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HomeMy WebLinkAboutORD 1212ORD 1212pT3(Ìì.£ ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO CHAPTER 153 OF THE CITY'S MUNICIPAL CODE ADDING SECTION 153.112 RELATING TO THE REGULATION OF WIRELESS COMMUNICAITON FACILITIES, WHICH WILL INCLUDE BUT ARE NOT LIMITED TO ADDING DEFINITIONS PERTAINING TO WIRELESS COMMUNICATION FACILITIES, LOCATION CRITERIA, DESIGN STANDARDS, REGULATIONS AND APPLICATION PROCEDURES AND REQUIREMENTS FOR THE PLACEMENT OF WIRELESS COMMUNICATION FACILITIES APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC-149) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determines and declares as follows: WHEREAS, the City of Baldwin Park hereinafter Applicant") heretofore filed an application Application") requesting approval of an amendment to the municipal code Sections 153.090 Commercial and Industrial Zones) relating to the regulation of wireless communication facilities which will include but are not limited to adding definitions pertaining to wireless communication facilities, location criteria, design standards, regulations and application procedures and requirements for the placement of wireless communication facilities; and WHEREAS, on August 20, 2003, the City Council conducted a duly noticed public hearing upon said application; and WHEREAS, in recent years there has been a growing proliferation of wireless telecommunication facilities being erected within the commercial and industrial zones throughout the City of Baldwin Park; and WHEREAS, wireless telecommunication facilities can detract from the overall quality and appearance of the City's commercial and industrial neighborhoods and the City is desirous to establish regulations to control these impacts; and WHEREAS, the proposed changes provide for the protection of health, safety, and welfare of the residents of Baldwin Park; and WHEREAS, the permit requirements and restrictions imposed by these regulations are reasonably necessary to protect the health, safety, and welfare of the citizens of the City; and BIB] 37874-U01 ORD-U02 1212-U02 LI2-U03 FO8535-U03 FO9348-U03 DO23861-U03 C5-U03 ORDINANCES-U03 9/9/2003-U04 ROBIN-U04 ORD 1212pT3(Ìì.£ Ordinance 1212 Page 2 WHEREAS, the Planning Commission upon giving the required notice did conduct a duly noticed public hearing on July 23, 2003 as prescribed by law, at which time the Planning Commission adopted Resolution No. PC 03-24, recommending that the City Council approve the Negative Declaration of Environmental Impact and the amendment to the City Municipal Code AZC- 149); and WHEREAS, the City Council conducted a duly noticed hearing upon said matter, and based upon the evidence presented, it was determined that the public interest, necessity, convenience and general welfare require the approval of the amendments to the Municipal Code. SECTION 2. That Chapter 153 entitled Zoning Code, is hereby amended to apply Section 153.112 to Part I, General Provisions of the Commercial and Industrial Zones to read as follows: 153.112 WIRELESS COMMUNICATION FACILITIES This Chapter is enacted pursuant to 47 U.S.C. 332(c)(7) to provide standards for wireless communication facilities. It is intended that such facilities be located, installed and operated in a manner consistent with all of the articulated health, safety and aesthetic objectives of this chapter, while recognizing the benefits of these facilities to the community. This chapter applies to all wireless service facilities located within the City of Baldwin Park, whether they are located on private property or public property, including the public right-of-way. A) Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Antenna" means any system of wires, poles, rods, reflecting discs, dishes, whips or other similar devices used for the transmission or reception of electromagnetic waves. Antenna Height" means the distance from the grade of the property at the base of the antenna or, in the case of a roof mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and its associated support structure when fully extended. Antenna Structure" means an antenna or array of antennas and its associated support structure, including, without limitation, a mast or tower. Base Station or Equipment Shelter" means a fixed station at a specified site authorized to communicate with mobile stations, micro cells, repeaters or other wireless stations, usually housed in metal cabinets or small structures on or within close proximity to the antenna structure on the same site. BIB] 37874-U01 ORD-U02 1212-U02 LI2-U03 FO8535-U03 FO9348-U03 DO23861-U03 C5-U03 ORDINANCES-U03 9/9/2003-U04 ROBIN-U04 ORD 1212pT3(Ìì.