 300 feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc. and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, calculations specifying MPE levels in the inhabited area where the levels produced are projected to be highest. If these calculated levels exceed 80% of the MPE limits, the applicant shall hire a qualified electrical engineer licensed by the state of California to measure exposure levels at the location after the facility is in operation. A report of these measurements and the engineer's findings with respect to compliance with MPE limits shall be submitted to the Community Development Director. The facility 18 shall not commence normal operations until it complies with, or has been modified to comply with this standard. Proof of compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant's expense, independent verification of the results of the analysis. Every wireless communication facility within 300 feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the MPE limits. Every five (5) years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the Community Development Director. If either the equipment or effective radiated power has changed, calculations specifying exposure levels in the inhabited areas where the levels are projected to be highest shall be prepared. Calculations shall also be prepared every time the adopted MPE limits change. If calculated levels in either of these cases exceed 80% of the MPE limits, the operator of the facility shall hire a qualified electrical engineer licensed by the state of California to measure the actual exposure levels produced. A report of these calculations, required measurements, if any, and the engineer's findings with respect to compliance with the Current MPE limits shall be submitted to the Community Development Director within five (5) years of facility approval and every five (5) years thereafter. In the case of a change in limits, the required report shall be submitted within ninety (90) days of the date the change becomes effective. Failure to supply the required reports or to remain in continued compliance with the MPE limits shall be grounds for revocation of the discretionary permit. Section 8.92.130 Permit Review, Renewal and Revocation Procedures The City finds that the technology associated with wireless communication equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipate the wireless communication antennas and related equipment with reduced visual impacts will be available from time to time with comparable or improved coverage and capacity capabilities. The City further finds that it is in the interest of the public health, safety and welfare that wireless communication providers be required to replace older facilities with newer equipment of equal or greater capacity and reduced visual impacts as technological improvements become available. Therefore, any permit issued pursuant to this chapter authorizing establishment of a wireless communication facility shall be reviewed by the Community Development Director at a minimum of once every five (5) years. The purpose of the review is to determine whether or not the facility complies with the then-current general design standards; whether or not the facility is currently being used by the owner or operator; and whether or not the basic contact and site information supplied by the owner or operator is current. 19 Bo Every owner or operator of a wireless communication facility shall renew the facility permit at least every five (5) years from the date of initial approval. If a permit or other entitlement for use is not renewed, it shall automatically become null and void without notice or hearing five (5) years after it is issued, or upon cessation of use for more than a year and a day, whichever comes first. Unless a new permit or entitlement of use is issued, within one hundred twenty (120) days after a permit becomes null and void, all improvements, including foundations and appurtenant ground wires, shall be removed from the property and the site restored to its original pre-installation condition within one hundred eighty (180) days of non-renewal or abandonment. At any time, the Community Development Director may initiate proceedings to revoke a permit issued pursuant to this Chapter. Grounds for revocation shall be limited to a finding that the owner or operator has abandoned the facility;. the facility is no longer in compliance with either the general requirements or design standards of the Chapter and the owner or operator has failed to bring the facility into compliance within one hundred eighty (180) days after a notice has been sent by the Community Development Director requiring the facility to be brought into compliance; the facility is no longer in compliance with applicable FCC or FAA regulations; the use is no longer permitted in the zoning district in which it is located; the facility has not been upgraded to reduce or minimize its impact to the extent reasonably permitted by the technology available at the time of renewal; or if the Director determines that revocation would be in the best interests of the public health, safety or welfare. Upon making a