With the rapid growth of the telecommunications industry and subsequent development of wireless communication facilities, the purpose of this article is to:
(a) 
Provide the regulatory mechanism that accommodates the installation and development of wireless communication facilities providing a service to the residents of Turlock.
(b) 
Define the development standards for the placement and construction of wireless communication facilities consistent with the Federal Telecommunications Act of 1996.
(c) 
Minimize the proliferation of these facilities by encouraging co-location.
(d) 
Minimize the visual impacts these facilities can create in the community by promoting well-designed, inconspicuous, and appropriately placed facilities.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
(a) 
"Antenna"
shall mean any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or receiving of electromagnetic radio frequency waves.
(1) 
"Building mounted"
shall mean an antenna which is affixed to or supported by the roof or exterior wall of a building or other structure.
(2) 
"Ground mounted"
shall mean an antenna which is fully or partially supported by a platform, framework, pole, or other structural system that is affixed to or placed directly on or in the ground.
(b) 
"Co-location"
shall mean the location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. For the purposes of this article, co-location shall also include the location of wireless communication facilities with other facilities such as light standards, and other utility facilities and structures.
(c) 
"Communication tower"
shall mean any structure which is used to transmit or receive electromagnetic radio frequency waves or that supports such a device.
(d) 
"Electromagnetic radio frequency waves"
shall mean waves of electric and magnetic energy radiating away from a transmission source to be picked up by a receiving antenna for the purpose of communicating information.
(e) 
"Stealth facility"
shall mean any communication facility which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof mounted antennas, facade mounted antennas painted and treated as architectural elements to blend with an existing building, facilities designed to mimic trees (palms, pines, and the like), flag poles, church steeples, signs, and other similar structures.
(f) 
"Wireless communication facility"
shall mean a facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves.
(1207-CS, Rep&ReEn, 05/28/2015)
Every wireless communication facility constructed within the City of Turlock shall comply with all safety standards of the American National Standards Institute, Institute of Electrical and Electronic Engineers, Public Utilities Commission, Federal Communications Commission, California Building Code, National Electrical Code, the Turlock Municipal Code and any other codes and standards as applicable.
(1207-CS, Rep&ReEn, 05/28/2015)
All wireless communication facilities shall be subject to the following permitting requirements:
(a) 
Prohibited. Facilities in an R district which do not meet the following requirements:
(1) 
Are building mounted, entirely stealthed freestanding facilities, or totally enclosed within a building.
(2) 
If building mounted, are located or screened so as to prevent any public view or are architecturally designed to appear as an integral part of the building on which it is attached.
(3) 
If freestanding, are located on a property one (1) acre in size or larger unless the Development Services Director determines that the facility is designed to minimize visual impact to neighboring properties.
(b) 
Discretionary permit not required. New wireless communication facilities and minor expansions as defined in Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 which will be co-locating on or within an existing approved tower or facility and comply with all applicable provisions of this article shall not be required to obtain a discretionary permit. New facilities authorized under this subsection must incorporate the same stealthing technique as utilized on the existing wireless communication facility. A visual simulation showing the proposed facility superimposed on photographs of the existing facility on the site with the existing surroundings shall be submitted as part of the building permit application.
(c) 
Minor discretionary permit.
(1) 
Minor discretionary permit required. The following facilities require a minor discretionary permit:
(i) 
All building mounted facilities, located in industrial or the heavy commercial (C-H) zoning districts (including planned developments of an industrial or heavy commercial nature) which comply with the regulations contained in this article including, but not limited to, height, location, visual compatibility, and screening.
(ii) 
All ground mounted facilities located in an industrial zoning district (including planned developments of an industrial nature), which are located at least five hundred (500') feet from a residential zoning district or the boundary of the beautification master plan area, and comply with the height, location, visual compatibility, and screening requirements contained within this article.
(2) 
Findings for approval. An application for a minor discretionary permit for a wireless communication facility may be granted as provided in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits), and if it is found that all of the following additional findings can be made:
(i) 
The design and placement of the wireless communication facility, including support equipment and structures, will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area or neighborhood.
(ii) 
The applicant has demonstrated that the wireless communication facility is a stealth facility and will have the least possible visual impact on the environment taking into account technical, engineering, economic and other relevant factors.
(iii) 
The wireless communication facility complies with the height, screening, and visual compatibility requirements contained within this article.
(d) 
Conditional use permit.
(1) 
Conditional use permit required. The following facilities require a conditional use permit:
(i) 
All facilities in an R district that are not prohibited by this article.
(ii) 
All building-mounted facilities located in a commercial zoning district, except in the heavy commercial (CH) district when approved pursuant to subsection (c) of this section.
(iii) 
All ground mounted facilities that are located in a commercial zoning district.
(iv) 
All ground mounted facilities that are located in an industrial zoning district, but are within five hundred (500') feet of the Beautification Master Plan area or a residential zoning district.
(v) 
All facilities that do not comply with the height, location, visual compatibility or screening requirements of this article.
(vi) 
For those facilities where the Development Services Director determines the project may create a significant impact to the neighborhood.
