The purpose of this chapter is to establish comprehensive requirements
and standards for the development, siting, installation, and operation
of wireless communications antennas and related facilities. These
regulations are intended to protect and promote public safety, community
welfare, and the aesthetic quality of the City consistent with the
goals, objectives, and policies of the General Plan while providing
for managed development of wireless telecommunications infrastructure
in accordance with the Federal Telecommunications Act of 1996 and
related requirements in State law. The specific objectives of this
chapter are to:
A. Foster
an aesthetically pleasing urban environment, prevent visual blight,
protect and preserve public safety and general welfare, and maintain
the character of residential and nonresidential areas consistent with
the adopted General Plan and other City-adopted plans and in compliance
with applicable State and Federal legislation;
B. Minimize
the number of antenna structures in the City by promoting co-location
and encouraging microcell facilities as a less intrusive alternative;
C. Preserve
the residential character of the City’s neighborhoods by discouraging
the location of wireless telecommunications antennas and related facilities
in residential districts, unless approval is necessary to comply with
applicable Federal and/or State law, because wireless communications
facilities are a commercial use that is separate from and rarely accessory
to the uses that are permitted in residential districts;
D. Establish
a process for obtaining necessary wireless communications facilities
permits that provides greater certainty to both applicants and the
public and improves the ability of telecommunications providers to
provide services quickly, effectively, and efficiently while ensuring
compliance with all applicable requirements;
E. Support
the use of wireless services to enhance personal and public health
and safety and the general welfare of persons living, working, and
visiting in the City; and
F. Require
wireless communications providers to use the best available design
and technology to eliminate all adverse visual impacts of the towers
and antennas and provide opportunities for further reduction in potential
aesthetic and environmental impacts as changes in technology occur.
(Ord. 1432 § 2, 2010; Ord. 1457 §2, 2012)
The regulations in this chapter apply to all antennas and wireless
communications facilities with the following exceptions:
A. Direct
broadcast, multipoint distribution services, and television broadcast
antennas that are one meter or less in diameter or diagonal measurement
are allowed if not located in the area between the front of a building
and the front property line, in a required side yard or required rear
yard, in any street side yard, or in any parking or loading area;
B. Satellite
earth station antennas located in a residential zoning district that
are one meter or less in diameter or in diagonal measurement are allowed
if they meet the following requirements:
1. Maximum of 10 feet in height if sited in the area between the front
of a primary building and the front property, in any street side yard,
or in any required side or rear yard;
2. Not located in any parking or loading area; and
3. No more than one antenna on the lot shall exceed 30 feet in height.
C. Satellite
earth station antennas located in a non-residential zoning district
that are two meters or less in diameter or in diagonal measurement
are allowed if they meet the following requirements:
1. Do not exceed the maximum height permitted in the district if sited
between the front of a primary building and the front property line,
in any street side yard, in any required side yard or rear yard;
2. Not located or in any parking or loading area; and
3. Do not require removal of landscaping maintained as a condition of
project approval unless a modification is approved.
D. Amateur
radio antennas or structures that are owned and operated by a federally-licensed
amateur radio station operator who resides on the same property, are
allowed if they meet the following requirements:
1. Not located in the area between the front of a building and the front
property line, in a required side yard or required rear yard, in any
street side yard, or in any parking or loading area;
2. Do not exceed 40 feet in height when fully extended unless a Minor
Use Permit was approved to allow a greater height; and
3. No more than one antenna on the same lot shall exceed 30 feet in
height.
E. Any tower or antenna that was lawfully constructed prior to the effective date of the ordinance codified in this chapter shall not be required to meet the requirements of this chapter unless there has been a cessation of operations pursuant to Section
20.370.007 ("Cessation of Operation"). These towers and antennas shall be referred to in this chapter as “preexisting” towers or antennas and are allowed to continue as they presently exist, but will be considered lawful nonconforming legal uses pursuant to Chapter
20.320 ("Nonconforming Uses, Structures, and Lots"). Maintenance and repairs to existing towers and antennas are permitted if they do not enlarge or extend the tower structure or equipment enclosures or change the number, type, dimensions, power rating, or frequency range of the antenna or antennas. New facilities and all other alterations, modifications, and additions shall comply with the requirements of this chapter.
