HomeMy WebLinkAboutPC Resolution 01-0810
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RESOLUTION P.C. 01-8
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO RECOMMEND AMENDING THE ZONING ORDINANCE
REGARDING THE LIMITATIONS ON ROOFTOP ANTENNAS, SATELLITE DISHES
AND SIMILAR EQUIPMENT THAT EXCEEDS THE HEIGHT LIMIT AND THE
PLACEMENT AND USE OF WIRELESS COMMUNICATION FACILITIES
The Planning Commission of the City of Hermosa Beach does hereby resolve as follows:
Section l. The Planning Commission held a duly noticed public hearing on March 20, 2001, to
consider amending the Zoning Ordinance, Sections 17.04.040, 17.26.030, 17.28.020, 17.30.020 and
17.46.240, and adding Section 17.40.170, regarding regulations for rooftop antennas, satellite dishes, and
similar equipment that exceeds the height limit, and the placement and use of wireless communication
facilities.
Section 2. Based on the evidence considered at the public hearing, the Planning Commission makes
the following findings:
1. Section 17.46.240 addresses the issues of bulk and visibility of rooftop antennas and
satellite dishes, but does not address the placement of rooftop equipment on existing buildings
nonconforming to height requirements. On buildings nonconforming to height, all antenna or satellite
dish equipment placed on the roof or parapet count toward the twelve (12) square foot area limitation
whether or not it is visible above the existing roofline or parapet wall.
2. The requirement to limit all antenna or satellite dish equipment placed on the roof or
parapet to the twelve (12) square foot area limitation, unnecessarily precludes opportunities to provide
relief to existing building nonconforming to height.
3. The Zone Code relative to rooftop antennas and other similar equipment does not take
into consideration new wireless communication technology. Section 17.46.240 was originally intended to
regulate satellite television dishes and wireless antennas on both residential and commercial properties.
4. Wireless communication facilities not only receive radiofrequency (RF) signals, but also
relay or rebroadcast RF signals they receive, which results in the need for additional equipment as part of
the communication facility, typically located on the rooftop.
5. Due to the number of new building permit applications for such facilities, discretionary
review should be required for all future wireless communication facility proposals.
6. Because of the commercial nature of wireless communication facilities, such uses should
be limited to the commercial zones (C-1, C-2 & C-3), open space zones (O-S) co -located with public
governmental buildings or schools, and industrial zones (M-1).
Section 3. Based on the foregoing, the Planning Commission hereby recommends that the Hermosa
Beach Municipal Code, Title 17-Zoning, be amended as follows:
Amend Section 17.04.040 to read as follows:
17.04.040 General definitions.
"Antenna" means any s stem of wires )oles rods reflectin. discs or sinjilar, devices
used for the transmission or reception of electromagnetic waves when such s sten]
is either external to or attached to the exterior of a structure. Antennas shell
include devices having active: elements extending in_any direction ,and directional.
beam - a array having elements carried by and disposed from a generall
horizontal hoorn that may be mounted upon and rotated through, a vertical mast or
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tower interconnecting the boom and antenna.
"Antenna -- Build in -Mounted: means any antenna other than atit antenna with its
supports resting on the ground,, directly attached or affixed to a building,, tank
tower, build in mounted mast less than 10 feet tall above the roof ridge line and 6
inches in diameter, or structure other than a wireless communications tower.
"Antenna — Directional" also known as a "panel" an tennal, transmits and/or
receives radio freguency signals in a directional pattern of less than 360 degrees.
"Antenna — Fat ;ade-Mounted" means an antenna that is directly attached or affixed
to any fa ade of a building or other structure. Also known as a building -mount d
antenna.
"Antenna — Ground -Mounted" means an antenna wit,lt its su t ort structure or
base placed directly on the grou,nd, the total hei lit of which does not exceed 14
feet including the height of the antennas.
"Antenna — Omni -directional" falso known as stick whi or DiDe antennas means
anj antenna which transmits and/or receives radio fre uene si nals in a 360-
de ree horizontal pattern and a compressed vertical plane. For the purpose of this,
article omni-directional antennas have diameters between 2 and 6 inches and
tneasures between 1 and Ill feet in height.
