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HomeMy WebLinkAboutApprove Zoning Text Amendment (ZTA) No. 14-002 (Wireless Com Dept ID PL 15-016 Page 1 of 3 Meeting Date 9/8/2015 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 9/8/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve Zoning Text Amendment (ZTA) No 14-002 (Wireless Communication Ordinance Regarding Data Collection Units) with Findings and approve for introduction Ordinance No 4069 amending Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to add definitions for City property and data collection unit and simplify the process for installation of such infrastructure Statement of Issue Zoning Text Amendment No 14-002 is a request to amend Section 230 96 (Wireless ® Communication Facilities) of the Huntington Beach Zoning and Subdivision Ordinance by adding definitions and simplifying the process for installation of such infrastructure The Planning Commission and staff both recommend approval of ZTA No 14-002 with findings for approval Financial Impact Not applicable Recommended Action Planning Commission and Staff Recommendation Approve Zoning Text Amendment No 14-002 with findings for approval and approve for introduction 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 Communication Facilities (Zoning Text Amendment No 14-002) " Alternative Action(s) The City Council may make the following alternative motion(s) A Deny Zoning Text Amendment No 14-002 with findings for denial B Continue Zoning Text Amendment No 14-002 and direct staff accordingly Analysis A PROJECT PROPOSAL ® Applicant City of Huntington Beach, CA 92648 Location Citywide HB -285- Item 16. - 1 Dept ID PL 15-016 Page 2 of 3 Meeting Date 9/8/2015 Zoning Text Amendment No 14-002 represents a request to amend Section 230 96 (Wireless Communication Facilities) of the Huntington Beach Zoning and Subdivision Ordinance by adding definitions for"City property" and "data collection unit," and simplifying the process for installation of such infrastructure The changes to Section 230 96 include the following new language and a legislative draft of the changes can be found in Attachment No 3 1 Section 230 96 B 2 City Property Property owned by the City of Huntington Beach, excluding any Public Right- of-Way 2 Section 230 96 B 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 w►nng to any other facility No Wireless Communication Facility operated by an electric corporation, a telephone corporation, a personal wireless service provider, 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 15 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 3 Section 230 93 D 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 limited to, Chapter 12 38 regarding Encroachments and Chapter 17 64 regarding Underground►ng of Utilities DCUs shall be at least 500 feet from another DCU within the same network 4 Section 230 93 H Facilities in the Public Right-of-Way Any Wireless Communication Facility to be placed over, within, on or beneath the public nght-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 Underground►ng of Utilities B PLANNING COMMISSION MEETING The Planning Commission held a public hearing on Zoning Text Amendment No 14-002 on July 14, 2015 During the public hearing, staff gave an overview of the proposed amendment One speaker, representing the Southern California Gas Company, spoke in support of the Zoning Text Amendment The Planning Commission voted to recommend that the City Council approve Zoning Text Amendment No 14-002 based on the findings provided in Attachment No 1 Planning Commission Acton dated July 14, 2015 A MOTION WAS MADE BY KALMICK, SECONDED BY BRENDEN TO APPROVE ZONING TEXT AMENDMENT NO 14-002 AND FORWARD TO CITY COUNCIL BY THE FOLLOWING VOTE AYES CROWE, SEMETA, PINCHIFF, KALMICK, MANDIC, BRENDEN, HOSKINSON NOES NONE ® ABSTAIN NONE ABSENT NONE MOTION PASSED Item 16. - 2 HB -286- Dept ID PL 15-016 Page 3 of 3 Meeting Date 9/8/2015 C STAFF ANALYSIS AND RECOMMENDATION • Government agencies and some utilities are turning toward advanced metering Infrastructure systems and wireless technologies to remotely read utility meters and wirelessly send the data to the service provider Advanced metering infrastructure is an integrated system of smart meters, communication networks, and data management systems that enables communication between utilities and customers These systems measure, collect, analyze usage, and communicate with metering devices such as water meters, gas meters, and electricity meters Data collection units are a part of the communication network in the advanced metering infrastructure Data collection facilities consist of whip antennas, data collection units (DCUs), and an energy source (solar panels or a/c power) Data collection units receive usage data collected from meters and transfer the information over a wireless network to the utilities Some of benefits of the advanced metering infrastructure include — Increase meter reading and billing accuracy — Reduce need for utility personnel to access customer property for manual meter reading — Reduce miles driven resulting in less fuel consumption and lower vehicle emissions — Reduce expenses by being more efficient and cost-effective The proposed ordinance will streamline the process by eliminating the need for a Conditional Use Permit approval process to the Zoning Administrator by exempting small DCUs that meet certain criteria Data collection units will be exempt from the requirements of Section 230 96 if they comply with the following parameters 1 meet the definition of a data collection unit 2 locate on existing poles, or on any new poles within the public right-of-way or on City property 3 comply with