Chapter 14-35
TELECOMMUNICATIONS USES

Sections:

14-35.010    Purpose.

14-35.020    Exemptions.

14-35.030    Satellite Earth Station (SES) Antennae.

14-35.040    Amateur Radio Antennae.

14-35.050    Telecommunications sites.

14-35.060    Telecommunications facilities.

14-35.070    Telecommunications sites proposed in the public right of way.

14-35.080    Submittal requirements for telecommunications sites and facilities.

14-35.090    Non-Ionizing Electromagnetic Radiation (NIER) safety and monitoring requirements for telecommunications sites and facilities.

14-35.100    Public hearing noticing radius.

14-35.110    Findings.

14-35.010 Purpose.

The Council finds that this Ordinance will protect and promote the public health, safety, welfare and the aesthetic quality of the community when considering applications for telecommunications facilities and not regulate the placement, construction and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission (FCC) regulations concerning such emissions. This chapter is intended to foster, through appropriate zoning and land use controls, a competitive economic environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provisions of personal wireless services. Additionally, this chapter is intended to protect Watsonville’s built and natural environment by promoting compatible urban design standards for telecommunications facilities.

(Ord. 1153-03 C-M, eff. April 24, 2003)

14-35.020 Exemptions.

The following wireless communications facilities shall be exempt from the requirements of this title:

(a)    A wireless communication facility with a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communications Commission (FCC) specifically provides the antenna is exempt from local regulation.

(b)    Direct Broadcast Satellite (DBS) antennae and Television Broadcast Service (TBS) antennae so long as they are located entirely on-site and are not located in the required front yard setback area and screened from public view. This locational requirement is necessary to ensure that such antenna installations do not become attractive nuisances and/or result in accidental tripping hazards if located adjacent to a street or other public right of way.

(c)    Multipoint Distribution Services (MDS) antennae and other temporary mobile wireless services including mobile wireless communication facilities and services providing public information coverage of news events (less than two (2) weeks duration).

(Ord. 1153-03 C-M, eff. April 24, 2003)

14-35.030 Satellite Earth Station (SES) Antennae.

Satellite Earth Station Antenna structures located in commercial or industrial zones which meet the following standards shall require an Administrative Review Permit and Building Permit and conform to the following standards:

(a)    SES antenna shall not exceed two (2) meters in diameter or in diagonal measurement;

(b)    SES antennae are allowed in the following zoning districts: IP, IG, CCA, CC, CT, CN, CNS, CO, CV;

(c)    SES antennae shall only be permitted on the top of buildings and located as far away as possible from the edges of rooftops to reduce or eliminate visibility from adjacent properties. Building Permits are required for such antennas;

(d)    No portion of the antenna shall overhang any property line.

(Ord. 1153-03 C-M, eff. April 24, 2003)

14-35.040 Amateur Radio Antennae.

Amateur Radio Antenna structures located in residential zones or on parcels used for residential purposes shall conform to the following standards:

(a)    Amateur radio antennae shall be located entirely on-site and meet all required setbacks for the district. Antennae shall not be located in the required front yard setback area and shall be screened from public view to the extent practical;

(b)    No portion of the antenna or array structure may overhang any property line;

(c)    The maximum height of the antenna shall not exceed the maximum allowable height limit for the district except as otherwise provided;

(d)    The antenna support structure shall not exceed a width or diameter of twenty-four (24") inches;

(e)    The antenna, including the support structure and any array, shall conform to all setback requirements for the zoning district in which it is located;

(f)    Additional setback requirements shall be established in conjunction with a Special Use Permit for those antennas exceeding the height limit for the district.

(Ord. 1153-03 C-M, eff. April 24, 2003)

14-35.050 Telecommunications sites.

The following standards apply to all telecommunications sites as defined in Chapter 18 of this title:

(a)    Maximum Height. The maximum height of an antenna shall not exceed 100 feet in height.

(b)    Setbacks.