"Antenna — Panel" ('see Antenna -- Directional")
"
"Antenna — Parabolic" also known as a satellite dish antenna means any device
incorporating a reflective surface that is solid, open mesh, or bar -configured that is
shallow dish cope )torn bowl or cornucopia shaved and is used to transmit and/or
receive elect roma netic or radio freguency communication/signals in ar s eciflc
directional pattern.
"Antenna — Portable" means anv device used to transmit and/or receive
electromat :netic or radio freguency com,multication/si =nals in a s ecific directional
attern located on a o�rtable or moveable base designed to be placed either for
temporan or long. -term use at a given site.
"Antennae — Roof -Mounted" means an antenna directly attached or affixed to the
roof, generally free-standing, of an existing building or structure other than, a
Wireless communications tower.
"Antenna — Vertical" means a vertical type antenna without horizontal cross -
sections greater than one-half inch in diameter.
"Antenna — Wbi see "Antenna — Omni -directional"
"Antenna Array" mea is a structure attached toa wireless communications to
that su ports a wireless communications antenna or antennas.
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"Antenna Array,Groul)" means more than two sets of antennas by different set -vice
11roviders placed on as monopole, tower, building, or other support structure or on
multiple 12oles, towers, buildings, or other support structures on the same Lmarcel of
land or on different parcels where the antennas are located within 200 feet from
each other also known its an antenna farm).
"Co -location" means a wireless telecommunications facility comprisinp, a single
wireless communications tower, mono pole or building supporting antennas owned
or used b3: more, than one wireless communications carriers. Co -location shall also
include the location of wireless telecommunications facilities with other facilities
such as water tanks, light standards, and other utility facilities and structures (se
atso Wireless Communications Facility).
"Commercial Use" means a use that involves the exchange of cash, goods, o
services, barter,.. forgiveness, of" indebtedness, or ,Inyother remuneration in
exchange for goods, set -vices, lodging, me,,Ils, entertainment in any form, or the
right to occupy space over any pei -iod of time.
_
"Direct Broadcast Satellite Set -vice" JDBS) is a system in which signals ar
transmitted, directly from a satellite to a small home receiving dish which does not
exceed 18 inches in diameter. The system is commonly marketed as Digital Satellite
System (DSS). DBS or DSS competes with cable television.
"Monopole" is a wireless communication facility which consists of a sin gle- pol
structure or spire, erected on the round to support wireless communication
antennas and apl2urtenances.
"Public set -vice use or facLlit . public -body o
means a use operated or used by a
pg ,, ublic utility in C nnection withany of the follo *winservices: waterwaste water
management, public ed"cation, parks and recreation and police protection,
solid waste management, transportation, or utilities.
"Public- Right-of-Waf' means and includes all public streets and utili easements,
now and hereafter owner by the Cily., but only to the extent of the Cityls, right, title
interest, or authority to grant a license to occupy and use such streets and
easements for wireless communications facilities.
"Quasi -Public Use"' means a use serving the, I)u,blic at filar ge,and operated bX,-,t
private entity under a franchise or other similar governmental authorization,
deli gned,to promote the interests of the -general p,ublic or operatedby a recognized
civic organization for the benefit of. the general public.
"Related Eggipment" means all ,egttip,nient,aticillaty,to the tragsmission- and
reception of voice and data via radio freguencies. Stich eguiptuent may include but
is not, limited to cable, conduit, and connectors.
"Satellite Earth Station" means a wireless communications facifi_q,consisting of
More than a single satellite dish smaller than 10 feet in diameter that transmits to
-111(1/or receives signals from an orbiti!1g. satellite.
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"Wireless Communications Facility" means a wireless facility that transmits and/or
receives elect ro magnetic signals. It includes antennas, microwave dishes, horns,
and other types eguipment for the transmission or receipt,of such signals, wireless
conimunications towers, or similar structures supporting said egyipment.,
eggillinert buildings),arking area and other accessoi:ydevelopmeqt.
"Wireless Communications Tower" means a,structure more than 10 feet tall
built primarily to support one or more wireless communications antennas.
