§ 19.28.040. Additional standards.

To ensure compatibility with this Ordinance and surrounding land uses, protect public safety and natural, cultural, and scenic resources, preserve and enhance the character of neighborhoods, all wireless telecommunications facilities subject to this Chapter shall be located, developed, and operated in compliance with the following standards unless the Zoning Administrator or the Planning Commission approves a use permit subject to the findings in Section 19.28.060. All new telecommunications facilities shall meet the following requirements and standards:

A.

Location and Siting. All facilities shall be designed and sited to minimize their visibility, prevent visual clutter, and reduce conflicts with surrounding land uses. As used in this Chapter, "readily visible" means that a person with normal vision can see the facility and distinguish it as an antenna or other component of a wireless telecommunications facility.

1.

Notwithstanding Items 2-9 of this subsection (A), new antennas and other similar facilities may be located on the existing utility towers that exist in the linear utility easement in the hillside area of El Cerrito, provided that they do not project more than two feet beyond the exterior of the tower structure.

2.

No facility shall be sited within 100 vertical feet of a ridge top unless (a) it has been designed to blend with the surrounding natural or existing built environment so that it is effectively unnoticeable, or (b) due to the specific location, existing development or existing vegetation, the facility will be screened from public view.

3.

No facility shall be sited where it will be silhouetted against the sky as viewed from a public park or other public recreation area or intrude into a significant or sensitive view corridor.

4.

No facility shall be sited where it will be readily visible from a public right-of-way, public park or cultural facility.

5.

No facility shall be located in a residential zoning district where it is readily visible from the habitable area of a dwelling unit within 300 feet of the facility.

6.

No telecommunications antenna or ancillary facility shall be established as the primary use on any site unless the site has already been developed with a legally established wireless facility.

7.

Antennas, support structures, and equipment shelters may be installed on the roof or directly attached to any existing building or structure if they:

a.

Are not visible from the public right-of-way or from the habitable portion of any dwelling unit within 300 feet or;

b.

Are architecturally integrated into the design of the building or structure so long as such facilities do not protrude more than two feet horizontally from the building or structure, and comply with the height requirements of this Chapter.

8.

No wireless facility that is readily visible from an off-site location shall be installed closer than one mile from another wireless telecommunications facility that is readily visible or un-camouflaged, unless it is a collocated facility on a multiple-user site, and has been designed or camouflaged so that it blends into the surrounding natural or existing built environment.

9.

Sites that require construction or grading on slopes of 30% or more shall be avoided unless no other site with a lesser slope is feasible, and environmental review shows that all drainage and erosion impacts can be mitigated to less than significant levels.

B.

Support Structures. Support structures for wireless telecommunications facilities shall be any of the following:

1.

A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole must be constructed to allow for co-location of at least one other similar wireless communications provider.

2.

A monopole mounted on a trailer or a portable foundation if the use is for a temporary wireless communications facility.

3.

An existing non-residential building.

4.

An existing structure other than a building including but not limited to, light poles, electric utility poles, water towers, steeples, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility or light pole erected to replace an existing pole, if the replacement pole will serve both electric or lighting and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.

5.

A new alternative tower structure such as a clock tower, steeple, functioning light pole, or any similar alternative-design support structure that is designed to conceal or camouflage the facility. The term "functioning" as used here means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

C.

Height. The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached to it. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

1.

A freestanding antenna or monopole shall not exceed the height limit of the district in which the antenna is located.

2.

Building-mounted wireless telecommunications facilities shall not exceed the height allowed for projections above the height limit as specified in Sections 19.06.030 and 19.07.030.

3.

A functioning light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles, except wireless telecommunications facility antennas may extend up to 15 feet above the lighting array of a ball field light pole.

4.

Wireless telecommunications facilities mounted on an existing tower or monopole may exceed the height of the existing structure by five feet, up to the maximum height allowed by this Chapter, if camouflaged as part of the structure design.

5.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

D.

Setback. When determining whether a wireless telecommunications facility complies with the following requirements, the setback shall be measured from the closest point on the base of the tower, antenna or other structure to the applicable property line or structure.

1.

Except as otherwise provided in this Chapter, all wireless facilities that are not building mounted or mounted on an existing structure shall meet the following setback standards:

a.

Set back a minimum distance of 100 feet from any property lines that contains residentially zoned property, dwelling unit, school or daycare facility, public park, or outdoor recreation area, unless the wireless facility is designed as a flagpole, tree, or other stealth structure approved by the Zoning Administrator;

b.

Set back from any adjacent property line a minimum distance that is equal to 110 percent of the height of the facility (including attached antennae), or a minimum distance equal to the building setback for the district in which it is located, whichever is greater.

c.