F. Antennas
and equipment cabinets or rooms that are completely located inside
of existing structures and whose purpose is to enhance communications
within the structures. The structure or building that encloses the
antennas or equipment cabinets shall comply with all applicable requirements
of this chapter.
G. Any
antenna or wireless communications facility that has been established
pursuant to a permit issued by the California Public Utilities Commission
(PUC) or the Federal Communications Commission (FCC) when such permit
or the FCC rules and regulations specifically provide that the antenna
or wireless communication facility is exempt from local regulation.
H. Any
antenna or wireless communications facility used solely for public
safety purposes, installed and operated by authorized public safety
agencies (e.g., County 911 emergency services, police or fire departments,
first responder medical services, hospitals, etc.) and that complies
with the definition of a stealth facility.
(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012); Ord. 1656, 6/12/2024
A. State or Federal Requirements. All towers and antennas are
required to meet or exceed current standards and regulations of the
Federal Communications Commission (FCC), the Federal Aviation Administration
(FAA), and any other agency of the State or Federal government with
the authority to regulate towers and antennas. If such standards and
regulations are changed, then the owners of the towers and antennas
governed by this chapter shall bring such towers and antennas into
compliance with such revised standards and regulations within six
months of the effective date of such standards and regulations, unless
a different compliance schedule is mandated by the controlling State
or Federal agency. Failure to bring towers and antennas into compliance
with such revised standards and regulations shall constitute grounds
for the removal of the tower or antenna at the owner’s expense.
B. Building Codes and Safety Standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable State
or local building codes and the applicable standards for towers that
are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the City concludes that a
tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner’s expense.
C. Principal or Accessory Use. Antennas and towers may be considered
either principal or accessory uses. A different existing use or an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot. For purposes of determining whether
the installation of a tower or antenna complies with zoning district
development regulations, including, but not limited to, setback requirements,
lot-coverage requirements, and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lots.
D. Design and Location Preferences. The preferred approaches
for design and siting of new antennas and new and existing antenna
support structures are ranked as indicated in the following lists.
When a lower ranked alternative is proposed, the application must
include technical information demonstrating that a higher ranked option
is not technically feasible in light of the provider’s service
objectives.
1. Design Preferences.
a. Building-or structure-mounted antennas that are not readily visible
or are completely concealed from view because of integration into
design of nonresidential buildings or structures erected and approved
for use other than as wireless telecommunications support.
b. Building-or structure-mounted antennas set back from roof edge and
not visible from the public right-of-way or from surrounding properties.
c. On existing communication towers, existing signal, light or similar
kinds of permanent poles not supplying electric, telephone or similar
service and not in the public right-of-way, or utility facilities
not subject to the City’s franchise agreements.
d. Nonbuilding- or structure-mounted alternative tower structures.
2. Location Preferences.
a. In a non-residential district and co-located with existing wireless
telecommunication facilities that conform to the requirements of this
chapter.
b. In a non-residential district and located more than 600 feet from
a residential district.
c. On non-residential structures in residential and mixed-use districts
and located more than 600 feet from a residential structure.
d. In any non-residential district and located less than 600 feet from
a residential district.
E. Co-Located Facilities. A wireless communications facility
proposed to be co-located on a facility that was subject to a discretionary
permit issued on or after January 1, 2007 is not subject to discretionary
review if an environmental impact report was certified, or a negative
declaration or mitigated negative declaration was adopted for the
wireless communications co-location facility in compliance with the
California Environmental Quality Act and the co-location facility
incorporates required mitigation measures specified in that environmental
impact report, negative declaration, or mitigated negative declaration.
In addition to the foregoing, any application relating to a wireless
communications facility will be processed in a manner consistent with
Section 6409 of the Middle Class Tax Relief and Job Creation Act of
2012, and any other applicable Federal and State laws.
