Reso 6545 MCA-2008-04
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6545
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE PROPOSED
AMENDMENT TO CHAPTER 19.108: WIRELESS COMMUNICATIONS FACILITIES,
OF THE CUPERTINO MUNICIPAL CODE REGARDING THE EXPANSION OF
POTENTIAL SITE LOCATIONS, ADDING DESIGN AND SITING REVIEW CRITERIA
AND MISCELLANEOUS TECHNICAL CHANGES.
The Planning Commission finds the proposed amendments to Chapter 19.108: Wireless
Communications Facilities as presented in Exhibit A:
1) would facilitate improvements in wireless communications coverage in
hillside and residential areas for the convenience of residents and the
. improvement of community safety in general.
2) are consistent with the Wireless Facilities Master Plan.
The Planning Commission requests that the City Council direct the Technology,
Information and Communications Commission to research the feasibility of
implementing a Distributed Antenna Systems (DAS) communications network in the
City.
PASSED AND ADOPTED this 27th day of January 2009, at a Regular Meeting of the
Planning Commission of the City of Cupertino by the following roll call vote:
AYES: COMMISSIONERS:Chair Giefer, Vice Chair Rose, Miller, Kaneda, Brophy
NOES: COMMISSIONERS: none
ABSTAIN: COMMISSIONERS: none
ABSENT: COMMISSIONERS: none
ATTEST: APPROVED:
/
ry s Giefe irpe
City lanner Planning Commissi
G:�Planning�PDReport�Res�2008�MCA-2008-04.doc
I Exhibit A
ORDINANCE NO.
AN ORDIN�NCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.108: WIlZELESS COMMUNICATIONS FACILITIES, OF
THE CUPERTINO MUNICIPAL CODE REGARDING THE EXPANSION OF
POTENTIAL SITE LOCATIONS, ADDING DESIGN AND SITING REVIEW
CRITERIA AND MISCELLANEOUS TECHNICAL CHANGES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that the following sections of the Cupertino Municipal Code shall be amended
to read as follows:
CHAPTER 19.108: WIRELESS COMMUNICATIONS FACILITIES
Section
19.108.010 Purpose.
19.108.020 Applicability of regulations.
19.108.030 Definitions.
19.108.040 Site locations.
19.108.050 General site development regulations.
19.108.060 Specific site development regulations.
19.108.070 Design and siting review.
19.108.080 Application requirements.
19.108.090 Permitting.
19.108.100 Exceptions.
19.108.010 Purpose.
��-:=r���=---=I T=his chapter-_=-3 establish��_—��-��-=--==__--�-=�=:--�#regulations pertaining to the location,siting,
development,design and permitting of wireless communications facilities for all zones existing in this city in order to:
A. Facilitate the development of a wireless communications infrastructure in the City for commercial,public and
emergency uses,and
B. Protect the health,safety,w�lfare and aesthetic concerns of the public. (Ord. 1736, (part), 1996;Ord. 1601,Exh. ,
A(part), 1992)
19.108.020 Applicability of Regulations.
This chapter�appl�ies to all types of aerials and associated facilities used for wireless communications,that is,the
transmitting and/or receiving of voice,data,video images and other information through the air via signals in the radio and
microwave frequency band. This includes aerials for amateur radio,television,wireless modems,cellular phones,
enhanced specialized mobile radio(ESMR),personal communications services(PCS),paging systems,satellite
communications and other wireless communication technologies utilizing signals in the radio and microwave frequency
band. No wireless communication facility:antennas,masts,towers and associated equipment shall be hereafter erected,
structurally altered or enlarged other than in conformance with the provisions of this chapter and other applicable
provisions of this title. (Ord. 1736,(part), 1996;Ord. 1601, Exh.A(part), 1992)
19.108.030 Definitions.
As used in this chapter,the following terms are defined in this section:
A. "Aerial"means a stationary transmitting and/or receiving wireless communication device consisting of one or any
combination of the elements listed below:
1. "Antenna"means a horizontal or vertical element or array,panel or dish that rnay be attached to a mast or
a tower for the purpose of transmitting or receiving radio or microwave frequency signals.
