A. 
The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless telecommunication facilities and antennas. The regulations contained herein are designed to protect and promote the public health, safety and community welfare and the aesthetic quality of the City as set forth within the goals, objectives and policies of the General Plan, while at the same time providing for managed development of wireless telecommunications infrastructure in accordance with the guidelines and intent of the Telecommunications Act of 1996.
B. 
Objectives. Recognizing the City's roles as regulator, service provider, facilitator and user, it is intended that the City shall apply these regulations in furtherance of the following goals and policy objectives, including, but not limited to:
1. 
To retain control of private and public property within the confines of State and Federal legislation to regulate wireless telecommunications facilities;
2. 
To facilitate the creation of an advanced wireless telecommunications infrastructure for citizens, businesses, industries and schools;
3. 
To protect the City from potential adverse effects of wireless telecommunications facility development; and
4. 
Ensure that the wireless telecommunications infrastructure is designed to enhance and not interfere with the City's emergency response network.
(Ord. 566 § 3, 2019)
For purposes of this chapter, the following words, terms, phrases and their derivations have the meanings given in this section. The word "shall" is always mandatory and not merely directory.
"Antenna"
means a device for transmitting and receiving radiofrequency (RF) signals.
"Base station"
means collectively all of the equipment and apparatus, excluding antennas, serving as components of an existing wireless telecommunications communications facility, including any antenna support structure.
"Co-location" or "co-located"
means the location of multiple antennas which are either owned or operated by more than one service provider at a single location and mounted to a common support structure.
"Eligible facility"
means an existing wireless tower or base station to be modified by: (1) the installation of new transmission equipment, including co-locations; (2) removal of transmission equipment; or (3) replacement of transmission equipment, without a substantial change to the physical dimensions or replacement of the underlying structure.
"Equipment"
means any apparatus serving as a component of a wireless communication facility including, but not limited to, a base station, cables/wires, air conditioning units, mounting brackets, equipment cabinets, generators, battery or other power supplies, pedestals, and meters, but excluding antennas and antenna support structures.
"FCC"
means the Federal Communications Commission of the United States.
"Tower"
includes any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities.
"Wireless telecommunication facility," "wireless facility" or "facility"
means any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information, including but not limited to, cellular telephone service, personal communication service, and paging service. A wireless telecommunication facility can consist of one or more antennas with associated equipment.
(Ord. 566 § 3, 2019)
In addition to meeting standard application submittal requirements for discretionary permits, detailed in other chapters in this title, all wireless telecommunications facility carriers or providers shall provide the information listed below. The Director may waive certain submittal requirements based on specific project factors. This section does not apply to wireless telecommunications facilities requiring an antenna permit as set forth in Section 13.34.085.
A. 
Visual Impact Demonstration. A visual impact analysis shall be provided showing the maximum silhouette and proposed or required screening. The visual impact analysis shall photo simulations and any required photo overlays, scaled models or architectural renderings necessary to determine visual impact. A map depicting where the photos were taken shall be included.
B. 
Narrative.
1. 
Antennas. List the number of proposed antennas and base transceiver stations and/or equipment cabinets and any existing facilities on the site.
2. 
Location. Describe the location and type of antenna installations (stand-alone rooftop, rooftop attached to a mechanical penthouse, or building façade) and location of the base transceiver station(s), equipment cabinets and/or buildings.
3. 
Height. List the height of the antenna installation. Carriers must provide documentation that establishes that the proposed facilities have been designed to the minimum height required from a technological standpoint for the proposed site.
4. 
Radio Frequency. List the radio frequency range in megahertz and list the wattage output of the equipment.
5. 
Radio Frequency Emissions. A report listing the effective radiated power generated by the proposed facility, shall be submitted to the Director. The report shall identify exposure levels for both controlled and uncontrolled areas where the levels are projected to be highest.
6. 
FCC Compliance. Provide documentation certifying all applicable licenses or other approvals required by the Federal Communications Commission to provide the services proposed, have been obtained.
7. 
Maintenance. Describe the anticipated maintenance and monitoring program for the antennas and back-up equipment.
8. 
Noise/Acoustical Information. Provide noise and acoustical information for equipment such as air conditioning units and back-up generators.
9. 
Site Selection Process. Provide a map and narrative description explaining the site selection process including information about other sites considered and reason for their rejection.
10. 
Geographic Service Area. Identify the geographic service area for the subject installation, including a map showing the site and the associated "next" cell sites within the network. Describe the distance between cell sites. Describe how this service area fits into and is necessary for the company's service network. Illustrate the geographic area in which the facility could be located showing all other sites that could be used for antenna location.
11. 
Preferred Location Sites. Each application shall identify the location preference, listed in Section 13.34.040, that the proposed facility is meeting. If the proposed location is not a preferred location, the applicant shall provide a list (by address and assessor's parcel number) and a map at a one to 200 scale of all preferred location sites within the service area; what good faith efforts and measures were taken to secure each other of these preferred location sites; describe why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful; how and why the proposed site is essential to meet service demands for the geographic service area and the Citywide network.
12. 
Preferred Mounting Technique. Each applicant shall identify the antenna mounting preference, listed in Section 13.34.050, the proposed facility is meeting. If the proposed mounting technique is not a preferred technique, the applicant shall provide a list (by address and assessor's parcel number) and a map at a one to 200 scale of all such buildings/sites within the service area; what good faith efforts and measures were taken to secure each of these preferred mounting location/sites; describe why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and how and why the proposed site is essential to meet service demands for the geographic service area and the Citywide network.
13. 
Cumulative Effects. Identify the location of all the applicant's antennas and backup facilities and location of other wireless telecommunications facilities on and near the property; include the following:
a. 
Height. The height of all existing and proposed wireless telecommunications facilities on the property, shown in relation to the height limit for the zoning district;
b. 
Antennas. The dimension of each existing and proposed antenna, base transceiver station, equipment cabinet and associated building and backup equipment on the property;
c. 
Power Rating. The power rating for all existing and proposed backup equipment;
d. 
Total Watts. The total number of watts per installation and the total number of watts for all installations on the building (roof or side);
e. 
Facilities Within 100 Feet. The number and types of wireless telecommunications within 100 feet of the proposed site and provide estimates of the cumulative electromagnetic radiation emissions at the proposed site.
C. 
Co-Location Agreement. All wireless telecommunications carriers shall provide a letter stating their willingness to allow other carriers to co-locate on their facilities wherever technically and economically feasible and aesthetically desirable. When determined to be technically feasible and appropriate, the Director may require unutilized space to be made available for co-location of other wireless telecommunications facilities, including space for entities providing similar, competing services. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it becomes necessary for the host to go off-line for a significant period of time.
D. 
The applicant shall provide a list of planned or anticipated facilities within the City, and their anticipated construction schedules. The Director may require concurrent processing of planned facilities.
E. 
At the discretion of the Director the applicant may be required to provide an authorization waiver to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed wireless telecommunications facility, including, but not limited to, compliance with applicable Federal emission standards, potential for interference with existing or planned public safety emergency response wireless telecommunications facilities, or analysis of feasibility of alternate sites, screening methods or devices. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is hereby deemed not be a public record, shall remain confidential, and not be disclosed to any third party without the express consent of the applicant.
F. 
Any other relevant information as required by the Director.
(Ord. 566 § 3, 2019)
The following general requirements apply at all times to all wireless telecommunications facilities located in all zoning districts:
A. 
Each facility must comply with any and all applicable provisions of the Santee Municipal Code, including, but not limited to, provisions of the Building Code, as amended by the City, and any conditions of approval imposed as part of the approval process.
B. 
Each facility must comply with any and all applicable regulations and standards promulgated or imposed by any State or Federal agency, including, but not limited to, the Federal Communications Commission and the Federal Aviation Administration.
C. 
The facility must at all times comply with all applicable health requirements and standards pertaining to RFR emissions.
D. 
Interference with City communications systems is prohibited. All proposed facility applications shall include reports, as required by the Fire Department, to evaluate potential interference. The applicant shall be responsible for any costs incurred by the City, including the costs of retaining consultants, to review and analyze the reports.
E. 
Without limitation, the provisions of this chapter do not permit placement of wireless telecommunications facilities in the public right-of-way without an encroachment permit authorizing such placement issued by the City, or permit placement of wireless telecommunications facilities on private property without the permission of the property owner.
(Ord. 566 § 3, 2019)
Location preference for wireless telecommunications facilities should be given to:
A. 
Co-Location Sites. Co-located and multiple-user wireless telecommunications facilities may be required when, in the determination of the Director, it is technically feasible and appropriate and will minimize overall visual impact to the community.
B. 
Property designated industrial or commercial, unless otherwise prohibited pursuant to this chapter.
C. 
Facilities Attached or Sited Adjacent to Existing Structures. Appropriate types of existing structures may include, but are not limited to: buildings, water tanks, telephone and utility poles, sign standards, traffic signals, light standards and roadway overpasses.