setback and height requirements for the zone in which they are located 4 blend into the surrounding environment and minimize the visual appearance by matching the color of the poles or buildings where they are located 5 locate at least 500 feet from another data collection unit within the same network The Planning Commission and staff recommend approval of Zoning Text Amendment No 14-002 because the changes are consistent with the General Plan and would establish the City's desired approval process and design requirements for data collection units while protecting the community's general welfare and quality of life Environmental Status The proposed project is categorically exempt pursuant to City Council Resolution No 4504, Class 20, which supplements the California Environmental Quality Act Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1 Suggested Findings—ZTA No 14-002 2 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 Communication Facilities (Zoning Text Amendment No 14-002)" 3 Planning Commission Staff Report dated July 14, 2015 4 PowerPoint Presentation • xB -287- Item 16. - 3 � TA%wo I I M N `f 1 • ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR APPROVAL ZONING TEXT AMENDMENT NO. 14-002 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No 4501, Class 20, which supplements CEQA because the request is a minor amendment to a zoning ordinance that does not change the development standards intensity or density SUGGESTED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO. 14-002 1 Zoning Text Amendment No 14-002 to amend Section 230 96 (Wireless Communication Facilities) of the Huntington Beach Zoning and Subdivision Ordinance is consistent with the goals, objectives, policies, general land uses and programs specified in the General Plan including A Land Use Element Goal LU 2 Ensure the development is adequately served by transportation infrastructure, utility infrastructure, and public services • B Utilities Element Goal U 5 Maintain and expand service provision to the City of Huntington Beach residences and businesses Objective U 5 1 Ensure that adequate natural gas, telecommunication and electrical systems are provided Policy U 5 1 1 Continue to work with service providers to maintain current levels of service and facilitate improved levels of service C Economic Development Element Policy ED 2 3 1 Strive to reduce all discretionary permit and licensing processing time The proposed Zoning Text Amendment allows data collection units of a certain size to service the needs of the residents and businesses and continue to provide processing incentives for those facilities that meet certain standards It continues to require all associated structures to be compatible with the surrounding environment 2 In the case of the general land use provisions, the change proposed is compatible with the uses authorized in, and the standards prescribed for the zoning districts for which it is proposed Zoning Text Amendment No 14-002 will revise the citywide wireless communication facilities ordinance It will not affect zoning of any property or the allowed 0 uses and development standards of any zoning district Item 16. - 4 HB -288- • 3 A community need is demonstrated for the change proposed Zoning Text Amendment No 14-002 will reflect the City's desired approval process and design requirements for data collection units in consideration of maximizing the goals of the General Plan 4 Its adoption will be in conformity with public convenience, general welfare and good zoning practice because Zoning Text Amendment No 14-002 will continue to allow wireless communication facilities while protecting the community's general welfare and quality of life through the new permitting process • • xB -289- Item 16. - 5 ATTACHMENT #2 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 sepat ate, duly noticed public hearings to consider Zoning Text Amendment No 14-002, which amends Chapter 230 of the Huntington Beach Zoning and Subdivision Ordinance 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 welfate. 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 front 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 determines 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 covet age exists, and (ii) there is a lack of feasible alternative site locations A myriad of factors ate 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 require scientific evidence from an expert 15-4754/122324 doe I Ord . No . 4069 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 foi the following terms shall apply- I. Accessoiy Stiucture. Any structure or equipment that is to be located ancillary to an antenna of antennas in the establishment and operation of a Wireless Communication Facility. 2. City Property. Propeity owned by the City of Huntington Beach, excluding any Public Right-of-Way 3 Co-Location or Co-Located The location of placement of multiple Wireless Communication Facilities which are either owned or operated by more than one service provides at a single location and mounted to a common supporting structure, wall or building 4 Completely Stealth Any Wneless 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 are not limited to, architectui ally screened roof mounted antennas, fagade mounted antennas treated as architectural elements to blend in with the existing building, chulch 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/ol transnnitting wireless signals from distributed gas and water data collector meters, which is a stand-alone facility not connected via fiber optic of other physical wiring to any other facility No Wireless Communication Facility operated by an electric corporation, a telephone corporation, a personal wireless service provider, a commercial mobile service provider of a mobile telephone service provider shall be considered a DCU Size- Solar panels not larger than 7 square feet, whip antennas not lunges 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 of buildings where the DCU is located. 