City of Garden Grove, CA WIRELESS COMMUNICATIONS FACILITIES

§ 9.24.010 Wireless Telecommunications Facilities—Purpose.

All wireless telecommunications facilities shall be designed, planned, installed and maintained in accordance with the requirements of this section.

Purpose, Intent and Siting Alternatives Hierarchy. The purpose and intent of the provisions of this section are to:

Promote the health, safety and general welfare of the public by regulating the siting of, and establishing development standards for, wireless telecommunication facilities and related equipment and infrastructure, including satellite earth stations greater than two meters in diameter;

Minimize the impacts of wireless telecommunication facilities on surrounding areas by recognizing the variety of telecommunications facilities and establishing standards for location, aesthetics, structural integrity and compatibility;

Encourage the location and collocation of wireless telecommunication equipment on existing structures, thereby minimizing new visual, aesthetic and public safety impacts, and effects upon the natural environment and wildlife, and reducing the need for additional antenna-supporting structures;

Accommodate the growing need and demand for wireless telecommunication services and encourage the provision of advanced and competitive telecommunications facilities on the widest possible basis to the businesses, institutions and residents of the City;

Encourage coordination between suppliers of wireless telecommunication services in the City of Garden Grove;

Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of prohibiting personal wireless service in the City;

Enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development;

Establish predictable and balanced regulations governing the construction and location of wireless telecommunications facilities, within the confines of permissible local regulation;

Establish review procedures to ensure that applications for wireless telecommunications facilities are reviewed and acted upon with a reasonable period of time;

10.

Promote the orderly development of the telecommunications infrastructure in the City through the promotion of coordination of master plans among the City and participating wireless telecommunications providers.

(2758 § 2, 2009)

§ 9.24.020 Definitions.

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.

"City manager or designee"

means the City Manager or designee of the City of Garden Grove.

"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)

§ 9.24.030 Applicability.

Applicability.

This section shall apply to the design, planning, installation, construction, maintenance and modification of the following wireless telecommunications facilities:

Existing antenna-supporting structures;

Proposed antenna-supporting structures;

Public antenna-supporting structures;

Replacement of existing antenna-supporting structures;

Collocation on existing antenna-supporting structures;

Attached wireless telecommunications facilities;

Stealth wireless telecommunications facilities.

Notwithstanding the provisions of subsection A above, this section shall not apply to the following facilities or activities:

Amateur radio antenna supporting structures and antennas;

Satellite earth stations that are two meters or less in diameter and that are not greater than 35 feet above grade;

Regular maintenance of any existing wireless telecommunications facility that does not include the placement of a new wireless telecommunications facility;

The substitution or change of existing antennas or antenna panels, feed lines or other equipment on an existing antenna-supporting structure, provided the substituted antennas or equipment meet building code requirements (including windloading), and provided that such change does not increase the overall height of the structure or the number of antennas or antenna panels mounted on the structure;

Any existing or proposed antenna-supporting structure, antenna or antenna array, owned by a public agency or agencies, to be used for public-safety-related telecommunications, including, but not limited to, police, fire and public works dispatch and field coordination and telecommunications;

Antenna supporting structures, antennas and/or antenna arrays for non-wireless telecommunications facilities such as AM/FM/TV/DTV broadcasting transmission facilities that are licensed by the Federal Telecommunications Commission.

(2758 § 2, 2009)

§ 9.24.040 Land Use Districts.

Uses by Land Use District for Separate Facilities.

Except as provided in subsection A.2. below, no wireless telecommunications facility shall be allowed in a particular zoning district except in accordance with the table below:

Land Use District	Collocation	Attached Facility	Replacement of Existing Support Structure	Stealth Facility	New Non-Stealth Facility
R-1	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Prohibited
R-2	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Prohibited
R-3	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Prohibited
O-P	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Prohibited
C-1	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Prohibited
C-2	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Prohibited
C-3	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Prohibited
M-1	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Conditional Use
M-P	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Conditional Use
O-S	CM or Design Review	CM or Design Review	CM or Design Review	Conditional Use	Prohibited

Within all districts that the above table shows as "Prohibited," new antenna-supporting structures may be permitted as a conditional use, provided that the antenna-supporting structure is owned by a public agency and is used for public safety telecommunications, in accordance with the adopted wireless master plan.

The provisions of this Section 9.24.040 shall not be applicable to facilities identified in an approved wireless master plan as provided in Section 9.24.050.

(2758 § 2, 2009)

§ 9.24.050 Wireless Master Plan.

Initial Wireless Master Plan. The wireless master plan ("plan") on file in the office of the City Clerk has been adopted as the plan and shall be applicable to all applications for wireless telecommunications facilities as provided in this subsection. The plan may be amended from time to time as provided in this subsection.

