HomeMy WebLinkAbout5.1 - Zoning Ordinance Amendments to the WirelessPage 1 of 5
STAFF REPORT
PLANNING COMMISSION
DATE: September 26, 2017
TO: Planning Commission
SUBJECT:
Zoning Ordinance Amendments to the Wireless Communication Facilities
(Chapter 8.92) PLPA 2014-00064
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
The Planning Commission will consider and make a recommendation to the City
Council regarding Zoning Ordinance amendments related to the regulation of wireless
communication facilities. This includes amendments to Zoning Ordinance Chapters
8.36, 8.92 and 8.104. The proposed amendments are necessary in order to comply with
the Middle Class Tax Relief and Job Creation Act of 2012 (Act). The Act restricts local
regulation of wireless communication facilities and provides an expedited permitti ng
process under certain circumstances.
RECOMMENDATION:
Adopt the Resolution recommending City Council approval of amendments to Dublin
Zoning Ordinance Chapter 8.92 (Wireless Communication Facilities), Chapter 8.36
(Development Regulations) and Chapter 8.104 (Site Development Review) effective
city-wide.
DESCRIPTION:
Background
The Telecommunications Act of 1996 (the “Telecom Act”) was signed into law by
President Clinton in February 1996 and reflected the changes and rapid growth of
telecommunications technologies. Under the Act, local zoning authorities were granted
the ability to regulate the location and design of wireless communication facilities within
their jurisdictional area through a discretionary permit process.
In response to the Telecom Act, the City of Dublin amended the Dublin Municipal Code
(DMC) to adopt the Wireless Communication Facilities Ordinance (DMC Chapter 8.72)
in October 2000. The purpose and intent of the Ordinance was to provide a uniform and
comprehensive set of standards for the development and installation of wireless
communication facilities and to protect and promote public health, safety, community
welfare and aesthetic qualities in the City.
Since adoption of the Telecom Act and the City’s Ordinance, wireless technology has
substantially changed. Concurrently, there have been major changes in wireless
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facilities law at the federal level. The City’s existing wireless ordinance does not address
these new technologies or new regulations, most notably Section 6409(a) of the Middle
Class Tax Relief and Job Creation Act of 2012.
Middle Class Tax Relief and Job Creation Act
The U.S Congress adopted the Middle Class Tax Relief and Job Creation Act of 2012
(Act) which established additional federally mandated regulations for wireless facilities
and an expedited permitting process for modification of and collocation to existing
facilities. Specifically, section 6409(a) of the Act established new requirements for
modification and collocation of existing wireless telecommunication towers and base
stations.
The Act restricts local land use authority and states that a local government may not
deny, and shall approve, any “eligible facilities request” for a modification of an existing
wireless tower or base station that does not substantially change the physical dimension
of such tower or base station.
An “eligible facilities request” refers to any request for modification of an existing
wireless tower or base station that involves:
(A) collocation of new transmission equipment,
(B) removal of transmission equipment, or
(C) replacement of transmission equipment.
In order to effectively implement the Act, the proposed ordinance includes definition s for
the terms used in the Act. For the purposes of this report, the fol lowing terms are
described and simplified:
“Collocation” refers to the mounting of a wireless communication facility on the
same tower or structure as an existing wireless communication facility.
“Tower” refers to a pole, mast, monopole, lattice tower, etc.
“Base station” refers to any structure that is not a tower.
Section 6409(a) of the Act does not define what constitutes a “substantial change” to an
existing tower or base station. However, the Federal Communication Commission
(FCC) issued rules and clarifications for modification of wireless telecommunication
facilities that defined “substantial change”. According to the FCC, a modification
substantially changes the physical dimension of a wireless tower or base station if it
meets any one of the following criteria:
Type of
Modification: Type of Facility:
Towers
(outside the public right-of-way)
Towers
(inside the public right-of-way) and
all Base Stations
Height More than 10% or one additional
antenna array with the separation
from the nearest antenna is more
than 20 feet
More than 10% or 10 feet,
whichever is greater
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Width More than 20 feet, or more than
the width of the tower, whichever
is greater
More than 6 feet
Equipment
Cabinets
Installation of more than 4
cabinets.
