171 ,c;
ORDINANCE NO. 171
AN ORDINANCE OF THE CITY OF GRAND TERRACE,
CALIFORNIA,AMENDING THE GRAND TERRACE ZONING CODE
TO ADD CHAPTER 18.71 PERTAINING TO WIRELESS
TELECOMMUNICATIONS FACILITIES AND MAKE OTHER
MINOR RELATED AMENDMENTS TO GENERAL REGULATIONS
AND EXCEPTIONS CHAPTER 18.73.
WHEREAS,the wireless communications is a rapidly developing and growing
technology; and
WHEREAS,the City of Grand Terrace supports development of new technology; and
WHEREAS,the wireless communications industry may result in a proliferation of
proposals to install such facilities within the City's boundaries; and
WHEREAS,the Community Development Department has initiated an amendment to
the Zoning Code to regulate installation of proposed facilities and received approval by the
Planning Commission; and
WHEREAS,the Federal Telecommunications Act of 1996, specifically leaves in place
' the authority that local zoning authorities have over the placement of wireless telecommunication
facilities; and
WHEREAS,the City of Grand Terrace desires to minimize possible negative impacts of
wireless communication facilities; and
WHEREAS, a Negative Declaration was prepared by the Community Development
Department and duly posted for public review, and recommended for approval by the Planning
Commission on April 3, 1997, at a publicly noticed meeting; and
WHEREAS,the following findings have been set forth in the Staff Report to the
Planning Commission of the City of Grand Terrace, California:
1. The proposed project is consistent with the General Plan.
FACTS: The Regulations pertaining the Wireless Telecommunications proposal is
consistent with the General Plan Goal for Aesthetic, Cultural, and Recreational Resources
Element which is, "Enrichment of the Community by optimizing the available and
usefulness of the City's Aesthetic, Cultural, and Recreational Resources. "
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2. The proposed amendment to the Grand Terrace Zoning Code is consistent with all
other applicable requirements of the local ordinances and state law.
FACTS: The amendments do not propose any physical site changes. All future
projects shall meet all applicable development standards including,but not limited to,
setbacks, access, circulation,parking, lighting, and landscaping of the Grand Terrace
Zoning Code and applicable development policies of the General Plan.
3. The proposed amendments will not adversely affect the public health, safety, and
welfare,nor be materially detrimental to the use, enjoyment, or valuation of
persons or other property in the surrounding area because it is required to comply
with applicable health, safety, and zoning codes.
FACTS: The proposed amendments to the Grand Terrace Zoning Code will not in
and of itself create any adverse impacts to affect the public health, safety and welfare of
the surrounding property owners. All future development plans will be required to
comply with all applicable health,building and zoning codes.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA,DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: A new Chapter 18.71 - Wireless Telecommunications is added to read as
follows:
CHAPTER 18.71
WIRELESS TELECOMMUNICATION FACILITIES
Section 18.71.010 Purpose:
The City of Grand Terrace recognizes that the current growth in the
wireless communication industry may result in a proliferation of proposals
to install such facilities within the City's limits. Wireless communication
facilities typically have antenna structures that reach heights from 30 to
200 feet,with accessory equipment usually constructed nearby. Because
of their height and expected proliferation,these facilities have the potential
to conflict with community land use patterns and to adversely impact
community aesthetics.
The purpose of this ordinance is to address the current growth in the
wireless communication industry by providing regulations regarding the
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location and design of such facilities. This Ordinance intends to ensure
that the installation of wireless communication facilities will not be
detrimental to the public health, safety, and welfare.
Section 18.71.020 Wireless Telecommunications Facilities Definition:
Communications towers, antennas and the necessary appurtenances. A
land use that sends and/or receives radio frequency signals, including
antennas,microwave dishes or horns, structures or towers to support
receiving and/or transmitting devices, accessory development and
structures, and the land on which they all are situated. This includes the
current technologies of Cellular Communications and Personal
Communications Services (PCS) and Smart Radio (SMR). This excludes
non-commercial antennas,radio and television signals, and non-
commercial satellite dishes.
Section 18.71.030 Findings for Wireless Telecommunication Facilities:
All wireless telecommunication facilities permitted in this Section shall be
subject to the following findings. These are in addition to any applicable
criteria outlined in Chapter 18.63, Site and Architectural Review, and
Chapter 18.83 Conditional Use Permits of the Grand Terrace Zoning
Code.
1) There is adequate space on the property for the antenna and
accessory wireless equipment without conflict with existing
buildings or other structures on the property, or reducing required
parking, landscaping or other development standards.
