Loading...
HomeMy WebLinkAboutCC Reso 2019-14 - Adopting Aesthetic Guidelines for Deployments of Wireless Telecommunications Facilities1 1 1 RESOLUTION NO. 2019- 14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING AESTHETIC GUIDELINES FOR DEPLOYMENTS OF WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY OF UKIAH. WHEREAS: 1. Federal Communications Commission adopted regulations ("Regulations"), effective January 14, 2019, implementing a Declaratory Ruling and Third Report and Order ("FCC 18- 133") by the Federal Communications Commission regarding small wireless deployment and interpreting the requirements imposed on local governments by the Telecommunications Act of 1996. 2. The Regulations published in 83 Federal Register at 51867 give local governments that wish to enforce aesthetic requirements on wireless facilities until April 15, 2019, to adopt them. Any aesthetic standard adopted by cities must be: "(1) reasonable; (2) no more burdensome than those applied to other types of infrastructure deployments; and (3) objective and published in advance." 3. The wireless telecommunications industry has expressed interest in submitting applications for the installation of "small cell" wireless telecommunications facilities in the City, particularly in the City's public rights-of-way. 4. Aesthetic guidelines for wireless telecommunications facilities are needed to ensure consistent evaluation and uniform application of standards which are in compliance with the Telecommunications Act, which states that the City "...shall not unreasonably discriminate among providers of functionally equivalent services..." Further the Act states "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 facilities." 5. Aesthetic guidelines for wireless telecommunications facilities in the City are necessary to protect and preserve the aesthetics in the community and to ensure that all wireless telecommunications facilities are installed using the least intrusive means possible. 6. The City Council at its regular meeting on March 20, 2019, adopted the provisions of Ordinance No. 1192 which authorized the City Council to adopt and amend by resolution aesthetic guidelines for wireless telecommunications facilities in the City of Ukiah, which ordinance became effective on March 20, 2019. 7. Staff members from the Legal, Community Development, and Electric departments, with input of a representative from the telecommunications industry, have drafted and reviewed aesthetic guidelines for deployment of wireless communications facilities within the City of Ukiah. 8. The adoption of these aesthetic guidelines is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because there is no possibility that it may have a significant effect on the environment; and 9. The adoption of these guidelines is consistent with the applicable goals and policies of the General Plan and Ukiah Valley Area Plan. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED that the guidelines attached in Exhibit A are adopted to provide aesthetic standards for the deployment of wireless communications facilities in the City of Ukiah PASSED AND ADOPTED this 3rd day of April, 2019, by the following roll call vote: AYES: Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren NOES: None ABSENT: None ABSTAIN: None ATTEST: `--1r Ai. w Kristine Lawler, City Clerk Maureen Mulheren, May Page 2 of 2 1 1 1 EXHIBIT A City of Ukiah Aesthetic Guidelines for the Development of Wireless Telecommunication Facilities Adopted April 3, 2019 APPLICABILITY: The following guidelines apply to all wireless communication facilities in addition to obtaining all necessary permits and paying any required fees. Government owned communications facilities used exclusively to protect public health, safety and welfare are encouraged to follow these guidelines to the extent possible or practicable. These guidelines have been developed to protect and preserve viewscapes, protect gateways, and create attractive public places and buildings per the General Plan's Community Design Element. BACKGROUND AND INTENT: These guidelines include requirements to minimize the visual impacts and aesthetic concerns about wireless communications facilities and encourage co -location of those facilities, consistent with applicable federal and state law. These aesthetic guidelines should be used with the applicable provisions of the Ukiah City Code, but serve to provide specific standards and overall guidance for stakeholders involved in the design and development of wireless communications facilities in the City. The City Council can revise these guidelines by resolution. Public notice of any such proposed and adopted changes shall be provided as required by law. The guidelines are designed to protect and promote public health, safety, community welfare, zoning integrity and the aesthetic quality of the City of Ukiah, and to minimize the adverse aesthetic impacts of wireless communications facilities, in conformity with goals and policies of the General Plan, while providing for the communications needs of residents, business, visitors and government within the City. The increasing number of wireless communications facilities, including, but not limited to, the anticipated deployment of 5G networks, has significant potential for visual impacts within the City of Ukiah. Wireless communications facilities are a vital link in the local emergency response network and in the general communications needs of residents, businesses, visitors and government within the City of Ukiah and their deployment is encouraged by federal law and the Federal Communications Commission. Structures associated with wireless communications facilities, including antennas, antenna towers, lighting, equipment shelters, generators, fences and access roads can interfere with