6 Ground Mounted Facility Any wireless antenna that is affixed to a pole, towel of other freestanding structure that is specifically constructed for the purpose of supporting an antenna 7 Microwave Connrnunication The ti ansmission or reception of radio communication at frequencies of a microwave signal (generally, in the 3 GHz to 300 GHz frequency spectrum) 8 Modified Facility An existing Wireless Communication Facility where tine 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 154754/122324 doc 2 Ord . No . 4069 9 Pie-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 current and not expired 10. Public Right-of-Way_ 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 hereafter will exist 11 Roof Mounted Any wireless antenna directly attached of affixed to the roof of an existing building, water tank, tower of structure other than a teleconununications tower 12 Stealth Techniques Any Wireless Communication Facility, including any appurtenances and equipment, which is designed to blend into the suriounditng environment Examples of Stealth Technique include. but ate not limited to, monopalms/monopines. 13 Utility Mounted Any wit eless 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 setvice 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 witeless antenna mounted on any vertical or neatly vertical surface of a building of 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 15 Wireless Conuriunication Facility of Facility of Wireless Antenna An antenna structure and any appurtenant facilities of equipment that transmits electronic waves of is used for the transmission or receipt of signals that ate 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 'Viieless 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 regulations 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. 15-4754/122324 doe 3 Ord . No . 4069 2 Any antenna structure that is one meter(39 37 inches) of less in diameter 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 diametet located in commercial or industrial zones and is designed to ti ansmit of r eceive radio communication by satellite antenna. 4. Any antenna structure that is one metet (39 37 inches) of less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided that no part of the antenna structure extends mote 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 Properly. DCUs shall comply with setback and height tequirements for the zone in which they are located. In addition, all DCUs must comply with all City Municipal Code requirements, including but not limited to Chapter 12 38 regarding Encroachments and Chapter 17 64 tegaiding Undergiounding of Utilities DCUs shall beat 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 fitst securing either a Wireless Peumit of a Conditional Use Permit as required below l. 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 suiiounding environment or that the facility is architecturally integrated into a structure c Evidence that the facility is screened or camouflaged by existing of 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 shuctuies and zoning districts. e Evidence that no portion of the Facility will encroach over proper ty lines f Property owner authorization of evidence of fee owner ship of property where the Facility will be installed In the case of City-owned property of any public fight-of-way, the applicant shall provide a license, lease, ftarnchise, of other 15-4754/122324 doc 4 Ord . No . 4069 similar agreement from the City to place any Facility over, within, on, o> 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 Wii eless Antenna h Any other relevant information as required by the Directo> of Planning and Building The Planning and Building Department will initially 1 eview and determine if the Application is complete. The City may deer 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 Diiectoi or whether a Conditional Use Permit or other entitlement is required Wireless Permit applications will be pi ocessed based upon the location and type of antennas defined in herein Although said classifications are assigned at pioject intake, a re-evaluation of antenna classifications may occur at any point in the piocess including at the time of review by the Director, Zoning Administrator, Planning Commission of City Council A Facility not subject to any other disci etionai y approval may be administratively approved by the Directoi by issuing a Wheless 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 dishict 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 Diiectoi may requite conditions of approval of the Facility in order to nrininnize 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 Planning Commission is filed as provided in Chapter 248 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) The Directoi shall issue findings of approval that the Facility nneets the above criteria and is not a detriment to the health, safety and welfare of the community 3 Zoning_Administiatoi Approval In the event the Director determines that the applicant does not meet the requirements for Directoi approval of a Wireless Permit, then the applicant shall apply for a Conditional Use Pernnit(CUP) to the Zoning 15-4754/122324 doe 5 Ord . No . 