ORDINANCE NO. 01-1214 

 

ORDINANCE NO. 01-1214 - "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE ZONING ORDINANCE REGARDING THE LIMITATIONS ON ROOFTOP ANTENNAS, SATELLITE DISHES AND SIMILAR EQUIPMENT THAT EXCEEDS THE HEIGHT LIMIT AND THE PLACEMENT AND USE OF WIRELESS COMMUNICATION FACILITIES."

 

Submitted for adoption and waiver of full reading is Ordinance No. 01-1214 , relating to the above subject.

At the meeting of April 24, 2001, the ordinance was presented to Council for consideration, was amended, and then was introduced by the following vote:

AYES: Edgerton, Oakes, Reviczky, Mayor Bowler
NOES: Dunbabin
ABSENT: None
ABSTAIN: None

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ORDINANCE NO. 01-1214

 

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO RECOMMEND AMENDING THE ZONING ORDINANCE REGARDING THE LIMITATIONS ON ROOFTOP ANTENNAS, SATELLITE DISHES AND SIMILAR EQUIPMENT THAT EXCEEDS THE HEIGHT LIMIT AND THE PLACEMENT AND USE OF WIRELESS COMMUNICATION FACILITIES

 

The City Council of the City of Hermosa Beach does hereby ordain as follows:

SECTION 1 . The City Council held a duly noticed public hearing on April 24, 2001, to consider the recommendation of the Planning Commission to amend the Zoning Ordinance, Sections 17.04.040, 17.26.030, 17.28.020, 17.30.020 and 17.46.240, and adding Section 17.40.170, regarding regulations for rooftop antennas, satellite dishes, and similar equipment that exceeds the height limit, and the placement and use of wireless communication facilities.

SECTION 2 . The Planning Commission held a duly noticed public hearing on March 20, 2001, to consider amending the Zoning Ordinance, Sections 17.04.040, 17.26.030, 17.28.020, 17.30.020 and 17.46.240, and adding Section 17.40.170, regarding regulations for rooftop antennas, satellite dishes, and similar equipment that exceeds the height limit, and the placement and use of wireless communication facilities.

SECTION 3 . Based on the evidence considered at the public hearing, the City Council makes the following findings:

1. Section 17.46.240 addresses the issues of bulk and visibility of rooftop antennas and satellite dishes, but does not address the placement of rooftop equipment on existing buildings nonconforming to height requirements. On buildings nonconforming to height, all antenna or satellite dish equipment placed on the roof or parapet count toward the twelve (12) square foot area limitation whether or not it is visible above the existing roofline or parapet wall.

2. The requirement to limit all antenna or satellite dish equipment placed on the roof or parapet to the twelve (12) square foot area limitation, unnecessarily precludes opportunities to provide relief to existing building nonconforming to height.

3. The Zone Code relative to rooftop antennas and other similar equipment does not take into consideration new wireless communication technology. Section 17.46.240 was originally intended to regulate satellite television dishes and wireless antennas on both residential and commercial properties.

4. Wireless communication facilities not only receive radiofrequency (RF) signals, but also relay or rebroadcast RF signals they receive, which results in the need for additional equipment as part of the communication facility, typically located on the rooftop.

5. Due to the number of new building permit applications for such facilities, discretionary review should be required for all future wireless communication facility proposals.

6. Because of the commercial nature of wireless communication facilities, such uses should be limited to the commercial zones (C-1, C-2 & C-3), open space zones (O-S) co-located with public governmental buildings or schools, and industrial zones (M-1).

 

SECTION 4 . Based on the foregoing, the City Council hereby ordains that the Hermosa Beach Municipal Code, Title 17-Zoning, be amended as follows:

17.04.040 General definitions.

" Antenna " means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type array having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna .

" Antenna – Building-Mounted " means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast less than 10 feet tall above the roof ridge line and 6 inches in diameter, or structure other than a wireless communications tower.

" Antenna – Directional " (also known as a "panel" antenna) transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees.

" Antenna – Façade-Mounted " means an antenna that is directly attached or affixed to any façade of a building or other structure. Also known as a building-mounted antenna.

" Antenna – Ground-Mounted " means an antenna with its support structure or base placed directly on the ground, the total height of which does not exceed 14 feet, including the height of the antennas.

" Antenna – Omni-directional " (also known as stick, whip, or pipe antennas) means any antenna which transmits and/or receives radio frequency signals in a 360-degree horizontal pattern and a compressed vertical plane. For the purpose of this article, omni-directional antennas have diameters between 2 and 6 inches, and measures between 1 and 18 feet in height.

" Antenna – Panel " (see "Antenna – Directional")

" Antenna – Parabolic " (also known as a satellite dish antenna) means any device incorporating a reflective surface that is solid, open mesh, or bar-configured that is shallow dish, cone, horn, bowl, or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern.

" Antenna – Portable " means any device used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern, located on a portable or moveable base designed to be placed either for temporary or long-term use at a given site.

" Antenna – Roof-Mounted " means an antenna directly attached or affixed to the roof, generally free-standing, of an existing building or structure other than a wireless communications tower.