(1)    Telecommunications sites and accessory equipment structures shall meet the required building setbacks for the zoning district in which the site is located.

(c)    Required Separation.

(1)    A telecommunications site shall have a setback equal to twice the structure’s height from the property line of any residentially zoned or designated property, any parcel containing a residential unit, or any public or private school.

(d)    Design Criteria. All telecommunications antennae, accessory, and related support structures shall:

(1)    Utilize state of the art stealth technology as appropriate to the site and type of facility. Where no stealth technology is proposed for the site, a detailed analysis as to why stealth technology is physically and technically infeasible for the project shall be submitted with the application.

(2)    Support structures, where utilized, must be monopole type.

(3)    The wireless communications site shall be located in a manner on the existing structure so as to minimize visual impacts from surrounding properties and right-of-ways.

(4)    All antennae and support structures must be painted to be architecturally compatible with the building on which it is located or painted to minimize the visual impacts where the structures extend above the roof line.

(5)    Accessory equipment and equipment structures must be screened from public view.

(6)    For the protection of emergency response personnel, each telecommunications site shall have an on-site emergency “kill switch” to de-energize all RF-related circuitry/componentry at the site. For collocation sites, a single “kill-switch” shall be installed that will de-energize all carriers at the site in the event of an emergency.

(e)    Noise. Backup generators may only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 7:00 p.m.

(2)    Backup generators may not exceed the normally acceptable decibel level as established by the City of Watsonville General Plan, Watsonville Municipal Code and performance standards.

(f)    Usual and incidental repair and maintenance of existing telecommunications sites shall be exempt from this title.

(Ord. 1153-03 C-M, eff. April 24, 2003, as amended by § 1, Ord. 1214-07 (CM), eff. March 15, 2007)

14-35.060 Telecommunications facilities.

The following standards apply to all telecommunications facilities as defined in Chapter 18 of this Title:

(a)    Maximum Height. No antenna shall exceed 100 feet in height.

(b)    Setbacks.

(1)    Telecommunications facilities and accessory structures meeting the required height of the applicable zoning district shall comply with the required building setbacks for the zoning district in which the facility is located, however, in no instance shall the facility (including antennae and equipment) be located closer than five (5') feet of any property line.

(2)    Telecommunications facilities shall not be located within the required front-yard area of any parcel.

(c)    Required Separation.

(1)    A setback equal to twice the structure’s height from the property line of any residentially zoned or designated property, any parcel containing an existing residential unit, or any public or private school.

(2)    A facility shall not be located within a 1,000-foot radius of any other telecommunications facility, measured from the base of tower to base of tower regardless of jurisdictional boundaries.

(3)    Reduction in Required Facility Separation. A reduction in the required separation between telecommunications facilities may be granted as a part of the Special Use Permit approval where technical evidence has been provided to substantiate the following findings:

(i)    The granting of the reduction will not substantially impair the intent and purpose of this title or the goals, policies, and objectives of the adopted General Plan; and

(ii)    The reduction is not requested exclusively on the basis of economic hardship to the applicant; and

(iii)    The reduction is necessary and essential to providing the applicant’s wireless service based on the technical constraints and the lack of other available appropriately zoned land outside the radius; and

(iv)    Evidence has been submitted to the satisfaction of the City demonstrating that collocation on existing tower structures is not available or is not technically feasible. Evidence may include a written statement from the service provider with the existing facility that collocation is not feasible.

(d)    Design Criteria. All telecommunications antennae and support structures shall:

(1)    Utilize state of the art stealth technology as appropriate to the site and type of facility. Where no stealth technology is proposed for the site, a detailed analysis as to why stealth technology is physically and technically infeasible for the project shall be submitted with the application.

(2)    Antennae and support structures, where utilized, must be monopole type.

(3)    Monopole support structures shall not exceed four (4') feet in diameter unless technical evidence is provided showing that a larger diameter is necessary to attain the proposed tower height and that the proposed tower height is necessary.