Amendments to the Plan. The City Manager or designee, on the City Manager or designee's initiative or at the request of a telecommunications provider, may process amendments to the plan as provided in this subsection B. The City Manager or designee shall establish a schedule for the public review, consideration and adoption of an amendment to the plan. The City Manager or designee shall provide notice of the schedule and such other information as the City Manager or designee deems appropriate to telecommunications providers the City Manager or designee reasonably knows maintain facilities in the City. Telecommunications providers shall be provided a reasonable opportunity to apply for the inclusion of specific facilities in the plan. Any provider applying for inclusion of facilities in the plan shall comply with all of the requirements of this section. All proposed facilities shall be evaluated consistent with the applicable requirements of this section, including the utilization of signal propagation methods to assure compliance with all federal, state and local regulations. The City Manager or designee shall include in the proposed amendment to the plan, only those facilities the City Manager or designee finds satisfy the requirements of this section, including the siting and minimum development standards. The amendment to the plan shall be noticed, heard and adopted in the manner provided under law for the adoption of a specific plan.

Information to Be Provided. All telecommunications providers who apply for an amendment to the plan shall provide all necessary and requested information to the City Manager or designee, which information shall include all applicable information specified in Section 9.24.060, including the information specified in subsections 9.24.060.A.13.a through d for each wireless facilities site that it currently operates within the City, as well as each site area within which it reasonably believes it will need a facility within the City for at least the next two years.

Plan Development and Use. Upon submittal of the foregoing information in subsection C above, the City Manager or designee shall develop and refine the plan that will specify areas within the City where an applicant may construct a wireless telecommunications facility by filing a site plan application and obtaining City Manager or designee approval, and obtaining issuance of a building permit, in accordance with the specifications set forth in the plan, as approved for that particular site area.

Application Fee Required. The fee for participation in the plan shall be set by City Council resolution, and shall be a one-time fee for review of the applicant's existing and proposed facilities in the City. Payment of the application fee shall be made at the time the application for an amendment to the plan is submitted, with the information set forth in subsection B above.

Plan Supersedes Processes for Separate Facilities. Facilities identified in the adopted plan, including any amendments to the plan, and facilities proposed for inclusion in an approved site area specified in the plan shall only require City Manager or designee review for the construction of approved wireless facilities, irrespective of the zoning district in which the site is located, and without the necessity of further public hearing. Such facilities will not be assessed any additional expert review fee set forth in Section 9.24.090; however, all other fees required under this code, including any applicable building permit fees, shall be paid. For those areas specified in the plan that are on property owned or controlled by the City (regardless of zoning classification), the applicant shall, prior to seeking a building permit for such facility, negotiate and execute a lease agreement with the City for such site upon terms and conditions approved by the City.

(2758 § 2, 2009)

§ 9.24.060 Submittal Requirements.

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 completed application form and any appropriate fees;

Four sets of signed and sealed site plans;

Written evidence (a title report valid within the last six months) showing the ownership of the subject parcel;

A form indicating that property and/or antenna-supporting structure's owner's agent has authorization to act upon their behalf (if applicable);

A signed statement from the applicant or provider stating that the radio frequency emissions comply with FCC standards for such emissions;

Proof of an FCC license to transmit and/or receive radio signals in Garden Grove;

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;

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;

Photo-simulated post construction renderings of the proposed antenna-supporting structure, equipment enclosures and ancillary structures as they would look after construction;

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;

A signed statement from the antenna-supporting structure owner agreeing to allow the collocation of other wireless equipment on the proposed antenna-supporting structure;

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

All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter and, including, where applicable:

Existing wireless telecommunications facilities to which the proposed facility will be a handoff candidate, including latitude, longitude and power levels of each;

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;

Prior to issuance of a building permit, a statement by a qualified professional engineer specifying the design structural failure modes of the proposed facility;

Antenna heights and power levels of the proposed facility and all other facilities on the subject property; and

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:

Height;

Mass and scale;

Materials and color;

Illumination; and

Information addressing the following items:

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)

§ 9.24.070 Wireless Development Standards.

These standards shall apply to wireless telecommunications facilities:

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:

Collocation on an existing antenna supporting structure;

Attached wireless telecommunications facility;

Replacement of existing antenna support structure;

Stealth wireless telecommunications facility (public property);

Stealth wireless telecommunications facility (private property);

New antenna supporting structure.

Stealth Wireless Telecommunications Facilities.

Specific Standards for Stealth Wireless Telecommunications Facilities.

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.

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).

Construction. No stealth wireless telecommunications facility shall be guyed or have lattice type construction.

Structural Integrity. The stealth facility shall be designed to meet all building code requirements (including windloading).

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.

Submittal Requirements for Stealth Wireless Telecommunications Facilities.

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.

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.

Attached Wireless Telecommunications Facilities.

Approval Criteria for Attached Wireless Telecommunications Facilities.

Radio Frequency Emissions. The applicant shall self certify through a written statement that radio frequency emissions shall comply with FCC standards for such emissions.

Intensity Requirements. The following shall be considered as development area in the review of an application for an attached wireless telecommunications facility:

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.

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."

Height.

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;

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;

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

Screening and Placement.

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.

