Definitions. For the purposes of this section, the terms and
phrases listed below have the following meanings:
"Ancillary structures"
means forms of development associated with a wireless telecommunications
facility, including, but not limited to: foundations, concrete slabs
on grade, guy wire anchors, generators and transmission cable supports;
however, specifically excluding equipment enclosures.
"Antenna"
means any apparatus designed for transmitting and/or receiving
electromagnetic waves that includes, but is not limited to, telephonic,
radio or television telecommunications. Types of antennas include,
but are not limited to: omnidirectional (whip) antennas, sectorized
(panel) antennas, multi or single bay (FM and TV), yagi or parabolic
(dish) antennas.
"Antenna array"
means a single or group of antennas and their associated
mounting hardware, transmission lines or other appurtenances that
share a common attachment device such as a mounting frame or mounting
support.
"Antenna-supporting structure"
means a vertical projection composed of metal, wood or other
substance, with or without a foundation, that is for the express purpose
of accommodating antennas at a desired height above grade. Antenna-supporting
structures do not include any device used to attach antennas to an
existing building, unless the device extends above the parapet.
"Anti-climbing device"
means a piece or pieces of equipment that are either attached
to antenna-supporting structure, or that are free-standing and are
designed to prevent people from climbing the structure. These devices
may include, but are not limited to, fine mesh wrap around structure
legs, "squirrelcones", the removal of climbing pegs on monopole structures,
or other approved devices, but exclude the use of barbed wire or razor
wire.
"Attached wireless telecommunication facility"
means an antenna or antenna array that is attached to an
existing building, with any accompanying pole or device that attaches
it to the building, transmission cables, and an equipment enclosure,
which may be located either inside or outside of the building. For
the purpose of this section, the term "existing building" includes
a utility tower equipped with electrical transmission facilities.
"Collocation"
means a situation in which two or more different wireless
telecommunication service providers place a wireless telecommunication
antenna or antennas and feed lines on a common antennasupporting structure.
The term "collocation" shall not be applied to a situation where two
or more wireless telecommunication service providers independently
place equipment on an existing building.
"Development area"
means the area occupied by a wireless telecommunications
facility, including areas inside or under the following: an antenna-supporting
structure's framework, equipment enclosures, ancillary structures
and access ways.
"Equipment enclosure"
means any structure above the base flood elevation, including
cabinets, shelters (pre-fabricated or otherwise), pedestals and other
similar structures. Equipment enclosures are used exclusively to contain
radio or other equipment necessary for the transmission or reception
of wireless telecommunication signals, and not for the storage of
equipment, nor as habitable space.
"FAA"
means the Federal Aviation Administration.
"FCC"
means the Federal Communications Commission.
"Feed lines"
means the interconnecting media between the transmission/receiving
base station and the antenna.
"Geographic search area"
means an area designated by a wireless provider or operator
for a new base station facility, produced in accordance with generally
accepted principles of wireless engineering.
"Guyed"
means a style of antenna-supporting structure, consisting
of a single truss assembly composed of sections, with bracing incorporated.
The sections are attached to each other, and the assembly is attached
to a foundation and supported by a series of guy wires that are connected
to anchors placed in the ground or on a building.
"Lattice"
means a style of antenna-supporting structure that consists
of vertical and horizontal supports with multiple legs and cross-bracing,
and metal crossed strips or bars to support antennas.
"Monopole"
means a style of free-standing antenna-supporting structure
that is composed of a single shaft, usually composed of two or more
hollow sections that are in turn attached to a foundation. This type
of antenna-supporting structure is designed to support itself without
the use of guy wires or other stabilization devices. These structures
are mounted to a foundation that rests on or in the ground or on a
building's roof.
"Personal wireless service"
means commercial mobile radio services, unlicensed wireless
services, and common carrier wireless exchange access services, as
defined in the Telecommunications Act of 1996.