Guy wire anchors shall be set back at least 20 feet from any property line.

2.

Any equipment cabinet or building shall comply with the required setbacks for accessory structures of the zoning district in which it is located.

3.

A satellite dish that is greater than one meter in diameter shall not be located within a required front, side or rear setback and shall not be located in any area between a building and the adjacent public right-of-way.

4.

A satellite dish that is greater than two meters in diameter shall not be located within a required front yard or side yard abutting a street in any non-residential district.

E.

Design and Screening. Wireless facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing supporting structures, so as to reduce visual impacts to the extent feasible.

1.

Based on their potential aesthetic impact, the order of preference for facility type is: flush-mounted, facade-mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.

2.

All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location or other objectives of this Chapter.

3.

Telecommunications facilities that are mounted on buildings or structures shall be designed to match existing architectural features, be incorporated in building design elements, camouflaged, or otherwise screened to minimize their appearance in a manner that is compatible with the architectural design of the building or structure.

4.

To the extent feasible, wireless telecommunications facilities, including all components thereof, shall be painted or textured to camouflage the installation, achieve architectural compatibility, or otherwise minimize the facility's visibility. Paint colors, which must be non-reflective, are subject to approval.

5.

All telecommunications facilities subject to the requirements of this Chapter shall be installed in such a manner so as to maintain and enhance existing native vegetation and minimize disturbance of existing topography unless the decision-making authority determines that such changes will minimize the visual impact of the facility. Site plans shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, "mature landscaping" shall mean trees, shrubs or other vegetation of a size that will provide the appropriate level of visual screening immediately upon installation.

6.

No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it. The owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping.

7.

Wireless telecommunication facilities shall be not be lighted except when authorized personnel are present on-site at night or unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes, if the beam is directed downwards, shielded from adjacent properties and kept off when personnel are not present at night.

8.

No advertising shall be placed on wireless telecommunications facilities, equipment cabinets, or associated structures.

9.

In residential districts ground-mounted satellite dishes with a diameter greater than one meter shall be screened from view from any public right-of-way and adjoining property.

10.

At the time of modification or upgrading of facilities, providers shall, to the extent feasible, replace existing equipment with equipment of equal or greater technical capacity, and reduced size to reduce visual impacts.

F.

Equipment Cabinets and Buildings.

1.

Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.

2.

An equipment cabinet shall not exceed eight (8) feet in height and a building shall not exceed one story. An equipment cabinet or building may contain an area of up to 300 square feet for a single provider or 600 square feet for multiple wireless providers. Notwithstanding the foregoing, an equipment cabinet or building for servicing a public safety communications tower may exceed the size limitations set forth herein.

G.

Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

1.

Security fencing, if any, shall not exceed six (6) feet to 10 feet in height, consistent with fencing in the area. Fencing shall be no less than the above grade height of any equipment cabinet. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.

2.

Anti-climbing features shall be incorporated into wireless telecommunications facilities, as needed, to reduce potential for trespass and injury.

3.

The permittee shall be responsible for maintaining the site and facilities free from trash, debris and graffiti.

H.

Radio Frequency Standards—Noise.

1.

Wireless telecommunications facilities shall comply with federal standards for radio frequency (RF) emissions and interference. No wireless telecommunications facility or combination of facilities shall at any time produce power densities that exceed the FCC's limits for electric and magnetic field strength and power density for transmitters, or operate in a manner that will degrade or interfere with existing communications systems as stipulated by federal law. Failure to meet federal standards may result in revocation or modification of the permit.

2.

Wireless facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any non-residential adjacent property. 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 8:30 a.m. and 4:30 p.m.

I.

Co-Location. The applicant and owner of any site on which a wireless facility is located shall cooperate and exercise good faith in co-locating wireless facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location, and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.

1.

All facilities shall make available unused space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third party technical study at applicant's expense. The City may review any information submitted by the applicant and permittee(s) in determining whether good faith has been exercised.

2.

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings, shall be shared by site users whenever possible.

3.

No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunications facilities or failure of the existing facilities to meet federal standards for emissions.

4.

When antennas are co-located, the city may limit the number of antennas with related equipment to be located at any one site by any provider to prevent negative visual impacts.

5.

Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this Chapter is grounds for denial of a permit request or revocation of an existing permit.

J.

Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs. At a minimum, such facilities shall comply with the following requirements:

1.

At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.

2.

The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the California Building Standards Code.

3.

Monitored automatic fire extinguishing systems approved by the Fire Chief shall be installed in all equipment buildings and enclosures.

4.

Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

(Ord. 2008-2 Div. II (part), 2008.)