HomeMy WebLinkAboutOrdinance #4069 ORDINANCE NO 4069
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH
ZONING AND SUBDIVISION ORDINANCE RELATING TO
WIRELESS COMMUNICATIONS FACILITIES
(ZONING TEXT AMENDMENT NO 14-002)
WHEREAS, pursuant to the California State Planning and Zoning Law,the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Text Amendment No 14-002, which amends Chapter
230 of the Huntington Beach Zoning and Subdivision Oidmance relating to wireless
communication facilities; and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION I Subsections B and D of Section 230 96 of Chapter 230 of the Huntington
Beach Zoning and Subdivision Ordinance are hereby amended to read as follows
230.96 Wireless Communication Facilities
A Purpose This Section of the Zoning Code is to protect public safety, general welfare,
and quality of life by regulating the location, height and physical characteristics and provide
for orderly and efficient placement of Wireless Communications Facilities in the City of
Huntington Beach
Because of the potential negative aesthetic impacts of Wireless Communications Facilities,
including visual blight and diminution of property value, the City endeavors to locate
antennas within commercial, industrial and other non-residential zones, screen them ftom
view, and encourage co-location with other Wireless Communication Facilities However,
the Federal Telecommunications Act, specifically 47 U S C Section 332(c)(7), preempts
local zoning where a Wireless Facility is necessary to remedy a significant gap in the
Wireless Provider's service Consequently, where the City deteimmes that the Facility does
not satisfy City planning and zoning standards, the Wireless Provider may then choose to
establish Federal preemption because (i) a significant gap in wireless coverage exists, and
(ii) there is a lack of feasible alternative site locations A rnyiiad of factors are involved in
determining if a gap is significant, such as- whether the gap affects a commuter highway;
the nature and character of the area and the number of potential users affected by the alleged
lack of service; whether the signal is weak or nonexistent, and whether the gap affects a
commercial district Consequently, the City will requite scientific evidence from an expect
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in the field demonstrating the existence of a significant gap in service, and a lack of feasible
alternative sites The applicant will be required to pay for the cost of said expert opinion
B Definitions For the purpose of this Section, the following definitions for the following
terms shall apply
1. Accessoiy 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. Cit,r�perty. Property owned by the City of Huntington Beach, excluding any
Public Right-of-Way,
3 Co-Location or Co-Located. The location or placement of multiple Wireless
Communication Facilities which are either owned or operated by more than one
service provider at a single location and mounted to a common supporting structui e,
wall or building
4 Completely Stealth Any Wireless Communication 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 ale not
limited to, architecturally screened roof mounted antennas, fayade mounted antennas
treated as architectural elements to blend in with the existing building, chug ch steeples,
fire towers, and flag poles and light standards of a typical diameter.
5 Data Collection Unit("DCUs") A Wireless Communication Facility comprised
of a collection unit, a solar panel and whip antennas used for receiving and/or
transmitting wireless signals from distributed gas and water data collector meters,
which is a stand-alone facility not connected via fiber optic or other physical wiring to
any other facility No Wireless Communication Facility operated by an electric
corporation, a telephone corporation, a personal wireless service provides, a
commercial mobile service provider or a mobile telephone service provider shall be
considered a DCU
Size Solar panels not larger than 7 square feet, whip antennas not longer than 40
inches, and collection units not larger than 1.5 cubic feet DCUs shall be designed to
blend into the surrounding environment and minimize the visual appearance by
matching the color of the poles or buildings where the DCU is located.
6 Ground Mounted Facility Any wireless antenna that is affixed to a pole, tower or
other freestanding structure that is specifically constructed for the purpose of
supporting an antenna
7 Microwave Communication The tiansmission or reception of radio
communication at hequencies of a miciowave signal (generally, in the 3 GHz to 300
GHz frequency spectrum)
8 Modified Facility An existing Wireless Communication Facility where the
antennas and/or supporting structure are proposed to be altered in any way from their
existing condition, including like-for-like replacement but excluding co-location.
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9 Pre-existing-.Wireless Facility Any Wireless Communication Facility for which a
building permit of conditional use permit has been properly issued prior to the
effective date of this ordinance, including permitted wireless antennas that have not yet
been constructed so long as such approval is curt ent and not expired
10. Public Right-of-WU The area across, along, beneath, in, on, over, under, upon,
and within the dedicated public alleys, boulevards, courts, lanes, places, roads,
sidewalks, streets, ways, private streets with public access easements within the City's
boundaries, and City owned properties, as they now exist or heieafter will exist
11 Roof Mounted Any wireless antenna directly attached or affixed to the roof of an
existing building, water tank, tower of structure othei than a telecommunications
tower
12 Stealth Tecluiiques Any Wireless Communication Facility, including any
appurtenances and equipment, which is designed to blend into the surrounding
environment Examples of Stealth Technique include, but are not limited to,
monopalms/monopines
13. 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 but not traffic
signals, recreational Facility lighting, or any other utility which meets the purpose and
intent of this definition.