views, natural vegetation, quiet seclusion, scenic values and quality of life. The cumulative effect of numerous facilities being developed by competing communication services providers can create unnecessary visual impacts through the development of separate redundant facilities. As such, wireless communications facilities shall be sited and designed to minimize impacts on neighborhoods, vistas, and natural resources to protect public health, safety and welfare. The City recognizes that guidelines for wireless communications facilities permit applications are needed to ensure consistent evaluation and uniform application of standards which are in compliance with the Telecommunications Act of 1996, which states that the City "...shall not unreasonably discriminate among providers of functionally equivalent services..." Further, the Act states "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 facilities." The Federal Communications Commission's Declaratory Ruling and Third Report and Order interpreting the Act took effect January 14, 2019. The Declaratory Ruling states that local agencies may impose aesthetics requirements on wireless communications facilities and that these requirements are not preempted by the Act if they are (1) reasonable, (2) no more burdensome than those applied to other types of infrastructure deployments, and (3) objective and published in advance. These requirements prescribe clear, reasonable, and predictable criteria to assess and process applications in a consistent and expeditious manner. The purpose of these requirements is to assure a degree of uniformity and consistency in the wireless communications facility review process and provide direction to applicants, service providers and their consultants in regard to the types of facilities that are 5 AESTHETIC GUIDELINES FOR THE DEVELOPMENT OF WIRELESS TELECOMMUNICATION FACILITIES encouraged, as well as the types of facilities that are discouraged and/or will not be supported. The purpose is also to require all wireless communications facilities to minimize visual and aesthetic impacts by providing for installations that are designed carefully to maintain or improve upon the aesthetic quality of the site and surrounding area, by utilizing, to the extent feasible, the best siting, design, equipment, and construction methods and the smallest and least intrusive antennas, components and other necessary equipment available. As further detailed below, to the extent possible, the applicant shall conceal or minimize the visual impact of the wireless communications facility(ies) through integration. Integration with existing structures or among other existing uses shall be accomplished through the use of architecture, landscape, and/or siting solutions. STANDARDS: Standards for siting and building requirements and aesthetics are provided to help achieve a project that is consistent with the purpose and intent of the guidelines. It is the intent that these guidelines be followed to the greatest extent possible, recognizing that exceptions may be warranted by circumstances unique to specific applications. Whenever an applicant cannot comply with the strict application of these standards, it shall have the option to apply for a discretionary permit. 1. General: a. Communications facilities shall be co -located, in a stealth manner, with an existing wireless telecommunications facility, whenever possible. If not possible to co -locate, facilities shall be located on existing structures or buildings, or on new facilities that are stealth facilities or located so as to be visually unobtrusive. Co -location is not required when it creates or increases adverse aesthetic effects and/or technical evidence demonstrates to the satisfaction of the City that it is not feasible due to physical, spatial, or technological limitations. Fiscal constraints or competitive conflicts are not considered justifiable reasons for not co -locating a new facility where the opportunity for co -location exists. b. If it is not possible for a wireless communications facility to be a stealth facility, a concealed facility may be installed instead. In principle, facilities seeking approval under this category must be designed such that they would be supported irrespective of the equipment they seek to conceal and in a manner consistent with other adopted plans or design requirements or guidelines as applicable. In that concealed facilities often seek to mimic, recreate, or expand upon existing site or architectural features, colors, and materials, applicants are required to provide samples of the materials the applicant seeks to duplicate and compare those samples against the existing site features. c. Highly visible sites and sites within or near residential areas or schools are discouraged and will only be considered when there is compelling evidence that no other feasible alternative exists. Where possible, wireless communication facilities should be located in Industrial, Manufacturing, or Commercial zoning districts. d. The design of communications facilities should promote co -location among different communication services providers. To the extent feasible, lease areas, antenna towers, and equipment structures shall be designed to provide for the consolidation of future facilities to eliminate or minimize the visual clutter resulting from multiple communications structures. Applicant shall not enter into a lease that precludes possible co -location. e. Existing facilities should make available unutilized space for co -location of other antennas and equipment, including space for competing communication services providers. Page 2 1 AESTHETIC GUIDELINES FOR THE DEVELOPMENT OF WIRELESS TELECOMMUNICATION FACILITIES f. If use of any portion of a communications facility is discontinued for more