(Ord. 1432 § 2, 2010; Ord. 1445 § 2, 2011; Ord. 1457 § 2, 2012; Ord. 1585 § 2, 2019; Ord. 1656, 6/12/2024)
In addition to meeting the standard application requirements in Chapter
20.450 (“Common Procedures”), applications for wireless communications facilities shall include the following information:
A. Map and Inventory of Existing Sites. Each applicant for an
antenna or tower shall provide to the Planning Division an inventory
of the service provider’s existing and planned facilities that
are either within the jurisdiction of the City or within one-quarter
mile of the City’s border, including a map showing the location
of the provider’s existing facilities that serve customers in
South San Francisco and the specific site that is the subject of the
application. The inventory shall include specific information about
the location, height, power rating, frequency range, and design of
each facility or tower structure. The Planning Division may share
such information with other applicants applying for administrative
approvals or Use Permits under this chapter or other organizations
seeking to locate antennas within the jurisdiction of the City; provided,
however, that the planning division is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
B. Compliance Verification.
1. Copies of, or a sworn statement by an authorized representative that
applicant holds, all applicable licenses or other approvals required
by the Federal Communications Commission (FCC), the California Public
Utilities Commission (PUC), and any other agency of the Federal or
State government with authority to regulate telecommunications facilities
that are required in order for the applicant to construct the proposed
facility.
2. Documentation of, or a sworn statement by an authorized representative
that applicant is in, compliance with all conditions imposed in conjunction
with such licenses or approvals, a description of the number, type,
power rating, frequency range, and dimensions of antennas, equipment
cabinets, and related wireless communications facilities proposed
to be installed, and engineering calculations demonstrating that the
proposed facility will comply with all applicable FCC requirements
and standards.
C. Description of Proposed Facility.
1. A site plan, plans, and elevations drawn to scale that identifies
all antennas by type (e.g. microcell; ground-, building-, or roof-mounted,
etc.) and all related equipment. Elevations shall include all structures
on which facilities are proposed to be located.
2. A description of the proposed approach for screening or camouflaging
all facilities from public view including plans for installation and
maintenance of landscaping, sample exterior materials and colors,
and an explanation of the measures by which the proposed facility
will be camouflaged or rendered not readily visible. If any part of
the proposed facility would be readily visible, the application shall
include an explanation as to why it cannot be rendered not readily
visible. Any representation that the use of state of the art design
techniques and technology is not feasible shall be supported by technical
and financial analysis.
3. When an applicant proposes a lower ranked design approach and location according to the preferences in Section
20.370.003(D) (“Design and Location Preferences”), the application must include technical and financial information demonstrating that a higher ranked option is not technically and/or financially feasible in light of the provider’s service objectives. An applicant may not bypass a higher ranked location preference by stating the site proposed is the only site available for lease or selected. If requests by the applicant to utilize alternate sites have been denied, said denials shall be provided in writing and included in the application materials.
4. If any part of the facility will be readily visible from the public
right-of-way or from other properties, a visual impact analysis of
the proposed facility including scaled and dimensioned elevation diagrams
within the context of the building or buildings on and adjacent to
the site of the facility, before and after photo simulations, and
a map depicting where the photos were taken. The Chief Planner may
require the submission of photo overlays, scaled models, renderings,
or mockups to document the effectiveness of techniques proposed to
minimize visibility of the facility.
5. If a ground-mounted or freestanding tower is proposed, the application
must include an explanation as to why co-location or other facility
types are not a feasible means of meeting the provider’s service
objectives.
D. Peer Review. The application shall include sufficient information for an approved radio frequency engineer or licensed electrical engineer specializing in electromagnetic fields (EMF) or radiofrequency radiation (RFR) studies (hereinafter, “an approved engineer”) retained by the City to peer review the information provided in response to subsections
B and
C above.
1. The application shall also include an agreement to pay the reasonable
actual cost and a reasonable administrative fee for hiring an approved
engineer to provide peer review.
2. Any proprietary information disclosed to the City or its engineer
in confidence is not intended to be included in the public record
and shall remain confidential and not be disclosed to any third party
without the express consent of the applicant unless such disclosure
is required by law. The City and/or its engineer shall return all
proprietary information to the applicant and not retain any copies
of such information once its decision is final. Notwithstanding this
provision, information provided to the City may be subject to public
disclosure under State law.
E. Financial Assurances. Prior to obtaining a building permit
to erect or install the proposed facility, the applicant shall either
secure a bond or provide financial assurances, in a form acceptable
to the City Manager, for the removal of the facility in the event
that its use is abandoned or the approval is otherwise terminated.
