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Home My WebLink AboutORD NO 4876ORDINANCE NO. 1 76 AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 12.12, CHAPTER 17.59, SECTIONS 17.59.010, 17.59.020, 17.59.030, AND 17.59.040, AND CHAPTER 17.64, SECTION 17.64.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO WIRELESS TELECOMMUNICATIONS IN THE PUBLIC RIGHT -OF -WAY. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 12.12 Article II. Erection of Poles is eliminated in its entirety. SECTION 2. Chapter 17.59, Sections 17.59.010, 17.59.020, 17.59.030 and 17.59.040 of Title 17 are hereby amended to read as follows: Chapter 17.59 WIRELESS TELECOMMUNICATION FACILITIES NOT IN THE PUBLIC RIGHT -OF -WAY 17.59.010 Puroose. The purpose of this chapter is to establish general guidelines for the siting of wireless telecommunication facilities not in the public right -of -way, including towers and antennas, in accordance with the Telecommunications Act of 1996, as amended. The goals of this chapter are to protect residential areas and land uses from potential adverse impacts of towers and antennas, encourage their location in industrial and commercial areas, encourage the joint use of new and existing facilities, encourage users to configure such facilities in a way that minimizes the adverse visual impacts, and consider the public health and safety in the siting and use of the facilities. In furtherance of these goals, the city shall give due consideration to the general plan, zoning of existing land uses, and environmentally sensitive areas in approving sites for the location of wireless telecommunication facilities. Notwithstanding any other provision of this chapter as provided herein, chapter 12.30 of this code shall apply to the placement, construction, or modification of wireless telecommunication facilities within the public right -of -way, as provided therein. 0 6A /(' N Page 1 of Pages— � ° ORIGlNAI 17.59.020 Review process. A. All wireless telecommunication facilities not in the public right -of -way, including antennas, towers, mounted poles, and satellite dishes shall be subject to review as follows: 1. Exemptions. The following installations are exempt from the provisions of this chapter: a. The installation of one ground- mounted satellite dish antenna for the private, personal use of the occupants of a dwelling, which is less than ten feet in diameter and less than fifteen feet in height and complies with all applicable accessory structure setbacks. b. One satellite dish antenna for the private, personal use of the occupants of a dwelling, which is less than twenty -four inches in diameter installed on a building providing that such antenna does not extend above the roof - line of the building. C. One single -pole, tower roof, or ground- mounted television, or amateur radio antenna for the private, personal use of the occupants of a dwelling provided such antenna is no more than sixty -five feet in height from grade and complies with all applicable accessory structure setbacks. B. Planning Director Review. The following shall be reviewed by the planning director or designee, prior to the issuance of a building permit. The applicant shall include with their plans all drawings, renderings, photographs and other necessary documents that clearly shows how the proposed facilities will meet the required development standards. 1. Antennas mounted on a building or rooftop and that are screened from view from all adjacent public rights -of -way and adjacent residentially zoned or designated properties. 2. Antennas architecturally integrated within a building or structure, or concealed so as not to be recognized as an antenna, such as clock towers, carillon towers, flagpoles, and steeples. These antennas may be permitted in any zone district. 3. Antennas mounted on other existing structures including, but not limited to, water tanks, pump stations, utility poles, field lighting and signs (excluding outdoor advertising structures), where the antenna height does not exceed the structure height nor project more than eighteen inches from the structure. The antennas shall also be painted to match the eeAKF -- Page 2 of 8 Pages — o SuT f- U � color of the building or structure, and /or be covered or architecturally screened with materials using the latest stealth design features so that it is indistinguishable from the main structure. These antennas may be permitted in any zone district. 4. Antennas mounted on existing electrical transmission towers in any zone district where the antenna height is no more than ten feet above the height of the tower, the antenna blends with the architectural design of the tower, and the utility company has given written permission for such co- location. 5. Co- location of new equipment on an existing legally approved antenna or tower that blends with the architectural design of the existing facility and meets all other requirements of this chapter. 