(2) 
Findings for approval. An application for a conditional use permit for a wireless communication facility may be granted as provided in Article 6 of Chapter 9-5 TMC, and if it is found that the following additional findings can be made:
(i) 
The design and placement of the wireless communication facility, including support equipment and structures, will not adversely impact the use of the property, other buildings and structures located on the property, or the surrounding area of neighborhood.
(ii) 
The applicant has demonstrated that the wireless communication facility is a stealth facility and will have the least possible visual impact on the environment taking into account technical, engineering, economic, and other relevant factors.
(iii) 
The approval of the proposed wireless communication facility will not affect the purposes of this article as defined in TMC 9-2-601.
(iv) 
The proposed wireless communication facility conforms to the greatest extent possible with the provisions of this article.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
Prior to application submittal, applicants shall attend a pre-application meeting concerning the proposed project to review potential sites based upon the applicant's geographic service area and to determine the appropriate review process based upon the location and type of proposed facility. The applicant shall provide all required application materials listed in subsection (a) of this section for the pre-application meeting at least three (3) working days prior to the meeting and in accordance with the procedure established by the Development Services Director.
(a) 
Additional materials required. In addition to the other information and materials required as part of a minor discretionary permit or conditional use permit application, any application for a wireless communication facility shall also provide the following:
(1) 
Base map. The map must show parcel boundaries with the subject property highlighted and all zoning districts within five hundred (500') feet of the subject property clearly noted.
(2) 
Master propagation plan. The master propagation plan shall include a narrative, in lay terms, and graphic representation showing the location and type of all existing facilities, plus the applicant's proposed facilities during the next twelve (12) calendar months, within the boundaries of the City and the surrounding one-half (1/2) mile thereof.
(3) 
Site justification study. All applicants shall complete a site justification study, and include the following information:
(i) 
Rationale. Site location; site description; top three (3) alternate locations; radio frequency cluster map and search ring for proposed site; reasons for choosing final location; how site design minimizes impact on surrounding land uses; site demand (capacity/coverage).
(ii) 
Co-location. Is site suitable for future co-location and why or why not; could site be co-located at existing nearby site and why or why not.
(iii) 
Height. Using nontechnical language, describe the reasoning for the requested height of the proposed facility.
(iv) 
Equipment. Describe the potential to place all support equipment underground.
(v) 
Use of site. Provide a statement of intent on whether there will be any excess space available and if it may be leased.
(vi) 
Contact person. If the applicant's representative is not the contact person, an individual or individuals who are available to meet with or respond to questions and concerns from residents, business, or property owners regarding the proposed facility.
(4) 
Visual simulations. The applicant shall submit scaled visual simulations, showing the proposed facility superimposed on photographs of the site and surroundings, to assist in assessing the visual impacts of the proposed facility and its compliance with the provisions of this section.
(5) 
Expert evaluation. A professional telecommunications expert shall perform an evaluation of the radio frequency certifying that the frequency levels meet Federal standards and that the facility will not interfere with the City's or other public entities' emergency broadcast systems.
(6) 
Special studies. Any special studies required for environmental review.
(7) 
Other application materials. Any other materials deemed necessary by the Director of Development Services.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
All wireless communication equipment, antennas, poles, or towers shall be constructed at the minimal functional height. Building mounted facilities shall not exceed fifteen (15') feet in height greater than the maximum height permitted for the district in which it is located. Height limits for all ground mounted facilities shall be subject to the following standards:
Maximum Height for Ground Mounted Facilities
Distance from a Residential (R) District*
Maximum Height
Between 0 – 25 feet
1 foot per 1 foot of distance from a residential district
Between 25 – 50 feet
25 feet
Between 50 – 150 feet
35 feet
Greater than 150 feet
50 feet
* Distance is measured from the proposed facility to the nearest R district boundary.
(1207-CS, Rep&ReEn, 05/28/2015)
At a minimum, all new facilities shall comply with the following setback requirements:
(a) 
For every one (1') foot in height of the proposed facility, the facility shall be set back one (1') foot from any street frontage.
(b) 
When abutting an R district, a minimum setback shall be provided as follows: rear yard: fifteen (15') feet; side yard: ten (10') feet.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
(a) 
All wireless communication facilities shall be screened or camouflaged so as to not be readily visible from off site. Existing site features shall be used to screen the facility, including equipment panels or structures, where possible. Such screening shall include dense evergreen landscaping, solid fencing, or a combination of both.
(b) 
All towers, antennas, equipment structures, or panels must be architecturally and visually compatible with surrounding buildings, structures, vegetation and/or uses in the area.
(c) 
All antennas, towers, or related equipment shall be coated with a nonreflective finish or paint consistent with the background area where the facility is to be placed.
(d) 
Building mounted antennas and all other equipment shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive.
(e) 
New wireless communication facilities shall be co-located with other existing or planned facilities where feasible to minimize visual impact.
(Formerly 9-2-609; 1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
The service provider of a wireless communication facility shall notify the City of the intent to discontinue operation no less than thirty (30) days before discontinuance. Upon the discontinuance of use, all related equipment shall be removed and the property restored to the preconstruction condition within ninety (90) days of the cessation of operation.
(Formerly 9-2-610; 1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)