Ordinance No. 09-2038 Wireless Communications ORDINANCE N0.09-2038
AN ORDINANCE OF THE CITY COUI`1CIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.108: WIRELESSi 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 requirement:.
19.108.090 Permitting.
19.108.100 Exceptions.
19.108.010 Purpose.
This chapter establishes regulations pertai~iing 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, welfare an~i aesthetic concerns of the public.
Ordinance No. 09-2038
19.108.020 Applicability of Regulations.
This chapter applies to all types of aerials and associated facilities used for wireless
communications, that is, the transmitting and/~~r receiving of voice, data, video images
and other information through the air via sign~ils 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.
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
may be attached to a mast or a tower for the purpose of transmitting or
receiving radio or microwave freq~.~ency signals.
2. "Mast" means a vertical element consisting of a tube or rod, which supports
an antenna.
3. "Tower" means a vertical framevrork of cross elements, which supports
either an antenna, mast or both.
4. "Guy wires" means wires necess;~ry to insure the safety and stability of an
antenna, mast or both.
B. "Collocation" means the placement of ~ierials and other facilities belonging to two
or more communication service providers on a single mast or building.
19.108.040 Site Locations.
A. Residential and Home Occupation Aerials.
1. Aerials intended for the private rise of onsite residents and guests and for
home occupation purposes are allowed on all residentially zoned and used
properties.
B. Commercial, Office, Industrial, Public Utility Aerials.
2.
Ordinance No. 09-2038
1. Aerials intended for commercial, office, industrial and public use are
prohibited on residentially zoned a:nd used properties1 except the RHS zoning
district. Aerials may also be allov~red on common-interest areas of residential
or mixed-use planned development: zoned properties subject to use permit
approval and homeowner associati~~n approval.
2. Such aerials are allowed in all other zoning districts pursuant to permitting
procedures established under Secti~~n 19.108.090.
3. Such aerials are allowed on utility poles and towers, regardless of the zoning
district, as long as the aerial complies with Section 19.108.080(c).
19.108.050 General Site Development Regulations.
Provisions in Section 19.108.050 apply to all residential and home occupation,
commercial, office, industrial and public utility aerials.
A. Aerials.
1. Aerials shall not exceed a height of fifty-five feet above finished grade
measured at the mast base, unless otherwise provided in accordance with
Section 19.108.060.
B. Antenna.
1. An antenna consisting of a single vertical element not more than four inches
in diameter in lieu of a horizontal ~irrangement 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. The number of towers, and detached masts exceeding eight inches in
diameter at the base and thirty feet in height above ground level, shall be
limited as follows:
Lot Size Maximum Number of
Tovvers and Detached Masts
per lot
Less than 30,000 One.
square feet
30,000 square Two. Additional towers, and
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Ordinance No. 09-2038
feet or more detached masts, above two,
not meeting the criteria stated
in Section 19.108.OSO.C.1.
require use permit approval
by the Planning Commission.
2. Wood towers shall not be erected.
19.108.060 Specific Site Development Re;;ulations.
A. Residential and Home Occupation Aerials.
1. Aerials with panel or dish antenna: of more than ten square feet shall comply
with the setbacks and height limits for accessory structures.
2. Masts and towers shall be located, at least ten feet to the rear of the front
building setback line and shall be :>et back at least six feet from any property
boundary.
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 sip: 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 often feet above the building
parapet, before a height exception is required.
2. With the exception of a utility poll: or tower used as an aerial, detached masts
and towers shall be set back a minimum of seventy-five feet from a
residentially zoned property or a distance equal to one foot for every one foot
of structure height, whichever is greater. Building mounted aerials shall be set
back a minimum of seventy-five feet horizontally from any residentially
zoned property. Detached masts ~tnd towers, with the exception of a utility
pole or tower used as an aerial, that are otherwise permitted in a residential
zoning district by this ordinance, shall be set back a minimum of seventy-five
feet from abutting residentially zo~ied properties, and building mounted aerials
shall be set back a minimum of se~~enty-five feet horizontally from abutting
residentially zoned properties.
3. Base equipment stations shall comply with the setbacks of the zoning
district and the City's noise standards provided in Chapter 10.48.
