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HomeMy WebLinkAboutOrdinance #3568 ORDINANCE NO. 3568 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY RELATING TO WIRELESS COMMUNICATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. In Section 203.06 of Chapter 203 of the Huntington Beach Municipal Code,the definition of Antenna, Communication is amended to read as follows: 203.06 Definitions Antenna, Communication. All types of receiving and transmitting antenna, except satellite dish antenna, including but not limited to cable television antenna, wireless communication antenna, FM digital communication antenna, microwave telephone communication antenna, amateur radio antenna, and short-wave communication antenna and other similar antenna. SECTION 2. Section 204.10 of Chapter 204 of the Huntington Beach Municipal Code, subpart I entitled "Communication Facilities,"is amended to read as follows: I. Communications Facilities. Broadcasting,recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; telegraph offices; and wireless communication facilities. SECTION 3. In Section 210.04 of Chapter 210, of the Huntington Beach Municipal Code, the list of land uses is amended to add "Communication Facilities" as a permitted use, subject to the new land use control description of L-5, as follows: RL RM RMH RMP Additional RH Provisions Communication Facilities. L-5 L-5 L-5 L-5 L-5 Only wireless communication facilities permitted subject to section 230.96 Wireless Communication Facilities. SECTION 4. In Section 211.04 of Chapter 211 of the Huntington Beach Municipal Code,the land use control designation for Communication Facilities is amended from "P" to the new designation of"L-13",as follows: CO CG CV Additional Provisions ord/02zonelchaps wireless7/24/02 1 Ord.No.3568 CO CG CV Additional Provisions Communication Facilities. L-13 L-13 L-13 L-13 For wireless communication facilities see Section 230.96 Wireless Communication Facilities. All other communication facilities permitted. SECTION 5. In Section 212.04 of Chapter 212 of the Huntington Beach Municipal Code, the land use control designation is amended from "P"to the new description of"L-12" as follows: IG IL Additional Provisions Communication Facilities L-12 L-12 L-12 For wireless communication facilities see section 230.96 Wireless Communication Facilities. All other communication facilities permitted. SECTION 6. In Section 213.06 of Chapter 213 of the Huntington Beach Municipal Code, the list of land uses is amended to add "Communication Facilities" as a permitted use, subject to the new land use control designation of L-4, as follows: OS-PR OS-S OS-WR Additional Provisions Communication Facilities L-4 L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. SECTION 7. In Section 214.06 of Chapter 214 of the Huntington Beach Municipal Code, the list of land uses is amended to add "Communication Facilities" as a permitted use, subject to the new land use control description of L-4, as follows: Additional PS Provisions Communication Facilities L-4 L-4 Only wireless communication facilities permitted subject to Section 230.96 Wireless Communication Facilities. or&02zone/chaps wireless7123/02 2 Ord. No.3568 SECTION 8. Section 230.72 of Chapter 230 of the Huntington Beach Municipal Code is hereby amended to read as follows: 230.72 Exceptions to Height Limits Chimneys; vent pipes; cooling towers; flagpoles; towers; spires; domes; cupolas; parapet walls not more than 4 feet high; water tanks; fire towers; transmission antennae (including wireless communication facilities); radio and television antennas (except satellite dish antennae); and similar structures and necessary mechanical appurtenances (except wind-driven generators) may exceed the maximum permitted height in the district in which the site is located by no more than. 10 feet. The Zoning Administrator may approve greater height with a conditional use permit. Within ,the coastal zone exceptions to height limits may be granted only when public visual resources are preserved and enhanced where feasible. SECTION 4. Section 230.80 of Chapter 230 of the Huntington Beach Municipal Code is hereby amended to read as follows: 230.80 Antennae A. Purpose. The following provisions are established to regulate installation of antennae to protect the health, safety, and welfare of persons living and working in the City and to preserve the aesthetic value and scenic quality of the City without imposing unreasonable limitations on, prevent the reception of signals, or imposing excessive costs on the users of the antennae. B. Permit Required. Approval by the Director shall be required for the installation of an antenna or satellite antenna to ensure compliance with the locational criteria. Construction shall be subject to the provisions of the Uniform Building Code and National Electrical Code, as adopted by the City. Within the coastal zone, approval of a coastal development permit shall be required for installation of any antenna that meets the definition of development in Section 245.04 unless it is exempt pursuant to Section 245.08.