The purpose of this chapter is to establish site planning and development standards for wireless communication facilities. It is the city's intent, in establishing these standards, to allow for the development of wireless communication facilities where needed in accordance with the Telecommunications Act of 1996, while maintaining development standards and permitting requirements consistent with state law.
(Ord. No. 1000 § 4, 2022)
A. 
Minor wireless communication facilities shall require minor design review.
B. 
Major wireless communication facilities shall require a conditional use permit.
C. 
Minor or major wireless communication facilities located within the public right-of-way shall also require a construction permit pursuant to chapter 12.03.
D. 
Wireless communication facilities on city property, except for the public right-of-way, are exempt from permit requirements.
E. 
Removal of wireless communication facilities is exempt from permit requirements.
F. 
Replacement of equipment which does not substantially change the tower or shelter is exempt from planning permits, but may be subject to other building permits.
G. 
Notwithstanding any other provision of this chapter, the collocation of a new wireless communication facility on an existing major wireless communication facility that: (1) was approved after January 1, 2007, by discretionary permit; (2) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and (3) otherwise complies with the requirements of Government Code § 65850.6(b) for wireless communication collocation facilities shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable nondiscretionary permit(s), as specified by this title and the city-adopted building code, provided such collocation does not increase the height or change the location of the existing wireless facility or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility.
H. 
The proposed collocation of a new wireless communication facility on an existing minor or major wireless communication facility that meets all of the requirements stated in subsection G may include new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless communication collocation facility.
1. 
The proposed collocation of a new wireless communication facility on an existing major wireless communication facility that meets all of the requirements stated in the above paragraphs may not include the following:
a. 
More additional surface area of antennas than is being utilized by the existing wireless communication collocation facility, provided all antennas are colored and/or disguised to match the existing facility.
b. 
Any additional tower or additional support structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless communication facility. Unless otherwise approved in writing by the planning director, and except as provided in this subsection, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this chapter.
2. 
Except as otherwise provided above, a minor use permit or minor design review shall be required when the proposed collocation facility:
a. 
Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communication facility; or
b. 
Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this section; or
c. 
Collocates on an existing legally permitted wireless communication facility that was approved on or prior to January 1, 2007; or
d. 
Will serve or be operated by more than one wireless services provider, unless an additional provider has properly obtained a written authorization from the planning director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility.
I. 
In the event that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, the permits required by this chapter for those facilities shall be deemed to be ministerial permits. For those facilities, in lieu of a discretionary use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility and all provisions of this chapter shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this chapter or deemed necessary by the director shall be imposed and administered as reasonable time, place and manner rules.
J. 
A collocation or siting application for a wireless telecommunications facility will be deemed approved if the city fails to approve the application in a reasonable time (60 days for modifications and 150 days for all other telecommunications applications), the applicant provided all required public notices, and the applicant provided notice to the city that the reasonable time period lapsed.
K. 
For eligible facilities requests, collocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.
(Ord. No. 1000 § 4, 2022)
Where the city determines that it requires expert assistance in evaluating an application, the city may hire a consultant and the fee charged by the consultant shall be reimbursed to the city, with a deposit paid up front by the applicant regardless of the outcome of the application.
(Ord. No. 1000 § 4, 2022)
A. 
Screening and site selection guidelines. The following screening and site selection guidelines apply to all wireless communication facilities:
1. 
Stealth facilities and concealed antennas are preferred.
2. 
Wireless communication facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the planning director, or as otherwise required herein.
3. 
Ground-mounted wireless communication facilities shall be located only in close proximity to existing aboveground utilities, such as electrical towers or utility poles (which are not scheduled for removal or undergrounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.
4. 
Wireless communication facilities shall be located in the following order of preference:
a. 
Collocated with existing wireless communication facilities.
b. 
On existing structures such as buildings, communication towers, or utility facilities.
c. 
On an existing signal, power, light, or similar kinds of poles.
d. 
In industrial zones.
e. 
In form-based zones.
f. 
In residential zones, subject to additional restrictions set forth herein.
5. 
Major wireless communication facilities are not permitted to locate within 300 feet of any residential structure, within any residential zone, or within 300 feet of any existing, legally established major wireless communication facility except as follows:
a. 
When located on any existing nonresidential building or structure or on any existing utility pole provided such location complies with all of the following:
i. 
The collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable state or federal regulations; and
ii. 
Existing major wireless communication facility to be utilized for collocation shall previously be granted with a conditional use permit or a minor development review approval, including modification of an existing conditional use permit or minor development review; and
iii. 
All accessory equipment and enclosures shall be located underground or screened from public view as approved in writing by the planning director; and
iv. 
Unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation.
b. 
The proposed facility will replace or modify an existing facility for purposes of collocation.
c. 
The proposed facility will be designed and constructed in a manner to allow for future collocation of an additional wireless communication carrier provided the applicant submits written documentation that shows:
i. 
A more preferable location, as determined by reference to subsection (A)(4) cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility, including, but not limited to, coverage requirements imposed by the Federal Communications Commission (FCC) or otherwise by law, or due to other factors beyond the applicant's reasonable control.
d. 
For the purposes of this chapter, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communication facility.
B. 
Development requirements.
1. 
As part of the application process, each wireless communication facility applicant may, at the discretion of the planning director, be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the site selection guidelines (Order of preference). Such documentation shall include at minimum a coverage map (before and as proposed) and analysis of alternative sites.