4069 Administrator pursuant to Chaptei 241 of the HBZSO Notwithstanding any other provisions of the HBZSO, any new ground or utility mounted wireless 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 requite, 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 of 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. Coloiization of landscaping to minimize visual prominence, and/oi e Removal of 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 Administiatoi'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 tight-of-way and on or within 300 feet of a residential disti ict or use in the City Notwithstanding any other provisions of the HBZSO, design review is not required for Wireless Communication Facilities that may be approved by the Director pursuant to subsection E 2 (Director Approval) above and have all appurtenant facilities and equipment located underground or within an existing building of existing enclosure F Applicant May Assert Federal Preemption At Time of Appeal To Planning Commission 1 If the decision on the Wireless Permit of Conditional Use Permit is appealed (either by applicant or an aggrieved pasty) 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 f6i the City to retain an independent, qualified consultant to evaluate any teclunical 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 or 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 pact 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 15-4754/122324 doe 6 Ord . No . 4069 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 cornmercially 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 fequency 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 pasty without the express consent of the applicant, unless otherwise requited 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 healing 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 archrtectuie of the building or other structure to which it is mounted, including color, texture and materials All ground or 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 Wifeless Antenila, 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 15-4754/122324 doc 7 Ord. No . 4069 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 Uiban 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 Wi>eless 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 or state government with the authority to regulate Wh eless 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 Li htin 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 beot Teen the property owner and the applicant prior to the issuance of a building permit 11 Signs' 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 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 Wireless Antenna. Submittal of complete landscape and architectural plans for review and approval by the Directors of Public Works and Planning and Building Departments may be required. 13 Utility greement- 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 15-4754/122324 doe 8 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 Undeigrounding of Utilities I Facility Removal Wireless communication facilities affecting the public view and/or located in areas designated Water Reci cation, 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 Abandonment. 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, of mailed to the address(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 Anteiuia 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 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. 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 15-4754/122324 doe 9 Ord . No . 4069 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 Wneless Antenna, convert it to the City's use, sell it, of 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 , 2015 ATTEST: APPROVED A5,TM6 ORM: jqty ulerK itY Attorney— MU 7-f- - /S REVIE D APPROVED, INITIATE AN P VED 1 - C t 'Manager Di ector o lanning and Building 15-4754/122324 doe 10 Ord. No. 4069 STATE OF CALIFORNIA ) COUNTY OF ORANGE 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 Joan L Flynn,City Clerk Citykjerk and ex-officio Merk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California AlTAC HME NT ;FJ • Lj City of Huntington Beach Planning and Building Department o STAFF REPORT HUMINGTON BEACH TO: Planning Commission FROM: Scott Hess,AICP, Director of Planning and Building BY: Tess Nguyen,Associate Planner 1-14 DATE. July 14, 2015 SUBJECT: ZONING TEXT AMENDMENT NO. 14-002 (UTILITY DATA COLLECTION UNITS) APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Citywide STATEMENT OF ISSUE: ♦ Zoning Text Amendment(ZTA)No 14-002 request: To amend Section 230.96 (Wireless Communication Facilities) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding definitions for City property and data collection unit and simplifying the process for installation of such infrastructure. ♦ Staff Recommendation. Approve Zoning Text Amendment No. 14-002 based upon the following - Establishes the City's desired approval process and design requirements for data collection units - Allows wireless communication facilities while protecting the community's general welfare and quality of life through the new permitting process - Does not alter zoning or change the uses allowed on any property RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 14-002 with findings (Attachment No 1) and forward Draft Ordinance (Attachment No. 2)to the City Council for adoption." ALTERNATIVE ACTION(S); The Planning Commission may take alternative actions such as: A "Deny Zoning Text Amendment No 14-002 with findings for denial." • B. "Continue Zoning Text Amendment No. 14-002 and direct staff accordingly" Item 16. - 16 HB -300- #B-3 • PROJECT PROPOSAL: Zoning Text Amendment No 14-002 represents a request pursuant to Chapter 247 to amend Section 230 96 (Wireless Communication