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ZOA 96-2 COMMUNICATION TOWERS 1996
CITY OF PALM DESERT TRANSMITTAL LETTER I . TO: Honorable Mayor and City Council II . REQUEST: Consideration of approval of zoning ordinance amendment to regulate commercial communication towers and commercial communication antennas III . APPLICANT: City of Palm Desert IV. CASE NO. : ZOA 96-2 V. DATE: October 10, 1996 VI . CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 96-2 E. Planning Commission Resolution No. 1765 F. Planning Commission Staff Report dated September 17, 1996 G. Related maps and/or exhibits A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. to second reading. B. BACKGROUND: i Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and the City Council . TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10, 1996 The city Council determined that it wished to enact a specific ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities . July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities. The moratorium was extended at the August 22 , 1996 council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force. C. DISCUSSION: The ordinance before you has been reviewed and revised by the members of the Zoning ordinance Review Committee and the Planning Commission. Essentially, the ordinance does the following: a. defines commercial communication towers and commercial communication antennas; b. prohibits these facilities in residential zones except through the exception procedure; C. permits these facilities in the C-1, PC, SI, P, OS and PI _zone districts; d. requires all commercial communication antennas to obtain approval of the Architectural Review Commission; e . requires new freestanding commercial communication towers and commercial communication antennas to obtain approval of a conditional use permit by the Planning Commission; f . establishes minimum separation requirements from residential zones; g. establishes minimum separation requirements between individual towers; h. establishes maximum overall height of 85 feet; I . encourages shared use/collocation on existing .and new commercial communication towers as a primary option rather than construction of additional single-use towers; 2 TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10, 1996 j . establishes an exceptions process and required findings to be affirmed by the Planning Commission. D. PLANNING COMMISSION HEARING AND ACTION: One person spoke at the Planning Commission hearing and expressed support for the proposed ordinance. The Planning Commission, by its Resolution No. 1765, unanimously (5-0) voted- to recommend approval of Case ZOA 96-2 to the City Council . E. PENDING APPLICATIONS: The moratorium allowed tower applications to be processed pending final approval of the ordinance by the City Council . The approval of any application would not be effective until the ordinance was adopted and the. moratorium lifted. Any approval must also be absolutely consistent with the ultimately adopted ordinance . The original applications from Pacific Bell Mobile Services for the towers were modified by the applicant consistent with the provisions of the draft ordinance reviewed by the City Attorney, the Zoning Ordinance Review Committee and recommended by. - the Planning Commission, which required approval of a conditional use permit . On October 1 public hearings were held before the Planning Commission on the three conditional use permit applications submitted by Pac Bell . The antennas are to be located on the roof of the Town Center, in the Cook Street industrial area and at the back of the Country, Club Industrial Park near Gold' s Gym. At the noticed public hearing the Planning Commission approved the conditional use permits (see attached 3 TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10, 1996 staff reports, exhibits and resolutions). There was no opposition at the hearings. These conditional use permits will become effective only if they are consistent with the ordinance as ultimately adopted. Pac Bell has requested that the ordinance be approved as an urgency ordinance and become effective upon adoption so that their towers can be constructed in time for their initiation of valley-wide service January 1, 1997 . Prepared by: Steve Smith Reviewed and Approved by: Phil Drell SS :db/tm 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS; AMENDING CHAPTER 25.04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMERCIAL COMMUNICATION ANTENNAS AND COMMERCIAL COMMUNICATION TOWER; AMENDING CHAPTER 25 .28 GENERAL COMMERCIAL DISTRICT; AMENDING CHAPTER 25.30 PLANNED COMMERCIAL DISTRICT; AMENDING CHAPTER 25 .34 SERVICE INDUSTRY DISTRICT; AMENDING CHAPTER PUBLIC/INSTITUTIONAL DISTRICT; AMENDING CHAPTER 25.42 OPEN SPACE DISTRICT; AND ADOPTING A NEW CHAPTER 25 . 104 "COMMERCIAL COMMUNICATION TOWER AND COMMERCIAL COMMUNICATION ANTENNA REGULATIONS" . The City Council of the City of Palm Desert, California, DOES ORDAIN, as follows : SECTION 1 : That section 25 . 04 . 202 and 25 . 04 . 203 be added to define commercial communication antenna and commercial communication tower respectively as follows : 25 04 202 • "Commercial Communication Antenna" Commercial communication antenna shall mean an antenna designed to transmit or receive _communications as authorized by the Federal ' Communications Commission. The term commercial communication tower shall not include amateur radio operators ' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . 25 04 203 • "Commercial Communication Tower" Commercial communication tower shall mean a tower greater than 35 feet in height (including antenna) which supports commercial communication (transmission or receiving) equipment. The term commercial communication tower shall not include amateur radio operators ' equipment, as licensed by the ORDINANCE NO. Federal Communications Commission (FCC) or home satellite/television antennas . SECTION 2 : That section 25 .28 . 030 of the municipal code be amended by adding to said section the following subparagraph: "M. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 3 : That section 25 .28 . 020 A of the municipal code be amended by adding to the end of said section the following subparagraph: "Commercial communications towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 4 : That section 25 . 30 . 020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter -�15 . 104 Commercial Communication Tower Regulations. " SECTION 5 : That section 25 . 030 . 020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 6 : That section 25 . 34 . 030 of the municipal code be amended by adding to said section the following subparagraph: 2 ORDINANCE NO. C. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations. " SECTION 7 : That section 25 . 38 . 030 of the municipal code be amended by adding to said section the following subparagraph: "R. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 8 : That section 25 .42 . 030 of the municipal code be amended by adding to said section the following subparagraph: G. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communications Tower Regulations . " SECTION 9 : That Chapter 25 . 104 is hereby added to the Municipal Code of the City of Palm Desert to read as follows : Chapter 25. 104 "Commercial Communication Tower and Commercial Communication Antenna 12egulations" t . Sections : 25 . 104 . 010 Purpose and Intent 25 . 104 . 020 Applicability 25 . 104 . 030 Permitted Commercial Communication Towers and/or Antennas 25 . 104 . 040 Performance and Construction Standards 25 . 104 . 050 Exception Process 25 . 104 . 010 Purpose and Intent . The regulations and requirements set forth herein are adopted for the following purposes : 3 ORDINANCE NO. (a) To provide for the location of commercial communication towers and commercial communication antennas in the City of Palm Desert : (b) To protect land uses from potential adverse impacts of commercial communication towers and antennas : (c) To minimize adverse visual impacts of commercial communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques : (d) To accommodate the growing need for commercial communication towers and antennas : (e) To promote and encourage shared use/collocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers : (f) To protect the public health, safety and welfare : (g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures : - - 25 . 104 . 020 Applicability. (a) All new commercial communication towers and commercial communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations . I For purposes of measurement, communication tower setbacks and separation distances as delineated in Section '25 . 104 . 040, subsection (e) (3) , shall be calculated and applied irrespective of municipal and county jurisdictional boundaries . (b) All commercial communication towers and commercial communication antenna facilities existing on 1996 (the effective date of this 4 l ORDINANCE NO. ordinance) shall be considered permitted uses, and allowed to continue their usage as they presently exist ; provided however, that anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing commercial communication tower, shall comply with the requirements of Section 25 . 104 . 040, subsection (e) (3) . Routine maintenance shall be permitted on such existing towers. 25 . 104 . 030 Permitted Commercial Communication Towers and Commercial Communication Antennas in Zoning Districts of City. (a) Commercial communication towers and commercial communication antennas shall not be permitted in any residential zoning district in the city. Exceptions to this provision may be processed pursuant to Section 25 . 104 . 040 (1) . (b) Commercial communication towers and commercial communication antennas may be approved in any of the following zone districts : (a) C1 General Commercial (b) PC Planned Commercial (c) SI Service Industrial (d) P Public/Institutional (e) OS Open Space (f) PI Planned Industrial (c) Commercial communication towers and commercial communication antennas may locate on existing towers or buildings . (1) When located on buildings, commercial communication towers and commercial communication antennas shall be 5 C ORDINANCE NO. architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color and materials as determined by the Architectural Review Commission. (2) Shall not exceed 50% of the building height . (d) Requests for building mounted commercial communication antennas in excess of 50% of the building height shall be processed pursuant to the requirements of subsection (e) . (e) New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless the applicant : (1) Substantiates to the satisfaction of the Planning Commission: (a) that existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and (c) that the applicant shows compelling technological or economic reason (s) for requiring a new freestanding facility. (2) Obtains a conditional use permit pursuant to Chapter 25 . 72 of the Code . 6 I ORDINANCE NO. 25 . 104 . 035 Public Notice Required Due to the expanded area of potential impact of commercial communication towers and antennas, notice of public hearings shall be given not less than ten days nor more than thirty days prior to the date of the hearing by publication in a newspaper of general circulation in the city, and mailing notices to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property that is the subject of the hearing or 500 feet from the base of the tower, whichever is greater. 25 . 104 . 040 Performance and Construction 'Standards for Commercial Communication Towers and Commercial Communication Antennas . (a) Setbacks . Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located. (b) Separation from off-site uses . 1 . Commercial- communication tower, separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in Section (d) (2) below. 2 . Separation requirements for commercial communication towers shall comply with the following minimum standards : 7 ORDINANCE NO. OFF-SITE USE SEPARATION DISTANCE residentially zoned three (3) times lands or residential height of tower, uses with a minimum of 100 feet (c) Separation distances between commercial communication towers. 1 . Separation distances between commercial communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after 1996 (the effective date of this ordinance) . 2 . The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. 3 . The separation distances (listed in linear feet) shall be as follows : TOWERS-TYPES Monopole greater than 50 feet in height 1000 feet Monopole 50 feet or less in height 500 feet Guyed tower at any height 1000 feet (d) Fencing. A fence or wall not less than eight (8) feet in' height from finished grade shall be provided around each commercial communication tower I ORDINANCE NO. except those installed on roof tops. Access to the tower shall be through a locked gate. (e) Landscaping. The visual impacts of a commercial communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures . Landscaping and buffering of commercial communication tower shall be required around the perimeter of the tower and accessory structures to the satisfaction of the Architectural Review Commission. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements. (f) Height . 1 . No freestanding commercial communication tower/antenna shall exceed 85 feet in height from ground level . 2 . Where install%d on top of a building, no commercial communication tower/antenna shall extend greater than 50% over the building _ — height . (g) Type of Construction. Commercial communication towers shall be monopole construction; provided, however, that guyed construction may be approved by the Planning Commission upon consideration of the following factors : 1 . Compatibility with adjacent properties; 2 . Architectural consistency with adjacent properties; and 9 I ORDINANCE NO. 3 . visual impact on adjacent properties, including visual access of adjacent properties to sunlight . (h) Development Criteria. Commercial communication towers/antennas shall comply with the minimum development criteria of the district in .which they are located, pertaining to minimum lot size and open space . (i) Illumination. Commercial communication towers/ antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. (j ) Collocation. 1 . Proposed commercial communication antennas may, and are encouraged to, collocate onto existing commercial communication towers provided such collocation is accomplished in a manner consistent with this section, such collocation is permitted without amendment of the existing conditional use permit . if no additional modification to the tower is proposed. 2•. Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing tower. Any modification of that existing tower is subject to the conditional use permit process and Section 25 . 104 . 030 . 3 . If determined by the City that the proposed commercial tower is situated in a location which will benefit the City ' s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a 10 ORDINANCE NO. cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower to meet the City' s needs. (k) Noninterference. No commercial communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities . (1) .Exce tions An request to deviate from any of the P Y requirements of this section shall require approval of an exception pursuant to Section 25 . 104 : 050 . (m) Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate or modify a commercial communication tower/antenna. (n) Signs and Advertising. The use of any portion of a commercial communication tower for signs or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. -(o) Abandonment . In the event the use of any commercial communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment , the owner/operator of the tower shall have an additional 180 days within which to: (I) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal , any variance approval for the tower shall automatically expire. 11 ORDINANCE NO. 25 . 104 . 050 Exception Process . The Planning Commission may approve exceptions relative to: (a) zoning districts on which commercial communication towers and commercial communication antennas may be located; (b) height of building mounted commercial communication antennas; (c) separation distances between residential zoned lands or residential uses_ and commercial communication towers; (d) separation distances between commercial communication towers; upon affirmation of the following findings : (a) that there is a unique land use characteristic or nearby geographic feature which results in a compelling technological need to locate the commercial communication towers and/or commercial communication antennas in the location and/or at the height proposed; and (b) that the unique land use characteristics or geographic features mitigate any negative aesthetic concerns . SECTION 10 . : Section 25. 56 .300 "The Height of a Structure" be amended by adding to the end of said section the following subparagraph. "The height limit contained in the zoning district regulations of this Code and in this Section do not apply to ground mounted commercial communication towers or building mounted commercial communication antennas . 12 ORDINANCE NO. Height of said ground mounted commercial communication towers and/or building mounted commercial communication antennas shall be as prescribed in Section 25 . 104 . 040 (g) . " SECTION 11 . : If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 12 . : This Ordinance shall become effective immediately upon passage. PASSED, APPROVED and ADOPTED this day of 1996, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert, California 13 CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of zoning ordinance amendment to regulate commercial communication towers and commercial communication antennas III . APPLICANT: City of Palm Desert IV. CASE NO. : ZOA 96-2 V. DATE: October 10, 1996 VI . CONTENTS: A. Staff Recommendation B. Discussion C. Draft Ordinance No. 817 D. Planning Commission Minutes involving Case No. ZOA 96-2 E. Planning Commission Resolution No. 1765 F . Planning Commission Staff Report dated September 17, 1996 G. Related maps and/or exhibits A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance No. 817 to second reading. B. BACKGROUND: Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and the City Council . TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10, 1996 The city Council determined that it wished to enact a speci.fic ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities . July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities. The moratorium was extended at the August 22 , 1996 council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force. — Sfa'�T � GP/ P1J� O/ C. DISCUSSION (k%'O re l jou// W/7$1 Zd� NdjsG61 c�!/C� � � r� i'z- r1c_ The ordinance before you has been reviewed and revised by the members of the Zoning Ordinance Review Committee and the Planning Commission. Essentially, the ordinance does the following: a . defines commercial communication towers and commercial communication antennas; b. prohibits these facilities in residential zones except through the exception procedure; C . permits these facilities in the C-1, PC, SI, P, OS and PI zone districts; d. requires all commercial communication antennas to obtain approval of the Architectural Review Commission; e . requires new freestanding commercial communication towers and commercial communication antennas to obtain approval of a conditional use permit by the Planning Commission; f . establishes minimum separation requirements from residential zones; g. establishes minimum separation requirements between individual towers; h. establishes maximum overall height of 85 feet; I . encourages shared use/collocation on existing and new commercial communication towers as a primary option rather than construction of additional single-use towers; 2 TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10;- 1996 j . establishes an exceptions process and required findings to be affirmed by the Planning Commission. D. PLANNING COMMISSION HEARING AND ACTION: One person spoke at the Planning Commission hearing and expressed support for the proposed ordinance. The Planning Commission, by its Resolution No. 1765, unanimously (5-0) voted to recommend approval of Case ZOA 96-2 to the City Council . E. PENDING APPLICATIONS: � ;�'» .i ✓� !' The moratorium allowed tower applications to be processed pending final approval of the ordinance by the City Council . The approval of any application would not be effective until the ordinance was adopted and the moratorium lifted. Any approval must also be absolute.ly consistent with the ultimately adopted ordinance. The original applications from Pacific Bell Mobile Services . for the towers were modified by the applicant consistent with the provisions of the draft ordinance reviewed by the City Attorney, the Zoning ordinance Review Committee and recommended by the Planning Commission, which required approval of a conditional use permit . On ',October 1 'public hearings were held before the Planning Commission on the three conditional use permit applications submitted by Pac Bell . The antennas are to be located on the roof- of the Town Center, in the- Cook Street industrial area and at the back of the Country Club Industrial Park near Gold' s Gym. At the noticed public hearing the '.Planning '. Commission approved the conditional use permits .(see attached 3 1 TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10, 1996 staff reports, exhibits and resolutions) . There was no opposition at the hearings. These conditional use permits will become effective only if they are consistent with the ordinance as ultimately adopted. Pac Bell has requested that the ordinance be approved as an urgency ordinance and become effective upon adoption so that their towers can be constructed in time for their initiation of valley-wide service January 1, 1997. Prepared by: Steve Smith Reviewed and Approved by� Phil Drell SS :db/tm 4 , ORDINANCE NO. 817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO , COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS; AMENDING CHAPTER 25.04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMERCIAL COMMUNICATION ANTENNAS AND COMMERCIAL COMMUNICATION TOWER; AMENDING CHAPTER 25.28 GENERAL COMMERCIAL DISTRICT; AMENDING CHAPTER 25 .30 PLANNED COMMERCIAL DISTRICT; AMENDING CHAPTER, 25.34 SERVICE INDUSTRY DISTRICT; AMENDING CHAPTER PUBLIC/INSTITUTIONAL DISTRICT; AMENDING CHAPTER 25.42 OPEN SPACE DISTRICT; AND ADOPTING A NEW CHAPTER 25 . 104 "COMMERCIAL COMMUNICATION TOWER AND COMMERCIAL COMMUNICATION ANTENNA REGULATIONS" . The City Council of the City of Palm Desert, California, DOES ORDAIN, as follows : SECTION 1 : That section 25 . 04 .202 and 25 . 04 .203 be added to define commercial communication antenna and commercial communication tower respectively as follows : 25 . 04 .202 : "Commercial Communication Antenna" Commercial communication antenna shall mean an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. The term commercial communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . - 25 . 04 . 203 : "Commercial Communication Tower" Commercial communication tower shall mean a tower greater than- - -35- feet -in --height (including antenna) which supports commercial communication I (transmission or receiving) equipment . The term commercial communication tower shall not include amateur radio operators ' equipment, as licensed by the ORDINANCE No.817 Federal Communications Commission (FCC) or home satellite/television antennas . SECTION 2 : That section 25 .28 .030 of the municipal code be amended by adding to said section the following subparagraph: "M. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 3 : That section 25 .28. 020 A of the municipal code be amended by adding to the end of said section the following subparagraph: "Commercial communications towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations. " SECTION 4 : That section 25 .30 . 020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 5 : That section 25 . 030 . 020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter .25 . 104 . .. - Commercial — Communication Tower Regulations . " SECTION 6 : That section 25 .34 . 030 of the municipal code be amended by adding to said section the following subparagraph: 2 ORDINANCE NO. 817 C. Commercial communication towers subject .to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations. " SECTION 7 : That section 25 .38 . 030 of the municipal code be amended by adding to said section the following subparagraph: R. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations. " SECTION 8 : : That section 25 .42 . 030 of the municipal code be amended by adding to said section the following subparagraph: "G. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communications Tower Regulations . " SECTION 9 : That Chapter 25 . 104 is hereby added to the Municipal Code of the City of Palm Desert to read as follows : Chapter 25 . 104 "Commercial Communication Tower and Commercial Communication Antenna Regulations" Sections : . 25 . 104 . 010 Purpose and Intent 25 . 104 . 020 Applicability 25 . 104 . 030 Permitted Commercial Communication Towers and/or Antennas 25 . 104 . 040 Performance and Construction Standards 25 . 104 . 050 Exception Process 25 . 104 . 010 Purpose and Intent . The regulations and requirements set forth herein are adopted for the following purposes: 3 r ORDINANCE NO. 817 (a) To provide for the location of commercial communication towers and commercial communication antennas in the City of Palm Desert : (b) To protect land uses from potential adverse impacts of commercial communication towers and antennas : (c) To minimize adverse visual impacts of commercial communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques: (d) To accommodate the growing need for commercial communication towers and antennas : (e) To promote and encourage shared use/collocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers : (f) To protect the public health, safety and welfare: (g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures: 25 . 104 . 020 Applicability. (a) All new commercial communication towers and commercial communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations. For purposes of measurement, communication tower setbacks and separation distances as delineated in Section 25 . 104 . 040, subsection (e) (3) , shall be calculated and applied . irrespective of .municipal and county jurisdictional boundaries. (b) All commercial communication towers and commercial communication antenna facilities existing on 1996 (the effective date of this 4 ORDINANCE No. 817 ordinance) shall be considered permitted uses, and allowed to continue their usage as they presently exist; provided however, that anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing commercial communication tower, shall comply with the requirements of Section 25 . 104 . 040, subsection (e) (3) . Routine maintenance shall be permitted on such existing towers . 25 . 104 . 030 Permitted Commercial Communication Towers and Commercial Communication Antennas in Zoning Districts of City. (a) Commercial communication towers and commercial communication antennas shall not be permitted in any residential zoning district in the city. Exceptions to this provision may , be processed pursuant to Section 25 . 104 . 040 (1) . (b) Commercial communication towers and commercial communication antennas may be approved in any of the following zone districts : (a) C1 General Commercial (b) PC Planned Commercial (c) SI Service Industrial (d) P Public/Institutional (e) OS Open Space` (f) PI Planned Industrial (c) Commercial communication towers and commercial _ .communication antennas.. . .may _..locate on existing towers or buildings. (1) When located on buildings, commercial communication towers and commercial communication antennas shall be 5 ORDINANCE NO. 817 architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color and materials as determined by the Architectural Review Commission. e (2) Shall not exceed SOs of the building height . (d) Requests for building mounted commercial communication antennas in excess of 50% of the building height shall be processed pursuant to the requirements of subsection (e) . (e) New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless the applicant : (1) Substantiates to the satisfaction of the Planning Commission: (a) that existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and (c) that the applicant shows compelling ..technological ...or. ..economic reason(s) for requiring a new freestanding facility. (2) Obtains a conditional use permit pursuant to Chapter 25 . 72 of the Code . 6 ORDINANCE NO. 817 25 .104 . 035 Public Notice Required Due to the expanded area of potential impact of commercial communication towers and antennas, notice of public hearings shall be given not less than ten days nor more than thirty days prior to the date of the hearing by publication in a newspaper of general circulation in the city, and mailing notices to all persons whose names appear on the latest adopted tax roll of Riverside County as owning property within three hundred feet of the exterior boundaries of the property that is the subject of the hearing or 500 feet from the base of the tower, whichever is greater. 25 . 104 . 040 Performance and Construction Standards for Commercial Communication Towers and Commercial Communication Antennas. (a) Setbacks. Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located. (b) Separation from off-site uses. 1 . Commercial communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in Section (d) (2) below. 2 . Separation requirements for commercial communication towers shall comply with the _-..f.ol lowing..minimum_standards.: 7 ORDINANCE NO. 817 OFF-SITE USE SEPARATION DISTANCE residentially zoned three (3) times lands or residential height of tower, uses wa-t-h-a minimum of feet 3OD (c) Separation distances between commercial communication towers . 1 . Separation distances between commercial communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after 1996 (the effective date of this ordinance) . 2 . The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. 3 . The separation distances (listed in linear feet) shall be as follows : TOWERS-TYPES Monopole greater than 50 feet in height 1000 feet Monopole 50 feet or less in height 500 feet Guyed tower at any height 1000 feet (d) Fencing. A fence or wall not less than eight (8) feet in height from finished grade shall be provided around each commercial communication tower 8 ORDINANCE NO. 817 except those installed on roof tops. Access to the tower shall be through a locked gate. (e) Landscaping. The visual impacts of a commercial communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures . Landscaping and buffering of commercial communication tower shall be required around the perimeter of the tower and accessory structures to the satisfaction of the Architectural Review Commission. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements. (f) Height . 1 . No freestanding commercial communication tower/antenna shall exceed 85 feet in height from ground level . 2 . Where installed on top of a building, no commercial communication tower/antenna shall extend greater than 50% over the building height . (g) Type of Construction. Commercial communication towers shall be monopole construction; provided, however, that guyed construction may be approved by the Planning Commission upon consideration of the following factors : 1 . Compatibility with adjacent properties; 2 . Architectural consistency with adjacent properties; and I 9 ORDINANCE NO. 817 3 . Visual impact on adjacent properties, including visual access of adjacent properties to sunlight . (h) Development Criteria. Commercial communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space . (i) Illumination. Commercial communication towers/ antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. (j ) Collocation. 1 . Proposed commercial communication antennas may, and are encouraged to, collocate onto existing commercial communication towers provided such collocation is accomplished in a manner consistent with this section, such collocation is permitted without amendment of the existing conditional use permit if no additional modification to the tower is proposed. 2 . Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing tower. Any modification of that existing tower is subject to the conditional use permit process and Section 25 . 104 . 030 . 3 . If determined by the City that the proposed commercial tower is situated in a location which will benefit the City ' s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a 10 ORDINANCE NO. 817 cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower . to meet the City Is needs . (k) Noninterference. No commercial communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities . (1) Exceptions. Any request to deviate from any of the requirements of this section shall require approval of an exception pursuant to Section 25 . 104 . 050 . (m) Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate or modify a commercial communication tower/antenna. (n) Signs and Advertising. The use of any portion of a commercial communication tower for signs or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. (o) Abandonment . In the event the use of any commercial communication tower has been discontinued for a period of 180 consecutive days, 'the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (I) reactivate the ' use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any variance approval for the tower shall automatically expire. 11 ORDINANCE NO. 817 25 . 104 . 050 Exception Process. The Planning Commission may approve exceptions relative to.: (a) zoning districts on which commercial communication towers and commercial communication antennas may be located; (b) height of building mounted commercial communication antennas; (c) separation distances between residential zoned lands or residential uses and commercial communication towers; (d) separation distances between commercial communication towers; upon affirmation of the following findings : (a) that there is a unique land use characteristic or nearby geographic feature which results in a compelling technological need to locate the commercial communication towers and/or commercial communication antennas in the location and/or at the height proposed; and (b) that the unique land use characteristics or geographic features mitigate any negative aesthetic concerns . SECTION 10 . : Section 25. 56 . 300 "The Height of a Structure" be amended by adding to the end of said section the following subparagraph. "The height limit contained in the zoning district regulations of this Code and in this Section do not apply to ground mounted commercial communication towers or building mounted commercial communication antennas. 12 a ORDINANCE NO. 817 Height of said ground mounted commercial communication towers and/or building mounted commercial communication antennas shall be as prescribed in Section 25 . 104 . 040 (g) . " SECTION 11 . : If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 12 . : This Ordinance shall become effective immediately upon passage. PASSED, APPROVED and ADOPTED this day of 1996, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert, California 13 MINUTES �.... PALM DESERT PLANNING COMMISSION R4P SEPTEMBER 17, 1996 4b SUBJF C. Case No. zOA 96-2 - CITY OF PALM DESERT, Applicant Request for approval of an amendment to regulate commercial communication towers and commercial communication antennas . Mr. Smith explained that the proposed ordinance was to allow regulation of commercial communication towers and commercial communication antennas . He said that applications were received by Pac Bell Mobile Services to install antennas around town at three different locations . The matter went through Architectural Review Commission and eventually to the City Council . When it got to City Council, Council chose to enact , a moratorium, which was done through an urgency ordinance on July 11, 1996 and 'then that urgency ordinance was . extended at the Council' s August 22 meeting. The moratorium would continue in effect until July, 1997, or until a new ordinance is in effect. He explained that what the commission had in the ordinance before them was a series of regulations that would apply to the communication towers and antennas . Effectively it defines commercial communication towers and commercial communication antennas . They are prohibited in residential zones except under an exceptions procedure which is outlined. It would permit the facilities in the C-1, Planned Commercial, Service Industrial, Public, Open Space, and in the Planned Industrial zoned districts . It would require all commercial communication antennas to obtain approval from Architectural Review Commission and would require new freestanding commercial communication towers and antennas to obtain approval of a conditional use permit obtained through the Planning Commission. He said that Pac Bell has filed revised applications that would be before the Planning Commission at the next meeting (October 1) . The ordinance would also establish minimum separation requirements from residential zones and minimum separation requirements between individual -towers to'the-pointwhere Item I comes into play in that the separation requirements in the zones where they are permitted is such that it encouraged the shared use or co-location of antennas on a single mast . Lastly, it would establish an exceptions process where if, `subject to certain 7 t MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 findings, the Planning Commission could approve them in a residential situation and what they were thinking of in that instance was if a company could come to some arrangement with, as an example, Ironwood Country Club or Bighorn and come up with some sort of design concept acceptable to them the city probably wouldn' t have too much opposition to it if they made peace with those bodies . In order to cover the south end of the city it might be something they want to hold open. They don' t expect to see it happen, but they have tried to provide for it . For purposes of CEQA ZOA 96-2 is a Class 5 categorical exemption. Staff recommended that Planning Commission recommend approval of the ordinance to the City Council . He noted that this matter was also reviewed through the Zoning Ordinance Review Committee at its last meeting. Staff received some ideas from them, they tried to incorporate those suggestions into this document and re-circulated this draft ordinance to that group approximately ten days ago indicating that staff would like some comments back if anyone had any. Mr. Smith had not heard from anyone so staff assumed the changes were satisfactory. Commissioner Jonathan said that as he understood the amendment if a new mast is going to go up the first step is the Architectural Review Commission and the second step is the Planning Commission for the conditional use permit . That would be a public hearing process with notification. Mr. Smith concurred that it would be a full conditional use permit process . Commissioner Ferguson stated that at the Zoning Ordinance Review Committee meeting the issue was raised that by requiring setbacks from residential zones they were actually maximizing the visual impact to that zone in that an 85 foot tower immediately adjacent to a residential zone would be seen by far fewer residents then a tower set back "x" number of feet . He asked if the 300 foot notification radius for a public hearing was sufficient when talking about an 85 foot tower. He asked if it should be broadened. Mr. Smith said that it was something to consider. Mr. Drell indicated that it could be. Commissioner Ferguson felt that people within 8 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 300 feet would be less impacted then those outside of 300 feet . . Mr. Drell suggested a . distance of 500 feet . Commissioner Jonathan concurred. Mr. Drell said that they were talking about some very massive mailings when getting higher. Commissioner Jonathan said that was better then having people before the Commission after the fact. Mr. Drell said that 500 feet gave a 1, 000 foot diameter circle. Mr. Smith asked if that was internally inconsistent with the rest of the ordinance. Mr. Drell replied no, not if they could make the finding that this unique use impacts that larger area as opposed to a restaurant or other use, where once you are out of sight and out of traffic range it didn' t impact at all . This would be within the sight of far more people . Commissioner Jonathan felt they should include it in the recommendation. Mr. Drell said that the commission could direct staff to do some site diagrams for council of an area and the profile seen from certain distances . Commissioner Jonathan felt it came down to whether they wanted to deal with those people through the due process or whether they wanted to hear from them when the towers/antennas were being installed. Commissioner Ferguson noted that 500 feet is a greater than five to one ratio, tower height to notification perimeter; 300 feet is less than four to one . It seemed to him that the people that fall within that additional 200 feet would be the ones that would be much more visually impacted then the 300 feet . Like Commissioner Jonathan, he would like them to be notified up front and give them an opportunity to speak about it . He didn' t feel that 300 feet was an adequate notice area. Mr. Smith said there was a proposal for the roof at the Town Center. The parcel that it is going on extends all the way out to the perimeter of the mall property, which is probably 800-900 feet from the actual antenna. If they, go 300 feet beyond that, they were already noticing residents at 1, 000 or 1, 100' feet. The same thing would happen for the Gold' s Gym site in--that they would move the antenna so that it is 200 feet from the property line and then they would notice into the residential area, which happens to be one residential ownership at this time because it has not been subdivided, but from the actual location of the tower, they were probably 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 talking about 500 feet . Mr. Drell felt that what they should do would be to have a unique noticing provision that the noticing distance should be based on the location of the tower, not on the parcel . Whatever they chose, it should be the distance from the actual base of the tower. Commissioner Jonathan suggested that the noticing could be the larger of 300 feet from the parcel or 500 feet from the tower. If they just said 500 feet from the tower and it was a 900 foot parcel, then no one was being noticed. Then they might be in violation of the normal ordinance. Mr. Drell concurred that they would have to do the 300 feet at a minimum from the parcel, or 500 feet from the tower. He noted that under this ordinance the antenna on top of the Town Center would not require a conditional use permit. Mr. Smith agreed, noting that it was only 16 feet above the roof, so it was not subject to the ordinance and would only be going before the Architectural Commission. Commissioner Ferguson stated that he felt that when getting 85 feet into the air, which is higher then anything else allowed, the visual impact in the valley was such that they should broaden the notice area and he would recommend limiting it just to communication towers. Chairperson Beaty opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . MR. DARRELL DAUGHERTY, representing Pacific Bell Mobile Services, thanked Mr. Drell and Mr. Smith for working with them on this. He felt it has been a good experience for them and they would before the Planning Commission at the next meeting. Co-location was something when they look at sites that people have to want to do. The industry generally didn' t want to do it for a lot of reasons . First of all they didn' t want to be bothered with allowing other people on their towers, generally, and there wasn' t incentive for them to do that. He liked parts of this ordinance that" didn' t give people a choice not to. That would be his message to the commission. If they really wanted to work for co-location, they should use some of these things as a tool . When they come before the Planning Commission for their facilities, 10 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 he wanted to let them know that there was a commitment for co-location and that Pac Bell would stand behind that and whatever the commission wanted to do with their site- they would work with them. He said that he was present and available to answer any questions regarding technology. Chairperson Beaty asked how many of these he anticipated were required to cover Palm Desert. Mr. Daugherty replied that they have three and about 14 throughout the whole valley. They have 3-4 in Palm Springs, 1 in Cathedral City, 2 in Rancho Mirage, 1 in Desert .Hot Springs, and 1 in Indian Wells . He said that when looking at the size of the city it was proportional and 14 would cover the whole desert region. Chairperson Beaty asked if this was new technology in competition with cell phones . Mr. Daugherty concurred. He said that about a year and a half ago the FCC auctioned off licenses , and Pac Bell received a license for new technology called PCS (Personal Communication Services) to compete with the existing cellular providers and they would do that on an all digital platform whereas the existing cellular service is analog now. He noted that the cellular companies were currently switching their services over to digital platforms. That process of migrating people off the analog service to the digital was estimated to take three to five years . Chairperson Beaty closed the public hearing and asked for commission comments and action. Commissioner Ferguson said that they reviewed this at the Comprehensive Zoning ordinance Review Committee . He thanked Mr. Daugherty and said that he has dealt with many lobbyists in his time and felt that Mr. Daugherty was eminently reasonable and he felt that this was a perfect accommodation between emerging technology and a city' s desire to regulate its own land use . As the ordinance was drafted, they went through a number of changes in such a way that it would not limit emergence of new technology artificially because none of them on the Review Committee were analog friendly and he felt it was a good compromise. It gave the city the ability to 11 �I MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 evaluate each project. Ironwood came up as mentioned by Mr. Smith. He said that he lives up there. Bighorn is back in a cove which is traditionally difficult to service by cell phone regions and if his country club was able to reach a compromise where they were able to put a tower way back at the south course where it would only be seen by a very few Ironwood homeowners and no one objected, they should be allowed to do SO. That flexibility was built into the ordinance, but the ultimate control was retained by the Planning Commission and Council . He liked the way the ordinance was drafted and they way the committee reviewed it and endorsed the proposed ordinance wholeheartedly with the greater notice provision for residents. Action: Moved by Commissioner Ferguson, seconded by Commissioner Campbell, approving the findings as presented by staff . Carried 5-0 . Moved by Commissioner Ferguson, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1765, recommending to City Council approval of ZOA 96-2, subject to amendment of the legal notice radius distance . Carried 5-0 . IX. MISCELLANEOUS None . X. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE None. XI. COMMENTS 1 . Mr. Drell said that he was contacted by the engineer for Katrina Heinrich and Lionel Steinberg, who were owners of a lot of property along the freeway. They were 12 PLANNING COMMISSION RESOLUTION NO. 1765 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN ORDINANCE TO REGULATE COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS. CASE NO. ZOA 96-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1996, hold a duly noticed public hearing to consider an ordinance to regulate commercial communication towers and commercial communication antennas; and WHEREAS; at said public hearing, upon hearing and considering all testimony 'and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to exist to justify their actions: 1. The proposed ordinance which will regulate commercial communication towers and commercial communication antennas is consistent with the intent of the General Plan and Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That ZOA 96-2, Exhibit A, is hereby recommended to the city council .for approval . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of September, 1996, by the following vote, to wit: AYES : CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE n PAUL R. BEATY, Chairp son ATTEST: PHILIP DRELLI Secretary Palm Desert Planning Commission CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 17, 1996 CASE NO: ZOA 96-2 REQUEST: Approval of zoning ordinance amendment to regulate commercial communication towers and commercial communication antennas. APPLICANT: City of Palm Desert I. BACKGROUND: Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and the City Council . The City Council determined that it wished to enact a specific ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities. July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities . The moratorium was extenclea at a August 22 1996 council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force. II . DISCUSSION• The ordinance before you has been reviewed and revised by the members of the Zoning Ordinance Review Committee . Essentially, the ordinance does the following: a. defines commercial communication towers and commercial communication antennas; b. prohibits these facilities in residential zones except through the exception procedure; C . permits these facilities in the C-1, PC, SI, P, OS and PI zone districts; d. requires all commercial communication antennas to obtain approval of the Architectural Review Commission; e. requires new freestanding commercial communication towers and commercial communication antennas to obtain approval of a conditional use permit; f . establishes minimum separation requirements from residential zones; g. establishes minimum separation requirements between individual towers; STAFF REPORT ZOA 96-2 SEPTEMBER 17, 1996 h. establishes maximum overall height of 85 feet ; i . encourages shared use/allocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers; j . establishes an exceptions process and required findings to be affirmed by the Planning Commission. III. CEOA REVIEW The proposed ordinance is a class 5 categorical exemption for the purposes of CEQA and no further documentation is. necessary. IV. RECOMMENDATION• That Planning Commission recommend approval of Case No. ZOA 96-2 to the City Council . V. ATTACHMENTS: A. Draft resolution B. ` Legal notice Prepared by Steve Smith c Reviewed and Approved b ;i�� Phil Drell /tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN ORDINANCE TO REGULATE COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL CO:v1MUNICATION ANTENNAS. CASE NO. ZOA 96-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1996, hold a duly noticed public hearing to consider an ordinance to . regulate commercial communication towers and commercial communication antennas; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to exist to justify their actions: 1 . The proposed ordinance which will regulate commercial communication towers and commercial communication antennas is consistent with the intent of the General Plan and Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1 . That the above . recitations are true and correct and constitute the findings of the commission in this case. 2 . That ZOA 96-2 , Exhibit A, is hereby recommended to the city council for approval : PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of September, 1996, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE . CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS; AMENDING CHAPTER 25 .04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMERCIAL COMMUNICATION ANTENNAS AND COMMERCIAL COMMUNICATION TOWER; AMENDING - CHAPTER 25 .18 GENERAL COMMERCIAL DISTRICT; AMENDING CHAPTER 25.30 PLANNED COMMERCIAL DISTRICT; AMENDING CHAPTER 25.34 SERVICE INDUSTRY DISTRICT; AMENDING CHAPTER PUBLIC/INSTITUTIONAL DISTRICT; AMENDING CHAPTER 25 .42 OPEN SPACE DISTRICT; AND ADOPTING A NEW CHAPTER 25 .104 "COMMERCIAL COMMUNICATION TOWER AND COMMERCIAL COMMUNICATION ANTENNA REGULATIONS" . The City Council of the City of Palm Desert, California, DOES ORDAIN, as follows : SECTION 1 : That section 25 . 04 .202 and 25 . 04 .203 be added to define commercial communication antenna and commercial communication tower respectively as follows : 25 . 04 .202 : "Commercial Communication Antenna" Commercial communication antenna shall mean an antenna, designed to transmit or receive communications as authorized by the Federal Communications Commission. The term commercial communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications commission (FCC) or home satellite/television antennas . 25 . 04 .203 : "Commercial Communication Tower" Commercial communication tower shall mean. a tower greater than 35 feet in height (including antenna) which supports commercial communication (transmission or receiving) equipment . The term commercial communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . ORDINANCE NO. SECTION 2 : That section 25 .28 . 030 of the municipal code be amended by adding to said section the following subparagraph: "M. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 3 : That section 25 .28 . 020 A of the municipal code be amended by adding to the end of said section the following subparagraph: "Commercial communications towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 4 : That section 25 .30 . 020 B of the municipal code be and the same is hereby amended .by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 .104 Commercial Communication Tower Regulations. " SECTION 5 : That section 25 . 030 . 020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 6 : That section 25 .34 . 030 of the municipal code be amended by adding to said section the following subparagraph: "C. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations. " 2 ORDINANCE NO. SECTION 7 : That section 25 .38 . 030 of the municipal code be amended by adding to said section the following subparagraph: "R. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations. " SECTION 8 : That section 25 .42 . 030 of the municipal code be amended by adding to said section the following subparagraph: G. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communications Tower Regulations. " SECTION 9 : That Chapter 25 .104 is hereby added to the Municipal Code of the City of Palm Desert to read as follows : Chapter 25 . 104 "Commercial Communication Tower and Commercial Communication Antenna Regulations" Sections : 25 - 104 . 010 Purpose and Intent 25 .104 . 020 Applicability 25 . 104 . 030 Permitted Commercial Communication Towers and/or Antennas 25 . 104 . 040 Performance and Construction Standards 25 . 104 . 050 Exception Process 25 . 104 . 010 Purpose and Intent . The regulations and requirements set forth herein are adopted for the following purposes : . (a) To provide for the location of commercial communication towers and commercial communication antennas in the City of Palm Desert : (b) To protect land uses from potential adverse impacts of commercial communication towers and antennas : (c) To minimize adverse visual impacts of commercial communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques : 3 ORDINANCE NO. (d) To accommodate the growing need for commercial communication towers and antennas: (e) To promote and encourage shared use/collocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers : (f) To protect the public health, safety and welfare : (g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures : 25 . 104 . 020 Applicability. (a) All new commercial communication towers and commercial communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations ._ For purposes of measurement, communication tower setbacks and separation distances as delineated in Section 25 . 104 . 040 , subsection (e) (3) , shall be calculated and applied irrespective of municipal and county jurisdictional boundaries . (b) All commercial communication towers and commercial communication antenna facilities existing on 1996 (the effective date of this ordinance) shall be considered permitted uses, and allowed to continue their usage as they presently exist; provided however, that anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing commercial communication tower, shall comply with the requirements of Section 25 . 104 .040, subsection (e) (3) . Routine maintenance shall be permitted on such existing towers. 4 r ORDINANCE NO. 25 . 104 . 030 Permitted Commercial Communication Towers and Commercial Communication Antennas in Zoning Districts of City. (a) Commercial communication towers and commercial communication antennas shall not be permitted in any residential zoning district in the city. Exceptions to this provision may be processed pursuant to Section . 25 . 104 . 040 (1) . (b) Commercial communication towers and commercial communication antennas may be approved in any of the following zone districts : (a) C1 General Commercial (b) PC Planned Commercial (c) SI Service Industrial (d) P Public/Institutional (e) OS Open Space (f) PI Planned industrial (c) Commercial communication towers and commercial communication antennas may locate on existing towers or buildings. (1) When located on buildings, commercial communication towers and commercial communication antennas shall be architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color and materials as 'determined by the Architectural Review Commission. (2) Shall not exceed 50% of the building height . (d) Requests for building mounted commercial communication antennas in excess of 50% of the building height shall be processed pursuant to the requirements of subsection (e) . (e) New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless .the applicant: 5 ORDINANCE NO. (1) Substantiates to the satisfaction of the Planning Commission: (a) that existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and _ (c) that the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. (2) Obtains a conditional use permit pursuant to Chapter 25 .72 of the Code . 25 . 104 . 040 Performance and Construction Standards for Commercial Communication Towers and Commercial Communication Antennas . (a) Setbacks . Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located. (b) Separation from off-site uses . . 1 . Commercial communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in Section (d) (2) below. 6 ' ORDINANCE NO. 2 . Separation requirements for commercial communication towers shall comply with the following minimum standards : OFF-SITE USE SEPARATION DISTANCE residentially zoned is lands or residential � uer, uses with- a minimum of -1:" feet Awd (c) Separation distances between commercial communication towers. 1 . Separation distances between commercial communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after 1996 (the effective date of this ordinance) . 2 . The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. 3 . The separation distances (listed in linear feet) shall be as follows : TOWERS-TYPE$ Monopole greater than 50 feet in height 1000 feet Monopole 50 feet or less in height 500 feet Guyed tower at any height 1000 feet (d) Fencing. A fence or wall not less than eight (8) feet in height from finished grade shall be provided around each commercial communication tower except those installed on roof tops . Access to the tower shall be through a locked gate . 7 ORDINANCE NO. (e) Landscaping. The visual impacts of a commercial communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. Landscaping and buffering of commercial communication tower shall be required around the perimeter of the tower and accessory structures to the satisfaction of the Architectural Review Commission. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements . (f) Height . 1 . No freestanding commercial communication tower/antenna shall exceed 85 feet in height from ground level . 2 . Where installed on top of a building, no commercial communication tower/antenna shall extend greater than 50% over the building height. (g) Type of Construction. Commercial communication towers shall be monopole construction; provided, however, that guyed construction may be approved by the Planning Commission upon consideration of the following factors : 1 . Compatibility with adjacent properties; 2 . Architectural consistency with adjacent properties; and 3 . Visual impact on adjacent properties, including visual access of adjacent properties to sunlight . (h) Development Criteria. Commercial communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space. 8 ORDINANCE NO. (i) Illumination. Commercial communication towers/antennas shall not be .artificially lighted except to assure human safety or as required by the Federal Aviation Administration. (j ) Collocation. 1 . Proposed commercial communication antennas may, and are encouraged to, collocate onto existing commercial communication towers provided such collocation is accomplished in a manner consistent with this section, such collocation is permitted without amendment of the existing conditional use permit if no additional modification to the tower is proposed. 2 . Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing tower. Any modification of that existing tower is subject to the conditional use permit process and Section 25 . 104 . 030 . 3 . If determined by .the City that the proposed commercial tower is situated in a location which will benefit the City ' s telecommunication systems, then the tower shall be engineered and . constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower to meet the City' s V needs . (k) Noninterference. No commercial communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities . (1) Exceptions. Any request to deviate from any of the requirements of this section shall require approval of an exception pursuant to Section 25 . 104 . 050 . 9 ORDINANCE NO. (m) Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to const:�-uct, locate or modify a commercial communication tower/antenna. (n) signs and Advertising. The use of any portion of a commercial communication tower for signs or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. (o) Abandonment . In the event the use of any commercial communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal , any variance approval for the tower shall automatically expire. 25 . 104 . 050 Exception Process . The Planning Commission may approve exceptions relative to : (a) zoning districts on which commercial communication towers and commercial communication antennas may be located; (b) height of building mdu?ited commercial communication antennas; (c) separation distances between residential zoned lands or residential uses and commercial communication towers; (d) separation distances between commercial communication towers; upon affirmation of the following findings : (a) that there is a unique land use characteristic or nearby geographic feature which results in 10 ORDINANCE NO. a compelling technological need to locate the commercial communication towers and/or commercial communication antennas in the location and/or at the height proposed; and (b) that the unique land use characteristics or geographic features mitigate any negative aesthetic concerns . SECTION 10 . : Section 25 .56 .300 "The Height of a Structure" be amended by adding to the end of said section the following subparagraph. "The height limit contained in the zoning district regulations of this Code and in this Section do not apply to ground mounted commercial communication towers or building mounted commercial communication antennas . Height of said ground mounted commercial communication towers and/or building mounted commercial communication antennas shall be as prescribed in Section 25 . 104 . 0.40 (g) . " SECTION IL : If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 1S. : This Ordinance shall become effective immediately upon passage. PASSED, APPROVED and ADOPTED this day of 1996, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert, California 11 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 1, 1996 CASE NO: CUP 96-25 REQUEST: Approval of a 60 foot high wireless commercial tower and antenna in the Service Industrial zone at 77-530 Enfield Lane . APPLICANT: Pacific Bell Mobile Services 2955 Red Hill Avenue, #100 Costa Mesa, CA 92626 = . I. BACKGROUND: Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and City Council . The City Council determined that it wished to enact a specific ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities . July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities . The moratorium was extended at the August 22, 1996 Council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force. September 17, 1996 the Commission received a draft ordinance to regulate commercial communication towers and antennas . This draft ordinance has been referred to the City Council and will be heard October 10, 1996 . If this current conditional use permit request is approved it will not be effective until and unless the ordinance is enacted by the City Council . As well, this proposal must be consistent with all requirements of the ordinance when it is ultimately approved by the Council . STAFF REPORT CUP 96-25 OCTOBER 1, 1996 II. SPECIFIC PROPOSAL: The applicant wishes to construct a 60 foot tall steel monopole with six antennas at the top. The unit is to be installed in a landscape island some 300 feet east of the residential zoned property. III . ANALYSIS: The ordinance before the City Council requires that before a new tower may be approved that the applicant substantiate to the satisfaction of the planning commission: (a) that the existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and Response: There are no other existing towers in the vicinity. This is the most logical and innocuous location available to serve this area. (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and Response : Site selection and antenna height is the result of a computer analysis of service coverage requirements for the entire Coachella Valley, topography (both natural and manmade) and the characteristics of the technology. In his presentation the applicant will be discussing the minimum technical service requirements which justify the location and height of the proposed tower and antennas . (C) that the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. Response: See (b) above. 2 STAFF REPORT CUP 96-25 OCTOBER 1, 1996 The tower has been proposed to be located more than 300 feet to the east of the residential zone limit (more than three times the height of the tower) . As proposed the tower complies with the locational criteria of the ordinance . IV. CEOA REVIEW The proposed tower is a class 3 categorical exemption for the purposes of CEQA and no further documentation is necessary. V. CONCLUSION: Staff is recommending approval of the location 330 feet=east-of the residential zone. This proposal is consistent with the commercial communication tower ordinance as recommended to the city council . VI . RECOMMENDATION That the Planning Commission adopt Planning Commission Resolution No. , adopting the findings and approving CUP 96-25 subject to conditions. VII . ATTACHMENTS• A. Draft resolution B. Legal notice Prepared by Steve Smith Reviewed and Approved by Ph' 1 Drell /tm 3 PLANNING COMMISSION RESOLUTION NO. 1766 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY PACIFIC BELL MOBILE SERVICES FOR A 60 FOOT HIGH WIRELESS COMMERCIAL COMMUNICATION TOWER AND ANTENNAS IN A LANDSCAPED ISLAND IN THE INDUSTRIAL ZONE AT 77-530 ENFIELD LANE. CASE NO. CUP 96-25 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of October, 1996, hold a duly noticed public hearing to consider the request of PACIFIC BELL MOBILE SERVICES for approval of a conditional use permit to install a 60 foot high wireless commercial communication tower and antennas in a landscape island in the industrial zone at 77-530 Enfield Lane; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 95-105, " in that the Director of Community Development has determined that the project is a Class 3 categorical exemption for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the granting of said conditional use permit : 1 . The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2 . The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements 'in the vicinity. 3 . The proposed conditional use will comply with each of the applicable provisions of this title. 4 . The proposed conditional use complies with the goals, objectives, and policies of the City' s adopted General Plan. PLANNING COMMISSION RESOLUTION NO. 1766 S . That the applicant has substantiated to the satisfaction of the planning commission: (a) that the exi6ting towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and (c) that the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, . as follows : 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case . 2 . That approval of Conditional Use Permit 96-25 is hereby granted for reasons subject to the attached conditions . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of October, 1996, by the following vote, to wit : AYES : CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES : NONE ABSENT: NONE ABSTAIN: NONE PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1766 CONDITIONS OF APPROVAL CASE NO. CUP 96-25 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions . 2 . Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null; void and of no effect whatsoever. 3 . The development of the property described herein shall be subject to the restrictions and limitations set forth herein -which .ax� in addition to all municipal ordinances and state and federal statutes now in force, or. which hereafter may be in force. 4 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies : Palm Desert Architectural Commission Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5 . That this permit is issued subject to adoption by the City of Palm Desert City Council of Ordinance No. enacting, inter alia, Chapter 25 . 104 of the Palm Desert Municipal Code, "Commercial Communication Tower and Commercial Communication Antenna Regulations . " 6 . That where collocation may effectively be accomplished without violation of the provisions of proposed Municipal Code Chapter 25 . 104 and without reasonable interference with applicant' s existing use, applicant shall allow third party collocation onto the tower erected under this permit . Applicant may charge a reasonable rental fee for such collocated use to the extent allowed by law. 3 ryf3';: 8Kr6�'IYaol11']'NMNoat? ..n<.0 7u< t i a I ww Mtr t rovw va aoousozsr seoinieS eligojN 93 r •���©aO�J®C7d NHS In £a.a. t tu�Ei_I i'M d 1 i F i n� (�j�i o CO a �* g .UCL W g 0 6 � vea,5 o o HIR 3 � (1 JJ z a le ' g a 3 fi y ? ii is s s € 6 E c E Y�RR33 C `a giigb�eg � a �y0 5 �eeEc2���iC839� �d�p °�x��a$A�� �:9�>xx ti pi � ¢ §''s7hhooavAtmd6a€a$ssh�4 III�e� e@ � � � � e 111 MIC �I�laF!,. � I i A9s+A nxaoarm•xouomia ..,.:«.::,�� _ t � r sao!nIeg el!QoW n SI �� Q Aj f.1 vi 1 3I�5C� 3sii z 9 Pi i Ai' ° a`•}eE � �z4 �� y "a 3. �.a. aq§ a 9 ne tq a x - a i c7a 5- ° ; '"k$ a � y„yic4.a3 4S At `�- aA A . 6 ` J Alfye i s e3 Ea= 5 �aaa'aaa�;3- ry a 3 x e e \ H i.4 z'7�•ry BaZ� 3 C 6e � � d ___ w a ai y &'rec & v vd t'e�a adz 3r!K c s23 .'Yj kt:S$ :Ya ozS aF�3a 9'¢l tye.'e$7' x� k; 9ta. W 68[ ig .. .xsv....we P wa'8•` '_— g" z. :s:s 0 az:l av $a$39HP g ig_ f IIH 8RINHIM $ :. 3Ta a o c o 0 o e o o /Cs D Av^� W / t / •� ] �<�� yk 9 r ul in Bev i Sa �, , JM � __ § � . , .s m ® , . a , I ` 7m | : « \ I - « miD� ' Aia2 \ \ ! �ba ® \ \ § k � h • � ( r �] � h ) QL ; ) R § _ ) . ! ) & / CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 1, 1996 CASE NO: CUP 96-26 REQUEST: Approval of a roof mounted 25 foot high commercial communication tower and antenna located at 72-840 Highway 111 . APPLICANT: Pacific Bell Mobile Services _ 2955 Red Hill Avenue, #100 Costa Mesa, CA 92626 I. BACKGROUND: Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and City Council . The City Council determined that it wished to enact a specific ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities . July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities . The moratorium was extended at the August 22, 1996 Council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force. September 17, 1996 the Commission received a draft ordinance to regulate commercial communication towers and antennas . This draft ordinance has been referred to the City Council and will be heard October 10, 1996 . STAFF REPORT CUP 96-26 OCTOBER 1, 1996 If this requested conditional use permit is approved it will not be effective until and unless the ordinance is enacted by the City Council . As well, this proposal must be consistent with all requirements of the ordinance when it is ultimately approved by the Council . II . SPECIFIC PROPOSAL: The applicant wishes to install an 18 foot high pole (antenna support with a seven foot high single cylinder antenna added to the pole, overall height 25 feet) . This unit is to be insta3-led on the roof of the Palm Desert Town Center generally located over the entrance to the west of Hamburger Hamlet. The unit will be set back 130 feet from the south edge of the building and 260 feet from the north building edge. The antenna will be 500 feet from Highway 111, 640 feet from the nearest property line to the north, 540 feet from Town Center Way and 1540 feet from Monterey Avenue . III. ANALYSIS: Under the ordinance roof mounted units, less than 50% of the building height need only obtain approval by the Architecture Review Commission. Units more than 50% of the building height require approval of a Conditional Use Permit. In order to approve a Conditional Use Permit for a roof mounted unit the applicant must show to the satisfaction of the planning commission: (a) .-that the -existing-towers-and-buiidings -do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and 2 r STAFF REPORT CUP 96-26 OCTOBER 1, 1996 Response: The proposed unit is located on the tallest and most logical building in the area. (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a roof mounted antenna at the height proposed Response : Site selection and antenna height is the result Qf a computer analysis of service coverage requirements^for the entire Coachella Valley, topography (both natural and man made) and the characteristics of the technology. In his presentation the applicant will be discussing the minimum technical service requirements which justify the location and height of the proposed tower and antennas . Our first impression was that this unit did not require a conditional use permit to be approved in that the base of the pole is enclosed by an existing eight foot high parapet wall so the net height of the unit is 17 feet which is less then 50% of the north elevation height (4411 ) which would only require ARC approval . However, the south elevation of the mall at Hamburger Hamlet is less than 34 feet and therefore we interpreted that to indicate that a CUP was necessary. I While the antenna support (pole) will be stabilized with guy wires i they will only go to a height of 18 feet above the roof and will be inside the eight foot parapet wall . As well, a single cylinder antenna is proposed. It will be seven feet long and be 16 inches in diameter. The ARC has reviewed this proposal and approved it as submitted. I 3 I STAFF REPORT CUP 96-26 OCTOBER 1, 1996 IV. CEOA REVIEW• The proposed tower is a class 3 categorical exemption for the purposes of CEQA and no further documentation is necessary. V. CONCLUSION This commercial communication antenna proposal is consistent with the ordinance as recommended to the City Council . This unit is small and is 'located such that it should be reasonably innocuous. VI . RECOMMENDATION• That the Planning Commission adopt Planning Commission Resolution No. , adopting the findings and approving CUP 96-26 subject to conditions. VII. ATTACHMENTS: A. Draft resolution B. Legal notice Prepared by �^ ` Steve Smith Reviewed and Approved by Ph' 1 Drell /tm 4 PLANNING COMMISSION RESOLUTION NO. 1767 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY PACIFIC BELL MOBILE SERVICES FOR A 25 FOOT HIGH ANTENNA SUPPORT AND SINGLE CYLINDER ANTENNA ON THE ROOF AT 72-840 HIGHWAY 111 . CASE NO. CUP 96-26 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of October, 1996, hold a duly noticed public hearing to consider the request of PACIFIC BELL MOBILE SERVICES for approval of a conditional use permit to install a 25 foot high antenna support and single cylinder antenna on the roof at 72-840 Highway 111; and WHEREAS, said application has complied with the requirements- of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 95-105, " in that the Director of Community Development has determined that the project is a Class 3 categorical exemption for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the granting of said conditional use permit : 1 . The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. 2 . The proposed location of the conditional use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3 . The proposed conditional use will comply with each of the applicable provisions of this title. 4 . The proposed conditional use complies with the goals, objectives, and policies of the City' s adopted General Plan. PLANNING COMMISSION RESOLUTION NO. 1767 5 . That the applicant has substantiated to the satisfaction of the planning commission: (a) that the existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a roof mounted antenna at the height proposed NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct .A nd constitute the findings of the Commission in this case. 2 . That approval of Conditional Use Permit 96-26 is hereby granted for reasons subject to the attached conditions . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this let day of October, 1996, by the following vote, to wit : AYES : CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES : NONE ABSENT: NONE ABSTAIN: NONE PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1767 CONDITIONS OF APPROVAL CASE NO. CUP 96-26 Department of Community Development: 1 . The development of the property shall conform substantially with .exhibits on file with the department of community development/planning, as modified by the following conditions . 2 . Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3 . The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies : Palm Desert Architectural Commission Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5 . That this permit is issued subject to adoption by the City of Palm Desert City Council of Ordinance No. enacting, inter alia, Chapter 25 . 104 of the Palm Desert Municipal Code, "Commercial Communication Tower and Commercial Communication Antenna Regulations." 6 . That where collocation_ may effectively be accomplished without violation of the provisions of proposed Municipal Code Chapter 25 .104 and without reasonable interference with applicant' s existing use, applicant shall allow third party collocation onto the tower erected under this permit. Applicant may charge a reasonable rental fee for such collocated use to the extent allowed by law. 3 s`,5.+�` g wcra rxeo,lm YrouRSVIN 1 ,1 s n�,•}V� _B��I a NC11 xlr LUCID 'e00Wr.1501 am �:.:n,ui •��•~•'r•M• u _: r SaoinJag aligow Ef Ysii 2 � b� � EI+ Ea3 e .�-. S _ In tu rS•vv ,Q1,� • F , u/ 1 a9Y 71 4i i- i. J b� F N LU \1 o kYJ kvaE:• n a i ` ° 4 E° E s.^k i.G• W y e11,14 7Y4: te�sy 9,Sa§ e� w s..Woe z a 0 O O O C. ` V� Z mm 1.4 i1 - 5i - 'Y ) ir94'kAi '•ii4 9�i1�1 '1 �ii -o•>-;,iiz'a s514v, iS9?zv� r �-R,R,E#R• 9] Rx e�� �R 11! 5 Y Sc II ,i I � n I'' ''� �. .. �S� 1� •• ' a �' I\— IUD It q Ul ul i1� TL- --- i Z I I rD LLI -(�----••-- -+-- NCO Sn �i i x � c� T 1 ' :ii\...o..rm.car.,..T•.n .r:w:nxss.w.Ram .-UnClf]UPI DltluEr 'IIY OlTE: ' SIJRUE]cl - CnEO EO NY: P. Eol Of3 WItT I REVISION$ ul A wn EncGl]� I P. e•sE ? \ "Ef I "I PROPOSED ANTENNA FRONT VIEW_ ZOE VIFW x 00 N/ e a) , U ��aaT > mz PLAN xA E GALE n n CD 00 I•_ 3-D• 4 BITS UNIT ELEVATIONS ,,- 3:.-0. 3 e oU Ij d IS x.:orD•ar wx pRNJ]Cp py'r! TPY Is T-i CiLaNOCR Tbw 9.aT.DN(Bi31 T` ptcua.eyE .'>]. TA. IVER ' _ .NTE`w•yTpRT Cvl]i •T a:i. wu i cvr ursE Al) �sDL KN, SL vD J y ; I F A _ •NCGE PT.Lll- I I e ., u� �1111: ■A.I -1._nur x+ucai E 'a `CU]T.gOC1 f] wilt.r S'ulfY p•GP[i [(I>i,RfKP f! ^ LL pCTwELrr e�LLD.rW] ~- -1p 'T a All 4,1E V W EuI.T.DiKttP f](aDJK[Ni Y� Ewe^ =i CE. onnNc D.J.iDIND � �9dQi' :I ? E-; CM-464fi0-Of 9P n.,. MONOPOLE ANTENNA INSTALLATION �E. mrD �) c. PALM DESERT 33-R.0 CT III PAW DESERT.SERT. G 93360 mu. ELEVATIONS un.wTe NORTH ELEVATION r- e'-m 2 NORTH ELEVATION r. e•-w I A-2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 1, 1996 CASE NO: CUP 96-27 REQUEST: Approval of a 60 foot high wireless commercial communication tower and antenna located in the service -industrial zone at 74-876 42nd Avenue. APPLICANT: Pacific Bell Mobile Services 2955 Red Hill Avenue, #100 Costa Mesa, CA 92626 I . BACKGROUND: ' Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and City Council . The City Council determined that it wished to enact a specific ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities. July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities . The moratorium was extended at the August 22, 1996 Council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force. September 17, 1996 the Commission received a draft ordinance to regulate commercial communication towers and antennas. This draft ordinance has been referred to the City Council and will be heard October 10, 1996 . If this conditional use permit is approved it will not be effective until and unless the ordinance is enacted by the City Council . As well, this proposal must be consistent with all requirements of the ordinance when it is ultimately approved by the Council . STAFF REPORT CUP 96-27 OCTOBER 1, 1996 II. SPECIFIC PROPOSAL: The applicant wishes to construct a 60 foot tall steel monopole with six antennas at the top. This unit is to be installed at the northwest corner of the Save Most Self Storage property which is located on the north side of 42nd Avenue between Cook Street and Eclectic Street . The proposed tower is immediately adjacent to the Continental Cablevision property to the north. III. ANALYSIS• There presently exists a 120 foot high lattice tower on the adjacent lot to the north occupied by the Continental Cablevision. Therefore the proposed location does not meet th€ 1, (f00 foot separation from existing towers required by Section 25 . 104 . 