2) The design and placement of the antenna and accessory
wireless equipment will not adversely impact the use of the
property, other buildings and structures located on the property, or
the surrounding area or neighborhood.
3) The antenna and accessory wireless equipment as proposed are
consistent with the intent of this part and comply with the General
Standards for wireless telecommunication facilities and any
Special Standards below.
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reless communication industry by providing regulations regarding the
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Section 18.71.040 General Standards:
All wireless telecommunication facilities shall be subject to the following
standards:
1)Antennas permitted by this Section shall comply with all
applicable building codes.
2)Antennas and accessory wireless equipment shall be located,
installed, and mounted in a manner to minimize to the greatest
extent practical the visibility of the antennas and equipment.
3)Antennas and accessory wireless equipment shall be painted in a
non-reflective color.
4) 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 a minimum of 48
inch square boxed container sized evergreen trees (unless it is
determined that better screening can be obtained through smaller
sized trees) in a species approved by the Grand Terrace
Community Development Department. All landscaping screening
shall be required to be maintained and replaced if necessary by the
applicant as long as the associated antenna is in use.
5)Accessory wireless equipment including ancillary equipment
shall be appropriately screened from view by an existing structure
where 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.
6)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.
Section 18.71.050 Special Standards for Ground Mounted Structures:
1)No ground mounted structures and no part of the antenna or
visible equipment shall be located within or project into any
required setbacks of the underlying land use district.
2)No mounted structures and no part of the antenna or visible
equipment shall be located within or project closer than ten feet
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from any right-of-way of a street, freeway, or railroad line.
3)No ground mounted structure for an antenna shall be located on
a lot with an existing residential use,not within 100 feet of any
residential use, or distance determined by the City Engineer to be a
safe distance in the event of structure failure.
4)The height of the ground mounted structure shall be compatible
with that of the surrounding neighborhood so existing trees or
other tall elements of the neighborhood can serve as a backdrop to
mask the silhouette of the antenna and the ground mounted
structure.
5)No new ground mounted structure for an antenna shall be
located within 800 feet of an existing ground mounted structure for
antenna except if the new structure is replacing the existing
structure for purposes of locating more than one wireless
communication facilities on the structure (co-location).
6)If co-location is not feasible due to the height restrictions
specified in the Section, such height restrictions may be increased
an additional 15 feet to provide for the co-location provided the
Planning Commission determines that the structure at the increased
height will have less of an adverse visual impact on the
surrounding area than two such structures of reduced height
located in close proximity to one another and will be consistent
with the character of the surrounding development.
If the Commission determines that the height will have a greater
impact than two such structures of reduced height located in close
proximity to one another,the applicant may submit an application
for a variance to permit a new ground mounted structure located
closer than 800 feet of an existing ground mounted structure to be
reviewed pursuant to the provisions and subject to the required
fmdings provided under Chapter 18.86 of the Grand Terrace
Municipal Code.
7)No ground mounted structure for an antenna shall be located in
the Barton Road Specific Plan-Village Commercial District and
Administrative Professional District.
8)All security fencing shall be of a material, color, and design that
blends with the character of the surrounding environment.
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Section 18.71.060 Conditions of Approval:
Conditions of approval shall be imposed on any permit and architectural
approval granted pursuant to this Section to ensure compliance with the
intent of this Part,the required standards and fmdings of the Section, and
the protection of 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:
1) The applicant shall agree to indemnify,hold harmless, and
defend the City its officers, agent, and employees from any and all
liability or claims that may brought against the City from its
approval or a permit.
2)A letter outlining the terms of the 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 Community Development
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.
3) Certificate of continued use of each approved facility shall be
submitted on a yearly basis at the time of business 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 Communications
Commission(FCC) safety standards. Facilities which are no
longer in operation shall be removed within 90 days after the date
of discontinuation.
4)If no annual certification is provided,the use permit for the
facility may be revoked by the Community Development Director.
Prior to revoking a permit,the Director shall provide the owners of
record written notice of their failure to provide the annual
certification and an opportunity for hearing.
5) Prior to issuance of a building permit for the facility, applicant
may be required to provide a deposit with the City for removal of
the facility and any accessory wireless equipment if such facility is
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found to be abandoned or the use permit is revoked by the
Director.
6)Notice of change of ownership of the facility shall be provided
to the City.
7) Within 90 days of commencement of operation, applicant shall
provide a preliminary report and/or 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
Electrical and Electronics Engineers (IEEE) for safe human
exposure to electromagnetic fields (EMF) and radio frequency
radiation(RFR).