determination that the permit should be revoked, the Director, may at his or her discretion, follow enforcement procedures pursuant to Chapter 8.144 of the Zoning Ordinance. Section 8.92.150 Public Rights-of-Way No approval granted hereunder shall be effective until applicant has received an encroachment permit pursuant to Chapter 7.04 of the Dublin Municipal Code that sets forth the particular terms and provisions under which the approval to occupy and use the public rights-of-way of the City will be granted if occupancy of the public right-of-way is desired or required. Section 8.92.160 Indemnity and Liability for Damages The wireless communication facility service provider shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees from any claim, action or proceeding against the City, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time 20 period provided for in applicable state and/or local statutes. The City shall promptly notify the wireless communication service provider(s) of any such claim, action or proceeding. The City shall have the option of participating in the defense. Nothing contained in this stipulation shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith. The wireless communication facilities lessors and lessees shall be strictly liable for any and all sudden and accidental pollution and gradual pollution resulting from their use within the City of Dublin, except that the lessor and lessee shall not be liable for any damages attributed to the negligent acts of the City. This liability shall include cleanup, intentional injury or damage to persons or property. Additionally, lessors and lessees shall be responsible for any sanctions, fines, or other monetary costs imposed as a result of the release of pollutants from their operations. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, electromagnetic waves and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Section 8.92.170 Removal of Abandoned Antennas and Towers. Any wireless communication facilities that are not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such facilities or the owner of the property upon which the facilities are located shall remove the same within ninety (90) days of receipt of notice from the Community Development Director notifying the owners of the removal requirement. If such facilities are not removed within the ninety (90) days, the Community Development Director may cause the antenna or tower to be removed at the expense of the owners of the facilities and the property. If there are two (2) or more users of a single tower, the tower shall not be deemed abandoned and shall not be subject to these provisions until all users have abandoned the facility. Section 8.92.180 Referral to Planning Commission The Community Development Director may refer an application submitted pursuant to the provisions of this Chapter to the Planning Commission if he/she determines that the public interest would be furthered by having the Planning Commission review the matter. Section 8.92.190 Appeals Any administrative action or interpretation by the Community Development Director pursuant to this Chapter may be appealed as provided in Chapter 8.136 of this Code. SECTION 2: SEVERABILITY 21 In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3: PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this __ day of __, 2000, by the following votes: Ayes: Noes: Absent: Abstain: Attest: Mayor City Clerk J :\WPD~V1 nrsw\l 14\001 ~2000\Ord\wirelesscommord.0516(clean).doc 22 AGENDA STATEMENT' PLANNING COMMISSION MEETING DATE: August 22, 2000 SUBJECT: ATTACHMENTS: RECOMMENDATION: PUBLIC HEARING PA 97-046,Wireless Communication Facilities - Zoning Ordinance Amendment (Report prepared by: Janet Harbin, Senior Planner and Elizabeth H. Silver, City Attorney) 1 ) ResolutiOn (Attachment 1 ) Recommending AdoptiOn of Zoning Ordinance Amendment (Attachment l-A) adding Section 8.92 2) Photographs of Various Wireless Communication Facilities 1 ) Open public hearing 2) Provide comments on draft zoning ordinance amendment 3) Adopt resolution to recommend to the City Council DESCRIPTION: The City of Dublin is proposing an amendment to the .zoning ordinance that involves the regulation of wireless communication facilities. The purpose and intent of this ordinance is to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities (e.g., antennas, personal wirelessfacilities, monopotes, and lattice towers) and related facilities. and to protect and promote public health, safety, community welfare and aesthetic qualities in the City. Background: The Telecommunications Act of 1996 redefined the telecommunications industry, reflecting the ..changes and rapid growth of telecommunications technologies in recent years. The 1996 Act also deregulates the industry, stimulating competition among-telecommunications service providers,. permitting and encouraging the entry of providers into new: service areas. Under the Ac% local zoning authorities may regulate the location and design of wireless communication facilities within their jurisdictional area through a discretionary permit process. Staff presented a draft ordinance to regulate these facilities to the