040 (c) of the draft ordinance. There is also a CVWD .tower located some 2,400 feet to the east . The applicant has indicated that either of these existing towers could meet his service requirements but that neither CVWD or the cable company were interested in negotiating a collocation lease . The draft ordinance allows the commission to grant an exception to . the separation and collocation requirements if. existing tower owners refuse to cooperate or if the existing tower is not technically feasible. The ordinance before the City Council requires that before a new tower may be approved that the applicant substantiate to the satisfaction of the planning commission: (a) that the existing towers and buildings do not . -technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and Response : Existing towers could afford the applicant the ability to service this area. The applicant indicates that the owners of these existing towers are not interested in negotiating a collocation lease . The City does not have the ability to 2 STAFF REPORT CUP 96-27 OCTOBER 1, 1996 impose a collocation requirement on either of these existing towers . (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and Response : Site selection and antenna height is the result of a computer analysis of service coverage requirements for the entire Coachella Valley, topography (both natural and man made) and the characteristics of the technology. In his presentation the applicant will be discussing the minimum technical service requirements which justify the location and height of the proposed tower and antennas. ` (C) that the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. Response : See (b) above . IV. CEOA REVIEW The proposed tower is a class 3 categorical exemption for the purposes of CEQA and no further documentation is necessary. V. , CONCLUSION: Staff does not wish to see another tower structure constructed if it is not absolutely necessary. Our preference is to see the applicant accommodated on either the existing lattice tower at Continental Cablevision or the tower at CVWD some 2400 feet to the east . The owners of these towers are not obligated to provide space to Pacific Bell Mobile -Services or any other user. A basis to grant an "exception" to permit this requested tower and antenna would be if the existing tower owners refused to permit 3 STAFF REPORT CUP 96-27 OCTOBER 1, 1996 the applicant to install on the tower or if it was not technically feasible . Therefore, while we do not wish to see an unnecessary tower constructed we will .recommend approval of the request subject to conditions. The conditions require the applicant to obtain written rejection from the existing tower owners saying they will not entertain a request to place the antennas on their tower. As well, the applicant could provide a technical analysis as to why the antennas could not locate on the existing towers (i .e . why it wouldn' t work) . VI. RECOMMENDATION: That the Planning Commission adopt Planning Commission Resolution No. , adopting the findings and approving CUP 96-27 subject to conditions. VII. ATTACHMENTS• A. Draft resolution B . Legal notice j ` I Prepared by Steve Smith Reviewed and Approved by Phil Drell i /tm I 4 ' I i M PLANNING COMMISSION RESOLUTION NO. 1768 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A REQUEST BY PACIFIC BELL MOBILE SERVICES FOR A 60 FOOT HIGH WIRELESS COMMERCIAL COMMUNICATION TOWER AND ANTENNA LOCATED IN THE SERVICE INDUSTRIAL ZONE AT 74-876 42ND AVENUE. CASE NO, CUP 96-27 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of October, 1996 , hold a duly noticed public hearing to consider the request of PACIFIC BELL MOBILE SERVICES for approval of a conditional use permit to installa 60 foot high wireless commercial communication tower and antenna located in the Service Industrial zone at 74-876 42nd Avenue; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the Cali.fo-r-nia Environmental Quality Act, Resolution No. 95-105, " in that `-he Director of Community Development has determined that the project is a Class 3 categorical exemption for the purposes of CEQA; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the granting of said conditional use permit : 1 . The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the -purpose of the district in which the site is located. 2 . The proposed location of the conditional ' use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety or general welfare, or be materially injurious to properties or improvements in the vicinity. 3 . The proposed conditional use will comply with each of the applicable provisions of this title except for the separation requirement between towers which can be, "excepted" if the applicant fulfills the conditions attached hereto, specifically condition # 7 . 4 . The proposed conditional use complies with the goals, objectives, and policies of the City' s adopted General Plan. PLANNING COMMISSION RESOLUTION NO. 1768 5 . That the applicant has substantiated to the satisfaction of the Planning Commission: (a) that the existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a .freestanding tower/antenna at the height proposed; and ® that the applicant shows compelling technological or economic reason (s) for requiring a new freestanding facility. - NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case . 2 . That approval of Conditional Use Permit 96-27 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 1st day of October, 1996, by the following vote, to wit: AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN NOES: BEATY ABSENT: NONE ABSTAIN: NONE PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 1768 CONDITIONS OF APPROVAL CASE NO. CUP 96-27 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2 . Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3 . The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Palm Desert Architectural Commission Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5 . That this permit is issued subject to adoption by the City of Palm Desert City Council of Ordinance No. enacting, inter alia, Chapter 25 .104 of the Palm Desert Municipal Code, "Commercial Communication Tower and Commercial Communication Antenna Regulations." 6 . That where collocation may effectively be accomplished without violation of the provisions of proposed Municipal Code Chapter 25 .104 and without reasonable interference with applicant' s existing use, applicant shall allow third party collocation onto the tower erected under this permit . Applicant may charge a reasonable rental fee for such collocated use to the extent allowed by law. 3 PLANNING COMMISSION RESOLUTION NO. 1768 7 . That the applicant demonstrate to the satisfaction of the Department of Community Development that Continental Cablevision and Coachella Valley Water District have rejected its request to collocate its antennas on their existing towers oz that physical or technological limitations otherwise preclude collocation. 4 i i I j Y - m m ECLECTIC STREET ne. i ': •i ri U) p8 Z5 aqY�t _ aav •i 9 $TN l l s �Z •s� r. . �� n C. 0 e O O s !E a Z c O .� �^ - ^" mn 4FdR D A ° _ [,t• r=s; S;; i. 'e d- n�O" - � V.Ic xn= •v -. {z R, x:x s$: 6�9 m j; Hq 9, PY_; 4s� ] ; S €9 tla X,9 Y lF; m _�ait Al Q f •.v a.i H � ; •FF m i Q ,r .�,..r•� �� � LS A g; 9:,,,� tz �9. '3 �hz 93v .", t `B; 'F ��'- � ° U • � 3c o �a:.9 0: tv3; H;r;?. .`s3 ; '. h%. t eF- etA � � ❑ •. ~w [` '2,_ > _ a Ln a Va Yt jR RZ-, K : 's .• - 1jR oC.i J _b j ��I__ i—•��.�_-- D :.3 � ^? 8 F '�3 9� 1; Ala � a i : z� y.y,2r�n� pp SB. Pl�1Q�(�OQ© cLSL'-AS'a > N ` .=,I MIIYIII,1fr° )Y(�num• i�w_.•w I y . • .• Y c= I" IN _ Mobile Services =94 Y r m ^Y �TI N �D rn "c: � `5 ° y O F" 1Y Z ■■ I R �. t K. i p e� °n7 Ong J Z 4n;6M.5 70 �m —i z 8 " Ste', • D < Z e f �z p ^ V BI u m E= i l--- e.er ere un• 1 w m.+. z ^ j `�- NCB A. �xo Vol D �: AGUIIAR O S > A EXCINEERINL N 3c'^ On ^ N� UR.TED SB.Gnwmny f.nW..-pc VAC-h Mobile Services A420 ROSEWOOD DR. RIOO. 2. ATH FLOOR PIEASANTON, CAUFORNIA SAW ¢ . 5 F'= � e_,SY , PLANCOM, Inc. FiECEIVED Telecommunications Management Services OCT - 1 1996 September27, 1996 COMMUNMYDEYELOPMENTDEPARTMENT CITY OF PALM DESERT Mr. Steve Smith CITY OF PALM DESERT RE: FINDINGS TO SUBSTANTIATE THE RECOMMENDATION OF APPROVAL Dear Steve: The following is in response to your request for findings for the upcoming hearing. CM-464-21 - French Properties _ (a) This site proposal is for a 60' concrete antenna support structure. The proposed antenna support structure will be made of concrete to match the existing exterior of the buildings in the complex. The existing buildings in the area are roughly 25' in height (which is much too low for a roof-mounted facility in this area). This site has been modified, however, to take into consideration the existing structures,which will screen a portion of the facility. There are no existing towers in this area. In addition,there are no existing buildings that are high enough for a roof-mounted facility. (b) Each search area is chosen based on topographical and manmade obstructions as well as the area coverage objectives. Whenever possible,PBMS chooses the site with the least impact upon the surrounding community while keeping with the coverage objective. Each site is tested to determine the lowest possible height for the search area. Bifurcation of sites is economically unfeasible in most areas because of the cost of site acquisition and equipment for two sites vs. one site. (c) Computer generated coverage plots, from the drive test, accurately and clearly show the need for an antenna at this vicinity. Without this site,there will be holes in the overall statewide network, resulting in poor coverage and poor consumer participation. This site location will generally cover the area bounded by Coachella Valley Preserve on the northwest, the Indio city limits on the east, the La Quinta city limits on the south. PBMS anticipates demand for its service in this area. 2955 Red Hill Avenue, Suite 100 Costa Mesa, CA 92626 714-825-8157 714-825-8181 fax P PLANCOM, Inc. RECEev�® Telecommunications Management Services OCT - 1 1996 September27, 1996 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT Mr. Steve Smith CITY OF PALM DESERT RE: FINDINGS TO SUBSTANTIATE THE RECOMMENDATION OF APPROVAL Dear Steve: The following is in response to your request for findings for the upcoming hearing. CM-460-04 - Desert Town Center (roof-mounted antenna) (a) This site proposal is to mount a cylinder antenna 25' above the roof floor, which would extend 17' above the parapet. The taller department stores will screen portions of the facility. Also,the facility is set back in excess of 70' thereby reducing its visibility. There are no existing towers that are viable candidates in the area. We do not have exclusive rights to this site. That is, our lease agreement does not preclude future carriers from using the same site. , (b) Each search area is chosen based on topographical and manmade obstructions as well as the area coverage objectives. Whenever possible,PBMS chooses the site with the least impact upon the surrounding community while keeping with the coverage objective. Each site is tested to determine the lowest possible height for the search area. Bifurcation of sites is economically unfeasible in most areas because of the cost of site acquisition and equipment for two sites vs. one site. (c) Computer generated coverage plots, from the drive test, accurately and clearly show the need for an antenna at this vicinity. Without this site,there will be a hole in the overall statewide network, resulting in poor coverage and poor consumer participation. This site location will generally cover from the Rancho Mirage city limits on the west to Washington Street on the east and from approximately Frank Sinatra Dr. on the north to Mesa View Dr. on the south. PBMS anticipates demand for its service in this area of Palm Desert. 2955 Red Hill Avenue, Suite 100 Costa Mesa, CA 92626 714-825-8157 714-825-8181 fax PLANCOM, Inc. RECEIVE® Telecommunications Management Services OCT - 1 1996 September 27, 1996 COMMUNITY DEVELOPMENT DEPAUMENT CITY OF PALM DESENT Mr. Steve Smith CITY OF PALM DESERT RE: FINDINGS TO SUBSTANTIATE THE RECOMMENDATION OF APPROVAL Dear Steve: The following is in response to your request for findings for the upcoming hearing. CM-477-04 - Save Most (a)• This site proposal is for a 60' steel antenna support structure. We have approached the two existing tower incumbents as to the possibilities of locating our facility in conjunction with_ their existing tower. Coachella Valley Water District has an existing 100' lattice tower that is currently vacant. We were told by the General Manager Mr.Tom Leavy,that at the present time the district is unclear as to their own need an equipment to be located on the tower and until they are sure of their own antenna plans,they will not permit additional carriers on the tower. The second tower is owned by Continental Cable and due to business reasons they have been unable to enter into a lease with PBMS. (b) Each search area is chosen based on topographical and manmade obstructions as well as the area coverage objectives. Whenever possible,PBMS chooses the site with the least impact upon the surrounding community while keeping with the coverage objective. Each site is tested to detemline the lowest possible height for the search area. Bifurcation of sites is economically unfeasible in most areas because of the cost of site acquisition and equipment for two sites vs. one site. (c) Computer generated coverage plots,from the drive test, accurately and clearly show the need for an antenna in this vicinity. Without the site,there will be holes in the overall statewide network, resulting in poor coverage and poor consumer participation. This site location will generally cover the central portion of Palm Desert, reaching the areas that are not covered by the Desert Town Center Mall and will also serve an important role for added capacity in Palm Desert. 2955 Red Hill Avenue, Suite 100 Costa Mesa, CA 92626 714-625-8157 714-825-8181 fax o SEP130 ' 99 9: 3S PAGE . 002 Ylt ATEq ESTABUSHM IN 1911 AS A PUBLIC AOENC"r �ISTRt�� COACHELLA VALLEY WATER DISTRICT POST OFFICE Box low•COACHELLA,CALIFORNIA UM•TELEPHONE(619)3982MI OF TELUS<OOEW,PRESIDENT THOWL LEVY,GENERAL wNACER4HIEF RAYMO D R.RIRNAONDS.VICE PRESIDENT BEpf/MOINESVRON. AIM W.WFAODEN ONENMCCOOK&WISYMRGEhERX DOROTHY M.WCHOLS REO'M14E AN0SHETMILL ATT THEDDORE L P91 September 30, 1996 RECEIVED OCT - 1 1996 I COMMUNITY DEVELOPMENT DEPARTMENT Dan Michel CITY OF PALM DESERT Pacific Hell Mobile Services 2955 Redhill Avenue suite 100 Cash Mesa,California 92651 Subject Request to 1tBe microwave tower. Doar Mr.Michel: Coachella Valley Water District is not interested in letting Pacific Bell Mobile Services locate on our tower at this time.With technOIOgy changing the way it is we do not want to jeopardize our fohae use of Ws facility by allowing Pacific Bell MOMIe Services to locate On oar tower space. 1f you balm any questions plcm w11 Owen McCook,assistant genccal manager,mdension 316. I Yours very tndy, T Cv==BlMauager4Chief Engineer 1 I I I TRUE CONSERVATION USE WATER WISELY >K>K TOTAL PAGE . 002 ** 1 09l30/98 13:52 FAI 619 340 2384 CONTINE`TAL CBLE 001 � Continental Cablevislon September 30, 1995 RECEIVED OCT - 1 1996 COMMUNrry DEVELOPMENT DEPAF"ENT C(rYOF PALM DESERT Mr. Ted Suekawa Site Acquisition SBA, Inc. _ 2955 Redhill Avenue, Suite 100 Costa Mesa, CA 92651 Dear Mr. Suekawa: Continental Cablevision has reviewed and discussed the possibility of entering into a lease with Pacific Bell Mobile Services for adding antennas on its existing tower facility located at 41725 Cook Street in the City of Palm Desert. At this time, Continental Cablevision is unable to accommodate this request for business reasons. ' Thank you for your time and consideration, and should you require additional information please do not hesitate to reach me at (619) 340-2225. Sincerely, Bob Rubery General Manager 41725 Cook Sheet • Palm Desert, CA 92211 •Telephone(619)340-1312•Fax (619)340-2384 c DIRECTIONSEQUITY September 27, 1996 W. Phil Drell City of Palm Desert Palm Desert, CA 92260 :. Dear Mr. Drell I would like to call to your attention to a public hearing to be held Tuesdsay, October 1, 1996 at 7:00 p.m. before the Palm besert Planning Commission. The purpose of the meeting is-to dicusg the` request by Pacific Bell to approve a wireless commercial communicaiton tower and antenna on my property which is in the service industrial 7.nne sit 77-530 Enfield Tane. This Incation selected is adjacent to my most northwesterly commercial Building "E." The closest tower to this proposed site is currently located in Indian Wells on the property of the Indian Walls Golf Resort. In the recent telephone conversations I had with you regarding the adjacent vacant land, you indicated that the City's current planning designates the rear portion for service commercial uses. You said that any residential would probably be limited to the southern end of the property, along . Country Club Drive. This concept seems to be a good compromise with the noise issues involved. ; If this is indeed the City s preferred use of the adjacent property; it seems that the best location for .I the Pacific Hell tower would be that which is indicated on the enclosed site plan. I would urge the City to recognize their future preferred use of the adjacent property and approve this tower: site at the extreme north end of our property on Enfield Lane. Sincerely, y ennis French Enc. 77564 Country Club Dr.,Suite 100 • Palm Desert,California 92211-0449 • (619)160-9N)l • FAX(61 )`360-0290 r:p � 4 T VGOIAA9 iIIQO„ ,mot n Y ,! III YII IA Itg;fil �y I M1„hl„ ,>y kill, t� 3c'i lot !i� 3Pt33:!t i�i 3 � G8 ED till Y ot:ot �e. caw szv •on 3':a 4here collocation may effectively be accomplished without violation of the provisions of ; de Chapter and without reasonable interference with applicant, existing use, applicant shall allowvthird party collocation tower erected - -I under this it. Applicant may charge a reasonable rental fee for - - such collocated use to the extent allowed by law. -76 o C/X -- -6� - - - - �/ i < ppppp� ' Is SN'TeS. ` Q AAsG - eV'- ._c, t Cape- �rwq n &-i 41-el- IXf7g,;�6171AA-ll _ 1L ORDINANCE NO. 817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS; AMENDING CHAPTER 25.04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMERCIAL COMMUNICATION ANTENNAS AND COMMERCIAL COMMUNICATION TOWER; AMENDING CHAPTER 25 .28 GENERAL COMMERCIAL DISTRICT; AMENDING CHAPTER 25 .30 PLANNED COMMERCIAL DISTRICT; AMENDING CHAPTER 25 .34 SERVICE INDUSTRY DISTRICT; AMENDING CHAPTER PUBLIC/INSTITUTIONAL DISTRICT; AMENDING CHAPTER 25.42 OPEN SPACE DISTRICT; AND ADOPTING A NEW CHAPTER 25 .104 "COMMERCIAL COMMUNICATION TOWER AND COMMERCIAL COMMUNICATION ANTENNA REGULATIONS" . I The City Council of the City of Palm Desert, California, DOES - 4 ORDAIN, as follows : SECTION 1 . : That section 25 . 04 .202 and 25 . 04 .203 be added to define commercial communication antenna and commercial communication tower respectively as follows : 25 04 202 • "Commercial Communication Antenna" Commercial communication antenna shall mean an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. The term i commercial communication tower shall not include amateur radio operators ' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . 25 . 04 . 203 : "Commercial Communication Tower" Commercial communication tower shall mean a tower greater than 35 feet in height (including antenna) which supports commercial 1 ORDINANCE NO. 817 communication (transmission or receiving) equipment . The term commercial communication tower shall not include amateur radio operators ' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . SECTION 2 . : That section 25 .28 . 030 of the municipal code be amended by adding to said section the following subparagraph: M. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 3 . : That section 25 . 28 . 020 A of the municipal code be amended by adding to the end of said section the following subparagraph: "Commercial communications towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 4 . : That section 25 .30 . 020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 5 . : That section 25 . 030 . 020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " 2 ORDINANCE NO. 817 SECTION 6 . : That section 25 . 34 . 030 of the municipal code k be amended by adding to said section the following subparagraph: "C. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 7 . : That section 25 . 38 . 030 of the municipal code be amended by adding to said section the following subparagraph: "R. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 8 . : That section 25 . 42 . 030 of the municipal code be amended by adding to said section the following subparagraph: G. Commercial communication towers subject } to performance standards set forth at Chapter 25 . 104 Commercial Communications Tower Regulations . " SECTION 9 . : That Chapter 25 . 104 is hereby added to the Municipal Code of the City of Palm Desert to read as follows : Chapter 25 . 104 "Commercial Communication Tower and Commercial Communication Antenna Regulations" Sections : 25 . 104 . 010 Purpose and Intent 25 . 104 . 020 Applicability 25 . 104 . 030 Permitted Commercial Communication Towers and/or Antennas 25 . 104 . 040 Performance and Construction Standards 25 . 104 . 050 Exception Process 25 . 104 . 010 Purpose and Intent . The regulations and 3 i- ORDINANCE NO. 817 requirements set forth herein are adopted for the following purposes : )(a) To provide for the location of commercial communication towers and commercial communication antennas in the City of Palm Desert : (b) To protect land uses from potential adverse impacts of commercial communication towers and antennas : (c) To minimize adverse visual impacts of commercial communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques : (d) To accommodate the growing need for commercial communication towers and antennas : (e) To promote and encourage shared use/collocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers : (f) To protect the public health, safety and welfare : (g) To avoid potential damage to adjacent properties from tower failure through engineering and .careful siting of tower structures : 25 . 104 . 020 Applicability. (a) All new commercial communication towers and commercial communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations . For purposes of measurement, communication tower setbacks and separation distances as delineated in Section 25 . 104 . 040 , subsection (e) (3) , shall be calculated and applied irrespective of municipal and county jurisdictional boundaries . 4 ORDINANCE NO. 817 (b) All commercial communication towers and commercial communication . antenna facilities existing on October 10, 1996 • (the effective date of this ordinance) shall be considered permitted uses, and allowed to continue their usage as they presently exist; provided however, that anything other than . routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing commercial communication tower, shall comply with the requirements of Section 25 . 104 . 040, subsection (e) (3 ) . Routine maintenance shall be permitted on such existing towers. 25 . 104 . 030 Permitted Commercial Communication Towers and Commercial Communication Antennas in Zoning Districts of City. (a) Commercial communication towers and commercial communication antennas shall not be permitted in any residential zoning district in the city. Exceptions to this provision may be processed pursuant to Section 25 . 104 . 040 (1) . (b) Commercial communication towers and commercial communication antennas may be approved in any of the following zone districts : (a) C1 General Commercial (b) PC Planned Commercial (c) SI Service Industrial (d) P Public/Institutional (e) OS Open Space (f) PI Planned Industrial (c) Commercial communication towers and commercial communication antennas may locate on existing towers or buildings . (1) When located on buildings, commercial 5 I .. i ORDINANCE NO. 817 communication towers and commercial i communication antennas shall be architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color and materials as determined by the Architectural Review Commission. (2) Shall not exceed 50% of the building height . (d) Requests for building mounted commercial communication antennas in excess of 50% of the building height shall be processed pursuant to the requirements of subsection (e) . (e) New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless the applicant : (1) Substantiates to the satisfaction of the Planning Commission: (a) that existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and f (c) that the applicant shows compelling technological or economic reasoh(s) for requiring a new freestanding facility. (2) Obtains a conditional use permit pursuant to 6 ORDINANCE NO. 817 Chapter 25 . 72 of the Code. 25 . 104 . 040 Performance and Construction Standards for Commercial Communication Towers and Commercial Communication Antennas . (a) Setbacks . Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located. (b) Separation from off-site uses . 1 . Commercial communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in Section (d) (2) below. 2 . Separation requirements for commercial communication towers shall comply with the following minimum standards : OFF-SITE USE SEPARATION DISTANCE residentially zoned a minimum of 300 lands or residential feet uses (c) Separation distances between commercial communication towers . 1 . Separation distances between commercial communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after October 10, 7 ORDINANCE NO. 817 1996 (the effective date of this ordinance) . i 2 . The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. 3 . The separation distances (listed in linear feet) shall be as follows : TOWERS-TYPES Monopole greater than 50 feet in height 1000 feet Monopole 50 feet or less in height 500 feet Guyed tower at any height 1000 feet (d) Fencing. A fence or wall not less than eight (8) feet in height from finished grade shall be t provided around each commercial communication tower except those installed on roof tops . Access to the tower shall be through a locked gate . (e) Landscaping. The visual impacts of a commercial communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary _ structures . Landscaping and buffering of commercial communication tower shall be required around the perimeter of the tower and accessory structures to the satisfaction of the Architectural Review Commission. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements . 8 ORDINANCE NO. 817 (f) Height . 1 . No freestanding commercial communication tower/antenna shall exceed 85 feet in height from ground level . 2 . Where installed on top of a building, no commercial communication tower/antenna shall extend greater than 5096 over the building height . (g) Type of Construction. Commercial communication towers . shall be monopole construction; provided, however, that guyed construction may be approved by the Planning Commission upon consideration of the following factors : 1 . Compatibility with adjacent properties; 2 . Architectural consistency with adjacent properties; and 3 . Visual impact on adjacent properties, including visual access of adjacent properties to sunlight . (h) Development Criteria. Commercial communication towers/antennas shall comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space . (I) Illumination. Commercial communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. (j ) Collocation. 1 . Proposed commercial communication antennas may, and are encouraged to, collocate onto 9 it ' � � I ORDINANCE NO. 817 existing commercial communication towers provided such collocation is accomplished in a manner consistent with this section, such collocation is permitted without amendment of the existing conditional use permit if no additional modification to the tower is proposed. 2 . Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing tower. Any modification of that existing tower is subject to the conditional use permit process and Section 25 . 104 . 030 . { 3 . If determined by the City that the proposed commercial tower is situated in a location which will benefit the City ' s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower to meet the City' s needs . 4 . Where collocation may effectively be accomplished without violation of the provisions of this chapter and without reasonable interference with the applicant' s existing use, the applicant shall allow third party collocation on any tower erected under this chapter. Applicant may charge a reasonable rental fee for such collocated use to the extent allowed by law. (k) Noninterference. No commercial communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system 10 I ORDINANCE NO. 817 and/or public safety entities . I (1) Exceptions . Any request to deviate from any of the requirements of this section shall require approval of an exception pursuant to Section 25 . 104 . 050 . (m) Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate or modify a commercial communication tower/antenna. (n) Signs and Advertising. The use of any portion of a commercial communication tower for signs or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. (o) Abandonment . In the event the use of any commercial communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (I) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any variance approval for the tower shall automatically expire. 25 . 104 . 050 Exception Process . I The Planning Commission may approve exceptions relative to: (a) zoning districts on which commercial communication towers and commercial communication antennas may be located; 11 t ORDINANCE NO. 817 (b) height of building mounted commercial communication antennas; (c) separation distances between residential zoned lands or residential uses and commercial communication towers; (d) separation distances between commercial communication towers; upon affirmation of the following findings : (a) that there is a unique land use characteristic or nearby geographic feature which results in a compelling technological need to locate the commercial communication towers and/or commercial communication antennas in the location and/or at the height proposed; and (b) that the unique land use characteristics or geographic features mitigate any negative aesthetic concerns . SECTION 10 . : Section 25 . 56 .300 "The Height of a Structure" be amended by adding to the end of said section the following subparagraph. "The height limit contained in the zoning district regulations of this Code and in this Section do not apply to ground mounted commercial communication towers or building mounted commercial communication antennas . Height of said ground mounted commercial communication towers and/or building mounted commercial communication antennas shall be as prescribed in Section 25 . 104 . 040 SECTION 11 . : All conditional use permits approved under this chapter shall be reported within five (5) business days to all members of the city council . SECTION 12 . : If any provision of this Ordinance or the application thereof to any person or circumstances is held 12 " I ORDINANCE NO. 817 invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect i without the invalid provision or application, and to this end the provisions of this 'Ordinance are declared severable. SECTION 13 . : In order to immediately establish an effective _ communication system for use during natural disasters and other emergencies which may occur at any time, this Ordinance shall become effective immediately upon passage . SECTION 14 . : This Ordinance also, by its own terms, is intended to rescind Ordinance No. 810 which imposed a moratorium on the acceptance of applications and the issuance of approvals for the construction and development of wireless communication facilities in the city. PASSED, APPROVED and ADOPTED this loth day of October. 1996, by the following vote, to wit : AYES : BENSON, CRITES, KELLY, SPIEGEL, SNYDER NOES : NONE ABSENT: NONE ABSTAIN: NONE WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert, California 13 u CITY OF PALM DESERT �. TRANSMITTAL LETTER + I w w I I W 44� Jy I. TO: Honorable Mayor and City Council I M ( m II . REQUEST: Consideration of approval of zoning ordindn 8( I U amendment to regulate commercial communi atlpn1 +' towers and commercial communication Mate T L' M0 III. APPLICANT: City of Palm Desert I I I . } > IV. CASE NO. : ZOA 96-2 j V uW V. DATE: October 10 , 1996 ;i ,. `• �' r- O G VI . CONTENTS: =' v I \y" ~ A. Staff Recommendation N I S .• o L' x 4 ; aw wt _; ':! gin H B . Discussion E I� == o C. Draft Ordinance No. 817 D. Planning Commission Minutes involving Case No. ZOA 96-2 E. Planning Commission Resolution No. 1765 F. Planning Commission Staff Report dated September 17, 1996 G. Related maps and/or exhibits A. STAFF RECOMMENDATION: Waive further reading and pass Ordinance N0. 817 to second reading. B. BACKGROUND: Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and the City Council . 1 TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10, 1996 f The city Council determined that it wished to enact a specific ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities . July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities . The moratorium was extended at the August 22, 1996 council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force . C. DISCUSSION: The ordinance before you has been reviewed and revised by the members of the Zoning ordinance Review Committee and the Planning Commission. Essentially, the ordinance does the following: i a. defines commercial communication towers and commercial i communication antennas; k b. prohibits these facilities in residential zones except ` through the exception procedure; C . permits these facilities in the C-1, PC, SI, P, OS and PI zone districts; d. requires all commercial communication antennas to obtain approval of the Architectural Review Commission; e . requires new freestanding commercial communication towers and commercial communication antennas to obtain approval of a conditional use permit by the Planning Commission; f . establishes minimum separation requirements from residential zones; g. establishes minimum separation requirements between individual towers; h. - establishes maximum overall height of 85 feet; I . encourages shared use/collocation on existing and new commercial communication towers as a primary option rather than construction of additional single-use towers; 2 l TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10, 1996 j . establishes an exceptions process and required findings to be affirmed by the Planning Commission. D. PLANNING COMMISSION HEARING AND ACTION: One person spoke at the Planning Commission hearing and expressed support for the proposed ordinance . The Planning Commission, by its Resolution No. 1765, unanimously (5-0) voted to recommend approval of Case ZOA 96-2 to the City Council . E. PENDING APPLICATIONS: The moratorium allowed tower applications to be processed pending final approval of the ordinance by the City Council . The approval of any application would not be effective until the ordinance was adopted and the moratorium lifted. Any approval must also be absolutely consistent with the ultimately adopted ordinance. The original applications from Pacific Bell Mobile Services for the towers were modified by the applicant consistent with the provisions of the draft ordinance reviewed by the City Attorney, the Zoning Ordinance Review Committee and recommended by the Planning Commission, which required approval of a conditional use permit . On October 1 public hearings were held before the Planning Commission on the three conditional use permit applications submitted by Pac Bell . The antennas are to be located on the roof of the Town Center, in the Cook Street industrial area and at the back of the Country Club Industrial Park near Gold' s Gym. At the noticed public hearing the Planning Commission approved the conditional use permits (see attached 3 �I 1 TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10, 1996 staff reports, exhibits and resolutions) . There was no opposition at the hearings. These conditional use permits will become effective only if they are consistent with the ordinance as ultimately adopted. Pac Bell has requested that the ordinance be approved as an urgency ordinance and become effective upon adoption so that their towers can be constructed in time for their initiation of valley-wide service January 1, 1997 . Prepared by: Steve Smith Reviewed and Approved by: Phil Drell SS :db/tm i 4 i CITY OF PALM DESERT TRANSMITTAL LETTER i I . TO: Honorable Mayor and City Council II. REQUEST: Consideration of approval of zoning ordinance amendment to regulate commercial communication towers and commercial communication antennas III . APPLICANT: City of Palm Desert IV. CASE NO. : ZOA 96-2 V. DATE: October 10, 1996 VI. CONTENTS : A. Staff Recommendation B. Discussion C. Draft Ordinance No. D. Planning Commission Minutes involving Case No. ZOA 96-2 E. Planning Commission Resolution No . 1765 F. Planning Commission Staff Report dated September 17, 1996 G. Related maps and/or exhibits i 1' A. STAFF RECOMMENDATION: Waive further .reading and pass Ordinance No. to second reading. B. BACKGROUND: Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and the City Council . The city Council determined that it wished to enact a specific ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities . July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities . The moratorium was extended at the August 22 , 1996 council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force. i TRANSMITTAL REPORT ZOA 96-2 OCTOBER 10, 1996 C. DISCUSSION: The ordinance before you has been reviewed and revised by the members of the Zoning Ordinance Review Committee and the Planning Commission. Essentially, the ordinance does the following: a . defines commercial communication towers and commercial communication antennas; b. prohibits these facilities in residential zones except I through the exception procedure; C . permits these facilities in the C-1, PC, SI , P, OS and PI zone districts; d. requires all commercial communication antennas to obtain approval of the Architectural Review Commission; e . requires new freestanding commercial communication towers and commercial communication antennas to obtain_ approval of a conditional use permit IV Tkcc2 at, P f . establishes minimum separation requirements from residential zones; g. establishes minimum separation requirements between individual towers; h. establishes maximum overall height of 85 feet; i . encourages shared use/collocation on existing and new commercial communication towers as a primary option rather than construction of additional single-use towers; j . establishes an exceptions process and required findings to be affirmed by the Planning Commission. D. PLANNING COMMISSION HEARING AND ACTION: i One person spoke at the Planning Commission hearing and expressed support for the proposed ordinance . The Planning Commission, by its Resolution No. 1765, unanimously (5-0) voted to recommend approval of Case ZOA 96-2 to the City Council . Prepared rpa � Reviewed and Approved by: SS/db 2 @q Paa�li o 0 o n 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 96-2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert City Council to consider a proposed ordinance to regulate commercial communication towers and commercial communication antennas . r SAID public hearing will be held on Thursday, October 10, 1996, at 7: 00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8 : 00 a.m. and 5 : 00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Post SHEILA R. GILLIGAN, City Clerk September 26, 1996 City of Palm Desert, California i J i City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260.2578 TELEPHONE (619)346.0611 FAX (619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: September 19, 1996 City of Palm Desert Re: ZOA 96-2 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of September 17, 1996 : PLANNING COMMISSION RECOMMENDED APPROVAL OF ZOA 96-2 TO CITY COUNCIL BY 4 ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 1765, SUBJECT TO REVISION OF THE LEGAL NOTICE RADIUS. CARRIED 5-0 . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen (15) days of the date of the decision. I PHILIP DRE SECRETARY PALM DESERT PLANNING COMMISSION PD/tm CC : Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal i Paper i PLANNING COMMISSION RESOLUTION NO. 1765 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN ORDINANCE TO REGULATE COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS. CASE NO. ZOA 96-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1996, hold a duly noticed public hearing to consider an ordinance to regulate commercial communication towers and commercial communication antennas; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to exist to justify their actions : 1 . The proposed ordinance which will regulate commercial communication towers and commercial communication antennas is consistent with the intent of the General Plan and Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That ZOA 96-2, Exhibit A, is hereby recommended to the city council for approval . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of September, 1996, by the following vote, to wit : AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY NOES: NONE ABSENT: NONE ABSTAIN: NONE �� n PAUL R.TjBEATY,CChairpe son ATTEST: _ PHILIP DRELL Secretary Palm Desert lanning Commission i o MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 ) C.J Case No. ZOA 96-2 - CITY OF PALM DESERT, Applicant �� Request for approval of an amendment to regulate commercial communication towers and commercial communication antennas . Mr. Smith explained that the proposed ordinance was to allow regulation of commercial communication towers and commercial communication antennas . He said that applications were received by Pac Bell Mobile Services to install antennas around town at three different locations . The matter went through Architectural Review Commission and eventually to the City Council . When it got to City Council, Council chose to enact a moratorium, which was done through an urgency ordinance on July 11, 1996 and then that urgency ordinance was extended at the Council' s August 22 meeting. The moratorium would continue in effect until July, 1997, or until a new ordinance is in effect. He explained that what the commission had in the ordinance before them was a series of regulations that would apply to the communication towers and antennas . Effectively it defines commercial communication towers and commercial communication antennas . They are prohibited in residential zones except under an exceptions procedure which is outlined. It would permit the facilities in the C-1 , Planned Commercial, Service Industrial , Public, Open Space, and in the Planned Industrial zoned districts . It would require all commercial communication antennas to obtain approval from Architectural Review Commission and would require new freestanding commercial communication towers and antennas to obtain approval of a conditional use permit obtained through the Planning Commission. He said that Pac Bell has filed revised applications that would be before the Planning Commission at the next meeting (October 1) . The ordinance would also establish minimum separation requirements from residential zones and minimum separation requirements between individual towers to the point where Item I comes into play in that the separation requirements in the zones where they are permitted is such that it encouraged the shared use or co-location of antennas on a single mast . Lastly, it would establish an exceptions process where if, subject to certain 7 i M MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 findings, the Planning Commission could approve them in a residential situation and what they were thinking of in that instance was if a company could come to some arrangement with, as an example, Ironwood Country Club or Bighorn and come up with some sort of design concept acceptable to them the city probably wouldn' t have too much opposition to it if they made peace with those bodies . In order to cover the south end of the city it might be something they want to hold open. They don' t expect to see it happen, but they have tried to provide for it . For , purposes of CEQA ZOA 96-2 is a Class 5 categorical exemption. Staff recommended that Planning Commission recommend approval of the ordinance to the City Council . He noted that this matter was also reviewed through the Zoning Ordinance Review Committee at its last meeting. Staff received some ideas from them, they tried to incorporate those suggestions into this document and re-circulated this draft ordinance to that group approximately ten days ago indicating that staff would like some comments back if anyone had any. Mr. Smith had not heard from anyone so staff assumed the changes were satisfactory. Commissioner Jonathan said that as he understood the amendment if a new mast is going to go up the first step is the Architectural Review Commission and the second step is the Planning Commission for the conditional use permit . That would be a public hearing process with notification. Mr . Smith concurred that it would be a full conditional use permit process . Commissioner Ferguson stated that at the Zoning Ordinance Review Committee meeting the issue was raised that by requiring setbacks from residential zones they were actually maximizing the visual impact to that zone in that an 85 foot tower immediately adjacent to a residential zone would be seen by far fewer residents then a tower set back "x" number of feet . He asked if the 300 foot notification radius for a public hearing was sufficient when talking about an 85 foot tower . He asked if it should be broadened. Mr. Smith said that it was something to consider. Mr. Drell indicated that it could be . Commissioner Ferguson felt that people within 8 I I w MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 300 feet would be less impacted then those outside of 300 feet . Mr. Drell suggested a distance of 500 feet . Commissioner Jonathan concurred. Mr. . Drell said that they were talking about some very massive mailings when getting higher. Commissioner Jonathan said that was better then having people before the Commission after the fact . Mr. Drell said that 500 feet gave a 1, 000 foot diameter circle . Mr. Smith asked if that was internally inconsistent with the rest of the ordinance . Mr. Drell replied no, not if they could make the finding that this unique use impacts that larger area as opposed to a restaurant or other use, where once you are out of sight and out of traffic range it didn' t impact at all . This would be within the sight of far more people. Commissioner Jonathan felt they should include it in the recommendation. Mr. Drell said that the commission could direct staff to do some site diagrams for council of an area and the profile seen from certain distances . Commissioner Jonathan felt it came down to whether they wanted to deal with those people through the due process or whether they wanted to hear from them when the towers/antennas were being installed. Commissioner Ferguson noted that 500 feet is a greater than five to one ratio, tower height to notification perimeter; 300 feet is less than four to one . It seemed to him that the people that fall within that additional 200 feet would be the ones that would be much more visually impacted then the 300 feet . Like Commissioner Jonathan, he would like them to be notified up front and give them an opportunity to speak about it. He didn' t feel that 300 feet was an adequate notice area. Mr. Smith said there was a proposal for the roof at the Town Center. The parcel that it is going on extends all the way out to the perimeter of the mall property, which is probably 800-900 feet from the actual antenna. If they go 300 feet beyond that, they were already noticing residents at 1, 000 or 1, 100 feet . The same thing would happen for the Gold' s Gym site in that they would move the antenna so that it is 200 feet from the property line and then they would notice into the residential area, which happens to be one residential ownership at this time because it has not been subdivided, but from the actual location of the tower, they were probably 9 MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 talking about 500 feet . Mr. Drell felt that what they should do would be to have a unique noticing provision that the noticing distance should be based on the location of the tower, not on the parcel . Whatever they chose, it should be the distance from the actual base of the tower. Commissioner Jonathan suggested that the noticing could be the larger of 300 feet from the parcel or 500 feet from the tower. If they just said 500 feet from the tower and it was a 900 foot parcel, then no one was being noticed. Then they might be in violation of the normal ordinance . Mr. Drell concurred that they would have to do the 300 feet at a minimum from the parcel, or 500 feet from the tower. He noted that under this ordinance the antenna on top of the Town Center would not require a conditional use permit . Mr. Smith agreed, noting that it was only 16 feet above the roof, so it was not subject to the ordinance and would only be going before the Architectural Commission. Commissioner Ferguson stated that he felt that when getting 85 feet into the air, which is higher then anything else allowed, the visual impact in the valley was such that they should broaden the notice area and he would recommend limiting it just to communication towers . Chairperson Beaty opened the public hearing and asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal . MR. DARRELL DAUGHERTY, representing Pacific Bell Mobile Services, thanked Mr. Drell and Mr. Smith for working with them on this. He felt it has been a good experience for them and they would before the Planning Commission at the next meeting. Co-location was something when they look at sites that people have to want to do. The industry generally didn' t want to do it for a lot of reasons . First of all they didn' t want to be bothered with allowing other people on their towers, generally, and there wasn' t incentive for them to do that . He liked parts of this ordinance that didn' t give people a choice not to. That would be his message to the commission. If they really wanted to work for co-location, they should use some of these things as a tool . When they come before the Planning Commission for their facilities, 10 j N MINUTES PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 he wanted to let them know that there was a commitment for co-location and that Pac Bell would stand behind that and whatever the commission wanted to do with their site- they would work with them. He said that he was present and available to answer any questions regarding technology. Chairperson Beaty asked how many of these he anticipated were required to. cover Palm Desert . Mr. Daugherty replied that they have three and about 14 throughout the whole valley. They have 3-4 in Palm Springs, 1 in Cathedral City, 2 in Rancho Mirage, 1 in Desert Hot Springs, and 1 in Indian Wells. He said that when looking at the size of the city it was proportional and 14 would cover the whole desert region. Chairperson Beaty asked if this was new technology in competition with cell phones . Mr. Daugherty concurred. He said that about a year and a half ago the FCC auctioned off licenses and Pac Bell received a license for new technology called PCS (Personal Communication Services) to compete with the existing cellular providers and they would do that on an all digital platform whereas the existing cellular service is analog now. He noted that the cellular companies were currently switching their services over to digital platforms . That process of migrating people off the analog service to the digital was estimated to take three to five years . Chairperson Beaty closed the public hearing and asked for commission comments and action. Commissioner Ferguson said that they reviewed this at the Comprehensive Zoning Ordinance Review Committee . He thanked Mr. Daugherty and said that he has dealt with many lobbyists in his time and felt that Mr. Daugherty was eminently reasonable and he felt that this was a perfect accommodation between emerging technology and a city' s desire to regulate its own land use . As the ordinance was drafted, they went through a number of changes in such a way that it would not limit emergence of new technology artificially because none of them on the Review Committee were analog friendly and he felt it was a good compromise. It gave the city the ability to 11 MINUTES ` PALM DESERT PLANNING COMMISSION SEPTEMBER 17, 1996 evaluate each project . Ironwood came u as mentioned b Mr. P J P Y Smith. He said that he lives up there. Bighorn is back in a cove which is traditionally difficult to service by cell phone regions and if his country club was able to reach a compromise where they were able to put a tower way back at the south course where it would only be seen by a very few Ironwood homeowners and no one objected, they should be allowed to do SO . That flexibility was built into the ordinance, but the ultimate control was retained by the Planning Commission and Council . He liked the way the ordinance was drafted and they way the committee reviewed it and endorsed the proposed ordinance wholeheartedly with the greater notice provision for residents . Action: Moved by Commissioner Ferguson, seconded by Commissioner Campbell , approving the findings as presented by staff . Carried 5-0 . Moved by Commissioner Ferguson, seconded by Commissioner Campbell, adopting Planning Commission Resolution No. 1765, recommending to City Council approval of ZOA 96-2, subject to amendment of the legal notice radius distance . Carried 5-0 . IX. MISCELLANEOUS None. X. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE UPDATE None . XI. COMMENTS 1 . Mr. Drell said that he was contacted by the engineer for Katrina Heinrich and Lionel Steinberg, who were owners of a lot of property along the freeway. They were 12 I FILE No. 503 06.27 '96 1A:25 ID:PBMS-CM-ANNEX,-PC 714 825 8181 PAGE 1 RECEIVED PLANCOM Telecommunications Planning Services JUN 2 7 1996 CM 477-04/CM 464-21/CM 460-04 COMMUNRY DEVELOPMENT DEPARTMENT 01TY OF PALM DESERT .[one 27, 1996 Mr. Philip Drell Plaiming Director City of Palm Desert: 73-510 Fred Waring Drive Patin Desert, CA 92260.2579 RF: Pacific Bet] Mobile Services(DBMS) proposed wireless communication facilities in the City of Palm. Desert. Dear Phil: PBMS concurs with the City of Palm Desert StafFs decision to continue the three PBMS proposed facilities from tonight's City Council hearing to the July l 1, 1996 City Council hearing, with the agreement that a decision will be made by the City of Palm Desert at that time. I PBMS would .011 like to have a study session with the Council members on the proposed PBMS facilities and on the wireless communication industry in general. As previously planned we could hold the workshop at 3:30 the day of the hearing or at any convenient time For C:ounci.l. Thank you for your time, and Steve Smith's time, with PBMS. If you have any questions please call me at 714-825-8192. Sincerely, Amy Stanton Planning Consultant PLANCOM 2955 Red Hill Avenue, Suae 10o Coble Mesa, CA 02626 714-825-BOSS 714-825.8070 fax ` I CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 17, 1996 CASE NO: ZOA 96-2 REQUEST: Approval of zoning ordinance amendment to regulate commercial - communication towers and commercial communication antennas. APPLICANT: City of Palm Desert I. BACKGROUND: Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and the City Council . The City Council determined that it wished to enact a specific ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities . July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities . The moratorium was extended at the August 22 , 1996 council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force. II. DISCUSSION: The ordinance before you has been reviewed and revised by the members of the zoning Ordinance Review Committee . Essentially, the ordinance does the following: a. defines commercial communication towers and commercial communication antennas ; b. prohibits these facilities in residential zones except -through the exception procedure; C . permits these facilities in the C-1, PC, SI, P, OS and PI zone districts; d. requires all --commercial_ -communi-cation .antennas to obtain approval of the Architectural Review Commission; e . requires new freestanding commercial communication towers and commercial communication antennas to obtain approval of a conditional use permit; f . establishes minimum separation requirements from residential zones; g. establishes minimum separation requirements between individual towers; STAFF REPORT ZOA 96-2 SEPTEMBER 17, 1996 h. establishes maximum overall height of 85 feet; i . encourages shared use/allocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers; j . establishes an exceptions process and required findings to be affirmed by the Planning Commission. III . CEOA REVIEW: The proposed ordinance is a class 5 categorical exemption for the purposes of CEQA and no further documentation is necessary. IV. RECOMMENDATION: That Planning Commission recommend approval of Case No. ZOA 96-2 to the City Council . V. ATTACHMENTS: A. Draft resolution B. Legal notice i Prepared by Steve Smith c Reviewed and Approved b Phil Drell /tm 2 i PLANNING COMMISSION RESOLUTION NO. 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN ORDINANCE TO REGULATE COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS. CASE NO. ZOA 96-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1996, hold a duly noticed public hearing to consider an ordinance to regulate commercial communication towers and commercial communication antennas; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to exist to justify their actions : 1 . The proposed ordinance which will regulate commercial communication towers and commercial communication antennas is consistent with the intent of the General Plan and Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case . 2 . That ZOA 96-2 , Exhibit A, is hereby recommended to the city council for approval . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of September, 1996 , by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE . CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS; AMENDING CHAPTER 25 . 04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMERCIAL COMMUNICATION ANTENNAS AND COMMERCIAL COMMUNICATION TOWER; AMENDING CHAPTER 25.28 GENERAL COMMERCIAL DISTRICT; AMENDING CHAPTER 25 .30 PLANNED COMMERCIAL DISTRICT; AMENDING CHAPTER 25 .34 SERVICE INDUSTRY DISTRICT; AMENDING CHAPTER PUBLIC/INSTITUTIONAL DISTRICT; AMENDING CHAPTER 25 .42 OPEN SPACE DISTRICT; AND ADOPTING A NEW CHAPTER 25 .104 "COMMERCIAL COMMUNICATION TOWER AND COMMERCIAL COMMUNICATION ANTENNA REGULATIONS" . The City Council of the City of Palm Desert, California, DOES ORDAIN, as follows : SECTION 1 : That section 25 . 04 . 202 and 25 . 04 .203 be added to define commercial communication antenna and commercial communication tower respectively as follows : 25 . 04 . 202 : "Commercial Communication Antenna" Commercial communication antenna shall mean an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. The term commercial communication tower shall not include amateur radio operators' equipment , as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . 25 . 04 .203 : "Commercial Communication Tower" Commercial communication tower shall mean a tower greater than 35 feet in height (including antenna) which supports commercial communication. (transmission or receiving) equipment . The term commercial communication tower shall not include amateur radio operators' equipment , as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . i 1 ORDINANCE NO. SECTION 2 : That section 25 .28 . 030 of the municipal code be amended by adding to said section the following subparagraph: "M. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 3 : That section 25 .28 . 020 A of the municipal code be amended by adding to the end of said section the following subparagraph: "Commercial communications towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 4 : That section 25 . 30 . 020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 5 : That section 25 . 030 . 020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 6 : That section 25 . 34 . 030 of the municipal code be amended by adding to said section the following subparagraph: "C. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " 2 i F I ORDINANCE NO. SECTION 7 : That section 25 . 38 . 030 of the municipal code be amended by adding to said section the following subparagraph: R. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 8 : That section 25 .42 . 030 of the municipal code be amended by adding to said section the following subparagraph: "G. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communications Tower Regulations . " SECTION 9 : That Chapter 25 . 104 is hereby added to the Municipal Code of the City of Palm Desert to read as follows : Chapter 25 . 104 "Commercial Communication Tower and Commercial Communication Antenna Regulations" Sections : 25 . 104 . 010 Purpose and Intent 25 . 104 . 020 Applicability 25 . 104 . 030 Permitted Commercial Communication Towers and/or Antennas 25 . 104 . 040 Performance and Construction Standards 25 . 104 . 050 Exception Process 25 . 104 . 010 Purpose and Intent . The regulations and requirements set forth herein are adopted for the following purposes : , (a) To provide for the location of commercial communication towers and commercial communication antennas in the City of Palm Desert : (b). _ To protect -land uses . from potential adverse impacts of commercial communication towers and antennas : (c) To minimize adverse visual impacts of commercial communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques : 3 I ORDINANCE NO. II (d) To accommodate the growing need for commercial communication towers and antennas : (e) To promote and encourage shared use/collocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers : (f) To protect the public health, safety and welfare : (g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures : 25 . 104 . 020 Applicability. (a) All new commercial communication towers and commercial communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations . For purposes of measurement , communication tower setbacks and separation distances as delineated in Section 25 . 104 . 040, subsection (e) (3) , shall be calculated and applied irrespective of municipal and county jurisdictional boundaries . (b) All commercial communication towers and commercial communication antenna facilities existing on 1996 (the effective date of this ordinance) shall be considered permitted uses, and allowed to continue their usage as they presently exist ; provided however, that anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing commercial communication tower, shall comply with the requirements of Section 25 . 104 . 040, subsection (e) (3) . Routine maintenance shall be permitted on such existing towers . 4 ORDINANCE NO. 25 . 104 . 030 Permitted Commercial Communication Towers and Commercial Communication Antennas in Zoning Districts of City. (a) Commercial communication towers and commercial communication antennas shall not be permitted in any residential zoning district in the city. Exceptions to this provision may be processed pursuant to Section 25 . 104 . 040 (1) . (b) Commercial communication towers and commercial communication antennas may be approved in any of the following zone districts : (a) C1 General Commercial (b) PC Planned Commercial (c) SI Service Industrial (d) P Public/Institutional (e) OS Open Space (f) PI Planned Industrial (c) Commercial communication towers and commercial communication antennas may locate on existing towers or buildings . (1) When located on buildings, commercial communication towers and commercial communication I antennas shall be architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color and materials as determined by the Architectural Review Commission. (2) Shall not exceed 50% of the building height . (d) Requests for building mounted commercial communication antennas in excess of 50% of the building height shall be processed pursuant to the requirements of subsection (e) . (e) New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless the applicant : 5 j i ORDINANCE NO. (1) Substantiates to the satisfaction of the Planning Commission: (a) that existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and _ (c) that the applicant shows compelling technological or economic reason (s) for requiring a new freestanding facility. (2) Obtains a conditional use permit pursuant to Chapter 25 . 72 of the Code. 25 . 104 . 040 Performance and Construction Standards for Commercial Communication Towers and Commercial Communication Antennas . (a) Setbacks . Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located. (b) Separation from off-site uses . 1 . Commercial communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in Section (d) (2) below. 6 i ORDINANCE NO. 2 . Separation requirements for commercial communication towers shall comply with the following minimum standards : OFF-SITE USE SEPARATION DISTANCE residentially zoned three (3) times lands or residential height of tower, uses with a minimum of 100 feet (c) Separation distances between commercial communication towers . 1 . Separation distances between commercial communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after 1996 (the effective date of this ordinance) . 2 . The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. 3 . The separation distances (listed in linear feet) shall be as follows : TOWERS-TYPES Monopole greater than 50 feet in height 1000 feet Monopole 50 feet or less in height 500 feet Guyed tower at any height 1000 feet (d) . . Fencing. . ,_A .fence, or. wall not less. .than eight (8) feet in height from finished grade shall be provided around each commercial communication tower except those installed on roof tops . Access to the tower shall be through a locked gate . 7 1 i 4 ORDINANCE NO. (e) Landscaping. The visual impacts of a commercial communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures . Landscaping and buffering of commercial communication tower shall be required around the perimeter of the tower and accessory structures to the satisfaction of the Architectural Review Commission. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements . (f) Height . 1 . No freestanding commercial communication tower/antenna shall exceed 85 feet in height from ground level . k 2 . Where installed on top of a building, no commercial communication tower/antenna shall extend greater than 50% over the building height . (g) Type of Construction. Commercial communication towers shall be monopole construction; provided, however, that guyed construction may be approved by the Planning Commission upon consideration of the following factors : 1 . Compatibility with adjacent properties; 2 . Architectural consistency with adjacent properties; and 3 . Visual impact on adjacent properties, including visual access of adjacent properties to sunlight . (h) Development Criteria. Commercial communication towers/antennas _.shall comply— with . the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space . 8 i ORDINANCE NO. (i) Illumination. Commercial communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration. (j ) Collocation. 1 . Proposed commercial communication antennas may, and are encouraged to, collocate onto existing commercial communication towers provided such collocation is accomplished in a manner consistent with this section, such collocation is permitted without amendment of the existing conditional use permit if no additional modification to the tower is proposed. 2 . Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing . tower. Any modification of that existing tower is subject to the conditional use permit process and Section 25 . 104 . 030 . 3 . If determined by the City that the proposed commercial tower is situated in a location which will benefit the City ' s telecommunication systems, then the tower i shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower to meet the City' s needs . (k) Noninterference. No commercial communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities . (1) ._ Exceptions . _ Any. request to deviate from any of the requirements of this section shall require approval of an exception pursuant to Section 25 . 104 . 050 . 9 ORDINANCE NO. (m) Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate or modify a commercial communication tower/antenna. (n) Signs and Advertising. The use of any portion of a commercial communication tower for signs or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited. (o) Abandonment . In the event the use of any commercial communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal , any variance approval for the tower shall automatically expire . 25 . 104 . 050 Exception Process . The Planning Commission may approve exceptions relative to : (a) zoning districts on which commercial communication towers and commercial communication antennas may be located; (b) height of building mounted commercial communication antennas; (c) separation distances between residential zoned lands or residential uses and commercial communication towers; (d) -separation — distances - be•tween .... commercial 1 communication towers; upon affirmation of the following findings : (a) that there is a unique land use characteristic or nearby geographic feature which results in 10 ORDINANCE NO. a compelling technological need to locate the commercial communication towers and/or commercial communication antennas in the location and/or at the height proposed; and (b) that the unique land use characteristics or geographic features mitigate any negative aesthetic concerns . SECTION 10 . : Section 25 . 56 . 300 "The Height of a Structure" be amended by adding to the end of said section the following subparagraph. "The height limit contained in the zoning district regulations of this Code and in this Section do not apply to ground mounted commercial communication towers or building mounted commercial communication antennas . Height of said ground mounted commercial communication towers and/or building mounted commercial communication antennas shall be as prescribed in Section 25 . 104 . 040 (g) . " SECTION 11 . : If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable . SECTION 12 . : This Ordinance shall become effective immediately upon passage . PASSED, APPROVED and ADOPTED this day of 1996, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: ---WAL•T•ER H. SNYDER, •Mayor I ATTEST: SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert, California 11 i PROOF OF PUBLICATION County Clerk 's Filing Stamp (2015.5 C.C.P) RECEIVED SEP 10 1996 COMMUNRY DEVELOPMENT DEPARTMENT CRYOF PALM DESERT STATE OF CALIFORNIA, County of Riverside, ---------------------------------------_ I am a citizen of the United States Proof of Publication of and a resident of the County afore- said; I am over the age of eighteen LEGAL NOTICE years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the CITY OF PALM DESERT ' LEGAL NOTICE PALM DESERT POST CASE NO. ZOA 96.2 a newspaper of general circulation, NOTICE IS HEREBY GIVEN that a public hearing will be g held before the Palm Desert Planning Commission to co- printed and published weekly in the elder a proposed Ordinance to regulate commercial commit - nication towers and commercial communication antennas. City of Palm Desert, Cathedral City, SAID public hearing will be heldon Tuesday.September 17. and Rancho Mirage, County Of 19%,at 7:00 P.m.In the Coundl Chamber at the Palm De. sere Civic Center,71510 Fred Waring Drive,Palm Desert. Riverside, and which newspaper has California,atwhich dmeand placeall interested persons are been adjudged a newspaper of general I invited to ahend and be heard.Written comments concern circulation by the Superior Court of Ing all Items covered by this public hearing nonce shall be accepted up to thedale of the hearing,Information concern- the County of Riverside, State of I Ing the proposed project and/or negative declaration Is California, under the date Of available for review in the Department of Community Deve _ bpment at the above address between the hours of 8:00 October 5, 1964, Case Number 83658, a.m.and 5:00p.m.Monday through Friday.If you challenge that the notice, of which the the proposed actions in court,you may be limited to raising only those issues you or someone else raised al the public annexed 15 a printed copy hearing described in this notice,or in written corresporn (set in type not smaller than nonpareil ) , dance delivered to the planning mmmisslon(of city council al, or Prior to, the public hearing. ' has been published in each regular and /sPHILIP DRELL, Secretary entire issue of said newspaper and not in Palm Desert Planning Commission (Pub. D.P. September S. 1g%) any supplement thereof on the following dates, to-wit: f SEPTEMBER 5, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at I Palm Desert, California I this 5TB AY OF SE E 1996 Sig at 1 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: City Council and City Manager FROM: Phil Drell, Director of Community Development DATE: August 22,. 1996 SUBJECT: Extension of moratorium on acceptance of applications and the issuance of approvals for the construction and development of wireless communication facilities in the city and initiation of proceedings to adopt an ordinance to regulate wireless communication facilities in the city RECOMMENDATION: i) That the city council, after completion of the public hearing, extend the moratorium imposed by Ordinance No. 810 for a period of time not exceeding ten ( 10) months and fifteen ( 15) days . ii) That by minute motion the city 'council formally initiate proceedings to adopt an ordinance to regulate wireless communication towers, antennas and other such facilities in the city and refer same to the planning commission for public hearings . BACKGROUND: The city council and staff were concerned about the potential impacts of new communication towers, antennas and other such facilities in the city. Accordingly, Ordinance No. 810 was passed on July 11, 1996 which placed a moratorium on the acceptance of applications and issuance of approval for the construction and development of wireless communication facilities in the city for 45 days. In the period between July 12, 1996 and the writing of this report staff have met with representatives of Pac Bell Mobile Services and the city attorney' s office. As. well, we have reviewed ordinances enacted by five other cities (La Quinta; Riverside; Medina, WA; Almonte Springs, FL; and Edmonds, WA) . r F MEMORANDUM AUGUST 22, 1996 The ordinances of these other cities contain a wide array of methods of regulating these towers . It is staff' s belief that we can pick and choose the most appropriate sections from the various other cities and create a very acceptable ordinance for presentation to planning commission and the city council . Our intention then at this time, in addition to extending the moratorium is to request city council to formally initiate by minute motion proceedings to adopt an ordinance to regulate wireless communication towers, antennas and other such facilities in the city and refer same to the planning commission for public hearings . The moratorium needs to be extended in order that we can hold the necessary public hearings at planning commission and city council and ultimately adopt the desired ordinance. . It is unlikely that this will take the full ten months and fifteen days . If the ordinance is adopted before the moratorium expires then we will process the necessary documents to lift the moratorium. Staff has prepared a sample ordinance (attached) which will have two separate processes. Wireless communications towers and antennas which can be placed on a roof and be no more objectionable than a television antenna, will be processed through the architectural review commission. All other proposals would be processed through a conditional use permit through the planning commission as well as the A.R.C. The proposed ordinance will define criteria for determining which process will be required, maximum height limits, separation requirements, establish definitions applicable to the use, limit zone categories in which the towers may be instructed, and any other matters . P ILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENY COUNCIL ,ACTION: 'V APPROVED ./ D.TF?�R ENIED PD/db RP_CEIVED� NCE•C Ili AESTAIN: � T / � VERIFIED az witY: ..i y ..1a_.t ^r..r=13yyinal on Zile 1 I w CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: September 17, 1996 CASE NO: ZOA 96-2 REQUEST: Approval of zoning .ordinance amendment to regulate commercial communication towers and commercial communication antennas . APPLICANT: City of Palm Desert I . BACKGROUND: Earlier this year the city received applications from Pac Bell Mobile Services to install a series of commercial communication towers and antennas at various locations in the city. The applications were processed through the Architectural Review Commission and the City Council . The City Council determined that it wished to enact a specific ordinance to regulate commercial communication towers and commercial communication antennas prior to approving any of these facilities . July 11, 1996 the City Council passed an urgency ordinance creating a moratorium on these facilities . The moratorium was exten e at�_August 22 1996 council meeting. The moratorium will continue until July 7, 1997 or until the new ordinance is in force. II . DISCUSSION: The ordinance before you has been reviewed and revised by the members of the Zoning Ordinance Review Committee . Essentially, the ordinance does the following: a . defines commercial communication towers and commercial communication antennas; b. prohibits these facilities in residential zones except through the exception procedure; C . permits these facilities in the C-1, PC, SI , P, OS and PI zone districts; d. requires all commercial -communication antennas to obtain approval of the Architectural Review Commission; e . requires new freestanding commercial communication towers and commercial communication antennas to obtain approval of a conditional use permit; . f . establishes minimum separation requirements from residential zones; g. establishes minimum separation requirements between individual towers; 4 STAFF REPORT ZOA 96-2 SEPTEMBER 17, 1996 h. establishes maximum overall height of 85 feet; i . encourages shared use/allocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers; j . establishes an exceptions process and required findings to be affirmed by the Planning Commission. III. CEOA REVIEW• The proposed ordinance is a class 5 categorical exemption for the purposes of CEQA and no further documentation is . necessary. IV. RECOMMENDATION: That Planning Commission recommend approval of Case No. ZOA 96-2 to the City Council . V. ATTACHMENTS: A. Draft resolution B. Legal notice Prepared by Steve c Reviewed and Approved b Phil Drell /tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF AN ORDINANCE TO REGULATE COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS . CASE NO. ZOA 96-2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of September, 1996, hold a duly noticed public hearing to consider an ordinance to regulate commercial communication towers and commercial communication antennas; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts to exist to justify their actions : 1 . The proposed ordinance which will regulate commercial communication towers and commercial communication antennas is consistent with the intent of the General Plan and Zoning Ordinance and will protect the community health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert , California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case . 2 . That ZOA 96-2 , Exhibit A, is hereby recommended to the city council for approval . PASSED, APPROVED and ADOPTED • at a regular meeting of the Palm Desert Planning Commission, held on this 17th day of September, 1996, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: PAUL R. BEATY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission EXHIBIT "A" • c I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS; AMENDING CHAPTER 25.04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMERCIAL COMMUNICATION ANTENNAS AND COMMERCIAL COMMUNICATION TOWER; AMENDING CHAPTER 25.28 GENERAL COMMERCIAL DISTRICT; AMENDING CHAPTER 25.30 PLANNED COMMERCIAL DISTRICT; AMENDING CHAPTER 25.34 SERVICE INDUSTRY DISTRICT; AMENDING CHAPTER PUBLIC/INSTITUTIONAL DISTRICT; AMENDING CHAPTER 25 .42 OPEN SPACE DISTRICT; AND ADOPTING A NEW CHAPTER 25.104 "COMMERCIAL COMMUNICATION TOWER AND COMMERCIAL COMMUNICATION ANTENNA REGULATIONS" . The City Council of the City of Palm Desert, California, DOES ORDAIN, as follows : SECTION l : That section 25 . 04 .202 and 25 . 04 .203 be added to define commercial communication antenna and commercial communication tower respectively as follows : 25 . 04 . 202 : "Commercial Communication Antenna" Commercial communication antenna shall mean an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. The term commercial communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . 25 . 04 .203 : "Commercial Communication Tower" Commercial communication tower shall mean a tower greater than 35 feet in height (including antenna) which supports commercial communication (transmission or receiving) equipment . The term commercial communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . ORDINANCE NO. SECTION 2 : That section 25 .28 . 030 of the municipal code be amended by adding to said section the following subparagraph: "M. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 3 : That section 25 .28 . 020 A of the municipal code be amended by adding to the end of said section the following subparagraph: "Commercial communications towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 4 : That section 25 .30 . 020 B of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations. " SECTION 5 : That section 25 . 030 . 020 C of the municipal code be and the same is hereby amended by adding to the end of said section the following subparagraph: "Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 6 : That section 25 .34 . 030 of the municipal code be amended by adding to said section the following subparagraph: II C. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations. " 2 4 ORDINANCE NO. SECTION 7 : That section 25 . 38 . 030 of the municipal code be amended by adding to said section the following subparagraph: "R. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communication Tower Regulations . " SECTION 8 : That section 25 .42 . 030 of the municipal code be amended by adding to said section the following subparagraph: "G. Commercial communication towers subject to performance standards set forth at Chapter 25 . 104 Commercial Communications Tower Regulations . " SECTION 9 : That Chapter 25 . 104 is hereby added to the Municipal Code of the City of Palm Desert to read as follows : Chapter 25 . 