This section provides standards for the location and installation of communication facilities. Communication facilities shall include cellular, personal communication services and networks, paging, dispatching, enhanced specialized and specialized mobile radio, television broadcast, radio broadcast, satellite, and all other wireless communications whether facilities are public or private unless specifically exempted in this section.
In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, aesthetics, and general welfare of the community, the council finds that these regulations are necessary to:
A. 
Facilitate the provision of communication services to the residents and businesses of the city;
B. 
Minimize the adverse visual and aesthetic effects of communication facilities through careful design and siting standards;
C. 
Maximize the use of existing and approved structures to accommodate new communication antennas in order to reduce the number of freestanding facilities needed to serve the community; and
D. 
Encourage the use of freestanding stealth facilities where it is infeasible to use existing facilities.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
Amateur radio communication facility.
A facility for amateur radio communications that includes non-commercial antennas operated by a federally licensed amateur radio operator.
Antenna.
A device used in communications that transmits and/or receives radio or television signals, including dish, panel parabolic, and whip antennas.
Citizen band (CB) radio service.
A two-way voice communication service that does not require a license from the Federal Communications Commission (FCC).
Co-location (also known as collocation).
The locating of wireless communications equipment for multiple users on a single ground-mounted, roof-mounted, or structure-mounted facility.
Ground-mounted.
Mounted to a pole, monopole, lattice tower, or other freestanding structure specifically constructed for the purposes of supporting antennas and/or microwave dishes.
Microwave.
Spectrum frequencies from a gigahertz to 300 gigahertz; highly directional when used for radio frequency transmissions. Uses relatively low transmitter power levels when compared to other forms of transmission.
Monopole.
A structure composed of a single spire used to support antennas and related equipment. Monopole structures may also include stealth designs that mimic light standards, flagpoles and trees.
Radio frequency emissions (RFE).
An emission of wireless communication caused by the movement of electromagnetic energy through space, which lies in the frequency range from three kilohertz to 300 gigahertz. This term is also used interchangeably with electromagnetic fields (EMF).
Stealth facility.
A wireless communications facility that is designed to blend into the surrounding environment and to be visually unobtrusive. Examples of stealth facilities may include: architecturally screened roof-mounted and wall-mounted antennas; façade-mounted antennas painted and treated as architectural elements to blend in with an existing structure; and interior-mounted antennas fully screened by an architectural feature such as a church steeple, bell tower, spire, clock tower, cupola, or freestanding sign. Stealth facilities may also include fully screened antennas mounted on or within monopoles that are designed to mimic common urban features such as trees, light standards, or flagpoles. Also known as concealed wireless communications facilities.
Structure-mounted.
Mounted to, or as part of, a structure (e.g., a building, billboard, church steeple, freestanding sign, water tank, etc.).
Utility mounted.
An antenna attached to a public utility structure.
Wireless communications facility.
A public or private structure that supports antennas, microwave dishes, and other related equipment for sending and/or receiving radio and television signals. These facilities may support a variety of services, including: cellular telephone; personal communication services (PCS) and networks; paging; dispatching enhanced specialized mobile radio; television; radio; and all other wireless communications, except for satellite antennas, amateur (ham) radio communication facilities, and citizen band radio antennas which are incidental to the primary use and meet the standards in subsection 3.16.090 (Satellite antennas, amateur radio communication facilities, and citizen band (CB) radio antennas). Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1119, §§ 1, 2, 9-27-10)
Wireless communication facilities shall be allowed in the various land use districts throughout the city in compliance with article 2 (Zoning Districts and Allowable Land Uses).
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
The following types of noncommercial, receive-only antennas shall be exempt from the requirements of this section:
A. 
Skeletal-type antenna. Common skeletal-type radio and television antenna that are:
1. 
Used to receive UHF, VHF, AM, and FM signals of off-air broadcasts from radio and television stations;
2. 
Ground-mounted or roof-mounted; and
3. 
Not higher than the roof ridgeline.
B. 
In residential zoning districts, satellite dish antennas that are one meter or less in diameter.
C. 
In commercial and industrial zoning districts, satellite dish antennas that are two meters or less in diameter.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
Exempt antennas shall not require city review/approval.
B. 
Two-tier approval process for wireless communications facilities.
1. 