F. Other Information. Any other information the Chief Planner deems necessary to process the application in compliance with the requirements of this chapter. This may include, but is not limited to, information concerning noise that might be generated by equipment associated with a wireless telecommunication facility, such as emergency generators or air conditioning equipment, if the physical circumstances of the proposed facility suggest that such noise may be detrimental or that the proposed equipment specification suggests that the requirements of Chapter
8.32 (“Noise Regulations”) of the South San Francisco Municipal Code would not be achieved.
(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)
The following requirements apply to all wireless communications facilities that are not exempt from regulation under this chapter unless the decision-making authority approves a waiver or modification as provided for in Chapter
20.510 (“Waivers and Modifications”).
A. Location of Facilities.
1. No new facility shall be sited on or above a ridgeline or on any
other location that is readily visible from a public park.
2. No new freestanding antenna structure, including towers, lattice
towers, and monopoles, shall be located within 1,000 feet of another
freestanding facility unless mounting on a building or co-location
on an existing pole or tower is not feasible and techniques have been
used to camouflage, screen, or otherwise minimize the visual impact
of the facility to the extent feasible.
3. Ground-mounted antennas that are located on undeveloped sites shall
be converted to building- or structure-mounted antennas with the development
of the site when technically feasible.
B. Height of Facilities. The height limitations for each zoning
district applicable to buildings and structures shall apply to all
towers and antennas that are not exempt from regulation except as
provided in this chapter. The height of a telecommunications tower
shall be measured from the ground elevation at the base of the support
structure to the highest point of the structure including all antennas
and appurtenances. The height of building-mounted antennas shall include
the height of that portion of the building on which the antenna is
mounted. In the case of “crank-up” or similar towers whose
height is adjustable, the height of the tower shall be the maximum
height to which it is capable of being raised.
1. Roof-mounted antennas affixed to an existing or proposed tower or
pole may extend or project up to 10 feet above the height limit of
the district.
2. Roof-mounted or façade-mounted antennas proposed on an existing
building, tower, or pole that is legal nonconforming in terms of height
shall not extend or project more than 15 feet above the existing height
of the building or structure.
3. Antenna equipment shelter facilities shall be no taller than one
story or 15 feet in height and shall be treated to look like a building
or facility typically found in the area.
C. Setbacks and Separation. The following setback and separation
requirements shall apply to all towers and antennas that are not exempt
from regulation under this chapter. For the purposes of this section,
all distances shall be measured in a straight line without regard
to intervening structures, from the nearest point of the proposed
major wireless telecommunication facility to the nearest point of
another major wireless telecommunication facility. For purposes of
measurement, tower setbacks and separation distances shall be calculated
and applied to facilities located in the City irrespective of municipal
and County jurisdictional boundaries.
1. Towers must be set back a distance equal to three times the height
of the tower from any off-site residential structure.
2. Towers, guys and accessory facilities must satisfy the minimum zoning
district setback requirements.
3. In other than non-residential districts, a tower more than 65 feet
in height shall not be located within one-quarter of a mile from any
other tower that is more than 65 feet in height.
4. Roof-mounted antennas, exclusive of satellite dish antennas, shall
maintain a 1:1 ratio for equipment setback (example: 10-foot high
antenna requires 10-foot setback from façade) unless an alternative
placement or design would reduce visual impact; antennas shall be
treated or screened to match existing air conditioning units, stairs,
elevator towers or other background; and placing roof-mounted antennas
in direct line with significant view corridors shall be avoided.
D. Aesthetics. Antenna and tower facilities shall be located,
designed and screened to blend with the existing natural or built
surroundings and existing supporting structures.
1. Painted to Match Support Structures. An antenna that is affixed to an existing structure that is not
considered a component of the attached antenna shall be painted and/or
textured to match the existing support structure.
2. Non-Reflective Materials. Antenna and
tower support facilities (i.e., vaults, equipment rooms, utilities
and equipment enclosures) shall be constructed out of non-reflective
materials (visible exterior surfaces only) and shall be screened from
view by using landscaping, or materials and colors consistent with
surrounding backdrop, or placed underground to the extent possible.