2. "Mast"means a vertical element consisting of a tube or rod,which supports an antenna.
3. "Tower"means a vertical framework of cross elements,which supports either an antenna,mast or both.
4. "Guy wires"means wires necessary to insure the safety and stability of an antenna,mast or both.
B. "Collocation"means the placement of aerials and other facilities belonging to two or more communication service
providers on a single mast or building. (Ord. 1736,(part), 1996;Ord. 1601, Exh.A(part), 1992)
19.108.040 Site Locations. �
A. Residential and Home Occupation Aerials.
1. Aerials intended for��c��'^�,���' �^�'"^^,�^��"^�`�^" � _�tf-�e�ri�a;a u��of��-�sit�resid�i^i+J and o��s`s
an��fG�hOm2 occu�ation purposes mO-r �r�v are allowed on all residentially zoned and used properties.
B. Commercial,Office,Industrial, Public Utility Aerials.
�- Aerials intended for commercial,office,industrial and public use are prohibited on residentially zoned and
used properties,except RHS ���ials ma�v also b�allov���d on common-in}er2st�r�:s of residential or
mixed-use planned�.�evelo�ment zaned properties subiect to city use�ermit approval and homeo���ner
association approval. '���^ .. „ ,.
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2. Such aerials—-, ��__��allowed�;�, __ -��_-�:=�-- _= _ -:�=,�-;-�=--- _ __�-_ , � .-=�i•-� �I �h=r
- �-�disiric�5 pursuant to permitting procedures established under Section 19.108.090.
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4. v ., ~v Such aerials are allowed on C-�+#�utility poles and tov�•-r�. -_:�:�dless of the
-oninq district.as lonq as the aerial comqlies with Section 19.108.080(cl. (Ord. 1736,(part), 1996)
19.108.050 General Site Development Regulations.
Provisions in Section 19.i 08.050 aqpiv to all residential and home occupation,commercial,o�rice. indus�rial and pub�ic
utilitv aerials. �
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A. Aerials.
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, . . .
�� Tiuiivii:i�i�^."nrl 4rnncmii-Finn�.,�.o„�,,,;,,,,_;�,,,-;�;;shall not exceed a height of fifty-five feet above
�^��^�"^��^' `in;sh�� �rad�--��asur�d�t-he ma;t base, unless otherwise provided in accordance with
Section 19.108.060.
�. .'�, �-,�� ;_.� �� , ., ., , :+�������-- - �-�`�`:� _.., �:`���.. �.., � =��-_-- �.-�=-�
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B. Antenna.
1. An antenna consisting of a single vertical element not more than four inches in diameter in lieu of a
horizontal arrangement shall be excepted from the height restriction.
2. Antennas and/or guy wires shall not overlap adjoining properties and shall not encroach upon an easement
without the written consent of the owner of the easement which shall be attached to the application for a
building permit.
C. Masts and Towers.
1. ���-T�:�.���-=r-��.=_�_.The number of towers,and detached masts exceeding eight inches in
diameter at the base and thirty feet in height above ground level, :_`!����r�-'_+shall be::���±�d as
follows_�=z�
Lot Size Maximum Number of Towers and
Detached Masts ep r lot
Less than 30,000 One.
square feet
30,000 square feet or Two. Additional towers,and detached
more masts,above two,not meeting the
criteria stated in Section 19.108.050.C.1.
require use permit approval by the
Planning Commission.
2. Wood towers shall not be erected.
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3
19.108.060 Specific Site Development Regulations.
A. Residential and Home Occupation Aerials.
1. Aerials with panel or dish antennas of more than ten square feet shall comply with the setbacks and height
limits for accessory structures.