Planning Commission in April 1998. The draft ordinance was recommended to the City Council at that time. After consideration of the draft ordinance,: the City Council requested that it be redrafted and the language simplified regarding the review-process of telecOmmunicat{on .facilities~ The draft ordinance for the Planning Commission' s review at this time is a simplified version of that considered in 1998. As part of the City' s most recent amendment of the zoning ordinance, a section was reserved for wireless communication facilities. Attachment 1-A of the staff report is a draft zoning ordinance that establishes zoning provisions for the development and installation o~'WirelesS communication facilities. These facilities include antennas, ham radio antennas, radio and television antennas, lattice towers, monopoles and personal wireless service facilities that transmit and/or receive radio frequency communication signals. These facilities all fall within the category oftelecommuniCations and, therefore, the City~s regulation of these types of facilities must conform with ~tate and federal law~ The draft wireless communication facilities zoning ordinance would be applicable to all zoning districts, including planned development zoning districts. The main intent of this ordinance is to prbvide regulations that are designed to protect and promote the public health, safety, community welfare and the aesthetic quality of Dublin aS set forth within the Dublin General Plan, while at the Same time not improperly restricting the :deVelopment 0fneeded wireless communication facilities. The regulations encourage the placement of wireless communication facilities in areas where they can be visibly unobtrusive and easily screened such as behind existing tall buildings within commercial areas and industrial areas. The ordinance also encourages the collocation Of antennas on new and existing monopole and tower sites reducing the potential for multiple siting of monopoles and towers throughout the City. ANALYSIS: Applicability of Ordinance This ordinance is applicable to all types of wireless communication facilities with the exception of antennas designed to receive video programming from direct broadcast satellite services and similar providers.. Amateur radio antennas are also exempt unless the antenna exceeds a certain height. The applicant is required to: submit information regarding the type and use of the antenna, the proposed location, site and design alternatives~ and any other information that may be required by the Community Development Director. General Requirements All facilities are required to comply with the General Plan, any applicable specific plans, and the Municipal Code. In addition, the facilities must comply with the Uniform Building Code and any other applicable uniform code. The facilities must avoid any unreaSon.able interference of Views from neighboring properties and observe setback lines from adjacent property lines, structures, and power lines. The facilities must be designed and located such that they are not' readily visible. Further, the facilities must be designed in such a way as to insure the security-and safety of the facilities. Location The ordinance requires that all wireless communication facilities shall be located so aS to minimize the visibility and the number of distinCt facilities present. The Ordinance prohibits the installation of faCiiffies on an exposed ridge line or at a location readily visible from 1-580, I;680, a public trail, public park or other outdoor recreation area, or the three Eastern Dublin scenic corridors, unless the facilities blend with the surrounding existing natural and manmade environment in such a manner as to be effectively urmoticeable and a finding is made that no other location is technically feasible. Design Review The following design review criteria are specified in the Ordinance as being required for all facilities: The facility Shall be located, designed and screened to blend with the existing natural or built surroundings and existing supporting structures. b. Attached antennas shall be painted and/or textured to match the existing support structure. c. The facilities shall be constructed out of non-refleCtive materialS'. Support equipment ' fOr the facility shall be located either within a building, in a rear yard, or on a screened roof top area. e, All facilities shall be designed to minimize the visual impact to the greatest extent feasible. considering technological requirements, by' means of placement, screening, and camouflage to be compatible with the existing architectural element and building materials, and other site characteristics. Lighting arresters and beacon lights shall not be included in the design of facilities unless required by the FAA. The facilities shall be initially painted and thereafter repainted aS necessary with a paint. The City shall have authority t0 require specially designed features for the wireless co~m~ie.ation facilities where findings of particular senSitiVity are' made. The facilities shall not be artificially lighted unless required by the FAA or other applicable authority. j, Facade mounted antennas and