(4)    Wireless communications facility support structures and antennae must be painted a nonglossy color so as to minimize visual impacts from surrounding properties. Specific color is subject to City review based on a visual analysis of the particular site.

(5)    Accessory structures must be designed and screened accordingly and shall be subject to City review based on a visual analysis of the particular site and surrounding properties.

(6)    Support structures and site area for wireless communications antennae shall be designed and of adequate size to allow at least one additional wireless service provider to co-locate on the structure.

(7)    Towers shall not be artificially lighted unless required by the FAA or other applicable authority. Security lighting must be in conformance with this title.

(8)    For the protection of emergency response personnel, each telecommunications facility shall have an on-site emergency “kill switch” to de-energize all RF-related circuitry/componentry at the site. For collocation facilities, a single “kill switch” shall be installed that will de-energize all carriers at the facility in the event of an emergency.

(9)    All proposed fencing shall be decorative and compatible with the adjacent buildings and properties within the surrounding area and shall be designed to limit and/or allow for removal of graffiti.

(e)    Signage. A permanent, weather-proof identification sign, approximately sixteen (16") inches by thirty-two (32") inches in size, must be placed on the gate of the fence surrounding the facility or, if there is no fence, on the facility itself. The sign must identify the facility operator(s), provide the operator’s address, and specify a twenty-four (24) hour telephone number at which the operator can be reached so as to facilitate emergency services.

(f)    Landscaping.

(1)    Landscaping must be provided to screen the facility from surrounding properties or right-of-ways.

(2)    All landscaping shall be installed with an irrigation system equipped with an automatic timer.

(3)    Street trees and other landscaping may be required for telecommunications facilities proposed on parcels lacking street frontage landscaping.

(4)    Landscaping must include re-vegetation of any cut or fill slopes.

(5)    Where possible, existing plants and trees should be used to the full extent possible for screening of the facility.

(6)    Where deemed appropriate by the Community Development Department or Planning Commission, a landscape plan shall be required for the entire parcel and lease area.

(g)    Noise and Traffic.

(1)    Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 7:00 p.m.

(2)    Backup generators may not exceed the normally acceptable decibel level as established by the City of Watsonville General Plan, Municipal Code, and performance standards.

(3)    Traffic shall be limited to no more than one round-trip per day on an average annual basis once construction is complete, except for emergency maintenance purposes.

(Ord. 1153-03 C-M, eff. April 24, 2003, as amended by § 1, Ord. 1214-07 (CM), eff. March 15, 2007)

14-35.070 Telecommunications sites proposed in the public right of way.

Telecommunications sites proposed to be constructed in the public right-of-way shall be subject to a separate agreement with the Public Works and Utilities Department.

(a)    All submittal requirements for telecommunications sites shall apply to those sites proposed in City-owned right-of-way.

(b)    All telecommunications sites proposed to be constructed in the City owned right-of-way must be constructed on an existing structure such as a street-light pole, traffic light standard, or similar equipment.

(c)    When located in the City-owned right-of-way, all appurtenant equipment must be located underground. Where located outside the City-owned right-of-way, all appurtenant equipment must be stealth designed or screened in a manner appropriate to the site.

(Ord. 1153-03 C-M, eff. April 24, 2003)

14-35.080 Submittal requirements for telecommunications sites and facilities.

(a)    Submittal requirements. In addition to the submittal materials required by the Special Use Permit application, the following must be submitted with an application for a telecommunications site/facility:

(1)    A 24" Þ 36" scaled vicinity map with Assessor’s parcel base map showing the distance of the proposed telecommunications site/facility from existing residentially designated/zoned areas, existing residences, major roads and highways, and other telecommunications sites and facilities within a one thousand (1,000') foot radius. This information may be supplemented by aerial photography but shall not be utilized to replace the vicinity map in its entirety.