3. Equipment Shelter Facilities—Minimize Visual
Impacts. Antenna equipment shelter facilities in areas
of high visibility shall, where possible, be designed to minimize
their profile (i.e., placed underground, depressed, or located behind
earth berms).
4. Painting of Facilities. All buildings,
poles, towers, antenna supports, antenna and other components of each
antenna and tower facility site shall be initially painted and thereafter
repainted as necessary so that paint gloss value does not exceed the
existing structure. The color selected shall be one that in the determination
of the Chief Planner or Planning Commission, as appropriate, will
minimize their visibility to the greatest extent feasible. To this
end, improvements which will be primarily viewed against soils, trees
or grasslands shall be painted colors matching these landscapes while
elements which rise above the horizon shall be painted a blue gray
that matches the typical sky color at that location.
5. Architecturally Significant Structures. Antennas mounted on architecturally significant structures or significant
architectural details of the building shall be covered by appropriate
casings, which are designed and fabricated to match existing architectural
features on the building.
6. Special Design Requirements. The decision-making
authority may require special design features for the antenna facilities
in order to ensure that the facility is not visually incompatible
with nearby structures that are historically significant or contribute
to the architectural character of the surrounding area and does not
interfere with views or other community-defining features.
7. Lighting. Poles, towers and antenna
supports shall not be artificially lighted, unless required by the
FAA or other applicable authority. If lighting is required, the decision-making
authority may review the available lighting alternatives and approve
the design that would cause the least disturbance to the surrounding
views.
8. Scale/Architectural Integration. Building
mounted antennas and any ancillary equipment should be in scale and
architecturally integrated with the building design in such a manner
as to be visually unobtrusive.
9. Security Fencing. Towers shall be enclosed
by security fencing not less than six feet in height and shall also
be equipped with an appropriate anti-climbing device; provided, however,
that the decision-making authority may waive such requirements, based
on a determination that the location, design, or other specific attributes
of the installation are sufficient to protect public health and safety.
Unless mandated by Federal or State regulations, the use of barbed
wire, razor wire, electrified fence, or any other type of hazardous
fence as a security precaution is not allowed.
10. Landscaping. Towers and equipment facilities
shall be landscaped with a buffer of plant materials that effectively
screens views of the towers and equipment facilities from adjacent
residential property or from any public right-of-way, path or trail.
a. The standard buffer shall consist of a continuous landscaped strip
that is a minimum depth of four feet outside the perimeter of the
compound.
b. Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible. In some cases, such as
towers sited on large, wooded lots, natural growth around the property
perimeter may be a sufficient buffer.
c. All landscaping shall be installed with an irrigation system equipped
with an automatic timer.
d. Street trees and other landscaping may be required for telecommunications
facilities proposed on parcels lacking street frontage landscaping.
e. Landscaping must include re-vegetation of any cut or fill slopes.
f. Guy wires or support structures shall not be allowed; monopoles shall
be self-supporting structures.
E. Operation and Maintenance Standards. All wireless communications
facilities shall at all times comply with the following operation
and maintenance standards. Failure to comply shall be considered a
violation of conditions of approval subject to enforcement pursuant
to provisions of this chapter.
1. Each owner or operator of a facility shall install signage listing
the name and phone number of a party to contact in event of an emergency.
The design, materials, colors, and location of signs shall be subject
to design review. Contact information shall be kept current.
2. Wireless telecommunications facilities and related equipment, including
lighting, fences, shields, cabinets, and poles, shall be maintained
in good repair, free from trash, debris, litter and graffiti and other
forms of vandalism, and any damage from any cause shall be repaired
as soon as reasonably possible so as to minimize occurrences of dangerous
conditions or visual blight. Graffiti shall be removed from any facility
or equipment as soon as practicable, and in no instance more than
48 hours from the time of notification by the City.
3. The owner or operator of a facility shall be responsible for maintaining
landscaping in accordance with the approved landscape plan and for
replacing any damaged or dead trees, foliage, or other landscaping
elements shown on the approved plan. Amendments or modifications to
the landscape plan shall be submitted to the Chief Planner for approval.
4. Each facility shall be operated in a manner that will minimize noise
impacts to surrounding residents and persons using nearby parks, trails,
and similar recreation areas.
a. Except for emergency repairs, testing and maintenance activities
that will be audible beyond the property line shall only occur between
the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday, excluding
holidays.
b. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in Chapter
8.32 (“Noise Regulations”) of the South San Francisco Municipal Code.
c. Backup generators shall only be operated during periods of power
outages or for testing. At no time shall equipment noise from any
source exceed the standards specified in the South San Francisco Noise
Ordinance.
5. Vehicle and personnel access to sites for maintenance and repairs
shall not be from residential streets or adjacent residential properties
to the maximum extent possible.
6. To protect emergency response personnel, each facility shall have
an on-site emergency “kill switch” to de-energize all
radio frequency circuits and components on the site. For co-location
facilities, a single “kill switch” shall be installed
that will de-energize all carriers at the facility in the event of
an emergency.
(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)
A. The
following wireless communications facilities are permitted by right.
All other facilities that are not exempt from regulation require approval
of a Minor Use Permit or a Use Permit pursuant to this section:
1. Any wireless communications facility that complies with Section 20.370.003(D)(1)(a) and (D)(2)(a) of the design and location preferences and all the standards in Section
20.370.005 (“Location, Design, and Operation Requirements”) or is located completely within a building in any non-residential or civic district;
2. Any wireless communications facility on property owned or leased by the City and that complies with all of the standards in Section
20.370.005 ("Location, Design, and Operation Requirements");
3. Any facility that is co-located on a facility that was subject to
a discretionary permit issued on or after January 1, 2007 and an environmental
impact report was certified, or a negative declaration or mitigated
negative declaration was adopted for the wireless telecommunications
co-location facility in compliance with the California Environmental
Quality Act and the co-location facility incorporates required mitigation
measures specified in that environmental impact report, negative declaration,
or mitigated negative declaration. In addition to the foregoing, any
application relating to a wireless communications facility will be
processed in a manner consistent with Section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012, and any other applicable
Federal and State laws.
B. The
Chief Planner may approve a Minor Use Permit for:
1. Any wireless communications facility that complies with Section 20.370.003(D)(1)(b) or (c) and 20.370.003(D)(2)(b) of the design and location preferences and all of the standards in Section
20.370.005 (“Location, Design, and Operation Requirements”);
2. Microcell facilities on non-residential properties in any zoning
district;
3. Distributed antenna systems in non-residential zoning districts;
and
4. Modifications to existing sites in non-residential zoning districts
that are not consistent with Section 6409 of the Middle Class Tax
Relief and Job Creation Act of 2012, and any other applicable Federal
and State laws.
C. The
Planning Commission may approve a Use Permit for:
1. Any wireless communications facility that complies with Section 20.370.003(D)(1)(d) and 20.370.003(D)(2)(c) or (d) of the design and location preferences and all of the standards in Section
20.370.005 (“Location, Design, and Operation Requirements”);
2. Any wireless telecommunications facility that is not a permitted
use and exceeds the thresholds for a Minor Use Permit.
D. Findings Required. In addition to any other findings that
this chapter requires, in order to approve any Minor Use Permit or
Use Permit for a facility subject to regulation by this chapter, the
Chief Planner or the Planning Commission, must find, based on substantial
information in the record including, where required, technical analysis
by an approved radio frequency engineer, calculations by a State-licensed
structural engineer, or other evidence, that:
1. The proposed project is consistent with the general requirements
of this chapter and any specific requirements applicable to the proposed
facility;
2. The proposed antenna or related facility, operating alone and in
conjunction with other telecommunications facilities, will comply
with all applicable State and Federal standards and requirements;
and either:
a. Will not be readily visible, or
b. Will be readily visible, but it is not feasible to incorporate additional
measures that would make the facility not readily visible;
3. The facility, if it is not a microcell or co-located, is necessary
to prevent or fill a significant gap in coverage or capacity shortfall
in the applicant’s service area, and is the least intrusive
feasible means of doing so;
4. If the proposed facility is a satellite dish or parabolic antenna
exceeding 39 inches in diameter, that a smaller or different antenna
cannot feasibly accomplish the provider’s technical objectives
and that the facility will not be readily visible;
5. If a new tower is proposed or the applicant proposes to extend the
height of an existing tower, that no existing tower or structure can
accommodate the applicant’s proposed antenna;
6. If a waiver or modification of height, separation, setback, landscaping or other requirements of Chapter
20.510 (“Waivers and Modifications”), that the proposed modification is consistent with the purposes of this chapter and will be the least intrusive feasible means of meeting the service provider’s objectives;
7. If the proposed facility will be located in any residential district,
that such location is necessary for the provision or personal wireless
services to South San Francisco residents and businesses, or their
owners, customers, guests, or invitees, or other persons traveling
in or about the City based on substantial evidence that locating the
facility outside of a residential district is infeasible and without
the proposed facility, the operator will be unable to provide personal
wireless services to its customers in the proposed coverage area;
8. The City Council may waive or modify requirements of this chapter
upon advice of the City Attorney that denial of the application would
have the effect of prohibiting the provision of telecommunications
services, unreasonably discriminating among service providers, or
constituting any other violation of State or Federal law. The applicant
shall have the burden of proving that the denial would result in such
a violation.