14 Wall Mounted Any wireless antenna mounted on any vertical or nearly vertical
surface of a building of other existing structure that is not specifically constructed for
the purpose of supporting an antenna(including the exteiior 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 structuie is at an elevation
equal to or lower than the highest point of the surface on which it is mounted
15 Wireless Communication Facility of Facility or Wifeless Antenna An anteiuia
structure and any appurtenant facilities or equipment that transmits electronic waves of
is used for the transmission or receipt of signals that are used in connection with the
provision of wireless communication service, including, but not limited to digital,
cellular and radio service
C Applicability This Ordinance shall apply to all Wireless Communication Facilities
which are erected, located, placed or modified within the City of Huntington Beach.
D Exceptions. The following Wireless Communication Facilities shall be exempt from
this Ordinance.
1. Any Facility, which is subject to a previously approved and valid entitlement,
may be modified within the scope of the applicable permit without complying with
these fegulations However, modifications outside the scope of the valid entitlement or
any modification to an existing facility that does not have a previously approved and
valid entitlement is subject to the requirements of this ordinance
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2 Any antenna structure that is one meter (39 37 inches) or less in diainetei that 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, and any interpretive
decisions thereof
3. 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 o> receive radio
communication by satellite antenna.
4 Any antenna structure that is one meter (39 37 inches) or less in diameter of
diagonal measurement and is designed to receive Multzpoint Distribution Service,
provided that no pact of the antenna structure extends mole than five (5) feet above the
principle building on the same lot
5 Any antenna structure used by authorized amateur radio stations licensed by the
FCC
6 Any Data Collection Unit(DCU) on existing poles, or on any new poles within
the Public Right-of-Way or on City Property. DCUs shall comply with setback and
height requirements for the zone in which they are located. In addition, all DCUs must
comply with all City Municipal Code requirements, including but not linuted to
Chapter 12.38 regarding Encroachments and Chapter 17,64 regarding Underg>ounding
of Utilities DCUs shall be at least 500 feet from another DCU within the same
network
E. Process to Install and Operate Wireless Communication Facilities No Facility shall
be installed anywhere in the City without first securing either a Wireless Permit of a
Conditional Use Permit as required below
1 Wireless Permit Application The applicant shall apply to the Planning and
Building Department for a Wireless Permit by submitting a completed Wireless Permit
Application ("Application") and paying all required fees The Application shall be in
the form approved by the Director, and at a minimum shall provide the following
information
a Precise location of the Facility
b Evidence that the Facility is compatible with the surrounding envnonment
or that the facility is architecturally integrated into a structure
c Evidence that the facility is 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)
d Evidence that the massing and location of the proposed facility are
consistent with surrounding structures and zoning districts
e Evidence that no portion of the Facility will encroach over property lines
f Property owner authorization or evidence of fee ownership of property
whew the Facility will be installed In the case of City-owned property of any
public right-of-way, the applicant shall provide a license, lease, franchise, or other
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similar agreement from the City to place any Facility over, within, on, or beneath
City property or right-of-way.
g Locations of all other Wireless Antennas within 1,000 feet of a proposed
ground mounted facility Co-location of ground mounted facilities shall be
required where feasible whenever such a facility is proposed within 1,000 feet of
any existing Wireless Antenna
h Any other relevant information as required by the Director of Planning
and Building
The Planning and Building Department will initially review and determine if the
Application is complete The City may deem the Application incomplete and require
re-submittal if any of the above information is not provided.
2. Director Approval. Following submittal of a complete Application, the City will
determine whether the Facility may be approved by the Director or whether a
Conditional Use Permit or other entitlement is required Wireless Permit applications
will be processed based upon the location and type of antennas defined in herein
Although said classifications are assigned at project intake, a ie-evaluation of antenna
classifications may occur at any point in the process including at the time of review by
the Director, Zoning Administrator, Planning Commission or City Council
A Facility not subject to any other discretionary approval may be administratively
approved by the Director by issuing a Wireless Permit if it is-
a. Co-located on an existing approved Wireless Facility, does not exceed the
existing Wireless Facility heights, and employs Stealth Techniques such that the
co-located Wireless Facility is compatible with surrounding buildings and land
uses; or
b A modified Facility that complies with the base district height limit plus
up to an additional 10 feet of height as permitted in Section 230 72 and
compatible with surrounding buildings and land uses by incorporating stealth
techniques; or
c A Facility that complies with the base district height limit plus up to an
additional 10 feet of height as permitted in Section 230 72, is Completely Stealth
and is not ground or utility mounted.