than one year, such portion of the facility no longer in use, above grade, shall be completely removed from the site and disused portions of the site shall be restored to a natural -appearing condition. g. No signs, other than those required or necessary for the safe operation of a communications facility shall be displayed on a communications facility site. h. An identification sign for each company responsible for operation and maintenance of facilities at the site, not larger than two square feet, shall be posted at a location from which it can be easily read from outside the perimeter of the communications facility, and shall provide the name, address, and emergency telephone number of the responsible company. i. All wireless communications facilities shall comply with the applicable provisions of the California Building Code, National Electrical Code, California General Order 95 and General Order 128, California Plumbing Code, California Mechanical Code, California Fire Code, and rules and regulations imposed by local, state and federal agencies. j. Towers shall not be built with guy wires in the absence of compelling evidence that there is no feasible construction alternative. k. Roads constructed or improved to provide access to a communications facility shall be provided with drainage facilities sufficient to convey storm runoff to natural drainage channels to prevent erosion. I. Generators shall be equipped with mufflers and spark arresters, and shall not produce noise levels exceeding 50 dba at the nearest off site residence. Routine testing and maintenance shall be limited to weekdays between 8:30 a.m. and 4:30 p.m. Repairs and emergency use are not included in this limitation. m. Antenna towers shall be subject to any setbacks required by the City Zoning Code. 2. Small Cells a. The above General Standards (Section 1) and Sections 4.b -I, 5.d -g and 6.c do not apply to small cell facilities in the right-of-way or installed on City owned facilities. b. Small cell system components may not be located on any poles, improvements or structures of any kind, whether within or without the right-of-way, that are located within one hundred feet (100') of any traffic light controlled intersection. c. Where City -owned poles or structures exist that can be made adequate for the attachment of equipment, an applicant may not install new poles or structures or create a parallel path or route for its equipment. However, an applicant may install additional poles or structures if necessary to complete a path or route where existing City -owned poles or structures terminate. d. Should a street light be selected for use, the street light must be replaced with a pole suitable for concealment of small cell equipment and battery backup equipment inside the pole. e. Should a wooden pole be selected for use, the small cell equipment and battery backup equipment should be concealed in a pad mounted cabinet if feasible, subject to the requirements of Section 2.1. Page 3 7 AESTHETIC GUIDELINES FOR THE DEVELOPMENT OF WIRELESS TELECOMMUNICATION FACILITIES f. The diameter of the antenna shall not exceed the diameter of the top of the pole, and to the maximum extent practical, should appear as a seamless vertical extension of the pole. g. Antennas shall be cylindrical in shape. h. Color for all antennas and equipment cabinets shall match the color of the pole. i. All cables shall be concealed within a sleeve between the bottom of the antenna and the mounting bracket. j. Equipment cabinets may not exceed 7 cubic feet in volume if the cabinet is pole mounted, and may not exceed 28 cubic feet in volume if the cabinet is pad mounted. k. Equipment must be mounted directly behind any road signs located on a pole when possible. I. If the equipment is not mounted on a pole, the equipment shall be placed so as not to impede or impair public safety or the legal use of the right-of-way by the traveling public, including equal access requirements of the Americans with Disabilities Act (ADA). m. Equipment cabinets mounted on the pole shall be cylindrical or rectangular in shape, and shall be no wider than the maximum outside diameter of the pole to which it is attached, to the maximum extent possible. 3. Removal of Abandoned Equipment Any and all equipment, or components thereof, that ceases to be in use for more than ninety (90) days shall be removed by the applicant, provider or property owner within one hundred twenty (120) days of the cessation of use. Any new permits will not be issued to an owner or operator for a Wireless Communications service until the abandoned equipment is removed. Upon removal, all infrastructure must be returned to its original condition. For example, poles and sidewalks from which equipment has been removed shall be restored to their original condition or better. 4. Visual Appearance a. All exterior surfaces of structures and equipment associated with a communications facility shall be painted the same color as the pole or structure they are mounted on and shall use non -reflective materials. b. New wireless communication facilities shall not be located where they will be visible from highly used public locations such as a public trail, public park or other public outdoor recreational area or historic area, unless supported by a finding that it blends with the surrounding existing environment in such a manner as to be effectively unnoticeable. c. Facility towers, antennas, buildings and other structures and equipment visible from adjacent residences or public vantage points, shall be designed, located, constructed, painted, screened, fenced, landscaped or otherwise architecturally treated to minimize their appearance from off-site locations and to visually blend with the surrounding natural and built environments. d. Faux trees are