Wireless communications facilities subject to design review. Wireless communications facilities that meet all of the following criteria shall be considered allowed accessory structures/uses subject to design review in compliance with subsection 4.19.060 (Design review).
a. 
Wireless communications facilities not located on a property within a residential zoning district or on a property used for residential purposes, with the exception of stealth facilities located on residentially zoned property containing a nonresidential building and/or architectural feature which would fully screen the antennas.
b. 
Wireless communications facilities incorporating a stealth design in which antenna panels are:
(1) 
Flush-mounted on a structure and painted to match;
(2) 
Incorporated into a design element (e.g., identification monument, screen, architectural treatment, or sign); or
(3) 
Incorporated into the design of a light or utility pole, flag pole, or imitation tree, which fully screens the antennas.
c. 
Wireless communications facilities that comply with the development criteria and performance standards contained in subsection 3.16.070 (Development standards).
2. 
Wireless communications facilities requiring a conditional use permit. Wireless communications facilities (except stealth facilities) that are not exempt or that are not considered allowed accessory structures/uses (e.g., building- or ground-mounted cellular, PCS, or other wireless communications facilities that exceed EIRP levels of 80 dBW) shall be subject to a conditional use permit in compliance with subsection 4.19.070 (Conditional use permits). Reasonable conditions may be imposed to protect the applicant and the public health, safety, and general welfare. Reasonable conditions shall include fencing, screening, warning signs, partial submersion below ground level, and other similar conditions.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1119, §§ 3—5, 9-27-10)
A. 
Wireless communications facilities development standards. Table 3-9 (Wireless Communications Facilities Development Standards) identifies the development standards applicable to wireless communications facilities located in the city.
TABLE 3-9
WIRELESS COMMUNICATIONS FACILITIES DEVELOPMENT STANDARDS
Development Standards
Zoning District
Residential
Commercial
Industrial
Public/Semi-Public
1. Distance from Property Line
5 feet
5 feet
5 feet
5 feet
2. Distance from Other Structures
0 feet
0 feet
0 feet
0 feet
3. Minimum Screening Height (a)
6 feet
6 feet
6 feet
6 feet
4. Allowable Setback Location
Rear or side setback, except street side
Rear or side setback, except street side
Rear or side setback, except street side
Rear or side setback, except street side
5. Maximum Height
15 feet for satellite dish antennas
35 feet for all other antennas
15 feet for satellite dish antennas
Maximum height allowed in zoning district for all other antennas
15 feet for satellite dish antennas
Maximum height allowed in zoning district for all other antennas
15 feet for satellite dish antennas
Maximum height allowed in zoning district for all other antennas
6. Maximum Number of Antennas per Parcel (including exempt antennas)(b)
2
Subject to design review or conditional use permit approval as outlined in Section 3.16.050 (Approval requirements)
Subject to design review or conditional use permit approval as outlined in Section 3.16.050 (Approval requirements)
Subject to design review or conditional use permit approval as outlined in Section 3.16.050 (Approval requirements)
7. Roof-mounted Antennas Allowed
No (d)
Yes, if mounted on flat portion of roof with parapets or other screening that matches architectural features of structure
Yes, if mounted on flat portion of roof with parapets or other screening that matches architectural features of structure
Yes, if mounted on flat portion of roof with parapets or other screening that matches architectural features of structure
8. Wireless Communications Facilities (c)
Prohibited (d)
Design review committee permit required for stealth facilities; conditional use permit required for non-stealth facilities, and minimum setback ratio of 1:1 from a residential zoning district (1 foot setback for each foot of the antenna structure's height as measured from ground level)
Design review committee permit required for stealth facilities; conditional use permit required for non-stealth facilities, and minimum setback ratio of 1:1 from a residential zoning district (1 foot setback for each foot of the antenna structure's height as measured from ground level)
Design review committee permit required for stealth facilities; conditional use permit required for non-stealth facilities, and minimum setback ratio of 1:1 from a residential zoning district (1 foot setback for each foot of the antenna structure's height as measured from ground level)
Notes:
(a)
Ground-mounted antennas shall be screened by walls, fences, or landscaping to the minimum height required so as to obscure visibility of the antenna. Landscaping shall be of a type and variety capable of growing to create appropriate screening within one year.
