The purpose of this chapter is to provide placement, design and screening criteria for wireless communication facilities in order to protect the public health, safety, general welfare, and quality of life in Brea while preserving the rights of wireless communication providers. The City Council has found and determined that these regulations and guidelines for wireless communication facilities are necessary to attain these goals. These regulations are intended to supersede applicable provisions of the Zoning Ordinance pertaining to wireless communication facilities, and to establish flexible guidelines for the governance of wireless communications facilities which recognize the unique land use distribution, topography, and aesthetic characteristics of the City of Brea. Wireless communication facilities are prohibited in the City of Brea except as otherwise provided herein.
(Ord. 996, 8-5-1997)
In the event an emergency or disaster is declared for the area, the Development Services Director may exempt wireless communication facilities from the requirements of this chapter during the duration of such emergency or disaster.
(Ord. 996, 8-5-1997)
Unless otherwise stated, the following definitions pertain to this chapter.
"Antenna."
A device used in communications which radiates and/or receives any radio or television signals for commercial purposes, including, but not limited to, commercial cellular, personal communication service, wireless modem signals, and/or data radio signals. "Antenna" shall not include any noncommercial satellite dish antenna or any antenna utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception purposes.
"Building-mounted."
Mounted to the side of a building, to the facade of a building or to the side of another structure such as a water tank, church steeple, freestanding sign, or similar structure, but not to include the roof of any structure.
"Cellular."
An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites.
"Co-located."
The usage of a single support structure and/or site by more than one wireless communications provider.
"Eligible facilities request."
Modification to a wireless communication facility as defined in Title 47, Code of Federal Regulations, § 1.6100(b)(3).
"Ground-mounted."
Mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting an antenna.
"Major wireless communication facility."
A wireless communication facility that is ground-mounted, and a wireless communication facility that is mounted in any manner on property or buildings owned by the city or in the public right-of-way over which the city has regulatory authority, except for the ones provided in the definition of "minor wireless communication facility."
"Minor wireless communication facility."
A stealth wireless communication facility that is a building-, facade-, wall-, or roof-mounted, which is concealed, and a wireless communication facility that is mounted in any manner on property or buildings owned by the city or in the public right-of-way over which the city has regulatory authority, pursuant to a master agreement with the city.
"Monopole."
A structure composed of a single spire used to support antennas or related equipment.
"Mounted."
Attached or supported.
"Personal communication services."
Any form of commercial communications service utilizing digital wireless radio communication technology, having the capacity for multiple communications services and the routing of calls to individuals, regardless of location. "Personal communication services" shall also mean and include "personal wireless services" as defined in Section 704 of the Telecommunications Act of 1996.
"Roof-mounted."
Mounted above the eave line of a building.
"Stealth facility."
Any wireless communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna.
"Substantial change."
This term shall have the same meaning as the term "substantial change" as defined in Title 47, Code of Federal Regulations, § 1.6100(b)(7).
"Wireless communication facility."
A facility consisting of any commercial antenna, monopole, microwave dish and/or other related equipment, or combination thereof, necessary to the transmission and/or reception of any radio or television signals for commercial purposes, including but not limited to, commercial cellular, personal communication service, wireless modem, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides commercial wireless communications services to the public. "Wireless communication facility" does not include any radio or television facility which is exempt from local regulation pursuant to state or federal law.
(Ord. 996, 8-5-1997; Ord. 1204, 9-4-2018; Ord. 1247, 3-19-2024)
The following uses are prohibited within the City of Brea:
A. 
Ground-mounted antenna structures on prominent ridge lines as defined in § 20.56.020 of the Brea Zoning Code.
B. 
Any facility located in residential zones.
C. 
Any facility in the open space areas unless located on an existing pole or structure and the applicant has shown to the City Planner that there is no reasonable alternative.
(Ord. 996, 8-5-1997; Ord. 1139, 5-18-2010)
A. 
Placement of wireless communication facilities.
1. 
Wireless communication facilities shall be located in the following order of preference:
a. 
Co-located with other wireless communication facilities.
b. 
On existing structures such as buildings, communication towers, and utility facilities.
c. 
In industrially zoned districts.
d. 
In commercially zoned districts.
2. 
Wireless communications facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.
3. 