(3334) C. Locational Criteria: Satellite Antennae. A satellite antenna may be installed on a lot in any zoning district if it complies with the following criteria: 1. Number: Only one satellite antenna may be permitted on a residential lot. 2. Setbacks: Interior side and rear property lines, 10 feet, except that no setback shall be required in interior side and rear setback areas if the antenna or satellite antenna does not exceed 6 feet in height. No antenna or satellite antenna shall be located in a required front yard. When roof-mounted, the antenna or satellite antenna shall be located on the rear one-half of the roof. 3. Maximum Height: a. The maximum height of a satellite antenna shall not exceed 10 feet if installed on the ground or the maximum building height for the district in which the satellite antenna is located, if roof-mounted. b. The maximum height of an antenna shall not exceed the maximum building height for the district in which the antenna is located. ordl02zonelchaps wireless7124102 3 Ord.No.3568 4. Maximum Dimension: The maximum diameter of a satellite antenna shall not exceed 10 feet in all districts with the exception that the diameter may be increased in non-residential districts if a conditional use permit is approved by the Zoning Administrator. 5. Screening: The structural base of an antenna or satellite antenna, including all bracing and appurtenances, but excluding the antenna or dish itself, shall be screened from public view and adjoining properties by walls, fences, buildings, landscape, or combinations thereof not less than 7 feet high so that the base and support structure are not visible from beyond the boundaries of the site at a height-of-eye 6 feet or below. 6. Undergrounding: All wires and/or cables necessary for operation of the antenna or satellite antenna or reception of the signal shall be placed underground, except for wires or cables attached flush with the surface of a building or the structure of the antenna or satellite antenna. 7. Surface Materials and Finishes: No advertising or text or highly reflective surfaces shall be permitted. 8. Exception: Requests for installation of an antenna or satellite antennae on sites that are incapable of receiving signals when installed pursuant to the locationai criteria may be permitted subject to conditional use permit approval by the Zoning Administrator. The applicant shall submit documentation that installation at a height greater than permitted, or in another yard area, is necessary for the reception of usable antenna or satellite signals. .Applications shall be.approved upon finding that the aesthetic value and scenic quality of the City is preserved, pedestrian or vehicular traffic vision is not obstructed, and upon the findings contained in Chapter 241. SECTION 10. Chapter 230 of the Huntington Beach Municipal Code is hereby amended by adding new Section 230.96 thereto, to read as follows: 230.96 Wireless Communication Facilities A. Purpose. All wireless communication facilities shall comply with these requirements and guidelines in order to regulate the location and design of wireless facilities for the protection of public safety, general welfare, and quality of life in the City of Huntington Beach. B. Permit Required. 1. Administrative approval by the Director may be granted for proposed wireless communication facilities (including but not limited to ground mounted, co- located, wall, roof, or utility mounted)that are: a. Co-located to approved facilities at existing heights or complies with the base district height limit for modified facilities, and compatible with ord102zone/chaps wireless7/23/02 4 Ord.No.3568 surrounding buildings and land uses by incorporating stealth techniques; or b. Completely stealth facilities and complies with the base district height limit; or C. Facilities in non-residential districts and in compliance with the maximum building height permitted within the zoning district; and 1. Screened from view and not visible from beyond the boundaries of the site at eye level (six feet); or 2. Substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or 3. Designed to be architecturally compatible with surrounding buildings and land uses by incorporating stealth techniques. 2. Conditional use permit approval by the Zoning Administrator shall be required for all proposed wireless communication facilities (including but not limited to ground mounted, co-located, wall, roof or utility mounted) that are: a. Exceeding the maximum building height permitted within the zoning district; or b. Visible from beyond the boundaries of the site at eye level (six feet); or C. Not substantially integrated with the architecture of the existing building or structure to which it is to be mounted; or d. Not designed to be architecturally compatible with surrounding buildings and land uses; or e. Facilities in residential districts that do not meet B.La or B.Lb. 3. Design review shall be required for wireless communication facilities located in redevelopment areas, on public right-of-ways, in OS-PR and PS zones, in areas subject to specific plans, on or within 300 feet of a residential district, and in areas designated by the City Council. Design review is not required for wireless communication facilities that comply with section B.1. C. Definitions. For the purpose of this section, the following definitions for the following terms shall apply: ord/02zone/chaps wireless7/24/02 5 Ord.No.3568 L Accessory Structure. Any structure or equipment that is to be located ancillary to an antenna or antennas in the establishment and operation of a wireless communication facility. 