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Home My WebLink AboutORD-04-05 Amend Varous Sections- Wireless Communication FacilitiesORDINANCE NO. 4- 05 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING SECTIONS 17.04, 17.10, 17.12, 17.14, 17.18, 17. 20,17.22, AND 17.24 OF THE ORANGE MUNICIPAL CODE TO PROVIDE NEW DEFINITIONS AND PROCEDURES PERTAINING TO THE PLACEMENT 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, Section 332(c) (7) of the Telecommunications Act of 1934 and Section 704 (7)(A) of the Telecommunication Act of 1996 preserve state and local authority over zoning and land use decisions for wireless communication facilities; and WHEREAS, the zoning and site approval process plays a critical role in ensuring that wireless facility development occurs in a manner that is consistent with land use priorities; and WHEREAS, the City recognizes that the approval process should not be implemented in a manner that prohibits competitive wireless services; and WHEREAS, the purpose of this ordinance amendment is to update requirements,criteria and minimum standards for the design and installation of wireless communications facilities; to minimize the number of visible towers and antennas constructed; and to minimize any adverse effects of towers, antennas and equipment on properties which are adjacent to, or near, proposed towers; and WHEREAS, the City intends this ordinance to provide clear siting policies and procedures that properly balance community aesthetics with the desire of local residents,businesses, and visitors to have access to reliable wireless communication services. I NOW THEREFORE, the City Council of the City of Orange hereby ordains as follows:SECTION I:Chapter 17.04 (Definitions) is hereby amended to add the following definitions to the list of alphabetical subsections:ANTENNA, BUILDING MOUNTED - Any antenna mounted to an exterior building wall or fayade or onto the exterior surface of another structure such as a water tank, church steeple, freestanding sign, power or light poles (excluding poles within the public right-of-way), or similar structure, but not including the roof of any building or structure.ANTENNA, ROOF MOUNTED - Any antenna that is mounted on the roof of a building, above the eave line of the building.ANTENNA, STEALTH - Any antenna designed to be architecturally integrated into the structure it is mounted on or blend into the surrounding environment (i.e., mono- pine, mono-palm, flagpole, etc.) so that the antenna is not discernible as an antenna.CO-LOCATION - The locating of wireless communication equipment/ antennas by more than one wireless service provider on a single building-mounted, roof mounted,or ground mounted wireless communication facility.WIRELESS COMMUNICATION FACILITY - Any roof mounted, building mounted, or ground mounted facility and/or other related equipment necessary to provide commercial cellular service, or other personal communication service including, but not limited to, voice and/or data communications.WIRELESS COMMUNICATION FACILITY SUPPORT STRUCTURE( S)A structure primarily designed to support wireless communication facilities including,but not limited to, monopoles, towers, artificial landscape features (e.g. trees and rocks),building ornamentation, and other freestanding self- supporting structures.SECTION II:Section17.10.040.D.7 (Variances) of the Orange Municipal Code IS hereby amended to read as follows:7. Waiver of antenna requirements for height, location, site, and setbacks, except for wireless communication facilities as defined in Chapter 17. 04.SECTION III:Chapter 17.12 (General Regulations) of the Orange Municipal Code is hereby amended to delete Section I7.12.020.B (Wireless Communication Antennas) in its entirety.SECTION IV:Section 17. I2.020.C (Satellite Dish Antennas) is hereby amended by revising the subsection title to read as follows:Section I 7.12.020.B Satellite Dish Antennas SECTION V: I Section 17. I2.020.D (Other Antennas) IS hereby amended by revising the subsection title to read as follows: Section 17.12.020.C Other Antennas SECTION VI: Chapter 17.12 (General Regulations) of the Orange Municipal Code is hereby amended to add Section 17.12.025 to read as follows: Section 17.12.025 Wireless Communication Facilities A. General Provisions I. Purpose. The purpose of these regulations and guidelines is to provide a uniform and comprehensive set of standards for development and installation of wireless communication facilities. The regulations contained herein are designed to protect and promote the aesthetic quality of the community while accommodating managed development of wireless communication infrastructure. B. Application Procedure. In order to allow for flexibility and creativity in the siting and design of wireless communication facilities, applications shall be subject to the following review process: I. In addition to the application requirements identified in Section 17.08.030, wireless communication facility applicants shall submit the following supplemental materials to the Planning Division: a. A statement and map identifying the location of all their wireless communication facilities in the City. The statement shall include a declaration regarding the facility's capacity for co- location.b.A visual impact demonstration