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.

Collocations on an Existing Antenna-Supporting Structure.

Approval Criteria for Collocations on Existing Antenna-Supporting Structures.

Radio Frequency Emissions. The radio frequency emissions shall comply with FCC standards for such emissions.

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:

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.

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.

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.

Structural Integrity. Any collection on an existing antenna-supporting structure shall meet building code requirements (including windloading).

Submittal Requirements for Collocation on an Existing Antenna-Supporting Structure Application.

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:

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.

Replacement of an Existing Antenna-Supporting Structure.

Approval criteria for replacement antenna-supporting structures.

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.

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.

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.

Radio Frequency Emissions. The radio frequency emissions shall comply with FCC standards for such emissions.

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:

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.

Setbacks.

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.

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.

Construction. Replacement antenna-supporting structures, antennas and/or antenna arrays shall have a monopole type construction.

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.

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.

New Non-Stealth Antenna-Supporting Structures. Approval criteria for new antenna-supporting structures:

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.

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.

Construction. New antenna-supporting structures shall have a monopole type construction only, and shall not be guyed or have a lattice type construction.

Structural Integrity.

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.

Collocation Feasibility.

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.

Evidence submitted to demonstrate that no existing wireless telecommunications facility could accommodate the applicant's proposed facility may consist of any of the following:

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.

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.

Radio Frequency Emissions. The radio frequency emissions shall comply with FCC standards for such emissions.

Intensity Requirements. The following shall be considered as development area in the review of an application for a new non-stealth antenna-supporting structure:

The area beneath all equipment enclosures;

The area of the antenna-supporting structure foundation at or above grade;

The area beneath ancillary structures;

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.

13.

Adverse Effects on Adjacent Properties.

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.

The following attributes shall be considered from vantage points on adjacent properties, roadways and occupied structures:

Height and location;

ii.

Mass and scale;

iii.

Materials and color;

iv.

Illumination; and

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)

§ 9.24.080 Interference with Public Safety Communications.

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:

Comply with Good Engineering Practices as defined by the FCC in its Rules and Regulations.

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);

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;

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:

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;

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)

§ 9.24.090 Expert Review.

Where due to the complexity of the methodology or analysis required to review an application for a wireless telecommunication facility requiring conditional use approval or a radio frequency analysis, the City Manager or designee may require a technical expert review by a third party expert, the costs of which shall be borne by the applicant, which sum shall be in addition to any entitlement fees. Applicant shall submit a deposit, in an amount set by City Council resolution, towards the cost of such technical review upon notification from the City Manager or designee that a technical review is required, and shall remit any outstanding balance to the City for such review (up to any fee cap that may be adopted by the City Council by resolution) prior to issuance of a building permit. The technical expert review shall be completed within 45 days of city staff receipt of a complete application and technical analysis and justification from the applicant.

The expert review may address any or all of the following:

The accuracy and completeness of submissions;

The applicability of analysis techniques and methodologies;

The validity of conclusions reached;

Whether the proposed wireless telecommunications facility complies with the applicable approval criteria set forth in these regulations; and

Other matters deemed by the City Manager or designee to be relevant to determining whether a proposed wireless telecommunications facility complies with the provisions of these regulations.

Based on the results of the expert review, the City Manager or designee may require changes to the applicant's application or submittals.

The applicant shall reimburse the City within 15 working days of the date of receipt of an invoice for expenses associated with the third party experts review of the application. Failure by the applicant to make reimbursement pursuant to this subsection shall abate the pending application until paid in full.

(2758 § 2, 2009)

§ 9.24.100 Wireless Facility Abandonment.

In the event all legally approved use of any wireless telecommunications facility has been discontinued for a period of six months, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City Manager or designee who shall have the right to request documentation and/or affidavits from the facility owner regarding the issue of wireless telecommunications facility usage, including evidence that use of the wireless telecommunications facility is imminent.

At such time as the City Manager or designee reasonably determines that a wireless telecommunications facility is abandoned, the City Manager or designee shall provide the facility owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond within 60 days of receipt of such notice shall constitute prima facie evidence that the wireless telecommunications facility has been abandoned.

If the owner of the wireless telecommunications facility fails to respond or fails to demonstrate that the wireless telecommunications facility is not abandoned, the facility shall be considered abandoned and the owner of the facility shall have an additional 120 days within which to:

Reactivate the use of the wireless telecommunications facility or transfer the wireless telecommunications facility to another owner who makes actual use of the facility within the 120-day period; or

Dismantle and remove the wireless telecommunications facility.

Prior to issuance of a building permit for a wireless telecommunications facility, the underlying property owner shall acknowledge in writing, on a form approved by or in a manner otherwise acceptable to the City Attorney's Office, his or her responsibilities as the property owner to perform or contract to perform and pay all costs associated with dismantling and properly removing and disposing of an abandoned wireless telecommunications facility.

(2758 § 2, 2009)

§ 9.24.110 Height Limitation Exception.

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:

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.

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)