2, Amend Section 17.26,030 to read as follows:
17.26.030 C-1, C-2 and C-3 land use regulations.
(Wireless communication facility shall be added as a permitted use requiring a CUP in
all commercial zones.)
Amend Section 17.28.020 to read as follows:
17.28.020 Permitted Uses. (M- I Light Manufacturing Zone)
(Wireless communication facility shall be added as a permitted use requiring a CUP.)
4. Amend Section 17.30,020 to read as follows:
17.30.020 Permitted Uses. (O-S Open Space Zone)
(Wireless communication facility shall be added as a permitted use requiring a CUP
and co -location with public governmental buildings or schools.)
Amend Section 17.46.240 to read as follows:
17.46.246 Antennas, satellite dishes and similar equipment.
No antenna, television aerial satellite dish or siinilgr device as defined in Section
17.04.040 shall be erected, constructed,, maintained or operated exc,ept if]
conformance with the following regulations:
A. _Purpose.
To establish procedures and regulations for processing wireless set -vice facii-i—ty
applications in all non-residential areas and to createconsistency between fedleral
legislation and local ordinances regarding amateur radio and satellite dish
antennas. The intent of these regulationsjs to protect the p,qblic health, safe!and
general welfare while ensuring,fairness and reasonable -permit processing time.
B. Applicability.
1. Antennas, television aerials, satellite dishes, similar devices or any apparatus
designed or used to receive television, radio or other electronic communication signals
broadcast or relayed from another location shall be regulated by this section.
2. Such,device shall be considered an accessoa structure under the.zoning
code.
3. wir gyI cotp 9Lijfaciji( shall �p Lu b o cfiscretj.�2��ew and
—�ss _MLjiicati jject —t
inust obtain a 'p
-C,onditj(Ln, I Use
17,40 gl" the Zonin
Ordinance.
4. 'nie following uses shall be exempt from the provisions of this Ch,apter ,until
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such trine its federal regulations are ,repealed or amended to eliminate the necessit
of' the exe"IL)fion:
a. An antenna or such device that is one meter (39.37 inches) or less in
diameterand is designed to receive direct broadcast satellite service, includill
direct-to-horne satellite service, as defined by Section 207 of the
Teleconimtinications Act of' 1996, Title 47 of the Code of Federal Regiahatio"s, and
any interpretive decisions thereof issued by the Federal Communications
Commission.
b. Any antenna, or such device that is, two, meters (78.74 inches) or less in
diameter located in a commercial or industrial zone rand is designed to transmit or
receive Radio Communication by..Satellite Antenna;
C. Any antenna or such device that is one meter (39.37 inches ) or less in
diameter or,diaganal measurement and is desiL),ned to receive Multi pint
Distribution Service, provided that no part of the Antenna Structure .extends more
than twelve feet (12') above the principal building,on the same lot.
C. Location of Device.
1. Except as herein provided, no such device shall be allowed to exceed the height
limit applicable in the zone in which the device is located. The height limit in any
particular zone shall apply whether or not the device is placed on the roof or in the rear
yard. For the purposes of this chapter, all such devices placed upon a roof shall be
combined for measurement. The surface area of the device shall be measured at its
maximum projection above the height limit.
2. Said devices shall be allowed to exceed the height limit only to the extent that the
surface area of the device on its widest side shall not exceed twelve (12) square feet of
surface area over the height limit. The surface area measurement shall only include
measurement of the surface area of the device that exceeds the applicable height limit. It
shall not include the surface area of the device below the height limit. For a device
placed on the rooftopof an existing build in g, n o nconform in g to the height limit, the
surface area measurement shall only include measurement of the surface area of the
device that exceeds the heiglit of the existing roof or parapet wall, whichever is
greater.
3. Such devices shall be located and designed to reduce visual impact from
surrounding properties and from public streets and shall be screened in a manner
compatible with existing architecture and/or landscaping. However, no screening shall be
required which blocks the ability of any such device to receive signals. Based on a
determination by the lwfldi"community development director or his designee,
screening of a type and construction compatible with the architecture of the building in
question may be required.
4. All devices regulated under this section and the construction and installation
thereof shall conform to applicable city building code, zoning code, and electrical code
regulations and requirements.
