HomeMy WebLinkAbout2012-04-10; City Council; 20862; Amendment to Policy No. 64 Regarding Wireless Communication FacilitiesCITY OF CARLSBAD - AGENDA BILL
AB# 20,862 AMENDMENT TO CITY COUNCIL
POLICY NO. 64 REGARDING
WIRELESS COMMUNICATION
FACILITIES
DEPT.DIRECT6I^
MTG. 4/10/12
AMENDMENT TO CITY COUNCIL
POLICY NO. 64 REGARDING
WIRELESS COMMUNICATION
FACILITIES
CITY ATTY. ^tS^.
DEPT. CA
AMENDMENT TO CITY COUNCIL
POLICY NO. 64 REGARDING
WIRELESS COMMUNICATION
FACILITIES CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2012-083 amending City Council Policy No. 64 to comply with H.R.
3630 which places restrictions on local government for the citing of wireless facilities on an
existing wireless tower or base station.
ITEM EXPLANATION:
On February 15, 2012, President Obama signed into law a bill passed by Congress that
includes among other provisions relevant to local government, restrictions on the siting of
wireless facilities. The new law takes effect immediately. Therefore, staff is proposing that City
Council Policy No. 64 regarding the siting of telecommunication facilities be amended to comply
with current Federal law.
The restriction being added to the Federal Telecommunications Act of 1996 law states that:
"Notwithstanding [47 USC section 332(c) (7)] or any other provision of law, a
state or local government may not deny, and shall approve, any eligible facilities
request for a modification of an existing wireless tower or base station that does
not substantially change the physical dimensions of such tower or base station"
(H.R. (House Rules) Sec 6409 (a) (1).)
To comply with the new law, this restriction is being added to the "REVIEW RESTRICTIONS"
imposed by City Council Policy No. 64. Likewise, A.4. ofthe "REVIEW AND APPROVAL
GUIDELINES" of City Council Policy No.64, referencing collocation, is being revised to reflect
that the City must approve collocation applications unless the expansion adds significantly to
the height or width of a facility. City Council Policy No. 64 D., "APPLICATION AND REVIEW
GUIDELINES," No.6 is also being revised to reflect that a Conditional Use Permit shall not be
required ifthe modifications to the existing site are insubstantial. However, a Conditional Use
Permit may still be required where the proposed wireless communication collocation facility is
not consistent with requirements for the existing wireless telecommunications facility installation
or substantially changes the physical dimensions ofthe existing tower or base station.
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball(S)carlsbadca.gov
FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
WITHDRAWN • RETURNED TO STAFF •
AMENDED • COUNCIL RECEIVED THE •
REPORT/PRESENTATION
OTHER-SEE MINUTES •
Page 2
The new law does not prohibit a state or local government from imposing appropriate conditions
on any requisite permit. Therefore even though the modification must be approved if there are
no substantial changes in the physical dimensions of a tower or station, any permit may be
conditional.
The law does not address whether insubstantial modifications to existing facilities must be
approved if the existing facilities are themselves nonconforming legal uses. Ordinance No. CS-
050 which amends Title 21, Chapter 21.48 addressing nonconforming uses is pending approval
at the Coastal Commission. As amended, Chapter 21.48.060 allows a nonconforming non-
residential structure to continue and to be altered or expanded if the alteration or expansion
does not result in an additional structural nonconformity and increase the degree ofthe existing
nonconformity of all or a part of such structure. Presumably, if the modification for a collocation
facility results in an additional structural nonconformity by increasing the height or dimensions
of a nonconforming structure and if the modification substantially increases the degree of the
existing nonconformity of all or a part of such structure, then the City would not be obligated to
approve such modification under the new law. Therefore the federal telecommunications law
as revised and the pending Municipal Code provisions relating to legal nonconforming uses are
harmonious since both recognize that a modification of a structure must be substantial to justify
a denial a permit.
It should be noted that the new law applies to cities as regulators, rather than as property
owners, and therefore the new restriction would not obligate the City to allow collocation on
property owned by the City.
FISCAL IMPACT:
Other than the expenditure of staff time, there are no costs associated with this amendment to
City Council Policy No. 64.
ENVIRONMENTAL IMPACT:
Amendments to City Council Policy No. 64 authorize the operation, repair, maintenance or
minor alteration of existing structures or facilities and not expanding uses which are exempt
under California Code of Regulations, Title 14, Chapter 3, Section 15301 and 15303
exempting installation of small, new equipment and facilities in small structures.
EXHIBITS:
1. Resolution No. 2012-083
2. Redline Version of City Council Policy 64
3. Amended Version of City Council Policy 64
1 RESOLUTION NO. 2012-083
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING COUNCIL POLICY
^ STATEMENT NO. 64 REGARDING WIRELESS
4 COMMUNICATION FACILITIES
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WHEREAS, Council Policy 64 addresses Wireless Communication Facilities in
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the City of Carlsbad; and
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WHEREAS, On February 15, 2012, President Obama signed into law H.R. 3630
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g which includes among other provisions relevant to local government, restrictions on the
10 siting of wireless facilities;
11 WHEREAS, H.R. 3630 adds the following provision to the Federal
12 Telecommunications Act of 1996:
"Notwithstanding [47 USC section 332(c) (7)] or any other provision of law, a
state or local government may not deny, and shall approve, any eligible facilities
request for a modification of an existing wireless tower or base station that does
j5 not substantially change the physical dimensions of such tower or base station"
(H.R. (House Rules) Sec 6409 (a) (1).)