Facilities) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding definitions for City property and utility data collection unit and simplifying the process for installation of such infrastructure The changes to Section 230.96 include the following new language: 1 Section 230 96 B.2. Cate Property Property owned by the City of Huntington Beach, excluding any Public Right-of- Way 2. Section 230 96.B.5- Data Collection Unit ("DC(Ls") 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 provider, 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 15 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 3. Section 230.93.D 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 limited to Chapter 12 38 regarding Encroachments and Chapter 17 64 regarding Undergrounding of Utilities DCUs shall be at least 500 feet from another DCUwithin the same network 4. Section 230 93.H: Facilities in the Public Right-_o-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 Background: Government agencies and some utilities are turning toward advanced metering infrastructure systems and wireless technologies to remotely read utility meters and wirelessly send the data to the service provider Advanced metering infrastructure is an integrated system of smart meters, communication • networks, and data management systems that enables communication between utilities (water, gas, electricity, etc) and customers. These systems measure, collect, analyze usage, and communicate with metering devices such as water meters, gas meters, and electricity meters PC Staff Report-07/14/2015 HB -3301- (15srAtem 16. - 17 . Smart meters are electronic devices that record consumption of energy or water and communicate that information back to the utilities' computer network system for monitoring and billing Data collection units receive usage data collected from meters and transfer the information over a wireless network to the utilities. Data collection facilities consist of whip antennas, data collection units (DCUs), and an energy source (solar panels or a/c power) The data collection unit collects information from the utility meters and transmits this information several times a day with each transmission lasting between three to six seconds via cell phone frequencies The data collection units are located within a grid system based on such factors such as population density and land topography Data collection units are a part of the communication network in the advanced metering infrastructure Some of benefits of the advanced metering infrastructure include — Increase meter reading and billing accuracy — Reduce need for utility personnel to access customer property for manual meter reading — Reduce miles driven resulting in less fuel consumption and lower vehicle emissions — Reduce expenses by being more efficient and cost-effective Study Session The Planning Commission held a study session for the project on June 23, 2015, and discussed the following issues: ■ Data Transmission Duration • The data collection units transmit usage information several times a day with each transmission lasting between three to six seconds via cell phone frequencies ■ Information Encryption Only usage information and meter identification numbers are transmitted through the air waves. ■ Locating Data Collection Units Data collection units are located within a grid system based on factors such as land topography and population density The Water Division would have 37 DCUs for the entire City, each spaced approximately one mile apart The DCUs are proposed to be located on public properties such as buildings, parks, or other facilities The Water Division would own, maintain, and operate all the units The Gas Company would have 24 DCUs for the entire City. The data collection units for the Gas Company are proposed to be located on existing utility poles. ■ Data Collection Units Design The data collection units are defined to be of a certain size and required to blend into the surrounding environment by matching the color of the poles or buildings where they are located If the units comply with the above requirements, they would be small enough to be considered camouflaged and would not need any further entitlement processing ■ Partnering Among Utilities The Water Division and the Gas Company are on different timelines in the planning process. Therefore, the opportunity to collaborate between them is no longer possible. Item 16. - 18:port—07/14/2015 HB -302- (15sr14 ZTA 14-002) sISSUES: General Plan Conformance: The proposed Zoning Text Amendment is consistent with the goals, objectives, and policies of the City's General Plan as follows A. Land Use Element- Goal LU 2 Ensure the development is adequately served by transportation infrastructure, utility infrastructure, and public services. B Utilities Element: Goal U 5: Maintain and expand service provision to the City of Huntington Beach residences and businesses Obiectrve U 51: Ensure that adequate natural gas, telecommunication and electrical systems are provided Policy U 51 1 Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. C. Economic Development Element. Policy ED 2 3 1: Strive to reduce all discretionary permit and licensing processing time. The proposed ZTA allows data collection units of a certain size to service the needs of the residents and businesses and continue to provide processing incentives for those facilities that meet certain standards It continues to require all associated structures to be compatible with the surrounding environment Zoning Compliance: Not applicable Urban Design Guidelines Conformance: The proposed Zoning Text Amendment requires the utility data collection facility to be designed to blend into the surrounding