£ Ordinance 1212 Page3 City" shall mean the City of Baldwin Park Director of Public Works" means the duly appointed and acting Director of Public Works of the City. Erect" shall mean to build, construct, attach, hang, place, suspend, paint or affix. Public right-of-way" means that portion of the street, sidewalk and/or parkway that is owned by the City. Screening" means the effect of locating an antenna behind a building, wall, facade, fence, landscaping, berm and/or other specially designed device so that view of the antenna from adjoining and nearby public street right-of-way and private properties is eliminated or minimized. Unlicensed Wireless Service" means the offering of telecommunication services, using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services, as defined in 47 U.S.C. 332(c)(7). Wireless Communication Services" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, as defined in 47 U.S.C. 332(c)(7). Wireless Communication Facilities" means facilities for the provision of wireless communication services, as defined in 47 U.S.C. 332(c)(7). B) Application 1. Prior to the installation of a Wireless Communication Facility on private property, including the property of the City of Baldwin Park which is not located within the public right-of-way, the owner and/or occupant with written permission from the owner, of the lot, premises, parcel of land, building or structure on which a wireless facility is to be located, shall first make application for Design Review and obtain approval from the Design Review Committee, pursuant to Section 153.656 of this Code. Once approved, the applicant shall obtain approval of a conditional use permit CUP) from the City pursuant to Section 153.630, et seq. of this Code. 2. Prior to the Installation of a Wireless Communication Facility on property within the public right-of-way, the applicant shall first obtain a Wireless Facility Encroachment Permit from the Public Works Director. At least fifteen 15) days prior to issuing the permit, written notice of the application shall be sent to all property owners within a three hundred foot 300') radius of the proposed facility. In issuing the permit, the Public Works Director shall take into consideration all comments BIB] 37874-U01 ORD-U02 1212-U02 LI2-U03 FO8535-U03 FO9348-U03 DO23861-U03 C5-U03 ORDINANCES-U03 9/9/2003-U04 ROBIN-U04 ORD 1212pT3(Ìì.£ Ordinance 1212 Page 4 provided by the public, and may impose conditions on the permit prior to its issuance relating to the time, place and manner of the use of the public property. The Public Works Director may deny the Wireless Facility Permit if the application is incomplete or does not adequately mitigate the Facility's adverse impact on the health, safety or welfare of the community, including, but limited to, adverse aesthetic impacts arising from the proposed time, place and manner of use of the public property. Within fifteen 15) days after the determination by the Director to issue or deny the Permit, any person may appeal the decision to the Planning Commission. Should an appeal be made, issuance of the permit shall be stayed. If no appeal is made within the fifteen 15) day period, the permit shall be issued. The Public Works Director may, in his or her discretion, refer any application to the Planning Commission for a decision on the issuance of a permit. The hearing on the appeal or the referral to the Planning Commission shall be held following at least fifteen 15) days notice to the applicant and all property owners within a three hundred foot 300') radius of the proposed facility. The decision of the Planning Commission shall be based on the same standards as applicable to the Public Works Director. 3. All applications for a permit for the installation of a wireless communication facility, whether on public or private property, shall make application for Design Review and contain the following information: a) A legal description of the property where the Wireless Communication Facility is to be installed. b) A radius map and a certified list of the names and addresses of all property owners within three hundred feet 300') of the exterior boundaries of the property involved, as shown on latest assessment role of the County Assessor. c) A plot plan of the lot, premises or parcel of land, showing the exact location of the proposed Wireless Communication Facility including all related equipment and cables), exact location and dimensions of all buildings, parking lots, walkways, trash enclosures and property lines. d) Building elevations and roof plan for building and/or roof top mounted facilities) indicating exact location and dimensions of equipment proposed. For freestanding facilities, indicate surrounding grades, structures and landscaping from all sides. e) Proposed landscaping and/or non-vegetative screening including required safety fencing) plan form all aspects of the Wireless Communication Facility. BIB] 37874-U01 ORD-U02 1212-U02 LI2-U03 FO8535-U03 FO9348-U03 DO23861-U03 C5-U03 ORDINANCES-U03 9/9/2003-U04 ROBIN-U04 ORD 1212pT3(Ìì.