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17 WHEREAS, the City Council of the City of Carlsbad is amending City Council
1^ Policy No. 64 to comply with current Federal law;
WHEREAS, the amended Policy includes revisions to the "REVIEW
RESTRICTIONS" sections which are consistent with federal law;
WHEREAS, the amended Policy includes revisions to section A.4. of the
"REVIEW AND APPROVAL GUIDELINES" referencing collocation, to reflect that the
City must approve collocation applications unless the expansion adds significantly to the
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23 height or width of a facility;
26 WHEREAS, the amended Policy includes revisions to Section D.,
27 "APPLICATION AND REVIEW GUIDELINES," No.6, to reflect that a Conditional Use
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Permit shall not be required ifthe modifications to the existing site are insubstantial.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows that:
1. The above recitations are true and correct.
2. That City Council Policy No. 64 will be amended to read as set forth in
Exhibit 2 to Agenda Bill No. 20,862.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
ofthe City of Carlsbad on the 10*^ day of April, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
MATTmALL, Mayor
ATTEST:
LORRAHslE M. WOOD, City Clerk
(SEAL)
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
DATED: Soptombor 21, 2001
Policy No.
Date Issued
Effective Date
Cancellation Date
Supersedes No.
Page 1 of 11
64
Julv 1^. 2009
Julv1^. 2009
Juno 8. 200-1
General Subiect:Cateqorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
PURPOSE AND GOAL:
Wireless communication facilities, or WCFs, refer to the many facilities with antennas and supporting
equipment that receive and transmit signals and together enable mobile or other "wire-free"
communication and information services. Unlike ground-wired telecommunications, such as the land-
based telephone system, wireless communication technologies, by their operational nature, require a
network of antennas mounted at various heights and attached typically to buildings, structures and poles.
A common name for a WCF is "cell site."
WCF proposals to the city became commonplace in the mid-1990s. Since then, Carlsbad has processed
dozens of new WCF applications and numerous permit renewals for existing facilities, all without benefit of
specific review criteria. As the City's population and the popularity and variety of wireless sen/ices grow,
providers are expected to install more facilities to improve coverage and gain user capacity.
This policy's purpose is to guide the public, applicants, boards and commissions, and staff in reviewing
the placement, construction, and modification of WCFs. The goal is to assure WCFs in Carlsbad:
• Are reviewed and provided within the parameters of law.
• Are encouraged to locate away from residential and other sensitive areas, except as
allowed by Section A. of this policy - Location Guidelines for the Placement of WCFs.
• Represent the fewest possible facilities necessary to complete a network without
discriminating against providers of functionally equivalent services or prohibiting the
provision of wireless services.
• Use, as much as possible, "stealth" techniques so they are not seen or easily noticed.
• Operate consistent with Carlsbad's quality of life.
This policy applies to all commercial providers of wireless communication services. It does not apply to
amateur (HAM) radio antennas and dish and other antennas installed on a residence for an individual's
private use.
BACKGROUND:
To secure the right to provide wireless services to a region, companies obtain ainwave licenses that are
auctioned by the Federal Communications Commission (FCC), the federal agency that regulates the
telecommunications industry. The FCC mandates the licensees establish their service networks as
quickly as possible.
In Carlsbad, there are three common types of wireless communication systems: Cellular, PCS (Personal
Communications Services), and ESMR (Enhanced Specialized Mobile Radio). The table below provides
the relevant similarities and differences between the three.
,6
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
DATED: Soptombor 21, 2001
Page 2 of 11
Policy No. 64
Date Issued Julv 1^. 2000
Effective Date Julv I'l. 2009
Cancellation Date
Supersedes No. Juno 8. 2001
Specific Subject: Review and operation guidelines for wireless communication facilities
Copios to: City Council, City Manager, City Attorney, Department Hoads and Divicion Heads,
Employee Bulletin Boards, Prose, Filo
ATTRIBUTES SYSTEM
Cellular ESMR PCS
Technology Analog, converting to digital Digital
Network Coverage Analog: Established
Digital: Developing Developing
Frequency 800 MHz 1900 MHz
Features
Telephone, call waiting, voice mail, caller ID, paging, e-mail, and Internet access
(Notes: Analog cellular does not provide all of these features. ES/Wf? also offers
dispatching and two-way radio. PCS also has video transmission ability.)
Transmission
A network of interconnected WCFs carries signals across a city and beyond. Each
WCF contains antennas that transmit and receive signals over a small geographic
area known as a "cell." As the user travels trom one cell to another, the signal is
passed from one WCF to another in the next cell.