using photo- simulations, elevations,or other visual or graphic illustrations from adjacent properties and/or public rights-of-way as coordinated with Planning staff depicting the potential visual impact( s) of the wireless communication facilityin its proposed setting.I c. Proof of compliance with Section 106 of the National Historic Preservation Act for any wireless communication facility proposed in the Old 2. Building or structure mounted stealth antennas in AI, RO, sa, PI, OP, CP, Cl, C2, C3, CR, Ml, and M2 districts outside of the Old Towne Historic District with completely enclosed or screened support equipment may be approved administratively by Planning Division staff under the following circumstances: a. A determination can be made that the facility is architecturally compatible and integrated with the existing structure and surroundings; and b. The method of enclosing or screening the equipment does not require Site Plan Review based on the criteria identified in Section 17.10.060. 3. Building or structure mounted stealth antennas located within the Old Towne Historic District, or those in non-residential districts outside of the Historic District determined by Planning Division staff not to be adequately integrated or architecturally compatible with the existing structure, must obtain approval from the Design Review Committee.4. Building, structure, or ground mounted wireless facilities in residential zones on property with an institutional or quasi-institutional use may be approved by the Community Development Director or designee, provided the wireless facility employs a stealth design. If the wireless facility does not use a stealth design, the wireless facility will be subject to the same requirements as other facilities within residential zones.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 of longer than 30 days. The notice shall state that 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 3 I days of such discontinuance. This requirement applies to ail wireless communication facilities and shall appear as a condition in any conditional use permits granted for a wireless communication facility.6. Co-located antennas are encouraged and permitted in AI, RO, SG,PI, OP, CP, Cl, C2, C3, CR, MI, and M2 districts subject to Minor Site Plan Review provided the new facility:a. Is of stealth design;b. Does not increase the approved height of the structure on which it is mounted by more than 15 feet; and 4m'M""~'~~"'''"____'__'' -- -- ---- c. Conforms to the Design and Screening criteria specified III subsection C. I 7. Ground-mounted stealth facilities outside of the Old Towne Historic District are permitted in all commercial, industrial, and institutional zones subject to Minor Site Plan Review and Design Review provided that the installation conforms to the criteria specified in subsections C and D of this section (17.12. 025). 8. following:A Conditional Use Permit and Design Review is required for the a.All wireless communication facilities located in residential, open space, and Planned Community zones, unless otherwise specified within a specific plan;b.Ground-mounted stealth facilities located within the Old Towne Historic District; and c. Other non-stealth wireless communication facilities III the commercial, industrial, or institutional zones.9. A Conditional Use Permit and Design Review is required for all wireless facilities not addressed in subsections 2 through 7 above.I Wireless Communication Facilitv Review Matrix Zone Stealth Stealth Non-Stealth Co-Located Co-Located Building (Ground (Stealth) (Non-Stealth)Mounted) Mounted)Old Towne Historic DRC' DRC/CUP DRC/CUP CUP CUP District RI-6, RI- 7, RI-8, CUP-' DRC/CUP DRC/CUP CUP CUP RI-IO, RI- I2, RI-15, RI-20, RI-40,RI-R, R2-6, R2-7,R2- 8, R-3, R-4, MH,PC (Residential use) OP, CP, CI, C2, C3, Staff SPRlDRC DRC/CUP SPR CUP CR MI andM2 Staff SPRlDRC DRC/CUP SPR CUP PI Staff SPRlDRC DRC/CUP SPR CUP AI, R-O, S-G, and Staff! DRC/CUP DRC/ CUP SPR CUP PC (Non-residential use)1. Mmor Site Plan ReView may be reqUIred dependmg on the locatIOn of any support eqUIpment.2. COO may approve facilities C. Design and Screening Criteria. All wireless communication facilities shall comply with the following design and screening criteria: I. Wireless communication facilities shall incorporate stealth design whenever feasible so as to minimize aesthetic impacts on surrounding land uses. 2. Wireless communication facilities shall be designed with subdued colors and non-reflective materials which will architecturally blend in with surrounding materials and colors.3. Wireless communication facilities shall be located in areas where existing topography, vegetation, buildings, or other structures, provide the greatest amount of screening so as to minimize aesthetic impacts on surrounding land uses.4. Screening for building or roof-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building.5. Ground mounted facilities shall be compatible with the architecture, color, texture, and/or materials of the building or surrounding area and landscaping.6. Stealth wireless facilities designed to resemble natural features such as trees or rocks, shall be integrated into the surrounding environment through the planting oftrees and/or shrubs distributed around the entire facility to appear as a