" Antenna – Vertical " means a vertical type antenna without horizontal cross-sections greater than one-half inch in diameter.

" Antenna – Whip " (see "Antenna – Omni-directional")

" Antenna Array " means a structure attached to a wireless communications tower that supports a wireless communications antenna or antennas.

" Antenna Array Group " means more than two sets of antennas by different service providers placed on a monopole, tower, building, or other support structure or on multiple poles,towers, buildings, or other support structures on the same parcel of land or on different parcels where the antennas are located within 200 feet from each other (also known as an antenna farm).

" Co-location " means a wireless telecommunications facility comprising a single wireless communications tower, monopole, or building supporting antennas owned or used by more than one wireless communications carriers. Co-location shall also include the location of wireless telecommunications facilities with other facilities such as water tanks, light standards, and other utility facilities and structures (see also Wireless Communications Facility).

" Commercial Use " means a use that involves the exchange of cash, goods, or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over any period of time.

" Direct Broadcast Satellite Service " (DBS) is a system in which signals are transmitted directly from a satellite to a small home receiving dish which does not exceed 18 inches in diameter. The system is commonly marketed as Digital Satellite System (DSS). DBS or DSS competes with cable television .

" Federal Communications Commission " (FCC) was established by the Communications Act of 1934 as an independent United States government agency directly responsible to Congress. The Act, which has been amended over the years, charges the Commission with establishing policies to govern interstate and international communications by television, radio, wire, satellite and cable.

" Monopole " is a wireless communication facility which consists of a single-pole structure or spire, erected on the ground to support wireless communication antennas and appurtenances.

" Public service use or facility " means a use operated or used by a public body or public utility in connection with any of the following services: water, waste water management, public education, parks and recreation, fire and police protection, solid waste management, transportation, or utilities.

" Public-Right-of-Way " means and includes all public streets and utility easements, now and hereafter owner by the City, but only to the extent of the City’s right, title, interest, or authority to grant a license to occupy and use such streets and easements for wireless communications facilities.

" Quasi-Public Use " means a use serving the public at large, and operated by a private entity under a franchise or other similar governmental authorization, designed to promote the interests of the general public or operated by a recognized civic organization for the benefit of the general public.

" Related Equipment " means all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include but is not limited to cable, conduit, and connectors .

" Satellite Earth Station " means a wireless communications facility consisting of more than a single satellite dish smaller than 10 feet in diameter that transmits to and/or receives signals from an orbiting satellite.

" Wireless Communications Facility " means a wireless facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types equipment for the transmission or receipt of such signals, wireless communications towers, or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development .

" Wireless Communications Tower " means a structure more than 10 feet tall, built primarily to support one or more wireless communications antennas.

17.46.240 Antennas, satellite dishes and similar equipment.

No antenna, television aerial, satellite dish or similar device as defined in Section 17.04.040 shall be erected, constructed, maintained or operated except in conformance with the following regulations:

A. Purpose.

To establish procedures and regulations for processing wireless service facility applications in all non-residential areas and to create consistency between federal legislation and local ordinances regarding amateur radio and satellite dish antennas. The intent of these regulations is to protect the public health, safety and general welfare while ensuring fairness and reasonable permit processing time.

B. Applicability.

1. Antennas, television aerials, satellite dishes, similar devices or any apparatus designed or used to receive television, radio or other electronic communication signals broadcast or relayed from another location shall be regulated by this section as accessory structures as defined in this Title.
2. Wireless communication facilities shall be permitted as accessory structures as defined in this Title by Conditional Use Permit, pursuant to Chapter 17.40, in the commercial, manufacturing and open space zones, and prohibited in the residential zones as defined in this Title.

3. The following uses shall be exempt from the provisions of this Chapter until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption:

a. Any antenna or such device that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission;

b. Any antenna or such device that is two meters (78.74 inches) or less in diameter located in a commercial or industrial zone and is designed to transmit or receive Radio Communication by Satellite Antenna;

c. Any antenna or such device 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 twelve feet (12') above the principal building on the same lot.

C . Location of Device.

1. Except as herein provided, no such device shall be allowed to exceed the height limit applicable in the zone in which the device is located. The height limit in any particular zone shall apply whether or not the device is placed on the roof or in the rear yard. For the purposes of this chapter, all such devices placed upon a roof shall be combined for measurement. The surface area of the device shall be measured at its maximum projection above the height limit.

2. Said devices shall be allowed to exceed the height limit only to the extent that the surface area of the device on its widest side shall not exceed twelve (12) square feet of surface area over the height limit, but in no event to exceed fifteen (15) feet above the highest point of the building. The surface area measurement shall only include measurement of the surface area of the device that exceeds the applicable height limit. It shall not include the surface area of the device below the height limit. For a device placed on the rooftop of an existing building nonconforming to the height limit, the surface area measurement shall only include measurement of the surface area of the device that exceeds the height of the existing roof or parapet wall, whichever is greater.