effectively a tower facility camouflaged to resemble a tree. Design of these facilities should include an assessment of the appropriate tree species, shape, and size, as well as the quality and longevity of materials (branches & bark), color, and finish in consideration of the facilities' surroundings. Detailed specifications must be provided. In Page 4 1 1 AESTHETIC GUIDELINES FOR THE DEVELOPMENT OF WIRELESS TELECOMMUNICATION FACILITIES addition to the general review criteria, all faux tree facilities shall comply with the following standards: i. The tree species shall be selected based on its proposed surroundings and ideally placed in an established grove of trees of comparable size, height, species and shape as the proposed. ii. Faux trees utilized must replicate the shape, structure, height, and color of live trees. iii. The canopy shall completely envelop all tower -mounted equipment and extend beyond the tower -mounted equipment at least 18 inches. iv. The canopy shall be naturally tapered to mimic the particular tree species. v. All faux trees must incorporate a sufficient number of branches (no less than 3 branches per foot) and design materials so that the structure is as natural in appearance as possible. vi. Where branches are connected to the pole, the branches shall make a seamless connection with the faux bark cladding. vii. All tower -mounted equipment, including, without limitation, antennas, equipment cabinets, cables, mounts and brackets, shall be painted flat, natural colors to mimic the bark or branches of the particular tree species based on the predominant backdrop. viii. All antennas and other tower -mounted equipment cabinets shall be covered with leaf or needle "socks" to blend in with the faux foliage. ix. The entire vertical structure shall be covered with permanently -affixed three- dimensional faux bark cladding to mimic the particular tree species. x. All coaxial cables must be routed directly from the ground up through the pole. e. Tower facilities include monopoles, lattice towers, guyed towers, freestanding towers, and/or other structures (other than faux trees) are to be designed to support antennas. Towers shall be designed to architecturally blend with the building, structure, and/or setting in which they are proposed. Towers shall be built at the lowest height possible. For flag poles, antennas must be enclosed within the pole or a radome. The wireless communications facility(ies) must fully comply with the U.S. Flag Code. All cables must be routed directly from the ground up through the pole. The overall height and diameter of the flag pole must be compatible with the surrounding area. Decorative elements must be included in the overall height measurement. f. Outdoor lighting shall be kept to a minimum. Towers requiring FAA lighting are discouraged. Tower lighting, if approved, shall be the minimum required by FAA regulations. Towers requiring strobe lighting shall be prohibited. Other outdoor lighting shall be designed or located so that only reflected, non -glaring light is visible from beyond the immediate vicinity of the site, and shall be turned off except when in use by facility personnel. g. Satellite dishes and other parabolic antennas shall be located in the least visible functional location on the site. In general, preferred locations will be close to the ground, on a wall below the roofline, or back from the edge of a roof. h. Towers located in open areas are encouraged to utilize existing vegetation to screen the facility's presence. Clearing should be limited to the minimum area required to accommodate facilities. If no open area is available, justification for the specific site must be provided. Page 5 9 AESTHETIC GUIDELINES FOR THE DEVELOPMENT OF WIRELESS TELECOMMUNICATION FACILITIES i. The grouping of two (2) or more towers close together is strongly discouraged; however the grouping of towers is acceptable if the visual impact is lower than other alternatives. If towers must be close together, appropriate camouflage and concealment techniques must be used. 5. Landscaping: a. Existing trees and other vegetation, which will provide screening for the proposed facility and associated access roads, shall be protected from damage during and after construction. b. No trees that provide visual screening of the communications facility shall be removed after project completion except to comply with fire safety regulations or to eliminate safety hazards. Tree trimming shall be limited to the minimum necessary for operation of the facility. c. Areas of bare soil resulting from construction shall be replanted with vegetation compatible with that existing prior to construction, sufficient to stabilize soil and prevent erosion. d. Additional landscaping shall be installed and maintained where it would provide a useful reduction in the visual impact of a communications facility. Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the project area. Non-native drought tolerant species compatible with surrounding vegetation may be used in urban settings. e. Vegetative landscaping, which uses a mix of native trees and shrubs of various heights and sizes and is placed in a "random" pattern to appear more natural is strongly preferred when landscape screening is warranted. Please refer to the City of Ukiah's Tree Management Guidelines for direction. f. The applicant shall enter into a landscape maintenance agreement with the City to ensure the installation and maintenance of required landscaping. Failure to maintain landscaping shall be grounds for revocation of the use permit. A surety bond shall be required, where deemed appropriate, to insure maintenance of landscaping (existing, native vegetation or new required landscaping). g. Communications facility sites, whether leased or purchased, shall be of sufficient size to include vegetative screening if landscaping would provide a useful reduction in visual impact. 