The Director may require conditions of approval of the Facility in order to minimize
adverse health, safety and welfare impacts to the community
A decision of the Director to giant a Wireless Permit shall become final ten (10) days
following the date of the decision unless an appeal to the Pla>ming Commission is filed
as provided in Chapter 248 of the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO)
The Director shall issue findings of approval that the Facility meets the above criteria
and is not a detriment to the health, safety and welfare of the community
3 Zoning Administrator Approval In the event the Director determines that the
applicant does not meet the requirements for Director approval of a Wireless Pei nut,
then the applicant shall apply for a Conditional Use Permit (CUP) to the Zoning
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Administrator pursuant to Chapter 241 of the HBZSO Notwithstanding any other
provisions of the HBZSO, any new ground or utility mounted wifeless facilities shall
be required to obtain a CUP. CUP applications shall also include the same information
required under subsection E 1
The Zoning Administrator may require, as a condition of approval of the CUP that the
applicant minimize significant adverse impacts to the community and public visual
resources by incorporating one or more of the following into project design and
construction,
a Completely Stealth installations;
b Stealth Techniques,
C. Co-location and locating Facilities within existing building envelopes,
d Colofization or landscaping to minimize visual prominence, and/or
e Removal or replacement of Facilities that are obsolete
Further conditions of approval of a facility CUP may be imposed as provided in
Chapter 241 of the HBZSO. The Zoning Adminishator's decision may be appealed to
the Planning Commission in accordance with Chapter 248 of the HBZSO.
4. Design Review. Design review shall be required for any Wireless Communication
Facilities pursuant to the HBZSO as well as those located on public fight-of-way and
on or within 300 feet of a residential district or use in the City
Notwithstanding any other provisions of the HBZSO, design review is not required fof
Wireless Communication Facilities that may be approved by the Director pulsuant to
subsection E 2 (Director Approval) above and have all appurtenant facilities and
equipment located undefground of within an existing building or existing enclosure
F Applicant May Assert Federal Preemption At Time of Appeal To Planning
Commission
1 If the decision on the Wireless Permit or Conditional Use Permit is appealed
(either by applicant or an aggfieved party) to the Planning Commission, the Applicant
may assert that Federal Law preempts the City from denying the application because
denial would effectively prohibit Wireless Service The applicant shall pay a Denial of
Effective Service appeal fee in an amount to be established by City Council
Resolution, which amount shall be the estimated cost for the City to fetain an
independent, qualified consultant to evaluate any technical aspect of a proposed
Wireless Communications Facility, including, but not limited to, issues involving
whether a significant gap in coverage exists A Denial of Effective Service appeal must
be submitted prior to the expiration of the appeal period for a Wireless Permit of
Conditional Use Permit
2 The Director shall establish the form of the Denial of Effective Service appeal At
a minimum, the Applicant shall provide the following information as part of its appeal
In order to prevail in establishing a significant gap in coverage claim the applicant
shall establish at minimum the following based upon substantial evidence
a. Evidence demonstrating the existence and nature of a significant gap in
service in the vicinity of the proposed Facility, including but not limited to
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whether the gap pertains to residential in-building, commercial in-building
coverage, in-vehicle coverage, and/oi outdoor coverage
b. Evidence demonstrating that the applicant has pursued other feasible sites
for locating the Facility, but that they are unavailable on commercially practicable
terms
c Evidence demonstrating the radio frequency signal strength transmission
requirements and objectives that the applicant has established for the Southein
California region, and for the City of Huntington Beach
d Radio frequency propagation maps demonstrating actual transmission
levels in the vicinity of the proposed Facility site, and any alternative sites
considered.
e. Radio frequency drive tests demonstrating actual transmission levels in the
vicinity of the proposed Facility site, and any alternative sites considered
f Reports regarding the applicant's monthly volume of mobile telephone
calls completed, not completed, dropped, handed-off, not handed-off, originated
and not originated for the signal area to be covered by the proposed Facility
g. Any proprietary information disclosed to the city or the consultant is
deemed not to be a public record, and shall remain confidential and not to be
disclosed to any third party without the express consent of the applicant, unless
otherwise required by law In the event the applicant does not provide this
information, the City may conclusively presume that no denial of effective service
exists
All of the information noted above shall be submitted to the City within 30 days of the
filing of the Denial of Effective Service appeal unless an extension is granted by the
Director
3 The Denial of Effective Service appeal shall be considered concurrently with the
Wireless Permit or CUP appeal hearing before the Planning Commission Prior to the
scheduling of the public hearing on the Wireless Permit or CUP appeal, the City
Attorney shall be authorized to issue administrative subpoenas to compel production of
such documents, testimony and other evidence relevant to the applicant's denial of
effective service claims
G. Wireless Communication Facility Standards The following standards shall apply to
all wireless communication facilities:
1. Screening All screening used in conjunction with a wall or roof mounted
Wireless Antenna shall be compatible with the architecture of the building o1 othei
structure to which it is mounted, including color, texture and materials All ground of
utility mounted facilities shall be designed to blend into the surrounding environment.
or architecturally integrated into a building or other concealing structure
2 Equipment/Accessory Structures All equipment associated with the operation of
the Wireless Antenna, 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 and Section 230.76. Screening materials
and support structures housing equipment shall be architecturally compatible with
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surrounding structures by duplicating materials and design in a manner as practical as
possible Chain link fencing and barbed wire are prohibited
3 General Provisions All Wireless Communication Facilities shall comply with the
Huntington Beach Urban Design Guidelines
4 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.
