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HomeMy WebLinkAboutORD-06-08 Updating Definitions and Procedures Wireless Communication FacilitiesORDINANCE NO. 06- 08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING SECTIONS 17.04. 042 AND 17.12.025 OF THE ORANGE MUNICIPAL CODE TO UPDATE DEFINITIONS AND PROCEDURES PERTAINING TO THE PLACEMENT AND DESIGN OF WIRELESS COMMUNICATION FACILITIES.WHEREAS, numerous wireless facilities have been constructed in the City of Orange in recent years becoming prominent visual features in the community; and WHEREAS, the Council most recently adopted Ordinance No. 4-05 on May 24,2005 with the purposes of providing clearer guidance and incentives to achieve higher quality Wireless Communication Facility installations but has since determined that Code refinements are needed to further address visual impacts of such facilities; and WHEREAS, Section 332( c )(7) of the Telecommunications Act of 1934 and Section 704(7)(A) of the Telecommunications Act of 1996 preserve state and local authority over zoning and land use decisions for wireless communication facilities; and WHEREAS, the zoning and development approval process play a critical role in ensuring that wireless communication facility development occurs in a manner that is consistent with General Plan policies related to promoting commercial enterprise, but also protecting existing neighborhoods and the appearance of the City's commercial districts; and WHEREAS, the City recognizes that the review and approval process for wireless communication facilities should not impede the public's access to competitive wireless services; and WHEREAS, the purpose of this ordinance amendment is to update definitions,requirements, and minimum standards for the design and siting of wireless communications facilities; and to minimize the visual impact of new wireless communication facilities on the community; and WHEREAS, the City intends this ordinance to clarify and enhance its policies and procedures in order to better balance community aesthetics with the desire of local residents,businesses, and visitors to have access to reliable wireless communication services; and WHEREAS, in accordance with State and local law, the Planning Commission conducted one duly-noticed public hearing on December 3, 2007 and a second hearing on January 21,2008 to consider the proposed amendment to the City' s Wireless Communication Facilities Ordinance, considered information presented by City staff and public testimony regarding the proposed amendment, and by a vote of not less than a majority membership recommended that the City Council approve the proposed amendment in the form of this ordinance; and WHEREAS, in accordance with State and local law, the City Council conducted a duly noticed public hearing on February 26, 2008 and a second on July 8, 2008 on the proposed amendment to the City's Wireless Communication Facilities Ordinance, reviewed and considered the recommendation of the Planning Commission, the proposed amendment in the form of this ordinance, the information presented by City staff, and public testimony regarding the proposed ordinance. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: Section 17.04.042 "W" Definitions of the Orange Municipal Code is hereby amended to read as follows: WIRELESS COMMUNICA nON FACILITY-Any roof-mounted, building-mounted, or ground-mounted facility and/or other related equipment, including Wireless Communication Facility Support Structure(s) as defined by this Code, necessary to provide commercial cellular service, or other personal communication service including, but not limited to, voice and/or data communications.SECTION II:Section 17 .12.025B.1.a. IS hereby amended to add the following application requirements:a. A statement that includes a declaration regarding the facility's capacity for future co-location, supporting information regarding why the proposed wireless facility location is required, and a brief explanation as to why the site was not co-located. In the case of nonstealth, non-co-Iocated ground-mounted facilities, applications shall include a list of alternative sites considered in the site selection process along with an indication as to why such alternative sites were rejected. The applicant shall demonstrate a good faith effort to co-locate on existing facilities.Section 17.12.025B.1.c of the Orange Municipal Code is hereby amended to read as follows:c. If a proposed facility falls within the area of potential effects of a location listed, or eligible for listing, in the National Register of Historic Places, and is not otherwise exempt from Section 106 of the National Historic Preservation Act, proof Section 17 .12.025B.1.d IS hereby amended to add the following application requirement: d. Documentation from a radio frequency engineer demonstrating the need for the given facility is required. Section 17.12.025B.2.b. of the Orange Municipal Code is hereby amended as follows: b. The method of enclosing or screening the equipment does not alter the site so as to require site plan review. Section 17.12.025B.5 is hereby amended to read as follows: 5. Any owner of a wireless communication facility and any person or entity leasing property for a wireless communication facility shall provide written notification to the City of the discontinuance of the use of a wireless communication facility for wireless communication purposes for any period longer than thirty (30) days. The notice shall state the date the use was discontinued and shall be addressed to City of Orange, Community Development Director, 300 East Chapman Avenue, Orange, CA 92866 and shall be placed in the United States mail within thirty-one (31) days of such discontinuance. This requirement applies to all wireless communication facilities and shall appear as a condition in any conditional use permits granted for a wireless communication facility.Section 17.12.025B.6 is hereby amended to read as follows:6. New co-location on existing antennas is encouraged and permitted in commercial, industrial, residential, PC, AI, RO, SG, and PI districts subject to minor site plan review provided the new facility:a. Is of stealth or non stealth design, unless;b. The non stealth design is located within a commercial or residential district, then design review will also be required.c. Does not increase the approved height of the structure on which it is mounted by more than fifteen (15) feet; and d. Conforms to the design and screening criteria specified in subsection C of this section.Section 17.12.025B.7 is hereby amended to read as follows:7. Ground-mounted stealth facilities outside of the Old Towne Historic District are permitted in all AI, RO, SG, PC, residential, commercial, industrial, and public institutional zones subject to minor site plan review provided that the installation conforms to the criteria specified in subsections C and D of Section 17.12.025B.8 is hereby amended to read as follows: 8. A co-located facility shall be a permitted use not subject to a discretionary permit if it satisfies the following requirements:a. The wireless telecommunications facility on which the co-located facility is proposed was subject to a discretionary permit by the City after January 