6. Public Health and Safety: a. Communications facilities shall incorporate reasonable security measures to prevent unauthorized access or vandalism commensurate with measures used by existing equipment, when wireless facilities are co -located on an existing antenna tower owned or used by the City. b. Communications facilities shall comply with any applicable California Department of Forestry Fire Safe Regulations and local fire agency requirements. c. Equipment buildings and enclosures shall be equipped with automatic fire extinguishing systems acceptable to the responsible fire agency. d. All antennas and antenna towers shall comply with wind loading and other structural standards contained in applicable building and technical codes, industry codes, and manufacturer standards so as not to endanger the health and safety of residents, employees or travelers in Page 6 1 AESTHETIC GUIDELINES FOR THE DEVELOPMENT OF WIRELESS TELECOMMUNICATION FACILITIES the event of structural failure due to extreme weather conditions, seismic events or other acts of nature. e. Communications facilities intended to provide services for the benefit of the general public during an emergency shall be designed to survive possible storm or seismic events without interruption of service. f. The Wireless Communications Facility must comply in all respects with the applicable current standards of the American National Standards Institute (ANSI) g. Antennas and antenna towers shall be inspected every ten years, and following significant storm or seismic events, by a structural engineer licensed in the state of California to assess their structural integrity, and a report of the engineer's findings shall be submitted to the Department. Costs of the inspection and report shall be borne by the applicant. h. Prior to commencement of operations, all surplus construction materials and debris, including cleared vegetation, shall be removed from the site to a proper disposal facility. Thereafter the site shall be kept free of refuse. DEFINITIONS: The terms used in these guidelines shall have the meanings here listed. Definitions for the listed terms from other sources shall not take precedence over the definitions here listed for the interpretation of these guidelines. 1. Antenna. A device used in communications designed to radiate and/or capture electromagnetic signals. 2. Antenna tower. Any pole, tower, or other structure, over 10 feet tall, erected for the purpose of supporting one or more antennas. 3. Building -mounted. Attached to and supported by a building or other structure more than 10 feet tall, other than an antenna tower. 4. Co -location. The installation of antennas operated by different entities in close proximity so that use of substantial elements of the facility such as the antenna tower, equipment shelter or fenced enclosures are shared. Co -location includes replacement of an existing tower with one capable of supporting additional antennas. 5. Concealed Facility. Wireless telecommunications facilities that result in new site or architectural features being added to a property in a manner which complements, enhances, or seamlessly integrates into their surroundings. While this category of facility design allows for limitless innovation, concealed facilities most frequently associated with this category include roof mounted, facade mounted, faux trees, towers, and public art. 6. Flush -mounted. Attached to the face of the antenna support structure, existing building or structure such that no portion of the antenna extends above the height of the support structure or building. Where a maximum flush mounting distance is given, that distance shall be measured from the outside edge of the antenna support structure, existing building or structure to the nearest inside edge of the antenna. 7. Ground -mounted. Supported directly on the ground, or on a structure not more than 10 feet tall erected to support one or more antennas. 8. Parabolic Antenna. An antenna that uses a parabolic reflector, a curved surface with the cross- sectional shape of a parabola, to direct radio waves. Page 7 11 AESTHETIC GUIDELINES FOR THE DEVELOPMENT OF WIRELESS TELECOMMUNICATION FACILITIES 9. Radome. A structural, weatherproof enclosure that protects a radar antenna 10. Small Cells. Low -powered wireless telecommunications installations designed to provide network coverage to smaller areas and that typically take the form of small antennas that are placed on existing infrastructure (both indoors and outdoors) and ground mounted equipment. These facilities help to compliment or stretch tower macrocell coverage and add capacity in high demand areas. 11. Stealth facilities. Wireless telecommunications facilities that blend the facility or additions with the natural or man-made environment and result in no perceptible visual impact. There are two primary categories of stealth facilities: (1) those which are completely integrated into an existing structure or architectural feature and (2) those which are imperceptible as a result of careful placement. 12. Stealth Structure. A self-supporting antenna tower designed to closely resemble a commonplace object that effectively blends with its surroundings. 13. Tower. See "antenna tower". 14. Tower mounted. Attached to and supported by an antenna tower. 15. Wireless communications. The transmission and/or reception of information through space using electromagnetic energy. 16. Wireless communications facility. Structures and/or equipment, including antennas, antenna towers, small cells, equipment cabinets, buildings, generators, fencing, access roads and the land upon which they are situated, associated with wireless communications. Page 8