Loading...
HomeMy WebLinkAboutOrd 21-00 Wireless CommFacilityORDINANCE NO. 21 - 00 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 Chapter 8.92 is added to the Dublin Municipal Code to read as follows: 8.92.010 Ao Do Go Wireless Communication Facilities 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 rcdnimal; 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; 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 quic~y, 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 carded 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. o 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~ o 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 2 D, E, Fo K, 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 (DB S) 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 fagade 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 fight, 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). P, R, T, 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. 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 shah 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 prorider 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 wirdess 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 cormnunication facilities within any zoning district, including Planned Development (PD) Districts, consistent with the development regulations and planning permit requirements established under this section, 4 Bo 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: a, 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; ho If the antenna is mounted on a mast, the mast must measure less than twelve (12) feet in height; Co 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; d, 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. Co 2. 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. 7. 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. 10. Plans/Drawings. Plans and drawings for the proposed facility. 11. 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. 12. Design Alternatives. Facility design alternatives to the proposal. 13. 14. 15. 16. 17. 18. 19. 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. 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. b. 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. 7 In all zones, apphcants must demonstrate that they cannot provide service without the service of a monopole or lattice tower. 20. Other Information. The applicant shall submit any other relevant information as required by the Community Development Director. 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 Hans/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; D. 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; 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; Ro Section Location. Where feasible, wireless communication facilities shall be encouraged to be located on property, 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 Califomia 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; 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 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. 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 9 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. 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: fagade-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. Co 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. l0 F, 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 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 "fiat" 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 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 tompromising 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 3 9 inches in diameter shall be located within a required setback 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 fleestanding facility or ancillary support equipment may be located between the face of a building and a public street, bikeway or park, except for approved faCade-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. ModificationFUpgrade 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 A, 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 1-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. 12 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. G. Monopoles and lattice towers shall be screened from public view whenever possible. H, 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-~ammable 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; 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. Bo 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. 13 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: A, 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. 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 Ao 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. 14 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 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. C, 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 Ao 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 co .r~m. unication facility shall be reviewed by the Community Development Dlrector at a minimum of on~,~Very. five (~) y~rs. The purpose of the review is to determine whether or not the facility complies with. the thenrCurrent general design standards; whether or not the facility is currently bei~ tls,~ by th~ 'owner or operator; and whether or not the basic contact and site information supptlec~'li~ the ov/ner or ol~erator is current. 15 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. Ira 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. Co 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 tight-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 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. 16 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 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: EFFECTIVE DATE. This Ordinance shall take effect and be enforced thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Govemment Code of the State of Califomia. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF TltF, CITY OF DUBLIN on this 17tn day of October 2000, by the following votes: AYES: Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor Houston NOES: None ABSENT: None ABSTAIN: None ATTEST. ~~~ CL K2/G/10-1 ~_0~doc (Item 6.1) g:pa97-047 Oral Oct 17.doc Mayor 17