5. Such devices shall meet all manufacturer's specifications, and all antennas and
screens shall be fire -resistive and of corrosive resistant material, and shall be erected in a
secure,
ecure, wind resistant manner. They shall also be maintained in good condition.
6. Every such device shall be adequately grounded for protection against a direct
strike of lightning.
7. No building permit shall be issued until there is filed with the city a site plan and
building elevations showing conformance with this section. For the purposes of this
section, a building permit shall be required for all satellite dishes and for other antennas or
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aerials which exceed ten feet in height above the existing roof line when measured from
the base of the antenna or aerial.
D. Removal of Wireless Comatunication, Facilities.
1. The applicant shall provide notification to the community develo, ment
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director upon cessation of operations on, the site. The applicant shall remove all
obsolete or unused facilities from, the site within six (6) months of termillation of its
lease, cessation of 0,wrations, or expiration of its permit, subjectjo the
determination of the director of communitj development. Should the owLie gr _GW to
effect such removal, the ,.L)ropert y owner shall be responsi,ble for the removal of the
equipment.
2. A new,permit shall be reguired if the site is to be used again for the same
1our ose as pertnitted under the original permit,ira consecutive period of six J6)
months has laysed since cessation of o1mrations.
Any FCC ficensed, wireless communications carrier that is bujillf", leasing, o
considering, a transfer of ownership of an ahead avoroved facility shall submit
a letter of notification of intent to the director of coniintinity deyeloUment.
Add Section 17.40.170 to read as follows:
17.40.170 Wireless Communications Facilities.
The following minimum conditions and standards which apply to the siting of a
wireless communications fiacifity, in addition to any other deemed necessaa,or
appropriate to ensure corn patibifiLy, with existi ng or future uses in the vicinity, ma
be reguired.;
A. Applicatiou Reg"iremepts.
L Each applicati,on shall contain a brief narrative acconipanied by written
documentation that ex lams and validates the aL)pficant's_efforts to locate the
I'sicifily in accordance with the Screening and, Site Selection Guidelines set forth in
this Section.
2. Each a pplication shall contain a marrative, that discloses the exact location
and nature of any and all existing facilities that are owned (incly,ding oublichr
owned structures), operated or used by the -applican,t and located within live (51
miles from the geograL)hic borders of the City ofReriposa Reach.
3. Each application shall contain a narrative and scaled ma ) that, precisel
disclose the geograchic ,areas ) within the fit, of Hermosa Beach that are Proposed
to be serviced by, the progosed fiacifiLL the geogra chic areas bordering the City.of
Herinosa Beach if any that will be serviced by the proposed facility, the nature of
the service tobeprovidedor curpose of the facility, the reasons ,if -any, why the
applicant cannot locate the facility outside the City,of Hermosa Beach, and the
efforts, if an that apLificant has made, to locate the facility outside the City of
Hermosa Beach.
4. Notwitbstanding any, permit that may be granted in accordance with this
Section, the facility shall be erected, located, operated and maintained at all, tinges
in compliance with this Section and all applicable laws, regula,tJons and
reguiretnents of the Building Code, and, eve Ey other code and regiflation imposed or
enforced by the City of Rermos,a Beach, the State of California, and the United
States Federal Government. Applicants are separately reguired, to obtain all:
applicable building,and construction permits that may be required.prior to erectirr
or installing,the facility.
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5. Each wireless communications Carrier applicant,shall provide a letter to the
director of comintinity development stating willinggess to allow other carriers to co -
locate on their facilities wherever feasible or a written explanation why the subject
facility is not a candidate for co -location.
6. Approval -of the )roject is subject to the Planning Commission making
finding that the voposed site results in fewer or less severe environmental im,jacts
than anv feasible, alternative site. The City may, reguire ind,eL)endent verification of
this I'llialysis at the anglicant's expense. The, intention of the alternatives anal ysisjs
to present alternative strategies which would minimize the number or,size and
adverse environmental impacts of facilities necessary to, rovide the needed seryices
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to the City and -surrounding areas
B. Design, and Development Standard
1. The facility shall not bear any signs or advertising, devices other than
certification, public safell,warning . .... or other reguired seals or re aired signage.