2. Co-Location or Co-Located. The location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common supporting structure,wall or building. 3. Completely Stealth Facili Any stealth facility that has been designed to completely screen all aspects of the facility including appurtenances and equipment from public view. Examples of completely stealth facilities may include,but are not limited to architecturally screened roof-mounted antennas, facade mounted antennas treated as architectural elements to blend with the existing building,flagpoles, church steeples, fire towers, and light standards. 4. Ground Mounted_Facility. Any wireless antenna that are affixed to a pole, tower or other freestanding structure that is specifically constructed for the purpose of supporting an antenna. 5. Microwave Communication. The transmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum). 6. Pre-existing Wireless Facility. Any wireless communication facility for which:a building permit or conditional use permit has been properly issued prior to the effective date of this ordinance,including permitted facilities that have not yet been constructed so long as such approval is current and not expired. 7. Roof Mounted. Any wireless antenna directly attached or affixed to the roof of an existing building,water tank,tower or structure other than a telecommunications tower. 8. ,Stealth Facilitv or Techniques. Any wireless communication facility, which is designed to blend into the surrounding environment,typically, one that is architecturally integrated into a building or other concealing structure. See also definition of completely stealth facility. 9. Telecommunication Facility A wireless communication facility that is either wall mounted, utility mounted, or roof mounted. l0. Utility Mounted. Any wireless antenna mounted to an existing above-ground structure specifically designed and originally installed to support utilities such as but not limited to electrical power lines, cable television lines,telephone lines, non-commercial wireless service antennas, radio antennas, street lighting, recreational facility lighting,traffic signal equipment or any other utility which meets the purpose and intent of this definition. ordl02zonelchaps wireiess7l23/02 6 Ord.No.3568 11. Wall Mounted. Any wireless antenna mounted on any vertical or nearly vertical surface of a building or other existing structure that is not specifically constructed for the purpose of supporting an antenna(including the exterior walls of a building, an existing parapet,the side of a water tank, the face of a church steeple, or the side of a freestanding sign) such that the highest point of the antenna structure is at an elevation equal to or lower than the highest point of the surface on which it is mounted. 12. Wireless Communication Facility or Facility. An antenna structure and any appurtenant facilities or equipment that are used in connection with the provision of wireless communication service, including, but not limited to digital, cellular and radio service. D. Applicability. 1. All wireless communication facilities which are erected, located, or modified within the City of Huntington Beach on or following the effective date of section 230.96 shall comply with these guidelines, subject to the categorical exemptions under subparagraph (3) of this section, provided that: a. All facilities, for which applications were determined complete by the Planning Department prior to the effective date of this section, shall be exempt from these regulations and guidelines. b. All facilities for which Building and Safety issued building permits prior to the effective date of section 23096 shall be exempt from these regulations and guidelines, unless and until such time as subparagraph (2) of this section applies. C. Any facility, which is subject to a previously approved and valid conditional use permit, may be modified within the scope of the applicable permit without complying with these regulations and guidelines. 2. All facilities for which building permits and any extension thereof have expired shall comply with the provisions of section 230.96. 3. The following uses shall be exempt from the provisions of section 230.96 until pertinent federal regulations are amended or eliminated. See Section 230.80 (Antennae) for additional requirements. a. Any antenna structure that is one meter(39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to- home satellite service for television purposes,.as defined by Section 207 of the Telecommunication Act of 1996, Title 47 of the Code of Federal Regulations, ord/02zonelchaps wireless7123102 7 Ord.No.3568 and any.interpretive decisions thereof issued by the Federal Communications Commission(FCC). b. Any antenna structure that is two meters (78.74 inches) or less in diameter located in commercial or industrial zones and is designed to transmit or receive radio communication by satellite antenna. c. Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends more than five (S) feet above the principle building on the same lot. d. Any antenna structure that is designed to receive radio broadcast transmission. e. Any antenna structure used by authorized amateur radio stations licensed by the FCC. E. Facility Standards. 1 Aesthetics: a. Facility: All screening used in conjunction with a wall or roof mounted facility shall be compatible with the architecture of the building or other structure to which it is mounted, including color, texture and materials. All ground mounted facilities shall be designed to blend into the surrounding environment, or architecturally integrated into a building or other concealing structure. b. Equipment/Accessory Structures: All equipment associated with the operation of the facility, including but not limited to transmission cables, shall be screened in a manner that complies with the development standards of the zoning district in which such equipment is located. Screening materials and support structures housing equipment shall be architecturally compatible with surrounding structures by duplicating materials and design in a manner as practical as possible. If chain link is used, then it must be vinyl coated and not include barbed wire. C. General Provisions: All Wireless Communication Facilities shall comply with the Huntington Beach Urban Design Guidelines. 2. Building Codes: To ensure the structural integrity of wireless communication facilities,the owners of a facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. ord/62zone/chaps wireless7123M 8 Ord.No.3568 3. Conditions of Approval. Acceptance of conditions by the applicant and property owner shall be ensured by recordation of the conditions on the property title. 4. Federal Re uirements: All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. 5. Interference: To eliminate interference the following provisions shall be required for all wireless communication facilities regardless of size: a. Prior to issuance of a building permit, the applicant must submit the following information to the Police Department for review: 1. All transmit and receive frequencies; 2. Effective Radiated Power (ERP); 3. Antenna height above ground; and 4. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. At all times, other than during the 24-hour cure period, the applicant shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. C. Before activating its facility, the applicant shall submit to the Police and Fire Departments a post-installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division-approved contractor at the expense of the applicant shall conduct this test. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning"process has been met. d. The applicant shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. ord/02zone/chaps wirdess7123/02 9 Ord.No.3568 e. The applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. 6. Lighting: All outside lighting shall be directed to prevent "spillage" onto adjacent properties_, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. 7. Maintenance: All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti-graffiti coating. 8. Monitoring: For all wireless communication facilities, the applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. 9. Signs: The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. F. Site Selection. For all wireless communication facilities, the applicant shall provide documentation that demonstrates the following: 1. Compatibility with the surrounding environment or architecturally integrated into a structure. 2. Screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures as measured from beyond the boundaries of the site at eye level (six feet). 3. Massing and location of the proposed facility are consistent with surrounding structures and zoning districts. 4. No portion of a wireless communication facility shall project over property lines. G. Facilities in the Public Ri hg to€Way. Any wireless communication facility to be placed over, on or beneath the public right-of-way shall comply with the following standards: l. Any wireless communication facilities to be constructed on or beneath the public right-of-way must have a franchise agreement with the City or the owner that has a wireless franchise agreement with the City, or the applicant must provide documentation demonstrating that the applicant is a state-franchised telephone corporation exempt from local franchise requirements. 2. All equipment associated with the operation of a facility, including but not limited to transmission cables, shall be placed underground in those portions of the street, sidewalks and public rights-of-way where cable television, telephone or electric ord/02zonelohaps wireiess7123/02 10 Ord.No.3568 lines are underground. At no time shall equipment be placed underground without appropriate conduit. 