environment Environmental Status: ZTA No. 14-002 is categorically exempt pursuant to City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. Coastal Status This project would be considered a minor amendment to the City's Local Coastal Program and will be forwarded to the California Coastal Commission with other minor amendments for certification. Design Review Board: Not applicable PC Staff Report—07/14/2015 HB -3303- (15sr141tem 16. - 19 Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: ZTA No. 14-002 was prepared by Planning staff and the City Attorney's Office with input from the City Manager's Office and Public Works Department Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on July 2, 2015, and notices were sent to individuals/organizations requesting notification(Planning Division's Notification Matrix) As of July 6, 2015, no communication supporting or opposing the request has been received Application Processing Dates: DATE OF COMPLETE APPLICATION. MANDATORY PROCESSING DATE(S): Not Applicable Legislative Action-Not Applicable ANALYSIS: The intent of the proposed Zoning Text Amendment is to facilitate the collection of usage data for utility service providers through the use of data collection units Consumption data are obtained over a • wireless network where usage information is transmitted from utility meters to the data collection units and then to the service providers The data collection units are located within a grid system, spaced a certain distance from each other, to ensure sufficient coverage. This system of information gathering provides benefits such as increasing billing accuracy and reducing the need for manual meter reading In order to realize some of the benefits, HBZSO Section 230.96 is proposed to be amended to permit data collection units The changes include defining a data collection unit, establishing the approval process and creating design requirements for data collection units. A legislative draft of the ordinance changes is provided in Attachment No. 3 Approval Process and DesignRe_quirements Data collection units are exempt from the requirements of Section 230.96 if they comply with the following parameters 1. meet the definition of a data collection unit 2. locate on existing poles, or on any new poles within the public right-of-way or on City property 3 comply with setback and height requirements for the zone in which they are located 4. blend into the surrounding environment and minimize the visual appearance by matching the color of the poles or buildings where they are located 5. locate at least 500 feet from another data collection unit within the same network Staff recommends that the Planning Commission approve Zoning Text Amendment No 14-002 and forward to the City Council for adoption because the changes are consistent with the General Plan and would establish the City's desired approval process and design requirements for data collection units • while protecting the community's general welfare and quality of life Item 16. - 20 port—07/14/2015 HB -304- (15sr14 ZTA 14-002) ATTACHMENTS: 1. tP 3_ Legislative Draft HBZSO Section 230 96 4. Sample Pictures of a Data Collection Unit E SH:JJ:TN:kd i i ( i i I i i i i i 3 PC Staff Report—07/14/2015 6 (15sr14 Z'V A '" ^^^` 1113 -3105- Item 16. - 21 Legislative Draft • Changes to HBZSO Section 230.96 230.96 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 from 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 determines 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 myriad 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 require scientific evidence from an expert 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 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 City Property.Property owned by the City of Huntington Beach excluding any Public Right-of- Way< 2-3 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 structure,wall or building. 34 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 are not limited to, architecturally screened roof mounted antennas,fagade mounted antennas treated as architectural elements to blend in with the existing building, church steeples,fire towers, and flag poles and light standards of a typical diameter 5 Data Collection Unit("DCUs") A Wireless Commurucation Facility compnsed of a collection unit a solar panel and whip antennas used for receiimg 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 corooration. a personal wireless service provider, a commercial mobile service provider or a mobile telephone service provider shall be considered&DCU Size Solar panels not larger than 7 square feet whip antennas not longer than 40 niches and collection units not larder than 1 5 cubic feet DCUs shall be designed to blend into the surrounding environment and n uLmize the visual appearance by matching the color of the poles or buildings where the DCU is located 1 Item 16. - 22 HB -306- Attachment No. 3.1 Legislative Draft • Changes to HBZSO Section 230.96 46 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. 