City of Claremont, CA ANTENNAS AND WIRELESS COMMUNICATION FACILITIES

Applicability

The regulations in this section are intended for amateur radio antennas, residential television receive only antennas, and other similar antennas used for residential purposes and not intended to be used in conjunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation, or means of livelihood.

The Federal Communications Commission (FCC) has established a rule partially preempting state and local regulation of amateur radio communication. However, the FCC has not preempted local regulation involving placement, screening, height of amateur radio antennas so long as the regulations are based on health, safety, or aesthetic considerations, represent a reasonable accommodation of amateur radio communication, and constitute the minimum practicable regulation necessary to accomplish the local agency's legitimate purpose.

Permitted Antennas as Matter of Right

The following antenna types are permitted as a matter of right on lots developed with a main building subject to subsection D below (Required Findings) and subsection E below (General Standards for Residential Antennas):

Antennas and related support structures which have a height of not more than 15 feet.

Vertical or whip antennas, that are not otherwise mounted on antenna support structures, provided such antennas are no higher than 25 feet above the height of the main building.

Horizontal-wire and sloping-wire antennas, provided such antennas have a vertical height of not more than 30 feet, and are attached to and supported only by a main or accessory building, or supported only by mast-poles or natural objects.

Antennas for the very high frequency and ultra high frequency bands above 30 Megahertz, provided such antennas are similar in size to or smaller than home television antennas, as permitted in subsection B.5 below; have a height of not more than 30 feet; and are attached to and supported only by a main or accessory building, or supported only by mast-poles or natural objects.

Home television antennas, provided such antennas have a height of no more than 30 feet, have horizontal dimensions of no more than 12 feet, and are attached to and supported only by a main or accessory building supported by mast-poles or natural objects.

Rotatable, directional "beam"-type antennas for frequencies below 30 Megahertz which have booms, spreaders, radiator elements, director elements, or reflector elements constructed of metal tubing or similarly visible material, provided such antennas have a height of no more than 25 feet and have a turning radius not exceeding 21 feet.

Residential Antennas Requiring Use Permits

Antennas other than those permitted in subsection B above (Permitted Antennas Permitted By Right) are permitted on residential lots with a main building only with a special use and development permit pursuant to Chapter 16.306, or a conditional use permit pursuant to Chapter 16.303. All antennas shall also be subject to the provisions of subsection D below (Required Findings) and subsection E below (General Standards for Residential Antennas).

For antennas not more than 45 feet in overall height as measured from the ground level, not including vertical and whip antennas more than 25 feet above the height of the main building, shall be permitted with a special use and development permit.

Vertical or whip antennas more than 25 feet above the height of the main building, and other antennas and antenna support structures over 45 feet in height are permitted only with a conditional use permit.

Required Findings

All antennas permitted by this section shall be subject to the following findings. These are in addition to any applicable findings in Chapters 16.300, 16.303, and 16.306, for architectural review, a special use and development permit, or a conditional use permit.

There is adequate space on the property for the antenna and support structure(s) without conflicting with building and other structures on the property.

The antenna and support structure(s) comply with the general standards for antennas in subsection E below.

General Standards for Residential Antennas

All antennas permitted by this section shall be subject to the following requirements:

Antennas shall comply with all applicable building codes.

Antennas and support structures shall be located on the site in a manner which will minimize to the greatest extent practicable the visibility of the antenna and support structure(s) to nearby residents and members of the general public, consistent with reasonable accommodation of amateur radio communications in the case of amateur radio antennas.

No antennas or antenna support structures shall be located within or extend into the required setbacks, or be located between a street and a main residential structure, except however, a single element, horizontal wire or sloping-wire antenna may extend into setbacks or be located between a street and a main residential structure provided any support of such wire antenna is a natural object such as a tree or is an existing permitted structure such as a fence.

Antennas and support structures shall have a height which is compatible with the surrounding neighborhood so existing trees or other tall features of the neighborhood can serve as a backdrop to mask the silhouette of the antenna to the greatest extent possible, consistent with reasonable accommodation of amateur radio communications in the case of amateur radio antennas.

Antennas and support structures shall be screened with landscaping to the greatest extent possible, consistent with reasonable accommodation of amateur radio communications in the case of amateur radio antennas.