Ground-mounted wireless communication facilities shall be located in close proximity to existing above ground utilities, such as electrical towers or utility poles (which are not scheduled for removal or undergrounding in the next eighteen (18) months), light poles, trees of comparable heights, and in areas where they are otherwise visually compatible and will not detract from the appearance of the city.
4. 
For all ground-mounted communication facilities, the support structures shall be set back from all residential property lines a distance equal to and no less than, the height of the highest point of the wireless communication facility.
5. 
Wireless communication facilities shall not be located within 1,000 feet of any communication facility except when located on an existing building, structure or wireless facility. For the purpose of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communication facility.
B. 
Design standards.
1. 
Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other legally required seals or signage.
2. 
Accessory equipment shall meet the following standards:
a. 
All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located, subject to City approval.
b. 
Accessory equipment permitted to be located above ground shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.
c. 
Accessory equipment enclosures shall be limited to the housing of radio, electronic and related power equipment, and shall not be used for any other purpose, including storage.
3. 
Wireless communication facilities shall have subdued colors and non-reflective materials which blend with surrounding materials and colors.
4. 
All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture and or materials of the building.
5. 
The monopole foundation and structures upon which antenna are to be mounted, shall be no greater in diameter or cross sectional dimension than is necessary for the proper functioning of the wireless communication facility. However, such facility shall be designed to accommodate at least two antennas.
6. 
In considering an application for any wireless communication facility, the Planning Commission and the City Planner shall consider the cumulative visual effects of existing wireless communication facilities in determining the location of an additional facility and in imposing conditions on the facility, all as necessary to minimize negative visual impacts of the applied for facility.
7. 
Security fencing, if permitted or required, shall conform to the following:
a. 
No fence shall exceed seven feet in height.
b. 
The fencing material shall be compatible with the underlying zoning requirements. Chain link fencing shall not be permitted.
c. 
Security fencing shall be screened from view through the use of appropriate landscaping material.
C. 
Height standards.
1. 
Major wireless communication facilities utilizing a free-standing support structure shall be limited to the maximum building height for the applicable zoning district.
a. 
In zoning districts with no maximum height limits, the wireless communication facility shall not exceed 35 feet in height above the ground.
2. 
Building-, façade-, wall-, or roof-mounted minor wireless communication facilities shall be limited to ten (10) feet above the existing building height or maximum height permitted for the applicable zone, whichever is greater.
3. 
The Planning Commission may consider approval of facilities proposed to exceed the maximum height limit subject to the review and approval of a variance application consistent with § 20.412.010 of the Zoning Code.
D. 
Noise. A noise generating equipment shall meet the requirements of the Brea Noise Ordinance as set forth in Chapter 8.20 of the Brea City Code.
E. 
Co-location.
1. 
All applicants shall cooperate in good faith with existing wireless communication facilities operators in co-locating additional antennas on support structures and/or on existing buildings provided the existing operator has received a permit for such use at said site from the city.
2. 
All applicants shall exercise good faith in cooperating in co-locating with other providers and sharing the permitted site, provided such proposed shared use does not prevent or unreasonably interfere with the existing use (i.e., significant interference in broadcast or reception capabilities as opposed to competitive conflict or financial burden). Such good faith cooperation shall include sharing technical information necessary to evaluate the feasibility of co-location. In the event a dispute arises as to whether a provider has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and the existing operator as to the feasibility of co-locating.
3. 
Failure to comply with the co-location requirements of this chapter may result in the denial of a permit request or revocation of an existing permit.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)
A. 
Lawfully erected public wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than three (3) months after the discontinuation of use, except as otherwise provided by law. A public wireless communication facility is considered abandoned if it ceases to provide wireless communication services for thirty (30) or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the city. The wireless communication provider shall send to the city a copy of the discontinuation notice required by the CPUC or FCC at the time the notice is sent to the regulatory agencies.
B. 
All facilities determined to be abandoned and not removed within the required three (3) month period from the date of notice shall be in violation of this chapter, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this chapter. The city may remove all abandoned facilities following the three (3) month removal period at the operators' expense. Facilities removed by the city shall be stored for no less than fifteen (15) days and thereafter be disposed of by public auction, if deemed to be of value by the city, or otherwise as permitted by law.
(Ord. 996, 8-5-1997)
A. 
In addition to the information requested in the uniform application, the following items shall be required for a wireless communication facility application:
1. 