(b)
Any co-located antennas that meet the criteria of Government Code Sections 65850.6 and 65964 shall be permitted as provided therein.
(c)
Wireless communications facilities that meet criteria specified in section 3.16.050B.1. (Two-tier permit process for wireless communications facilities) shall not be subject to the conditional use permit and residential setback requirement(s).
(d)
Exception: Stealth facilities incorporated onto a permitted non-residential building and/or similar architectural feature located on a residential-ly zoned property, subject to design review committee permit approval.
B. 
Residential zoning districts—Applicable standards. Table 3-9 (Wireless Communications Facilities Development Standards) identifies the development standards applicable to wireless communications facilities and antennas located in the city. In addition, antennas located in residential zoning districts in the city shall conform to the following standards:
1. 
An antenna or its supporting structure shall not be located in the area between the front property line and the dwelling.
2. 
Antennas, other than satellite dish antennas, shall not be higher than 35 feet above grade level. Anten-nas exceeding 35 feet in height may be approved, provided that the:
a. 
Antenna is of the retractable variety;
b. 
Antenna is retractable to below the thirty-five-foot limit; and
c. 
Applicant executes a use agreement with the city, in a form approved by the city attorney, providing that the antenna will only be extended during its actual use.
C. 
Commercial, industrial, and public/semi-public zoning districts—Applicable standards. Table 3-9 (Wireless Communications Facilities Development Standards) identifies the development standards applicable to wireless communications facilities and antennas located in the city. In addition, antennas shall conform to the following standards:
1. 
An antenna or its supporting structure shall not be located in the area between the front property line and the main structure.
2. 
Antennas, other than satellite dish antennas, shall not be higher than the maximum height allowed in the zoning district, measured from grade level.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1109, § 3, 8-24-09; Ord. No. 1119, §§ 6, 7, 9-27-10)
The following regulations shall apply to the establishment, installation, and operation of wireless communications facilities and antennas in all zoning districts:
A. 
Compliance with building and electrical codes. Antennas shall be installed and maintained in compliance with the requirements of the city's building code and electrical code. Antenna installers shall obtain a building permit and an electrical permit before installation.
B. 
Advertising prohibited. Advertising material shall not be allowed on wireless communications facilities or on antenna.
C. 
Undergrounding of electrical wiring. Electrical wiring associated with an antenna shall be buried underground or hidden in a manner acceptable to the director. This section does not apply to antennae and their supporting structures or associated equipment used by a utility for furnishing communication services, consistent with section 27-7(f) of the Cypress City Code.
D. 
Projections and anchoring in setback areas. Antenna array shall not extend beyond the property lines or into a front setback area. Guy wires may be attached to the structure but shall not be anchored within a front setback area.
E. 
Design considerations. The antenna, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Cellular, PCS, and other wireless communications facilities shall be designed to enhance the surrounding physical environment by blending with that environment and by being as unobtrusive as possible.
F. 
Electrical requirements. Every antenna shall be adequately grounded with an adequate ground wire for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the electrical code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line shall be adequately protected with proper arrestors to remove static charges accumulated on the line.
When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors shall be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.
G. 
Terms of lease agreements. Co-location of cellular, PCS, and other wireless communications facilities shall be encouraged. Lease agreements shall not include exclusive rights that would prohibit co-location where it is technically feasible.
H. 
Collocation facilities. A collocation facility shall be subject to the provisions set forth in the California Government Code, Section 65850.6, as is amended from time to time. A collocation facility shall be subject to the city's design and development standards contained herein, to the extent allowed in compliance with the aforementioned California Government Code section.
I. 
Radio frequency emissions (RFE) compliance. All wireless communications facilities shall comply with the federal requirements related to RFE and maximum exposure limits provided in Title 47 of the Code of Federal Regulations, Sections 1.1307, 1.1310, and 2.1093.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1119, §§ 8, 9, 9-27-10)
A. 
Application requirements.
1. 
Antennas not used for transmission or where transmission level below 80 dBW. Before the approval by the city for the installation of an antenna, the applicant shall submit a written statement that the an-tenna will not be used for transmission purposes; or, that the use of the antenna for transmission purposes will not exceed EIRP levels of 80 dBW.
2. 
