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.
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:
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)