2. 
Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or legally required signage.
3. 
All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zone in which the accessory equipment is located, subject to city approval. If the equipment is permitted to be located aboveground or will be located within the public right-of-way, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.
4. 
Wireless communication facilities shall be of subdued colors and non-reflective materials which blend with surrounding materials and colors.
5. 
All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building.
6. 
Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communication facility. The applicant shall provide documentation satisfactory to the planning director establishing compliance with this subsection.
7. 
Wireless communications facilities, including on-site generators, shall be designed to comply with the city's noise ordinance, found at section 17.66.050 and all other applicable noise regulations.
C. 
In addition to the development criteria set forth in subsections A and B, the following criteria shall apply to all wireless communication facilities located within the public right-of-way and installed after June 16, 2018:
1. 
Wireless communication facilities may be located on street lights or utility poles, but may not be placed on historic or decorative street lights, traffic signal poles, or intersection safety lights.
2. 
The applicant shall submit engineering calculations, sealed by a registered professional engineer licensed in California, to ensure that the existing street light or utility pole and its footing are adequate to support the new loads. If the existing infrastructure is not adequate to support the new loads, the applicant may propose to replace the existing infrastructure with adequate, city-approved, new infrastructure at the applicant's expense.
3. 
All cabling and wiring must be contained in conduit, affixed directly to the face of the pole, for as long as it is technically feasible. Exposed slack or extra cable is prohibited.
4. 
Electrical meters are prohibited. The applicant is responsible for the cost of all electrical usage associated with the wireless communication facility.
5. 
If installation of the wireless communication facility is within an area governed by the Rancho Cucamonga Fiber Master Plan, the city engineer may forward the engineering plans to the Rancho Cucamonga Municipal Utility for review and a requirement that the applicant coordinate with the Rancho Cucamonga Municipal Utility may be added to the construction permit to facilitate joint trenching opportunities.
6. 
Installation and operation of the wireless communications facility shall not damage or interfere in any way with city property or facilities or existing, third-party installations.
D. 
In addition to the development criteria set forth in subsections A, B, and C, the following height restrictions shall apply to all wireless facilities located within form-based zoning districts.
TABLE 17.106.040-1 HEIGHT STANDARDS IN FORM-BASED ZONING DISTRICTS
 
NE2
NG3
CE1
ME1
ME2
CO1
CO2
CE2
Max. Height
30 ft.
30 ft.
45 ft.
52 ft.
42 ft.
42 ft.
51 ft.
51 ft.
(Ord. No. 1000 § 4, 2022; Ord. No. 1017 § 11, 2023)
No wireless communication facility shall interfere with any public safety radio communications system, including, but not limited to, the 800 MHz trunking system. Wireless communication facilities shall comply with all FCC rules and regulations regarding the avoidance, mitigation, and abatement of any such interference.
(Ord. No. 1000 § 4, 2022)
A. 
Upon the expiration date of the minor design review, conditional use permit, and/or construction permit, including any extensions, earlier termination or revocation of the permit, the operator shall remove its wireless communications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The wireless communications facility shall be removed from the property within 30 days, at no cost or expense to the city. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.
B. 
Failure of the operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit of the facility, shall be a violation of this code, and be grounds for:
1. 
Prosecution;
2. 
Calling of any bond or other assurance required by conditions of approval;
3. 
Removal of the facilities by the city in accordance with established procedures for abatement of a public nuisance at the owner's expense; and/or
4. 
Any other lawful remedies.
C. 
In the event the Director of Engineering Services determines that the condition or placement of a wireless communications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the Director of Engineering Services may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property.
D. 
In the event the city removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from any performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility. The operator shall have no claim if the city destroys any such facility not timely removed by the operator after notice or removed by the city due to exigent circumstances.
(Ord. No. 1000 § 4, 2022)
A. 
A wireless communication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communication services for 180 or more days, unless the wireless communication facility is otherwise permitted to remain in the public right-of-way by agreement with the city. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city.
B. 
A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communication facility at said operator's business address on file with the city. The operator shall remove all facilities within 30 days of the date of such notice unless, within ten business days of the date of said notice, the operator appeals such determination, in writing, to the planning commission. The planning director shall schedule a hearing on the matter to be conducted before the planning commission at which time the operator may present any relevant evidence on the issue of abandonment. The planning commission may affirm, reverse, or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the planning commission shall be final.
C. 
Any wireless communication facility determined to be abandoned and not removed within the 30-day period from the date of notice, or where an appeal has been timely filed, within such time as prescribed by the planning commission following its final determination of abandonment, shall be in violation of this chapter, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law.
(Ord. No. 1000 § 4, 2022)
A temporary wireless communication facility may be deployed subject to approval by the planning director and the following:
A. 
A permanent wireless communication facility has been approved for the property in question.
B. 
The temporary facility was approved as part of the conditional use permit or minor development review.
C. 
The facility is deployed for no more than six months, provided that two extensions may be granted by the planning director; however, the total period shall not exceed one year.
(Ord. No. 1000 § 4, 2022)
No approval granted under this chapter for locating facilities on city-owned property, including city-owned utility poles, shall be effective until the applicant and the city have executed a written agreement establishing the particular terms and provisions under which the right to occupy city-owned property shall be used or maintained. The terms of any such agreement shall be supplemental to the requirements of this chapter.
(Ord. No. 1000 § 4, 2022)