Installation of any equipment
cabinets if there are no pre-
existing ground cabinets, or
ground cabinets that are more
than 10% larger in height or
overall volume than any other
ground cabinets
Excavation/
Deployment
Beyond Site
Excavation or deployment
outside of the current boundaries
of the leased or owned property
surrounding the tower and any
access or utility easements
Excavation or deployment
beyond the area in proximity to
the structure/equipment
Defeat
Concealment
Elements
Defeat the concealment elements of the wireless tower or base
station
Defeat Other
Conditions
Not comply with the condition of approval, unless the non -
compliance is due to an increase in height, increase in width,
addition of cabinets, or new excavation that does not exceed the
‘substantial change’ thresholds.
Regardless of the above, all modifications remain subject to building codes and other
non-discretionary structural and safety codes.
Proposals Requiring Expedited Processing Under §6409(a)
Under the law, the City must act on an application for a Section 6409(a) modification
within 60 days unless it notifies the applicant within 30 days that the specific information
in the application is incomplete. After the applicant makes a supplemental filing, the
agency has 10 days to notify the applicant the application remains incomplete. If no
decision on the application is made during the 60-day review period (grant or denial),
the request is “deemed granted.”
Therefore, Staff is proposing amendments to the Zoning Ordinance in order to ens ure
that the City’s regulation of wireless communications facilities is in compliance with the
requirements of the federally adopted Act.
ANALYSIS:
Chapter 8.92 of the Dublin Municipal Code provides regulations for all wireless
communication facilities excluding those within the public right-of-way. Facilities within
the public right-of-way are regulated by the Public Works Department in according with
DMC Chapter 7.04. As part of this process, Chapter 7.04 is also being updated to
address changes in the law that impact facilities in the public right-of-way. These
changes are outside the purview of the Planning Commission and will be considered by
the City Council.
An overview of the proposed amendments to Title 8 (Zoning Ordinance) is provided
below. For the complete Zoning Ordinance amendments refer to Exhibit A to
Attachment 1.
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Chapter 8.92
As part of this process, Staff took a comprehensive look at the existing ordinance and
evaluated ways to simplify the ordinance for ease of implementation. To accomplish
this, sections of the existing ordinance were reorganized, relocated and removed. For
example, similar requirements were combined to simplify the language; where there
were consistent themes in the criteria or regulations they were consolidated (i .e. design-
based regulations were moved to Design Criteria and location-based criteria were move
to Location Criteria) and duplicative regulations that were covered under a separate
section were removed.
Definitions (Chapter 8.92)
The City’s existing ordinance has a multitude of definitions for the technical terms
related to wireless communication facilities. The proposed ordinance simplifies these
definitions and eliminates the overly technical terms that have no relationship to the
aesthetics of a facility, which is what the ordinance regulates.
Application Requirements (Chapter 8.92)
Section 6409(a) of the federally adopted Act, limits the application materials that the
City can require for qualified modifications and collocations. The City may requi re an
application, but may only seek documentation about whether the facility meets Section
6409(a) requirements. The City may not require documentation proving the need for the
proposed modification or collocation. In response, the draft ordinance separat es the
application requirements for new facilities and modifications, and the application
requirements for facilities which qualify under Section 6904(a).
Development Regulations (Chapter 8.36)
Staff is also proposing amendments to the Development Regulations Ordinance (DMC
Chapter 8.36) to ensure internally consistency in the Zoning Ordinance to clarify that the
height limit exceptions (Section 8.36.110(C)(3)(c)) do not apply to new wireless
communication facilities. Instead, new wireless communication facilities are solely
regulated by Chapter 8.92 and are limited to the height for the district in which they are
located. However, it should be noted that modifications to existing wireless
communications facilities that qualify under Section 6409(a), may exceed the height
limits established by the Zoning Ordinance.
Site Development Review (Chapter 8.104)
The proposed amendments clarify the approval authority for wireless communications
facilities (new facilities, collocations, modifications and Section 6409(a) modifications)
and ensure compliance with federal law.
The proposed ordinance exempts minor modifications to approved facilities if not visible
from the public right-of-way. A Site Development Review Waiver is required for
modifications that are consistent with an approved Site Development Review permit.
The proposed ordinance amends the review process to provide for expedited
processing under Section 6409(a), by requiring a Site Development Review Waiver for
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such applications. The ordinance also requires applicants to demonstrate that their
proposals meet the criteria for streamlined processing under Section 6409(a) as a part
of their application.
All other new or modified facilities would continue to require a Site Development Review
Permit from the Community Development Director.
