The Buena Park City Council has determined that these regulations
are necessary:
A. To
protect the public health, safety, welfare and quality of life in
Buena Park;
B. To
provide for the personal communications needs of the City's residents,
businesses, and visitors; and
C. To
ensure wireless telecommunications facilities of visually unobtrusive
appearance.
These definitions apply to this chapter.
"Antenna"
means a device used by a wireless telecommunications facility
to send or receive radio frequency signals, and includes the structure
to support the antenna.
"Carrier"
means a Federal Communications commission-licensed or California
Public Utilities Commission-authorized provider of wireless telecommunications
services
"Collocation"
means the placement of two or more wireless telecommunications
facilities on the same site, building, or structure where each facility
is operated by a different carrier.
"Facade-mounted"
means attached to and supported by any part of a building
other than a roof (e.g., a building wall, mechanical equipment penthouse
screen, parapet railing, column or the side elements of a cupola).
"Ground-mounted"
means attached to and supported by any freestanding structure
other than a building, but not including the roof of such structure
(e.g., a monopole, lattice tower, street light standard or a clock
tower).
"Lattice tower"
means an open, steel frame, ground mounted support structure
with multiple legs and cross-members.
"Monopole"
means a single spire ground-mounted support structure.
"Multiple use"
means one wireless telecommunications facility land use and
at least on other different kind of land use in or on the same structure,
building or site.
"Panel antenna"
means a flat rectangular directional antenna or an array
of antennas designed to concentrate a radio signal in a particular
area.
"Roof-mounted"
means attached to and supported by the roof of a building
or other structure (e.g., the top covering of the habitable floor
space of a building or of the non-habitable space within a covered
structure such as a cupola or a water tower).
"Small cell wireless facility"
means a facility that meets each of the following conditions:
(a) the structure on which antenna facilities are mounted: (1) is
50 feet or less in height, or (2) is no more than 10% taller than
other adjacent structures, or (3) is not extended to a height of more
than 10% above its preexisting height as a result of the collocation
of new antenna facilities; (b) each antenna (excluding associated
antenna equipment as defined by 47 C.F.R. Section 1.1320(d)) is no
more than 3 cubic feet in volume; (c) all other wireless equipment
associated with the facility are cumulatively no more than 28 cubic
feet in volume; (d) the facility does not require antenna structure
registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17; (e)
the facility is not located on Tribal lands, as defined under 36 C.F.R.
Section 800.16(x); and (f) the facility does not result in human exposure
to radiofrequency radiation in excess of the applicable safety standards
specified in 47 C.F.R. Section 1.1307(b).
"Stealth design"
means a combination of design style and locational techniques
that blend a wireless telecommunications facility into its environs
in a visually sensitive and unobtrusive manner.
"Whip antenna"
means an omnidirectional stick or pipe antenna with a single
360-degree sending or receiving vertical element that is no more than
one inch in diameter and that is supported only at its base, with
no lateral supports or arrays.
"Wireless telecommunication facility"
means a land use, structure, or facility that, in whole or
in part: (a) consists of one or more antennas and related antenna-supporting
structures, accessory equipment, buildings or cabinets and any other
related components; and (b) is used to send or receive limited range
radiofrequency signals; and (c) provides commercial cellular telephone
service, personal communications service, internet access service,
or other video, voice or data communications services as prescribed
or allowed by the Federal Communications Commission; but wireless
telecommunication facility excludes any radio or television facility
exempt from local regulation by federal or state law. Without limiting
the foregoing, the meaning of wireless telecommunications facilities
includes a small cell wireless facility.
(Ord. 1661 § 4, 2019)
Wireless telecommunications facilities are subject to approvals
at federal, state, county and city levels. Applicants are responsible
to obtain approvals at each level.
A. Other
governmental requirements may include:
1. Federal:
a. Federal Communications Commission.
(2)
Radiofrequency electromagnetic field emission standards.
b. Federal Aviation Administration.
Aircraft warning lights for towers more than 200 feet high.
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2. State: California Public Utilities Commission.
a. License/certificate of public convenience and necessity.
