This chapter provides regulations to control the installation of antennas and other wireless telecommunications facilities. The purposes of these regulations are to maintain neighborhood character, protect public health and safety, and maintain and enhance the aesthetic and scenic qualities of the town. It is the intent of this chapter to permit antennas and wireless telecommunication facilities where they can be installed without creating an adverse economic, safety, and/or aesthetic impacts on neighboring properties and the overall community.
(Ord. 205 § 1 (Exh. A), 2003)
This chapter applies to all proposed antennas and other wireless telecommunication facilities, as follows.
A. 
Facilities for which applications were received by the town but not approved prior to the effective date of this chapter, and facilities for which applications are filed after the effective date of this chapter, shall comply with the regulations and guidelines of this chapter.
B. 
Facilities for which applications were approved by the town and/or building permits issued on or prior to the effective date of this chapter shall be exempt from the requirements of this chapter, except for the requirements for validation of proper operation, monitoring, and removal of abandoned facilities, and for any proposed modification to an existing facility.
(Ord. 205 § 1 (Exh. A), 2003)
Each telecommunications facility shall require minor use permit or use permit approval in compliance with Section 13.64.050. The town encourages project proponents to submit a single application for multiple antenna sites. Applications for multiple sites shall be given priority in the review process.
A. 
Projects Requiring Minor Use Permit Approval. A minor use permit shall be required for the following wireless communication facilities:
1. 
A co-located facility at a site identified by Section 13.44.040(A);
2. 
A facility located on property owned, leased, or otherwise controlled by the town.
B. 
Projects Requiring Use Permit Approval. The commission shall have the authority to approve wireless communication facilities other than those listed in subsection A.
C. 
Application Requirements. An application for the approval of a wireless telecommunications facility shall include the following information, in addition to all other information required by the town for a minor use permit or use permit application.
1. 
Written documentation demonstrating a good faith effort in locating facilities in accordance with the location requirements in Section 13.44.040.
2. 
Where required by the director, visual simulations showing the proposed facility superimposed on photographs of the site and surroundings as viewed from residential properties and public rights-of-way at varying distances, to assist the review authority and the public in assessing the visual impacts of the proposed facility and its compliance with the provisions of this chapter.
3. 
A diagram or map showing the viewshed of the proposed facility (all areas of the town from which the facility will be visible).
4. 
A map or description of the service area of the proposed wireless telecommunications facility and an explanation of the need for the facility.
5. 
A map showing the locations and service areas of other wireless telecommunications facility sites operated by the applicant and those that are proposed by the applicant that are close enough to affect service within the town.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Limitation on Allowable Locations. The placement of new wireless telecommunications facilities within the town shall be limited to co-located facilities at the following established sites, except as otherwise provided by subsection B.
1. 
Del Oro High School;
2. 
Loomis Fire Protection District Fire Station;
3. 
The Doupnik Manufacturing site;
4. 
The PCWA water tank on Rocklin Road; and
5. 
The town corporation yard.
B. 
Additional Sites. The review authority may approve a wireless telecommunications facility on a site other than those listed in subsection A only in compliance with the following requirements.
1. 
Prohibited Locations. No wireless telecommunications facility shall be established within a residential zoning district or on a parcel otherwise developed with a legally established residential use.
2. 
Site Selection Criteria. Each facility shall be located to minimize its aesthetic/visual impact on the surrounding community. Ground-mounted non-stealth facilities shall be located only in proximity to existing aboveground utility poles or facilities that are not scheduled for eventual undergrounding, light poles, or trees of comparable height.
3. 
Antenna Placement Requirements. The methods preferred by the town for the placement of an antenna are as follows, in order of preference:
a. 
On public property;
b. 
A stealth facility integrated into the architecture of an existing structure (e.g., within a building tower or church steeple);
c. 
A stealth facility on an existing pole (for example, a light standard);
d. 
On a co-located tower; or
e. 
On a new monopole.
4. 
Co-Location Required. A permittee shall cooperate with other wireless telecommunications facility providers in co-locating, and allowing the co-location of additional antennas on approved support structures and/or on existing buildings. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site, provided that the shared use does not cause substantial technical impairment of the permittee's ability to provide appropriate service (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Good faith shall include sharing technical information to evaluate the feasibility of co-location. If a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the town may require a third party technical study at the expense of either or both the applicant and permittee. All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal. Failure to comply with the co-location requirements of this section may result in the denial of a permit request, or revocation of an existing permit.