104 "Commercial Communication Tower and Commercial Communication Antenna Regulations" Sections: 25 . 104 . 010 Purpose and Intent 25 . 104 . 020 Applicability 25 . 104 . 030 Permitted Commercial Communication Towers and/or Antennas 25 . 104 . 040 Performance and Construction Standards 25 . 104 . 050 Exception Process 25 . 104 . 010 Purpose and Intent . The regulations and requirements set forth herein are adopted for the following purposes : . (a) To provide for the location of commercial communication towers and commercial communication antennas in the City of Palm Desert : (b) To protect land uses. from potential adverse impacts of commercial communication towers and antennas : (c) To minimize adverse visual impacts of commercial communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques : 3 ORDINANCE NO. (d) To accommodate the growing need for commercial communication towers and antennas : (e) To promote and encourage shared use/collocation of existing and new commercial communication towers as a primary option rather than construction of additional single-use towers : (f) To protect the public health, safety and welfare : (g) To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures : 25 . 104 . 020 Applicability. (a) All new commercial communication towers and commercial communication antennas in Palm Desert shall be subject to these regulations and all other applicable regulations . For purposes of measurement, communication tower setbacks and separation distances as delineated in Section 25 . 104 . 040, subsection (e) (3) , shall be calculated and applied irrespective of municipal and county jurisdictional boundaries . (b) All commercial communication towers and commercial communication antenna facilities existing on 1996 (the effective date of this ordinance) shall be considered permitted uses, and allowed to continue their usage as they presently exist; provided however, that anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing commercial communication tower, shall comply with the requirements of Section 25 . 104 . 040, subsection (e) (3) . Routine maintenance shall be permitted on such existing towers. 4 1 ORDINANCE NO. 25 . 104 . 030 Permitted Commercial Communication Towers and Commercial Communication Antennas in Zoning Districts of City. (a) Commercial communication towers and commercial communication antennas shall not be permitted in any residential zoning district in the city. Exceptions to this provision may be processed pursuant to Section . 25 . 104 . 040 (1) (b) Commercial communication towers and commercial communication antennas may be approved in any of the following zone districts : (a) C1 General Commercial (b) PC Planned Commercial (c) SI Service Industrial (d) P Public/Institutional (e) OS Open Space (f) PI Planned Industrial (c) Commercial communication towers and commercial communication antennas may locate on existing towers or buildings. (1) When located on buildings, commercial communication towers and commercial communication antennas shall be architecturally integrated into building design so as to be as unobtrusive as possible in context with the adjacent environment and architecturally compatible with existing structures in terms of design, color and materials as determined by the Architectural Review Commission. (2) Shall not exceed 50% of the building height . (d) Requests for building mounted commercial communication antennas in excess of 50% of the building height shall be processed pursuant to the requirements of subsection (e) . (e) New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless the applicant : 5 r ORDINANCE NO. (1) Substantiates to the satisfaction of the Planning Commission: (a) that existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider; and (b) that the geographical boundaries of the , proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna at the height proposed; and (c) that the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. (2) Obtains a conditional use permit pursuant to Chapter 25 . 72 of the Code. 25 . 104 . 040 Performance and Construction Standards for Commercial Communication Towers and Commercial Communication Antennas . (a) Setbacks . Commercial communication tower/antenna setbacks shall be measured from the base of the tower/antenna to the property line of the parcel on which it is located. Accessory structures shall comply with the minimum setback requirements of the district in which they are located. (b) Separation from off-site uses . 1 . Commercial communication tower separation shall be measured from the base of the tower to the closest point of off-site uses and/or designated areas as specified in Section (d) (2) below. 6 1 ORDINANCE NO. 2 . Separation requirements for commercial communication towers shall comply with the following minimum standards : OFF-SITE USE SEPARATION DISTANCE residentially zoned three (3) times lands or residential height of tower, uses with a minimum of 100 feet (c) Separation distances between commercial communication towers. 1 . Separation distances between commercial communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the City of Palm Desert after , 1996 (the effective date of this ordinance) . 2 . The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. 3 . The separation distances (listed in linear feet) shall be as follows : TOWERS-TYPES Monopole greater than 50 feet in height 1000 feet Monopole 50 feet or less in height 500 feet Guyed tower at any height 1000 feet (d) Fencing. A fence or wall not less than eight (8) feet in height from finished grade shall be provided around each commercial communication tower except those installed on roof tops . Access to the tower shall be through a locked gate . 7 ORDINANCE NO. (e) Landscaping . The visual impacts of a commercial communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures . Landscaping and buffering of commercial communication tower shall be required around the perimeter of the tower and accessory structures to the satisfaction of the Architectural Review Commission. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements . (f) Height . 1 . No freestanding commercial communication tower/antenna shall exceed 85 feet in height from ground level . 2 . Where installed on top of a building, no commercial communication tower/antenna shall extend greater than 50% over the building height . (g) Type of Construction. Commercial communication towers shall be monopole construction; provided, however, that guyed construction.may be approved by the Planning Commission upon consideration of the following factors : 1 . Compatibility with adjacent properties; 2 . Architectural consistency with adjacent properties; and 3 . Visual impact on adjacent properties, including visual access of adjacent properties to sunlight . (h) Development Criteria. Commercial communication towers/antennas . shall . comply with the minimum development criteria of the district in which they are located, pertaining to minimum lot size and open space. 8 i ORDINANCE NO. (i) Illumination. Commercial communication towers/antennas shall not be , artificially lighted except to assure human safety or as required by the Federal Aviation Administration. (j ) Collocation. 1 . Proposed commercial communication antennas may, and are encouraged to, collocate onto existing commercial communication towers provided such collocation is accomplished in a manner consistent with this section, such collocation is permitted without amendment of the existing conditional use permit if no additional modification to the tower is proposed. 2 . Any request to collocate a new antenna within the required separation radius of an existing tower shall be required to collocate on the existing tower. Any modification of that existing tower is subject to the conditional use permit process and Section 25 . 104 . 030 . 3 . If determined by .the City that the proposed commercial tower is situated in a location which will benefit the City ' s telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunicating equipment beneficial to the public system at a cost to the City no greater than the actual expense of the provider in so engineering and constructing the tower to meet the City' s needs. (k) Noninterference. No commercial communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities . (1) Exceptions . Any request to deviate from any of the requirements of this section shall require approval of an exception pursuant to Section 25 . 104 . 050 . 9 ORDINANCE NO. (m) Documentation. Documentation to demonstrate conformance with the requirements of this section shall be submitted by the applicant with all requests to construct, locate or modify a commercial communication tower/antenna. (n) Signs and Advertising. The use of any portion of a commercial communication tower for signs or advertising_ purposes including, without limitation, company name, banners, or streamers, is prohibited. (o) Abandonment . In the event the use of any commercial communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (i) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (ii) dismantle and remove the tower. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any variance approval for the tower shall automatically expire. 25 . 104 . 050 Exception Process . The Planning Commission may approve exceptions relative to : (a) zoning districts on which commercial communication towers and commercial communication antennas may be located; (b) height of building mounted commercial communication antennas; (c) separation distances between residential zoned lands or residential uses and commercial communication towers; (d) separation distances - between commercial . communication towers; upon affirmation of the following findings : (a) that there is a unique land use characteristic or nearby geographic feature which results in 10 i J ORDINANCE NO. a compelling technological need to locate the commercial communication towers and/or commercial communication antennas in the location and/or at the height proposed; and (b) that the unique land use characteristics or geographic features mitigate any negative aesthetic concerns . SECTION 10 . : Section 25 . 56 . 300 "The Height of a Structure" be amended by adding to the end of said section the following subparagraph. "The height limit contained in the zoning district regulations of this Code and in this Section do not apply to ground mounted commercial communication towers or building mounted commercial communication antennas . Height of said ground mounted commercial communication towers and/or building mounted commercial communication antennas shall be as prescribed in Section 25 . 104 . 040 SECTION 11 . : If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable . SECTION 12 . : This Ordinance shall become effective immediately upon passage . PASSED, APPROVED and ADOPTED this day of 1996, by the following vote, to wit : AYES : NOES : ABSENT: ABSTAIN: WALTER H. SNYDER, Mayor ATTEST: SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert, California 11 EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMERCIAL COMMUNICATION TOWERS AND COMMERCIAL COMMUNICATION ANTENNAS; AMENDING CHAPTER 25 .04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMERCIAL COMMUNICATION ANTENNAS AND COMMERCIAL COMMUNICATION TOWER; AMENDING CHAPTER 25 .28 GENERAL COMMERCIAL DISTRICT; AMENDING CHAPTER 25.30 PLANNED COMMERCIAL DISTRICT; AMENDING CHAPTER 25 .34 SERVICE INDUSTRY DISTRICT; AMENDING CHAPTER PUBLIC/INSTITUTIONAL DISTRICT; AMENDING CHAPTER 25 .42 OPEN SPACE DISTRICT; AND ADOPTING A NEW CHAPTER 25 .104 "COMMERCIAL COMMUNICATION TOWER AND COMMERCIAL COMMUNICATION ANTENNA REGULATIONS" . The City Council of the City of Palm Desert, California, DOES ORDAIN, as follows : SECTION 1 : That section 25 . 04 .202 and 25 . 04 . 203 be added to define commercial communication antenna and commercial communication tower respectively as follows : 25 . 04 . 202 : "Commercial Communication Antenna" Commercial communication antenna shall mean an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission. The term commercial communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission. (FCC) or home satellite/television antennas . 25 . 04 . 203 : "Commercial Communication Tower"' Commercial communication tower shall mean a tower greater than 35 feet in height (including antenna) which supports commercial communication (transmission or receiving) equipment . The term commercial communication tower shall not include amateur radio operators' equipment, as licensed by the Federal Communications Commission (FCC) or home satellite/television antennas . PACIFIC © BELL Mobile Services Video Mail—The electronic storage and transfer of voice and motion video messages. Voice Mail—The electronic storage or transfer of audible messages. Volt — A unit electromotive force which will cause a current on one ampere to flow through a conductor whose resistance is one ohm. Watt— A unit electric power, equal to a current of one ampere under one volt of force. Wavelength —The distance between points of corresponding phase of a periodic wave of two constant cycles. Wavelength=wave velocity/frequency. Wireless LANs—Wireless Local Area Networks(LANs)provide wireless connections for devices such as portable computers and personal digital assistants to other devices and to databases. Wire LANs are expected to be built for private user groups such as a business within a small coverage area such as a business campus or downtown area. Wireless PBX—Wireless PBX is a PCS which is essentially a wireless business telephone. It is expected that Wireless PBX service will provide the same features that desktop business telephones currently provide such as voice mail and three-way teleconferencing. The phone handset will be cordless, with the user able to both make and receive calls wherever he or she may be within a service coverage area. Coverage areas for Wireless PBS are anticipated to be primarily within buildings and in defined outdoor areas such as a business campus or a neighborhood. P.TCB43\GLOSSAAY.WM _ • t PACIFIC © BELL Mobile Services WIRELESS COMMUNICATION Regulatory Framework Wireless communications facilities are regulated at the state and federal levels. The Federal Communications Commission (FCC) is responsible for licensing service providers and establishing performance and safety standards. Cellular and Personal Communication Services (PCS)providers are considered public utilities. The California Public Utilities Commission (CPUC) sets terms and conditions for cellular service and is expected to soon establish them for PCS providers. Introduction operations.This frequency band includes both public and private mobile service operations. in April 1981, This paper discusses the federal and stile regulatory the FCC allocated the 825-845 MHz and 870-890 MHz framework for wireless communications facilities. bands for cellular communications.The FCC restricted the number of cellular providers per region to two, an 'A" and a"B" market license. The two cellular Federal Regulations providers are considered common carriers and are g governed 47 CFR, Part 22, Public Land Mobile Radio. The Federal Communications Commission(FCC) is an ■ ESbIR—Like cellular,enhanced specialized mobile independent federal regulatory agency. Established by the radio(ESMR) is comprised of frequency bands within Communications Act of 1934, it is charged with regulating the 800 MHz spectrum, however the FCC does not interstate and international communications by radio, limit the number of ESMR carriers. ESMR systems are television,wire, satellite, and cable. It has jurisdictions over licensed as private land mobile radio systems,and are the 50 states, the District of Columbia. and U. S. governed 47 CFR, Part 90, Private Land Mobile Radio. possessions. ■ PCS—The PCS frequency spectrum includes The FCC's Wireless Telecommunications Bureau(W7B) broadband frequencies which range between 1850 to handles all FCC domestic wireless telecommunications 2200 MHz(1.85 and 2.20 GHz),and narrowband programs and policies,except those involving satellite frequencies. which includes I I paired channels in the communications. Wireless communications services 900 MHz range. include cellular telephone, paging,personal communications services(PCS), public safety,and other Between December 1994 and March 1995,the FCC commercial and private radio services. WTB also serves as auctioned off broadband frequencies in the 2000 MHz the Commission's principal policy and administrative portion of the PCS spectrum.The FCC also previously resource concerning spectrum auctions. conducted two auctions for narrowband PCs Licenses frequencies—one for nationwide licenses and one for regional licenses. Six companies won the 11 narrowband licenses offered for nationwide-based One of the primary functions of the FCC is to issue licenses service and six companies won the six narrowband to wireless communications carriers. Portions of the licenses offered for regional-based service.The FCC frequency spectrum are allocated to specific uses(such as will be auctioning off additional narrowband TV broadcast band.cellular, PCS, etc.),and specific frequencies for meropolitan trading area and basic frequencies within that band are assigned to licensed trading area licenses. which may result in the entrance operators. These procedures are intended to prevent of additional PCS service providers. interference or conflicts among various operators or services. PCS licensees are considered common carriers and are subject to 47 CFR. Part 24. Personal Communications ■ Cellular— in May 1974,the FCC reserved the Services, as well as some portions of 47 CFR,Part 22, 806-947 MHz frequency band for land mobile service public Land Mobile Radio. CFR=Code of Federal Regulations. Briefing Paper: Regulatory Framework page 5 PACIFIC © BELL Mobile Services Safety Standards constructed until a carrier demonstrates that it has complied with all local regulations and obtained the necessary. The FCC requires all licensees to comply with the 1992 permits and filed an advice letter. If local permits are not American National Standards Institute(ANSI)standards for obtained,carriers must file an application for preemptive radio frequency radiation(RFR)exposure.ANSI authority to construct;the CPUC can preempt local "consensus"standards were agreed upon by committees regulations on cellular siting. comprised of university, industry and government representatives,and establish safe exposure limits for RFR. In December 1994,the CPUC initiated a rulemaking to consider revisions to its rules governing environmental State Regulations review and the siting of cellular communications facilities. The rulemaking also reconsiders the relationship between In 1911,California voters passed a constitutional the CPUC,wireless communications providers,and local amendment establishing the Railroad Commission. In 1946, permitting agencies. In general,the rulemaking is believed the Railroad Commission was renamed the California to relax providers'burden of proof related to local land use Public Utilities Commission(CPUC).The CPUC has broad compliance.The Safety and Enforcement Division of the powers to regulate safety,standards of service,and rates CPUC released a revised version of GO 159 for public paid to privately-owned companies that provide public review and comment.GO 159A would streamline CPUC utilities in California. The CPUC,whose members are procedures for the processing of applications for wireless appointed by the Governor and approved by the Senate,has communications facilities. In its current form,it would quasilegislative and quasijudicial authority. It establishes require cellular,as well as PCS providers: and enforces administrative regulations, and, like a tour of ■ to obtain all requisite local land use approvals; law,may take testimony, subpoena witnesses and records, and issue decisions and orders. ■ to declare under oath to the CPUC that they have Of the three types of wireless communications services obtained all necessary local permits and have complied discussed in this paper,the CPUC currently only regulates with all local noticing procedures within 15 days;and cellular providers. Terms and conditions of cellular service ■ to update the CPUC on a quarterly basis of all existing in the state and federal legislation preempts the authority of locations and facilities,through tariff listings. the CPUC to regulate cellular rates and market entry. The federal government has preempted the CPUC's ability to The proposed rulemaking,along with an Order to Initiate regulate ESMRs until August. 1996.The CPUC is Investigation(Oil), is expected to be released in September authorized to regulate PCS,but proposed rulemaking, 1995.The rules are key because they set for the first time described below, includes establishment of terms and terms and conditions for PCS providers. Other key areas conditions for PCS service providers. relate to level of enforcement,and provisions related to re- Genera! Order 159 seller cellular switches in order to increase competition among cellular providers. The primary state regulation governing cellular providers is Recent Developments General Order 159(GO 159),which was approved by the CPUC in 1990.The purpose of GO 159 is to ensure that In December 1994, the Cellular Telecommunications ■ the potential environmental impacts of all cellular sites Industry Association(CTIA)filed a petition with the FCC are reviewed and considered in a manner consistent to ask for federal preemption of local zoning over cellular with the California Environmental Quality Act; transmission facilities.The CTIA petition argues that the supremacy clause of the 1934 Federal Communications Act ■ affected local citizens, organizations, and jurisdictions authorizes preemption of state and local siting regulations. are given reasonable notice and opportunities for input Legislation is currently pending in both the Senate and into the review process; House that would authorize this preemption,though the provisions in each bill are significantly different. PCS ■ the public health and welfare,and zoning concerns of providers are particularly affected by the bill,as difficulties local jurisdictions are addressed; in getting their system installed has resulted in a competitive disadvantage with established cellular ■ cellular companies are not unnecessarily delayed by providers. site review. The main requirement imposed on cellular carriers is that rcaoraF.Rq r.k they comply with all local rules and regulations. Under GO 159,cellular communications facilities may not be Waling Paper: Regukrlory Framework Page 2 PACIFIC © BELL Mobile Services WIRELESS COMMUNICATIONS An Information Packet for Local Governments ■ What is Pacific Bell's Proposed Wireless Network? Pacific Bell has recently received approval from the FCC to develop a wireless communications network (i.e. transmitting phone messages by beaming signals through the air without using phone wiring) in California. This mobile service, called "Personal Communication Services," or PCs, is basically an expanded, more advanced and more cost-effective network than current cellular systems. ■ What are the major service features of PCS? Like cellular, the PCS system uses wireless access and is designed with mobility needs in mind. PCS enhancements include: • Personal Mobility: PCS eventually may allow users to have a single phone number that seamlessly "follows" them around. Calls placed to users' personal numbers will always find their way to them, whether they're at home, at work or on the road. The lightweight devices also integrate voice and information services such as e-mail, fax, and messaging to support full mobility of home and office. Eventually,PCS will be able to transmit video images over the airwaves from one location to another. • Affordability: PCS is designed as an entry level service aimed at mass market and small business customers. One advantage of adding new wireless licenses in the region, such as PCS, is that the increased competition among providers will benefit consumers by lowering prices and offering better service. • Security: PCS has security features built into the systems that protect privacy and prevent fraud. • Smaller Cell Sizes: Allow for a greater customer carrying capacity. • Digital Technologies: Provide improved system audible quality. ■ How Does the PCS System Work? PCS, like cellular systems, will employ transmission stations that cant' and hand off phone signals as the caller moves from one area to another. As the caller moves from one cell area(the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell station fade while those to and from the next cell station strengthen. Computer systems sense these changes and then "hand" the call off to an available channel in the cell area where the caller is entering. PACIFIC © BELL Mobile Services PCS will differ from cellular systems in that they will utilize very small, less expensive transmitters. Because PCS transmission towers are more closely spaced the phones will not require as much battery power; that means they can be smaller and lighter than existing cellular equipment. ■ What do cell sites consist of? A PCS cell site consists of electronics called a base station and an antenna. The base station (also called a base transceiver station,or BTS)equipment is housed in a cabinet about the size of a refrigerator. Inside the cabinet are the receivers and transmitters for the cell site as well as control cards, climate control and battery backup. The BTS can be located separately (but relatively proximate to) the antenna,which can easily and aesthetically be mounted on an existing structure or exist as a separate stand-alone unit. ■ How are cell sites located? Pacific Bell Mobile Services technicians have been working to identify a cell site location network throughout southern California. The network is locationally dependent, meaning that the location of each potential cell site is dependent on determined locations for other cell sites.Relocating a single cell site may require an assessment and possible relocation of other sites if the frequency/transmission patterns are negatively impacted. ■ What will the cell sites look like? Pacific Bell Mobile Services staff is working with property owners of specific sites within the search rings to develop lease agreements that would allow placement of BTS facilities on site. Meetings will then be held with planning staff from the local jurisdiction to initiate the entitlement process to secure whatever permits are needed for each individual site. Special attention is given to ensuring that the BTS facilities are located and constructed in as sensitively and aesthetically a manner as possible. wresorNFarxT.weo PACIFIC © BELL Mobile Services WIRELESS COMMUNICATION The Evolution of Wireless Communication oday's rapidly growing wireless communications which quickly spread to 25 cities. ITS consisted of a industry.had its genesis in the need to increase single, high power transmitter with a service area public safety. In the 1920's, police departments covering a 50 mile radius. in Detroit,Michigan and Tayonne,New Jersey,and the Connecticut State Police were among the first who Cellular Technology Evolves sought to use in their patrol cars the technology that had improved the safety of ocean-going vessels' - In an effort to use the airwaves more efficiently,AT&T radio/telephone service. engineers decided to stretch the limited number of radio frequencies available for mobile services by But the technology to enable mobile communications scattering multiple low-power transmitters throughout services for public safety agencies was not yet available. a metropolitan area, and "handing off' calls from Early radio/telephone systems could be housed on ships transmitter to transmitter as customers moved around with reasonable ease, but were too large and unwieldy in their vehicles. This new technique would allow for cars. Bumpy streets, tall buildings and uneven more customers access to the system simultaneously, landscapes prevented successful transmission of the and when more capacity was needed,the area served by radio/telephone signals on land. each transmitter could be divided again. This was the birth of cellular technology. Improving Transmission Quality The service was ahead of its time. It took twenty years The technological breakthrough came in 1935, when to develop sophisticated call "hand-off' technology— Edwin Howard Armstrong unveiled his invention, handing off a call from cell to cell as the user drove Frequency Modulation (FM), to improve radio along—and for the FCC to give tentative approval for broadcasting. This technology reduced the required cellular service to proceed. By the early 1970's, the bulk of radio equipment and improved transmission technological pieces of the cellular puzzle had fallen quality. I into place. In 1973, Motorola introduced its revolutionary new DynaTac mobile phone, a The United States involvement in World War II created conveniently sized radio telephone set. In 1977, the an urgent need for FM technology to take the place of FCC authorized two experimental licenses—to AT&T Amplitude Modulations (ANI) technology for higher in Chicago, and to Motorola and American Radio quality, two -way mobile radio communications on the Telephone Service, Inc. in the Baltimore/Washington, battlefield. The strategic value of wireless D.C. corridor. communications on the battlefield spurred companies like Motorola, AT&T and General Electric to focus on Licensing Process Initiated refining *mobile and portable communications. Motorola's FM Handier Talkie and Walkie Talkie As these systems were put into place,the FCC began to figured prominently among the products developed consider granting commercial licenses to provide during the war and carried over into peace time use. cellular service. AT&T championed a single wireline market, while non-wireline companies argued for a Exploring the Commercial Potential i competitive marketplace. Like Motorola and others in the communications In May 1981. the FCC announced that there would be business. AT&T recognized the commercial potential two licensees in each market--a non wireline company for car-based and portable communications. By 1946, (the so-called "A" side carrier)and a wireline company AT&T had created "Improved Mobile Telephone (the "B" side carrier). Two licenses would serve each Service"(ITS), the first mobile radio system to connect of the 308 urban areas deemed metropolitan Statistical with the public telephone network. The company areas (NL ISA's)and each of the 428 Rural Service Areas received approval from the Federal Communications (RSA's). LNISA's covered 75 percent of the population Commission (FCC) to operate the first commercial and 20 percent of the land mass, while RSA's covered public radio/telephone in St. Louis, Missouri, ITS, A Historical Perspective on the Evolution o/Wireless Communication Page 1 PACIFIC © BELL Mobile Services 25 percent of the population and 80 percent of the land The initial auction of broadband PCS licenses mass. commenced on December 5, 1994 and ran through March 13, 1995. It awarded 99 licenses in total and By the time the first commercial license was granted— garnered $7.7 billion in revenue for the United States to AT&T in Chicago on October 6, 1983—the FCC Treasury. This auction covered the 30 Mhz MTA realized that"competitive hearings" were too slow, and licenses(A and B blocks). The licenses were granted a new licensing process was needed to be found. It was to the auction winners on June 23, 1995 and the taking ten to eighteen months of deliberations and more recipients made their final payments to the FCC on than $1 million in costs to award a single license. June 30. The new licensees will have until June 23, 2000 to meet the first construction hurdle,one-third of The Lottery Approach the population in its license territory. On October 18, 1983, the FCC announced in all markets Additional auctions have been held by the FCC for below the top thirty systems. The Commission then other radio-based services, and more auctions will be spent the next six years fine tuning the lottery process, conducted to award broadband PCS licenses,e.g., for and by 1984, at least one city, Washing ton, DC—had small businesses and for the 10 Mhz licenses. two competing cellular proJiders. By 1990, construction permits had been issued for at least one Market Potential system in every market in the United States. And by the end of 1990, long before most systems had come Subscribership broke the 10 million mark on November on-line, the cellular subscribers topped five million. 23, 1992, and on February 22, 1995, the industry announced its 25th millionth subscriber. Competitive Bidding By 1999, there will be over 122 million cellular In August 1993, Congress authorized the FCC to subscribers in over 125 countries throughout the world. disseminate radio spectrum by using competitive North America's share of cellular subscribers will bidding or auctions. This was a marked departure from decrease to 33 percent while the Asia-Pacific region earlier procedures which employed either comparative will replace Western Europe as the second largest hearings or lotteries to place licenses into the hands of regional market with 31 percent of total world the public. This change in public policy to some of the subscribers. There will be approximately 45.9 million largest auctions in business history; certainly digital cellular subscribers, representing 27 percent of unprecedented in telecommunications. the world cellular subscribers. While the FCC adopted auctions, it had to determine the market structure for the new broadband PCS industry. It chose to offer six licenses in total: three at 30 Mhz and three-at 10 MHZ,two of the licenses covered MTAs and four RSAs. Finally, the Commission designated 20 Mhz for unlicensed services. I Most of the information in this article is condensed from Bringing information to People: Celebrating Wireless Decade.Published by CTtA. 1993. Malarkey-Taylor Associates,Inc.Economic and.Management Consultants International.Inc.(MTA'EMCI).World Cellular Markets: 1994. P^PcaaMP•wsro.WPD A Historical Persoective on the Evolution of Wireless Communication. Pace 2 PACIFIC © BELL Mobile Services WIRELESS COMMUNICATION Technical Background Wireless communication provides an alternative to traditional ground-wired telephone service. There are three types of wireless communications: cellular; enhanced specialized mobile radio (ESMR); and personal communications services (PCS). Once in place, PCS will greatly expand the types of services provided by wireless communications. Introduction Wireless Technology Wireless communications are transmitted through the air Wireless communication is accomplished by linking a by radio frequencies.The two oldest forms are cellular wireless network of radio wave transmitting devices such and enhanced specialized mobile radio(ESNIR),both of as portable and car phones.to the conventional telephone which are transmitted by radio waves.The newest fort of system through a series of short-range,contiguous cells. wireless communications,personal communications Similar to a honeycomb pattern,a cellular system is services(PCS), is transmitted by radio waves at composed of many neighboring and interconnecting"cell microwave frequencies. sites,"or geographical areas. Each cell site within the system contains transmitting and receiving antennas.As a ■ Cellular—In 1974,the Federal Communications customer enters one cell and exits another,the call is Commission(FCC) eliminated several LRiF transferred between the cells by a computer called the television band channels to make room for cellular Mobile Telephone Switching Office(MTSO). telecommunications technology. This technology was first marketed in the form of car phones;cellular Calls can originate or be received from a wireless source technology made it possible for a caller to travel because antennas share a fixed number of frequencies while communicating with someone at a conventional across the cellular grid. That is. while a caller may dial telephone or another mobile phone user. her destination number from within the radius of one cell antenna.she may travel into the radius of another during ■ ESVR—Using a technology similar to that of the call. At the same time,the call is handed off from one cellular, enhanced specialized mobile radio(ESMR) antenna to the next. While the caller is moving,the is another form of wireless communications. ESMR cellular antennas are automatically locating an unoccupied specializes in providing services to the mobile work frequency on the next antenna,thus enabling continuous, force.Through units that are larger than existing uninterrupted transmission. celiulix telephones,but smaller than standard radios, services such as paging,dispatching,conference The wireless industry was provided with radio waves at calling,and mobile communications are provided. frequencies between $00 and 900 megahertz(MHz)of the radiowave spectrum. ■ PCS—The next generation of wireless communications is called personal communications Cell Sites services.Consumers of PCS will be offered more affordable services such as voice communication, Cell sites are located throughout the service area to provide paging, facsimile services. E-mail.video adequate call coverage, capacity and quality. There are telecommunications,and cellular digital data three basic types of cell sites: communications(CDPD). Eventually, customers may have one single phone number for many of those ■ Coverage sites serve to expand coverage in large areas services, regardless of location. or in areas with difficult terrains and to enhance coverage for portable systems. Coverage sites allow Because the cellular system is the most "mature" and users to make and maintain calls as they travel between understood,the paper will focus on its technology, cells. building upon it to explain ESMR and PCS technologies. Briefing Paper: rechnieai Background Page 1 PACIFIC © BELL Mobile Services ■ Capacity sites serve to increase the capacity when Analog and Digital Technologies surrounding sites have reached their practical channel limits. Traditionally,wireless phones utilized analog transmission signals. In the analog technology,voice messages are ■ Transition sites are needed for frequency re-rise.Tall electronically replicated and amplified as they are carried monopoles;ometimes create a problem in frequency from the transmitting antenna to the receiving antenna.A reuse because they"see"everything. In order to control problem,however, is that the amplification procedure tends frequency reuse problems,these tall facilities must be to pick up "noise,"sometimes making the message difficult removed and replaced temporarily by transition sites. to hear. In order to diminish this noise,the cellular industry Transition sites allow the cellular company to increase is beginning to use digital transmission signals. This digital capacity and maintain coverage simultaneously. conversion will also help create a higher level of privacy on wireless systems. Antennas and Towers There are two forms of digital technology: time division Cell sites consist of antennas and electronic switching multiple access(TDMA)and code division multiple access equipment which are connected to other sites and the (CDMA). Both of these forms of digital technology attempt MTSO. Three main types of antennas are used: to render multiple access over one frequency,or channel. TDMA is expected to increase frequency re-use three to ■ Omnidirectional antennas,also called whip antennas, ten-fold over analog technology; CDMA is expected to serve a 360-degree area. These are typically up to 16' increase frequency re-use twenty-fold. Because CDMA is in length and approximately 2" in diameter. in earlier developmental stages than TDMA and will require a complete change of equipment and techniques o Directional antennas,also known as panel or used, it is expected to be the most expensive;"GSM,"or rectangular antennas,are used to achieve transmission Global System for Mobile Communications, is a form of or reception in a specified direction. The panels TDMA already in widespread use to countries in Europe typically range from I'x I'x0.5;to l'x4'x0.5' in size. and Asia. PBMS has chosen GSM as its technology platform. ■ Microwave antennas are used to link different types of telecommunications facilities, such as a portable phone Whereas cellular carriers are in the process of converting to to a conventional telephone. The dishes generally the digital technology, ESMR already uses it and PCS is range from 2'to 4' in diameter.with some as large as 6' being developed to run on digital technology. in diameter. ESMR Technology In order to have a clear line-of--site, antennas must be mounted high enough to overcome challenges posed by Both cellular communications and ESMR function in the local topography and development. The required height is 800 frequencies of the electromagnetic spectrum,,and thus usually proportional to a combination of the distance operate in technically similar manner. Nextel a national antennas can cover and the demand for cellular service service provider is now calling its technology"iDEN," within their radius. Antennas can be mounted on free- integrated Digital Enhanced Network. standing cellular towers(monopoles),guyed towers and lattice,or 'self-support towers. Antennas can also be placed Nextel's integrated unit is a handset that includes a mobile on rooftops and other building features if the building's telephone,a dispatch radio,an alphanumeric pager,and a height can accommodate a service area. voice mail system. These services can be tailored to the customer's needs. Because its dispatch services can Power additionally be used as a private intercom,the MEN technology is well-suited for the mobile work force and for Typical wireless telephones function on no more than 0.6 companies with vehicles in different locations. watts of power—less than the power needed to operate the light bulb of a flashlight. Since cellular phones transmit The iDEN technology has a 6:1 ratio of voice channels to signals to cellular cowers, more energy is needed when the cellular, thus requiring fewer antenna sites than the cellular customer is at greater distances from the tower. For industry. instance, if the caller is far from the tower, the telephone may use its maximum 0.6 watts of power to relay the PCS Technology signal. However, if the caller is close to the tower, the telephone may utilize merely 0.2 watts of power. PCS is basically an expanded, more advanced and cost- effective network than the current cellular and ESMR Brleling Paper: Technical Background Page 2 PACIFIC © BELL Mobile Services systems.Like cellular,the PCS system uses wireless access modem. The PCS system also has short message services and is designed with mobility needs in mind. which allow the user to receive and send short messages to/from the mobile phone. Unlike the conventional_paging As with cellular systems.PCS will employ transmission system, if the user's phone is not turned on.the message stations that carry and hand-off phone signals as the caller will be saved and sent when the user is ready. moves from one area to another. The PCS systems will work at the 1900Mhz frequencies and will incorporate all The PCS system allows the user to define when and where the services—and more—available from the current cellular they want to make or receive calls. The PCS system user systems. Like the ESMR systems,the PCS system is a can be assigned a single number and through a follow me digital technology with an &:1 ratio of voice channel to calling technique,the system will route the call to the user cellular. This allows for greater system capacity—far wherever they are. beyond that of cellular. In summary,the PCS system incorporates all the PCS digital technology,a GSM based technology,uses technological advances made by the cellular and ESMR highly encrypted signaling making eavesdropping on a call systems to provide a single platform for mobility. nearly impossible. The encryption and encoding algorithms are highly advanced requiring a would be eavesdropper to listen to the signal for days before they could decode it(unlike cellular where it takes rderely minutes). A key advantage of the PCS technology is the advanced features. In a cellular system a highly mobile user would require a cellular phone,pager,and cellular modem. The PCS technology incorporates all those devices into one—the phone. A PCS phone acts as pager, cellular phone, and r,resorror-TEMWPD &!sling Paper: Technkml Background Page 3 PACIFIC © BELL Mobile Services WIRELESS COMMUNICATIONS A Fact Sheet About PCS Antenna Safety ■ PCS antennas do not expose people to harmful levels of energy when they are placed in a manner to keep public exposure below the recognized safety standards, as Pacific Bell Mobile Services'antennas are. ■ The microwaves such as those used in PCS transmissions—like those of TV,radio,microwave ovens and even visible light—are forms of "non-ionizing" radiation. This non-ionizing radiation should not be confused with "ionizing" radiation, such as occurs with X-rays or gamma rays used in medicine,which has billions of times more energy. While increased exposure to ionizing radiation may increase one's risk of cancer, there is no scientific evidence that exposure to non-ionizing radiation increases the risk of cancer. ■ It is important to recognize the distinction between the electromagnetic fields surrounding power transmission lines and those surrounding PCS systems. Both are forms of non-ionizing energy; but power lines are surrounded by extremely low frequency fields, and have different properties potential biological effects than the higher frequency PCS fields. ■ The intensity of the electromagnetic field around a PCS antenna decreases very rapidly as one moves away from the source,just as the heat from the flame of a candle drops quickly as you move your hand away from it. As you double the distance from the source, your exposure is one-quarter of what it was. For example, if your exposure from a PCS source at 100 feet was X, your exposure at 200 feet would be 1/4 X ■ Exposure to electromagnetic radiation(EMR) from PCS antennas is typically only a fraction of what it is from other common sources of similar radiation, such as CB or public safety mobile radio antennas. Exposure from these other common sources is typically below established safety standards—recognized by the Federal Communications Commission(FCC)—and is generally considered safe. ■ It is important to realize that the exposure standards are 50 times below a level that most scientists believe could pose a health risk. Most public exposure to PCS facilities typically would be at about 1/1200 of the standard, so brief exposures to levels of EMR above the standard would not pose a health hazard. P:`PC8-021f=-PCS.Sht SeoNembor 21. 