This chapter is enacted to establish a consistent set of standards to regulate the placement and design of antennas and wireless communication facilities in the city of Millbrae. The installation of antennas and wireless communication facilities may affect the public health, safety and welfare, as well as the aesthetic quality of life by creating unattractive appurtenances to buildings and open areas, by blocking and degrading views, and by creating visual clutter.
The standards established in this chapter are intended to protect and promote public health, safety, community welfare and the aesthetic quality of life by encouraging the orderly development of wireless communication facilities. This chapter also is intended to regulate the placement of certain antennas due to their size and commensurate visual and aesthetic impact in order to promote public safety and protect the aesthetic quality of the community.
The standards established by this chapter are the minimum necessary to obtain the community objectives of promoting public health, safety and aesthetics while providing for reasonable signal access.
(1976 Code § 10-6.01; Ord. 634 § 1)
As used in this chapter, the following terms are defined in this section:
"Amateur radio facility"
means a wireless communication facility operated by a federally licensed amateur radio operator as part of the amateur radio services.
"Amateur radio operator"
means a person holding a written authorization to be the control operator of an amateur radio facility. This authorization may be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multi-national license or permit recognized by treaty as valid in the United States.
"Amateur radio services"
means the radio communication services including the amateur-satellite service and the amateur service, which are for the purpose of self-training, intercommunication and technical investigations carried out by amateurs who are duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest, as defined in Title 47, Code of Federal Regulations, Part 97 and regulated thereunder.
"Antenna"
means any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. See also "Satellite dish or satellite antenna."
"Co-location"
means the installation of several wireless communication facilities operated by two or more entities on a single parcel.
"Commercial wireless communication facility"
means a wireless communication facility operated by a for-profit business. See, by contrast, "Noncommercial wireless communication facility."
"Federal Communications Commission (FCC)"
is the federal agency charged with regulating communications, radio and television.
"Ground-mounted"
means any antenna which is attached to a support structure resting on the ground, and has an overall height not greater than ten feet above finished grade at the base of the structure. This definition includes antennas which are sometimes referred to as "post mounts" and "ground builds."
"NIER professional"
means a certified professional electrical engineer, health physicist or other technical expert with an understanding of NIER and its health effects. An NIER professional must have substantial professional experience performing environmental measurements of radiofrequency (rf) exposure and preparing rf environmental evaluation reports for a variety of entities.
"Noncommercial wireless communication facility"
means a wireless communication facility operated by a government agency, a nonprofit organization, or a private citizen for personal use. It includes all amateur radio facilities. See, by contrast, "Commercial wireless communication facility."
"Nonionizing electromagnetic radiation (NIER)"
means electromagnetic radiation associated with the extra low frequency, radio, microwave, infrared and visible light portion of the electromagnetic spectrum.
"Operator"
means any person or organization that controls the operation and maintenance of a wireless communication facility.
"Radiofrequency (rf)"
means pertaining to the electromagnetic spectrum between the audio-frequency portion and the infrared portion.
"Roof-mounted"
refers to a wireless communication facility that is mounted on the roof or otherwise outside, on the top-most level or levels of a building.
"Satellite dish" or "satellite antenna"
means any device incorporating a reflective surface that is solid, open mesh, or bar configured to form a shallow dish, cone, horn or cornucopia used to transmit and/or receive electromagnetic signals. This definition includes antennas that are sometimes called "SES," "TYRO," "TUBS," and "DBS."
"Stealth mount"
means a way of mounting an antenna that hides the antenna by making it appear to be a part of a structure or tree.
"Structure-mounted"
means any antenna which: (1) is not attached to a dedicated support structure resting on the ground; and (2) is attached to a building, billboard, tank, sign, utility pole, or other structure. This definition includes antennas sometimes referred to as "facade mounts" and "sign mounts."