A Planning Commission resolution recommending approval by the City Council is
included as Attachment 1, with the draft Ordinance included as Exhibit A.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING
ORDINANCE:
The proposed Zoning Ordinance amendments are consistent with the Dublin General
Plan, all applicable Specific Plans and the Zoning Ordinance in that the Amendments
are consistent with applicable land use designations and general development po licies.
The amendments also include minor revisions for internal consistency within the Zoning
Ordinance.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and
posted at several locations throughout the City. The Public Notice was provided to all
persons who have expressed an interest in being notified of meetings. The Staff Report
for this public hearing was also made available on the City’s website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and
City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Pursuant to the
CEQA, Staff is recommending that the project be found exempt in accordance with
CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the
amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a
significant effect on the environment. Pursuant to the FCC, changes to an existing
telecommunications facility, that comply with Section 6409(a) of the Act, are considered
minor changes and amending the Zoning Ordinance to comply with this Federal law
would not impact the environment. As such, the proposed Zoning Ordinance
Amendment is not subject to CEQA.
ATTACHMENTS:
1. Planning Commission Resolution
2. Exhibit A to Attachment 1
RESOLUTION NO. 17-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING
ORDINANCE CHAPTER 8.92 (WIRELESS COMMUNIC ATION FACILITIES, CHAPTER 8.36
(DEVELOPMENT REGULATIONS) AND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW)
EFFECTIVE CITY-WIDE
PLPA-2014-00064
WHEREAS, On February 22, 2013 the Federal government adopted the Middle Class
Tax Relief and Job Creation Act of 2012 (Act), which provides that state or local governments
may not deny, and shall approve, any request for collocation, removal, or replacement of
transmission equipment on an existing wireless tower or base station, provided the action do es
not substantially change the physical dimensions of the tower or base station;
WHEREAS, Dublin Zoning Ordinance Chapter 8.92 (Wireless Communication Facilities)
provides a uniform and comprehensive set of standards for the development and installation of
wireless communication facilities to protect and promote public health, safety, community
welfare and aesthetic qualities in the City; and
WHEREAS, Zoning Ordinance amendments are necessary to comply with federal and
State law and clarify the regulations for wireless communication facilities; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, Pursuant to the CEQA, Staff is recommending that the project be found
exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with
certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will
not have a significant effect on the environment. In accordance with Section 15378(b)(5) of the
CEQA Guidelines because the proposed action is not a project under. Pursuant to the FCC,
changes to an existing telecommunications facility, that comply with Section 6409(a) of the Act,
are considered minor changes and amending the Zoning Ordinance to comply with this Federal
law would not impact the environment. As such, the proposed Zoning Ordinance Amendment is
not subject to CEQA; and
WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission
recommending City Council approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the Planning Commission held a public hearing on the proposed Zoning
Ordinance Amendments on September 26, 2017; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the proposed ordinance.
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NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
recommend that the City Council adopt the Zoning Ordinance amendments attached hereto as
Exhibit A and incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 26th day of September, 2017 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
ORDINANCE NO. XX-17
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
AMENDING CHAPTERS 8.92, 8.36, AND 8.104 OF THE DUBLIN MUNICIPAL CODE
RELATING TO DEVELOPMENT OF WIRELESS COMMUNICATIONS FACILITIES
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 8.92 (Wireless Communications Facilities) of the Dublin
Municipal Code is hereby amended to read as follows:
“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.
8.92.020 Intent.
The intent of the regulations contained herein is to protect and promote public health, safety,
community welfare and to:
A. Protect the visual character of the City from the potential adverse effects of wireless
communication facilities development and wireless communication f acility installation;
B. Ensure against the creation of visual blight within or along the City’s scenic corridors and
ridgelines;
C. Ensure that wireless communication facilities, to the maximum extent possible, are located
in areas where the adverse impacts on the community are minimal;
D. Ensure that wireless communication facilities, which include equipment cabinets and
shelters, are configured 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;
F. Enhance the ability of the provider of wireless communication services to provide such
services to the community quickly, effectively and efficiently;
G. Ensure that a competitive and broad range of wireless communication services and high
quality wireless communication service infrastructure are provided to serve the business
community;
H. Encourage collocation when it will decrease visual impacts and discourage collocation
when it will increase negative visual impacts, to the extent allowed by state and federal law; and
I. Establish a 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.
8.92.030 Definitions.
For the purposes of this Chapter, unless otherwise apparent from the context, the definitions
below shall apply. 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.