(2)    A written statement to the City of Watsonville shall be required indicating the technical reasons why there is no alternative collocation site/facility available and written proof of refusal of the owner of the facility/site in the vicinity to provide space at a fair rate of compensation.

(3)    A visual simulation showing the proposed structure as it would be seen from surrounding properties from perspective points to be determined in consultation with the Community Development Department prior to preparation. The visual simulation may include a photo montage, field mock-up or other technique. The City may also require the simulation analyzing stealth designs.

(4)    A radio frequency analysis conducted and certified by a registered engineer to determine probable outputs of the proposed site/facility and comparison of those outputs with the maximum allowable radio frequency outputs allowed by the Federal Communications Commission (FCC).

(5)    A copy of the search ring analysis conducted and certified by a registered engineer to determine the area where a wireless site/facility must be placed to meet stated service needs. Where the tower is proposed to exceed the height limit of the district, the search ring must include coverage information at a minimum of ten (10') foot increments starting at the maximum allowed height of the district up to the proposed height of the tower.

(6)    A copy of the property lease agreement, exclusive of the financial terms of the lease, including provisions for removal of the site/facility and appurtenant equipment within six (6) months of its abandonment and provisions for City access to the site/facility for removal where the provider fails to remove the site/facility and appurtenant equipment within six (6) months of its abandonment.

(7)    A report detailing operational and capacity needs of the provider’s system within the City of Watsonville and the immediate areas adjacent to the City. The report shall detail how the proposed site or facility is technically necessary to address current demand and technical limitations of the current system. Such report to be evaluated by qualified firm or individual, chosen by the City and paid for by the project applicant.

(b)    General conditions. In addition to those conditions deemed necessary to protect public health, safety and welfare in conjunction with the entitlement process, the following general conditions shall apply:

(1)    The applicant shall provide proof of notification of an offer of collocation opportunities on the new site/facility to other service providers.

(2)    Where deemed feasible by the City as a collocation opportunity site/facility, the applicant shall sign and record with the Santa Cruz County Recorder’s Office a legally binding agreement limiting any collocation costs assessed to other service providers to a pro rata share of the ground lease, site acquisition cost, design, capital costs for construction of the site/facility including associated permitting costs, and reasonable maintenance, repair, and replacement costs.

(3)    Wireless communication sites and facilities shall comply with all Federal Communication Commission (FCC) rules, regulations, and standards, including compliance with non-ionizing electro-magnetic radiation standards set by the FCC.

If, at any time, the FCC modifies the NIER emissions standards, the telecommunications site/facility shall submit a report as outlined in Section 14-35.090(b) demonstrating that the new FCC NIER standards are being met within ninety (90) days of enactment of the new standards.

(4)    Any telecommunications site/facility that is not operated for a continuous period of six (6) months, or falls into disrepair, shall be considered abandoned.

(5)    The owner of any abandoned tele-communications site/facility shall remove the site/facility and appurtenant equipment within six (6) months of its abandonment.

(6)    If an abandoned site/facility is not removed within six (6) months, the City may remove the site at the property owner’s expense.

(7)    For collocation sites/facilities, the site/facility shall not be deemed abandoned until all users cease operation of the site/facility.

(8)    Failure to comply with any provision of this chapter and/or Conditions of Approval shall be grounds for revocation of this permit.

(c)    Minor modifications. Modifications may be approved by the Zoning Administrator under the provisions of a minor modification of the original permit where the modifications meet the following criteria:

(1)    The height of the antenna does not increase and the site/facility meets the height provisions and required setbacks of the district or Special Use Permit.

(2)    The existing site/facility complies with all other applicable standards in this section.

(3)    All other modifications shall be considered major modifications to the permit.

(d)    Inventory and tracking. The Community Development Department in conjunction with service providers, shall compile and maintain a list of telecommunications sites and facilities based on information provided by wireless service providers. The list shall include existing site and facility locations, structure heights, number of service providers using the site/facility, and availability of space for additional users based on prior approvals and include sites/facilities in the wireless network that directly connect to those facilities located in the City.