E. Factors to Be Considered in Granting Use Permits. The Chief
Planner or Planning Commission shall consider the following factors,
as appropriate, in determining whether to issue a Use Permit:
1. Height of the proposed tower;
2. Proximity of the tower to residential structures, residential district
boundaries or historic structures;
3. Nature of uses on adjacent and nearby properties;
5. Surrounding tree coverage and foliage;
6. Design of the tower and antenna, with particular reference to design
characteristics that have the effect of eliminating visual obtrusiveness;
7. Proposed ingress and egress; and
8. Availability of suitable existing towers and other structures.
(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)
A. The
service provider shall notify the Chief Planner of the intent to vacate
a site at least 30 days prior to the vacation. The permit for any
antenna or tower that is not operated for a continuous period of 12
months shall be deemed lapsed and the site will be considered abandoned
unless:
1. The Chief Planner has determined that the same operator resumed operation
within six months of the notice; or
2. The City has received an application to transfer the permit to another
service provider.
B. No later than 90 days from the date the use is discontinued or the provider has notified the Chief Planner of the intent to vacate the site, the owner of the abandoned antenna or tower or the owner of the property on which the facilities are sited shall remove all equipment and improvements associated with the use and shall restore the site to its original condition as shown on the plans submitted with the original approved application or as required by the Chief Planner. The provider or owner may use any bond or other assurances provided by the operator pursuant to the requirements of Section
20.370.004(E) (“Financial Assurances”) to do so. The owner or agent shall provide written verification of the removal of the wireless communications facility within 30 days of the date the removal is completed.
C. If the antenna or tower is not removed within 30 days after the permit has lapsed under subsection
A above, the site shall be deemed to be a nuisance pursuant to Section
20.580.003 (“Nuisance Defined”) and Chief Planner may cause the antenna or tower to be removed at the owners’ expense or by calling any bond or other financial assurance to pay for removal. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The requirement for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for wireless communication facilities.
(Ord. 1432 §2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)
Unless otherwise specifically provided, the terms used in this
chapter shall have the following meanings:
Alternative Tower Structure.
Artificial trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Antenna.
Any system of poles, panels, rods, reflecting discs, wires
or similar devices used for the transmission or reception of electromagnetic
signals, including, but not limited to, radio waves and microwaves.
An antenna does not include the support structure the antenna(s) is
mounted upon.
1.
Antenna, Amateur Radio. A ground-,
building-, or tower-mounted antenna operated by a Federally licensed
amateur radio operator as part of the Amateur Radio Service and as
designated by the Federal Communications Commission (FCC).
2.
Antenna, Building- or Structure-Mounted. An antenna mounted to a building, rooftop equipment screen,
or structure that transmits or receives electromagnetic signals.
3.
Antenna, Direct Broadcast Satellite Service (DBS). An antenna, usually a small home receiving dish, designed
to receive direct broadcast from a satellite.
4.
Antenna, Ground-Mounted. Any antenna
which is not mounted on a pole, a structure, or the roof or wall of
a building.
5.
Antenna, Multipoint Distribution Services (MDS). An antenna designed to receive video programming services
via multipoint distribution services, including multipoint, multichannel
distribution services, instructional television fixed services, and
local multipoint distribution services.