equipment shall be in scale and architecturally integrated and camouflaged with the building design in such a manner as to be visibly unobtrusive. Ground mounted satellite dishes and parabolic antennas shall be situated as close to the ground as pOsSible to reduce visual impact without compromising their function. The facility shall be designed sO as tO be resistant to and minimize opportunities for unauthorized. accesss climbing, vandalism, graffiti, and other conditiOnS which would result in hazardous conditions, visual blight, or attractive nuisances. m, Roof mounted antennas shall be constructed at the minimum height possible to serve the operator's service area. n, No free-standing facility or ancillary support equipment may be located between the face of a building and the public right-of-way. O, p, The City shall retain the authority to limit the number of antennas with related equipment and providers to be located on any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities. At the time of modification or upgrade of facilities, any equipment that replaces existing equipment will be of equal or greater technical capacity and reduced size so as to reduce visual impact. q, No component of any facility shall be located within the required front or side yard setbacks unless approved by an existing planning permit. r. The facility shall not reduce the required number of parking spaces for the project parcel. There are additional design standards for monopoles, lattice towers, free-standing facilities, and collocated multiple user facilities. In addition, the ordinance provides for structural, operation, and maintenance standards. Application Procedures and Review The draft ordinance encourages the placement of wireless communication icacilities where adverse impacts to the community are minimal. With reduced visual impacts, these facilities are subject to reduced levels of permitting requirements. When visual impacts are likely to occur from the location of a facility, the level of permitting review increases. The ordinance's permitting framework provides an incentive for the providers of wireless communication service to conceal their facilities as much as pOSsible, or locate them within industrial zoning districts. Facilities that are totally concealed within structures, or that are located within industrial zoning districts, are either permitted, require minimal review, or require minor planning permits such as a Site Development Review Waiver. Facilities with high visibility and adjacent to areas where land use compatibility may be an issue require a higher level of plarming permit review such as Site-Development Review or Conditional Use Permit approval. The Community Development Director may refer any application tO the Planning Commission if it is determined that a higher level of review is necessary. Radio Frequencv Emission Standards and Review of Permits The burden is on the applicant to show that: its facilities do not exceed the FCC's maximum permissible exposure limits for electric and magnetic field strength and power density for transmitters. Applicants will be required to submit a statement and data regarding exposure levels from their facilities. Further, given the rapid pace at which the technology associated with wireless communications equipment is advancing, a permit issued under this chapter will be reviewed by the City at a minimum of once every five years. The purpose of the review is to determine whether or not the facility complies with the then current general design standards; whether or not the facility is currently being used by the owner or operator; and, whether or not the basic contact and site information supplied by the owner or operator is current. Renewal and Revocation of Permits The owner or Operator of a wireless communications facility is required to renew the permit at least every five years. The City may revoke a permit only upon making one of the findings specified in Section 8.92.130(C) of the ordinance amendment related either abandonment of the facility or that the facility is in non-compliance with general requirements or design standards for more than 180 days after a notice is issued to that affect. Further, if the facilities are not operated for a continuous period of 12 months, they shall be considered abandoned and the owner of the facilities or the owner of the property on which the facilities are located shall remove the facilities within 90 days of receipt of notice from the City. Referral to Planning Commission and Appeals The Community Development Director may refer an application to the Planning Commission if he determines that the public interest would be further served by having the Planning Commission review the matter. Any action or interpretation by the Community Development Director under the provisions of the telecommunications facility ordinance amendment may be appealed according to the zoning ordinance standard appeal provisions. ENVIRONMENTAL REVIEW The:Wireless Communications Facilities zoning ordinance amendment is exempt from the California Environmental Quality Act (CEQA) because there is no possibility that the revision of the zoning ordinance will have a significant effect on the environment (Section 15061 (a)(3)). All discretionary permits which are based on the zoning ordinance will receive environmental review pursuant to CEQA. RECOMMENDATION Staff recommends the Planning Commissioni 1 ) Open the Public Hearing on. the draft zoning ordinance amendment 2) Provide comments to staff 3) Adopt resolution to recommend adoption of the draft zoning ordinance amendment to the City Council. 