"Public antenna-supporting structure"
means an antenna-supporting structure, appurtenances, equipment
enclosures, and all associated ancillary structures used by a public
body or public utility for the purposes of transmission and/or reception
of wireless telecommunication signals associated with, but not limited
to: public education, parks and recreation, fire and police protection,
public works and general government.
"Radio frequency emissions"
means any electromagnetic radiation or other telecommunications
signal emitted from an antenna or antenna-related equipment on the
ground, antenna-supporting structure, building or other vertical projection.
"Replacement"
means the construction of a new antenna-supporting structure
built to replace an existing antenna-supporting structure.
"Satellite earth station"
means a single or group of satellite parabolic (or dish)
antennas. These dishes are mounted to a supporting device that may
be a pole or truss assembly attached to a foundation in the ground,
or in some other configuration. A satellite earth station may include
the associated separate equipment enclosures necessary for the transmission
or reception of wireless telecommunications signals with satellites.
"Stealth wireless telecommunications facility"
means a wireless telecommunications facility, ancillary structure
or equipment enclosure that is not readily identifiable as such, and
is designed to blend into its surroundings and be aesthetically compatible
with existing and proposed uses on a site and the surrounding area.
A stealth facility may have a secondary function. Examples of stealth
facilities include, but are not limited to, the following: church
steeple, bell tower, spire, clock tower, cupola, light standard, flagpole
with a flag, or tree.
"Wireless telecommunication facility" (WCF)
means any staffed or unstaffed commercial facility for the
transmission and/or reception of radio frequency signals, or other
wireless telecommunications, and usually consisting of an antenna
or group of antennas, transmission cables and equipment enclosures,
and may include an antenna-supporting structure. The following developments
shall be considered as a wireless telecommunication facility: developments
containing new or existing antenna-supporting structures, public antenna-supporting
structures, replacement antenna-supporting structures, collocations
on existing antenna-supporting structures, attached wireless telecommunications
facilities, stealth wireless telecommunication facilities and satellite
earth stations.
"Wireless telecommunications"
means any personal wireless service, which includes, but
is not limited to, cellular, personal telecommunication services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), and paging.
(2758 § 2, 2009)
The following items may be required to be submitted along with any application for a wireless telecommunications facility, as identified in Section
9.24.070:
A. A completed
application form and any appropriate fees;
B. Four
sets of signed and sealed site plans;
C. Written
evidence (a title report valid within the last six months) showing
the ownership of the subject parcel;
D. A form
indicating that property and/or antenna-supporting structure's owner's
agent has authorization to act upon their behalf (if applicable);
E. A signed
statement from the applicant or provider stating that the radio frequency
emissions comply with FCC standards for such emissions;
F. Proof
of an FCC license to transmit and/or receive radio signals in Garden
Grove;
G. Prior
to issuance of a building permit, a stamped or sealed structural analysis
of the proposed antennasupporting structure prepared by a licensed
California engineer indicating the proposed and future loading capacity
of the antenna supporting structure;
H. One
original and two copies of a survey of the property, completed by
a licensed California engineer, that shows all existing uses, structures
and improvements;
I. Photo-simulated
post construction renderings of the proposed antenna-supporting structure,
equipment enclosures and ancillary structures as they would look after
construction;
J. Prior
to issuance of a building permit, proof of FAA compliance with subpart
(C) of the Federal Aviation Regulations Part 77, Object Affecting
Navigable Airspace, if applicable;
K. A signed
statement from the antenna-supporting structure owner agreeing to
allow the collocation of other wireless equipment on the proposed
antenna-supporting structure;
L. If required
by the United States Fish and Wildlife Service, a letter indicating
that the proposed antennasupporting structure and appurtenances are
in compliance with all applicable federal rules and regulations; and
M. All
other documentation, evidence, or materials necessary to demonstrate
compliance with the applicable approval criteria set forth in this
chapter and, including, where applicable:
1. Existing