naturally occurring or integrated landscape element. Standard trees shall be a minimum 36 inch box. Palm trees shall have a minimum brown trunk height of 16 feet.7. Any mono-pine, mono-palm, or other type of artificial tree shall incorporate a sufficient amount of "architectural branches" (including density and vertical height) and design material so that the structure is as natural in appearance as possible.8. All accessory equipment associated with the operation of a wireless communication facility shall be fully 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.Any building materials used to enclose the accessory equipment shall be compatible with existing building materials in the immediate area. Sufficient landscaping shall be provided to visually 9. All freestanding wireless communication facility support structures shall be designed in a manner that their foundation is capable of supporting additional height and weight to accommodate co- location. I D. Site Development Standards. All wireless communication facilities shall comply with the following site development standards:a. Antenna elements may be mounted on rooftops provided that they do not exceed ten feet in height as measured from the roof plane,and the combined height of the building and antenna does not exceed the height limitations of the underlying zone. If the building itself exceeds the height limitations of the zone, and such excess height was legally established (for example, approved by conditional use permit), then the combined height of the building and antenna shall not exceed the maximum height allowed by such approval.b. The maximum height of any wireless communication facility, other than roof mounted facilities, shall be governed by the height requirements of the zone in which the facility is located.Exceedance of the maximum height may be granted through a Conditional Use Permit.c. Wireless communication facilities shall conform to all building setback requirements, and all equipment associated with their operation shall comply with the development standards for the zone in which they are located.d. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warnmg, or other legally required seals or signage.e. Monopoles, antennas, and support structures for antennas shall be no greater in diameter or any other cross-sectional dimension than is reasonably necessary for the proper functioning and physical support of the wireless communication facility.I SECTION VII:Section 17.14.050. (Special Use Regulations in Residential Zones) of the Orange Municipal Code is hereby amended as follows:C. Antennas. Subject to the provisions contained in Orange Municipal Code Section 17. 12.025. SECTION Section 17.14.060 (Conditional Use Regulations in Residential zones) of the Orange Municipal Code is hereby amended as follows: B. Antennas, Wireless Communication. Wireless communication antennas shall only be established in accordance with the provisions in Section 17.12.025. SECTION IX: Section 17.18.060 (Special Use Regulations in Commercial Districts) of the Orange Municipal Code is hereby amended to read as follows: C. Antennas, Wireless Communication. All such uses shall comply with the regulations outlined in Section 17.12.025 of this title. SECTION X: Section 17.18.070 (Conditional Use Regulations in Commercial Districts) of the Orange Municipal Code is hereby amended to read as follows: C. Antennas, Wireless Communication. All such uses shall comply with the regulations outlined in Section 17.12.025 of this title. SECTION XI: Section 17.20.050 (Special Use Regulations in Industrial Districts) of the Orange Municipal Code is hereby amended to read as follows: B. Antennas, Wireless Communication. All such uses shall comply with the regulations outlined in Section 17.12.025 ofthis title. SECTION XII: Section 17.20.060 (Conditional Use Regulations in Industrial Districts) of the Orange Municipal Code is hereby amended to read as follows: A. Antennas, Wireless Communication. All such uses shall comply with the regulations outlined in Section 17.12.025 of this title. SECTION XIII: Section 17.22.060 (Conditional Use Regulations In Agricultural and Open Space Districts) of the Orange Municipal Code is hereby amended to read as follows: C. Antennas, Wireless Communication. All such uses shall comply with the regulations outlined in Section 17.12.025 of this title. 8 SECTION XIV: I Section 17.24.040 (Special Use Regulations in Public Institution District) of the Orange Municipal Code is hereby amended to read as follows: B. Antennas, Wireless Communication. All such uses shall comply with the regulations outlined in Section 17.12.025 of this title. SECTION XV: Section 17.24.045 (Conditional Use Regulations in Public Institution District) of the Orange Municipal Code is hereby amended to read as follows: A. Antennas, Wireless Communication. All such uses shall comply with the regulations outlined in Section 17.12.025 of this title. ADOPTED this 24th day of May, 2005. t of Orange ATTEST: t1 ange 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 10th day of May, 2005, and thereafter at the regular meeting of said City Council duly held on the 24th day of May, 2005, was duly passed and adopted by the following vote, to wit: I AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None 9