5 A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August, 22, 2000, in the Dublin Civic Center City Council Chambers. Chairperson Hughes called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Hughes, Oravetz, Jennings, Johnson, and Musser; Eddie Peabody Jr., Community Development Director; Dennis Carrington, Senior Planner; Janet Harbin, Senior Planner; Anne Kinney, Associate Planner; and Maria Carrasco, Recording Secretary. PLEDGE OF ALLEGIANCE TO THE FLAG Cm. Hughes led the Commission, Staff, and those present in the pledge of allegiance to the flag. The minutes from the August 8, 2000 meeting were approved with one minor correction. ADDITIONS OR REVISIONS TO THE AGENDA - None ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS - None PUBLIC HEARING- 8.1 Public Hearing PA 99-064 Quarry Lane School Planned Development (PD) Prezone and Annexation continued from the August 8, 2000 Planning Commission meeting. Cm. Hughes explained that the public testimony for PA 99-064 Quarry Lane School was heard at the August 8, 2000 Planning Commission meeting. The project was continued to this meeting to allow Staff additional time to address letters received by the City. He asked for the staff report. Ms. Kinney presented the staff report. She stated that the project is the Quarry Lane Prezoning and Annexation. The public hearing for the project was held at the previous Planning Commission meeting of ~,hnnm~ commission Reffthr ~teet~n,3 ' 99 AuSust 22, 2ooo ATTACHMEW' August 8, 2000. The public heating was closed at that meeting and continued to tonight's meeting. At that meeting Staff presented the project, answered questions and public testimony was taken. Staff requested additional time to respond to comment letters received by the City regarding the environmental document for the project. Staff has responded to the letters, and included them in the staff report. She stated that Staff recommends Planning Commission adopt the three resolutions recommending City Council approval. Cm. Hughes asked if anyone had any questions for Staff; hearing none he asked for a motion. On motion by Cm. Musser, seconded by Cmo Oravetz, and with a vote of 5-0 the Planning Commission unanimously adopted RESOLUTION NO. 00-51 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR PA 99-064 RESOLUTION NO, 00-52 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) PREZONE AND DEVELOPMENT PLAN FOR QUARRY LANE SCHOOL AND A PLANNED DEVELOPMENT (PD) PREZONE FOR THE KOBOLD PROPERTY (PA 99-064) RESOLUTION NO. 00-53 A RESOLUTION OF THE PLANNING COMMISSION RECOMME-ND~NG-THAT' 'THE' CITY COUNCIL DIRECT STAFF TO FILE AN APPLICATION WITH THE ALAMEDA COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCo) FOR ANNEXING 13.7 ACRES LOCATED WITHIN THE EASTERN DUBLIN PLANNING AREA TO THE CITY OF DUBLIN AND DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) AND INVOLVED IN THE PLANNED DEVELOPMENT (PD) PREZONING REQUEST FILED UNDER PA 99-064 Phnnt~ cornmtsston 1 oo Au,~ust 22, 2ooo ne, Bukr ~eeung 8.2 Public Hearing PA 98-062 Greenbriar Development Agreement Ordinance approving the Development Agreement between the City of Dublin and Greenbriar Homes Communities, Inc. Cm. Hughes asked for staff report. Mr. Carrington presented the staff report. He stated that the draft Development Agreement is between the City of Dublin and Greenbriar Homes Incorporated. The Planning CommiSsion and City Council approved the Greenbriar project in March 2000. The Development Agreement is a requirement of the Eastern Dublin Specific Plan and will have a term of five years. Some of the issues included in the agreement are traffic fees, noise mitigation fees, fire impact fees, and landscaping maintenance throughout the project site. He stated that Staff recommends the Planning Commission adopt the resolution recommending City Council approval and concluded his presentation. Cm. Hughes asked if anyone had any questions for Staff; hearing none he asked if the Applicant was available. Tim Quitre, Applicant stated that he has worked very closely with Staff and was available to answer any questions. Cm. Hughes asked if anyone had any questions; hearing none, he closed the public hearing and asked for a motion. On motion by Cm. Oravetz, and seconded by Cm. Johnson, with a vote of 5-0 the Planning Commission unanimously adopted RESOLUTION NO. 00-54 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 98-062 THE GREENBRIAR PROJECT 8.3 PUbli~ H~'ing PA 97-046 Wireless Communi~atioh Facili~e~ - Zoning OrdinanCe Amendment to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities (e.g., antennas, personal wireless service facilities, monopoles, lattice towers, etc.). Cm. Hughes asked for staff report. Ms. Harbin