wireless telecommunications facilities to which the proposed facility
will be a handoff candidate, including latitude, longitude and power
levels of each;
2. A
radio frequency plot indicating the coverage of existing wireless
telecommunications sites, and that of the proposed site sufficient
to demonstrate radio frequency search area, coverage prediction, and
design radius, together with a certification from the applicants radio
frequency engineer that the proposed facility's coverage or capacity
potential cannot be achieved by any higher ranked alternative such
as collocation, attached facility, replacement facility or stealth
facility, and that the proposed facility's height is the minimum necessary
to reasonably meet coverage and/or capacity needs;
3. Prior
to issuance of a building permit, a statement by a qualified professional
engineer specifying the design structural failure modes of the proposed
facility;
4. Antenna
heights and power levels of the proposed facility and all other facilities
on the subject property; and
5. A
statement from the applicant, consistent with the requirements of
subsection 9.24.70.A.1, that demonstrates that alternative locations,
configurations, and facility types have been examined; and addresses
in narrative form the feasibility of any alternatives that may have
fewer adverse effects on adjacent properties than the facility, configuration
and location proposed including, but not limited to:
e. Information addressing the following items:
i. The extent of any commercial development within the geographic search
area of the proposed facility;
ii. The proximity of the structure to any residential dwellings;
iii. The proximity of the structure to any public buildings or facilities;
iv. The existence of tall and like structures within the geographic search
area of the proposed structure.
(2758 § 2, 2009)
These standards shall apply to wireless telecommunications facilities:
A. Siting
of Facilities. Siting of a wireless telecommunications facility shall
be in accordance with the siting alternatives hierarchy specified
in this subsection. The order of ranking from higher to lower with
"1" being the highest or most preferred siting alternative and "6"
being the lowest or least preferable siting alternative. Where a lower
ranked alternative is proposed, the applicant must file an affidavit
demonstrating that despite diligent efforts to adhere to the established
hierarchy within the geographic search area, higher ranked alternatives
are not feasible, as determined by a qualified radio frequency engineer
and based on written evidence supporting such determination:
1. Collocation
on an existing antenna supporting structure;
2. Attached
wireless telecommunications facility;
3. Replacement
of existing antenna support structure;
4. Stealth
wireless telecommunications facility (public property);
5. Stealth
wireless telecommunications facility (private property);
6. New
antenna supporting structure.
B. Stealth
Wireless Telecommunications Facilities.
1. Specific
Standards for Stealth Wireless Telecommunications Facilities.
a. Setbacks. Stealth facilities shall meet the minimum setback requirements
for the zoning district where they are located for the type of structure
used or simulated.
b. Height. Stealth wireless telecommunications facilities shall not
exceed 60 feet in overall height. The City may limit the height of
a proposed stealth facility to ensure that the facility is not readily
identifiable as a wireless facility, blends into its surroundings,
and has the appearance of an allowable and customary structure on
site (e.g., church steeple, flagpole with flag, light standard, tree).
c. Construction. No stealth wireless telecommunications facility shall
be guyed or have lattice type construction.
d. Structural Integrity. The stealth facility shall be designed to meet
all building code requirements (including windloading).
e. Aesthetics. No stealth facility, whether fully enclosed within a
building or otherwise, shall have antennas, antenna arrays, transmission
lines, equipment enclosures or other ancillary equipment that is readily
identifiable from the public domain as wireless telecommunications
equipment. In addition, any parcel on which a wireless telecommunications
facility is located shall remain at all times in compliance with all
requirements of this title.
2. Submittal
Requirements for Stealth Wireless Telecommunications Facilities.
a. For a proposed stealth wireless telecommunications facility application to be considered complete, it shall contain submittal materials specified in subsections
A through
I and
M of Section
9.24.060.
b. For a proposed stealth wireless telecommunications facility that
is not ground-mounted, the City Manager or designee may waive certain
submittal requirements to reflect the necessary documentation required
to demonstrate compliance with the provisions of this section.
C. Attached
Wireless Telecommunications Facilities.