(Ord. 1153-03 C-M, eff. April 24, 2003)

14-35.090 Non-Ionizing Electromagnetic Radiation (NIER) safety and monitoring requirements for telecommunications sites and facilities.

(a)    Initial post-construction monitoring of telecommunications sites and facility NIER/radio-frequency (RF) radiation exposure is required for all new and modified sites and facilities to ensure that all new wireless communications sites and facilities operate in compliance with the FCC RF radiation exposure standards. NIER monitoring is to be conducted utilizing the Monitoring protocol outlined in Section 14-18.547.

(b)    Post-Construction NIER Measurement Reporting. Monitoring of NIER/RF radiation to verify compliance with the FCC’s NIER standards shall be required for all new or modified wireless communication facilities through submission of a report documenting NIER measurements at the site or facility within ninety (90) days after the commencement of normal operations or within ninety (90) days after any major or minor modification of the site or facility. The NIER measurements shall be made, at the applicant’s expense, by a qualified independent tele-communications radio-frequency engineer licensed by the State of California, during typical peak use periods, utilizing the monitoring guideline described in Section 14-35.090(a)(1), with measurements taken at various locations, including those from which public RF exposure levels are expected to be the highest. The report shall list and describe each transmitter/antenna present at the site/facility, indicating the effective radiated power of each (for collocated sites/facilities, this would include the antennae of all other carriers at the site/facility). The report shall include field measurements of NIER emissions generated by the facility and also any other nearby emissions sources from various directions and particularly from adjacent areas with habitable structures. The report shall compare the measured results to the FCC NIER standards for such sites/facilities.

(c)    The applicant or site/facility operator shall also provide proof of a current occurrence-based, comprehensive general liability insurance policy evidencing coverage of at least one million dollars and no/100ths ($1,000,000.00) per occurrence for bodily injury and property damage claims, naming the applicant and owner of the facility as insureds, and an endorsement thereof naming the City of Watsonville, its appointed and elected officials, and its employees as additional insureds. The insurance policy shall contain no exclusion barring coverage for claims arising from the effects of exposure to electromagnetic radiation, thereof. If the policy contains such an exclusion, the policy shall be endorsed to omit the exclusion. The report documenting the measurements and findings, with respect to compliance with the established FCC NIER exposure standard, and proof of general liability insurance for the site/facility, shall be submitted to the Community Development Department prior to commencement of facility operation. Failure to comply with this requirement may result in the initiation of permit revocation proceedings by the City.

(Ord. 1153-03 C-M, eff. April 24, 2003)

14-35.100 Public hearing noticing radius.

Public hearing notice of proposed tele-communications sites and/or facilities shall be conducted in accordance with Chapter 14-10 Part 3 of the Watsonville Municipal Code. The noticing radius shall be five hundred (500') feet measured from parcel boundaries.

(Ord. 1153-03 C-M, eff. April 24, 2003)

14-35.110 Findings

In addition to the required Findings for Administrative and Conditional Use Permits, the following findings must be met prior to approval of any telecommunications site/facility:

(a)    That the proposed telecommunications site/facility has been designed to minimize its visual and environmental impacts, including the utilization of stealth technology, when applicable.

(b)    That the proposed site has the appropriate zoning, dimensions, slope, design, and configuration for the development of a telecommunications site/facility.

(c)    That general landscaping considerations as outlined in Section 14-35.060(g), when applicable, have been complied with to complement the structures and antennae, provide an attractive environment for the enjoyment of the public, and preserve natural features and elements.

(d)    That the proposed telecommunications site/facility is in compliance with all Federal Communications Commission (FCC) and the California Public Utilities Commission (PUC) requirements.

(e)    That the applicant has demonstrated and confirmed, by independent evaluation of the City, that the site/facility is necessary to address current demand, capacity or other technical limitations of the system in order to maintain service levels.

(Ord. 1153-03 C-M, eff. April 24, 2003)