3. Such devices shall be located and designed to reduce visual impact from surrounding properties and from public streets and shall be screened in a manner compatible with existing architecture and/or landscaping. However, no screening shall be required which blocks the ability of any such device to receive signals. Based on a determination by the community development director or his designee, screening of a type and construction compatible with the architecture of the building in question may be required.

4. All devices regulated under this section and the construction and installation thereof shall conform to applicable city building code, zoning code, and electrical code regulations and requirements.

5. Such devices shall meet all manufacturer’s specifications, and all antennas and screens shall be fire-resistive and of corrosive resistant material, and shall be erected in a secure, wind resistant manner. They shall also be maintained in good condition.

6. Every such device shall be adequately grounded for protection against a direct strike of lightning.

7. No building permit shall be issued until there is filed with the city a site plan and building elevations showing conformance with this section. For the purposes of this section, a building permit shall be required for all satellite dishes and for other antennas or aerials which exceed ten feet in height above the existing roof line when measured from the base of the antenna or aerial.

D. Removal of Wireless Communication Facilities.

1. The applicant shall provide notification to the community development director upon cessation of operations on the site. The applicant shall remove all obsolete or unused facilities from the site within six (6) months of termination of its lease, cessation of operations, or expiration of its permit, subject to the determination of the director of community development. Should the owner fail to effect such removal, the property owner shall be responsible for the removal of the equipment.
2. A new permit shall be required if the site is to be used again for the same purpose as permitted under the original permit, if a consecutive period of six (6) months has lapsed since cessation of operations.

Any FCC licensed wireless communications carrier that is buying, leasing, or considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the director of community development.

6. Add Section 17.40.170 to read as follows:

17.40.170 Wireless Communications Facilities.

The following minimum conditions and standards which apply to the siting of a wireless communications facility, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or future uses in the vicinity, may be required:

A. Application Requirements .

1. Each application shall contain a brief narrative accompanied by written documentation that explains and validates the applicant's efforts to locate the facility in accordance with the Screening and Site Selection Guidelines set forth in this Section.
2. Each application shall contain a narrative that discloses the exact location and nature of any and all existing facilities that are owned (including publicly owned structures), operated or used by the applicant and located within five (5) miles from the geographic borders of the City of Hermosa Beach.
3. Each application shall contain a narrative and scaled map(s) that precisely disclose the geographic area(s) within the City of Hermosa Beach that are proposed to be serviced by the proposed facility, the geographic area(s) bordering the City of Hermosa Beach, if any, that will be serviced by the proposed facility, the nature of the service to be provided or purpose of the facility, the reasons, if any, why the applicant cannot locate the facilityoutside the City of Hermosa Beach, and the efforts, if any, that applicant has made to locate the facility outside the City of Hermosa Beach.

   Notwithstanding any permit that may be granted in accordance with this Section, the facility shall be erected, located, operated and maintained at all times in compliance with this Section and all applicable laws, regulations and requirements of the Building Code, and every other code and regulation imposed or enforced by the City of Hermosa Beach, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the facility.

   Each wireless communications carrier applicant shall provide a letter to the director of community development stating willingness to allow other carriers to co-locate on their facilities wherever feasible or a written explanation why the subject facility is not a candidate for co-location.

   An RF Environmental Evaluation Report must be prepared by the applicant indicating that the proposed wireless communications facility meets FCC regulations and standards for construction, maintenance and operations. Ten days after installation and every two years thereafter, the telecommunications service provider must submit a certification report, attested to by a licensed engineer expert in the field of RF emissions, that the facility is compliant with the applicable FCC regulations for RF emissions.

   Approval of the project is subject to the Planning Commission making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant’s expense. The intention of the alternatives analysis is to present alternative strategies which would minimize the number or size and adverse environmental impacts of facilities necessary to provide the needed services to the City and surrounding areas.

B. Design and Development Standards.

1. The facility shall not bear any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage.
2. Any and all accessory equipment, or other equipment associated with the operation of the facility, including but not limited to transmission cables, shall be located within a building, enclosure, or underground vault in a manner that complies with the developmentstandards of the zoning district in which such equipment is located. In addition, if equipment is located above ground, it shall be visually compatible with the surrounding buildings and either (1) shrouded by sufficient landscaping to screen the equipment from view, or (2) designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Planning Commission may require a particular design that is deemed by the Commission to be suitable to the subject location.
3.  

The facility exterior shall be comprised of non-reflective material(s) and painted or camouflaged to blend with surrounding materials and colors.

Any screening used in connection with a wall mounted and/or roof mounted facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted.

The facility shall be placed to the centermost location of the roof top to screen it from view from the street and adjacent properties.

The facility shall not be permitted on residentially zoned property.

The facility shall not include the use or installation of a monopole.

In addition to the above requirements the following guidelines shall be considered by the City in connection with its processing of any facility permit:

All leases of any City property that is pre-approved in accordance with the requirements of this section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting structure of the of the facility available to any other provider wishing to co-locate to the extent technically feasible.

 

SECTION 5 . This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

SECTION 6 . The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933 (c) (1) in lieu of the full text of said ordinance. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader, a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach.

SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 8th day of May, 2001, by the following vote:

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