3. The City Engineer shall approve the location and method of construction of all facilities located within public rights-of-way. 4. All wireless communication facilities shall be subject to applicable City permit and inspection fees, including, but not limited to, those pertaining to encroachment permits and all applicable fees. ]. Any wireless communication facility installed, used or maintained within the public rights-of-way shall be removed or relocated when made necessary by any "project." For purposes of this section, project shall mean any lawful change of grade, alignment or width of any public right-of-way, including but not limited to, the construction of any subway or viaduct that the City may initiate either through itself, or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. 6. Wireless communication facilities may be installed on existing utility poles, conduits and other facilities of a public utility, with the approval of the City Engineer,provided a franchise agreement exists allowing wireless installation. 7. Prior to the approval of any required building permits or entitlements (Conditional Use Permits, Variances, etc.) the applicant shall have a franchise agreement approved by the City Council. H. Facilities on Public Property. Any wireless communication facility to be placed over, on or beneath public property shall comply with the following standards: 1. Wireless communication facilities shall be installed in accordance with all applicable City codes and ordinances, including, but not limited to, standards for paving in the event that any undergrounding of utilities is required. 2. Any wireless communication facilities to be constructed on or beneath public property must have a lease agreement with the city. I. Additional Requirements. 1. Landscaping: Landscape planting, irrigation and hardscape improvements may be imposed depending on the location, the projected vehicular traffic,the impact on existing facilities and landscape areas, and the visibility of the proposed facility. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning may be required. Public Works inspectors may require additional improvements during installation based on facility impacts. ord/02zone/chaps wireless7/23/02 11 Ord.No.3588 2. Utility Agreement: If the proposed facility will require electrical power or any. other utility services to the site,the applicant will be required to furnish the City's Real Estate Services Manager, either a drafted utility franchise agreement between the City of Huntington Beach and the applicant to place those lines in the public right-of-way, or a written statement from the utility company who will be suppiying.the power or other services;that.they accept all responsibility for those lines in the public right-of way. J. Facility Removal. 1. Cessation of Operation: Within thirty(30) days of cessation of operations of any wireless communication facility approved under this section,the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned pursuant to the following sections unless: a. The City has determined that the operator has resumed operation of the wireless communication facility within six(6)months of the notice; or b. The City has received written notification of a transfer of wireless communication operators. 2. Abandonment: A facility that is inoperative or unused for a period of six (6) continuous months shall be deemed abandoned. Written notice of the.City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person,or mailed to the address(es)stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail_ 3. Removal of Abandoned Facility: The operator of the facility and the owner(s) of the property on which it is located, shall within thirty(30) days after notice of abandonment is given either(1)remove the facility and restore the premises,or (2)provide the Planning Department with written,objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six-(6)month period and that it is presently operational. The Director shall review all evidence, determine whether. or not the facility was properly deemed abandoned, and provide the operator notice of its determination. 4. Removal by City: At any time after thirty-one (31)days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable,the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may,but shall not be required to, store the removed facility(or any part thereof). The owner of the premises upon which the abandoned facility ord102zonelchaps wireless723102 12 Ord.No.3568 was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. SECTION 11. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of August 2002. Mayor ATTEST: APPROVED AS TO FORM: City Clerk zty Attorney REVIEWED AND APPROVED: 7 INIT 4ectoiKf ND APPROVED: ��v City A inistrator Dir Planning ordl02zone/chaps wireless7/23/02 13 . ........ ...... ... Ord. No. 3568 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do - hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day of August, 2002, and was again read to said City Council at a regular meeting thereof held on the 19th day of August, 2002, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Dettloff,Boardman, Cook,Houchen, Winchell, Bauer NOES: None ABSENT: Green(out of room) ABSTAIN: None I,Connie Brockway,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on „. ............ I, Q gu? 2002 In accordance with the City Charter of said City City Clerk and ex-off cio Clerk / Connie Brockway, Qy Clerk of the City Council of the City 7 deputy City Clerk of Huntington Beach, California