"Tower-mounted"
means any antenna which is attached to a dedicated support structure resting on the ground whose principal use is to support wireless communication equipment and has an overall height greater than ten feet above finished grade at the base of the structure. This definition includes antennas that are sometimes referred to as "monopoles," "lattice towers" and "guyed towers."
"Wireless communication facility"
means the equipment and associated structures needed to transmit and/or receive electromagnetic signals. A wireless communication facility typically includes antennas, supporting structures, enclosures and/or cabinets housing associated equipment, cable, access roads and other accessory development. Receive-only radio and television antennas and satellite dishes or antennas are excluded from this definition.
(1976 Code § 10-6.02; Ord. 634 § 1)
The following facilities shall be exempt from the regulations of this chapter, and shall be permitted provided that the following conditions are met:
A. 
Receive-only radio and television antennas, including satellite dishes one meter or less in diameter in residential zones, or two meters or less in diameter in commercial and industrial zones, provided that:
1. 
Only one such antenna is installed on any single parcel;
2. 
The antenna meets all height, setback, lot coverage and other limitations on structures in its zoning district;
3. 
The antenna is not installed between a public street and a structure; and
4. 
All required building permits are obtained.
B. 
Amateur radio facilities, provided that all antennas and supporting structures meet the following requirements:
1. 
Only one amateur radio facility shall be installed on any single parcel, and all fixed radio equipment, antennas and antenna support structures so installed shall be included as part of that single facility;
2. 
All fixed radio equipment, antennas and antenna support structures shall comply with setback, lot coverage and other requirements of its zoning district except height;
3. 
If the antenna or antennas are tower-mounted, the height of the supporting tower shall not exceed thirty-five feet above the natural grade below when the station is not in use;
4. 
The overall height of the antenna and the supporting structure shall not exceed seventy-five feet above the natural grade below when the station is in use. The use of the minimum functional height is encouraged;
5. 
Multiple antennas shall be grouped so as not to exceed nine square feet in area when feasible;
6. 
All required building permits shall be obtained; and
7. 
The operator of the amateur radio facility shall be licensed by the FCC as an amateur radio operator or shall be an alien amateur radio operator permitted to operate an amateur radio station in the United States by treaty or statute.
C. 
Temporary wireless communication facilities providing public information coverage of a news event. Mobile facilities providing public information coverage of news events may be set up on public or private property for a duration of seventy-two hours or less.
Facilities not meeting these exempt conditions, see MMC § 10.30.050.
(1976 Code § 10-6.03; Ord. 634 § 1)
All wireless communication facilities in the city, with the exception of those exempted in MMC § 10.30.030, shall meet the following general requirements, regardless of the zoning district in which they occur:
A. 
Compliance. Wireless communication facilities shall comply with all applicable general plan goals, objectives, programs and policies, specific plans, planned unit development standards, design guidelines and the permit requirements of any agency(s) having jurisdiction over the project; all the requirements established by the Millbrae Municipal Code that are not in conflict with the requirements contained in this chapter; the Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, where applicable; any applicable airport land use compatibility criteria/policies and Federal Aviation Administration regulations; any applicable easements or similar restrictions on the subject property; all setbacks required by the zoning district in which the wireless communication facility is located, with the exception of possible encroachment of the antenna array into airspace over said setback; and all Federal Communications Commission (FCC) rules, regulations and standards.
B. 
Registration. The owner or agent for the owner of a wireless communication facility shall provide information to assist the city in maintaining an accurate inventory of wireless communication facilities within its area, in order to allow for the enforcement of this chapter, provide accurate information, collect license fees or charges that may be due the city and monitor compliance with local, state and federal laws. Required information is shown in MMC § 10.30.070(A).
C. 
Permit Required. All wireless communication facilities, other than those designated as exempt in MMC § 10.30.030, require either an administrative permit or a use permit, as described in MMC § 10.30.050, and must also comply with all radiofrequency exposure requirements described in MMC § 10.30.060.