D. 
Sites that are not highly visible from adjacent roadways.
E. 
Unless otherwise indicated in this chapter, no wireless telecommunications facility shall be installed on an exposed ridgeline or on property located within the Hillside Overlay District or along a scenic road or scenic corridor as designated in the Santee General Plan unless the facility blends with the surrounding existing natural and man-made environment to the maximum extent possible and a finding is made that no other location is technically feasible.
(Ord. 566 § 3, 2019)
The following antenna and equipment siting and mounting techniques are preferred:
A. 
Façade mounted antennas that meet the visual requirements specified in this chapter;
B. 
Roof mounted antennas that are not visible to the public; and
C. 
Monopoles or freestanding towers that utilize stealthing techniques.
(Ord. 566 § 3, 2019)
In addition to all other requirements set forth in this chapter, all wireless telecommunications facilities shall meet the following design requirements:
A. 
All facilities shall be designed to minimize the visual impact to the greatest extent feasible by means of placement, screening, and camouflage and to be compatible with existing architectural elements, building materials and other site characteristics. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives.
B. 
Colors and materials for facilities shall be nonreflective and chosen to minimize visibility. Facilities, including support equipment and buildings, shall be painted or textured using colors to match or blend with the primary background.
C. 
Wireless support structures and base stations shall be illuminated as required by the FCC and/or the Federal Aviation Administration (FAA). If allowed under FAA and other governmental regulations, alternatives to strobe lighting shall be used at night and lighting shall be shielded to ensure that lighting is focused toward the top of the wireless support structure or base station. Lightning arresters and beacon lights shall not be included in the design of facilities unless required by the FAA and shall be included when calculating the height of facilities such as lattice towers and monopoles.
D. 
Façade-mounted equipment shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. Antennas must be located entirely within an existing or newly created architectural feature so as to be completely screened from view.
E. 
Satellite dish or parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
F. 
Where appropriate, facilities shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening.
G. 
All monopoles and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation. Freestanding monopoles shall incorporate stealth techniques to minimize their prominence.
H. 
Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator's service area and shall be set back from the edge of the building or otherwise screened with the building parapet to minimize their visibility.
I. 
Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, or other camouflage treatment to minimize visual impact. Equipment shelters and buildings shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). No outdoor storage yards shall be allowed in an equipment compound. Equipment compounds shall not be used as habitable space.
J. 
No freestanding facility such as a monopole, lattice tower, or similar structure including ancillary support equipment may be located between the face of a building and a public street, bikeway or park.
K. 
The City shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impact associated with multiple facilities.
L. 
Freestanding facilities, including towers, lattice towers, and monopoles, shall not exceed the maximum height of the base district by more than 15 feet. The height of a freestanding facility shall be measured from the natural undisturbed ground surface below the center of the base of the tower itself to the tip of the highest antenna or piece of equipment attached thereto. In the case of roof-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted.
M. 
No telecommunications facility that is readily visible from off-site shall be installed on a site that is not already developed with a telecommunications facility unless a finding is made, based on technical evidence acceptable to the Director, as appropriate, showing a clear need for this facility that no technically feasible alternative site exists.
(Ord. 566 § 3, 2019)
A. 
Installation of the following antennas and/or appurtenant equipment which complies with all applicable health requirements and standards pertaining to RF emissions is exempt from the provisions of this chapter subject to the conditions below:
1. 
Antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, residential fixed wireless telecommunications, multi-channel multi-point distribution providers (MMD) or television broadcast stations in all zoning districts are exempted, provided that all of the following conditions are met:
a. 
The antenna is accessory to an existing use and measures 39 inches (one meter) or less in diameter; and
b. 
To the extent feasible, the antenna is installed in a location where it is not readily visible from the public right-of-way.
2. 
Ground-mounted satellite receive-only parabolic antennas or dishes greater than 39 inches and up to 12 feet in diameter and 15 feet in height in residential, commercial, office, industrial, resort recreation and open space zones are exempted if the following conditions are met:
a. 
The antenna is for the sole use of the project site tenants;
b. 
The antenna is located only within the rear or interior side yard area of the property;
c. 
The antenna shall not be located within a required setback area, driveway or parking space;
d. 
A maximum of one antenna per residential lot is permitted. In commercial, office, industrial, resort recreation or open space zones, no more than one antenna per lot is permitted unless there is more than one use on a lot which cannot feasibly be served by a single antennae;
e. 
In residential, resort recreation or open space zones, the antenna shall be screened from adjacent properties and public view on all sides to the satisfaction of the Director;
f. 
In commercial, office, or industrial zones, the antenna should be screened by on-site structures and the antenna's location to minimize the antenna's visibility from the public right-of way;
g. 
Screening materials may include walls, fences, other material substantially compatible with the principal on-site buildings, trees, shrubs, earthen berms or depressions or a combination of the above. The color of the antenna shall blend with its background or the surrounding area.
3. 
Roof-mounted satellite receive-only parabolic antennas or dishes greater than 39 inches and up to 12 feet in diameter on properties zoned commercial, office, or industrial are exempted if the following conditions are met:
a. 
The antenna is for the sole use of the project site tenants; and
b. 
The antenna should be screened by on-site structures and the antenna's location to minimize the antenna's visibility from the public right-of-way.
4. 
Amateur radio antenna (including ham and short wave) provided the antenna does not exceed the maximum building height for the zoning district in which it is located by more than 15 feet.
5. 
Wireless telecommunications facilities exempt from the provisions of this chapter by operation of State or Federal law.
6. 
Wireless telecommunications facilities located within the public right-of-way, except as otherwise expressly regulated in this chapter.
B. 
The determination of whether or not a proposed facility meets the requirements for exemption is at the discretion of the Director. The Director may require that the application be processed as a minor development review permit or conditional use permit if the requirements of this section cannot be met unless the application is an eligible facilities request subject to Section 13.34.085.
(Ord. 566 § 3, 2019)
A. 
The following types of telecommunications facilities are allowed, subject to the applicable provisions of this chapter and approval of a development review permit by the Director:
1. 
Residential zoning districts, resort recreation and open space zoning districts:
a. 
Façade-mounted antennas located on nonresidential properties, which are architecturally integrated into an existing structure and not readily visible;
b. 
Roof-mounted antennas located on nonresidential properties, which are architecturally integrated into an existing structure and not readily visible;
c. 
Roof-mounted satellite receive-only parabolic antennas or dishes more than 39 inches and up to 12 feet in diameter, which are not readily visible.
2. 
Commercial, office and industrial zoning districts:
a. 
Façade-mounted antennas on nonresidential properties, which are architecturally integrated into an existing structure and not readily visible;
b. 
Roof-mounted antennas on nonresidential properties, which are architecturally integrated into an existing structure and not readily visible;
c. 
Ground-mounted antennas on nonresidential properties and mounted on a mast which does not exceed 15 feet in height and six inches in diameter and are not readily visible.
B. 
The determination of whether or not a proposed facility meets the requirements for a development review permit are at the discretion of the Director. The Director may require that the application be processed as conditional use permit if the requirements of this section cannot be met.
(Ord. 566 § 3, 2019)
A. 
The following types of telecommunications facilities are allowed, subject to the applicable provisions of this chapter and approval of an antenna permit by the Director:
1. 
An "eligible facility" removal, modification or co-location as defined in Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. Section 1455(a) as implemented in 47 C.F.R. 1.610 as they may be amended.
B. 
Applications for an antenna permit shall include the following information:
1. 
A statement clearly indicating that the application is subject to this section and not any other portion of this chapter.
2. 
All information required by Section 13.34.020(A), (B) and (E).
3. 
An explanation with supporting documentation, including physical depictions of the current wireless telecommunications facility and the wireless telecommunications facility after installation of the eligible facility, that justifies why the proposed placement constitutes an eligible facilities request.
The Director may develop a standard application form for applications subject to this section. In such event, applicants shall utilize the application form.
C. 
Upon receipt of an application for approval of an eligible facilities request, the Director or his or her designee shall review such application to determine whether the application qualifies as an eligible facilities request under State and/or Federal law and is complete, and shall promptly notify applicant if the application is incomplete or is not an eligible facilities request. An application is incomplete if it omits or withholds any required information, or fails to provide information in sufficient detail to determine whether the application is for an eligible facilities request, or to determine whether the work will be performed in accordance with, and will result in a wireless telecommunications facility that complies with applicable safety codes.
D. 
If the application is an eligible facilities request and the application is complete, the Director shall approve the application subject to this section. This section shall be operative, and any permit issued pursuant to this section shall remain in effect only so long as Federal law, 47 U.S.C. Section 1455, and implementing Federal Communications Commission regulations, 47 C.F.R. Section 1.610 regulations, require approval of an eligible facilities request as defined herein. By approval, the City solely intends to comply with a requirement of Federal law or State law not to grant any property rights or interests except as compelled by Federal or State law.