A. 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, ground-mounted, 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.
B. Base Station. The term base station includes any structure other than a tower that supports
or houses equipment in a fixed location that enables Federal Communications Commission
(FCC)-licensed or authorized wireless communications between user equipment and a
communications network. As an illustration and not a limitation, the FCC's definition refers to
any structure that actually supports wireless equipment even though it was not originally
intended for that purpose. Examples include, but are not limited to, wireless facilities mounted
on buildings, utility poles and transmission towers, light standards or traffic signals. A structure
without wireless equipment replaced with a new structure designed to bear the additional weight
of wireless equipment constitutes a “Base Station”.
C. Collocation. The term collocation shall mean the mounting of a wireless communication
facility on or integrated within the same tower or structure as an existing, authorized wireless
communication facility.
D. Fully- Concealed Facility. The term fully-concealed facility refers to wireless communication
facilities which are designed and constructed to blend in with the surrounding environment so
that the antenna and related equipment are not readily visible. Examples include a cupola on a
building, water tank, artificial tree, rocks and a utility pole where all antenna and related
equipment are internally mounted or underground.
E. Height. The term height shall mean the distance measured from ground level to the highest
point on the wireless communication facility, including 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.
F. 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.
G. Public Right-of-Way. The term public right-of-way shall mean and include all public
streets and 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.
H. Radio Frequency (RF). The term radio frequency (RF) shall mean electromagnetic energy
with wave lengths between the audio range and the light range.
I. 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 related equipment of a
wireless communication facility, due to the fact that it is not fully-concealed, 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.
J. 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.
K. 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.
L. Tower. The term tower shall mean a mast, pole, monopole, lattice tower, or other structure
erected on the ground or on a 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.
M. 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.
N. Section 6409(a). The term Section 6409(a) refers to Section 6409(a) of the Middle Class
Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. section 1455(a), as may be
amended or interpreted in judicial or administrative decisions or implementing regulations.
O. Section 6409(a) Modification. The term Section 6409(a) Modification means a collocation,
modification, or replacement of transmission equipment at an existing wireless tower or base
station that does not result in a substantial change in the physical dimensions of the existing
wireless tower or base station pursuant to Section 6409(a).
P. Substantial Change. The term substantial change for the purposes of a Section 6409(a)
Modification shall mean:
1. For wireless towers outside the public right-of-way, a substantial change occurs when
the proposed collocation or modification:
a. Increases the overall height more than ten (10) percent or the height of one
additional antenna array not to exceed twenty (20) feet (whichever is greater); or
b. Increases the width more than twenty feet (20) from the edge of the tower or
the width of the tower at the level of the appurtenance (whichever is greater); or
c. Involves the installation of more than the standard number of equipment
cabinets for the technology involved, not to exceed four (4); or
d. Involves excavation outside of the current boundaries of the leased or owned
property surrounding the tower, including any access or utility easements
currently related to the site.
2. For wireless towers within the public right-of-way and for all base stations, a
substantial change occurs when the proposed collocation or modification:
a. Increases the overall height more than ten (10) percent or ten (10) feet
(whichever is greater); or
b. Increases the width more than six (6) feet from the edge of the tower or base
station; or
c. Involves the installation of any new ground-mounted equipment cabinets that
are ten percent (10%) larger in height or volume than any existing ground
mounted equipment cabinets; or
d. Involves the installation of any new equipment cabinets on the ground when
there are no existing ground-mounted equipment cabinets; or
e. Involves excavation outside the area in proximity to the structure and other
transmission equipment already deployed on the ground.
3. For all proposed collocations and modifications, a substantial change occurs when:
a. The proposed collocation or modification would defeat the concealment
elements of the tower or base station; or
b. The proposed collocation or modification violates a prior condition of approval,
provided however that the collocation need not comply with any prior condition of
approval that is determined to be inconsistent with the thresholds for a
substantial change described in this section.
The thresholds and conditions for a "substantial change" described in this section
are mutually exclusive—the violation of any individual threshold or condition
results in a substantial change. The height and width thresholds for a substantial
change described in this section are cumulative for each individual wireless tower
or base station. The cumulative limit is measured from the physical dimensions of
the original structure for base stations and all sites in the public rights-of-way,
and from the smallest physical dimensions that existed on or after February 22,
2012, for wireless towers on private property.