presented the staff report. She explained that Staff is proposing an amendment to the Zoning Ordinance that will include zoning provisions for the development and installation of wireless communication facilities. The Planning Commission originally considered regulations on wireless communication in April 1998. The City Council recommended the ordinance be simplified and make the permit process easier to understand. The ordinance provisions will cover the siting, design and permitting Phnntn,3 commission 1 o 1 Aud~st z2, zooo Re~lar ~eetin~J of wireless communication facilities. The City's main purpose for establishing these zoning Standards is to protect and promote public health, safety, eommtmity welfare and the aesthetic quality of Dublin as set forth within the goals and objectives of the City's General Plan. With the emergence of new wireless communication facilities and the passage of the Telecomm Act of 1996, Staff determined an immediate need to establish zoning regulations for Dublin. The ordinance will cover such issues as application requirements, general and location requirements, design review criteria, basic development requirements for satellite dish antennas, and standards for monopoles and lattice towers, etc. Ms. Harbin displayed overheads for the Commissioners on antennas located on freestanding signs and building mounted antennas, and antennas placed on public facility structures, such as reservoirs and light standards. She asked if the Commission had any questions. Cm. Oravetz asked who would profit from an antenna placed on public school grounds. Ms. Harbin responded the School District would profit from a lease agreement with the telecommunication prorider. Cm. Hughes asked how many wireless communication antennas are currently in Dublin. Mr. Peabody responded over 50 antennas and many of them are hidden behind the parapet of some buildings. Cm. Hughes asked if locating the antennas on top of buildings was normal for most cities in this region. Mr. Peabody stated yes. Ms. Harbin showed an overheM of a monopole with several antennas attached. The draft ordinance will include a provision that all monopoles and lattice towers are not to be too visible from the nearest residential dwelling unit. The Planning Commission had recommended the City Council approve the draft ordinance with the condition of prohibiting proriders from locating lattice towers within the City. Staff consulted with the City Attorney on prohibiting lattice towers in Dublin and the Attomey concluded that the City should not prohibit lattice towers because it would violate the Telecommunications Act of I996. M~. Harbin read additional changes to the' draft ordinance. She stated that Section 8:92.050' General Requirements, Section J Location Language will be revised to: "where feasible, wireless communications shah be encouraged to be located on property which has been improved with other service proriders ' facilities such as water tanks and other utility structures." She explained that the City does no want to encourage providers to use City owned property such as parklands and community centers. Another revision to the draft ordinance is on Section 8.92.070 Design Review Criteria, Section I Lighting -the 2nd sentence will read: Reviewing authority for lighang to be changed from Planning Commission to Community Development Director. She recommended that the Planning Commission adopt the resolution recommending City Council approval and concluded her presentation. Cm. Jennings asked how the City plans to address the existing satellite dishes that do not meet the City's requirements. Plannln8 comnass~on 102 August 22, 2000 Regular lvieetlng Ms. Harbin responded that the existing satellite dishes would be grandfathered in. Mr. Peabody stated that many commercial buildings in Dublin have existing satellite dishes. The City will allow those buildings to retain their dishes as is. If a building owner or tenant wants to change or install a new dish they will be required to follow the City's ordinance. Cm. Jennings asked if the City plans to provide an informational handout regarding antennas and satellite dishes. Ms. Harbin responded yes. The handout could state that the City would allow existing antennas and dishes to remain as well as procedures for replacing or installing new antennas and dishes. Cm. Jennings stated that the telecommunication providers in the area should be notified about the new ordinance. Ms. Harbin stated that the City has distributed the draft ordinance to Pacific Bell, Nextel and other providers in the area. Cm. Oravetz stated that the ordinance prohibits a satellite dish larger than 39 inches. He asked how that size was determined. Ms. Harbin stated that 24 and 39 inches are the currein standard sizes for a satellite dish. Cm. Johnson asked if a permit is required to install a dish on your property. Ms. Harbin stated that a permit is not required if the dish is installed on the ground and under 39 inches in diameter. Cm. Johnson asked about the currein dishes located on a roof within a residential neighborhood. Mr. Peabody stated that a permit was not required to install a satellite dish at the time those