1, 2007 and the future expansion or collocation was noted as a possibility in the original permit approved.b. The co-located facility is consistent with subsections C and D of this section.Section 17 .12.025B.9 is hereby amended to read as follows:9. A conditional use permit and design review is required for the following:a. All nonstealth wireless communication facilities that are not co-located In commercial, institutional, AI, RO, SG, and PC zones;b. Ground-mounted stealth and all nonstealth facilities located within the Old Towne Historic District.Section 17 .12.025B.1O is hereby amended to read as follows:10. A conditional use permit and design review may be required for all wireless facilities not addressed in subsections (B)(2) through ( B)(7) of this section.Section 17.12.025B.ll is hereby added to read as follows:11. Requirements for Granting Wireless Communications Facilities Conditional Use Permits. Conditional use permits may be heard and decided provided that findings are made based on the following guidelines.a. A conditional use permit shall be granted only if the wireless communication facility can be installed and operated in a manner that preserves the aesthetic character of the portion of the community in which it is located.b. A conditional use permit shall not be granted if it will cause deterioration of aesthetics for the area in which it is located.c. A conditional use permit shall be granted if it can be found that the distance separation standards between ground-mounted wireless communication facilities precludes the Section 17.12.025B Wireless Communication Facility Review Matrix of the Orange Municipal Code is hereby amended as follows: Zone Old Towne Historic District Residential Districts per section 17.14 and Planned Community District residential use) per section 17.26 Commercial Districts per section 17.18 Industrial Districts per section 17.20 Public Institution District per section 17.24 Wireless Communication Facility Review Matrix Stealth Stealth Co- Buildin (Groun Locate g- d- d Mounte Mounte NonSteal (Stealt d) d) th h) DRC] DRC/C DRC/CU SPRlDRC UP p3 SPR2 SPR2 SPR2 Co- Located NonStealt h) DRC/CUP SPRlDRC SPRlDRC SPR SPR AI, R-O, S-G, and PC Nonresident ial use)I. Minor site plan review may be required depending on the location of any support equipment.2. CDD may approve facilities on institutional or quasi- institutional sites.3. Non-stealth facilities are not permitted on residentially zoned property in the Old Towne Historic District.CDD = Community Development Director CUP = Conditional Use Permit DRC = Design Review Committee SPR = Minor Site Plan Review Not Permitted Staff'SPR DRC/ CU P SPR SPR Section 17.12.025C.8 of the Orange Municipal Code is amended as follows:Staff'SPR SPRlDRC SPR 8. All accessory equipment associated with the operation of a wireless communication facility not located within a building or similar structure shall be fully Staff]SPR DRC/ CU P SPR Staff'SPR DRC/ CU P enclosed and screened by dense landscaping or by locating it within a building, enclosure, or underground vault that complies with the development standards of the zone in which the accessory equipment is located. It may also be located behind a wrought iron fence, a block wall with a lattice roof, or an enclosure deemed equivalent by the Community Development Director. Any building materials used to enclose the accessory equipment shall be compatible with existing building materials in the immediate area. The landscape shall ensure substantial screening, except access gates, within two years of installation. 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. A maximum eight (8) foot fence enclosure will be permitted if required to fully conceal the wireless facility equipment. In the event that a wireless communication facility installation involves mounting on utility infrastructure or utility property not located in the public right-of- way, the installation shall comply the landscaping and screening standards identified in this section unless otherwise precluded by utility company operational requirements and standards. Under such circumstance, the applicant and utility company shall work to achieve a screening condition deemed appropriate by the Community Development Director or designee.Section 17.12.025C.9 is hereby added to read as follows:9. Co-located facility's support equipment shall be located as close to the existing equipment as the site will allow.Section 17 .12.025C.1 0 of the Orange Municipal Code is hereby added to read as follows:10. The accessory equipment associated with a facility located on public property, excluding those facilities located in the public right of way should be located within an underground vault, attached to the pole, or within an enclosure deemed suitable by the Community Development Director or his designee.Section 17.12.025C.11 is hereby amended to read as follows:11. All freestanding wireless communication facility support structures should be designed in a manner that their foundation is capable of supporting additional height and weight to accommodate co-location.Section 17.12.025C.12 of the Orange Municipal Code is hereby added to read as follows:12. Any new structure, building mounted antenna, or ground-mounted wireless facility in a residential zone that is not co-located is required Section 17.12.025C.13 is hereby added to read as follows: 13. Any facility located on a publicly owned or controlled property or utility infrastructure shall be compatible with the existing architecture, color, texture, and/or materials of the structure so as to be camouflaged from view. Section 17.12.025D.6 of the Orange Municipal Code is hereby added to read as follows: 6. Excluding those facilities that are co-located, located within the public right-of-way, or located on publicly owned or controlled property or utility infrastructure, wireless communication facilities shall be separated from each other as follows, unless the separation requirement precludes service:a. Any new wireless communication facility located within a half mile (2,640 feet) of any Residential zone shall be of stealth design to mitigate adverse visual and aesthetic impacts.b. Any new ground-mounted wireless communication facility located within a quarter mile (1,320 feet) of an existing ground- mounted facility, must be of stealth design, regardless of-the zone in which it is located.Section 17.12.025D.7 of the Orange Municipal Code is hereby added to read as follows:7. Notwithstanding any other prOVlSlon of this Code, any wireless communication facility whose use has been terminated or otherwise revoked shall be removed within 90 days of the date of revocation. Failure to comply with this provision shall constitute a public nuisance, which may be abated pursuant to Chapter 8. 04 of this Code.SECTION III A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen ( 15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk's a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933.ADOPTED this ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 22nd day of July, 2008, and thereafter at the regular meeting of said City Council duly held on the 26th day of August, 2008, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 8