8)All changes and modifications to an approved facility shall
require prior approval by the City.
9)All graffiti and other forms of vandalism shall be promptly
removed and/or repaired within 24 hours.
Section 18.71.070 Zoning:
1. Residential Zones:
In all residential zones, wireless communication facilities shall be
prohibited except when wireless communication facilities are
associated with non-residential uses permitted in a residential zone,
such as parks, church towers, schools, and light standards, and
comply with standards set forth in this ordinance. No ground
mounted self-standing wireless communication facilities shall be
installed in a residential district on private or public property.
2. Non-Residential Zones:
In all non-residential zoning districts,wireless communication
facilities shall be permitted subject to a conditional use permit, as
provided under Chapter 18.83 of the Grand Terrace Municipal
Code.
3. Conditional Use Permit Maximum Time Limits:
A conditional use permit for a wireless communication facility
shall be valid for a maximum period of three(3)years from the
date of effective approval. At the end of the conditional permitted
use period,the Planning Commission shall have the discretion to
written notice of their failure to provide the annual
certification and an opportunity for hearing.
5) Prior to issuance of a building permit for the facility, applicant
may be required to provide a deposit with the City for removal of
the facility and any accessory wireless equipment if such facility is
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review the project to determine if changes in cellular technology
warrant retrofit or adjustment of the project. Based on this review,
the Planning Commission shall have discretion to impose
additional conditions on the project, extend the conditional use
permit as is, or revoke the conditional use in its entirety.
4. Site and Architectural Review:
A major site and architectural review, as provided under Chapter
18.63 of the Grand Terrace Municipal Code, shall be required in all
cases involving the installation of wireless communication
facilities.
5. Environmental Review:
An initial study and negative declaration shall be prepared for each
wireless communication facility that proposes to locate in the City.
Agencies to be contacted include but not limited to the CPUC, and
FCC to assure applicable licensure.
6 Incentive Processing:
An Administrative Site and Architectural Review may be
applicable as an incentive to those telecommunication facilities
which are concealed completely and integrated into existing
structures, and have no aesthetic impacts per the Community
Development Director. All standards herein apply.
18.71.080 Site and Design Criteria:
1. Setbacks:
Setbacks shall be determined in each case with minimum setbacks
to be consistent with those required by applicable zone. Additional
setback requirements shall be determined by the Planning
Commission to mitigate aesthetic and land use impacts, or by the
City Engineer for safety in the event of collapse.
2. Height:
Height of the proposed facility shall be justified by the need for
such height to effectively provide services by the applicant through
a written analysis subject to review and approval by the City.
3. Color:
All antennae and support structures shall be of a matte finish to
avoid glare, and a color and design that blends with the
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otice of their failure to provide the annual
certification and an opportunity for hearing.
5) Prior to issuance of a building permit for the facility, applicant
may be required to provide a deposit with the City for removal of
the facility and any accessory wireless equipment if such facility is
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surrounding site and neighborhood.
4. Screening:
All monopoles, antennae and support structure, and accessory
buildings shall be architecturally designed, screened, concealed
and/or disguised to the maximum extent necessary to mitigate
aesthetic impacts and achieve compatibility with the surrounding
site and neighborhood. For example,rooftop facilities are
encourages to be designed with a clock tower or other architectural
tower element; monopoles are encouraged to be designed within
existing light standards, flag poles or building signs.
5. Landscape:
Wherever feasible, all facilities shall provide a landscape plan to
provide a high level of screening.
18.71.090 Processing Requirements:
1. Fee: All applicable processing and impact fees shall apply.
2. City Property: In cases where a facility is proposed on City
Property, Compensation shall be negotiated by the City Manager
on a case by case basis.
3. Master Plan/Site Analysis: Prior to project review and approval,
applicants shall provide the City with a detailed description of the
type of category and service provided, and an estimate of what the
future needs will be. Some of the types of categories are,but not
limited to:
a) Cellular Services;
b) SMR(Specialized Mobile Radio Services or Smart
Radios);
c)PCS (Personal Communication Services); and
d)MMDS (Multichannel Multi point Distribution Service).
In addition, information shall be provided that illustrates why the
proposed site was selected, and what made the proposed site better
than other sites in the area(i.e.technical requirements, cost, and
site availability). The master plan/site analysis shall include the
potential for double loading existing facilities and the number of
discrete repeaters proposed for the facility.
4. Elevations: Prior to project review and approval, applicants shall
provide the City with dimensioned elevations of the antennae and
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ing.