2. Any and all accessory eguipment, or otber equipment, associated .Nvi th the
operation of the facility, including but not limited to transmission cables, shall be
located within a buildifig, enclosure, orunder ground vault in a manner that
complies with the development standards of the zoning district, in which such
eguipmeat is located. In addition, if eguipment is located above ground . .... it shall be
visually compatible with, the surrounding buildings,and either (1) shrouded by
sufficient landscapingto screen the eguipwent from view, or (2) designed to match
the architecture of adjacent, buildings. If no recent and/or reasonable architectural
thetne is present, the Planning Commission may reguire a particular ,design that is
deemed by the Commission to be suitable to the,subject location.
3. The facility exterior shall be comprised, of non -reflective materials l and
painted or camotiflaged to -blend with surrounding,materials and colors.
4. Any screening, used in connection with a wall mounted and/or roof mounted
facility shall be, comptitible with the architecture, color ,_texturerand materials of the
building or other structure to which it is mounted.
5. The facility shall be placed to the centermost location of the roof to to
screen it from, view from the street and adjacent properties.
6. "rbe,facility shall not be permitted on residentially zoned property.
A. Setback Reguirements.
The facility sh,all be considered an,accessoi:y structure. if the facility is located
within two hundred (200) feet of a residential use then the facility shall cons al
with the setback requirements for such zone. In all other instances, the extent of
compliance with the setback reguirements for the zone in which the facility . ....is
located shall be considered, in accordance with the following guidelines, by the -City
in connection with its, processing of any facility permit.
B. Screening,and Site Selection Guidelines.
In addition to the above regui,rements the following guidelines shall be considered
by the City in connection with its Lvocessing of any facility permit:
1. The extent to which the ,proposed facility blends intothesurroundin
environment or is ai-cbitectiti-illii,ntegr�ited into a concealing structy,re, takinj into
consideration alternate sites that are available.
2. The extent to which the proposed facility is, screened or camoliflaged,Ip
.
existhig or proposed new topography, vegetation, buildings, or other structures.
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3. The total size of the -proposed facility, particularl in relation to snrroi�jndin
and supporting structures.
4. The availabilily of suitable alternative locations for the facilily,
5. Preference shall.. e given to facilities located on vublich, owned structures,
co -location and shared sites.
6. Preference shall be given to sites which are not located along primary street
fronts a front a cl areas om• ad"scent to residential uses.
7. Whenever possiblewireless communication facilities should be located o
existing buildings, existing -poles, or other existing SUPDort structures.
C. pease of �qblic �roer�t.
1. An lease of Ci ro er fir the ur ose of erectin a wireless
COMMUnication facility shall reguire a negotiated lease ap-reement or other written
license granted by-tlie City, The: existence of a lease agreement or license $]]all not
relieve the applicant of any obligations to obtain apnropr,ia te. perin its as regwired -by
this section.
2. The Citv Council, bV resolution following a public hearing, rnay-gjjprove -A
list of sites located on existing City property, or within the public riLyhht ;-of-way wilicli
are a I proved for major facilities. Each site shall include a description of permissible
devel inent and desien characteristics, including but not limited to rnaxinlyn]
height requirements. The Cityshall make such resolution available to all persons
uL)on request . .... The approved list of locations ma be subseavently amended by the
City Council by resolution from time to time.
3. All 1)ronosed facilities to be located on a City propeLty sitc..w1licl) is
preapproved in accordance with the requiretnents of this section ku2Aft-AR
effective date of the ordinance codified in this section may be approved subject to.a
Conditional Use Permit and a" additional or different requirements made
applicable by this section.
All leases of any City properAthat is preapproved in accordance witb the
requireinents of this section shall be nonexclusive. The oMrator of a facifi!y IqLated
on such pq blie property shall make the StInDorting structure of the of the facility
available to any other provider wishing to colocate to the extent teclinically feasible.
VOTE: AYES: Comms.H6ffman,Kersenboom,Pizer,Tucker,Chmn.Pekrotti
NOES: None
ABSTAIN: None
ABSENT: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 01-8 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California, at
their'"i gular meeting of April 17, 2001.
''axe i Perrotti, Chairman
Date
Sol B1UMe fel Secretary