3. County:
a. The Orange County Airport Land Use Commission may have height limits
for buildings and structures that are more stringent than Buena Park
zoning standards near Fullerton Municipal Airport and the Armed Forces
Reserve Center, Los Alamitos.
b. The Orange County Sheriff's Department/Communications Division sets
standards for the protection of public safety communications systems
within the county from interference by wireless telecommunication
facilities operations which Buena Park uses to protect its local public
safety communications system.
B. City
of Buena Park requirements include:
1. Building, fire and other construction and safety codes.
3. Zoning. The installation of a new wireless telecommunications facility,
or the addition to or the modification or re-approval of an existing
wireless telecommunications facility, located on private property
requires:
a. Planning Division preliminary review to ensure that:
(1)
City requirements for stealth design styles and locations for
wireless telecommunications facility sites, antennas, and accessory
equipment are duly followed; and
(2)
Application filing requirements are met.
b. Director of Community Development approval of an Interdepartmental
Review application for a facade-mounted or a roof-mounted wireless
telecommunications facility.
c. Planning Commission approval of:
(1)
An Interdepartmental Review application referred by the Director
of Community Development; or
(2)
A Conditional Use Permit application for a ground-mounted wireless
telecommunications facility, at which time the Commission may impose
any reasonable conditions.
d. City Council approval of any appeal from a Planning Commission decision
on a wireless telecommunications facility application.
4. For telecommunications facilities located on property owned by the
City, a license or lease agreement approved by the City Council.
5. For installation of a small cell wireless facility within the public
rights-of-way, compliance with the Small Cell Regulations adopted
by Resolution of the City Council, the payment of associated fees
established by Resolution of the City Council, and a site permit approved
by Director of Public Works.
(Ord. 1661 § 5, 2019)
These standards are minimum standards established to ensure
only well designed, well maintained, and safe wireless telecommunications
facilities. The discretionary review process required for wireless
telecommunications facilities may be used to augment these standards
where determined appropriate.
A. Development.
1. Access.
a. Vehicular
(1)
Curbcut and driveway designs and installations shall be per
City standards.
(2)
Ingress and egress location and design shall be per the approval
of the Director of Public Works.
(3)
Bollards or other protective devices that separate paved vehicular
areas from adjacent wireless telecommunications facilities shall not
interfere with Code requirements for those areas.
b. Pedestrian.
(1)
Public access shall be prohibited in a secure manner.
(2)
Employee access shall be provided per applicable requirements
of the Uniform Building Code and the Americans with Disabilities Act.
2. Accessory building/equipment.
a. Building requirements are:
(1)
Twelve foot maximum height.
(2)
Four hundred square foot maximum gross floor area.
(3)
Architectural design compatibility with the primary building(s)
on-site.
b. Equipment requirements.
(1)
Unenclosed and not screened equipment is not acceptable.
(2)
Also see "Stealth Design" Section 19.1220.050.B.2.c.
3. Antennas.
a. Guy wires shall be prohibited for any antenna.
b. No antenna shall be higher, wider, or otherwise larger than the minimum
required to function optimally.
c. Also see "Stealth Design" Section 19.1220.050.B.2.b.
4. Equipment Upgrades.
a. When technological advancements enable equipment upgrades to provide
better or safer services, those upgrades shall be undertaken as soon
as practicable.
b. City approval of equipment upgrades is required.
5. Exterior lighting shall be limited to:
a. Aircraft warning lights the Federal Aviation Administrations may
require.
d. Landscape accent lighting.
e. Energy-efficient lighting.
6. Fencing.
a. Fences shall be constructed of decorative masonry or materials of
equivalent durability and aesthetic quality that closely match the
surroundings.
b. Barbed wire, concertina wire, or razor ribbon shall be prohibited.
c. Anti-graffiti finish shall be applied to solid fencing and gates.
d. Access gates shall be:
(1)
Of a height equal to the fence.
(2)
Made of opaque material equivalent in durability, color, and
appearance to the fence.
7. Height.
a. No antenna shall be higher than the minimum required to function
optimally. Optimal functionality shall not mandate City approval of.
(1)
An antenna higher than permitted by the underlying zone; or
(2)
Added parapet or mechanical equipment penthouse screen height
for a facade-mounted or a roof-mounted antenna.
b. Ground-mounted antennas shall not exceed the maximum height permitted
for a building by the underlying zone.
c. Roof-mounted Antennas.
(1)
Height shall be measured from the top of the highest part of
the antenna to the top of the roof directly below the antenna.