8.92.040 Exemptions.
The following wireless communication facilities are exempt from the standards of this Chapter,
but shall fully comply with other applicable requirements of the municipal code including, but not
limited to, adopted building, electrical, plumbing, mechanical, and fire codes:
A. 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:
1. 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;
2. If the antenna is mounted on a mast, the mast must measure less than twelve (12)
feet in height;
3. 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, as determined by the Building Official;
4. 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;
5. To the extent feasible, the antenna is installed in a location where it is not readily
visible from the public right-of-way.
B. 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. If an antenna is installed on the roof of the
building, the height of the antenna shall be inclusive of the building height.
C. Public communication facilities, including personal wireless services, used and maintained
by the City, or any fire district, school district, hospital, ambulance service, governmental
agency, or similar public use.
D. Minor repair and regular maintenance of an existing wireless telecommunication facility that
does not increase the number, height, size, or appearance of the antennas or ancillary related
equipment as previously approved by the City.
E. All wireless communication facilities in the public right-of-way. Wireless communication
facilities in the public right-of-way shall be subject to a Personal Wireless Facilities Services
Permit as set forth in Chapter 7.04 of the Dublin Municipal Code, which 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 rights-of-way is desired or required.
F. Any “co-location facility” that meets the requirements of California Government Code Section
65850.6.
8.92.050 Permitting Procedure.
A Site Development Review pursuant to Chapter 8.104 shall be required for all new or modified
wireless communication facilities, unless otherwise noted in this Chapter.
8.92.060 Application Requirements.
A. New Wireless Communication Facilities. The following application materials are
required for new wireless communication facilities:
1. Plans. Complete and accurate plans, fully-dimensioned and drawn to scale, which
include the following items.
a. A depiction of all existing and proposed utility runs and points of contact.
b. A depiction of the leased or licensed area of the site with all rights-of-way and
easements for access and utilities labeled in plan view.
c. Plan view and all elevations of a scaled depiction of the maximum permitted
increase to towers, base stations and other support structures as authorized
by Section 6409(a) of the 2012 Middle Class Tax Relief Act. The proposed
project shall be used as the baseline for new facilities and the existing facility
used as the baseline for modifications.
2. Authorization. A statement from property owner authorizing application.
3. Description of Services. A description of the services that the applicant proposes to
offer or provide in conjunction with the proposed sites.
4. 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.
5. Alternative Site Analysis. Alternative site analysis and map showing all alternate
sites, including all collocation opportunities within one-half mile, 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 collocation at an existing or new site.
6. Visual Analysis. Photo simulations of the proposed project including a map depicting
where the photos were taken. The visual impact analysis may require photo overlays,
scaled models, renderings, or mockups as determined appropriate by the Community
Development Director.
7. Noise Analysis. Noise impact analysis information for the proposed wireless
communication facility including, but not limited to, equipment, such as air conditioning
units and back-up generators. A manufacturer’s specification sheet may be provided in
lieu of a noise impact analysis, if determined appropriate by the Community Development
Director.
8. RF Emissions. Written documentation demonstrating that emissions from the
proposed wireless communications facility are within the limits set by the FCC. The
document shall include both the actual levels as they exist currently and the cumulative
levels for the proposed facility and all other facilities in the vicinity.
9. 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).
10. Other Information. The applicant shall submit any other relevant information as
required by the Community Development Director.
B. Modifications to Existing Wireless Communication Facilities. The following application
materials are required for modifications to all existing wireless communication facilities except
Section 6409(a) Modifications:
1. Plans. Complete and accurate plans, full-dimensioned and drawn to scale, which
include the following items.
a. A depiction of all existing and proposed utility runs and points of contact.
b. A depiction of the leased or licensed area of the site with all rights-of-way and
easements for access and utilities labeled in plain view.
2. Prior Permits. True and correct copies of all previously obtained land use approvals,
including all required conditions of approval.
3. Noise Analysis. Noise impact analysis for the proposed wireless communication
facility including, but not limited to, equipment, such as air conditioning units and back-
up generators. A manufacturer’s specification sheet may be provided in lieu of a noise
impact analysis, if determined appropriate by the Community Development Director.