2. A�iasts and to�vars snail be located at least ten feet to the rear of the front buildinp setback iine and shall be
set back at least six feet from anv uropertv boundanr. �
B. Commercial,Office,Industrial,Public Utility Aerials.
1. Aerials mounted on buildings that exceed the aerial height limits stated in Section 19.108.050 may extend
six feet above the building parapet wall. An additional one foot of height is allowed for every ten feet that
the aerial is setback from the parapet,to a maximum height of ten feet above the building parapet,before
a height exception is required.
2. 1fJith the e>:ception of a utility n��e��r�c���,�r .;s�d as a�i o����a�,detached masts and towers shall be--��=�=-=��
� "� �!^��, ._ set back a minimum i;f`ift����et=om a residentially zoned property-.��t-:-��-`�=t or a
distance equal to one foot for every one foot of.structure height,whichever is greater. Building mounted
aerials��—:��,���-���sl�a�l ue��t back a minimum of fifty feet horizontally from any residentially zoned
property. Detached masts and towers. v�-��th:i-,� -�:cectior� ��f a ��:i;��,��oie -�r tc��,�,��r �_d as =��� _- ial �i-;ut
ar-�othenvise permitted in a residential zonina district by this ordinance.shafl be set back a minimum��
fifty feet from abuttinq residentiall�zoned properties.and buildinq mounted aerials shall be set back a
��inimum of fiftv feet horizontallv from abuttinq residentiallv zoned properties.(Ord. 1736, (part), 1996)
' 3. Base eauiqment stations shall comply�vith the setbacks of the zoninq district and the Citv�s no�se
standards provided in Chaqter 10.48.
19.108.070 Design and Siting Review.
For aerials requiring discretionary review, `.=+��-?-==;�.� �{�:�=�,�-��-=-+--�-=,:� . - -�=--�;�;,=�-�;=-:���-�,�;T
�-T;=;4---;"T�-s� �^�' ..~7 �t:`�,==-�;u-'—. the primary�e�-ie,-,�objective��-��:���,�u� �ha aca�s of i9.�C��.��1,� --�
r-��t�n�to blend the design of the aerial into the surrounding environment,or site the aerial in such a manner to minimize
� the visual intrusiveness of the structure or�ri��ic�it��� ��,�-��;-����������;:��:._�;��cr"�n���_-�;�,�,. This review may include,but
not be limited to,the following criteria: `�
9,. {:- '"I _'\-"3�a'�'�;t,'�f�'U:�j - - .� �- ,� i� ,�; -�� ,,- -
B. Viabifitv of alternative locations.such as commercial.industrial,office.and public buildino sites.
C. -=, „
;.. ;Method of antenna-mountina.that is.wall-mountina. roof-mountinQ or
�lreestanding'structure. .
D�. - �� ���=�=�Colors,materials and textures to integrate the aerial into the surrounding environment or building;
ES. -,-____� ==I Landscaping to screen the aerial;
F�. =-=�=Proximity and visibility of the aerial to residential properties and public right-of-ways;
4
G€. ��-:�Dispersal of aerial locations to avoid visual clutter;
H�. �v Concentration of aerial locations to avoid visual clutter;
IC. Opportunities for collocation of aerials on existing masts and towers where visual intrusiveness is reduced;
J#. ��-;�=-�Design of the building�r encfosur�, which houses the related�ase equipment and its compatibility with
the adjoining building architecture;
K�. Opqortunities to develop context-a�propriate.drtistic3flv ennanced aerial oesions:
L. �creenina of hiahly visible rooftou-mounted aerials:
!,�id.��ie-�Balancing of aesthetic concerns with the need to provide a functional communications system. (Ord. 1736,
(part), 1996)
19.108.080 Application Requirements.
In addition to the standard application requirements,the applicant may be required to provide the following materials:
A. If more than one aerial is planned in the City within a year by a single communication service provider,a master
plan shall be prepared of all facilities that can be reasonably foreseen,showing the proposed aerial sites and
existing commercial,office,industrial and public utility aerial locations within a one mile radius of the proposed
sites. The purpose of this requirement is to identify opportunities for clustering,dispersal and collocation of aerials
to reduce visual intrusiveness;
B. Erection of a mock aerial,computer simulation or sight-line elevations for all aerials to help assess the visual
effects;
C. Documentation that the technology and usage of that technology meets Federal Communications Commission
adopted safety standards. (Ord. 1736, (part), 1996)
19.108.090 Permitting.
• A. For all zoning districts,aerials that exceed maximum height limits require a height exception except as otherwise
provided in Section 19.108.060.