1995 page 1 PACIFIC © BELL Mobile Services WIRELESS COMMUNICATION Safety Issues The widespread use of wireless communications has prompted questions of potential health effects associated with electromagnetic radiation. Research conducted to date has not found adverse health effects when systems are designed within guidelines prepared by regulatory and industry standards bodies. Background PCS Radiation The safety of exposure to PCS and similar frequency fields PCS facilities do not emit x-rays.X-rays and gamma rays has been evaluated by a number of professional scientific like those used in medical diagnosis and therapy have organizations and governmental agencies in the United billions(i.e.,more than 1,000 million or 1,000,000,000)of States and around the world.The two most widely times more energy than the microwaves utilized in PCS recognized standards for protection against radio-frequency telecommunications.X-rays and gamma rays are called and microwave field exposure are those published by the "ionizing radiation"because their high energies are American National Standards Institute(ANSI)C95.1 and sufficient to strip electrons from(i.e. "ionize")atoms or the National Council on Radiation Protection and molecules. Ionization has been established as a cancer risk Measurement(NCRP)report#86. factor. The more ionizing radiation one is exposed to the greater the risk of developing cancer. The NCRP is a private, congressionally chartered institution with the charge to provide expert analysis of a PCS systems emit radio-waves in the microwave band variety of issues(especially health and safety which are a form of non-ionizing radiation.Radiation recommendations)on radiation of all forms.The scientific simply means the passage of energy through space. analyses of the NCRP are held in high esteem in the Microwaves are called"non-ionizing" radiation because scientific and regulatory community both nationally and their energy is billions of times less than the amount internationally. In fact,the vast majority of the radiological required to strip electrons from atoms or molecules. health regulations currently in existence can trace their Radio-waves,microwaves, visible light, infrared radiation, origin in some way to the recommendations of the NCRP. and other similar forms of radiation are also referred to as non-ionizing electromagnetic radiation.These are all forms After several vears of evaluating the national and of radiant energy that contains both electric and magnetic international scientific and biomedical literature(including components. Electromagnetic energy travels or"mediates" those of the Soviet Union and other eastern bloc countries), away from its source in waves like the ripples which form the members of the NCRP scientific committee selected when a small pebble is thrown into a still pond.PCS 931 publications in the scientific literature on which to base radio-waves are produced in a frequency band between their recommendations.The traditional NCRP philosophy 1.85-2?GHz(gigahertz or billion cycles per second). of providing a higher standard of protection for members of Frequency refers to the number of waves passing a given the general population than for occupationally exposed point,during a given time. Visible light,a higher energy individuals prompted a second tier in their exposure form of non-ionizing electromagnetic radiation exists standard by which levels of allowable exposure were within a frequency band between 100,000 and 1,000,000 substantially reduced for"uncontrolled and continuous GHz and has more than 50.000 times more energy than the exposed individuals. This measure was taken to account microwaves used in PCS telecommunications. for the fact that workers in an industrial environment are typically exposed no more than eight hours a day while Thus the electromagnetic spectrum is composed of members of the general population in proximity to a source non-ionizing radiations at lower frequencies and energy and of radio frequency/microwave(RF.'MW)energy may be ionizing radiation at higher frequencies and energy. All of exposed continuously. This additional protection factor also the electromagnetic radiation(EMR)below the far provides a greater margin of safety for children, the infirm, ultraviolet, including visible light, PCS microwaves,and aged, or others who might be more sensitive to RF/MW radio-waves are types of non-ionizing radiation. exposure. Options Paper: Safety Issues lie f PACIFIC © BELL Mobile Services It should be noted that PCs sites are located on monopoles 1AW/em2)which represents a"safety margin"of or on the sides of buildings. The PCS signal is designed to approximately three hundred million(-300,000,000)! be broadcast towards the horizon with a fairly well focused pattern that has She result of producing a very weak signal strength directly below the PCS antenna compared to Comparison with Other Sources of distances further away. This design is typical of PCS Radiation antenna which want the signal to reach their customers at some distance from the source. Common sources of EMR exposure include microwave ovens;commercial radio and television broadcasts; PCS radios are, by design and operation,low-power amateur,policelfire and CB radios;and others.The table devices. Even under maximal exposure conditions in which below shows the exposure levels associated with some all channels are operating at full power(a rare circumstance common forms,of radiowave and microwave technology. during routine operation),public exposures from a PCS As can be seen,exposure from PCS facilities are typically facility will typically be less than I µW/cm=.This exposure only a fraction of the exposures from other commonly is more than 1,200 times lower than the current ANSI or encountered sources. NCRP public exposure standard. The current ANSI and NCRP maximum allowable Exposure Levels from Common Forms exposures are not set at a threshold between safety and of Radio Wave and Microwave Technology known hazard but rather at 50 times below a level that the Facility microW/cm2 majority of the scientific community believes may pose a Near Sheriff's Mobile Radio —250 health risk to human populations. Thus the previously Near Large FM Radio Tower —100 mentioned maximum public exposure from a typical PCS site(—I µW/cm�represents a"safety margin"from this Near CB Mobile Radio —30 threshold of potentially adverse health effects of more than In Room with Microwave Oven —20 60,000 times.The average exposures in the neighborhood Typical Public Exposure Near PCs Site <1 served by a PCS facility is typically less than 0.0 1 P.,PCB.oY,O P-SAFET.W PD Options Paper: Safety Issues Page 2 PACIFIC © BELL Mobile Services WIRELESS COMMUNICATION TECHNOLOGY Questions and Answers About PCS Antenna Safety ■ What do Personal Communication Systems (PCS) sites emit? PCS systems emit radio waves in the microwave band which are a form of non-ionizing radiation. "Radiation" simply means the passage of energy through space. Microwaves, such as used in PCS, are called "non-ionizing" radiation because their energy is billions of times less than the amount required to strip electrons from atoms or molecules. Television broadcasts, radio waves, microwaves, PCs, visible light, infrared radiation, and other similar forms of radiation are also referred to as non-ionizing electromagnetic radiation. These are all forms of radiant energy that contain both electric and magnetic components. Electromagnetic energy travels or"radiates" away from its source in waves like the ripples which form when a small pebble is thrown into a still pond. PCS radio waves are produced in a frequency band between 1.85 - 1.98 GHz(gigahertz or billion cycles per second). Frequency refers to the number of waves passing a given point during a given time. PCS facilities do not emit x-rays. X-rays and gamma rays like those used in medical diagnosis and therapy have billions (i.e., more than 1,000 million or 1,000,000,000) of tunes more energy than the microwaves utilized in PCS telecommunications. X-rays and gamma rays are called"ionizing radiation"because their high energies are sufficient to strip electrons from(i.e., "ionize' atoms or molecules. Ionization has been established as a cancer risk factor. The more ionizing radiation one is exposed to the greater their risk of developing cancer. Thus the electromagnetic spectrum is composed of non-ionizing radiation at lower frequencies and lower energy and ionizing radiation at higher frequencies and higher energy. All of the electromagnetic radiation (EMR)below the far ultraviolet, including visible light,PCS microwaves,and radio waves are types of non- ionizing radiation. As explained below, PCS facilities are safe and meet or exceed all professionally recognized U.S. safety standards. ■ Are exposures highest immediately adjacent to the PCS site? No. Most PCS antennas are located on monopoles or on the sides of buildings. The PCS signal is designed to be broadcast towards the horizon with a fairly well focused pattern that has the result of producing a very weak signal directly below the PCS antenna compared to distances flusher away. This design is typical of PCS antennas which want the signal to reach their customers at some distance from the source. PACIFIC © BELL Mobile Services ■ How does the intensity of the exposure change as you move away from the PCS site? Like all forms of electromagnetic energy the intensity if the field decreases very rapidly as you move away from the source. In general, the decrease in inversely proportional to the square of the increase distance. This is the consequence of the fact that the surface area of a sphere increases as the square of the radius. Thus if one doubles their distance from the source, the exposure decreases by (1/2)'or 1/4. If one moves four times as far from the source their exposure will decrease by (1/4)2 or 1/16. For example, if the exposure from an PCS source at 100 feet was 10 micro-watts per square centimeter (microW/cm=) the exposure at 1,000 feet would be (1/10)Z or 1/100 x 10 microW/cm2 =0.1 microW/cm2 (i.e.,a decrease in intensity of 100 times for an increase in distance of 10 times). This relationship holds for perfectly uniform sources, and while the PCS fields are more complex, this relationship will still serve as a good first approximation. A good analogy to this"inverse square law"is the rapid change in temperature you feel as you move your hand closer to or further away from the flame of a candle. There is a zone near the flame where you can comfortably feel the heat, however if you move your hand a little closer to the flame it rapidly becomes too hot and as you move your hand away from the flame the temperature drops rapidly until you can no longer perceive the heat from the candle. The rapid change in temperature with distance is the effect of infrared electromagnetic energy which is felt as heat and behaves the same way as all other forms of electromagnetic energy including PCS transmissions. ■ How do exposures from PCS facilities compare with other common sources of similar forms of electromagnetic enerV? Common sources of E*v1R exposure include microwaves ovens.commercial radio and television broadcasts, amateur, police/fire and CB radios, and others. Table 1 shows the exposure levels associated with some common forms of radio wave and microwave technology. As can be seen, exposure from a PCS facilities are typically only a fraction of the exposures from other commonly encountered sources. Exposures from these common sources are below established safety standards and are generally recognized as safe. In so far as public exposures from PCS system are typically less than the other exposures listed in this table and always meet all existing safety standards, it is reasonable to conclude that they are also safe. Table 1: Exposure Levels from Common Forms of Radio Wave and Microwave Technology Facility microW/cm' Near Sheriffs Mobile Radio —250 Near Large FNI Radio Tower —100 Near CB Mobile Radio —30 In Room with Microwave Oven —20 Typical Public Exposure Near PCS Site <l PACIFIC © BELL Mobile Services ■ Who has evaluated the safety of public exposure to PCS frequency electromagnetic energy? The safety of exposure to PCS and similar frequency fields has been evaluated by a number of professional scientific organizations and governmental agencies in the United States and around the world. The two most widely recognized standards for protection against radiofrequency (RF)and microwave(MW) field exposure are those published by the American National Standards Institute (ANSI) in their report entitled "Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz. Report No. IEEE/ANSI C95.1-1992 and the National Council on Radiation Protection and Measurement(NCRP) in their report authored by Scientific Committee 53 entitled"Exposure Criteria for Radiofrequency Electromagnetic Fields,NCRP Report No. 86. ■ What is the National Council on Radiation Protection and Measurement(NCRP)? The NCRP is private, Congressionally charted institution with the charge to provide expert analysis of a variety of issues (especially health and safety recommendations) on radiations of all forms. The scientific analyses of the NCRP are held in high esteem in the scientific and regulatory community both nationally and internationally. In fact, the vast majority of the radiological health regulations currently in existence can trace their origin in some way to the recommendations of the NCRP. A total of 16 physical, biological, and medical scientists.participated in the deliberations of Scientific Committee 53 (SC-53) in the preparation of the criteria document for limiting exposure to RF radiations. Three were physical scientists, nine were biological scientists, three were MDs, and one was a veterinary physician (D.V.M.). All 16 scientists were employed in academe or by federal agencies engaged in research or in regulation of RF/TvIW radiation. Although the NCRP selects the membership of its scientific committees on the bases of expertise as scientists, diversity of specialization and discipline, and balance of viewpoints, it requires them to reach a unanimous consensus on exposure criteria and limits before a document is releases for publication. ■ Whdt did the NCRP consider in setting their radio and microwave frequency (RF/MR9 public exposure safety standard? After several years of evaluating the national and international scientific and biomedical literatures (including those of the Soviet Union and other esteem bloc countries), the members of the NCRP scientific committee selected 931 publications in the scientific literature on which to base their recommendations. The traditional NCRP philosophy of providing a higher standard of protection for members of the general population than for occupationally exposed individuals prompted a second tier in their exposure standard by which levels of allowable exposure were substantially reduced for "uncontrolled and continuous exposures." This measure was taken to account for the fact that workers in an industrial environment are typically exposed no more than eight hours a day while members of the general population in proximity to a source of RF/MW energy may be exposed continuously. This additional protection factor also provides a greater margin of safety for children, the infitmed, aged. or others who might be more sensitive to RF/MW exposure. PACIFIC © BELL Mobile Services ■ What is the current continuous whole body public exposure safety standard set by the NCRP? The current NCRP recommendation for public exposure at the most restrictive PCS frequency (e.g., 1.85 GHz) limits exposure to 1,233 microW/cm'- for continuous exposure. Higher exposure are allowed for shorter periods of time provided that no 30 minute time-weighted average exceeds 1,233 microW/cm=. Public exposure from PCS facilities are typically less that 1 microW/cm' and thus are far below the continuous whole body public exposure limit set by NCRP. ■ Does the FCC require the telecommunications industry to limit exposure to the public to a certain level? If so, what is the maximum permissible continuous whole body public exposure standard for exposures from PCS telecommunications? Yes. The 1992 ANSI standard was adopted by the Federal Communications Commission (FCC) in order to address its responsibilities under the National Environmental Policy Act (NEPA) to consider whether its actions will "significantly affect the quality of the human environment" In so far as there was no official standard issued by a federal agency such as the Environmental Protection Agency (EPA) the FCC used what it considered to be the best available standard at the time. The 1992 ANSI standard was chosen because it was widely accepted and technically supportable. This standard is identical to the NCRP standard for the PCS telecommunication facilities and thus would allow continuous public exposure at their most restrictive frequency (i.e., 1.85 GHz)below an intensity of 1,233 microW/cm=. Higher exposures are allowed for brief periods provided that no 30 minute time weighted average exposure exceeds 1,233 microW/cm'-. Public exposures from PCS system are typically less than 1 microW/cm- and thus far below the allowed exposure standards utilized by the FCC. ■ Does the new ANSI,standard consider non-thermal(athermal) and cumulative effects of non-ionizing radiation exposure? Yes, the current ANSI standard considered both the potential impact of athermal and cumulative effects. To quote from the 1992 ANSI standard"...No reliable scientific data exist indicating that...damage from exposure to electromagnetic fields is cumulative, or Non-thermal (athermal) (other than shock) or modulation-specific sequelae of exposure may be meaningfully related to human health" (page 23, 1992 ANSI standard). The supposition that there will be adverse biological effects from low level RF exposure as the result of cumulative effects is not supported by the current scientific literature or the vast majority of scientific opinion and thus as such is considered by the scientific community as highly speculative. ■ If a person's exposure erceeded the NCRP or ANSI standard, what effect would that have on their body or their health? It is important to realize that the current ANSI and NCRP maximum allowable exposures are not set at a threshold between safety and known hazard but rather at 50 times below a level that the majority of the scientific community believes may pose a health risk to human populations. Thus continuous public exposures as much as 61,650 microW/cm= (i.e. 50 x 1,233 microW/cm) are below the minimum level that PACIFIC © BELL Mobile Services may pose a health risk. The standards also allow for exposures to higher levels for brief periods of time provided that no 30 minute time weighted average exceeds 1,233 microW/cmZ. Thus it would be safe for a member of the public to be exposed to 2,000 microW/cm'-for 10 minutes as long as the exposure during the other 20 minutes was less than 850 microW/cmZ. Considering the most public exposures from PCS facilities ale less than 1 microW/cm', one can appreciate that brief exposures to much higher levels will not pose a health hazard. ■ What is the difference between PCSfrequency exposures and the controversy that exists about exposures to magnetic fields from power transmission and distribution lines? Recently there has been a lot of media attention on the possible biological effects of various types of non- ionizing radiation. It is important to recognize that the physical properties of and biological responses to extremely low frequency (ELF) fields that come from power transmission and distribution lines (also referred to as 60-Hz fields) differ markedly from those of the higher PCS frequency fields. As the frequency of an electromagnetic wave increases, its wavelength decreases. At 1.85 GHz, for example, the wavelength of this PCS frequency is approximately 16 centimeters (approximately 6 inches). A 60-Hz field, in contrast, has a wavelength in excess of 3,000 miles. The"shortwaves"of the very high frequency (VHF) band (30v00 MHZ) are maximally absorbed because the wavelengths are closest to the physical lengths of human beings. The absorption of energy by people at PCS frequencies is substantially less than in the VHF band that commonly utilized for television broadcasts. The biological effects data base developed to answer questions about the effects of power line frequency electric and magnetic fields cannot be used to predict the biological effect of PCS frequencies. To do so would be to compare "apples to oranges". For example, it would be no more appropriate to compare the biological effects of power line frequency electric and magnetic fields to PCS frequency exposure that it would be to compare the biological effects literature on radiofrequency exposure to that visible light. While they are all forms of non-ionizing electromagnetic energy, their properties and potential biological effects are quite different. Comparisons between PCS, radio, microwave, television and similar broadcast bands is reasonable because they occupy the same general region of the electromagnetic spectrum and have similar energy, frequency and associated biological effects. ■ Can you summarize the safety considerations associated with PCS telecommunications? PCS radio transmitters, by design and operation, are low-power devices. Even under maximal exposure conditions in which all the channels are operating at full power (a rare circumstance during routine operation), public exposures from a PCS facility will typically be less than—1 microW/cm=. This exposure is more than 1200 times lower than the current ANSI or NCRP public exposure standards. Remember that the current ANSI and NCRP maximum allowable public exposures are not set at a threshold between safety and known hazard but rather at 50 times below a level that the majority of the scientific community believes may pose a health risk to human populatioiv7. Thus the previously mentioned maximum public exposure from a typical PCS site(-1 microW/cm) K;presents a"safety margin" from this threshold of potentially adverse health effects of more than 60,000 runes. The average exposures in the PACIFIC© BELL Mobile Services neighborhood served by a PCS facility is typically less that 0.01 microW/cm' which represents a"safety margin" of approximately three hundred million (300,000,000 times)! ■ Are there health risks associated with exposure to PCS broadcast facilities? No,provided the separation distances mentioned above are maintained thus keeping public exposures below the safety standards. Even if exposures exceed the standard,remember that the standards are set a level 50 times below that believed to be a health risk. P.%PC501,QRASMT.WPD PACIFIC © BELL Mobile Services WIRELESS COMMUNICATION Definitions ANSI—American National Standards Institute Amateur Station— A radio station authorized by the FCC and operated pursuant to Part 97 of its rules. Antenna — A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures. Antenna Array—A group of antenna elements on the same geometric plane. Antenna,Commercial—An antenna in.any zoning district used in conjunction with a business, commercial enterprise,trade,calling, vocation,profession,occupation or means of livelihood,whether or not carried on for gain or profit, including, but not limited to public utilities, wireless telephone communications or privately-owned or publicly supported Aiv1 or FM radio stations not otherwise exempt from the provisions of the Zoning Ordinance, -cable television operations or television broadcast stations, but excluding FCC licensed amateur radio stations and standard television receive only (TYRO) nonparabolic antennas. Antenna, Concealed — Also called disguised, camouflaged, "stealth" antennas, etc. These antennas are blended into the environment so as not to be seen or recognized. They include architecturally screened roof-mounted antenna, facade-mounted antenna as 7 design features. "tree" poles which may appear to be palms or pines, clock towers, entry statement signage, and other types of concealment. Antenna, Directional Flat—Rectangular panels that typically don't exceed six square feet (6sf) [.5m2] with a maximum six feet'(6') [2m] in length and two feet (T) [.5m] in width, and are typically, but not always, mounted to a triangular support structure atop a wood pole or steel monopole. Typically, fifteen (15) panel antennas are required for each cellular facility. They can be exposed or concealed behind a radome cover. Antenna, Dish—(See Antenna, Parabolic) Antenna Element— Individual components of an individual antenna. Antenna, Groundmounted Parabolic — A parabolic antenna, the weight of which is fully or partially supported by an approved platform, framework, pole. or other structural system, which system is affixed or placed directly on or in the ground. Antenna Height—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. The vertical distance between the PACIFIC © BELL Mobile Services highest point of a parabolic antenna when actuated to its most vertical position and the grade below, for a groundmounted parabolic antenna, and to the roof below for a rooftop parabolic antenna. Antenna, Microwave Relay Parabolic—A transmitting and receiving antenna, typically parabolic,disc or double convex shaped with an active element external to the disc. that communicates by line of sight with another similar antenna or a geosynchronous orbiting satellite. Antenna, Noncommercial —A television receive only (TYRO) parabolic or nonparabolic antenna in any district. Antenna, Non-Roof-Mounted— r ) (see Antenna Structure, Freestanding) Antenna, Nonparabolic — An individual array or group or arrays used to transmit and/or receive electromagnetic signals, including, but not limited to radio waves related to amateur radio stations licensed by the Federal Communications Commission (FCC) and microwaves related to wireless telephone communications. Antenna, Omnidirectional—Cylindrical shaped antenna which transmits and receives in 360 degrees. This antenna typically does not exceed three and one-half inches(31/2") [9cm] in diameter and ranges from two feet(T) [.5m] to fifteen feet (IY) [4.5m] in height. Antenna Parabolic—A specialized antenna to transmit or receive signals in the microwave portion of the radio frequency spectrum, including transmissions from satellites. In general, the antenna is a circular curved surface, ranging in diameter from very small ones of approximately one foot to forty feet or more. Some specialized parabolic antennas are shaped like a horn. Because of their shape and function, they are often called "dish" antennas, microwave dishes, and satellite dishes. Antenna, Roof-Mounted —(RMA) (see Co-location) Antenna Satellite Uplink—A commercial parabolic antenna which receives and transmits electromagnetic waves by line of sight with geosynchronous orbiting satellites. Antenna Structure—An antenna array and its associated support structure, such as a mast or tower,but not to include a suspended simple wire antenna, that is used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio waves and microwaves. Antenna Structure, Freestanding— An antenna structure that is not attached to a building, fence or other such structure. Freestanding antenna structures include communications towers, wooden utility poles, standard or decorative concrete and steel monopoles: Antenna, TVRO — A television receive only (TVRO) parabolic or nonparabolic antenna. A standard roof-mounted antenna array and its associated support structure, that is used solely to receive broadcast television signals. PACIFIC © BELL Mobile Services Antenna,Vertical Whip—A pole or single element vertical antenna no more than three inches(3") [7.5cm] in diameter and its associated support structure. Base Station—A fixed station at a specified site authorized to communicate with mobile stations. Broadcasting—Transmission of audio and visual programs intended for public reception. Broadcast Station —A radio station authorized by the FCC and operated pursuant to Part 73 of its rules. California Public Utilities Commission—(CPUC) The CPUC regulates those telecommunications which are also considered public utilities. Where the telecommunications service being provided is a public utility, such as telephone service, including local, long distance or cellular telephone service, then those services fall under CPUC jurisdiction. CB Station —A radio station authorized by the FCC and operated pursuant to Part 95 of its rules. Cellular Radio Station —A radio station authorized by the FCC and operated pursuant to Part 22 (K) of its rules. Cellular Service—Wireless communications service that provides two-way voice and data communications through handheld,portable, and car mounted phones and through wireless modems incorporated into devices such as laptop computers and electronic notebooks. Cellular can offer enhanced features such as voice mail and call waiting. Geographic coverage areas for cellular service are very large, and can cover cities, counties. and entire states. Channel — A segment of a frequency band. Co-location— 1) Multiple antennas attached to an existing or proposed freestanding structure. 2) Roof-mount antenna(RMA) attached to the top of a building other structure. 3) Facade-mount in which the antenna is attached to wall(s) of a building or other structure. 4) Enclosed in which the antenna is entirely contained within a building primarily occupied by another use.Types 2,3,&4 are tenant improvements (TI). Combiner — Radio frequency equipment which permits an antenna and transmission lines to be shared by transmitters or transceivers. It includes combiners for receiving antennas (multicoupier) and for transmission and reception by a single antenna(duplexer). Common Carrier— A public radio service in which a single licensee provides one- or two-way service to multiple users. Communications Facilities —Communications towers, antennas and the necessary appurtenances. Communications Site —The defined area subject to review, under any land use permit application request for communication facilities. PACIFIC © BELL Mobile Services Communications Tower — Any structure which is used to transmit or receive electromagnetic communications signals or which supports such a device. Private radio and TV receiving antennas for residential use are specifically excluded. Data Service—The electronic transfer of data or digital information. Designated Multi-User Site— A radio site that has been designated by the county for use by radio stations. Dipole Antenna —A two conductor antenna intended to receive or transmit radio frequency signals. Duplexers—A special type of combiner that allows a transceiver to use a single antenna for transmitting and receiving. E-mail (Electronic mail)—the electronic transfer and storage of written messages. Earth Station — A telecommunication facility that transmits to and/or receives signals from an orbiting satellite. Effective Radiated or Irradiated power(ERP/EIRP)—The power supplied to an antenna multiplied by the relative gain of the antenna in a given direction. Electromagnetic Fields—(EMFs) Though often referred to.as radiation. EMFs do not actually radiate out from a source. Rather. they are best described as local electric and magnetic fields that envelop the surrounding space. The most ubiquitous source of EbfFs is from the movement and consumption of electric power—transmission lines, household appliances, electronic devices, and lighting. (See Non-ionizing Electromagnetic Radiation.) Enhanced Specialized Mobile Radio (ESMR) — A type of wireless communication that offers two-way voice and data communications through hand-held and car mounted phones and through wireless modems incorporated into devices such as portable computers and electronic notebooks. ESMR is expected to offer many enhanced features such as voice mail and call waiting. Geographic service coverage areas are anticipated to be very large, and may cover cities, counties, and entire states. Federal Aviation Administration — (FAA) The FAA also has a limited role in the regulation of telecommunications tower sites. Their review focuses on the height and location of towers to prevent interference with aircraft operations. Federal Communications Commission —(FCC) FCC regulations supersede some of the authority of local jurisdictions to regulate telecommunications facilities. The FCC has primary regulatory control over telecommunications facilities through its powers to control interstate commerce and specifically-through the Federal Communications Act which established the FCC to provide a comprehensive national system to regulate radio frequency transmissions and related facilities. Imaging—The transmission of still images such as hall, pictures, or slides. PACIFIC © BELL Mobile Services Information Skyway —The informal name for wireless telecommunications including PCS, cellular, and others. The origin of this name is Information Highway which refers to the flow of electronic information. Lattice Antenna Structure—Freestanding or guyed (wire ground connections) steel structure frame. Mobile Data—A PCS that IS expected to provide two-way wireless communication of text, voice messages, and potentially video messages among computers, personal digital assistants, and databases. Mobile data services can be provided by a number of technologies such as cellular, PTS, mobile satellite, and ESMR, as well as networks built exclusively for data PCS applications. Mobile Satellite — A PCS that is anticipated to provide two-way voice and data communications using satellites, hand-held phones, and wireless modems incorporated into devices such as notebook computers. It is expected that Mobile Satellite services will offer enhanced features such as call waiting and voice mail. Geographic service coverage is anticipated to be larger than most PCS-and may even be world-wide. Monopole— A tubular antenna support structure made of metal, reinforced concrete, or wood. Narrowband PCS—Services that are expected to include advanced voice paging,two-way acknowledgement paging, data messaging, and both one-way and two-way messaging and facsimile. Non-ionizing Electromagnetic Radiation (NIER) —Non-ionizing radiation is a form of electromagnetic radiation. It includes ordinary light which we can see, and infrared radiation, which we sense as heat. Another type of non-ionizing radiation which our bodies ordinarily cannot detect is radio frequency (RF) radiation, including radio and TV signals and microwaves. (see Electromagnetic Fields) OSHA— Occupational Safety and Health Administration: Paging— A wireless communication service that provides primarily one way voice and data communications such as a voice or electronic message, or a data transfer, to a pager or a device such as a laptop computer with a built in pager. Geographic service coverage areas for paging are very large with some paging providers offering nation-wide coverage. Personal Communications Services — (PCS) A broad range of telecommunications services that enable people and devices to communicate independent of location. PCS networks and devices operate over a wide range of frequencies assigned and authorized by the Federal Communications Commission (FCC). Personal Communications Station Power— A radio station authorized by the FCC and operated pursuant to Part 34 of its rules. Personal Digital Assistant or Personal Communicator — A hand held device that performs computer functions such as data entry or retrieving information from a database, often along with voice and data communications services. September 20. 