Any antenna support structure which has a maximum extended height of more than 25 feet shall be equipped with both an electrical device and a hand operable device, capable of lowering such structure to 25 feet when the antenna is not in operation, unless it is shown by the applicant that it is not feasible to equip the proposed structure with such a device.

Antenna surfaces shall not be painted with reflective or bright colors.

No signing or lighting shall be incorporated into or attached to any antenna or antenna support structure, except as required by the City's building division, or federal regulations.

The number of amateur radio antennas and antenna support structures exceeding the height of 15 feet above ground on any residential lot shall be no greater than is necessary for reasonable accommodation of amateur radio operation. As a general rule, "reasonable accommodation" regarding the number of amateur antennas shall allow reasonable communication on the amateur frequencies both below and above 30 Megahertz, but not more than one rotatable, directional "beam"-type antennas shall be permitted.

10.

A maximum of two home television antennas and related structures which exceed the height of 15 feet above ground may be permitted on any residential lot.

11.

No more than two antennas and related support structures which are similar to amateur antennas and support structures or to home television antennas and support structures, but which are used for non-amateur or non-home televisions purposes, such as short-wave listening or communications monitoring, and which exceed the height of 15 feet above ground, shall be permitted on any residential lot.

(08-05)

Applicability

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.

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.

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.

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).

Required Findings for a Wireless Telecommunications Facility

All wireless telecommunications facilities permitted by this section shall be subject to the following findings:

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.

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.

The wireless telecommunications facility as proposed is consistent with the requirements of subsections E through K of this section.

Height and Location Standards

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.

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.

No wireless telecommunications facility shall be located within or project into any required setbacks of the underlying land use district.

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.

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.

Operation and Security

A wireless telecommunications facility shall comply with all applicable building codes.

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.

A wireless telecommunications facility shall be protected against unauthorized access.

The Director may require that a wireless telecommunications facility be enclosed by a fence, the design of which shall be approved by the Director.

All uses ancillary to the wireless telecommunications facility other than equipment essential for the operation of the facility shall be prohibited on the site.

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.

Collocation and Use of Existing Structures

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.

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.

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.

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.

Design Review and Visual Impact

All wireless telecommunications facilities shall be subject to architectural review pursuant to the provisions of Chapter 16.300.

All wireless telecommunications facilities shall comply with Commercial Antenna/Wireless Telecommunication Facilities Guidelines (Guidelines) contained in Council Resolution No. 2008-70.

A wireless telecommunications facility shall be located, installed, and mounted to have the minimum adverse visual impact on surrounding areas, parks, and roadways.

Antennas and accessory wireless equipment shall be painted in a non-reflective color.

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.

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.

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.

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.

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.

Notice Requirements

The following notification requirements shall apply to all applications for wireless telecommunications facility permitted by this chapter.

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.

Notices shall be sent not less than ten days prior to any action taken on the application.

Telecommunication Facilities Located in Rights-of-Way

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.

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:

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.

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.

An installation on an existing support structures will be flush-mounted and will not:

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;

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.

For new support structures, there is no existing support structure that can accommodate the facilities required, and

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.

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.

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:

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.

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.

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.

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.

Notice of change of ownership of the facility shall be provided to the City.

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).

All changes and modifications to an approved facility shall require prior approval by the City.

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.

Application Procedure

An application for the approval of a wireless telecommunications facility shall include, but is not limited to, the following information:

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.

A report signed by a licensed professional engineer with expertise in radio communication facilities containing:

The number, type, and design of the proposed antenna array;

The make, model, and manufacturer of the proposed antenna array;

A description of the proposed antenna array and all related fixtures, support structures, appurtenances and apparatus, including height above grade, materials, and lighting;

The frequency, modulation, and class of service;

Transmission and maximum effective radiated power;

Direction of maximum lobes and associated radiation; and

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.

A report signed by a licensed professional engineer specializing in structural engineering, containing the following:

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.

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.

A certification that the applicant will allow collocation on the facility wherever technically and economically feasible and aesthetically desirable.

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.

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.

Scaled drawings of the proposed facility and visual simulations showing the proposed facility superimposed on photographs of the existing site and surroundings.

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.

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.

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.

Abandonment

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.

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)