1. Approval
Criteria for Attached Wireless Telecommunications Facilities.
a. Radio Frequency Emissions. The applicant shall self certify through
a written statement that radio frequency emissions shall comply with
FCC standards for such emissions.
b. Intensity Requirements. The following shall be considered as development
area in the review of an application for an attached wireless telecommunications
facility:
i. The area beneath all equipment enclosures;
ii. The area of the antenna-supporting structure foundation at or above
grade;
iii. The area beneath ancillary structures;
iv. The area inside the antenna-supporting structure framework.
c. Signage. The only signage that is permitted upon an antenna-supporting
structure, equipment enclosures, or fence (if applicable) shall be
informational, and for the purpose of identifying the antenna-supporting
structure (such as ASR registration number), as well as the party
responsible for the operation and maintenance of the facility, its
current address and telephone number, security or safety signs, and
property manager signs (if applicable). If more than 220 voltage is
necessary for the operation of the facility and is present in a ground
grid or in the tower, signs located every 20 feet and attached to
the fence or wall shall display in large, bold, high contrast letters
(minimum height of each letter: four inches) the following: "HIGH
VOLTAGE—DANGER."
d. Height.
i. The antenna, antenna array, attachment device, equipment enclosure
and/or any ancillary equipment shall not extend above the highest
point of the building or building parapet (lightning rods, radio antennas,
and similar devices shall not be considered in determining the highest
point of the building); and
ii. Existing or proposed attached wireless telecommunications facilities
that project above the building upon which they are mounted or the
parapet thereon shall be considered as an antenna-supporting structure
and subject to the provisions for these types of uses pursuant to
subsection 9.24.070.D;
e. Construction. Attached facilities shall not be visible from the street
and shall either be flushmounted to the building and painted to match
the building color, or mounted behind a parapet that completely blocks
the view of the wireless telecommunications facilities from all portions
of the property line, and in either case shall be consistent with
the existing building massing and architectural detailing;
f. Color. All attached antenna or antenna arrays, equipment enclosures
and ancillary equipment visible from outside the building where they
are located shall be painted so as to blend in with the building where
they are placed; and
g. Screening and Placement.
i. Attached wireless telecommunications facilities shall be screened
by a parapet or other device so as to minimize its visual impact as
measured from the boundary line of the subject property. Attached
facilities shall be either flush-mounted on the building and stealthed,
or mounted so as to not be visible above any building parapet from
any adjacent property; and
ii. An attached wireless telecommunications facility shall be attached
only to a commercial/industrial, industrial, hotel, multifamily, institutional,
office, hospital or public building or facility.
iii. Any parcel on which a wireless telecommunications facility is located
shall remain at all times in compliance with all requirements of Title
9 of the Municipal Code.
2. Submittal Requirements for Attached Wireless Telecommunications Facility Applications. For a proposed attached wireless telecommunication facility application to be considered complete, it shall contain the materials specified in subsections
A—
F,
H,
I and M.1—4 of Section
9.24.060.
D. Collocations
on an Existing Antenna-Supporting Structure.
1. Approval
Criteria for Collocations on Existing Antenna-Supporting Structures.
a. Radio Frequency Emissions. The radio frequency emissions shall comply
with FCC standards for such emissions.
b. Intensity Requirements. The following shall be considered as development
area in the review of an application for a collocation on an existing
antenna-supporting structure:
i. The area beneath all equipment enclosures;
ii. The area of the antenna-supporting structure foundation at or above
grade;
iii. The area beneath ancillary structures;
iv. The area inside the antenna-supporting structure framework.
c. Security. Suitable protective anti-climb fencing with a minimum height
of eight feet, and/or anti-climbing devices shall be required to preserve
security on wireless telecommunication facilities and structures.