6.
Antenna, Reception Window. The
area within the direct line between a satellite antenna and orbiting
communications satellites transmitting signals.
7.
Antenna, Roof-Mounted. An antenna directly attached or affixed
to the roof of an existing structure which transmits or receives electromagnetic
signals.
8.
Antenna, Satellite. Any antenna used to receive and/or transmit
radio or television signals from orbiting communications satellites.
9.
Antenna, Satellite Earth Station. An antenna designed to receive and/or transmit
radio frequency signals directly to and/or from a satellite.
10.
Antenna, Television Broadcast Service (TVBS). An antenna designed to receive only television broadcast
signals.
Antenna Structure.
An antenna array and its associated support structure, such
as a mast or tower (not including a suspended simple wire antenna),
that is used for the purpose of transmitting and/or receiving electromagnetic
signals, including, but not limited to, radio waves and microwaves.
1.
Antenna Structure, Freestanding. An antenna structure or mast that is not attached to any part of
a building, fence, or other such structure. Freestanding antenna structures
include communications towers, wooden utility poles, and concrete
and steel monopoles. If the total height of the structure, including
the antenna, is at least 17 feet high, it shall be treated as a monopole.
2.
Antenna Structure, Monopole. An
antenna structure, often tubular in shape, usually made of metal,
reinforced concrete, or wood which is at least 17 feet in height.
A monopole may also be an alternative antenna structure that is designed
to replicate a tree or other natural feature.
Applicant/Project Sponsor.
The owner(s) of property or leaseholder or representative
(and, where applicable, easements) upon which antennas or wireless
communications facilities are proposed to be located.
Co-Location.
The location of two or more wireless communications facilities
owned or used by more than one public or private entity on a single
support structure or otherwise sharing a common location. Co-location
shall also include the location of wireless communications facilities
with other facilities such as buildings, water tanks, light standards,
and other utility facilities and structures.
Distributed Antenna System.
A system of small antennas installed on existing infrastructure
such as telephone poles and streetlights throughout an area, which
are interconnected by fiber optic cable to a central hub location,
and are generally designed to support multiple wireless carriers.
Feasible.
Feasible means in light of technical feasibility, radio signal
transmitting and receiving requirements, aesthetics, electromagnetic
fields, costs, landowner permission, facility owner permission, and
all necessary approvals under this chapter and the California Building
Code, as well as the common meaning of the term.
Microcell Facility.
A wireless communication facility serving a single carrier
and consisting of an antenna no larger than four feet in height or,
if tubular, no more than six feet long and four inches in diameter
comprised of a networked set of antennas that are connected with each
other and to a wireless service source, such that one or more high-power
antennas that serve a given area are replaced by a group of lower-power
antennas to serve the same geographic area.
Readily Visible.
An object that can be identified as a wireless telecommunications
facility when viewed with the naked eye.
Related Equipment.
All equipment ancillary to the transmission and reception
of voice and data via radio frequencies. Such equipment may include,
but is not limited to, cable, conduit, and connectors.
Stealth Facility.
Any commercial wireless communications facility that is designed
to blend into the surrounding environment by means of screening, concealment,
or camouflage. The antenna and supporting antenna equipment are either
not readily visible beyond the property on which they are located,
or, if visible, appear to be part of the existing landscape or environment
rather than identifiable as a wireless communications facility.
Tower.
Any structure that is designed or constructed primarily for
the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy towers, or monopole towers. The term includes,
but is not limited to, radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, alternative
tower structures and the like.
Wireless Communications Facility.
Personal wireless service facilities as defined by the Federal
Telecommunications Act of 1996 including, but not limited to, facilities
that transmit and/or receives electromagnetic signals for cellular
radio telephone service, personal communications services, enhanced
specialized mobile services, paging systems, and related technologies.
Such facilities include antennas, microwave dishes, parabolic antennas,
and all other types of equipment used in the transmission or reception
of such signals; telecommunication towers or similar structures supporting
said equipment; associated equipment cabinets and/or buildings; and
all other accessory development used for the provision of personal
wireless services. These facilities do not include radio towers, television
towers, and government-operated public safety networks.
(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)