4. RF Emissions. Written documentation demonstrating that emissions from the
proposed wireless communications facility are within the limits set by the FCC. The
document shall include both the actual levels as they exist currently and the cumulative
levels for the proposed facility and all other facilities in the vicinity.
5. Other Information. The applicant shall submit any other relevant information as
required by the Community Development Director.
8.92.070 Section 6409(a) Modification.
Except as expressly modified by this section, an application for a Section 6409(a) Modification
shall be subject to the provisions of this Chapter.
A. Application Materials. Notwithstanding Section 8.92.060 (Application Requirements), the
following application materials are required for Section 6409(a) Modifications:
1. A site plan and elevation drawings for the facility as existing and as proposed with all
height and width measurements explicitly stated. The plans must include plan views and
all four elevations that depict the physical dimensions of the existing facility as it existed
on February 22, 2012 or as approved if constructed after February 22, 2012.
2. A description of all construction that will be performed in connection with the
proposed modification, including, but not limited to, the location of any excavations or
deployments.
3. A written statement that explains in plain factual detail whether and how Section
6409(a) and applicable implementing regulations require approval of the proposed
Section 6409(a) Modification. A complete written narrative analysis shall state the
applicable standard and all facts that would allow the city to conclude the standard has
been met. Bare conclusions without factual support shall not constitute a complete
written analysis. As part of the written statement the applicant shall include: (i) whether
and how the support structure qualifies as an existing tower or existing base station; and
(ii) whether and how the proposed Section 6409(a) Modification does not cause a
substantial change in height, width, excavation, equipment cabinets, concealment, or
permit compliance.
4. True, correct and complete copies of all permits and other regulatory approvals,
including without limitation any conditions of approval, issued in connection with the
tower or base station to be collocated on or modified.
B. Review and Required Findings. Notwithstanding the provisions of 8.92.050
(Permitting Procedures) and 8.92.080 (Development Standards and Regulations), the
Community Development Director shall approve or deny a request for a Section 6409(a)
Modification in accordance with this section and applicable federal law or regulations. The
Community Development Director shall approve an application for a Section 6409(a)
Modification if he or she makes the following findings:
1. The proposed modification does not cause a substantial change in the existing tower
or base station and otherwise fully qualifies as a Section 6409(a) Modification under
applicable law;
2. The existing tower or base station was permitted with all required regulatory
approvals required at the time of construction; and
3. The proposed modification does not violate any legally enforceable standard or permit
condition reasonably related to public health and safety, including, but not limited to,
building, structural, electrical, and safety codes.
A proposed modification to a wireless communication facility that does not qualify as a Section
6409(a) Modification shall be denied and will instead be subject to the requirements set forth in
this Chapter for the specific type of wireless communication facility proposed.
C. Other. Nothing in this section prevents the city from imposing other lawful conditions on
the approval of a Section 6409(a) Modification including, but not limited to, conditions consistent
with obligations imposed on the initial installation. Nothing in this section shall be construed to
waive or limit the city’s proprietary right to control the use of its real or personal property for
telecommunications purposes.
8.92.080 Development Standards and Regulations.
A. Residential Districts. Wireless communication facilities are prohibited on private property in
all residential zoning districts and comparable Planned Development zoning districts except as
indicated in Section 8.92.040.
B. Location Criteria. All wireless communication facilities shall be located so as to minimize
their visibility. The following measures shall be implemented:
1. No wireless communication facilities shall be installed on an exposed ridgeline, or at
a location readily visible from I-580, I-680, or scenic corridor identified in the Eastern
Dublin Scenic Corridor Policy, or on property designated Parks/Recreation, Open Space,
or Stream Corridor on the Dublin General Plan, unless it blends with the surrounding
existing natural and artificial environment in such a manner as to not be readily visible,
and a finding is made that no other location is technically feasible and complies with
those policy documents;
2. No facility may be located within the front setback, along major street frontages where
it will be readily visible or between the face of a building and a public street, bikeway or
park, except for approved facade-mounted equipment or facilities located on existing
structures;
3. No towers shall be installed closer than one half mile from any existing 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
collocating it on an existing site), or visually preferable (i.e. fully-concealed facility that
blends with the surrounding existing natural and artificial environment;
4. 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 8:00 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. If the facility is
located within one hundred (100) feet of a residential use, noise attenuation measures
shall be included to reduce noise levels to a level of 50 dBA measured at the property
line.