d. Signage. The only signage that is permitted upon an antenna-supporting
structure, equipment enclosures, or fence (if applicable) shall be
informational, and for the purpose of identifying the antenna-supporting
structure (such as ASR registration number), as well as the party
responsible for the operation and maintenance of the facility, its
current address and telephone number, security or safety signs, and
property manager signs (if applicable). If more than 220 voltage is
necessary for the operation of the facility and is present in a ground
grid or in the tower, signs located every 20 feet and attached to
the fence or wall shall display in large, bold, high contrast letters
(minimum height of each letter: four inches) the following: "HIGH
VOLTAGE—DANGER."
e. Height. A collocation on an existing antenna-supporting structure shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array beyond that allowed under paragraph 3.i of this subsection
D.
f. Structural Integrity. Any collection on an existing antenna-supporting
structure shall meet building code requirements (including windloading).
2. Submittal
Requirements for Collocation on an Existing Antenna-Supporting Structure
Application.
a. For a collocation on an existing antenna-supporting structure application to be considered complete, it shall contain submittal materials specified in subsections
A through
F,
I and M.1—4 of Section
9.24.060, as well as the following:
i. A stamped or sealed structural analysis of the existing antenna-supporting
structure prepared by a licensed California engineer indicating that
the existing antennasupporting structure as well as all existing and
proposed appurtenances meets building code requirements (including
windloading) for the antenna-supporting structure.
ii. A copy of the lease or sublease between the owner of the antenna-supporting
structure and the applicant seeking to place additional wireless equipment
on the structure. Clauses related to lease term or rent may be deleted
or censored.
3. Replacement
of an Existing Antenna-Supporting Structure.
a. Approval criteria for replacement antenna-supporting structures.
i. Structural Integrity.
(A)
The entire antenna-supporting structure and all appurtenances
shall be designed pursuant to the wind speed design requirements of
ASCE 7-95, including any subsequent modification to those specifications,
and applicable building code requirements; and
(B)
The new antenna-supporting structure shall be designed to accommodate
the maximum amount of wireless telecommunications equipment, including
that of other wireless telecommunication service providers. The exact
amount of potential additional equipment to be accommodated shall
be agreed upon during a pre-application conference and recorded in
the letter of understanding resulting from the conference.
b. Lighting. New antenna-supporting structures shall be illuminated
in accordance with FAA requirements to provide aircraft obstruction
lighting, where required. Any such illumination shall be by red lighting
unless otherwise directed by the FAA. Louvers or shields may be required
by the City to keep lighting from shining down on surrounding properties.
c. Color. New antenna-supporting structures shall maintain a galvanized
gray finish or other accepted contextual or compatible color, except
as required by federal rules or regulations.
d. Radio Frequency Emissions. The radio frequency emissions shall comply
with FCC standards for such emissions.
e. Intensity Requirements. The following shall be considered as development
area in the review of an application for a replacement of an existing
antenna-supporting structure:
i. The area beneath all equipment enclosures;
ii. The area of the antenna-supporting structure foundation at or above
grade;
iii. The area beneath ancillary structures;
iv. The area inside the antenna-supporting structure framework.
f. Security. Suitable protective anti-climb fencing with a minimum height
of eight feet, and/or anti-climbing devices shall be required to preserve
security on wireless telecommunication facilities and structures.
g. Signage. The only signage that is permitted upon an antenna-supporting
structure, equipment enclosures, or fence (if applicable) shall be
informational, and for the purpose of identifying the antenna-supporting
structure (such as ASR registration number), as well as the party
responsible for the operation and maintenance of the facility, its
current address and telephone number, security or safety signs, and
property manager signs (if applicable). If more than 220 voltage is
necessary for the operation of the facility and is present in a ground
grid or in the tower, signs located every 20 feet and attached to
the fence or wall shall display in large, bold, high contrast letters
(minimum height of each letter: four inches) the following: "HIGH
VOLTAGE—DANGER."
h. Setbacks.
i. Any new equipment enclosures shall meet the minimum setback requirements
for the land use district where they are located; and
ii. Replacement antenna-supporting structure foundations constructed
on a property or properties that is/are contiguous to any residential
zone shall not be any closer to these zones than the foundation of
the original antenna-supporting structure being replaced.