antennas were installed. Cm. Johnson asked 'if the s'~e requ~ements apply to ham-radio ~tennas. Ms. Harbin stated that a ham-radio antenna could go up to 50 feet high in a residential area without a permit. Anything beyond 50 feet would require a permit. Cm. Johnson asked if a permit will be required renewal every five years. Ms. Harbin stated that a permit is not required for the existing dishes and antennas grandfathered in. The new antennas and dishes would have to follow the ordinance requirements and be renewed every five years. t'Ianntn~ commission ~o3 ~Just 2z, 20oo P,e/luhr Meettn8 Cm. Jennings said the ordinance states that lattice towers and monopoles shall be screened whenever possible. She asked when would it be impossible to screen a lattice tower or monopole. Ms. Harbin responded if it is located on a small hill and hard to get to it or if it is too tall and can't be screened with trees. Cm. Jermings suggested revising that sentence and eliminate the wording "whenever possible." Cm. Hughes asked if anyone had any other questions; hearing none he closed the public hearing and asked for a motion. On motion by Cm. Johnson, seconded by Cm. Jennings, with revisions indicated to the draft ordinance and with a vote of 5-0, the Planning Commission unanimously adopted RESOLUTION NO, 00 - 55 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT PA 97-046 WIRELESS COMMUNICATION FACILITIES - ZONING ORDINANCE AMENDMENT NEW OR UNFINISHED BUSINESS 9.1 Mr. Peabody went over the upcoming Planning Commission schedule. ADOURNMENT The meeting was adjourned at 8:35 p.m. Respectfully submitted, ATTEST: Planning Commission Chairperson Community Development Director P~nnlll~j commission Re~jukr Meetl~ 104 ,~3ust 22, 2oo0 RESOLUTION NO. 00 - 55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT PA 97-046 WIRELESS COMMUNICATION FACILITIES - ZONING ORDINANCE AMENDMENT WHEREAS, the City recognized the need to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities (e.g., antennas, personal wireless service facilities, etc.); and WHEREAS, on September 2, 1997, the City Council adopted the revised Zoning Ordinance that added new Chapters 8.04 through 8.144 to Title 8 of the Dublin Municipal Code; and WHEREAS, the revised Zoning Ordinance reserved a section for Wireless Communication Facilities; and WHEREAS, the City is proposing a Zoning Ordinance Amendment that includes zoning ordinance provisions for the development and installation of wireless communication facilities. These standards cover the siting, designing and permitting of wireless communication facilities; and WHEREAS, the purpose and intent of the Wireless Communication Facilities - Zoning Ordinance Amendment is to protect and promote the public health, safety, community welfare and aesthetic qualities for the City of Dublin; and WHEREAS, one of the goals of the Zoning Ordinance Amendment is to encourage providers of wireless communication facilities to locate their facilities, to the maximum extent possible, in areas where the adverse impacts on the community are minimal; and WHEREAS, another goal of the Zoning Ordinance Amendment is to encourage managed development of wireless communication service infrastructure to insure Dublin' s role in the evolution of technology; and WHEREAS, the Zoning Ordinance Amendment is consistent with the Dublin General Plan to the extent that the amendment promotes the protection of public health, safety, community welfare and aesthetic qualities for the City of Dublin; and WHEREAS, according to Section 15061 (a)(3) of the California Environmental Quality Act (CEQA), the project is exempt from CEQA because the project will not have the potential Attachment 3 for causing a significant effect on the environment. All discretionary permits which are based on the Zoning Ordinance will receive environmental review pursuant to CEQA; and WHEREAS, the Planning Commission held a duly noticed public hearing on the PA 97- 046 Wireless Communication Facilities - Zoning Ordinance Amendment on August 22, 2000, and considered all written and oral testimony submitted at the public hearing. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission recommends City Council adoption of PA 97-046 Wireless Communication - Zoning Ordinance Amendment adding Section 8,92 to the Dublin Zoning Ordinance, attached as Attachment 1-A and incorporated herein by reference. PASSED, APPROVED, AND ADOPTED this 22nd day of August 2000. AYES: Cm. Hughes, Oravetz, Jennings, Johnson, and Musser NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director g:\telecomm\pcreso2 Attachment 3 panel antennas hidden behind the plastic of a sign alongside Hwy 580 in Livermore, CA. ATTACHMENT. Parapet iounted-Panel Antennas two Sprin{ PCS antennas mottried onto a building parapet, . ,.. painted .to bier~t, ..off. Hwy 580_in Dublin, CA. whip antennas Lair:ice Tower a cluster of microwave dishes and whip antennas on stanciing steel lattice tower near Stockton, CA. Co-Loc.at:ion MonopoEe standard co-location with two carriers on a steel monEypole alon~de .Hwy 80 in .Rosevilte, CA. Tree PoEe a single-carrier 'monopole, disguised as a pine tree overiooking. Napa, CA, by Nextel.