£ Ordinance 1212 Page 5 f) Manufacturer's specifications, including installation specifications, exact location of cables, wiring, materials, color and any support devices that may be required. g) A silhouette, mock-up or elevation including all proposed antenna structures, antennas, and any related accessory equipment constructed prior to notice being given to the public, in order for the Planning Commission or the Public Works Director to assess aesthetic impacts to surrounding land uses and public rights-of-way. The Public Works Director may waive this requirement. h) Certified documentation by a licensed engineer demonstrating that any proposed Wireless Communication Facility will comply with the most current allowable radiation standards as allowed by the Federal Communications Commission for non- ionizing electromagnetic radiation NIER) and electromagnetic fields EMF). In the event that the certified documentation cannot be submitted, the City may hire a consultant to evaluate the potential NIER or EMF of the proposed Facility. The applicant shall pay the fee charged by the consultant. i) Identification of materials contained within the Facility, which are potentially harmful to persons, animals, or vegetation, and a description of the methods of protection from harm. j) Any other information as deemed necessary by the City in order to consider an application for a Wireless Communication Facility. k) The application shall be accompanied by the appropriate fee as set forth by Resolution of the City Council. C) Design Standards. The following general design guidelines shall be considered for regulating the location, design and aesthetics for a Wireless Communication Facility: 1. Site Selection Criteria. a) Wireless Communication Facilities in the form of antennas which are mounted on, and blended into the architecture of a building and substantially hidden from view of the public right- of-way, may be installed on all Neighborhood Commercial C- 1) zoned properties, subject to the approval by the Design Review Committee and the Planning Commission. BIB] 37874-U01 ORD-U02 1212-U02 LI2-U03 FO8535-U03 FO9348-U03 DO23861-U03 C5-U03 ORDINANCES-U03 9/9/2003-U04 ROBIN-U04 ORD 1212pT3(Ìì.£ Ordinance 1212 Page 6 b) All other forms of wireless facilities may be permitted/installed in the General Commercial C-2), Commercial Manufacturing CM), Industrial I), Industrial Commercial 1C), Freeway Commercial FC), Office Industrial 01), Public Facilities, and Open Space OS) zones, subject to approval by the Design Review Committee and the Planning Commission. c) All proposed Wireless Communication Facilities within Redevelopment Project Areas must receive conceptual approval by the Redevelopment Agency as a prerequisite to the issuance of building permits. d) If feasible, Wireless Communication Facilities should be located or co-located at the same site as existing wireless facilities unless the new Facility would interfere with the operation of such existing facilities, is aesthetically incompatible with them, or would be otherwise detrimental to the community. e) All Wireless Communication Facilities including all related accessory cabinet(s)) shall meet the height and setback requirements of the underlying zone. In no case shall any portion of a Facility be located in a defined front yard or side yard. The Design Review Committee or Planning Commission may require additional setbacks and/or restricted location areas than that specified for the underlying zone based on the existing development of the site and/or surrounding land uses. f) Any freestanding ground-mounted Wireless Communication Facility, including any related accessory cabinet(s) shall apply toward the allowable lot coverage for the structures/buildings of the underlying zone. In no case shall any part of a Facility alter vehicular circulation within a site or impede access to and from a site. In no case shall a facility alter of-street parking spaces such that the required number of parking spaces for a use are decreased) or interfere with the normal operation of the existing use of the site. 2. Visual Impacts. a) Facilities shall be designed to be as visually unobstructed as possible. Colors and designs must be integrated and compatible with existing on-site and surrounding buildings and/or uses in the area. Facilities shall be sited to avoid or minimize obstruction of views from adjacent properties. BIB] 37874-U01 ORD-U02 1212-U02 LI2-U03 FO8535-U03 FO9348-U03 DO23861-U03 C5-U03 ORDINANCES-U03 9/9/2003-U04 ROBIN-U04 ORD 1212pT3(Ìì.