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HomeMy WebLinkAboutORD 817ORDINANCE NO. 817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RELATING TO COMMERCIAL COMMUNICATION TOPERS AND COMMERCIAL CO24KUNICATION ANTENNAS; AMENDING CHAPTER 25.04 "DEFINITIONS" TO PROVIDE FOR DEFINITIONS OF COMMERCIAL COMMUNICATION ANTENNAS AND COMMERCIAL COMMUNICATION TOPER; 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 TONER 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: 4.202: "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 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 cormunications 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 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 Purrose and Intent. The regulations and 3 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: (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. (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 ORDINANCE NO. 817 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: (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 F1 ORDINANCE NO. 817 Chapter 25.72 of the Code. (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 residentially zoned lands or residential uses SEPARATION DISTANCE a minimum of 300 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 October 10, h ORDINANCE NO. 817 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. (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. V 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 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. (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 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 ORDINANCE NO. 817 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 t'p 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. The Planning Commission may approve exceptions relative to: (a) zoning districts. on which commercial communication towers and commercial communication antennas may be located; 11 ORDINANCE NO. 817 (b) height of building communication antennas; mounted commercial (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 Strutture" 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.: 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 ORDINANCE NO. 817 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 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 ATTEST: -D I SHEILA R. GILLIGAN,'CITY CLERK City of Palm Deser California 0" WALTER H. SNYDER, yor 13