5. All towers shall be set back at least twenty percent (20%) of the tower height from all
property lines, and at least one hundred (100) feet from any public trail, park, or outdoor
recreation area, unless it is a fully-concealed facility that blends with the surrounding
existing natural and artificial environment.
C. Design Review Criteria. In addition to all other requirements set forth in this Chapter, all
wireless communication facilities shall meet the following design requirements:
1. Minimizing Visual Impact. All wireless communication facilities shall incorporate
appropriate techniques to camouflage, disguise and/or blend them into the surrounding
environment. Wireless communication facilities shall be in scale and designed to blend
with the existing natural or built surroundings and existing supporting structures. The City
shall have the authority to require special design features for the wireless communication
facilities in areas of particular sensitivity (e.g. proximity to historic or aesthetically
significant structures, views and/or community features).
Based on potential aesthetic impact, the order of preference for facility type is: (1)
Collocation sites, when such siting minimizes adverse effects related to land use
compatibility, visual resources, public safety, and other environmental factors, (2)
building-mounted (façade or roof) facilities, (3) ground-mounted facilities and (4) a new
tower.
2. Paint and Finish Materials. Wireless communication facilities including the
antennas and related equipment shall be constructed out of non-reflective materials,
painted and/or textured to match the existing support structure and painted to blend with
their surroundings.
3. Related Equipment. All equipment shelters or cabinets must be concealed from
public view or made compatible with the architecture of surrounding structures or placed
underground. Support equipment pads, cabinets, shelters and buildings require
architectural, landscape, color, or other camouflage treatment to minimize visual impacts.
4. 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.
5. Height. The maximum height of a wireless communication facility shall be equal to
the height limit for the district in which it is located. An exception to the height limit may be
approved based on a visual analysis demonstrating that views of the facility are
minimized or are substantially screened, and on an engineering analysis justifying the
height of the proposed facility and demonstrating that a lower height is not feasible.
6. Lighting. Wireless communication facilities shall not be artificially lighted, unless
required by the FAA or other applicable authority and designed to ensure the least
disturbance to the surrounding views.
7. 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 unless approved through a Site Development Review
application upon a showing that no reasonable alternative location is available.
8. 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 blend with the surroundings. Placing roof mounted
antennas in direct line with significant view corridors shall be avoided.
8.92.090 Removal of Abandoned Facilities.
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 2. Subsection 8.36.110.C.3.c (Utility and Communication Facilities) of the
Dublin Municipal Code is hereby amended to read as follows:
“c. Utility and communications facilities. Except as otherwise provided in Chapter 8.92,
Wireless Communication Facilities Regulations, individual radio and television receiving
antennas, wireless communication facilities, satellite dishes, transmission and distribution
poles and towers for public utilities are not subject to the height limits of this Chapter. See
Chapter 8.92 Wireless Communication Facilities regarding development regulations and land
use approvals for those facilities.”
Section 3. Subsection 8.104.020.I (Site Development Review) of the Dublin
Municipal Code is hereby added to read as follows:
“I. Minor modifications to Wireless Communications Facilities. Minor modifications
to existing wireless communication facilities that involve no physical change visible from
the public right-of-way.”
Section 4. Subsections 8.104.030.A.4 and 8.104.030.A.5 (Site Development
Review) of the Dublin Municipal Code are hereby amended to read as follows:
“4. Modifications to Wireless Communications Facilities. Modifications to existing
wireless communication facilities that involve changes to the appearance where the
change is in substantial conformance with an approved Site Development Review and
Section 6409(a) Modifications as defined in Chapter 8.92. These facilities are also
subject to the provisions of Chapter 8.92, Wireless Communication Facilities.”
5. Other Improvements. All other improvements determined by the Community
Development Director to be minor in nature and requiring review.”
Section 5. Section 8.104.040.A.12 (Site Development Review) of the Dublin
Municipal Code is hereby amended to read as follows:
“12. Wireless Communications Facilities. All new wireless communication facilities
and modifications to wireless communication facilities that are not in conformance with
an approved Site Development Review. These facilities are also subject to the
provisions of Chapter 8.92, Wireless Communication Facilities.”
Section 6. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or circumstance,
is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
affect the validity or enforceability of the remaining sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other
person or circumstance. The City Council of the City of Dublin hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 7. Effective Date. This ordinance shall take effect thirty (30) days after its
adoption.
Section 8. Posting. 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 Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this ___ day of _____, 2017, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk