This chapter is intended to protect the health, safety, welfare,
and aesthetics of the community and to ensure that antennas and wireless
communication facilities are placed, designed, and screened in a manner
which is compatible with the small scale, residential character of
the City and will not adversely impact neighboring properties. These
regulations are the minimum practical regulations necessary to satisfy
the health, safety, welfare, and aesthetic concerns of the City. The
standards and regulations of this chapter shall apply to all antennas
and wireless telecommunications facilities in the City except as otherwise
preempted by federal or state law. This chapter shall not apply to
antennas/ wireless telecommunication facilities erected by the City
of Claremont.
(09-02)
Provisions of this chapter, including any findings which would
otherwise allow an antenna and any use permits which may be issued
pursuant thereto, shall not override or displace deed restrictions
or covenants (CC&Rs) which may apply to the subject property.
(08-05)
The following terms, words and phrases and their derivations
shall have the meanings as defined in the glossary of this title:
antenna; antenna height; antennas, horizontal-wire or sloping-wire;
antenna mast-pole; antenna, panel; antenna support structure; antennas,
vertical or whip; wireless equipment, accessory; wireless facilities,
personal; and wireless telecommunications.
(08-05)
A. Applicability
1. This section shall apply to all wireless telecommunications facilities
placed on public and privately owned land in the City except for FCC-licensed
amateur radio stations and residential television receive-only antennas.
2. This section is intended: (a) to protect and promote the public health,
safety, and welfare and the City's aesthetics; (b) to facilitate the
creation of an advanced wireless communications infrastructure for
citizens, businesses, industries, and schools; and (c) to protect
the City from potential adverse effects associated with wireless telecommunications
facilities.
B. Facilities
Permitted by Right
A wireless telecommunication facility proposed to be located on any City of Claremont owned and/or leased property is allowed by right regardless of the zoning district. In order to locate the facility on such property, a lease or other agreement needs to be approved by the City Council. In addition, the facility requires insurance as outlined in Section 16.100.040.K.1. The facility is subject to the City's architectural review process under Chapter
16.300. However, no architectural review shall be required for any antenna that is determined by the Director of Community Development to be for maintenance or replacement. A wireless telecommunication facility proposed to be located on private controlled land is allowed by right when the Director of Community Development determines that no architectural review is necessary because the proposed facility is for maintenance or replacement of existing facilities.
C. Facilities
Permitted with a Special Use and Development Permit (SUDP)
Except as provided in Sections 16.100.040.B and 16.100.040.H.4,
no wireless telecommunications facility shall be constructed or installed
in the City without a special use and development permit (SUDP). Upon
receiving an application pursuant to Section 16.100.040.L, the Director
shall issue a SUDP if the applicant meets all the requirements in
Sections 16.100.040.D—K, or if the Director determines that
the application is for a modification to an existing facility under
47 U.S.C. Section 1455(a).
D. Required
Findings for a Wireless Telecommunications Facility
All wireless telecommunications facilities permitted by this
section shall be subject to the following findings:
1. There is adequate space on the property for the wireless telecommunications
facility without conflicting with existing buildings or other structures
on the property, or reducing required parking, landscaping, or other
development standards.
2. The design and placement of the wireless telecommunications facility
will not adversely impact the use of the property, other buildings,
and structures located on the property, or the surrounding area or
neighborhood.
3. The wireless telecommunications facility as proposed is consistent with the requirements of subsections
E through
K of this section.
E. Height
and Location Standards
1. No antenna mounted on an existing structure shall extend more than
20 feet above the height of the structure on which it is mounted plus
one foot per each two feet that the structure exceeds 40 feet in height.
No antenna mounted on a structure with a height of 40 feet or less
shall extend more than 20 feet above the height of the structure.
2. The allowable height limit for a new ground-mounted wireless telecommunication
facility shall be determined on a site-by-site basis by the Director.
The Director will take into account the height of the surrounding
structures located within the adjoining neighborhood, existing trees,
and other elements that can serve as a backdrop to mask the silhouette
of the wireless telecommunications facility.
3. No wireless telecommunications facility shall be located within or
project into any required setbacks of the underlying land use district.
4. No wireless telecommunications facility shall be located within or
project closer than 10 feet from any right-of-way of a street, freeway,
or railroad line, except as set forth in Section 16.100.040.K.
5. No new ground-mounted wireless telecommunication facility shall be
located within 100 feet of an existing residential structure whether
such structure is the primary use on a parcel or an accessory/ancillary
use. This restriction shall not apply to any new ground-mounted wireless
telecommunication facility constructed by the City for public safety
services, emergency services, or other City services.
F. Operation
and Security
1. A wireless telecommunications facility shall comply with all applicable
building codes.
2. A wireless telecommunications facility shall be designed, constructed,
maintained, and operated in a manner that minimizes noise and traffic
to surrounding areas and that ensures the security of the facility,
and the safety of the public.
3. A wireless telecommunications facility shall be protected against
unauthorized access.
4. The Director may require that a wireless telecommunications facility
be enclosed by a fence, the design of which shall be approved by the
Director.
5. All uses ancillary to the wireless telecommunications facility other
than equipment essential for the operation of the facility shall be
prohibited on the site.
G. Radio
Frequency Emissions
No SUDP shall be granted unless the applicant demonstrates that
the wireless telecommunications facility, whether considered individually
or cumulatively with other sources of radiofrequency emissions, will
comply with applicable standards for environmental effects of radiofrequency
emissions, including those adopted by the FCC and any other entity
with jurisdiction over such matters. As a condition of any permit,
whether stated in the permit or not, a wireless telecommunications
facility must at all times comply with the applicable individual facility
and cumulative standards for environmental effects of radiofrequency
emissions and, upon request, must demonstrate compliance with those
standards. If at any time the radiofrequency emissions are not in
compliance with applicable standards, the applicant shall immediately
notify the City and immediately terminate the operation of the wireless
telecommunications facility. Before resuming operation of the wireless
telecommunications facility, the operator shall explain to the City
the cause of the failure to comply with radio frequency emissions
standards and demonstrate to the City all measures taken to correct
the failure to comply and to prevent such noncompliance in the future.
H. Collocation
and Use of Existing Structures
1. The applicant shall collocate a wireless telecommunications facility
with an existing wireless telecommunications facility unless the applicant
submits proof acceptable to the City that reasonable efforts to collocate
have been unsuccessful.
2. The applicant shall locate a wireless telecommunications facility
on an existing building or structure unless the applicant submits
proof acceptable to the City that no existing building or structure
is suitable for the location of the wireless telecommunications facility.
3. Pursuant to Section 65850.6(b) of the California
Government Code,
any wireless telecommunication facility that will subsequently include
co-located facilities shall comply with City requirements in this
chapter for both the underlying wireless telecommunications facility
and any facilities collocated therewith. A SUDP issued for an underlying
facility may specify modifications and replacements that may occur
with notice to the City, but without further application.
4. Notwithstanding any provision of this chapter to the contrary, a
co-located wireless telecommunications facility shall be a permitted
use not requiring a SUDP if it satisfies the requirements of Section
65850.6(a) of the California
Government Code, and is consistent with
all requirements governing the underlying wireless telecommunications
facility and any facilities to be collocated therewith.
I. Design
Review and Visual Impact
1. All wireless telecommunications facilities shall be subject to architectural review pursuant to the provisions of Chapter
16.300.
2. All wireless telecommunications facilities shall comply with Commercial
Antenna/Wireless Telecommunication Facilities Guidelines (Guidelines)
contained in Council Resolution No. 2008-70.
3. A wireless telecommunications facility shall be located, installed,
and mounted to have the minimum adverse visual impact on surrounding
areas, parks, and roadways.
4. Antennas and accessory wireless equipment shall be painted in a non-reflective
color.
5. Antennas and accessory wireless equipment, if visible, shall be screened
with landscaping to the greatest extent possible. If trees are to
be provided as screening, the trees shall be minimum 48-inch box-sized
evergreen trees (unless it is determined that better screening can
be obtained through smaller sized trees) in a species approved by
the City's Director of Community Development. All landscaped screening
shall be required to be maintained and replaced if necessary by the
applicant as long as the associated antenna or equipment is in use.
6. Accessory wireless equipment shall be screened from view by an existing
structure to the greatest extent possible, or by constructing screening
which blends with adjacent structures in color and form, or by landscaping
where construction of a man-made screening is not appropriate. All
housing for accessory wireless equipment shall be placed underground
if located in a front or street side setback or the public right-of-way.
7. No wireless telecommunications facility shall adversely impact the
integrity or character of any structure listed in the Claremont Register
of Sites of Historic or Architectural Merit.
8. For all building-mounted antennas and antennas requiring construction
of ground-mounted support structures which cannot be screened from
view, an applicant shall provide an analysis of alternative facilities.
The alternative analysis shall evaluate multiple alternatives in terms
of the height, design and location of the facility, and shall demonstrate
that the proposed height, design and location are necessary and that
adverse visual impacts have been minimized to the greatest extent
practical. The City may contract with a radio frequency engineering
firm to verify technical assertions made in an applicant's alternative
analysis. The cost of the verification shall be borne by the applicant.
9. No advertising, signs, or lighting shall be incorporated or attached
to any antenna or accessory wireless equipment, except as required
by the City's building division or federal regulations.
J. Notice
Requirements
The following notification requirements shall apply to all applications
for wireless telecommunications facility permitted by this chapter.
