City of Hermosa Beach --- 04-24-01

SUBJECT: TEXT AMENDMENT 01-1

 

TO MODIFY THE LIMITATIONS ON ROOFTOP ANTENNAS, SATELLITE DISHES AND SIMILAR EQUIPMENT THAT EXCEEDS THE HEIGHT LIMIT AND THE PLACEMENT AND USE OF WIRELESS COMMUNICATION FACILITIES.

 

Recommendation

To approve the suggested text changes modifying Sections 17.04.040, 17.26.030, 17.28.020, 17.30.020, and 17.46.240, and adding Section 17.40.170 to the Zoning Ordinance.

 

Background

On February 27, 2001, the City Council directed staff to initiate the subject amendment to better regulate for rooftop antennas and satellite dishes, with an emphasis on regulating the visibility as opposed to bulk of such equipment and to establish standards for the placement and use of wireless communication facilities.

On April 17, 2001, the Planning Commission approved the subject Ordinance and added a recommendation to include antenna equipment co-located with public governmental buildings or schools in the O-S zone.

 

Analysis

Section 17.46.240 of the Zoning Ordinance regulates antennas, television aerials, satellite dishes and similar equipment and provides that such equipment is an accessory structure in any zone and establishes standards for the size, placement and the height limit for such equipment 1

Pursuant to Section 17.46.240, antennas, satellite dishes and similar equipment 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 12 square feet of surface area over the height limit . Pursuant to Subsection A.1. any device designed to receive any electronic signals broadcast from anotherlocation is regulated by this section.

Rooftop Antennas and Satellite Dishes

Section 17.46.240 addresses the issues of bulk and visibility of rooftop antennas and satellite dishes. However, it 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. Staff believes the ordinance should be changed so that a device placed on the rooftop of an existing building nonconforming to the height limit would have the same surface area limitations of conforming buildings and that measurement of the surface area of the device be applied only to that area which exceeds the height of the existing roof or parapet wall, whichever is greater as long as it is adequately screened from view. The result would be to allow such equipment to be located on buildings nonconforming to height while ensuring that it is adequately screened and that it have no greater visual impact to surrounding properties.

Wireless Communication Facilities

Current zoning regulations do not take into consideration new wireless communication technology. Section 17.46.240 was approved twenty years ago and was intended to regulate satellite television dishes on both residential and commercial properties . Wireless communication facilities today 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 generally located on a roof. The development of new cell phone technology and growth of cell phone use has created a continuing demand for cell antenna sites. Due to the number of new building permit applications for such facilities, staff believes that discretionary review should be required for all future wireless communication facility projects. Currently, such facilities are only subject to submittal of a site plan and approval of a building permit. Furthermore, 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). Currently such facilities are permitted in all zones as an accessory use.

Attachment No. 1 provides the suggested changes to address the City Council’s concerns regarding the placement of satellite and wireless communication rooftop equipment on buildings nonconforming to height, and new requirements for regulation of wireless communication facilities including new provisions for application procedures, definitions, site selection, screening, setbacks, and leasing of public property. Preference in site selection is recommended for public structures, co-location and shared sites.

 

Notes:

1. Section 17.46.240 --Antennas, satellite dishes and similar equipment.

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

  1. 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.
  2. Such device shall be considered an accessory structure under the zoning code.
  1. 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. 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.
  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 building 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.

 

SUGGESTED CHANGE TO TEXT

17.04.040 General definitions. (these definitions will be added alphabetically to existing list)

"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.

"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.

17.26.030 C-1, C-2 and C-3 land use regulations.

(Wireless communication facility shall be added as a permitted use requiring a CUP in all three commercial zones.)

17.28.020 Permitted Uses. (M-1 Light Manufacturing Zone)

(Wireless communication facility shall be added as a permitted use requiring a CUP.)

17.30.020 Permitted Uses. (O-S Open Space Zone)

(Wireless communication facility shall be added as a permitted use requiring a CUP and co-location with public governmental buildings or schools.)

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:

  1. 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.

2. Such device shall be considered an accessory structure under the zoning code.

  1. Wireless communication facilities shall be subject to discretionary review and must obtain a Conditional Use Permit pursuant to Chapter 17.40 of the Zoning Ordinance.

4. 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:

  1. 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;
  2. 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;
  3. 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. 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 building 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.
  3. 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.

Section 17.40.170 Wireless Communications Facilities. (new section)

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 facility outside the City of Hermosa Beach, and the efforts, if any, that applicant has made to locate the facility outside the City of Hermosa Beach.
  4. 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.
  5. 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.
  6. 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 development standards 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.
  4. 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.
  5. The facility shall be placed to the centermost location of the roof top to screen it from view from the street and adjacent properties.
  6. The facility shall not be permitted on residentially zoned property.
  1. Setback Requirements.

  2. The facility shall be considered an accessory structure. If the facility is located within two hundred (200) feet of a residential use, then the facility shall comply with the setback requirements for such zone. In all other instances, the extent of compliance with the setback requirements for the zone in which the facility is located shall be considered, in accordance with the following guidelines, by the City in connection with its processing of any facility permit.

  3. Screening and Site Selection Guidelines.

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

  1. The extent to which the proposed facility blends into the surrounding environment or is architecturally integrated into a concealing structure, taking into consideration alternate sites that are available.
  2. The extent to which the proposed facility is screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures.
  3. The total size of the proposed facility, particularly in relation to surrounding and supporting structures.
  4. The availability of suitable alternative locations for the facility.
  5. Preference shall be given to facilities located on publicly owned structures, co-location and shared sites.
  6. Preference shall be given to sites which are not located along primary street frontage, front yard areas or adjacent to residential uses.
  7. Whenever possible, wireless communication facilities should be located on existing buildings, existing poles, or other existing support structures.
  1. Lease of public property.
  1. Any lease of City property for the purpose of erecting a wireless communication facility shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve the applicant of any obligations to obtain appropriate permits as required by this section.
  2. The City Council, by resolution following a public hearing, may approve a list of sites located on existing City property or within the public rights-of-way which are approved for major facilities. Each site shall include a description of permissible development and design characteristics, including but not limited to maximum height requirements. The City shall make such resolution available to all persons upon request. The approved list of locations may be subsequently amended by the City Council by resolution from time to time.
  3. All proposed facilities to be located on a City property site which is pre-approved in accordance with the requirements of this section following an effective date of the ordinance codified in this section may be approved subject to a Conditional Use Permit and any additional or different requirements made applicable by this section.
  4. 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.