19.108.070 Design and Siting Review.
For aerials requiring discretionary review, the primary review objectives are to ensure
the goals of 19.108.010 are met and to blend the design of the aerial into the surrounding
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Ordinance No. 09-2038
environment, or site the aerial in such a manner to minimize the visual intrusiveness of
the structure or artistically enhance the appearance of the aerial. This review may
include, but not be limited to, the following criteria:
A. Gaps in coverage that would create emergency communication problems;
B. Viability of alternative locations, such a~~ commercial, industrial, office, and public
building sites.
C. Method ofantenna-mounting, that is, wall-mounting, roof-mounting or a
freestanding structure.
D. Colors, materials and textures to integt•ate the aerial into the surrounding
environment or building;
E. Landscaping to screen the aerial;
F. Proximity and visibility of the aerial to residential properties and public right-of-
ways;
G. Dispersal of aerial locations to avoid visual clutter;
H. Concentration of aerial locations to avoid visual clutter;
I. Opportunities for collocation of aerials on existing masts and towers where visual
intrusiveness is reduced;
J. Design of the building or enclosure, which houses the related base equipment and
its compatibility with the adjoining building architecture;
K. Opportunities to develop context-apprc?priate, artistically enhanced aerial designs;
L. Screening of highly visible rooftop-mounted aerials; and
M. Balancing of aesthetic concerns with the need to provide a functional
communications system.
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 publi~~ utility aerial locations within a one mile
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Ordinance No. 09-2038
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 :~afety standards.
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
followed:
1. For aerials that are minimally visible to residential properties and public
rights-of--way, the Director of Con:ununity Development shall process such
applications in accordance with Chapter 19.132.
2. For building-mounted aerials that are moderately visible to residential
properties and public rights-of-wa:~, the Director of Community Development,
in his discretion, may refer an application to the Planning Commission for
design review and approval in accordance with Chapter 19.132.
3. For detached aerials that are moderately to highly visible to residential
properties and public rights-of-wa:,~, a use permit approved by the Planning
Commission is required.
4. Public Noticing: In addition to the: public hearing noticing prescribed by the
planning permit regulations, the C ity shall extend mailed written notice of
such hearing to each owner of recc?rd of real property within one thousand feet
of the exterior boundary of the property for which entitlement is sought as
such owner of record is shown in the last tax assessment roll pursuant to
Section 65091 of the California Government Code. The Director of
Community Development may extend mailed written notice beyond one
thousand feet, if in his judgment, the application for permit may have
negative effects on a larger area.
For aerials approved in accordance; with Chapter 19.132, the Director of
Community Development shall pr~~vide mailed written notice of his decision,
within five calendar days from the date of the decision, to each owner of
record of real property within one thousand feet of the exterior boundary of
the property for which entitlement is sought as such owner of record is shown
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Ordinance No. 09-2038
in the last tax assessment roll pursuant to Section 65091 of the California
Government Code.
5. 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 and :restoration of the land to its former
condition 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 and land restoration.
6. All commercial, office, industrial„ and public utility aerial mast and tower
approvals shall be conditioned to allow the collocation of aerials and related
facilities of other commercial, office, industrial, and public utility users where
appropriate and feasible.
7. The Planning Commission, in its review of aerial applications, shall seek the
technical consultation of the desigr?ated member or members of the
Technology, Information and Communications Commission.
19.108.100 Exceptions.
A. An exception may be granted by the ]Manning Commission for an aerial height
exceeding the maximum limit 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. ~'he 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 and Section
19.108.090(B)(4). 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 th~~ 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 propert~~ or improvements in the vicinity and will
not be materially detrimental to thc; public health, safety or welfare;
3. That the exception to be granted ~,vill not result in a hazardous condition for
pedestrian and vehicular traffic.
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Ordinance No. 09-2038
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 b~~ appealed to the City Council as provided
for in Chapter 19.136.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino 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: Mahoney, Wang, Sandoval, Santoro, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
~c-
City Clerk P~Iayor, City of C ertino
8
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordin~ince No. 08-2038, which was enacted
on February 17, 2009, and that it has been published or posted pursuant to
law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
18th day of February 2009.
KIMBERLY S H, City Clerk and F'sx-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate