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HomeMy WebLinkAboutORD NO 4231ORDINANCE NO. ORDINANCE ADDING CHAPTER 17.59 AND AMENDING SECTIONS 17.04.045, 17.04.128, 17.04.322, 17.04.618, 17.08.070, 17.08.110, AND 17.25.060 OF THE MUNICIPAL CODE RELATING TO WIRELESS TELECOMMUNICATION FACILITIES WHEREAS, the City of Bakersfield desires to promote the siting of wireless telecommunication facilities, including towers and antennas, as best appropriate to prevent visual and urban blight; and WHEREAS, it is the intent of the City of Bakersfield to protect and promote the public health, safety and welfare by regulating the siting of wireless telecommunication facilities. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 17.59 is hereby added to the Bakersfield Municipal Code to read as follows: CHAPTER 17.59 WIRELESS TELECOMMUNICATION FACILITIES Section: 17.59.010 17.59.020 17.59.030 17.59.O40 Purpose. Review process. Development and design standards. Abandonment and removal. 17.59.010 Purpose. The purpose of this ordinance is to establish general guidelines for the siting of wireless telecommunication facilities, including towers and antennas, in accordance with the Telecommunications Act of 1996, as amended. The goals of this ordinance are to protect residential areas and land uses from potential adverse impacts of towers and antennas, encourage their location in industrial and commemial areas, encourage the joint use of new and existing facilities, encourage users to configure said facilities in a way that minimizes the adverse visual impacts, and consider the public health and safety in the siting and use of said facilities. In furtherance of these goals, the City of Bakersfield 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. OR~G~NA!. P:~ORD_CEQA\Wireless Telecommunication Ord.doc January 26, 2005 -- Page 1 of 8 Pages -- 17.59.020 A. Review process. All wireless telecommunication facilities, including antennas, towers, mounted poles, and satellite dishes shall be subject to review as follows: Exemptions. The following installations are exempt from the provisions of this chapter: (a) The installation of one (1) ground mounted satellite dish antenna for the private, personal use of the occupants of a dwelling, which is less than 10 feet in diameter and less than 15 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 24 inches in diameter installed on a building providing that such antenna does not extend above the roofline of said 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 said antenna is no more than 65 feet in height from grade and complies with all applicable accessory structure setbacks. 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. 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. 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. 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 18 inches from the structure. The antennas shall also be painted to match the 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. ',[,~Gh~AL P:~ORD_CEQA\Wireless Telecommunication Ord.doc January 26, 2005 -- Page 2 of 8 Pages -- Antennas mounted on existing electrical transmission towers in any zone district where the antenna height is no more than 10 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. 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. Modification of existing telecommunications facilities that existed prior to the effective date of this ordinance where the physical area of the reconfigured or altered antenna does not exceed 25 percent of the original approval, blends with the architectural design of the existing facility, and meets all other requirements of this chapter. Stand-alone monopole camouflaged as a palm tree, pine tree or other natural object. 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 24 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 18 inches. 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 Section 17.59.020 B. or the development standards in Section 17.59.030. 2. New uncamouflaged monopoles. 3. All other wireless communication facilities, including lattice towers. 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. On property zoned or designated residential, residential suburban, agricultural, or open space unless otherwise provided by this chapter. P:\ORD_CEQA\Wireless Telecommunication Oral.doc January 26, 2005 Page 3 of 8 Pages -- O?~iO I~,IAL 17.59.03O A. Development and Design Standards. Minimum setbacks of any antenna or tower, including equipment and equipment buildings, shall be as follows: Fifty (50) feet from the property line abutting any public or private street. Where the property line separates the lot from an adjacent lot zoned or designated residential, 50 feet for camouflaged and slim-lined monopoles, 300 feet for uncamouflaged monopoles and lattice towers, and 20 feet for equipment buildings. 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. The maximum height of an antenna or tower, including equipment and equipment buildings, shall be as follows: Sixty-five (65) feet or no more than 20% 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. One-hundred twenty-five (125) feet or no more than 20% above the existing height of adjacent natural objects, whichever is less, for stand- alone 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. If the antenna or tower is mounted on a roof, no taller than 15 feet above the roof or 20% of the building height, whichever is less. 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 clock tower, carillon tower, and steeple, its height is limited by the height of that building or structure. Equipment buildings shall not exceed a height of 12 feet and an area of 750 square feet. ORIGINAL P:\ORD CEQA\Wireless Telecommunication Oral.doc January 26, 2CO5 -- Page 4 of 8 Pages -- 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 non-reflective 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 barbed or razor wire is prohibited. Trees may be required by the approving authority when deemed necessary to ensure compatibility with the surrounding area. If security lighting is provided, it shall be directed downward and shielded to prevent light spillage onto adjacent properties and public rights-of-way. 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. 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. Non-reflective 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 regulation AC70/7460 latest edition. and/or strobes. to Federal Aviation Administration This may include beacons, sidelights, The operation of the antenna shall not cause interference with any electrical equipment in the surrounding neighborhoods such as television, radio, telephone, computer, inclusive of any public safety radio system, 911 emergency system, etc., unless exempted by Federal regulation. Uncamouflaged monopoles, slim-lined monopoles, and lattice structures shall be located no closer than 1,000 feet apart. Camouflaged monopoles shall be located no closer than 300 feet apart. Co-location is encouraged to minimize the number of antennas and towers in an area. m P:\OR D_CE~QA\Wire~ess Telecommunication Oral.doc January 26, 2005 -- Page 5 of 8 Pages -- 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. 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. 17.59.040 Abandonment and removal. Any wireless telecommunication facility, including antennas, towers and satellite dish antennas, that are not operated for a continuous period of twelve (12) 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 (90) days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned facility within said ninety (90) days shall be grounds to declare it a public nuisance and to cause such to be removed at said 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 2. Section 17.04.045 is hereby added to the Bakersfield Municipal Code to read as follows: "Antenna" means any exterior transmitting or receiving device mounted on the ground, tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals. SECTION 3. Section 17.04.128 is hereby added to the Bakersfield Municipal Code to read as follows: "Camouflage" means man made trees, clock towers, bell steeples, light poles and other similar alternative design of mounting structures that completely screen or conceal the presence of antennas or towers in an effective manner. SECTION 4. Section 17.04.322 is hereby added to the Bakersfield Municipal Code to read as follows: "Height" means the vertical distance measured from the finished grade of the parcel to the highest point of a building, tower, or other structure, including the base pad. P:\ORD_CEQA\Wiroless Telecommunication Ord.doc -- Page 6 of 8 Pages -- ~'~ ~.~ ,~R!G~AL SECTION 5. Chapter 17.04.618 is hereby added to the Bakersfield Municipal Code to read as follows: "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, television, and similar communications purposes. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. SECTION 6. Subsection H of Section 17.08.070 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.59. Wireless telecommunication facilities installed in accordance with Chapter SECTION 7. Subsection B of Section 17.08.110 of the Bakersfield Municipal Code is hereby amended to read as follows: Flagpoles, public utility poles and lines, chimneys and smokestacks may extend not more than 30 feet above the height limit provided in this title; provided, that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. Wireless telecommunication facilities, including antennas, satellite dish antennas, and towers shall be subject to the provisions of Chapter 17.59. SECTION 8. Subsection B of Section 17.25.060 of the Bakersfield Municipal Code is hereby repealed. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. 0 ~GINAL P:\ORD_CEQA\Wireless Telecommunication Ord,doc January 26, 2005 -- Page 7 of 8 Pages -- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the Citv _.of Bakersfield at a regular meeting thereof held on ~t{ ~ 6 ~.l]~'~ , by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNClLMEMBER COUNClLMEMBER COUNCILMEMBER PAMELA A. McCARTHY, C_l~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: /~'~'~ 7~7._ P:~ORD_CEQA\Wireless Telecommunication Ord,doc January 26, 2005 -- Page 8 of 8 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern ) PAMELA A. McCARTHY, 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 27th day of January , 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4231 , passed by the Bakersfield City Council at a meeting held on the 26th day of January, 2005 and entitled: AN ORDINANCE ADDING CHAPTER 17.59 AND AMENDING SECTIONS 17.04.045, 17.04.128, 17.04.322, 17.04.618, 17.08.070, 17.08.110, AND 17.25.060 OF THE MUNICIPAL CODE RELATING TO WIRELESS TELECOMMUNICATION FACILITIES PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY City ~lerk S:\DOCUMENT~FORMS~AOP.ORD.wpd 1/27/2005 0 ~,~.~.NAL