(2)
Every roof-mounted antenna shall be the least of:
(ii)
One-quarter the height of the building or structure; or
(iii) The height of the top of the opaque screen that
is required to shield the antenna from view.
d. Façade-mounted antennas, other than whip antennas, shall not
exceed the top edge of the wall surface to which they are attached
without extended stealth design treatment.
e. Whip antennas may be a maximum height of 20 feet or one-half the
height of the building to which they are attached, whichever is less.
8. Landscaping for Ground-Mounted Wireless Telecommunications
Facilities.
a. Detailed landscape and irrigation plans shall be submitted for City
review and approval.
b. Unbuilt or unpaved areas shall be landscaped.
c. A minimum five foot deep landscape strip shall be provided adjoining
all property or lease lines.
d. Vertical landscaping shall be employed to screen antennas and equipment
and to soften building and enclosure walls.
e. Shrubs shall be five gallon minimum size at planting.
f. Plant materials shall be drought tolerant.
g. A timed automatic irrigation system with moisture sensors shall be
provided within all landscape areas.
h. Six-inch high concrete curbs shall separate all landscaped and paved
vehicular areas.
i. All plant materials shall be approved by the City as to size and
condition.
j. All landscape, irrigation and planter curb work shall be completed
and receive final inspection approval prior to operation of the facility.
9. Lot Size.
No wireless telecommunications facility shall be permitted on
a lot smaller than the minimum size required by the underlying zone.
10. Parking.
a. A minimum of one standard size off-street parking space shall be
provided for a wireless telecommunications facility, except that this
requirement may be waived for unmanned wireless telecommunications
facilities on multiple use or collocation sites.
b. The addition of a wireless telecommunications facility to a multiple
use or collocation site shall not reduce the number of off-street
parking and loading spaces provided for the other uses on-site to
less than Zoning Ordinance required minimums.
c. No component of a wireless telecommunications facility shall encroach
into a required parking space, back-up space, driveway aisle or vision
clearance area.
11. Placement.
a. Facade-mounted antennas shall be placed as close as possible to the
wall surface on which they are mounted.
12. Screening.
a. Screening of wireless telecommunications facilities shall be provided
where higher levels of stealth design treatment are neither proposed
nor required.
b. Roof-mounted wireless telecommunications facilities shall be screened
from public view by parapets or mechanical equipment penthouse screens
that:
(1)
Closely match exterior building walls in color and texture.
(2)
Are a minimum height equal to the highest component of the wireless
telecommunications facility being screened.
Also see "Height" Section 19.1220.060.A.7.
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c. Ground-mounted wireless telecommunications facilities that are neither
proposed nor required to meet a higher stealth design style preference
shall be screened from public view with fencing and landscaping that
meet the requirements of this chapter.
d. Working drawings shall clearly detail screening features.
e. Slats within chain link fencing is not an acceptable screening method.
f. Whip antennas require no screening.
13. Separation requirements apply irrespective of City boundary lines.
a. A ground-mounted wireless telecommunications facility shall be separated:
(1)
From all other ground-mounted wireless telecommunications facilities
(excluding facilities with which it is collocated) by at least 1,000
feet; and
(2)
From all residentially zoned properties
by at least 200 feet.
This requirement does not apply to or from a wireless telecommunications
facility located within:
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(a)
A public street right-of-way; or
(b)
A high-power line easement that maintains a minimum width of
100 feet.
b. Facade-mounted and roof-mounted wireless telecommunications facilities
have no separation requirements.
14. Setbacks.
a. Ground-mounted wireless telecommunications facilities:
(1)
Shall meet the building setback requirements of the zone in
which they are located.
(2)
The review authority may decide that this requirement does not
apply to stealth designs that replicate artwork, or that totally envelop
the antenna in a freestanding structure so that it is invisible, such
as within a flag pole or a water tower.
b. Façade-mounted wireless telecommunications facilities.
(1)
Have no setback requirements;
(2)
Shall not project beyond any property line;
(3)
Shall not have less of a vertical clearance than the City requires
for pedestrian and vehicular safety; and
(4)
Shall not project horizontally more than 18 inches from the
building surface to which they are attached.
c. Roof-mounted wireless telecommunications facilities:
(1)
Have no setback requirements; but
(2)
Shall not project horizontally beyond exterior building walls.