31 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) g$ 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 72 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 wireless antennas that have not yet been constructed so long as such approval is current and not expired 810 Public Right-of-Way 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 hereafter will exist PU 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 10 2 Stealth Techniques 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 4W 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 4-2 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 4315 Wireless Communication Facility or Facility or Wireless Antenna An antenna structure and any appurtenant facilities or equipment that transmits electronic waves or 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 regulations However, 2 HB -307- Attachment No Item 16. - 23 Legislative Draft • Changes to HBZS® Section 230.96 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 2 Any antenna structure that is one meter(39 37 inches)or less in diameter 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 or receive radio communication by satellite antenna 4 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(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(DCUI on existing poles,or on any new poles within the Public of-Way or on City Property. DCUs shall comply with setback and height requirements for the zone m which they are located In addition all DCUs must comply with all City Municipal Code requirements,including but not limited to Chapter 12.38 regarding Encroachments and Chapter 17 64 regarding Un&rgrounding 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 or 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 environment 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 where the Facility will be installed In the case of City-owned property or any public right-of-way,the applicant shall provide a license,lease,franchise,or other similar agreement from the City to place any • Facility over,within,on, or beneath City property or right-of-way 3 Item 16. - 24 HB -308- Attachment No 3 3 Legislative Draft . Changes to HBZSO Section 230.96 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 Budding 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 re- 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 subj ect 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 grant a Wireless Permit shall become final ten(10) days following the date of the decision unless an appeal to the Planning 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 Permit,then the applicant shall apply for a Conditional Use Permit(CUP)to the Zoning Administrator pursuant to Chapter 241 of the HBZSO Notwithstanding any other provisions of the HBZSO, any new ground or utility mounted wireless 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 4 HB -309- Attachment No. Item 16. - 25 Legislative Draft ® Changes to HBZSO Section 23096 a Completely Stealth installations, b Stealth Techniques, c Co-location and locating Facilities within existing building envelopes, d Colorization 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 Administrator'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 right-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 for Wireless Communication Facilities that may be approved by the Director pursuant to subsection E 2(Director Approval) above and have all appurtenant facilities and equipment located underground or 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 aggrieved 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 retain 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 or 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 whether the gap pertains to residential in-building, commercial in-building coverage, in-vehicle coverage,and/or 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 Southern California region, and for the City of Huntington Beach • 5 Item 16. - 26 HB -310- Attachment No. 3.5 Legislative Draft Changes to HBZSO Section 230.96 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 FacilLty 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 or other structure to which it is mounted, including color,texture and materials All ground or 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 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 Buildin C� 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 required where feasible whenever ® such a facility is proposed within 1,000 feet of any existing Wireless Antenna 6 HB -311- Attachment No. Item 16. - 27 Legislative Draft ® Changes to HBZSO Section 230.96 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 or state government with the authority to regulate Wireless Communication Facilities 7 Interference To eliminate interference, at all tunes, 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 LivJiting 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 permit. • 11 Sims 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 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 Wireless Antenna Submittal of complete landscape and architectural plans for review 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 of Huntington Beach and the applicant to place those lines in the public nght-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 Ri t-of-Way Any Wireless Communication Facility to be placed over,within, on or beneath the public right-of-way shall comply with the Under-gretndin anee(Chapter- 17 64 of FBI ) all City Municipal Code requirements including but not limited to Chanter 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 7 Item 16. - 28 HB -312- Attachment No. 3.7 Legislative Draft Changes to HBZSO Section 230.96 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 Abandonment 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 address(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 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 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,of 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 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 (3568-9/02,3779-10/07,3934-4/12) 8 HB -313- Attachment No. Item 16. - 29 t a z._ t,. d jil ig Solar panel .�� i ri ➢'� q> 3 E j.. aN x 31" r ' , .: v ,ICU Pinit 21.5 ssx 1.3. 