i. Height. Replacement antenna-supporting structures, antennas and/or
antenna arrays shall not exceed 60 feet, or 110% of the height of
the antenna-supporting structure it is replacing, whichever is greater.
j. Construction. Replacement antenna-supporting structures, antennas
and/or antenna arrays shall have a monopole type construction.
k. Landscaping. An average of one canopy tree (minimum height of 12
feet with six-foot spread at time of planting) and two understory
trees (minimum height of eight feet at time of planting) shall be
provided for every 30 feet of the tower base/accessory structures
opaque fenced perimeter. Credit shall be given for existing trees
located between the tower base perimeter and adjacent areas that are
being buffered. The required trees shall be planted in a pattern to
maximize screening of the base area of the tower from the view of
adjacent road rights-of-way and adjacent residentially designated
or residentially used properties, without conflicting with any guy
wires. Trees credited or planted to meet this screening requirement
shall be located on property under the control of the applicant to
ensure that the screening trees are preserved and maintained. Shrubs
and understory trees used to make the fencing opaque shall be planted
on the outside fence perimeter. Alternative landscaping plans that
provide for the same average canopy and understory trees but propose
alternative siting on the parent tract of the proposed facility may
be considered and approved by the City Manager or designee, provided
the proposed alternative maximizes screening as provided above.
4. Submittal Requirements for Replacement Antenna-Supporting Structure Applications. For a proposed replacement antenna-supporting structure application to be considered complete, it shall contain submittal materials specified in subsections
A through
K and M.1—4 of Section
9.24.060.
E. New
Non-Stealth Antenna-Supporting Structures. Approval criteria for new
antenna-supporting structures:
1. Setbacks.
Any new antenna-supporting structures, equipment enclosures and ancillary
structures shall meet the minimum setback requirements for the land
use district where they are located.
2. Height.
The overall height of any antenna-supporting structure, antenna and/or
antenna array, excluding those related to amateur radio, shall not
be greater than 60 feet. Height for all purposes in this subsection
shall mean the linear distance from the ground to the highest physical
point on the wireless telecommunications facility, except for one
vertical structure less than four inches in diameter that extends
no more than 10 feet above the antenna support structure, antenna
and antenna array and matches the color of the antenna and support
structure.
3. Construction.
New antenna-supporting structures shall have a monopole type construction
only, and shall not be guyed or have a lattice type construction.
4. Structural
Integrity.
a. The entire antenna-supporting structure and all appurtenances shall
be designed pursuant to the wind speed design requirements of ASCE
7-95, including any subsequent modification to those specifications,
and applicable building code requirements; and
b. The new antenna-supporting structure shall be designed to accommodate
the maximum amount of wireless telecommunications equipment, including
that of other wireless telecommunication service providers. The exact
amount of potential additional equipment to be accommodated shall
be agreed upon during a pre-application notification process and recorded
in the letter of understanding resulting from that process.
5. Lighting.
New antenna-supporting structures shall be illuminated in accordance
with FAA requirements to provide aircraft obstruction lighting, where
required. Any such illumination shall be by red lighting unless otherwise
directed by the FAA. Louvers or shields may be required by the City
to keep lighting from shining down on surrounding properties.
6. Collocation
Feasibility.
a. No antenna-supporting structure shall be permitted unless the applicant
demonstrates that no existing wireless telecommunications facility
can accommodate the applicant's proposed facility; or that use of
such existing facilities would prohibit personal wireless services
in the area of the City to be served by the proposed antenna-supporting
structure.
b. Evidence submitted to demonstrate that no existing wireless telecommunications
facility could accommodate the applicant's proposed facility may consist
of any of the following:
i. No existing wireless telecommunications facilities located within
the geographic area meet the applicant's engineering requirements;
ii. Existing wireless telecommunications facilities are not of sufficient
height to meet the applicant's engineering requirements;
iii. Existing wireless telecommunications facilities do not have sufficient
structural strength to support the applicant's proposed wireless telecommunications
facilities and related equipment;
iv. The applicant demonstrates that there are other limiting factors
that render existing wireless telecommunications facilities unsuitable.