D. 
Building Permit Required. All wireless communication facilities shall require a building permit issued by the city.
E. 
Height.
1. 
All wireless communication facilities shall be of the minimum functional height.
2. 
No wireless communication facility, except an amateur radio facility, may exceed the allowed height in its zoning district, unless this height limit would eliminate the operator's ability to provide service in an area.
3. 
No roof-mounted wireless communication facility, except an amateur radio facility, may exceed the height of the zoning district or be more than fifteen feet taller than the roof of the building on which it is mounted, whichever is more restrictive.
4. 
If an operator wishes to apply for an exception to these height limitations, then an alternatives analysis must be completed as described in MMC § 10.30.070(F).
5. 
The height to which any antenna may be extended, whether freestanding or attached to a building, shall be measured vertically from the finished grade of that portion of the property on which the antenna is erected or installed to the highest part of the antenna directly above.
F. 
Screening. All wireless communication facilities shall be screened to the maximum extent possible, pursuant to the following requirements:
1. 
Ground- And tower-mounted antennas and all accessory structures should be located within areas where substantial screening by vegetation can be achieved. Additional vegetation and/or other screening may be required as a condition of approval.
2. 
Structure-mounted antennas shall be stealth-mounted. The projection of structure-mounted antennas from the face of the structure to which they are attached should be minimized.
3. 
Roof-mounted antennas must be set back from the edge of the roof a distance greater than or equal to the height of the antenna. For roof-mounted antennas, a screening structure that is architecturally compatible with the building on which it is mounted may also be required as a condition of approval.
G. 
NIER Emissions. No wireless communication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end, no wireless communication facility or combination of facilities shall produce at any time power densities that exceed the current FCC adopted standards for human exposure to rf fields. Certification that a facility meets this standard is required as described in MMC § 10.30.060.
H. 
Cabling. All cabling between equipment and antennas shall be routed through the interior of a building. Cable routed on the ground shall be buried. All cabling shall be performed in accordance with the National Electrical Code.
I. 
Painting and Lighting. No wireless communication facility shall be installed at a location where special painting or lighting will be required by FAA regulations unless technical evidence acceptable to the community development director is submitted showing that this is the only technically feasible location for this facility. Facilities shall be generally unlit except when authorized personnel are present at night. All facilities shall be painted to minimize visual impact.
J. 
Noise. All wireless communication facilities shall be designed to minimize noise. If a facility is located in or within one hundred feet of a residential district, noise attenuation measures shall be included to reduce noise levels to a maximum exterior noise level of 60 Ldn at the facility site's property lines.
K. 
Accessory Structures. Enclosures and cabinets housing equipment related to a wireless communication facility shall meet setback and height restrictions for such structures in their zoning districts. Such structures shall appear architecturally compatible with their surroundings and be designed to minimize their visual impact. To meet this requirement, underground vaults may be required.
L. 
Roads and Parking. Wireless communication facilities shall be served by the minimum roads and parking areas necessary and shall use existing roads and parking areas whenever possible.
M. 
Provisions for Future Co-Location. All commercial wireless communication facilities shall be designed to promote future facility and site sharing. Towers and roof mounts shall be designed to structurally accommodate at least one additional operator.
N. 
Removal Upon Discontinuation of Use. All equipment associated with a wireless communication facility shall be removed within ninety days of the discontinuation of the use and the site shall be restored to its original preconstruction condition. The operator's agreeing to such removal shall be a condition of approval of each permit issued. At its discretion, the city may require the posting of a bond to ensure removal.
(1976 Code § 10-6.04; Ord. 634 § 1)
All wireless communication facilities not specifically exempted from these regulations in MMC § 10.30.030 are subject to one of the two permit processes described below.
A. 
Administrative Permit. Certain wireless communication facilities may be approved under an administrative permit, which may be conditionally approved by the community development director or his/her designee without a public hearing, as described in this section. If the proposed facility impacts a residential zone, the community development director may determine that a use permit is required.