1995 PACIFIC © BELL Mobile Services Personal Mobility — A feature that may be offered by some PCS which tracks and routes calls and information to specific people rather than specific locations. Personal Number—A telephone number that is assigned to a person and not a geographic location such as a residence or a business. Power— Output of a transmitter, measured in watts (W). Higher power produces a greater signal strength. Power Density— The magnitude of the electromagnetic energy flux density at a point in space, in power per unit area(watts per square meter). For plane waves,power density is the quantity measured by a survey meter when the sensing element is sensitive to the square to the magnitude of the electric and magnetic fields. Radio — A generic term referring to communication of impulses, sounds, and pictures through space by means of an electromagnetic wave, including but not limited to short-wave, FM, AM, and mobile, common carrier. Low and high power television, and microwave transmissions. Radio Frequency — Electromagnetic radiation in the portion of the spectrum from 10 hertz to infrared frequencies. Radiofrequency Radiation (RF) — Radiofrequency Radiation is one of several types of electromagnetic radiation consisting of waves of electric and magnetic energy moving together through space. These waves are generated by the movement of electrical charges. For example, the movement of charge in a transmitting radio antenna. i.e., the alternating current, creates electromagnetic waves that radiate away from the antenna and can be picked up by a receiving antenna. Radio Site— A place where a radio station is operated. Radio Station— An apparatus authorized by the FCC and used for the transmission of radio frequency energy for communications purposes. Radio Station Operator— A person or other entity holding the FCC authorization for a non-exempt radio station. Reception Window — The area within the direct line between a satellite antenna and those orbiting communications satellites carrying available programming. Receive-only RF Facility — An RF facility that only receives signals and does not transmit signals. RFI — Radiofrequency Interference Satellite Antenna — Any antenna used to receive and/or transmit radio or television signals from orbiting communications satellites. Satellite Dish — See parabolic antenna. PACIFIC © BELL Mobile Services Satellite Earth Station Antenna—A parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving radio waves. Many local ordinances have attempted to control the location and size of satellite antennas for aesthetic reasons. Recent court cases have ruled that Federal Communications Commission (FCC) regulations have- preempted local control over these devices or at least require them to be treated as any other antenna(Alsan Technology v. Zoning Board of Adjustment,235 N.J. Super. 471,Nationwide v. Zoning Board of Adjustment, 243 N.J. Super. 18). Local control of satellite antennas may be upheld if the local ordinance is crafted to meet the following three-point test: 1. The ordinance should not differentiate between satellite dish antennas and other types of antennas; 2. There should be a reasonable/ clearly defined health safety, and/or aesthetic objective as the basis for the ordinance. and 3. The ordinance should not impose unreasonable limitations on reception or impose costs on the user disproportionate to total investment in antenna equipment and installation. Shadowing—Effect(Shadow) The obstruction of antenna(s) by buildings other structures, and/or natural features. Smart Card—A credit card-like device capable of storing and transferring information regarding the card's user to communications devices such as hand-held and car phones, notebook computers, and personal digital assistants. This information could include how the user would like their phone calls handled, method of payment, and the user's personal number. Telecommunications Facility — 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. Telepoint—A PCS that can provide either one or two way voice and data communications through hand-held phones and electronic devices such as electronic notebooks. It is anticipated that telepoint services will cover smaller geographic areas and offer fewer features than other PCS at a lower price. Tenant Improvement — (TI) (see Co-location) Tenant improvements include roof-mounted antennas, facade-mounted antennas, and other types of antennas integrated into existing structures. Trunking—The sharing of a telecommunication facility including several transmitters operating on different, but closely spaced frequencies, a combiner, transmission line, and antenna(s) by a large number of mobile unit users through the use of time sharing such that each unit can gain access to any of the transmitters not in use. PLANCOM, Inc. ' Telecommunications Management Services CM 460-03 & CM 477-04 SFCE1V ED June 3, 1996 - JUN 11 1996 Members of City Council OMMUN"DRELOPMENTDEPAMMENT City Clerk Office OTTyOF PALM DESERT City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 RE: PACIFIC BELL MOBILE SERVICES PROPOSED PROJECTS IN THE CITY OF PALM DESERT. Dear Members of City Council; At the May 23, 1996 City Council Hearing our items for Pacific Bell Mobile Service Projects were continued in order to give the City Council more time to get information w on wireless communication facilities and their relationship to the City of Palm Desert. Enclosed is information pertaining to PBMS (Pacific Bell Mobile Services) and PCS (Personal Communications) technology. This information includes: - PBMS Federal Communication License; - PBMS Wireless to Limitless Packet; - Fact Sheet Information ; and the - Wireless Communication Regulatory Framework Information. We anticipate meeting with you prior to the June 27th City Council Hearing for a workshop and being on the hearing agenda that same night. We welcome this opportunity to meet with you and to explain all aspects of this exciting new technology as well as the effects it will have on your community. If you have questions pertaining to this information or in general please do not hesitate to call Darrell Daugherty, Project Manager, at(714) 825-8088 or myself at(714) 825-8192. Sincerely, ',:;7�d. -df islti, Amy L. Stanton Contract Representative for PBMS 2955 Red Hill Avenue, Suite 100 Costa Mesa, CA 92626 714-825-8088 714-825-8070 fax W1,04*144%) United States of America Federal communications Commisdon ' RADIO STATION AUTHORIZATIONXMS ry Commercial Mobile Radio Services Personal Communications Service•Broadband PACIFIC TELESIS MOBILE SERVICES Cansigm KNL.FM 4420 Rosewood Drive Market M002 Bldg. 2, 4th Floor LOS ANGELg46MDWAO Pleasanton, CA 94588 Channel Block B Me Number: 00002-CW-495 'Ihe]iceasec baeof is amhos�ed,far tha period ttsdteated,m ootssteoetsod opeam adio tta�lnias 1leeliitla to accordsnre with do terms and easdidow bercloshw desaibed.'1 ils awhaelsatloo Is s=objm vs tbeptovLiom of the Ca=munieations Act of 1934,as xnen .mbaogaeat Asia a[Cottgteu,iatemadaeat rseula and agoeeaamtti to which the Unitad Staten is a atgaata7,aad aU PUft et soles aed segtaftloos of dbo Fadetal C*==*atoes Cemmisaion,contained to the 71de 47 of ebe UJ S.Code of FedadRegabdoes. Initial Grant Date. . . . . . . . . . . . . . . . . . . . . . . June 23, 1996 Five-year Build Out Date. . . . . . . . . . . . . . . . . . . June 23,2000 Expiration Date . . . . . . . . . . . . . . . . . . . . . . . .June 23,2005 CONDMONS : Pa snot to Secaw 309(h)of the Cc=wzdmd m Actor 1934,as amended,(47 U.S.C.1309(h)),this license it subject to the following condttlons: lUs llctase does not vest to the Ilan my dght to operate a swdoa nut any tight in the use df feegaeacies beyond the ttsa thereof nor in aoy other matmer than awhedmdhesem. Nehber this license nor the zigbt g mwad dmeumderr shaU be assigned or otherwise hamfeaed in violadon of the C mmunirorim Act d 1934,as amm led(47 US.C.1151,et seq.). Ibis Busse is object in terms to the right of use or c maml oaot=ed by Section 706 of the Ca umc iadoos Act of 1934,as amended (47 U.S.C.§6W. Coa&ticus continued on Page 2. WAIVISS No waives associated with this authoazation. Issue Date: Joe 23,1995 FCC Form 463a page 1 of Z Iwn26 s1995 10:31AY PA, ? BD YCaAm BG M091LESERVICES lio. 4181 comfrKm: 73b ambadacadw is sobjea to dca eonditim dw;in do avm&a symms oslaj dw aama Begoeatiea as arumd Leoin ace atdtodmd ft as adJaeeot hrdp Nam"(CMA Wwasku").ibtaae 000cdbwdm of soy bats st d=smmlmea wWmo 72 km(45 mib*of dw Vabd StwwK'aaadabacdrr sbO be ragciced to dimhwre>4y baaatol mesfamoe m opeaatioos la dw adJaoaocm:elp:ozaisory and m eastae o=de of agvd amen b dw 6cegasaaiaa bybotb oomt&L lbis amba dmUl a is b dw omdWm that dwmmakftbdbmaof dw wb* bm owmtwm be paid In amocdmoa wLb Pat 1 of dca Cammluim's=lm,47 CFJL PW L U= 23,MS Page 2 d2 FCC Farm 463a M726. 1995 10:32AM PAC t FED FEG o[Amer�ca No. 4181 P. 4/5 �AMty1JUk"States "S►� Federal Commnnkatton:Commieston o RADIO STATION AUTHORIZATION r 'e Mtss�o� Commercial Mobile Radio Services Personal Communications Service-Broadband PACIFIC TELESIS MOBILE SERVICES Call Sign: KNLF209 4420 Rosewood Drive I uWket: M004 Bldg. 2, 4th Floor 3yrFPANCIsCO-OAIGAN04M JOW Pleasanton, CA 94588 Channel Block B Fdo Nurnber. 00006-CW-L-i The licensee hereof is authoti floe the pedod indicated,b construe soil operate radio tnnsmittiag lbtitide is a000rda=with the oermu and aoftmdons haeeindl ec deacnim .Tbis nabodatioe is satIjaet to the pmvisloos of the Communications Act of 1934.as amended,subsegoeae Am of Coopess,inoeroadood trmiet sail ppeensmala to which the United State is a signatory.and all pesrincox ado and teguladons of the Ftderd Communieadmt Commission,contained in the Title 47 of the U.S.Coda ofPadcral Rageladons. Initial Grant Date . . . . . . . . . . . . . . . . . . . . . . . June 23, 1995 Fivcryear Blind Out Date . . . . . . . . . . . . . . . . . . . June 23, 2000 ExpirationDate. . . . . . . . . . . . . . . . . . . . . . . . June 23, 2005 CONDITIONS Pur2mnt to Section 309(h)of the Communications Act of 1934.as amended, (47 U.S.C. 4 309(h)),this Ucansa is subject to the following conditions: This license does not vest in the licensee any right to operate a station nor any right into use of itegtut ties beyond the tam thereof nor in any other manner than authorized berein Neither this hcenso nor the right granted the undcr shall be assigned or othrawiss transfeaed in violation of the Communications Act of 1934,as amended(47 U.S.C. § 151.at seq.). This liccuse is subject in trams to the right of use or control cop ika-ed by Section 706 of the Commuaicadons Act of 1934,as amended (47 U.S.C. §606). Conditlons continued on Page 2 WAIVIItS No waivers associated with this authorization. Issue Date: June 23,199S FCC Form 463a Fags i of 2 • TM 2& 1995 10:32AY PAC&L FBD IN c IL 1181 P. 5A KNLF209 PACM TELL WWLE WMA Owos-CYWL.YB CONDrmm This acdxw wim is mbjaa to the oosdhim tier.In the evmt test sytmm uthtgtha tame Avquwcies as Smated heiv is ate amhoeized in sa adJacest fadgn tmllm7(Caaa&AlWkd Stria).ftm =Wimdm ad say bus station tramtaiUm withia 72 bm(43 WO)of thoUnked Stssadt tads bmtha SMU be taquised b atam>mes aq harmtht into S==to apes dM iatbs agpossti o*p t nbq a"to eamm aasatiasmoa of OWd a==to tba hequmdas by bo®0000hdac This authanzWon is=%ad to the mndidan that the temumaabshmmoftbewimdogbid mum=vA be paid in mudmum with Put 1 of tha Cammimm's rates,47 CFJL Part L Issue Dare: Jose A 1995 FCC Form 463a Pate 2 of 2 M. 6. 1996 5:29P)1 ""PTG AllDEPT SF No. 7812 `P. 2/3 Zr Ta or auroea,, tee w 8som osww PUBLIC UTILITIES COMMISSION MI VAN NEU AVMUE aH M%40aeo,a ?AIDS-32" February 5, 1996 Pacific Bell Mobile services Ms. Cathy Jo Parsyt Manager-Regulatory Affairs 130 Kearney Street, Room 3609 San Pranciscor CA 94105 Res Personal Communications Services Identification Number for •Pacifie Bell Mobile services (U-3060-C) . Dear Ms . rareys This is to notify you that the information provided the Commission Advisory and Compliance Division (CACD) in a letter dated December 21, 1995, generally meets the information tiling requiremOnts for Wireless Registration Identification (MU) in Decision 94-10-031 as modified by Decision 94-12-042, as a provider of Personal Communications Services (p;:S) Your corporate identification number is U-3060-C. Pacific Bell Mobile Services may begin offering PCS service to the public upon the filing of tariffs that are in compliance with Commission rules and regulations. In all respects except authorization for market entryr the authority of the Commission to regulate ratesr terms and conditions of newly registered wireless carriers shall apply to the same extent as .those holding certificates of CPCN prior to August 10, 1994. Specifically this includes, but is not limited to the following requirements 1. The co orate identification number assigned to applicant is U-3060-Cr which should be included in the caption of all original filings with this Commission and in the titles of other pleadings filed in existing cases. 2 . Applicant is authorized to 'file tariff schedules to the ,PAL Coordinator, 503 Van Ales Ave, San rraneiaco, CA. 94102. Tariffs become effective upon the date filedr so it is recommended a draft copy be sent for staff review prior to filing final tariffs. 3. Applicant is subject to the provisions of General Order 96-A as modified by D-88-05-067 and D.90-06-025 ((as modified by D.90-10-047, 0.93-04-053, and D.94-O4-043) . 4 . Applicant shall notify the Director of the Commission Advisory and Compliance Division (CACD) in writing of the date service is first rendered to the public as authorised herein, within five days after service begins. S . Applicant shall be granted a waiver of PU Code sections 016-930 and 851-855, consistent with Decisions 85-07-081 and 85-11-644. ieb. 6. 1996 5:29PM"1'. .EGAL DEPT SF Ho. 1812 `P. 3/3 No. Cathy Jo Farey February 5, 1996 Page 2 i i 6. Applicant shall comply with PVC Code Section 401, et ! seq. , and Resolution M-4770, as they pertain to the collection of user fees to fund the coats of regulatin public utilities. The current user fee is one-tenth of one percent (0.1i) . 7 . Applicant shall comply with PV Code Section 2081 and Resolution T-15254 as they pertain to a surcharge on gross intrastate revenues to fund the "California Relay Service and communications devices fund•. The current rate is three-tenths of 1 percent (0.33) . S. Applicant should include in its tariff appropriate rules for imposing and collecting the user fees and surcharges , described above. 9. Applicant shall file an annual report, in compliance with, General Order 104-A, on a calendar-year basis using the format specified by the Chief of the Auditing and Compliance Branch of CACD. (Appendix A. ) 10. The corporate identity number and authority to render cellular service under the rates, charges, and rules authorized will expire if not exercised within 12 months after the date of this letter. 1 li. Within 60 days of the issuance of a'111reless Registration Identification number, applicant shall comply with PU Code Section 708, Employee Identification Cards, and notify, in writing, the Chief of the Telecommunications Branch of CACD. i I 12. If applicant fails to file an annual report or remit the fees discussed above, then CACD shall prepare a 'Commission resolution that revokes the applicants Wireless identification Number for Commission approval. 13: Applicant is subject to the jurisdiction of the Commission 4or the resolution of customer complaints. ! 14 . Applicant shall notify CACD in writing of any changes to Me information it submitted for wireless registration within 30• days. Such information does not have to be served on competitora, cities and counties. Sincerely yours, oe Jack M. autza, Chief Tel Branch 4 Commission Advisory and Compliance Division Enclosure i • i • r April 23, 1996 FEDERAL COMMUNICATIONS COMMISSION .�. FACT SHEET Information provided by the Wireless Telecommunications Bureau NEW NATIONAL WIRELESS TOWER SITING POLICIES The Telecommunications Act of 1996 contains important provisions concerning the placement of towers and other facilities for use in providing personal wireless services. Most state and local communities have worked closely with cellular and other wireless service providers on such placement plans, but this new law establishes new responsibilities for communities and for the Federal Communications Commission (FCC). The rapid expansion in the wireless industry makes these issues even more important. This fact sheet is intended to explain the new provisions and to help state and local governments as they deal with the complex issues of facilities siting in their local communities. At the end of this fact sheet, you will find names of contacts for additional information about this area and other issues before the FCC. Section 704 of the Telecommunications Act of 1996 (the "1996 Act") governs federal, state and local government oversight of siting of "personal wireless service" facilities. The 1996 Act -establishes a comprehensive framework for the exercise of jurisdiction by state and local zoning authorities over the construction, modification and placement of facilities such as towers for cellular, personal communications service (PCS), and specialized mobile radio (SMR) transmitters: The new law preserves local zoning authority, but clarifies when the exercise of local zoning authority may be preempted by the FCC. Section 704 prohibits any action that would discriminate between different providers of personal wireless services, such as cellular, wide-area SMR and broadband PCS. It also prohibits any action that would ban altogether the construction, modification or placement of these kinds of facilities in a particular area The law also specifies procedures which must be followed for acting on a request to place these kinds of facilities, and provides for review in the courts or the FCC of any decision by a zoning authority that is inconsistent with Section 704. 2 Finally, Section 704 requires the federal govemment to take steps to help licensees in soectrum-based services, such as PCS and cellular, get access to preferred sites for their facilities. Federal agencies and departments will work directly with licensees to make federal property available for this purpose, and the FCC is directed to work with the states to find ways for states to accommodate licensees who wish to erect towers on state property, or use state easements and rights-of-way. The attachments to this fact sheet seek to provide information concerning tower siting for personal wireless communications services. They include a summary of the provisions of Section 704 of the 1996 Act, the actual text of Section 704, and a technical information summary that describes'the cellular, wide-area SMR and broadband PCS technologies that underlie the majority of requests for new tower sites. Questions about this topic, and about federal regulation of wireless telecommunications services in general, may be addressed to Karen Brinkman, Associate Chief of the Wireless Telecommunications Bureau, 202-418-0783, (e-mail: kbrinkma@fcc.gov). Questions about the Telecommunications Act of 1996 generally may be addressed to Sheryl Wilkerson in the FCC's Office of Legislative and Intergovemmental Affairs, 202-418-1902 (e-mail: swilkers@fcc.gov). Questions about tower siting, licensing issues or technical matters may be addressed to Steve Markendorff; Chief of the Broadband Branch in the Wireless Telecommunications Bureau, 202-418-0620, (e-mail: smarkend@fcc.gov). This Fact Sheet is available on our fax-on-demand system. for demand is 202-418-2830. The Fact Sheet may also be found onethe World Wider Web at-on ht-tp://www.fcc.gov/vnb/wirehome.hrmi. 3 SUMMARY OF SECTION 704 OF THE TELECOMMUNICATIONS ACT OF 1996 The following is a summary of key provisions. the text of Section 704 is reproduced in its entirety as an attachment to this summary. 1. Local Zonine Authority Preserved Section 704(a) of the 1996 Act amends Section 332(c) of the Communications Act ("Mobile Services") by adding a new paragraph (7). It preserves the authority of state and local governments over decisions regarding the placement, construction, and modification of personal wireless service facilities, except as provided in the new paragraph (7). 2. Exceptions a. States and Localities May Not Take Discriminatory or Prohibiting Actions Section 704(a) of the 1996 Act states that the regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services. 47 U.S.C. §332(c)(7)(B)(i). Review: Any person that is adversely affected by a state or local government's action or failure to act that is inconsistent with Section 332(c)(7) may seek expedited review in the courts. 47 US.C. §332(c)(7)(B)(v). b. Procedures for Ruling on Requests to Place. Construct or Modify Personal Wireless Service Facilities Section 704(a) also requires a State or local government to act upon a request for authorization to place, construct, or modify personal wireless service facilities within a reasonable time. Any decision to deny a request must be made in writing and be supported by substantial evidence contained in a written record. 47 U.S.C. §332(c)(7)(B)(ii), (iii). C. Regulations Based On Environmental Effects of RF Emissions Preempted Section 704(a) of the 1996 Act expressly preempts state and local government regulation of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions. 47 U.S.C. §332(c)(7)(B)(iv). Review: Parties may seek relief from the FCC if they are adversely affected by a state or local government's final action or failure to act that is inconsistent with this provision. 47 U.S.C. § 332(c)(7)(B)(v). 4 r 3. Federal Guidelines Concerning RF Emissions Section 704(b) requires the FCC to prescribe and make effective new rules regarding the environmental effects of radio frequency emissions, which are under consideration in ET Docket 93-62, within 180 days of enactment of the 1996 Act. NOTE: The pendency of this proceeding before the FCC does not affect the rules which currently are in effect governing the environmental effects of radio frequency emissions. Section 704(b) gives preemptive effect to these existing rules. See related attachments to the Fact Sheet. 4. Use of Federal or State Government Prooertv a. Federal Pronerry Section 704(c) of the 1996 Act requires the President (or his designee) to prescribe procedures by which the federal government may make available on a fair, reasonable and nondiscriminatory basis, property, rights-of-way and easements under their control, for the placement of new spectrum-based telecommunications services. b. State Prooerry t With respect to facilities siting on state property, Section 704(c) of the 1996 Act requires the FCC to provide technical support to States to encourage them to make property, rights-of-way and easements under their jurisdiction available for the placement of new spectrum-based telecommunications services. NOTE: Information concerning technical support for tower siting which the FCC is making available to state and local governments is attached to the Fact Sheet. S. Definitions "Personal wireless services" include commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. 47 U.S.C. §332(c)(7)(C)(i). "Commercial mobile services" are defined in Section 332 of the Communications Act and the FCC's rules, and include cellular telephone services regulated under Part 22 of the FCC's rules, SMR services regulated under Part 90 of the FCC's rules, and PCS regulated under Part 24 of the FCC's rules. 47 C.F.R. §20.9. 5 "Unlicensed wireless services" are defined as the offering of telecommunications services using duly authorized devices which do not require individual licenses; direct- to-home satellite services are excluded from this definition. 47 U.S.C. §332(c)(7)(C)(iii). 6 COMPLETE TEXT OF SEC. 704 OF THE TELECOWNIUNICATIONS ACT OF 1996 SEC.. 704. FACILITIES SITENG. RADIO FREQUENCY EMISSION STANDARDS. (a) NATIONAL. WIRELESS TELECOINLM li ICATIONS SITING POLICY- Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph: '(7) PRESERVATION OF LOCAL ZONING AUTHORITY- '(A) GEN,-ERAL. AUTHORITY- Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. -(B) LLtiIITATIONS- '(i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof-- '(I) shall not unreasonably discriminate among providers of functionally equivalent services, and '(U) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. '(ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilines within a reasonable period of time after the xequei,t is duly filed with such government or instrumentality, taking into account the nature and scope of such request. '(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. '(iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. '(v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any 7 court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any pers--n adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief. '(C) DEFINITIONS- For purposes of this paragraph-- '(i) the term 'personal wireless services' means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; '(ii) the term 'personal wireless service facilities' means facilities for the provision of personal wireless services; and '(iii) the term 'unlicensed wireless service' means the offering of telecommunicarions 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 section 303(v)).'. (b) RA.DIO FREQUENCY EIMISSIONS- Within 180 days after the enactment of this Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules regarding the environmental effects of radio frequency emissions. (c) AVAZABILITY OF PROPERTY- Within 180 days of the enactment of this Act, the President or his designee shall prescribe procedures by which Federal departments and agencies may make available on a fair, reasonable, and nondiscriminatory basis_property, rights-of-way, and easements under their control for the placement of new telecommunications services that are dependent, in whole or in part, upon the utilization of Federal spectrum rights for the transmission or reception of such services. These procedures may establish a presumption that requests for the use of property, rights-of-way, and easements by duly authorized providers should be granted absent unavoidable direct conflict with the department or agency's mission, or the current or planned use of the property, rights-of-way, and easements in question. Reasonable fees may be charged to providers of such telecommunications services for use of property, rights-of-way, and easements. The Commission shall provide technical support to States to encourage them to make property, rights-of-way, and easements under their jurisdiction available for such purposes. 8 TECHNICAL L`FOILMATION CONCE1;LNI2-NG CELLULAR, SPECIALIZED ,MOBILE RADIO AND PERSONAL COMMUNICATIONS SERVICES April 1996 Cellular Information The FCC established rules and procedures for licensing cellular systems in the United States and its Possessions and Territories. These rules designated 306 Metropolitan Statistical Areas and 428 Rural Service Areas for a total of 734 cellular markets and spectrum was allocated to license 2 systems in each market. Cellular is allocated spectrum in the 824-849 and 869-894 MHz ranges. Cellular licensees are generally required to license only the tower locations that make up their outer service contour. Licensees desiring to add or modify any tower locations that are within an already approved and licensed service area do not have to submit an application for that location to be added to their cellular license, although they may need FCC approval if the antenna would constitute a major environmental action (See question 2, below) or would exceed the criteria specified in Part 17 of the FCC's Rules ("Construction, Marking and Lighting of Antenna Structures"). Part 17 includes criteria for determining when construction or placement of a tower would require prior notification to the Federal Aviation Administration (FAA). (See question 3, below.) A cellular system operates by dividing a large geographical service area into cells and assigning the same frequencies to multiple, non-adjacent cells. This is known in' the industry as frequency reuse. As a subscriber travels across the service area the call is transferred (handed-oft) from one cell to another without noticeable interruption. All the cells in a cellular system are cone-cted to a Mobile Telephone Switching Office (MT SO) by landline or microwave links. The MTSO controls the switching between the Public Switched Telephone Network (PSTN) and the cell site for all wireline-to-mobile and mobile-to-wireline calls. Specialized Mobile Radio (SMR) Information Specialized Mobile Radio (SMR) service licensees provide land mobile communications on a commercial (i.e., for profit) or private basis. A traditional SMR system consists of one or more base station transmitters, one or more antennas and end user radio equipment which often consists of a mobile radio unit either provided by the end user or obtained from the SMR operator. The base station receives either telephone transmissions from end users or low power signals from end user mobile radios. SMR systems operate in two distinct frequency ranges: 806-821/851-866 MHz (800 MHz) and 896-901/935-940 MHz (900 MHz). 800 MHz SMR services have been licensed by the FCC on a site-by-site basis, so that the SMR provider must approach the FCC and receive a license for each and every towerlbase site. In the future the FCC will license this band on a wide-area market approach. 900 MHz SMR was originally licensed in 46 Designated Filing Areas (DFAs) comprised of only the top 50 markets in the country. The Commission is in the process of auctioning the remainder of the United States and its Possessions and Territories in the Rand McNally defined 51 Major Trading Areas. 9 PCS Information Broadband PCS syste::s are very similar to the cellular systems but operate in a higher frequency band, in the 1950-1990 MHz range. One other difference is that the FCC used different market areas for licensing purposes. The FCC used the Rand McNally definitions for 51 Major Trading Areas (ti1TAs) and 493 Basic Trading Areas (BTAs). PCS was allocated spectrum for six Broadband PCS systems and 26 Narrowband systems. The six Broadband PCS systems will be licensed as follows: two Broadband PCS licenses will be issued for each of the 51 MTAs and four for each of the 493 BTAs. The 26 Narrowband systems will be licensed-as follows: eleven Narrowband PCS licenses will be issued for nationwide systems, six for each of five regional areas, seven for each of the 51 MTAs and two for each of the 493 BTAs. PCS licensees are issued a blanket license for their entire market area and are not required to submit applications to license individual cell sites unless construction of the facility would be a major environmental action or would require FAA notification. Major environmental actions are defined by the National Environmental Policy Act of 1969 that is discussed in question 2, below. Therefore, the FCC has no technical information on file concerning PCS base stations. Frequently asked Questions concerning tower siting for personal wireless services. 1. Do local zoning authorities have any authority to deny a request for tower siting? Answer: Yes. The Telecommunications Act of 1996 specifically leaves in place the authority that local zoning authorities have over the placement of personal wireless facilities. It does prohibit the denial of facilities siting based on RF emissions if the licensee has complied with the FCC's regulations concerning RF emissions. It also requires that denials be based on a reasoned approach, and prohibits discrimination and outright bans on construction, placement and modification of personal wireless facilities. 2. What requirements do personal wireless communications licensees have to determine whether a site is in a flood plain? A historical site? Answer: All antenna structures must also comply with the National Environmental Policy Act of 1969 (NEPA). as well as other mandatory federal environmental statutes. The FCC's rules that implement the federal environmental statutory provisions are contained in sections 1.1301-1.1319. The FCC's environmental rules place the responsibility on each applicant to investigate all the potential environmental effects, and disclose any significant effects on the environment in an Environmental Assessment (EA), as outlined in section 1.1311, prior to constructing a tower. The applicant is required to consult section 1.1307 to determine if its proposed antenna structure will fall under any of the listed categories that may significantly affect the environment. If it does, the applicant must provide an EA prior to proceeding with the tower construction and. under section 1.1312, must await FCC approval before commencing any such construction even if FCC approval is not otherwise required for such construction. The FCC places all proposals that may significantly impact the environment on public notice for a period of 30 days, seeking any public comments on the proposed structures. 10 The categories set forrh in section 1.1307 include: Wilderness Area Wildlife Preserve Endangered Species Historical Site Indian Religious Site Flood Plain Wetlands High Intensity White Lights in Residential Neighborhoods Excessive Radiofrequency Radiation Exposure 3. Are there any FCC regulations that govern where towers can or cannot be placed? Answer: The FCC mandates that personal wireless companies build out their systems so that adequate service is provided to the public. In addition, all antenna structures used for communications must be approved by the FCC in accordance with Part 17 of the FCC Rules. The FCC must determine if there is a reasonable possibility that the structure may constitute a menace to air navigation. The tower height and its proximity to an airport or flight path will be considered when making this determination. If such a determination is made the FCC will specify appropriate painting and lighting requirements. Thus, the FCC does not mandate where towers must be placed, but it may prohibit the placement of a tower in a particular location without adequate lighting and marking. 4. Does the FCC maintain any records on tower sites throughout the United States? How does the public get this information (if any)? Answer: The FCC maintains a general tower database on the following structures: (1) any towers over 200 feet, (2) any towers over 20 feet on an existing structure (such as a building, water tower, etc.) and (3) towers that are close to airports that may cause potential hazards to air navigation. The FCC's licensing databases contain some base site information for Cellular and SMR systems. The general tower database and the Cellular and SMR data that may be on file with the FCC is available in three places: (1) Cellular licensing information is available in the Public Reference Room of the Wireless Telecommunications Bureau's Commercial Wireless Division. The Public Reference Room is located on the fifth floor of 2025 M Street, NW, Washington, DC 20554, telephone (202)418-1350. On-line database searches of cellular licensing . information along with queries of the FCC's general tower database can also be accomplished at the Public Reference Room. (2) People who would like to obtain general tower information through an on-line public access database should call or write Interactive Systems, Inc., 1601 North Kent St., Suite 1103, Arlington, VA 22209, telephone 703-812-8270. (3) The FCC does not duplicate these records, but has contracted with International Transcriprion Service• inc. to provide this service. Requests for copies of information should be addressed to Internarional Transcription Service, Inc. (ITS, Inc.), 2100 M St., NW, Suite 140, Washington, DC 20037, telephone 202-857-3800. 5. Why do Cellular and PCS providers require so many tower sites? Answer- Low powered transmitters are an inherent characteristic of Cellular Radio and Broadband PCS. As these systems mature and more subscribers are added, the effective radiated power of the cell site transmitters is reduced so frequencies can be reused at closer intervals thereby increasing subscriber capacity. There are over 30 million mobile/portable cellular units and more than 22 thousand cell sites operating within the United States and its Possessions and Territories. PCS is just beginning to be offered around the country. Due to the fact that Broadband PCS is located in a higher frequency range, PCS operators will require more tower sites as they build their systems to provide coverage in their service areas as compared to existing Cellular carriers. 'Therefore, due to the nature of frequency reuse and the consumer demand for services, Cellular and PCS providers must build numerous base sites. 6. Can Cellular, SMR and PCS providers share tower structures? Answer- Yes, it is technologically possible for these entities to share tower structures. However, there are limits to how many base station transmitters a single tower can hold and different tower structures have different limits. Moreover, these providers are competitors in a more and more competitive marketplace and may not be willing to share tower space with each other. Local zoning authorities may wish to retain a consulting engineer to evaluate the proposals submitted by wireless communications licensees. The consulting engineer may be able to determine if there is some flexibility as to the geographic location of the tower. 7. Is the Federal government helping to find ways to accommodate multiple licensees of personal wireless services? Answer: Yes. The FCC has designated Steve Markendorff, Chief, Broadband Branch, Commercial Wireless Division, Wireless Telecommunications Bureau, FCC to assist local zoning authorities and municipalities and respond to questions concerning tower siting issues. His telephone number is 202-418-0620. Also, President Clinton issued an Executive Memorandum on August 10, 1995 directing the Administrator of General Services (GSA), in coordination with other Government departments and agencies, to develop procedures to facilitate appropriate access to Federal property for the siring of mobile services antennas. GSA recently released "Govemment-Wide Procedures for Placing Commercial Antennas," 61 Fed Reg 14,100 (March 29, 1996). For further information contact James Herbert, Office of Property Acquisition and Realty Services, Public Building Service, General Services Administration, 18th & F Streets, NW, Washington, DC 20405, telephone 202-501-0376. - 12 8. Have any studies been completed on potential hazards of locating a towerlbase site close to residential communiries? Answer: In connection with its responsibilities under NEPA, the FCC considers the potential effects of radiofrequency (RF) emissions from FCC-regulated transmitters on human health and safety. Since the FCC is not the expert agency in this area, it uses standards and guidelines developed by those with the appropriate expertise. For example, in the absence of a uniform federal standard on RF exposure, the FCC has relied since 1985 on the RF exposure guidelines issued in 1982 by the American National Standards Institute (ANSI C95.1-1982). In 1991, the Institute of Electrical and Electronic Engineers (IEEE) issued guidelines designed to replace the RF ANSI exposure guidelines. These guidelines (A.`NSI/IEEE C95.1-1992) were adopted by ANSI. The Telecommunications Act of 1996 mandates that the FCC complete its proceeding in ET Docket 93-62, in which it is considering updating the RF exposure guidelines, no later than early August 1996. Copies of this proceeding can be obtained from the International Transcription Service, Inc. (ITS), telephone 202-857-3800. Presently, RF emission requirements are contained in Section 1.1307(b) of the FCC's rules , 47 C.F.R. §1.1307(b), for all services. PCS has service specific RF emission provisions in Section 24.52 of the FCC's rules, 47 C.F.R. § 24.52. Additional information concerning RF emission hazards can be obtained through a variety of sources: (1) Information concerning RF hazards can be obtained on the World Wide Web at http://www.fcc.gov/oettfags. RF safety questions are answered and further RF documents and information are contained under the Cellular Telephony Section. (2) OET Bulletins 56 and 65 concerning effects and potential RF hazards can be requested through the Radiofrequency Safety'Program at 202-418-2464. Additionally, any specific questions concerning RF hazards can be answered by contacting the FCC at this phone number. The FCC maintains a Communications and Crisis Management Center which is staffed 24 hours a day, seven days a week. In the event of an emergency, such as a radiofrequency hazard threatening public safety or health, you may call 202-632-6975. The watch officer who answers at that number can contact our compliance personnel in your area and dispatch them within a matter of hours. i 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA92260 lTELEPHONE(619)346.0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. ZOA 96-2 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a proposed ordinance to regulate commercial communication towers and commercial communication antennas . Post-it°Fax Note 7671 Date g' paogesl To From Co./Dept. Co. Phone# Phone# �/ - Fax# a ��D Fax# Y F� C _ _ SAID public hearing will be held on Tuesday, September 17, 1996, at 7 :00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8 : 00 a.m. and 5 : 00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post PHILIP DRELL, Secretary September 5, 1996 Palm Desert Planning Commission CITY OF PALM DESERT �D :619-341-7098 • AUG 29 '96 11 : 25 TRRNSrIIT CONFIRMATION REPORT NO . 