7. Color.
New antenna-supporting structures shall maintain a galvanized gray
finish or other accepted contextual or compatible color, except as
required by federal rules or regulations.
8. Radio
Frequency Emissions. The radio frequency emissions shall comply with
FCC standards for such emissions.
9. Intensity
Requirements. The following shall be considered as development area
in the review of an application for a new non-stealth antenna-supporting
structure:
a. The area beneath all equipment enclosures;
b. The area of the antenna-supporting structure foundation at or above
grade;
c. The area beneath ancillary structures;
d. The area inside the antenna-supporting structure framework.
10. Security. Suitable protective anti-climb fencing with a minimum height
of eight feet, and/or anticlimbing devices shall be required to preserve
security on wireless telecommunication facilities and structures.
11. Landscaping. An average of one canopy tree (minimum height of 12
feet with six-foot spread at time of planting) and two understory
trees (minimum height of eight feet at time of planting) shall be
provided for every 30 feet of the tower base/accessory structure's
opaque fenced perimeter. Credit shall be given for existing trees
located between the tower base perimeter and adjacent areas that are
being buffered. The required trees shall be planted in a pattern to
maximize screening of the base area of the tower from the view of
adjacent road rights-of-way and adjacent residentially designated
or residentially used properties, without conflicting with any guy
wires. Trees credited or planted to meet this screening requirement
shall be located on property under the control of the applicant to
ensure that the screening trees are preserved and maintained. Shrubs
and understory trees used to make the fencing opaque shall be planted
on the outside fence perimeter. Alternative landscaping plans that
provide for the same average canopy and understory trees but propose
alternative siting on the parent tract of the proposed facility may
be considered and approved by the City Manager or designee, provided
the proposed alternative maximizes screening as provided above.
12. Signage. The only signage that is permitted upon an antenna-supporting
structure, equipment enclosures, or fence (if applicable) shall be
informational, and for the purpose of identifying the antenna-supporting
structure (such as ASR registration number), as well as the party
responsible for the operation and maintenance of the facility, its
current address and telephone number, security or safety signs, and
property manager signs (if applicable). If more than 220 voltage is
necessary for the operation of the facility and is present in a ground
grid or in the tower, signs located every 20 feet and attached to
the fence or wall shall display in large, bold, high contrast letters
(minimum height of each letter: four inches) the following: "HIGH
VOLTAGE—DANGER."
13. Adverse Effects on Adjacent Properties.
a. New antenna-supporting structures shall be configured and located
in a manner that shall minimize adverse effects, including visual
impacts, on adjacent properties. The applicant shall demonstrate that
alternative locations, configurations, and facility types have been
examined and shall address through visual aids and in narrative form
the feasibility of any alternatives that may have fewer adverse effects
on adjacent properties than the facility, configuration and location
proposed.
b. The following attributes shall be considered from vantage points
on adjacent properties, roadways and occupied structures:
v. Existing and proposed vegetation and intervening structures.
(A)
An applicant shall demonstrate through the photo-simulation
requirements under subsection 9.24.060.I that the project design employs
each of these attributes in a manner that minimizes adverse effects
to the greatest extent feasible to achieve the necessary wireless
service capabilities.
(B)
Submittal requirements for new non-stealth antenna-supporting structure applications: Applicants shall submit all items identified in Section
9.24.060.
(C)
A pre-application notification process is required for any new
antenna supporting structure in order to determine if there are any
imminent collocation opportunities.