1. 
Qualifying Facilities. The following types of wireless communication facilities qualify for administrative permit review:
a. 
Receive-only radio and television antennas and satellite dishes or antennas that do not qualify for exemption under MMC § 10.30.030 (Exceptions), including multiple antennas or dishes on a single parcel.
b. 
Amateur radio facilities that do not qualify for exemption under MMC § 10.30.030 (Exceptions). When required, administrative permits shall be granted to amateur radio operators with no fee.
c. 
Wireless communication facilities installed on publicly owned property, regardless of zoning district, provided they comply with the general requirements in MMC § 10.30.040. An executed license or lease agreement shall also be required.
d. 
Wireless communication facilities installed in commercial and industrial zoning districts (as shown on the city zoning map), provided they comply with the general requirements in MMC § 10.30.040.
2. 
Required Findings. In order for the community development director or his/her designee to approve a proposed wireless communication facility under an administrative permit, the following findings shall be made:
a. 
The facility complies with all applicable sections of this chapter;
b. 
The facility either: (1) does not require an Rf Environmental Evaluation Report as described in MMC § 10.30.060, or (2) the Rf Environmental Evaluation Report for the facility shows that the cumulative NIER emitted by the facility and any nearby facilities will be consistent with FCC regulations;
c. 
The facility will not have significant visual impacts.
B. 
Use Permit. All other wireless communication facilities or any facility requiring an exception to these regulations shall require a use permit as set forth in Chapter 10.05 MMC, Article XIII.
1. 
Qualifying Facilities. A use permit is required for any wireless communication facility that is not exempt under these regulations and that does not qualify for an administrative permit, including commercial wireless communication facilities proposed on privately owned property in residential zoning districts.
2. 
Required Findings. In order for the planning commission to approve a proposed wireless communication facility under a use permit, the commission shall make the findings required for a use permit, as well as the following additional findings:
a. 
No alternative site or design is available that would allow for issuance of an administrative permit for the facility.
b. 
The facility either: (1) does not require an Rf Environmental Evaluation Report as described in MMC § 10.30.060, or (2) the Rf Environmental Evaluation Report for the facility shows that the cumulative NIER emitted by the facility and any nearby facilities will be consistent with FCC regulations.
c. 
The facility will not have significant visual impacts.
(1976 Code § 10-6.05; Ord. 634 § 1)
An Rf Environmental Evaluation Report, described below, shall be prepared for any proposed wireless communication facility meeting the specifications below. In order for a proposed facility that requires an Rf Environmental Evaluation Report to be approved, the report must demonstrate that rf emissions from the facility in combination with existing rf emissions from nearby facilities will meet the current FCC adopted exposure standard.
A. 
Facilities Requiring an Rf Environmental Evaluation Report. Wireless communication facilities meeting any of the following criteria require an Rf Environmental Evaluation Report before they may be permitted under these regulations:
1. 
Facilities described in Table 1, Section 1.1307 of the FCC Rules and Regulations, 47 CFR Section 1.1307, or any superseding regulation;
2. 
Facilities proposed to be installed within fifty feet of an existing wireless communication facility;
3. 
Facilities with one or more antenna to be installed less than ten feet above any area that is accessible to untrained workers or the public; and
4. 
Facilities proposed in any residential zoning district.
B. 
Evaluation Report Regulations. The Rf Environmental Evaluation Report shall meet the following regulations:
1. 
The Rf Environmental Evaluation Report is subject to approval of the community development director.
2. 
The Rf Environmental Evaluation Report shall be prepared by an NIER professional.
3. 
The Rf Environmental Evaluation Report shall explicitly state that "operation of the proposed facility in addition to other ambient rf emission levels will not exceed current FCC-adopted standards with regard to human exposure in controlled and uncontrolled areas as defined by the FCC."
4. 