15. Signs.
a. Only the following types of signs, not to exceed eight square feet
in the aggregate, shall be permitted:
(1)
Emergency notification signs.
b. Advertising signs, temporary or permanent, shall be prohibited.
16. Undergrounding.
All hardwire lines required for wireless telecommunications
facilities shall be underground.
B. Operational.
1. Abandonment.
a. The carrier shall notify the Director of Community Development prior
to any planned interruption or cessation of operation of a wireless
telecommunications facility.
b. Any 90-consecutive day lack of use constitutes abandonment.
c. A written notice of determination of abandonment shall be sent by
the City by first class mail, or personally delivered, to the carrier
of the wireless telecommunications facility at the carrier's business
address on file with the City. The carrier shall remove the facility
and restore the site to pre-facility condition within 45 days of the
date of the notice, unless appealed to the Planning Commission.
d. Appeals of abandonment determinations shall follow procedures prescribed in Chapter
19.120 of this Title.
e. Failure to timely remove an abandoned wireless telecommunications
facility may result in forfeiture of the letter of credit or other
guarantee required as well as the imposition of other City Code violation
fines and penalties to which property owners and master lease holders
and lessees in violation of Code may be subject.
f. Demolition and restoration work shall conform to City requirements.
g. Letter of Credit.
(1)
An irrevocable letter of credit, surety bond or other guarantee
acceptable to the City Attorney shall be posted with and in favor
of the City prior to issuance of a building permit in an amount equal
to 150 percent of the estimated cost to demolish the facility and
restore the property to its prior condition.
(2)
Should the carrier not be the property owner or master lease
holder of the land, building or structure on which the wireless telecommunications
facility is located, the carrier shall provide, along with the letter
of credit or other guarantee, written authorization by the property
owner or master lease holder for the City to accomplish the demolition
and restoration, if necessary.
(3)
Should the facility be abandoned and not demolished by the carrier,
the City may use this letter of credit or other guarantee to accomplish
the demolition and restoration.
(4)
Any salvage value resulting from City-accomplished demolition
shall belong to the City.
(5)
If timely demolition and restoration is accomplished by the
carrier, the City shall return the letter of credit or other guarantee
to the carrier.
2. Cumulative Impacts.
City review of individual wireless telecommunications facility
applications will include assessment of the total impact of all wireless
telecommunications facilities within Buena Park and within 1,000 feet
of the City of Buena Park boundaries.
3. Generators.
Gasoline or diesel powered generators may only be operated:
b. For testing and maintenance, 9:00 a.m. to 4:00 p.m., Mondays through
Fridays, excluding holidays.
4. Interference.
Wireless telecommunications facilities shall not interfere with
public safety communications networks. Specific conditions shall be
included with each wireless telecommunications facility approval to
address this issue.
5. Maintenance.
All requirements, including landscaping, shall be continuously
maintained to City standards.
6. Monitoring of Radiofrequency Electromagnetic Field Emissions.
The City shall be provided wireless telecommunications facility
monitoring reports with conclusions and recommendations, prepared
at the applicant's expense by a qualified engineer, that assess ongoing
compliance with federal and state radiofrequency electromagnetic field
emission requirements:
a. No sooner than the first 30 nor later than the first 60 days of operation;
and
7. Ownership Transfer.
a. Should ownership, leasehold interest or operation of a wireless telecommunications
facility transfer, the Director of Community Development shall be
notified immediately.
b. City approval and requirements will automatically extend to the new
owner/lease holder/carrier.
c. The transferor shall notify the transferee of these City requirements.
8. Safety.
a. Wireless telecommunications facilities shall only be operated in
continuous compliance wit the safety standards and requirements of
all applicable regulatory agencies and jurisdictions.
b. Noncompliance with this requirement constitutes noncompliance with
this chapter.
C. In
connection with the Planning Commission's discretionary review of
ground-mounted wireless telecommunications facilities, the Commission
shall establish a five-year life which may be extended by the Planning
Commission upon the applicant's request. The Commission shall determine
whether the facilities comply with all statutes, ordinances and regulations
in effect at the time of the request.
The provisions of this chapter shall preempt and supersede any
and all inconsistent provisions of this Title.