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Fullerton, CA 7 31 Uat. 33,8937 11 Lon, -1179704,0555� GJ AW — � v 2Vm re sOil .4 6 �-`r # 14 a 4v ;l!"I'l vi, � I 't �4 ttaci n,j-c.nt No. 4.3 ATTAC H M E N T #4 j- !.DATA COLLECTION UNITS ZONING TEXT AMENDMENT NO. 14-002 September 8, 2015 •a r F REQUEST x ZONING TEXT AMENDMENT: — To amend HBZSO Section 230.96 (Wireless Communication Facility) • adding definitions for City property and data collection unit • simplifying the process for installation of such infrastructure HB -31 7_ Item 16. - 33 • BACKGROUND S y — Government agencies and some utilities: • advanced metering systems • wireless technologies • remotely read utility meters • wirelessly send data to the service provider a BACKGROUND — Facilities consist of: • whip antennas • data collection units (DCUs) • an energy source such as solar panels — DCUs benefits: • facilitate the collection of usage data for utility service providers • increase billing accuracy • reduce the need for manual meter reading Item 16. - 34 HB -318- 2 • ANALYSIS — The intent of Zoning Text Amendment • simplify installation process • define a data collection unit • establish the approval process • create design requirements for data collection units s ANALYSIS — Data collection units are exempt from Section 230.96 if they comply with: • Meet the definition of a data collection unit • Locate on existing poles or on any new poles within the public right-of-way or on City property • Comply with setback and height requirements • Blend into the surrounding environment and minimize the visual appearance by matching the color of the poles or buildings • Locate at least 500 feet from another unit within the same network • xs 19- Item 16. - 35 RECOMMENDATION Staff and the Planning Commission recommend approval of the Zoning Text Amendment: — Establishes the City's desired approval process and design requirements for data collection units — Allows wireless facilities while protecting the community's general welfare and quality of life — Does not alter zoning or change the uses allowed on any property Item 16. - 36 HB -320- 4 NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, September 8, 2015, at 6 00 p m in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item ❑ 1 ZONING TEXT AMENDMENT NO. 14-002 (SECTION 230.96 WIRELESS COMMUNICATION FACILITIES) Request: To amend Section 230 96 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) by adding definitions for City property and data collection unit and simplifying the process for installation of such infrastructure On July 14, 2005, the Planning Commission held a public hearing on this item and recommended approval to the City Council Location: Citywide City Contact: Tess Nguyen NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act NOTICE IS HEREBY GIVEN that Item # 1 will require Local Coastal Program Amendment to be certified by the California Coastal Commission ON FILE A copy of the proposed request is on file in the Planning and Building Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public A copy of the staff report will be available to interested parties at the City Clerk's Office or on line at http //www huntingtonbeachca qov on Thursday, September 3, 2015 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items Direct your written communications to the City Clerk Joan L Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2"d Floor Huntington Beach, California 92648 714-536-5227 http Hhuntingtonbeachca qov/HBPublicComments/ Estanissau, Robin From: David Ward [DWard@ocregister corn] Sent- Wednesday, August 19, 2015 2 41 PM To: Estanislau, Robin Cc: Esparza, Patty Subject. RE Legal for CC 9/8/15 Meeting Hello again Robin and here is#2 of 2 Enjoy the rest of your day Ad#10082597 Run Date 8/27 Cost$103.95 PROOF NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, September 8, 2015, at 6 00 p m in the City Council Chambers,2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning item ❑ 1. ZONING TEXT AMENDMENT NO. 14-002 iSECTION 230.96 WIRELESS COMMUNICATION FACILITIES) Request: To amend Section 230 96 of the Hunting- on Beach Zoning and Subdivision Ordinance (HBZSO) by adding definitions for City prop- erty and data collection unit and simplifyinq the process for installation of such infrastruc- ture On July 14, 2005, the Planning Commission held a public hearing on this item and recommended approval to the City Council Location: Citywide City Contact: Tess Nguyen NOTICE IS HEREBY GIVEN that Item #1 is categorically exempt from the provisions of the California Environmental Quality Act NOTICE IS HEREBY GIVEN that Item # 1 will require Local Coastal Program Amendment to be certified by the California Coastal Commission ON FILE A copy of the proposed request is on file in the Planning and Building Depart- ment, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public copy of the staff report will be available to interested parties at the City Clerk's Office or on line at http h`www huntingtonbeachca qov on Thursday, September 3, 2015 ALL INTERESTED PERSONS are invited to attend said hearinq and express opinions or submit evidence for or against the application as outlined above If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence de- livered to the City at, or prior to, the public hearing If there are any further questions please call the Planning and Building Department at (714) 536-5271 and refer to the above items Direct vour written communications to the Citv Clerk Joan L Flynn, City Clerk City of Huntington Beach 2000 Man Street, 2nd Floor Huntington Beach, California92648 714-536-5227 http /r'huntingtonbeachcagov,'HBPublicComments' ]Published The Huntington Beach Wave August 27. 2015 10082597 1