Assumptions utilized for the calculations of rf exposure shall be conservative in nature and at a minimum be in accordance with the most recent FCC guidance on assessment of rf exposures.
5. 
The Rf Environmental Evaluation Report shall compare rf measurements and/or calculations of rf exposure to the applicable FCC exposure standard. The comparison shall include the power density in micro-watts per square centimeter and as a percentage of the applicable FCC exposure standard.
6. 
Rf field measurements of power density of the proposed facility and/or surrounding facilities are required to be included in the Rf Environmental Evaluation Report when:
a. 
Adequate technical information regarding other wireless communication facilities that may substantially contribute to rf exposure at the subject site is unavailable;
b. 
Calculations of rf exposure indicate the possibility of exposures in excess of the FCC exposure standard; or
c. 
So directed by the community development director because of concerns about the number of nearby facilities.
7. 
All required rf field measurements shall be performed by an NIER professional. Evidence must be submitted showing that the testing instrument(s) used were calibrated within their manufacturer's suggested periodic calibration interval, and that the calibration is by methods traceable to the National Bureau of Standards. Measurements shall be performed in compliance with FCC guidance regarding the measurement of rf emissions and shall be conducted during normal business hours on a nonholiday week day.
8. 
The community development director or his/her designee may monitor the performance of testing required for preparation of the Rf Environmental Evaluation Report. The cost of such monitoring shall be borne by the operator.
9. 
For an amateur radio facility, self-certification of compliance by the amateur radio station license is acceptable if permitted by FCC regulations and conducted under standards and procedures set forth by the FCC.
C. 
Modifications to Facilities. To the extent necessary to ensure compliance with adopted FCC regulations regarding human exposure to rf emissions, or upon the recommendation of the community development director, the operator shall modify the placement of the facilities; install fencing, barriers or other appropriate structures or devices to restrict access to the facilities; install signage, including the rf radiation hazard warning symbol identified in ANSI C95.2-1982 and multi-lingual warnings if deemed necessary by the community development director to notify persons that the facility could cause exposure to rf emissions; and/or implement any other practice reasonably necessary to ensure that the facility is operated in compliance with adopted FCC rf emission standards.
D. 
Changes to FCC Standards. If the FCC rf emission standards are modified, the operator shall ensure that the facility is reevaluated for compliance with the new standards, and a recertification statement prepared by a NIER professional shall be submitted by the operator to the community development director prior to the effective date of the new FCC rf emission standards. For an amateur radio station facility, self-certification of compliance by the amateur radio station license is acceptable if permitted by FCC regulations and conducted under standards and procedures set forth by the FCC.
(1976 Code § 10-6.06; Ord. 634 § 1)
A complete application for an administrative permit or use permit for a wireless communication facility shall include the following components.
A. 
Background Information. As part of any application, applicants shall supply, at minimum, the following background information:
1. 
Operator's name, address and telephone number;
2. 
Agent's name, address and telephone number, if any;
3. 
Street address of proposed site or nearest address;
4. 
Assessor's parcel number or APN of nearest parcel;
5. 
Type of communication service to be provided;
6. 
Property owner's name and address;
7. 
Lease term, if applicable;
8. 
City general plan designation;
9. 
City zoning designation;
10. 
Site ground elevation;
11. 
Height of existing building (if any);
12. 
Identifying characteristics of any existing antennas on the site;
13. 
Proposed antenna height;
14. 
Size and type of tower (if any);
15. 
Size and type of antenna;
16. 
Type of transmitter;
17. 
Broadcast power;
18. 
Radio frequencies used;
19. 
Coverage area;
20. 
Proposed screening (if any);
21. 
Any other information deemed necessary by the community development director to evaluate the application.
B. 
Site Plan. This drawing shall be of sufficient detail to understand the location of the facility and any landscape features which may screen it. At a minimum, this drawing should include property boundaries and dimensioned setbacks of any existing and/or proposed structures, communication equipment and/or accessory structures. Any existing and proposed landscaping or other materials that would screen the proposed wireless communication facility should also be shown.