Site plan. A site plan shall consist of elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, method of screening, and color photo simulations showing the before and after effects of the proposed facility on the subject site. Existing poles, towers, and/or an-tennas shall also be shown.
3. 
Wind velocity test. A wind velocity test shall be required, if deemed necessary by the building official.
4. 
Performance bond. When a conditional use permit is required for a wireless communications facility, a faithful performance bond to ensure the removal of abandoned antenna facilities shall be posted before the issuance of building permits. The bond security shall comply with the provisions set forth in the California Government Code, Section 65964.
5. 
Signal coverage maps. Both before and after project maps shall illustrate the signal gap being addressed by the proposed project, and shall show the locations of alternative sites that were considered to fill the signal gap. A list of the alternative sites and the reason(s) for their removal from consideration shall accompany the maps.
6. 
Radio frequency emissions (RFE) documentation. The applicant shall self-certify through a written statement that the RFE related to a proposed antenna facility shall comply with FCC standards for such emissions. For wireless communications facilities, as well as collocation facilities, located on properties which abut residentially zoned properties, an RFE site compliance report shall also be provided for verification of compliance with FCC standards for RFE.
B. 
Condition attached to conditional use permit reviewed every five years. A conditional use permit for a wireless communications facility shall be reviewed at least every five years by the planning agency. The review shall focus on whether changing technology has rendered the design obsolete. This review is intended to provide an opportunity to modify the permit for aesthetic up-grades periodically and, therefore, shall not be considered the expiration or a limit on the duration of a conditional use permit, in compliance with the provisions set forth in the California Government Code, Section 65964.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1109, § 3, 8-24-09; Ord. No. 1119, §§ 11—13, 9-27-10)
Satellite antennas, amateur (noncommercial) radio communication facilities, and citizen band radio anten-nas, shall be located, constructed, installed and maintained in the following manner:
A. 
Satellite antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) as follows:
1. 
Antennas shall not be located within required front or side yard setback areas. In addition, no portion of an antenna shall extend beyond the property lines.
2. 
The antennas and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, shall be compatible with the appearance and character of the surrounding neighborhood.
3. 
Electrical and antenna wiring shall be placed underground whenever possible.
4. 
In residential zoning districts, antennas shall be subject to the following standards:
a. 
Antennas shall be located only within the rear yard of the site, at least five feet from the rear lot line, and at least 15 feet from any street side property line;
b. 
Dish antennas larger than one meter (39 inches) shall not be placed on or attached to residential structures.
c. 
The diameter of the ground-mounted antenna (dish) shall not exceed 10 feet;
d. 
The height of the antennas shall not exceed 12 feet at the highest point of the antenna;
e. 
Antennas shall not project or overhang into areas in which antennas are not allowed to locate;
f. 
Only one dish antenna with a diameter greater than one meter (39 inches) shall be allowed on a site; and
g. 
The antennas shall be used for private, noncommercial, purposes only.
5. 
In nonresidential zoning districts, antennas may be roof or ground-mounted and shall be screened from view from public streets.
B. 
Single pole/tower amateur radio communication facilities. Single pole/tower amateur radio communication facilities shall be designed, constructed, installed and maintained in the following manner:
1. 
The maximum overall height shall not exceed 35 feet, measured from finished grade. Antennas exceeding 35 feet in height may be approved provided that antenna is of the retractable variety, that the antenna is retractable to below 35 feet, and the applicant executes an agreement stating that the antenna will only be extended during actual use of the antenna.
2. 
Where a parcel has one pole/tower structure greater than 40 feet, measured from finished grade, in overall height (including antennas), only one additional pole/tower structure shall be allowed with an overall height not to exceed 35 feet measured from finished grade (including antennas);
3. 
The pole/tower and/or antennas may be roof or ground-mounted;
4. 
The pole/tower and/or antennas may not be located in any required front or side yard setback areas;
5. 
The pole/tower and/or antennas shall be located at least five feet from the rear lot line and at least 15 feet from any street side property line;
6. 
The pole/tower and/or antennas shall not project or overhang into areas in which they are not allowed to locate;
7. 
The pole/tower and/or antennas shall be a natural metal finish or painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood;
8. 
The pole/tower and/or antennas shall be used for private, noncommercial, purposes only; and
9. 