5) Prior to issuance of a building permit for the facility, applicant
may be required to provide a deposit with the City for removal of
the facility and any accessory wireless equipment if such facility is
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ancillary facilities, indicating width of structural pole(s) and
dimensions of each sector antenna.
5. View Simulation: Prior to project review and approval, applicants
shall provide the City with view simulation containing a scale, and
depicting antennae and ancillary facility dimensions. The view
simulation shall be accompanied by a reference sheet indicating the
point at which the view simulation photo was taken.
6. Written Justification: Prior to project review and approval,
applicants shall provide the City with a written justification
explaining why the requested height of the antennae is necessary.
18.71.100 Maintenance Requirements:
1. Building Codes:
All antennae, supporting structures and ancillary facilities shall be
installed and maintained in compliance with City building codes.
2. Periodic Inspections:
All facilities shall be subject to periodic inspections by the City to
ensure compliance with all conditions of approval.
3. Modifications:
No modifications or additions shall be made to approved antennas,
towers, support structures.or facilities that are not in conformity
with the original approval without prior review and approval by the
City.
4. Abandonment:
Any antennae, supporting structures and ancillary facilities
abandoned for a period of 180 days shall be removed and the site
returned to its original state or a otherwise directed by the City to
ensure that site improvements installed as part of the project are
not disrupted.
5 Revocation of Permit:
Failure to comply with all conditions of approval shall be grounds
for revocation of the permit.
Section 2. Grand Terrace Zoning Code Chapter 18.73, Section 18.73.090 -Height
Limit Exceptions, is hereby amended to read as follows:
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ers proposed for the facility.
4. Elevations: Prior to project review and approval, applicants shall
provide the City with dimensioned elevations of the antennae and
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ing.
5) Prior to issuance of a building permit for the facility, applicant
may be required to provide a deposit with the City for removal of
the facility and any accessory wireless equipment if such facility is
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Section 18.73.090 Height Limit Exceptions:
Chimneys, cupolas, flag pole,monuments,radio and other towers,water
tanks, church steeples,mechanical appurtenances and similar structures
may be permitted in excess of height limits with the approval of a
conditional use permit, except wireless telecommunication facilities set
forth in Chapter 18.71.
Section 3. Grand Terrace Zoning Code Chapter 18.06,Definitions, is hereby
amended to include the following:
Section 18.06.938 Wireless Telecommunications Facilities:
Communications towers, antennas and the necessary appurtenances. A
land use that sends and/or receives radio frequency signals. including
antennas, microwave dishes or horns, structures or towers to support
receiving and/or transmitting devices, accessory development and
structures, and the land on which they all are situated This includes the
current technologies of cellular communications and Personal
Communications Services. This excludes non-commercial antennas, radio
and television signals. and non-commercial satellite dishes.
Section 4. Development decisions shall be based on the Grand Terrace Zoning Code
as incorporated and adopted by Ordinance of the City of Grand Terrace.
Section 5. Effective Date: This ordinance shall be in full force and effect at 12:01
a.m. on the 31st day of its adoption.
Section 6. Posting: The City Clerk shall cause this ordinance to be posted in three(3)
public places within fifteen(15)days of its adoption, as designated for
such purpose by the City Council.
Section 7. First read at a regular meeting of the City Council of said City held on the
8th day of May, 1997 and finally adopted and ordered posted at a regular
meeting of said City Council on the 22nd day of May, 1997.
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Chapter 18.73, Section 18.73.090 -Height
Limit Exceptions, is hereby amended to read as follows:
10
ers proposed for the facility.
4. Elevations: Prior to project review and approval, applicants shall
provide the City with dimensioned elevations of the antennae and
9
ing.
5) Prior to issuance of a building permit for the facility, applicant
may be required to provide a deposit with the City for removal of
the facility and any accessory wireless equipment if such facility is
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•
( QAid& 6ie(4f ( 1 (o,t,\__
CityClerk of the Cityof Grand' Terrace Mayor of the Cityof Grand y Terrace
and of the City Council thereof and of the City Council thereof
I,BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby
certify that the foregoing Ordinance was introduced and adopted at a regular meeting on the City
Council of the City of Grand Terrace held on the 22nd day of May, 1997, by the following vote:
AYES: Councilmembers Hilkey, Singley, and Garcia; Mayor Pro Tem
Buchanan; Mayor Matteson
NOES: None
ABSENT: None
ABSTAIN: None
' /A-of—g7Plpi. �
Brenda Stanfill
City Clerk
Approved as to form:
1 NEAL
John Harper fp
City Attorney
PM:LM:lm
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