5. 
Required Findings. A new wireless telecommunications facility may be approved in a location other than those listed in subsection A and/or with other than stealth equipment, only where the review authority first finds, based on substantial evidence provided by the applicant that:
a. 
The location of the proposed site is essential to meet the service demands of the carrier, and no other alternative site or type of antenna support structure is feasible. This shall be documented by the applicant providing a list of the locations of preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure the preferred sites, and the specific reasons why those efforts and measures were unsuccessful.
b. 
The use of a monopole for the proposed facility by itself or in combination with other existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use compatibility, visual resources, and public safety.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Height. Each wireless communications facility shall comply with the height limitations of the applicable zoning district.
B. 
Setbacks.
1. 
Towers and Support Structures. Towers, guys, and accessory structures shall comply with the setback requirements of the applicable zoning district.
2. 
Attached Facilities. A wireless communications facility antenna array that is attached to another structure may extend up to five feet horizontally beyond the edge of the attachment structure regardless of setback requirements, provided that the antenna array shall not encroach over an adjoining parcel or public right-of-way.
C. 
Visual Compatibility Standards. Wireless communications facility structures and equipment shall be sited, designed, and screened to blend with the surrounding natural or built environment, to reduce visual impacts to the maximum extent feasible. Visual compatibility shall be accomplished through the following measures.
1. 
To the extent feasible, all building-mounted telecommunications facilities shall be sited and designed to appear as an integral part of the structure or otherwise minimize their appearance.
2. 
Wall-mounted antennas shall be integrated architecturally with the style and character of the structure or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly-created architectural feature so as to be completely screened from view. To the extent feasible, wall-mounted antennas should not be located on the front, or most prominent facade of a structure, and should be located above the pedestrian line-of-sight.
3. 
Roof-mounted antennas and associated equipment shall be located as far back from the edge of the roof as possible to minimize visibility from street level. The construction of a roof-top parapet wall to hide the facility may be required when deemed appropriate by the review authority.
4. 
Base stations, equipment cabinets, back-up generators, and other equipment associated with building-mounted antennas should be installed within the existing building envelope or underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or otherwise architecturally treated to minimize its off-site visibility, and to visually blend with the surrounding natural and built environments. Equipment buildings should employ an architectural style and exterior building materials consistent with the surrounding development and/or land use setting.
5. 
In certain open space or hillside locations that would be generally viewed from a distance, it may be appropriate to design facilities to resemble a natural feature (e.g., tree or rock outcrop). Other innovative design solutions may be appropriate where the screening potential of a site is low (i.e., disguise facility as a landscape element, public art, etc.).
6. 
Facilities should not be located on historically or architecturally significant structures unless visually and architecturally integrated with the structure, and should not interfere with prominent vistas or significant public view corridors.
7. 
Facilities should be sited to avoid adverse impacts to existing views from surrounding residences.
8. 
No advertising signage or identifying logos shall be displayed on any wireless telecommunications facility, except for small identification plates used for emergency notification.
9. 
Each applicant shall demonstrate that a proposed facility has been designed to attain the minimum height required from a technological standpoint for the proposed site.
10. 
Antennas and associated structures and equipment shall be painted to blend with the structures, vegetation, sky, or landscape against which they will be primarily viewed.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Noise and Traffic. Wireless communications facilities shall be constructed and operated in a manner that minimizes noise and traffic impacts. Back-up generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall occur only on weekdays between 8:30 a.m. and 4:30 p.m.
B. 
NIER Exposure. No telecommunications facility or combination of facilities shall at any time exceed the FCC adopted NIER (Nonionizing Electromagnetic Radiation) standard for human exposure. The owner of each telecommunications facility shall demonstrate continued compliance with the FCC NIER standard by submitting an annual report to the town that documents compliance with the standard.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
An applicant for a wireless telecommunications facility shall be required to enter into a performance agreement with the town that stipulates that the applicant and successors in interest shall properly maintain and ultimately remove, if required, the approved wireless telecommunications facilities in compliance with this chapter and any conditions of permit approval. The carrier shall provide financial security in a form acceptable to the town, to ensure that the approved facility is properly maintained, and to guarantee that the facility is dismantled and removed from the premises if it has been inoperative or abandoned for a period of six months or more, or upon expiration of the permit applications.