6. Modification of existing telecommunications facilities that existed prior to the effective date of the ordinance codified in this chapter where the physical area of the reconfigured or altered antenna does not exceed twenty -five percent of the original approval, blends with the architectural design of the existing facility, and meets all other requirements of this chapter. 7. Stand -alone monopole camouflaged as a palm tree, pine tree or other natural object. 8. Stand -alone slim -line monopole with flush- mounted vertical antennas employing the latest stealth design features. A slim -line monopole shall measure no more than twenty -four inches in diameter at the base that tapers smaller toward the top. The maximum distance of antenna arrays projecting from the pole shall not exceed eighteen inches. C. Board of Zoning Adjustment Review. The following shall be reviewed by the board of zoning adjustment, subject to a conditional use permit in accordance with Chapter 17.64. The applicant shall include with their plans all drawings, renderings, photographs and other necessary documents that clearly shows how the proposed facilities will meet the required development standards. Facilities that do not meet the requirements of subsection B of this section or the development standards in Section 17.59.030. 2. New uncamouflaged monopoles. 3. All other wireless communication facilities not in the public right -of -way, including lattice towers. OAKF -- Page 3 of 8 Pages — 0 m 0 aRInINAI 4. Placement of a commercial antenna or satellite dish antenna on any building not screened from view from all adjacent public rights -of -way and adjacent residentially zoned or designated properties. 5. On property zoned or designated residential, residential suburban, agricultural, or open space unless otherwise provided by this chapter. 17.59.030 Develooment and desian standards. A. Minimum setbacks of any antenna or tower subject to this chapter, including equipment and equipment buildings, shall be as follows: 1. Fifty feet from the property line abutting any public or private street. 2. Where the property line separates the lot from an adjacent lot zoned or designated residential, fifty feet for camouflaged and slim -lined monopoles, three hundred feet for uncamouflaged monopoles and lattice towers, and twenty feet for equipment buildings. 3. All other setbacks of the zone district in which the facilities are located shall apply, except that no rear yard setback shall apply to commercial or industrial zone districts adjacent to same. B. The maximum height of an antenna or tower, including equipment and equipment buildings, shall be as follows: 1. Sixty -five feet or no more than twenty percent above the existing height of adjacent natural objects, whichever is less, for stand -alone monopoles on property zoned or designated residential, residential suburban, agricultural, or open space. Natural objects do not include fabricated structures such as buildings, signs, utility poles /towers, or other telecommunication towers. 2. One hundred twenty -five feet or no more than twenty percent above the existing height of adjacent natural objects, whichever is less, for standalone monopoles on property zoned or designated commercial or industrial. Natural objects do not include fabricated structures such as buildings, signs, utility poles /towers, or other telecommunication towers. 3. If the antenna or tower is mounted on a roof, no taller than fifteen feet above the roof or twenty percent of the building height, whichever is less. 4. If the antenna is architecturally integrated within a building or structure, or concealed so as not to be recognized as an antenna, such as a clocV�OnKF 0 �, Fn �- -- Page 4 of 8 Pages -- " o ORIGINAL tower, carillon tower, and steeple, its height is limited by the height of that building or structure. 5. Equipment buildings shall not exceed a height of twelve feet and an area of seven hundred fifty square feet. C. Associated equipment shall be within a completely enclosed building. Use of underground vaults, landscaping, or other camouflaging completely screening equipment is encouraged and may be considered by the approving authority in lieu of a building. Buildings shall be painted similar nonreflective colors as the antenna or tower structure, and blend with the surrounding area. If security fencing is used, it shall be wrought iron or similar decorative material. Chain -link fencing may only be used if screened with landscaping that is installed and maintained in accordance with Chapter 17.61. Use of electrified, barbed or razor wire is prohibited. Trees may be required by the approving authority when deemed necessary to ensure compatibility with the surrounding area. D. If security lighting is provided, it shall be directed downward and shielded to prevent light spillage onto adjacent properties and public rights -of- way. E. Signs and advertisement are prohibited, except required informational signs for public safety in accordance with the area limitations of Section 17.60.080(F). The antenna shall be located to assure visual compatibility with surrounding development and not adversely impact area land uses. Guy wires are prohibited. G. If an antenna is attached or integrated into a building, it shall be painted to match the color of the building and /or covered with similar materials and use the latest stealth design features. H. Nonreflective colors shall be used for all equipment shelters, poles, towers, antennas, and supporting structures. If not camouflaged, antenna and monopoles shall be a single color such as off - white, cream, beige, light green, or gray. Antenna structures shall conform to Federal Aviation Administration regulation AC70/7300 latest edition. This may include beacons, sidelights, and /or strobes. J. The operation of the antenna shall not cause interference with any electrical equipment in the surrounding neighborhoods such as television, — Page 5 of 8 Pages -- 1N U p ORIGINAL radio, telephone, computer, inclusive of any public safety radio system, 911 emergency system, etc., unless exempted by federal regulation. K. Uncamouflaged monopoles, slim -lined monopoles, and lattice structures shall be located no closer than one thousand feet apart. Camouflaged monopoles shall be located no closer than three hundred feet apart. Co- location is encouraged to minimize the number of antennas and towers in an area. Facilities shall be maintained in good condition and a proper state of preservation at all times. They shall be operational and present a satisfactory appearance regarding their original approval such as painting, material screening, camouflage, landscaping, or anything deemed to the appearance of the overall facility. M. Landscaping may be required to further screen, aesthetically enhance, or blend the facility with adjacent natural features or development when deemed necessary by the approving authority to ensure compatibility with the surrounding area. (Ord. 4782 § 1, 2014; Ord. 4231 § 1, 2005) 17.59.040 Abandonment and removal. Any wireless telecommunication facility not in the public right -of -way, including antennas, towers and satellite dish antennas, that are not operated for a continuous period of twelve months, shall be considered abandoned and the owner of such facility, or the property owner of the facility site shall remove the same within ninety days of receipt of notice from the city notifying the owner of such abandonment. Failure to remove an abandoned facility within such ninety days shall be grounds to declare it a public nuisance and to cause such to be removed at the owner's or property owner's expense. This section shall not limit the city's remedies and city shall have all remedies available at law or equity. SECTION 3. Section 17.64.020 of Title 17, Chapter 17.64 entitled "Modifications, Conditional Use Permits, Amendments and Appeals" is hereby amended to read as follows: 17.64.020 Authority of board of zoning adjustment. The board of zoning adjustment shall have authority to grant, subject to appeal to the city council under the provisions of this title, the following: A. Modification or waiver of: Page 6of6 Pages -- 9AKE',9N v o^ ORIGINAL 1. Automobile parking space or loading requirements on private property, and 2. The height, yard and lot area regulations on a lot or lots, including, but not limited to, modification of such regulations for some or all lots within a subdivision to facilitate zero -lot -line or other typical subdivision development; and 3. Fence, wall and hedge regulations as may be necessary to secure an appropriate improvement on a lot; and B. Conditional use permits permitting any use in any zone in which that use is not permitted by this title, subject to the findings set forth in Section 17.64.060C. C. Wireless facilities right -of -way permits for wireless telecommunication facilities proposed to be located within the public right -of -way pursuant to chapter 12.30. SECTION 4. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. - - - - - -- 00000- - - - - -- of 0AKF9s r U O socou.aions,am,z uen.eamni�ra. v.nnnmam.rm.00a ORIGINAL -- Page 7 of 8 Pages -- HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on OCT 1 ? 2016 by the following vote: ✓ V ✓" ✓ ✓ ✓ V AYES COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCILMEMBER: Nz"k ABSTAIN: COUNCILMEMBER: Nom ABSENT: COUNCILMEMBER: N�Q y1" , do-" ROBERTA GAFFORD, C CITY CLERK and EX OFFICIO Clerk of the APPROVED: OCT 1 11111 Council of the City of Bakersfield It wo 09 By: HARVEY L. HALL, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attar y By: ANDREW HEGLUkb Deputy City Attorney AH all 0 0AKe9T s � m c.�ourvczwmmsmussn�rse w..i... r.�n�mam�n.rm.wa `� o -- Page 8 of 8 Pages -- ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 14th day of October, 2016 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4876, passed by the Bakersfield City Council at a meeting held on the 12th day of October. 2016 and entitled: AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 12.12, CHAPTER 17.59, SECTIONS 17.59.010, 17.59.020, 17.59.030, AND 17.59.040, AND CHAPTER 17.64, SECTION 17.64.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO WIRELESS TELECOMMUNICATIONS IN THE PUBLIC RIGHT -OF -WAY. ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By:'I DEPUTY TY City Clerk S NDOCUMEmWORMSVOP. ORD.P d