5 Co-Location- Co-location of ground mounted facilities shall be requited where
feasible whenever such a facility is proposed within 1,000 feet of any existing Wireless
Antenna
6 Federal and State Requirements All Wireless Communication Facilities must
meet or exceed current federal and state laws, standards and regulations of the FCC,
and any other agency of the federal of state government with the authority to regulate
Wireless Communication Facilities
7 Interference: To eliminate interference, 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 Wireless Antenna
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
8 Lightinp, 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
9 Maintenance: All facilities and appurtenant equipment including landscaping shall
be maintained to remain consistent with the original appearance of the Wireless
Antenna Ground mounted facilities shall be covered with anti-graffiti coating
10 Monitoring The applicant shall provide a copy of the lease agreement between
the property owner and the applicant prior to the issuance of a building pet mit
11 Suns- The Wireless Antenna shall not bear any signs or advertising devices other
than owner identification, certification, warning, or other required seals of signage
12 Landscaping Landscape planting, irrigation and haidscape improvements may be
imposed depending on the location, the piojected vehicular traffic, the impact on
existing facilities and landscape areas, and the visibility of the proposed Wireless
Antenna. Submittal of complete landscape and architectural plans for ref iew and
approval by the Directors of Public Works and Planning and Building Departments
may be required.
13 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
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Ord . No . 4069
of Huntington Beach and the applicant to place those lines in the public right-of-way,
or a written statement from the utility company that will be supplying the power or
other services, that they accept all responsibility for those lines in the public right-of-
way
H. Facilities in the Public Right-of-Way. Any Wireless Communication Facility to be
placed over, within, on or beneath the public right-of-way shall comply with all City
Municipal Code requirements, including but not limited to Chapter 12 38 regarding
Encroachments and Chapter 17 64 regarding Undergrounding of Utilities
I Facility Removal Wireless communication facilities affecting the public view and/or
located in areas designated Water Recreation, Conservation, Parks and Shoreline, and
Public Right of Ways shall be removed in its entirety within six (6) months of termination
of use and the site restored to its natural state
J Cessation of Operation
1. Abandonment Within thirty (30) calendar days of cessation of operations of any
Wireless Communication Facility approved under this Section, the operator shall
notify the Director in writing The Wireless Antenna 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 the Wireless
Communication Facility.
2 City Initiated Abandomment A Wireless Antenna 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
Wireless Antenna and the owner(s) of the premises upon which the antenna is located.
Such notice may be delivered in person, or mailed to the addiess(es) stated on the
permit application, and shall be deemed abandoned at the time delivered or placed in
the mail
3 Removal of Abandoned Wireless Antenna The operator of the Wireless Antenna
and the owner(s) of the property on which it is located, shall within thirty (30) calendar
days after notice of abandonment is given either (1) remove the Wireless Antenna in its
entirety and restore the premises, or (2) provide the Director with written objection to
the City's determination of abandonment.
a. Any such objection shall include evidence that the Wireless Antenna was
in use during the ielevant 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
b At any time after thirty-one (31) calendar days following the notice of
abandonment, or immediately following a notice of determination by the Director,
if applicable, the City may remove the abandoned Wireless Antenna 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
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Antenna(or any part thereof). The owner of the premises upon which the
abandoned Antenna was located, and all prior operators of the Antenna, 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 Wireless Antenna, convert it to the City's
use, sell it, or dispose of it in any manner deemed appropriate by the City
SECTION 2 All other provisions of Section 230 96 not amended hereby remain in full
force and effect.
SECTION 3. 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 21 s tday of September 12015
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ATTEST: APPROVED A5,,T6 ORM:
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ter City Attorney AV - 7-1/S
REVIERAD APPROVED INITIATE AN P VED
CG t Manager DZ ector o Tanning and Building
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Ord. No. 4069
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN, 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 September 8,2015, and was again read to said City Council at a
Regular meeting thereof held on September 21,2015, and was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,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 Wave on October 1,2015
In accordance with the City Charter of said City 41460#10)
Joan L Flynn. City Clerk City perk and ex-officio Clerk
Senior Deputy Crty Clerk of the City Council of the City
of Huntington Beach, California