B. 
The posting of financial security may also be required as a condition of approval to pay the cost for preparation of electromagnetic frequency radiation reports evaluating the conformance of approved and operative facilities with applicable health standards adopted by the Federal Communications Commission. The applicant may post a single financial security in an amount equal to the cost of preparing the electromagnetic frequency radiation report for buildout of the applicant's network facilities plan.
(Ord. 205 § 1 (Exh. A), 2003)
A wireless communication facility that is not operated for a continuous period of six months shall be considered abandoned, and the owner shall remove the facility within ninety days of notice from the town. If the facility is not removed within ninety days, the town may remove the facility at the owner's expense. If there are two or more users of a single wireless communication facility, then these provisions shall not become effective until all users cease using the facility.
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Applicability. Satellite antennas with a diameter larger than one meter shall also comply with the following requirements, when these provisions are not in conflict with applicable state and federal regulations. Home satellite antennas with a maximum diameter of one meter or less are not regulated by the town.
B. 
Permit Requirement. Zoning clearance shall be required for antennas with a diameter of seventy-two inches or less; minor use permit approval shall be required for larger antennas. The permit application shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, and proposed method of screening, in addition to all other information and materials required for applications by this title.
C. 
Location. No antenna shall be located within any required front or street side yard setbacks in any zoning district. In addition, no portion of an antenna shall extend beyond the property lines.
D. 
Color. Each antenna and supporting structure shall be painted a single, neutral, non-glossy color (for example, earth-tones, gray, black) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.
E. 
Wiring. All electrical and antenna wiring shall be placed underground whenever possible.
F. 
Residential Districts. Antennas within residential zoning districts shall comply with the following standards:
1. 
Only ground-mounted antennas shall be permitted. Ground-mounted antennas shall be located in the rear yard of the site;
2. 
The height of an antenna shall not exceed fifteen feet;
3. 
Only one antenna may be permitted on any site;
4. 
The antenna shall be separated from adjacent properties by at least a six-foot high solid wall or fence or by plants or trees of equal minimum height;
5. 
An antenna that is taller than adjacent property line fences shall be located away from the side or rear property line at a distance equal to or greater than the height of the antenna;
6. 
The diameter of the antenna shall not exceed ten feet. This provision may be modified by the director if strict compliance would result in no/poor satellite reception; and
7. 
The antenna shall be used for private, noncommercial, purposes only.
G. 
Nonresidential Districts. Antennas within nonresidential zoning districts may be roof or ground-mounted, and shall comply with the following standards:
1. 
A roof-mounted antenna shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall, or screening shall be determined by the director;
2. 
A ground-mounted antenna shall not be located between a structure and an adjacent street and shall be screened from public view and neighboring properties;
3. 
The location and height of the antenna shall comply with the requirements of the applicable zoning district; and
4. 
If the subject site abuts a residential zone, all antennas shall be set back a minimum distance from the property line equal to the height of the antenna, unless otherwise screened from view.
H. 
Overriding Standards. Each satellite antenna, including portable units and dish antennas, shall be designed, installed, and maintained in compliance with the regulations of the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC).
(Ord. 205 § 1 (Exh. A), 2003)
A. 
Permit Requirement. A proposed single pole/tower amateur radio antenna shall require minor use permit approval.
B. 
Standards. Each single pole/tower amateur radio antenna shall be designed, constructed and maintained as follows:
1. 
The antenna shall not exceed the minimum height determined by the review authority to be necessary to achieve effective transmission and reception. The applicant shall provide information and fund any expert evaluation required by the review authority to document the minimum height required to the satisfaction of the review authority.
2. 
Any boom or other active element/accessory shall not exceed twenty-five feet in length;
3. 
The antenna may be roof or ground mounted; and
4. 
Shall not be located in any front or side yard setback.
(Ord. 205 § 1 (Exh. A), 2003)