B. For zoning districts that require design review,permitting procedures shall be as follows:
1. For aerials that are minimally visible to residential properties and public rights-of-way,the Director of
I Community Development shall process such applications in accordance with Chapter 19.132 and;n
3ddition aro��ide�h�rirt�n r,��ailed notic?of his d�ci�ion'o ad;acent proDer�V own�rs.��.�'�-;�„;+s`,��;��
�^,��{��41 F,'1 �i41rr��blhi't=T�����rr�-�-r�v7t�Et�:f�
2. For building-mounted aerials that are moderately visible to residential properties and public rights-of-way,
the Director of Community Development,in his discretion,may refer an application to the Planning
Commission for==�-=�-=-�-�=�=-�:� �_�i���review and===�Y--=�r��:�:-;,_�,�-�,�1 in accordance with Chapter
19.132. - _. �. ..,==�== � ., ., �.,,,�,.+�
3. For detached aerials that are moderately to highly visible to residential properties and public rights-of-way,
a use permit approved by the Planning Commission is required.
4. Abandonment. All City approvals for new aerials and modifications of existing aerial approvals shall be
conditioned to require the removal of the aerial its associated facilities�--�d -��t����:�_�� _��,,�!��-���� �;
_____ _ ___r�if the aerial is not used for its permitted purpose for a period of eighteen months. The
property owner or applicant shall bear the entire cost of demolition�n��i_rd���`o-�-ic�n. (Ord. 1736, (part),
1996)
5
5. All commercial.office.industriai.and public utility aerial mast and tower aqprovais shall be conditioned to
allow the collocation of aerials and related facilities of other commercial,office, industrial,and public utilitv
users where appropriate and feasible.
19.108.100 Exceptions.
A. .�n�exceptions may be granted by the Planning Commission for t���-�+���;-��-:-�==�--�.==�-�--��-�,.+:�:`-��=�:an
aerial heights exceeding the maximum limits where practical difficulties, unnecessary hardships,or results
inconsistent with the purpose and intent of this chapter result from strict application of the chapter provisions.
B. A request for exception must be submitted on a form as prescribed by the Director of Community Development.
The application shall be accompanied by a fee prescribed by City Council resolution. Upon receipt of an
exception application,a time and place for a public hearing before the Planning Commission shall be set. A
Notice of Public Hearing for an exception under this chapter shall be given in the same manner as provided in
Section 19.120.060. The Planning Commission shall hold a public hearing at which time the Planning
Commission may grant the exception based upon all of the following findings:
1. That the literal enforcement of the provisions of this chapter will result in restrictions inconsistent with the
spirit and intent of this chapter;
2. That granting of an exception will not result in a condition that will be detrimental or injurious to property or
improvements in the vicinity and will not be materially detrimental to the public health,safety or welfare;
3. That the exception to be granted will not result in a hazardous condition for pedestrian and vehicular traffic.
C. After closing the public hearing,the Planning Commission may approve,conditionally approve or deny the
application for exception. The Commission's decision on the exception request may be appealed to the City
Council as provided for in�__�=�-==,C���:�`=r 1� �3��;�=� (Ord. 1736,(part), 1996)
INTRODUCED at a regular meeting of ti�e City Council of the City of Cupei-tino this 3rd
day of February, 2009, and ENACTED at a regular meeting of the City Council of the
City of Cupertino this 17th day of February, 2009, by the following vote:
Vote Members of the City Council
� -
AYES:
NOES:
ABSENT:
ABSTAIN:
AT'TEST: APPROVED:
City Clerk Mayor, City of Cupertino °
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