C. 
Architectural Plan and Elevation Drawings. These drawings shall be of sufficient detail to understand the design and appearance of the facility. At minimum, these drawings should convey existing heights, proposed heights, materials, colors, schematic antenna mounting details, proposed screening structures (if any), schematic cable runs, design of exterior cable enclosures (if any), location of associated equipment and design of accessory structures.
D. 
Rf Environmental Evaluation Report. The Rf Environmental Evaluation Report must be submitted if required, as described in MMC § 10.30.060.
E. 
Photosimulation. A photosimulation of the project may be required at the discretion of the community development director prior to the issuance of an administrative permit, and is required for use permit applications. This exhibit shall be a photograph of the proposed site, from a location approved by the community development director, with the proposed facility superimposed on it in a manner that accurately shows the scale, shape and color of the proposed facility. The purpose of the photosimulation is to assist in arriving at a determination of the level of significance of the proposed facility's visual impact.
F. 
Alternatives Analysis. For a facility requiring a use permit, an analysis shall be prepared by or on behalf of the operator.
1. 
The alternatives analysis shall consider alternative locations and designs for the proposed facility, including those which would not require a use permit. Alternatives included in the analysis should generally include: (a) co-location at all existing wireless communication facilities within one-half mile of the proposed facility; and (b) lower, more closely spaced wireless communication facilities. The alternatives analyzed shall be approved by the community development director.
2. 
The alternatives analysis shall show whether or not the proposed siting and design would have the least possible environmental and visual effect on the community and whether any alternative site or design is available that would allow for issuance of an administrative permit for the facility.
3. 
The community development director may, at his/her discretion, employ on behalf of the city an independent technical expert to review this alternatives analysis. The operator shall bear the costs of this review.
(1976 Code § 10-6.07; Ord. 634 § 1)
A. 
General Term. Permits for wireless communication facilities issued under these regulations shall generally be valid for five years, unless such term is changed through the permitting process.
B. 
Termination for Noncompliance. A permit granted under these regulations shall become invalid if an operator of a wireless communication facility ceases to operate the facility under the terms of these regulations or under the specific conditions of approval for the facility. If the facility becomes noncompliant, the owner shall cease to operate the facility and remove it from its location within ninety days of being informed that the permit has become invalid.
C. 
Renewal. All permits, regardless of the method by which they were originally given, may be extended administratively by the community development director or his/her designee upon verification of the permit-holder's continued compliance with the findings and conditions of approval under which the application was originally approved. As a part of the renewal process, the community development director or his/her designee may require submittal of a certification by an NIER professional that the facility is being operated in accordance with all applicable FCC standards for rf emissions. At his/her discretion, the community development director or his/her designee may require a public hearing for renewal of a permit for a wireless communication facility under a use permit.
(1976 Code § 10-6.08; Ord. 634 § 1)
A. 
Facilities Permitted Prior to Adoption of These Regulations. Wireless communication facilities that obtained valid permits from the city and were constructed prior to the enactment of this chapter are not subject to these regulations. However, permits that require renewal will be renewed under these regulations, and any facilities operating with existing permits which are proposed for modification must acquire new permits under these regulations.
B. 
Facilities Operating Without Permits but Existing Prior to Adoption of These Regulations. All nonexempt wireless communication facilities without permits issued by the city must acquire them under the provisions of these regulations within ninety days of the adoption of these regulations.
(1976 Code § 10-6.09; Ord. 634 § 1)
Fees for wireless communication facilities shall be commensurate with the city's administrative expenses and allow the city to recoup the costs of preparation of the wireless communication facilities master plan and ordinance. The city will adopt these fees through a resolution of the city council.
(1976 Code § 10-6.10; Ord. 634 § 1)