(D)
The applicant shall demonstrate that the following notice was
mailed (via certified mail) to all interested parties, including other
wireless service providers licensed to provide service within the
City of Garden Grove as indicated on the list of wireless service
providers and interested parties provided by the City:
"Pursuant to the requirements of the Garden Grove Municipal
Code, (name of provider) is hereby providing you with notice of our
intent to meet with the City of Garden Grove in a pre-application
conference to discuss the location of a freestanding wireless telecommunications
facility that would be located at (location). In general, we plan
to construct a support structure of _____ feet in height for the purpose
of providing (type of wireless service). Please inform us and the
City of Garden Grove if you have any desire for placing additional
wireless facilities or equipment within two miles of our proposed
facility. Please provide us with this information within 20 business
days after the date of this letter. Your cooperation is sincerely
appreciated.
Sincerely, (pre-application applicant, wireless provider)"
(E)
Included with the notice shall be the latitude and longitude
(NAD 83) of the proposed structure. Within 20 days of receiving a
timely response from an interested potential co-applicant, the applicant
shall inform the respondent and the planning division in writing as
to whether or not the potential collocation is acceptable and under
what conditions. If the collocation is not acceptable, then the applicant
must provide the respondent and the planning division written justification
as to why the collocation is not feasible.
(2758 § 2, 2009)
Interference with Public Safety Communications. In order to
facilitate the City's rules for regulation, placement, and construction
of WCF, each owner of a WCF or applicant for a WCF shall:
A. Comply
with Good Engineering Practices as defined by the FCC in its Rules
and Regulations.
B. Comply
with FCC regulations regarding susceptibility to radio frequency interference,
frequency coordination requirements, general technical standards for
power, antenna, bandwidth limitations, frequency stability, transmitter
measurements, operating requirements and any and all other federal
statutory and regulatory requirements relating to radio frequency
interference (RFI);
C. In the
case of an application for collocation of telecommunications facilities,
the applicant, together with the owner of the subject site, shall
use their best efforts to provide a composite analysis of all users
of the site to determine that the applicant's proposed facilities
will not cause radio frequency interference with the City's public
safety communications equipment and will implement appropriate technical
measures, as described in subsection D.1 of this section, to attempt
to prevent such interference;
D. Whenever
the City has encountered radio frequency interference with the City's
public safety communications equipment and the City reasonably believes
that such interference has been or is being caused by one or more
WCFs, the following steps shall be taken:
1. The
City shall provide notification to all owners of WCFs operating in
the City of possible interference with public safety communications
equipment, and upon such notification, the owners shall use their
best efforts to reasonably cooperate with the City and among themselves
to implement and utilize the procedures set forth in the joint wireless
industry public safety "Best Practices Guide," released by the FCC
in February, 2001, including the Good Engineering Practices, as may
be amended or revised by the FCC from time to time, to investigate
and mitigate the interference;
2. If any WCF owner fails to cooperate with the City in complying with the owner's obligations under this subsection or if the FCC makes a determination of radio frequency interference with the City's public safety communications equipment, the owner who failed to cooperate and/or the owner of the WCF that caused the interference shall be responsible, upon FCC determination of radio frequency interference, for reimbursing the City for all costs associated with ascertaining and resolving the interference, including, but not limit to, any engineering studies obtained by the City to determine the source of the interference. For the purposes of this Section
9.24.080, failure to cooperate shall include failure to initiate any response or action as described in the Best Practices Guide within 24 hours of the City's notification.
(2758 § 2, 2009)
Notwithstanding the 60-foot height limitation for wireless telecommunications
facilities provided for in this chapter, an applicant may apply for
an exception to exceed his or her height limitation as part of the
applicant's entitlement process. An exception to exceed the height
limitation may be granted provided the following findings can be made:
A. The applicant has provided a certification by a registered engineer that, due to the characteristics of the physical site or the applicant's network design architecture, a height in excess of 60 feet is necessary for adequate signal propagation. This certification shall be subject to expert review under Section
9.24.090.
B. That
the general design elements and layout of the proposed wireless telecommunications
facility, including the character, scale, quality of materials, colors
and screening of appurtenances, have been incorporated to ensure compatibility
with the character and design of adjacent properties.
(2758 § 2, 2009)