002 RECEIVER DESERT SENTINEL TRANSMITTER CITY OF PALM DESERT DATE AUG 29 '96 11 : 25 DURATION 00'54 MODE STD PAGES O1 RESULT OK 1. it LOCAL NEWS WEATH ER/LOTTERY _J SECTION UNDAY s JULY 12, 1998 CCt Cos A-a c1c Mlmcz SPECIAL REPORT e Mikail Markhasev's life was full of bad choices. A close look at Ennis Cosby's slayer reveals . . . A Slide Fromfloln,Or St udent to Ki 11ci 01", By STEVE BERRY known across the country as a racist street Sitting at his desk last week, Kladifko doctoral student on winter break from and ABIGAIL GOLDMAN thug who killed Ennis Cosby, the only son reviewed Markhasev's records since el- Columbia University Teachers College, 1 TIMES STAFF WRITERS of entertainer Bill. ementary school,including a year at Holly- where he was studying to help children Markhasev's mother, a dressmaker, still wood's John Burroughs Middle School, with special learning problems. Mikail Markhasev, who immigrated has a thick Ukrainian'accent. Her son lost where he was in classes for gifted children. On that particular day in the early here from Ukraine with his mother his quickly and earner! a seat in honors "You have to be highly motivated for that morning, Cosby had pulled off the San nine years ago, was on the college English classes, yet he affects a Spanish program,"Kladifko said. Diego Freeway onto Skirball Center Drive track in school. accent. When he finished looking at the reco.ds to change a flat tire. After graduation,he probably could have He could have been a leader,but he chose the principal closed the file. A school Markhasev was there, too, reportedly chosen any top-notch universit�. Instcad, to follow. picture of a cherubic-looking little boy was planning to rob a drug connection at a nearby he chose to drop out and loiter in an alley, He wanted to fit in, friends say, and he attached. house. But he couldn't reach the drug drinking beer with a group of petty thugs. chose the friendship of gang members;yet, "That's him there," he said. "Here's a connection,so the man putting a fresh tire on out. --Benz convertible became his His young life has beer, full of bad even among them,he stood o young man who could have really made a a Mercedes "It's really a shame that contribution to society and to his family."choices, many of which reveal puzzling L this young man, victim. person ality contradictions. Friends and who seemed to really enjoy school, got on Instead, on Jan. 16, 1997, Markhasev, 19, Many details of Markhasev's life are educators say they can't understand the the wrong side." said Principal Robert murdered Cosby, another promising young sketchy. His mother, Victoria, declined to decisions he made,but those decisions help Kladifko of Res eda'High School, where man, who happened to be in the wrong be interviewed.But his story emerges from Mikail Markhasev in middle school. explain why he turned to crime and is now Markhasev enrolled it'tbc l0th grade. place at the wrong time. Cosby, 27, was a Please see KILLER B 117 f 4 WON ANN W.ONEILL Fight OAer C F Skatt_ 1 Put Hospital Plan A Esca-la,tes Ice,,Deal on f. L Fir,,n,1-1. Says i AW; a Portics. State -P rut, S lawmakers threaten to Ice foUiesmodest trend 1 9 -p,,a al 1_1 Ni.11-1 o Bil Cf 71 11 S; Groul- j withhold funds for Tupac estate update. AL ko"3c It seemed like such a good idea County-USG Medical k J, S, Center recement in at the time. Hire pairs skaters 0 onl pla Craig Shepherd and Natalia of I, Aii ,Mishkutionok,the hockey player dispute over its size. and the 1992 Olympic pairs figure "!`A1 skating gold medalist,to perform "'Nutcracker on Ice." Hype the By JOSH MEYER TIMES STAFF WRITER i heck out of their real-life love -story. Then sit back and count In back rooms and boardrooms,a 0 iy. -stakes political ...1'he monL game of high -stakes so it was with great chicken is escalating between the n ic VIA and a powerful coalition of Los booked arenas, planned promo- ipation that On Ice Inc. county's five elected supervisors tJons and spent hundreds of Angeles-based state lawmakers X �A�& _J, n g over ,Aor the tour, said the company's replace the gargantuan County- ,ihousands of dollars preparing what kind of hospital should County- AT USC Medical Center. ttorhey, David5k, M. Bass. But, "It E17* And like most contests of brink- ;ccordini to a lawsuit in Los R T'4""'1 miin,lhip, no one knows for sure nge es Superior Court, the 'ko , whether one side or the other will ,skating lovebirds, who nest in V blink, or wnettier they Will collide 'bolorado Springs,canceled at the in a dramatic pileup that could last minute. unexpected development, tile 501 have ramifications for millions of This The A*1 1 hu,-�,ianc seam' Angelenos—especially poor and bf ethrew'a triple. lutz into Agp"M>'.'3�� ,ourse, Latinos astsidr. uninsured L, s on the E, theplans for the tour,which was The underlying issue is simple: to have run from last November Vvw How big a medical center should be to last January. r�.: "Mrs built to replace what is arguably The reason given,according to t4 -- ------ C, the largest public hospital in the uf- the suit: Mishkutionok had s g IOUs Pick,.1". UX luworld, as well as the linchpin for fered a "sudden and mysterious A, muscle strain." �. � � � � the public health system in the Which is why Barry Mendel- largely Latino Fastside and the son,president of On Ice Inc.,was LORENAINTGT-F7, county's overall trauma network. stunned to learned that the cou- But the politics are dizzyingly ple ^had appeared on national complicated. television, skating at the U.S. After years of hand-wringin- Open Professional Figure Skat- study and debate, four of the El Scat)-' eg"d-%-at 'Please see lROMT&T—,W. -'Ing Vnamoiongnip'in'late 3anu- at the sam(, time they were have been on the ,..supposed to Nutcracker tour. From Havoc to Hangnails, War Storm Phenomenon Took the Blame On Ice Inc. is alleging fraud tn and breach of contract in its suit Nifio. The whipping boy is more like it. against the couple and Marco By BOB POOL Entertainment, a Palm Desert TIMES STAFF WRITER Ditto for invading Argentine ants that "El Nino will be blamed for just about company that books Olympic marched by the millions through Los Angeles everything—your hurt toe,tennis elbow and a A DOG-EAT-DOG JOB: skaters who turn pro. ou don't like this story?Blame El Niftu. homes, causing housewives to call out the higher grocery bill," Dan Basse, executive As new head of the Ani- The ocean-warming meteorological swat team. vice president of AgResearch Co., a Chicago mat Services Depart- phenomenon that wreaked havoc on Piano out of tun rq It's because humidity research firm,predicted last September as El meet, an ex-pastor takes MORE ICE FOLLIES: e suit Los Angeles before fading away last month from El Nifto caused the piano wires to go Niho conditions were developing over the on "the toughest job in over Shepherd and Kslikutionok has been blamed for just about everything else slack. Pacific Ocean. the world."B3 is just the latest in the legal ice I I that turned out bad this year. Lousy skiiiig seasor' It's becau.se El Nino He was right. Since then, newspapers, capades between Marco and On Not that this article necessarily falls into produced a thick and sticky snowpack in the magazines and computer Web sites have Ice. Last. month, Los Angeles Superior Court Judge Ralph W. that category,mind you.Certainly not a story San Gabriel Mountains. And thin and patchy bulged with fingers pointing the blame at El In Auctions............B7 Dau tossed out another case,this that mentions a flood of Italian trousers,losing coverage on slopes flartlwr east. Niho when anything went wrong. m Air Quality..........B4 one filed by Marco's lawyers. an Academy Award, traffic jams on the Golf game fall apart? It's because the grass "It's an easy scapegoat," said Michael Marco—as well as skaters Tai Ventura Freeway and hangnails in the same on putting greens was tougher and less Glantz,senior scientist the National Center for m Chess...............B8 Babilonia, Randy Gardner, Rudy sentence. resilient,thanks to El Nilftc. Atmospheric Research in Boulder,Colo. ' n Lottery............. B5 Galindo and half a dozen oth- Each of those things has been blamed on El El Nino translates literally as "The Child." Please see WEATHLI.,B8 m Weather............B4 ers—accused On Ice of breaching Please see FILES,B5 k Now C01 s The Beach' of his 25th summer at The scene had an eternal quality. 7 X0 e Beach crawled out of its cocoon last week. , Just like always.You could argue about the X The Beach.He was "You look out there,it might as well be 1974"he exactday,but at some Z11"F4 WA talking about how you said."The bathing suit styles are a little different, Southern California pe point durin the week,assed tbrout.-:h an [S S know when the moment but otherwise it's the same.That's the reassuring A "M g 10- 1 invisible portal.The mornings acquired a peppery .............................. of The Beach has thing about it." heat and,suddenly,you knew:The Beach was back. 7 arrived. For example,Verge points out,beach volleyball 11;-:7Z�;' R A. 1� 'In other places,when summer arrives,people go to "You can smell it,"he first appeared in Hermosa Beach,Manhattan Beach OE, tIS the beach.Or they go to the shore.All those things said."You catch whiffs and Santa Monica in the 1920s.To this day,those are fine enough,but they're different from The of sunscreen in the air. stretches of beach still contain the volleyball action 4, Beach. It's a pure joy when it happens because you know and other stretches do not.The Beach honors its Only Southern California has The Beach.It's not a you've broken out of spring and,finally,it's here. traditions. strip of sand but a contained universe that emerges The whole season is in front of you." Or consider the lifeguards themselves.Their is Verge is a county lifeguarl,He's 42 and,each July and then vanishes in the fall.The Bea� rescue techniques have changed little,if any,over a separate reality. off-season,a professor of history at El Camino the past 50 years.They use neither helicopters nor That reality operates under its own rules and College.That The Beach can attract peop'le like other fancy equipment.Each of the thousands of behaviors.It has its own economy,with a GNP the Verge,year after year,is a measure of its cultural rescues each summer is accomplished by a lifeguard size of a small country.It plays different sports and power.Among the lifeguan2 corps there's also a in a red swimsuit trailing a plastic buoy.And nothing has its owns ports stars.It flaunts its own clothing physics professor at USC,several physicians and more. fashions and makes millions doing so.The Beach,one some artists. Along Hermosa and Manhattan beaches,where )y,while I watched,Verge opened the apartments extend onto the sand,it even seems f our contributiomz to world culture,is a mysterious On Wednesday, 0 z place. the Avenue 18 tower in Venice.Af i around us,an that the same coffege kids appear each summer to Exactly how we invented The Beach is an incredible polyglot civilization had gathered on their rent the apartments,display their perfect bodies,and AAinteresting story,and we'll get to that later.But on blankets while,offshore,the boys of summer bobbed sip Chihuahua beer on their patios.They are not the Wednesday,Arthur Verge was starting the first day on the boards,waiting for the next wave. Please see BEACH,BC I v, BOB CHAMBERLIN Los Angeles Times C J } ... ,� •! ;. .:. , . . - >.. ',', ,• r. 162 SUNDAY, JULY 12, 1998 * LOS ANGELES TIMES a . I�I�i��I W�'�-.I,:.',�1,_,;.�,�_,"-�-1��',,��,Ir I_I��.° ��'11:.I�I 1 _'I_,����.I,,:,,I�-I,�,-�II . 1-_1, �1. , . x, T} A da 1�I1 11 I , E �W5 . , � Q l � . I I ' I ' 0 cPaebb �.II�II I�I.I II''I I 1; I1.1 I III I—',-II I I!�-I,A1 1�_,1"1—,...-I��I ,,I t111�� �����,1 I�1',.I�,-,� �. �rb? - ; - "1. ' rI 1 v7___e__1 d� w autdoc.s: South Pasadena -- - � i the summer, she's hiking the Pacific Northwest, and she expects to return to grandm' other came late to her �' f 1.. , Los Angeles County in October. IoVQ O1~1111C1ng, but now it's �,41 .. " � At the end of the two-year undertaking, '` she's planning to publish a guide in loose �+iCtually a full-time passion. Her leaf format that will have a chart describ- s CUr.Cent prOJeCt: a 2,6 -iTllle ing the trail on one side with a correspond- JaUCIt On tale PaC1f1C Crest T Call. i ing topographical map on the other.When " ,,.. - it's done, she's planning to package the By JUL1A SCHEE[�ES v guide in 75*to 100-mile sections and sell it SPECIAL TO THE TIMES r T, "' in sports stores. 4 _ I She says the guide will be more practical hances are, if you run across a little -u � t r t than the two existing ones, which are i old lady dressed in purple spandex I , J 'k, , `�` and leading a saddled goat any time �� �It t ' bound books. Because most people hike soon,she'll probably be in front of you. r' *� f , # only segments of the trail, they are forced Sandra Johnson, a 66-year-old South1. » « 1. sr" 11,� to either tear out the pages they intend to Pasadena woman, is undertaking the1'1 �'! 1. , s » �, ' ' , �� use or lug the entire book along. monumental task of hiking the Pacific � '� f,= t �' ! s �x; Bob Ballou,the executive director of the Crest Trail,from Mexico to Canada,for the $' ', ,_ E� r t.:} Pacific Crest Trail Assn., a 2,600-member second time. � o- ' A trail junkie, the grandmother of three �a ,,j '= group that maintains he trail, said such a ' itt ,i' 1, a� ,` I guide is long overdue. t it s long ago forfeited her job and home to heed F r:, ' `: ..., ,� r , ' �:, ,;d ,� "It's a great idea because it won't include the call of the wild. I , i ` She was a professor of fashion design at arI'll I ft . , .3 a lot of the dialogue that's in the current Pasadena Crty College until 1991,when she �11 -�"� f� 11� _� l ', f` guides," said Ballou. It will be especially took,a leave of absence to hike the trail far '` ` �'d `"" '°'' '���kl� r °'� t useful for the approximately 75 people who the first time. Somewhere along the way, y11_ x � 1 walk the entire trail in one hike each year, g Y> a 3 t she got turned off by the vacuous glitz of 11 "" �8�x � �� r he said. s-J { � + g, ` '" v `, t t the fashion industry and turned on by " 4~ 1 , ", ,;; I'll �'1 "� �. "There's not many people her age that Mother Nature,she says. s �_ � r � 1 Y x t . . �, J �� I, �,° want to rewrite a trail guide for the PCT," When she returned to Los Angeles, she , t , ,% said Ballou."She's one of a kind.,, 11 quit her 37-year teaching career, moved ' ti ` ` Association volunteers dropoff food for J dot of her home and put her possessions in ' " :11 �= a �, I, storage—all to spend as much time hiking '` �, .� +" r ° � ;'' Johnson at prearranged sites along the " , sf trail and shuttle her between the trail and as possible. s y -; ' 3v, yr�.a, r w a ' -Fw ���, her van,where she types her observations ',,,,,'After I'd been out on the trail for six ' yp attOri Il- it iww-Lll'&_`�where i bielwfged,' sy H'Ai!.YREAr..,- bwAftgrk,nm� into her battery-operated laptop. says Johnson. "I gave it all up because I Sandra Johnson, witl': her goat, Wind, says of choice to forsake horn and career: "I gave it all up because i wanted to be outside." To measure elevation, which range from 140 to 13,200 feet spans :wanted to be outside." She wants nothing ?rg six :mgre than to spend the rest of her days "She's not your typical mother/grand- 77 ',.�----�- She's run across a few bears and snakes ecosystems fro ^ low desert to high alpine, climbing pine-studded summits, crossing mother," said Lisa Downs, her daughter, —. �, in her journeys, but has never felt threat- she's using two altimeters and two pedom- •flower-strewn meadows and plodding who lives in Washington. , -I ened. And when her arthritic knees and eters. She carries 25 pounds on her back, through baked deserts—far from smog- "I find what she does a bit odd at times, �; hammer toes start bothering her, she just and Wind,her 1-year-old alpine cashmere choked Los Angeles, which she calls but if that's what makes her happy, that'sF& grits her teeth and keeps marching toward pack goat,carries 15 pounds. "captivity." fine with me." -• the horizon.. "We humans, we're not designed for Johnson took her first stroll in the woods u r i ,,,,.-" r, Her days run according to sun time. She ind is a practical traveling compan- mgdern living," says Johnson. "We were at age 49 when a friend took her to AngelesI'll �., rousts herself from her sleeping bag when ion, foraging for her own food and designed to roam around." National Forest one December weekend. �+ " ` ' the first rays pierce her ten° and marches following unswervingly at Johnson's heels. In seven years,she has logged more than She saw the snow-covered Mt. Baden- until the golden orb melts into the horizon, She understands six commands: stop, in, 15,000 miles on some of the country's Powell rising 9,400 feet in the distance and _ ' V when she relishes a freeze-dried dinner come,no,stay and OK (to calm her down). h shest treks. told him,"That's where I want to go." ; ,�" near a cam,�f_.c. After beingseparated from her leader ,With her slight build, white buzz cut and With a pair of Kmart boots on her feet She's become a trail maven, and gives P �- ,� for any length of time,Wind affectionately heavy black glasses, Johnson has the and a bottle of Dom Perignon she huffed lectures at the Sierra Cluu and A-16, a greets Johnson by rubbing against her legs gentle presence of a favorite,yet eccentric, and puffed her way up the mountain in a car;i_.More in West Los Ange'es. is , like a giant cat, or by nuzzling her cheek, I'iaunt. She speaks softly and spices her foot of snow until she stood triumphantly - Gear companies use her to test products dialogue heavily with"honey"and pats on on top,where she saw the Palmdale desert„ # ° 11,11 ranging from prof bP t S, t, while Johnson clucks over her like a At.er.- �� mother hen. the arm. stretching to the north and the glitter of � �b asugg-st; Crr�r_ M.i ta,in P ,��Ctz, a Between trips, she stables Wind, her Los Angeles to the south. After chugging backpack manufacturer, designed a On the road, the pair bunk in the van goat,with an acquaintance in Sunland,and the bubbly to celeLrate,she promptly took womcn's pack with a canted wa,st brit and t t" _ --Johnson it her handcrafted bed, -beds down in a parking lot across from a a nap in the snow from exhaustion. y�'; ' adjustable shoulder harnos.ses Wind in hers—and Johnson says the 24-hour gym in Pasadena where she "I was totally hooked," she said. "I'd F "She's a hard-core Iaciy,°' said company animal is clean and quiet. � t h. showers and keeps her muscles limber.Her trade it." - �:�' - owner Way f;=,Ci "`She tot il`y blows "She chews her cud once in a while,but 'niionthly Social Security check of $600 is She took a mountaineering course at the 'r' 4� '` � everybody away rn thr outdoor in(ustry." I l I " , , she doesn't snore,"Johnson joked. s{eat on fuel and camping supplies. Sierra Club and't ought proper gear. Johnson, 66, ca!!; t'1-,.1 lif, ' cap+?•nit;.•", And she has used sic bacl.g uui:;l ill When she's too weak to hike anymore, ,, "Instead of.doin; all of this when I was Since the:,, sh==^'a r..,:�u the 270-rn;le t,3 rl design to In-,-er* a fC j t' �.; of k-_ awn, She has ,�l'^.., �1�' ' th_:n t ,0f?�` di _�. g J�hcson says she plans to Cash ill some, ;young,I'm doing it now,"she says."I need John Muir Trail, the 2,600-mile Pacific including a hghtwjigr,c tet,t,a 'Aster L:ALLic: 'f4 do this so'I don't say one day, 'What Crest Trail and the 2,1 v-mile Apnalachi»= holaer and seamless polyp-oP y-lene 0oth:^s rn�.tt i,: fun s Ste mh xi,+^d froTM her p.nr r;: Trail—all solo. part of e rely''Lh,+8,. that won't chafe skin—items she even- eats and build herself a little tog cabin tier children have accepted the fact that "I love being alone.When:you're with a De>m•t� bee bil,'~e- 's c,mcerns for her tually hop«s to p_;tt i_t. somewhere along the trail. ;heir mother doesn't knit and bake cookiFs, grow; of peop'.e, you're part of a group;" safety, she says she's safer in the woods Her latest big adventure is a second With a big pasture out back for Wind,of although they do worry about her safety. she says "When you're by yourself,you're than in the big ct ,. jaunt down the Pacific Crest Trail. During course. N Mrt c 1I .,� i s fr,, 5 ( . .. . r��, Static F .L-L inds Satisfaction�- $ . 11V . I .1 " ., . 11 I � I With LCommunities 9-�A��If�_ - 1$ ,,, � � 1 U,�4t,�,_r r High-Tech Towlels v �i '1 11� � "'W"I - ''I J. I �1. I � ,, - t 1,,,, I . I I� " 1",1111s�",�,-�,� - , _17�,� , , 4 County residents continue to see P�4 ;3��c,' "��i facades to hide recently installed Services: Despite Env1:,;: i::+... Dressing, y 1 that the main problems kids have digital cable boxes. �11 f 'x general contentment of to face is the quality of schools, 0 id ltemias as tre"OC Seal Beach in 1996 decided to use ,,x v: I,.; j teachers and health care." its beloved Cit Hall clock tower as ` , t4 ` z L.A. County residents, hiding tt�t 1 � in steeples Y Founded in 1915, the foundation a site for Pacific Bell's cellular ,- I t many are concerned about is the city's oldest charity,offering ,�tiSlncsscs�1nd Ways to telephone relay equipment. The I'0!�11,h 1 r grants to groups involved with ' equipment was tucked inside and �14 CClflle, education and such concerns as education, hous- ir+stall �C"_e =-.:_ill?+-'- * painted to match the tower's ex- ! 1 . P ,� �r bacilli Care, ing, health care and the arts. The Without creating eyesores. terior. ft'�' t . i t, t survey was commissioned for For three years, the obelisk at �' s W 1. $35,000 to "help direct and focus �YJULIE T Edwards Irvine Spectrum has �` '` `,l t By SUSAN AB1�AM our rant activities," said Parachi- AMAKI housed ATRT'S cell phonf appara r': TIMES STAFF WRITER g TIMES STAFF WRI ILK ,' _ t ni, and to draw attention to serv- tun."It is a landmark of sorts,"said Y M R '` Los Angeles County residents ices in the county that need the s he glided past the water Paul Brady Jr., Irvine's city man- �11.!, * w , � � are generally satisfied with their most assistance. A a er. "Ever bod 's been leased11 "` g Ysquirtinb elephants, lush g Y Y P communities as healthy places to Data collection survey was based L;" .W _ with its a earance.' i,. - faux palm trees and pro 1 PP live, despite looming concern on telephone interviews with a ing tigers at Disneyland,Al Lands The nation's churches have been k _ r w, ' ""4 about crime, public education and random sample of adults. The sur- ni had an epiphany, singled out by the cellular phone ,, .r,'' A. ,: health care for children, according Vey has a margir of error of plus or The Los Angeles zoning admin- industry as particularly gracious g g h, to a survey to be released Monday. minus 4 percentage points istrator had grown weary of trying hosts for their antennas. V'�" Conducted by the Field Re- Not everyone had protler S with to balance the concerns of home The technology- is often hidden $-, TA search Corp., the survey shows public schools. d owners against the rights of cello in giant crosses or specially builtti ; - , that of the 803 people interviewed, Forty-eight percent rated the, lay phone providers to erect their steeples. Monthly rents are paid torr� 43% reported being "somewhat as excellent or good, while 45% towering antennas around the city. the churches,which use the money � fi satisfied" with conditions in their termed them fair or poor.And 63% But as he gazed upon the artifi- for social causes. 5 �;. community, and 39% "very satin- said the 180-day school year was cial fantasy world of Disneyland's We've found God," said Tim t I If °sp fled." The figures dropped when just about right. Jungle Cruise, 'Landini saw an Ayers, spokesman for the Cellular t; the respondents were asked about About a fifth of respondents with Telecommunications Industry i '" their community as a healthy place children said they have no health answer. ,i; �. "Why can't they make the an- Assn."We're building more church � i'. for children to grow up in, with insurance. tennas look like palm trees?" steeples than any other industry in t11 'i 39% somewhat satisfied and 29% The survey"identifies a number It turned out they could. Arid history." � ", �, s very satisfied. of extremes serious problems, they have. The flurry of new construct rlr r is i r+ ^ Y Y Y ;�°;,> 1. 'i Many of the concerns raised b such as health care access.And one Just this year, two cellular partially the result of the 1996 , ',' � respondents involved public in six adults knows an [elementary phoneantem�s disguised as palm Telecommunications Reform Act. P ' The federal law strictly prohibits schools, school child who is home alone" trees have sprouted in Winnetka, Y P `',' � , ., � More than two-thirds said they without adult supervision after and there are about 10 others local governments from shutting .z s ,af" ,, � were worried that children, were school,Parachiri said. out companies that want to provide ,, "� � elsewhere in the city.The cloaking h P - receiving inadequate education and When asked how they felt about wireless communication services in devices are just one of the many T � n= " f'i rn`t" preparation for the fu'_urre. About their communities, 73% of the r: mays that businesspeople are find an area and from banning cellular - . 1. , ,'," an equal number said they were respondents said they were con- phone towers on the ground that worried about children brie rna cerned about crime and law en- ing to mask technology. g b Some are embrrcing the tech their emissions are unsafe, leaving weapons to school. And about. the forcemeat, while 69% said they .iiique to avoid not-in-my-back- that power to the FCC. I same percentage agreed that were concerned about access to yard battles, while others do it But it allows cities to regulate DAVIDBOHRER/ Los Angeles Times schoo'.s should "play a larger role and the cost of health care. . the way the antennas look, and disguised as a tree. in providing basic health services Bilingual education,race relations •¢imply to create a mood. One Of these two antennas in Sun'sarsd is ,l "What we are doing intuitively With new companies racing to build such as regular check-ups and and purls and rec r'-a`c.n spa;^e were here,is to hide raw, urban edifices their systems, available sites are residents against cellular phone Councilwoman Laura Chick. Re- immunizations." among those issues ranked lowest in to bring comfort to the population," becoming scarce. providers over proposed sites. sponding to residents' concerns, Those findings were consistc .. importa_.ce, at 47%, 50% and 46%, WLandini said. "Millions of people hile cities throughout Landini mentioned his disguise Chick's office urges cellular phony- with attitudes on education in a respectively. Fifty-six percent said want cell phones;at the same time, Southern California have idea to consultants employed by providers to cloak antennas in- similar poll conducted statewide last they believed that the entei•tain- :w;they want a softer-looking city." been quick to pass ordinances the cellular phone industry, who stalled in highly visible locations in year by The Times, said Times Poll meet industry, including television, in Northridge and Westlake Vil- regulating the placement and ap- began researching the:po;sibi;ity. her coup :district, Director Susan Pinkus. In that sur- movies and music, had a negative ",Inge, visitors to outdoor shopping pearance of antennas, the Los An- "Whether I'm the father of that, "It's really about visual blight," vey, more than two-thi -'_a of the influence on young people's atti- i~enters enjoy music beamed at geles City Council has yet to do so. I don't know. But to ale it's a way Chick said. 2,804 respondents said California tudes. them from speakers shaped as As a result, the decision-making of reducing urban stress," said "If they are something that peo- schools provided ina,�_:,.:._- edu--- Fifty-five percent of the respon- cocks, which are also expected to process has largely been left to city Landini, a San Fernando Valley pie are going to be seeing or. a tion. And people in Los Angeles dents agree that contraceptives crop up at shopping centers zoning administrators like Landini. resident. "What makes your day regular basis, then they should County were no drffezera,she said. should be more readily av iktbl�s to tslanned for Cair;basas and the Landini whipped up the palm stressful isn't palm trees, it's the blend into the landscape." Allan Parachim, vice president teenagers, while 40% say that sex _:'`Farmer,Market in Los Angeles. tree concept about three years ago hard edges." of the California Community Foun- education programs in the schools hrough)A Ventun County, GTE after growing tired of meeting Reducing eye pollution has also Tlmn star* wr,t+m, Yaterle Burgher dation, which commissioned the should he limited to discussions of ,-has instilled huneeds of rock after meeting pitting disgruntled been a goal of Los Angeles City contributed to tins,story. Field study, said, "Los Angeles abstinQnce. . . . - $$ SUNRAY, JULY 12, 1998 LOS ANC-L—La TN : 4 MET O NEWS , N 'EA . . t � N� ® I t it for a World of Misfortuncs �ontinued from Bt flooding that caused garbage homes and left two men dead. In that same storm,two Pomona keted a $19.95 battery-operated guest Billy Crystal respond) . .Glantz is a veteran El Niflo dumps and sewage ponds to over- "I ended up doing the breast- College sophomores were killed on animal toy that wears a badge "Well,you know,Eli. N�'c-" researcher who this week will flow. stroke in the mud," recounted their way to class when a eucalyp- saying, "My name is El Niflo. You Claremont educator Susan Nt Convene a'symposium on El Nii1o's El Niflo is blamed for drought Elden Seterholm,74,who survived tus tree toppled and smashol into can blame everything on me,"and son joked about difficult parLra_ little sister, La Nifla, in hopes of conditions that led to stubborn one February onslaught. their sports utility vehicle. emits a wolf whistle when any- the spring edition of Webb Schoi helping determine what that forest fires in Mexico,Australia and Heavy surf blamed on El Niflo Tornadoes spawned by El Niflo thing crosses its path. Magazine: "The El Niflo parent weather phenomenon can be Indonesia. And the Indonesian storms caused one house to col- conditions knocked a 70-foot-tall A clothing firm held a sale, blows a lot of wind, makes wavy blamed for. fires, which burned out of control lapse next to Broad Beach Road in acacia into a Long Beach home and announcing in an ad that "the causes a lot of damage,"she wrot You can't blame Glantz when he for months and caused smoke to Malibu in early February.Inland,a damaged a mobile home park in closing of our Orange County Researchers in Boston blamed says he's happy the weather cycle blot out the sun in parts of South- Chatsworth man died when his car Huntington Beach. g warehouse, and the terrible El Nino for making our days longer Is changing. He has routinely east Asia, have been tied by some plummeted 60 feet into a ravine "Everything that happened this Niflo storms, has caused an over- slowing Earth's rotation by almc Melded weird weather questions for to the Asian economic crisis. when a bridge collapsed after an El winter [was] El Niflo-related be- flow of the finest Italian clothing." one ten-thousandth of a second. the past year. Nifi rainstorm. g El Niflo was fingered as the cause it is part of what created the The 49'rs Tavern on Pacific An educator in Australia sul "`As a person who has been culprit for coffee harvest roblenis The same Ei Niflo storm felled.:3 weather Highway g g pa- gested that past El Niflo weath called b everybody under the sun, p p pattern over the United Coast Hi hwa began fining Y Y Y in Indonesia, the rising price of landmark 1,000-year-old oak in States," explained meteorologist trons 50 cents each time they cycles were probably to blame f `m gkd El Niflo is over," he said. palm oil in Southeast Asia and Encino. Two men were resets d b Steve Pryor of WeatherData, a mentioned El Niflo, Owner Kevin such historical occurrences as tl We learned a lot from it this year. sagging corn crops in China and helicopter from the top of a pickup firm that provides forecasts for Russell said he was tired of all the French Revolution and Europc One of the things we learned is we South Africa. truck that was washed off Caiifoi The Times. storm talk. Black Plague. don't know all we think we know A drought brought on b El Niflo nia 138 in the Antelope Valle area. about El Niflo." g g Y Y Lakewood school librarian Lau- As this El Niflo faded away, i cut into corn and bean crops in Mudslides created by an El Niliu Outbreak Of Jokes rel Daley told "Only in L.A." memory lingered on. Traffic wl One thing he's sure of,however: southern Mexico. And El Nific was deluge in the San Fernando Valleya columnist Steve Harvey that when jammed on the Ventura Freewa "Not everything being blamed on blamed for a drop in catches of ripped a 200-foot gash in a West By spring, EI Niflo was causing she asked Gompers Elementary last week as El Niflo-caused pol El Niflo is the result of El Niflo." anchovies and sardines off Peru— Hills hillside, sending a garage an outbreak of jokes.Some deliber- School children what season it was, holes were repaired on four soutt Take:hangnails,for instance. g sleddin down the slope which led to higher costs for cattle � and dam- ate,others not. one boy replied authoritatively: bound lanes in Woodland Hills. Computer users in a California farmers who use anchovies and aging five homes. Valerie Johnson and the Blues "El Niflo." And entomologists in Los Ar chat group that Glantz came across sardines as livestock feed in places Two California Highway Patrol Doctors recorded a catchy tune When late-night television host geles blamed El Niflo for an out were blaming El Niflo for an out- as far away as Ireland. officers died in late February whe•i called "Blame It on El Niflo," David Letterman commented on break of flies. break of hangnails. El Niflo flooding washed out part of which got air time on Dr. Demen- his show that he was "sick that Fortunately, El Niflo is also be Slightly more plausible was the Drought brought on by El Niflo California 166 and their car to's radio show on KLSX-FM. once again Barbra Streisand was ing blamed for an outbreak c contention of some in Montana that destroyed hundreds thousands El Niflo was to blame for an of acres of Colombiann corn, soy- plunged into a river. A Beaverton, Ore., firm mar- snubbed"by the Academy Awards, spiders—which eat flies. increase in snakebites,he said. beans and sorghum and reduced "The reasoning is because there lamb and cattle yields in New Zealand. CBy JACK PETER not nearly as much as the sponsors of the Action Chess (30-minute games) tourni was a dry winter, for Some reason , INTERNATIONAL MASTED recent Memorial Day Classic and U.S. ments every Sunday at 1 1 a.m.,and grant there was a plethora of insects and In California agricultural areas, Game/60 Championships. Will the Conti- master Eduard Gufeld follows with a simu the field mice followed them into El Niflo storms flooded farms, de- nental Open,which offers California's larg- taneous exhlbl,^o,at 3 p.m.and post-gam urban areas and the snakes fol- stroying strawberries, lettuce and est guaranteed prize fund of$75,000 on analysis(a rarity for simuls). For all of th artichokes. 8 y last weekend in Dortmund, German The Jut 22-26,buck the trend. details,call(213)883-0164. lowed the field mice and came in ' / y y ? In Ventura,fishermen,blamed El three-way tie for first by Michael Adams of Oscar Ma!donad: and Jack Peters scored contact.with humans," Glantz ex- i r y" England, Vladimir Kramnik ranked third in t t TODAY'S GAMES plained. Niflo for virtually wiping out last 7 /�i g ( 5/z /z to share first place in the Open sec- 1 the world) of Russia and Peter Svidier of tion.They drew their fourth-round encoun- Maldonado-Small,Pacific Southwes Like snakes following mice,peo- season's squid harvest. Warm 6 y Russia—all with 6-3—was overshadowed ter. Maldonado also won the brilliancy prize Open,Los Angeles Small, Pa if e4 e5 2 Nf. p coastal waters drove hundreds of surprising Ht& The Pe£rgeoff 1s 1998 1 tb? A'xe r . le all over the Country have / / , by the sun Isis failures of Viswanathan for his fifth-round victory over Gregg SmaL. ' t`A lkiq of '��%vn � ��F 3t-t.,',a 67 Anand of?nota andtS e, Shirov of S ain. To ex ert Genradi Titku a,d n?as:,r: Nxe5 d5 5 Bd3 Bd6 6 0-0 0 0 7 Nc; ri tbl�li �l'tt 1r uwn patiliways of r t 3� ' P P P colder logic to explain how F 1 Niflo has waters farther north in the $ �/�/� � ur �� Anand, second only tc Garry Kasparov in John I fill � Ord CI rw Smah tied for third at Against,I e t., ;I 7 c4,Black has tried boll affected them. Pacific. 4 'iE1111, % the world rankings, could not win a single 41;, 1!'_ Grur dun ::u, Ron Hanoian and ch and ; BxeS n dxef ivt.r; N game. He managed to wore 1 5 drnrl„,- Nxc3 A nxc3 Qh. N„I ,a s:ur ;r, ,I I,,, rr,« i ai ,+ g g Dennis i Llclr ut ads A honors.In South Carolina, heavy rains Farther inland in Ventura 3 // rr„ eight gar rd , Huy Lovur scored ,;�-v�to lead tit(-Anl,l u,,n I^«^,n,ti I,•.,,,'I >, left unusual amounts of standing County, El Niflo caused a 120-mile 2 the World C},us_1w,�;.'__. :..::s .:, , tea, Wl,t,^l l u„' y W, to Kas arov, finished ULad ia�A with �1 _ uavul a >h«,, w1u h J! water, which produced mosquito detour for mountain resider^ts � �/ �f�/ '"'/e•�;''" 6,/z p � � EdwardoSark;a�vJu�u t t 11,',I '"'`' t1vx:. s Rh i Ni-f ^.+ - jlarvae, which created clouds of north of Ojai.One of its s:urms sc,.o 1 ;;:ul- ..uru is t, proves. It , I � ! hungry mosquitoes,which is treat- a 200- and-wide slab of d ' Alexander Goldin scored a sensational Gruspe,Michael Jeftroys and Max Linuaw, Queen by v �;, .6 c -A..C4 Y a b e d e f g h 8yz-'/z to win the$14,000 first prize at the tied for best under-1600;Brian Ofalla,best 12 Bxc4+Kh8 13 Rb5. 10 g3 Qh3 11 Re] ing a miserable summer for those stories high across California 33, World Ope last weekend in Philadelphia. under-1400; and David Gee, Joseph ffi Mai- . . . who enjoy backyard barbecues. closing it to traffic. July 12,1998 Goldin, the Russian grandmaster best lander,Chris Moore and Briar Wanglin,best i2 Nxe Nxe Qf5 135 This tim im e, I Qe6 14 Nxc6. 12 dxe5 f6?? fails to 12 El .Niflo almost closed down known to local fans for winning the 1997 unrateds. Lake Havasu City. It was blamed Position ng5489:Black to play am,wir American Open,gave up a draw only to GM The next SMBCC event,a six-rounder on Qe6 13 f313??He must retreat by 13 . . . Link Disease from the ame Anand Kr Gloria Ilya Smirin of Israel,who finishes second at Monda .Qd7. 14 Rxb7l Reiying on Llrik t0 for Sending in a swarm of grass- Game/25,Fitz i,f ^{ 1998 y evenings,starts July 13.The club 14. . .Bxb7 15 Bf5.Bc5 15 Ru3 F1g4 16 hoppers that swept across the 7/2-1/s.The group at 7-2 included IM Alex- meets at 7 p.m. Mondays in Joslyn Park, Qf4 f6 17 Bea Nullifying Black's counter hoppers 1n Poa d5 White ander Stripunsky(New York)and GMs Suit 633 Kensington El N>flo is blamed for outbreaks gton Drive in sant;Men, r,r y,r,t ,,,,n l«'r ll I; Colorado River and Covered the wins with 1 E?i.G .,...:;.(r,o, ;I. .Kf6 Atalik(Turkey), Larry Christiansen (Massa- Mike Whrtr.tr ,,lln .tat �n t -, , I v I��' )a`` of Lyme disease on the East Coast walls of businesses in the tin 2 d8r,Fie: i h irlatu - - hAu., r`e Hac3 fx, t" .=l I!,r Y Q Q ` I tlxfa+Kg5 chusetts), Vladimir Epishin (Russia), Dmitry f,mi,l and deadly hanta virus in the tourist town in April. (forced,as 2. . .Kh5 gets mated b 3 Gurevicn Illinois Cilherte I lerr,r 1, - txes i f o r r y (Illinois), T!,t. . li;6-. ` Southwest. How? Its rains pro- It was also blamed for the inva- g4+Kg5 4 h4+)3 h4+!Kin rwor�e ark � (Mexico)and Al,�,ti� Gfram fun t;l wke, Idue Jul 1b ;n Flr,t p p p Y bernitie or I Iibr lid; Her' And iris duced thick grass, which led to sion of pelicans that brought traffic • • .Kf4 4 Qxf7 mat= and 3'. .Kh5 r, Continental_i;c��iwir iw i o u ur L Aherdn church Hill, 13oo L.Colorado st bold 18 . . . Rx12 19 Bxf2 Bxf2+20 Kxf2 bumper crops of rodents, which to a halt, on the streets of Arica, g4+ Kh4 5 Qh6 mate) 4 94 h6 5 g5+1 prize money, making the tournament, as in Glendale. Any student in grades K-12 Qxh2+21 Ke3 Qh6+22 Kd4 c5+23 Kxdr, r' produced hordes of ticks that Carr hxg5 6 Nh2!Qe I; 7 Kg2 gxh4 8 Ng4i usual, the world's most lucrative open. may enter the Championship section,while Rd8+24 Kc4 leaves Black a Rook behind, Y Chile. Kg5 9 Qh6 mate.Much less convincir, More than 1,400 entrants and re-entrants students in grades K-6 who are rated below Lyme disease and hanta virus. with no threats. n Bxcth 0. . 20 Rxe a 3r El Niflo storms caused flash is 5 Nh2?Qe3+6 Kg2 g5 7 Qxh6-?•Kt:? competed,the second-best attendance in 1000 or unrated may enter the Junior Var- Rc8 Black lasts longer with 20. . .Bdl 21 El Niflo is blamed for causing flooding in Bala California in early 8 Qxg5+ Qxg5 9 bier ,:, .M1}_:; E;,_ the tournament's26-year history. sit section. For full details, call Nshan malaria in places like Bolivia, and Februar� that killed 13 people and y Bxfs KxfA, but either 22 Rb7 or 22 Rbs+ y p p will mar 1 LOCAL NEW; Keshishian of the sponsoring A I Are rl ar Kl; 13 kb,' K16 2414 well win+ol white.21 for a cholera scare in Ecuador an(! damaged hundreds of homes in Assn.at Peru. Malaria came from higher- _ Rb7 winnin H!,,, .,f���, l d,r^r d air g Tijttan2,and ROSiI1'it0. The Pac!fl n tith d lul} 1? t ,^_,1 --- .._. 22 Ru7 fipl (' 23 than-normal nt1t7f1Seg Of mOs lli INTERNATIONAL NEWS tradition sun c I-C.,,aL_------ - - el In Laguna Beach. annthnr El F' i d, I ra,shlur, LeViild I unndu of Nd- Rg5 gG 2,11 r toes spawned in standing rain- Nlf!C' starch was blamed for mud- Its lowest turnout in many years. Ilia spun than ll,llo trod for lust ul i,lst ,urlday ,t,,n Bl t l,y . !...,. 'Water. Cholera was Two of the vro�+ a 5 a! - - _, so Ing manta Munsca Ua Chess t,lub '" y Spread by slides that damaged more than 200 la liar wI' ir: _ -- r�,, y narnenc ac mess Academy, i33 N La Rxgsw Krs ur 2 . . . hub<b bay mate. ' g p ➢ y _.;c_ (SME3-_ -_:.r_ un tp event,aLhou h ,w �; fci a — � g Brea Ave. ,n Hollywood. The Club condeCts 26 Rh7s,Black Resigns. . � u t • r 4 rlit. 6 w ;AF.F UCkS and a % r N vf" THE TIMES l '�d •7 � Y 1n 9 t X a�'h� � ,3 Yr .% x,.as q�.<r. 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