£ Ordinance 1212 Page 7 b) Facilities shall not be of a bright, shiny or glare reflective finish. The Facility shall be finished in a color to neutralize it and blend it with, rather than contrast it from, the sky and site improvements immediately surrounding, provided that, wherever feasible, a light color shall be used to meet this requirement. c) If feasible, the base station/equipment shelter and the wires and cables necessary for the operation of a Wireless Communication Facility shall be placed underground so that the antenna is the only portion of the Facility that is aboveground. If the base station/equipment shelter is located within, or on the roof of a building, it may be placed in any location not visible from surrounding areas outside the building, with any wires and cables attached to the base station or equipment shelter screened from the public view. The applicant shall demonstrate to the satisfaction of the Planning Commission or Public Works Director that it is not feasible, either technically or because of cost. to locate the base station/equipment below ground. d) Innovative Design to minimize visual impact must be used whenever the screening potential for the site is low. For example, the visual impact of a site may be mitigated by using existing light standards and telephone poles as mounting structures, or by constructing screening structures, which are compatible with surrounding architecture. e) Screening of the Facility should take into account the existing improvements on or adjacent to the site, including landscaping, walls, fences, berms or other specially designed devices, which preclude or minimize the visibility of the Facility and the grade of the site as related to surrounding, nearby grades of properties and public street right-of-ways. f) Landscaping, whether natural or artificial, shall be placed so that the antenna and any other aboveground structures are screened from view to the extent possible. g) The maximum antenna height of any Wireless Communication Facility shall not exceed the maximum height limit of the underlying zone. The applicant may apply for a height increase of up to twenty feet beyond the maximum height of the underlying zone or the maximum height of a building if both of the following conditions are met: BIB] 37874-U01 ORD-U02 1212-U02 LI2-U03 FO8535-U03 FO9348-U03 DO23861-U03 C5-U03 ORDINANCES-U03 9/9/2003-U04 ROBIN-U04 ORD 1212pT3(Ìì.£ Ordinance 1212 Page8 i. There are no feasible alternate locations or designs that would allow a facility to meet the underlying zone's maximum height limit; and ii. There are exceptional circumstances such as topography, existing vegetation or structures that require a Facility to exceed the underlying zone's maximum height limit in order to function effectively. D) Maintenance. Wireless Communication Facilities shall be maintained on a regular, as needed basis, or not less than once a year. Maintenance shall include painting and the care and replacement of dead or diseased landscaping installed to minimize the visual obtrusiveness of the Facility. Maintenance shall be performed Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m., unless the maintenance and repair is of an emergency nature. E) Termination of Use. If the Wireless Communication Facility is located on public property or within a public right-of-way and the permittee desires to terminate its use, written notice of termination shall be given to the Public Works Director prior to the commencement of removal. The Facility and all related screening shall be completely removed from its location and returned to its original condition within thirty 30) days of the date of such notice. Prior to the commencement of removal, a cash bond shall be posted by the permittee in an amount sufficient to cover the cost of such removal. Should the removal not be completed within the thirty day period, the City may draw upon the bond and complete the removal of the Facility. Upon completion of the removal, the bond, or any remaining portion thereof, shall be returned to the permittee. F) Fee or Tax- The City Council may, by Resolution, impose any fee or tax permitted by law for the placement of a Wireless Communication Facility. Such fee or tax shall be in addition to any fee imposed by the City Council for an application for Design Review and a Conditional Use Permit. SECTION 3. The City Council at the time of the public hearing on the above matter reviewed and considered the proposed Negative Declaration of Environmental Impact. The City Council, based upon its public review, does hereby find that said Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act and hereby recommends adoption of the Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. BIB] 37874-U01 ORD-U02 1212-U02 LI2-U03 FO8535-U03 FO9348-U03 DO23861-U03 C5-U03 ORDINANCES-U03 9/9/2003-U04 ROBIN-U04 ORD 1212pT3(Ìì.£ Ordinance 1212 Page 9 SECTION 4. That this ordinance shall go into affect and be in full force and operation from and after thirty 30) days after its final reading and adoption. PASSED AND APPROVED on this 3rd day of September 2003. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on August 20, 2003. That there after said Ordinance No. 1212 was duly approved and adopted at a regular meeting of the City Council on September 3, 2003 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCUrMEMBERS ROSEMARY T^RAMJREZ, CMC CHIEF DEPUTY CITY CLERK Marlen Garcia, David Olivas, Ricardo Pacheco, Mayor Pro Tern Bill Van Cleave, and Mayor Manuel Lozano None None None BIB] 37874-U01 ORD-U02 1212-U02 LI2-U03 FO8535-U03 FO9348-U03 DO23861-U03 C5-U03 ORDINANCES-U03 9/9/2003-U04 ROBIN-U04