A statement providing the reasons for the location, design and height of the proposed tower or antennas.
2. 
A map showing any existing, planned, and/or approved wireless communication facilities within 1,500 feet of the proposed new facilities site.
3. 
A current overall system plan for the city, showing facilities presently constructed or approved and the overall system in its fully completed state.
4. 
Evidence satisfactory to the City Planner demonstrating location or co-location is unfeasible on existing buildings, structures, light or utility poles, water towers, existing transmission towers, and existing tower facility sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs.
5. 
A site/landscaping plan showing the specific placement of existing structures, trees, and other significant site features; and indicating type and locations of plant materials proposed to be used to screen wireless communication facility components and the proposed color(s) for the wireless communication facility.
6. 
A signed statement indicating:
a. 
The applicant agrees to allow for the co-location of additional wireless communication facility equipment by other providers on the applicant's structure or within the same site location.
b. 
That the applicant agrees to remove the facility within three (3) months after that site's use is discontinued.
7. 
Plans showing how connections to utilities will occur, the ownership of those utilities, and any proposed right-of-way cuts or easements.
8. 
Documents demonstrating that necessary easements have been obtained.
9. 
Plans showing how vehicle access will be provided.
(Ord. 996, 8-5-1997)
A. 
New minor wireless communication facilities shall be subject to approval by the City Planner pursuant to § 20.408.040 of the Zoning Code. In considering applications for minor wireless communication facilities, the City Planner shall be guided by both the provisions of § 20.408.040 and this chapter. However, in the event of any inconsistency in such standards, or of any conflict between this chapter and any other provisions of the Brea Zoning Ordinance, the provisions of this chapter shall govern.
B. 
The City Planner shall render a decision in writing, with findings, and conditions, within thirty (30) days of receipt of a complete application. The City Planner’s decision shall be final unless a written appeal is filed with the City Planner within ten (10) business days of the date of the decision, whereupon the City Planner shall schedule a public hearing to be conducted before the Planning Commission. At the public hearing, city staff and the applicant may present any relevant evidence. The Planning Commission may affirm, reverse or modify, with or without conditions, the City Planner’s decision, and shall make written findings in support thereof. The decision of the Planning Commission shall be final.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)
Major wireless communications facilities shall be subject to approval by the Planning Commission. In considering applications for major wireless communication facilities, the Planning Commission shall be guided by the provisions of § 20.408.030 of the Brea Zoning Ordinance and this chapter. However, in the event of any inconsistencies in said standards or any conflict between this chapter and any other provisions of the Brea Zoning Ordinance, the provisions of this chapter shall govern. The decision of the Planning Commission shall be final unless appealed in writing within ten (10) business days pursuant to Chapter 20.424 of the Brea Zoning Ordinance.
(Ord. 996, 8-5-1997)
A. 
All modifications to existing minor wireless communication facilities and eligible facilities requests shall be subject to the review and administrative approval of the City Planner or their designee through the building permit plan check process.
1. 
An application for a minor modification of an eligible facilities request shall be accompanied by a narrative that explains how the modification meets the requirements of the Title 47, Code of Federal Regulations, § 1.6100.
B. 
Modifications that would result in a substantial change to an existing major wireless communication facility shall require the same approval process in accordance with an approval of a new major wireless communication facility based on the definition herein this chapter.
(Ord. 1247, 3-19-2024)
A. 
No operator of a wireless communication facility shall (1) construct, operate and/or maintain any greater number or type of wireless communication facilities than has been expressly approved pursuant to this chapter; (2) increase the number of, or modify in any way, any antennas or other above-ground equipment constituting any part of a wireless communication facility, without obtaining all applicable approvals from the city; or (3) otherwise permit any part of any approved wireless communication facility to be used for any purpose other than the use so expressly approved pursuant to this chapter.
B. 
In addition to any other remedies available, a violation of this section shall be deemed to be grounds for revocation of a wireless communication facility approval, pursuant to § 20.68.130 of this chapter.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)
Any person may apply for a variance as to the requirements set forth herein pursuant to § 20.412.010 of the Brea Zoning Ordinance.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)
Any approval granted pursuant to this chapter may, after notice and hearing, be terminated for violation of any provisions of this chapter or any other applicable laws, or for fraud or misrepresentation in the application process.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)