1. The Director shall provide notification of the proposed project (both
land use and design review concurrently) to owners of property within
300 feet of the proposed property on which antennas are to be located.
2. Notices shall be sent not less than ten days prior to any action
taken on the application.
K. Telecommunication
Facilities Located in Rights-of-Way
1. In addition to requiring an SUDP, a wireless telecommunications facility located in the public right-of-way shall be subject to the provisions of Chapter
12.04 of the Claremont Municipal Code and shall require the approval of an encroachment permit by the City Engineer. No such facility shall be permitted or constructed in the right-of-way unless and until the applicant has entered into an agreement with the City specifying the use of the property, required maintenance and repair, reimbursements to the City for costs associated with the proposed use, permitted collocations, modifications, and attachments thereto, and such other terms as the City may require. Applicants shall also agree to indemnify, hold harmless, and defend the City from any liability arising out of its approval of a permit and shall provide the City with a certificate of insurance of general commercial liability insurance for an amount as required by the Director, naming the City as an additional insured. The insurance shall be placed with a company satisfactory to the Director.
2. A SUDP will be issued with respect to a wireless telecommunications
facility that is proposed to be located in the public rights-of-way
if the applicant's proposal satisfies the following criteria, in addition
to satisfying the other requirements of this chapter:
a. The supporting structure and antenna array will be located on a street
or public right-of-way where telephone lines are aerial and where
new communications lines may be placed above-ground.
b. All components of the wireless telecommunications facility other
than the support structure and accessory equipment must be located
at least eight feet above ground level, and be designed to provide
adequate roadway clearance.
c. An installation on an existing support structures will be flush-mounted
and will not:
i. Require an expansion of the footprint of the existing support structure
(including any guy wires) of more than 10%;
ii. Result in an extension in the height of the support structure (including
the vertical height of the antenna) of more than six feet;
iii.
Result in expansion of more than 10% in the circumference or
width of the existing support structure;
iv. Intrude upon or create a hazard for any sidewalk, vehicular roadway,
or pedestrian walkway;
v. Require installation of an antennae that individually extend more
than twelve inches horizontally, or that cumulatively extend more
than twenty-four inches from the existing support structure at the
point of attachment; or
vi. Require installation of other equipment on the existing support structure
that exceeds three feet in height, and the greater of three feet in
width or three times the width of the existing support structure.
d. For new support structures, there is no existing support structure
that can accommodate the facilities required, and
i. The new structure is of a design, height, width, circumference, and
footprint consistent with existing support structures in the area
where the structure will be located. A new structure that is larger
than the structure that would be permitted under subsection (c) if
the application had been filed for an existing support structure within
500 feet of the proposed new structure is not consistent with existing
support structures;
ii. The new structure will not intrude upon or create a hazard for any
sidewalk, vehicular roadway, or pedestrian walkway; and
iii.
The antenna and other equipment installed on the new support
structure comply with paragraphs (c)(v) and (vi) of this subsection
K.2.
e. References in this section to the dimensions of an "existing support
structure" refer to the dimensions at the time of the initial installation
of a wireless facility upon that structure. By way of example and
not limitation, if a utility pole were extended vertically four feet
to accommodate an antenna, it could later be increased in size an
additional two feet and remain in compliance with subsection K.2.c(ii)
of this section. A later addition of three feet would not comply with
that subsection.
L. Conditions
of Approval
Conditions of approval shall be imposed on any SUDP granted
pursuant to this section to ensure compliance with this chapter and
to protect the public health, safety, general welfare, and aesthetics.
The permit shall not become effective until all applicable conditions
of approval have been met. All conditions of approval shall be observed
throughout the duration of the permit. Conditions shall include, but
shall not be limited to the following:
1. The applicant shall agree to indemnify, hold harmless, and defend
the City, its officers, agents, and employees from any and all liability
or claims that may be brought against the City from its approval of
a permit.
2. A copy of the applicant's lease with the property owner shall be
submitted to the City prior to issuance of a building permit for the
facility. If the lease is extended or terminated, notice and evidence
thereof shall be provided to the Director. Upon termination or expiration
of the lease, the use permit for the facility shall become null and
void and the facility removed within 90 days.
3. Certification of continued use of each approved facility shall be
submitted on a yearly basis at the time of business license renewal
for as long as the facility remains in operation. The certification
shall indicate that the facility is operating as approved and that
the facility complies with the most current Federal Communication
Commission (FCC) safety standards. Facilities which are no longer
in operation shall be removed within 90 days after the date of discontinuation.
If no annual certification is provided, the use permit for the facility
may be revoked by the Director.
4. Prior to the issuance of a building permit for the facility, applicants
may be required to provide a deposit or performance bond with the
City for removal of the facility and any accessory wireless equipment
if such facility is found to be abandoned or the use permit is revoked
by the Director.
5. Notice of change of ownership of the facility shall be provided to
the City.
6. Within 90 days of commencement of operations, applicants shall provide
a preliminary report and field report prepared by a qualified engineer
that shows the operation of the facility is in conformance with the
standard established by the American National Standards Institute
(ANSI) and Institute of Electrical and Electronics Engineers (IEEE)
for safe human exposure to electromagnetic fields (EMF) and radio
frequency radiation (RFR).
7. All changes and modifications to an approved facility shall require
prior approval by the City.
8. All graffiti and other forms of vandalism shall be promptly removed
and/or repaired within 48 hours of notice (either in verbal or written
form) given to the wireless telecommunication operator and/or property
owner.
M. Application
Procedure
An application for the approval of a wireless telecommunications
facility shall include, but is not limited to, the following information:
1. The name and address of the owner of the wireless telecommunications
facility and the name and address of the owner of the property on
which such facility is proposed to be located. Additionally, the application
shall include the name and address of a person who shall be designated
as managing agent for maintenance of the facility.
2. A report signed by a licensed professional engineer with expertise
in radio communication facilities containing:
a. The number, type, and design of the proposed antenna array;
b. The make, model, and manufacturer of the proposed antenna array;
c. A description of the proposed antenna array and all related fixtures,
support structures, appurtenances and apparatus, including height
above grade, materials, and lighting;
d. The frequency, modulation, and class of service;
e. Transmission and maximum effective radiated power;
f. Direction of maximum lobes and associated radiation; and
g. A certification that the proposed facility will comply with all applicable
standards for radiofrequency emissions, whether considered individually
or in conjunction with other sources of radiofrequency emissions whose
effects are to be considered in determining compliance with applicable
laws and regulations; and a declaration describing the manner in which
the radiofrequency emissions for the facility were calculated and
the results of those calculations.
3. A report signed by a licensed professional engineer specializing
in structural engineering, containing the following:
a. In the case of placement of a wireless telecommunications facility
on an existing structure or building, documentation of the ability
of the building or structure to accept the antenna array, the proposed
method of affixing the antenna array to the building or structure,
and the precise point at which the antenna array shall be mounted.
b. In the case of a wireless telecommunications facility with support
structure, documentation that the structure is consistent with all
applicable building codes, and a description of the support structure's
capacity, including the number of antenna array it can accommodate
and the precise point at which the antenna array shall be mounted.
4. A certification that the applicant will allow collocation on the
facility wherever technically and economically feasible and aesthetically
desirable.
5. If the application does not propose to collocate a wireless telecommunications
facility on an existing wireless telecommunications facility, a demonstration
that reasonable efforts to collocate have been unsuccessful.
6. If the application does not propose to collocate a wireless telecommunications
facility on an existing building or structure, a demonstration that
no existing building or structure is suitable for the location of
the wireless telecommunications facility.
7. Scaled drawings of the proposed facility and visual simulations showing
the proposed facility superimposed on photographs of the existing
site and surroundings.
8. A description of the measures that the applicant proposes with respect
to the wireless telecommunications facility to address its visual
impact in accordance with this chapter.
9. For all building-mounted antennas and antennas requiring construction
of ground-mounted support structures that cannot be screened from
view, an analysis of alternative facilities evaluating multiple alternatives
in terms of the height, design and location of the facility, and demonstrating
that the proposed height, design and location are necessary and that
adverse visual impacts have been minimized to the greatest extent
practical.
10. For a wireless telecommunications facility in a public right-of-way
for which the applicant claims entitlement under California Public
Utilities Code Section 7901, evidence that the applicant is a telephone
corporation or has written authorization to act as an agent for a
telephone corporation.
11. A demonstration that the wireless telecommunications facility will
not adversely impact the integrity or character of any structure listed
in the Claremont Register of Sites of Historic or Architectural Merit.
N. Appeals
Any person may appeal any decision of staff or any condition imposed by staff pertaining to approval of an architectural review and/or special use and development permit pursuant to Chapter
16.321. Appeals shall be based on relevant substantive issues associated with the standards and findings associated with the granting of the special use and development permit and architectural review, and shall not be based on any other matter or issue as to which the City's authority or discretion has been preempted by federal or state law, including, but not limited to, health effects of wireless facilities and interference from electromagnetic fields.
O. Abandonment
1. A wireless telecommunications facility not operated for a continuous
period of 12 months or more may be deemed by the City to be abandoned.
Upon receipt of notice of a determination of abandonment from the
City, an operator shall remove its facility within 90 days.
2. When an operator has failed to remove a nonoperating wireless telecommunications
facility within the time prescribed by this section, the City may
remove the facility and obtain reimbursement from the applicant, operator,
or owner for all costs and expenses related thereto, including legal
fees and costs.
(08-05; 09-02; 12-01; 12-04; 14-04)