Operators shall be responsible to operate in compliance with all applicable regulations, specifically those regulations related to radio interference with electronic devices as set forth by the Federal Communications Commission (FCC).
C. 
Citizen band (CB) radio. Citizen band radio antennas shall be designed, constructed, installed and maintained in the following manner except for antennas mounted on vehicles or to hand-held units:
1. 
Standards.
a. 
Citizen band radio antennas shall not exceed 35 feet in overall height measured from finished grade; and
b. 
Citizen band radio antennas shall comply with requirements provided in paragraph B., items 4. through 9., above.
2. 
Prohibition of certain citizen band radios. It shall be a violation of this zoning ordinance to use citizen band radio equipment not authorized by the Federal Communications Commission or the unauthorized operation of citizen band radio equipment on a frequency between 24 MHz and 35 MHz and subject to a penalty in compliance with section 30 (Enforcement).
3. 
Exempt stations. A station that is licensed by the Federal Communications Commission pursuant to section 301 of the Communications Act of 1934 in any radio service for the operation at issue shall not be subject to this division. A citizen's band radio equipment on board a "commercial motor vehicle," as defined in section 31101 of title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of Federal Communications Commission citizens band radio regulations.
4. 
Appeal. A person subject to this section may submit to the Federal Communications Commission an appeal of the decision on the grounds that the city enacted this ordinance outside the Auto-Route provided by section 302a of the Communications Act of 1934. A person shall submit his/her appeal on a city decision to the Federal Communications Commission, if at all, not later than 30 days after the date on which the city's decision becomes final, but prior to seeking judicial review of the decision.
(Ord. No. 1062, § 2(Exh. A), 11-25-04; Ord. No. 1109, § 3, 8-24-09)
A. 
Criteria for granting variances.
1. 
A person may seek a variance from the provisions this section in compliance with section 4.19.080 (Variances). No fee shall be charged to an applicant for a variance that is required solely for the purposes of complying with this zoning ordinance. A variance granted for compliance purposes is revocable for failure by the applicant or property owner to comply with the conditions imposed.
2. 
A variance may be issued for an antenna if it meets the following standards:
a. 
Locating the antenna in conformance with the specifications of this section would obstruct the an-tenna's reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant's control; or
b. 
The cost of meeting the specifications of this section is excessive, given the cost of the proposed antenna.
3. 
The variance application shall include a certification that the proposed installation conforms to the city's building code. Furthermore, the application shall contain written documentation of the conformance, including load distributions within the building's support structure and certified by a registered engineer.
4. 
If the antenna is proposed to be located on the roof, where possible, the antenna shall be located on the rear portion of the roof and be consistent with neighboring improvements, uses, and architectural character.
B. 
Nonconforming antennas. Antennas, in any zoning district, which were lawfully constructed and erected before the effective date of this zoning ordinance and which do not conform to the provisions of this section for the particular zoning district in which they are located, shall be accepted as nonconforming uses and shall be subject to abatement in compliance with the provisions of section 25 (Nonconforming Uses, Structures, and Parcels).
C. 
Relocation of nonconforming antennas. Where the nonconforming use hearing board finds that a non-conforming antenna, either in its present condition or as modified, can be used in compliance with the standards outlined in this section for the zoning district in which it is located, the nonconforming antenna may be granted an extension sufficient to permit it to relocate on the site where the use is allowed and which has substantially equivalent utility for the use. In no event shall the extension be more than two years.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)
A. 
When facility considered abandoned. The operator of a communications facility shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for a consecutive six month period or a total of 12 months over a consecutive 30 month period. A facility is considered abandoned if it no longer provides communication services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than 30 days following the end of the applicable cessation period.
B. 
Removal by owner/operator. A written notice of the determination of abandonment shall be sent or delivered to the operator of the facility by the department. The operator shall have 30 days to remove the facility or provide the department with evidence that the use has not been discontinued. The commission shall review evidence and shall determine whether or not the facility is abandoned. Facilities not removed within the required 30 day period shall be in violation of this section and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalty provisions of this code.
C. 
Removal by city. In the event that a communication facility is not removed within 90 days after the applicable cessation period ends, as described in paragraph A., above, the city may remove the facility and assess the removal costs against the property.
(Ord. No. 1062, § 2(Exh. A), 11-25-04)