E. 
If the application does not satisfy requirements for an eligible facilities request, or the application would otherwise result in a wireless telecommunications facility that does not comply with applicable Federal, State or local laws, the application shall be denied.
F. 
If the applicant fails to respond to any City request for information or similar correspondence for more than 45 days, then the application shall expire. No application or permit fees will be refunded and should the applicant seek to pursue the proposed installation a new application and applicable fee shall be required.
G. 
The Director may except particular applications from approval, or may condition approval, as appropriate, consistent with Federal and State law and the requirements of this chapter. Without limitation, approval does not exempt applicant from, or prevent City from, opposing a proposed modification that is subject to compliance under the National Historic Preservation Act of the National Environmental Policy Act.
(Ord. 566 § 3, 2019)
In all zoning districts, a conditional use permit shall be required for any wireless telecommunications facility not otherwise specifically enumerated or defined in this chapter.
(Ord. 566 § 3, 2019)
A. 
The wireless telecommunications facility provider shall defend, indemnify, and hold harmless the City or any of its boards, commissions, agents, officers, and employees: (1) from any claim, action or proceeding against the City, its boards, commission, agents, officers, or employees to attack, set aside, void, or annul, the approval of the project when such claim or action is brought within the time period provided for in applicable State and/or local statutes; and (2) from any damages, liabilities, claims, suits, or causes of action of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or the land owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors, pursuant to the approval issued by the City, when such claim or action is brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the provider(s) of any such claim, action or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith.
B. 
Wireless telecommunications facility operators shall be strictly liable for interference caused by their facilities with City communications systems. The operator shall be responsible for costs for determining the source of the interference, all costs associated with eliminating the interference (including, but not limited to, filtering, installing cavities, installing directional antennas, powering down systems, and engineering analysis), and all costs arising from third party claims against the City attributable to the interference.
(Ord. 566 § 3, 2019)
All improvements, including foundations and appurtenant ground wires, shall be removed from the property and the site restored to its original pre-installation condition within 180 days of cessation of operation or abandonment of the facility. A wireless telecommunications facility shall be considered abandoned if it fails to be utilized for its intended and permitted purpose for a period of 180 days, except in the event of damage to the structure and with notice of such damage to the Director. Should a permittee fail to remove all improvements within 30 days of abandonment, cessation of operation or notice from the City, then the City may remove the facility at the sole cost of the permittee. If the permittee fails to pay the City its costs incurred, the City shall be entitled to act on the bond required in this chapter for reimbursement.
(Ord. 566 § 3, 2019)
A. 
No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, County, the State of California or the Federal government.
B. 
Failure to remain in continued compliance with the MPE limits shall be grounds for revocation of the applicable City permit.
(Ord. 566 § 3, 2019)
A. 
At any time, the Director may initiate proceedings to revoke a permit issued pursuant to this chapter. Grounds for revocation shall be limited to a finding that the owner or operator has abandoned the facility, the facility is no longer in compliance with either the general requirements or design standards of this chapter and the owner or operator has failed to bring the facility into compliance within 180 days after a notice has been sent by the Director requiring the facility to be brought into compliance, the facility is no longer in compliance with applicable FCC or FAA regulations, the use is no longer permitted in the zoning district in which it is located, the facility has not been upgraded to reduce or minimize its impact to the extent reasonably permitted by the technology available at the time of renewal, or if the Director determines that revocation would be in the best interest of the public health, safety, or welfare. Upon making a determination that the permit should be revoked, the Director may, at his or her discretion, initiate revocation proceedings pursuant to Section 13.06.030(G).
B. 
All permits approved pursuant to this chapter shall expire after 10 years.
(Ord. 566 § 3, 2019)
Notwithstanding any other provision of this chapter to the contrary, the City may grant an exception to any of the requirements of this chapter, if the City makes a finding that the applicant has demonstrated that the refusal of the City to allow such a use would prohibit or have the effect of prohibiting the provision of personal wireless services within the meaning of 47 USC Section 332(c)(7), or otherwise is preempted or prohibited by State or Federal law.
(Ord. 566 § 3, 2019)
Notwithstanding any other provision of this title, including Section 13.04.110, the following additions, modifications or changes shall be permitted at a wireless telecommunications facility that qualifies as a legal nonconforming use:
A. 
Ordinary maintenance.
B. 
A co-location or modification that constitutes an eligible facilities request.
Any of the above changes shall be subject to all applicable provisions of this chapter, including the receipt of an antenna permit as necessary.
(Ord. 566 § 3, 2019)