Cell Size Radius Average 5 miles 0 -1 mile
Antenna Types Dish, Panel (or sector), and Whip
Antenna Support Lattice towers, Monopoles, Building or Structure-Attached
Supporting
Equipment In structures generally under 500 square feet In cabinets about the size
of vending machines
Provider Verizon, AT&T, Cingular
Wireless Nextel Sprint PCS
Table Notes
More facilities may be needed to complete a PCS network since its higher operating frequency limits
the range of its antennas and consequently the size of its cells.
The antennas for all three systems function on a line of sight transmission. Antennas need to be
placed at specific heights in relation to one another in order to transmit and receive signals. As a
result, height is a determining factor in the design and location of WCFs.
Monopole antenna supports may be installed on buildings or on the ground.
A single wireless communication facility may consist of two or more antennas and antennas of
different types. A facility may also include the antennas and supporting equipment of more than one
provider. This is known as "collocation." Collocation also refers to a WCF placed together with utility
structures such as water tanks, light standards, and transmission towers.
WCFs are usually unmanned and require maintenance visits once or twice each month.
This table is based on current information that is subject to change.
CITY OF CARLSBAD Page 3 of 11
Poiicy No. 64
COUNCIL POLICY STATEMENT Date Issued Julv 11 2000
DATED: Soptombor 21, 2001 Effective Date Julv 1^. 2009
Cancellation Date
Supersedes No. Juno 8. 2001
TCateqorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, Filo
REVIEW RESTRICTIONS:
The Federal Telecommunications Act of 1996 (TCA) preserves the City's ability to regulate the placement,
construction, and modification of wireless communication facilities subject to the following restrictions, as
contained in TCA Section 704.
• The City may not favor any carrier.
Regulations may not unreasonably discriminate among competitive providers.
• Tlie City may not prevent completion of a network.
Regulations may not prohibit or have the effect of prohibiting the provision of wireless
communication services.
• Applications are to be processed in a reasonable time.
A city must act on an application for WCFs within a "reasonable" amount of time, roughly
the same time as for any similar application.
• The City cannot deny an application because of perceived radio frequency health
hazards.
If federal standards are met, cities may not deny permits or leases on the grounds that
radio frequency emissions are harmful to the environment or to the health of residents.
However, local governments may require wireless carriers to prove compliance with the
standards. The FCC has established procedures to enforce compliance with its rules.
• The City cannot deny, and shall approve, any eligible facilities request for a*
modification of an existing wireless tower or base station that does not substantially
change .the physical dimensions of such tower or base station.
• A decision to deny an appiication must be supported by substantial evidence.
A decision to deny a WCF application must be in writing and supported by substantial
evidence contained in a written record.
Formatted: Font: Bold
Formatted: Indent: Hanging: 0.5", Bulleted +
Level: 1 + Aligned at: 0.75" + Tab after: 1" +
Indent at: 1"
Formatted: Font: Bold
1 ^ The Federal Communications Commission defines a "substantial change" as:
• The mounting of a proposed antenna on the tower that would increase the existing height of the tower bv more than
10%, or bv the height of one additional antenna array with separation from the nearest existing antenna not to exceed
twenty feet, whichever is greater, except that the mounting of the proposed antenna mav exceed the size limits set forth
in this paragraph if necessary to avoid interference with existing antennas: or
• The mounting of a proposed antenna that would involve adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of
the appurtenance, whichever is greater, except that the mounting ofthe proposed antenna mav exceed the size limits set
forth in this paragraph if necessarv to shelter the antenna from inclement weather or to connect the antenna to the tower
via cable.
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CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
DATED: September 21, 2001
Page 4 of 11
Policy No. 64
Date Issued Julv 11. 2000
Effective Date Julv ^A, 2009
Cancellation Date
Supersedes No. Juno 8. 2001
vCateaorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Hoads,
Employee Bulletin Boards, Press, File
HEALTH CONCERNS & SAFEGUARDS:
Possible health risks from exposure to the radio frequency (RF) electromagnetic fields generated by
WCFs are a significant community concern. Accordingly, the FCC requires facilities to comply with RF
exposure guidelines published in the Code of Federal Regulations (see 47 CFR §1.1307 and 47 CFR
§1.1310). The limits of exposure established by the guidelines are designed to protect the public health
with a very large margin of safety as they are many times below the levels that generally are accepted as
having the potential to cause adverse health effects. Both the Environmental Protection Agency and Food
and Drug Administration have endorsed the FCCs exposure limits, and courts have upheld the FCC rules
requiring compliance with the limits.
Most WCFs create maximum exposures that are only a small fraction of the limits. Furthermore, because
the antennas in a PCS, cellular, or other wireless network must be in a line of sight arrangement to
effectively transmit, their power is focused on the horizon instead of toward the sky or ground. Generally,
unless a person is physically next to and at the same height as an antenna, it is not possible to be
exposed to the established limits for RF exposure.
The FCC requires providers, upon license application, renewal, or modification, to demonstrate
compliance with RF exposure guidelines. Where two or more wireless operators have located their
antennas at a common location (called "collocation"), the total exposure from all antennas taken together
must be within FCC guidelines. Many facilities are exempt from having to demonstrate compliance with
FCC guidelines, however, because their low power generation or height above ground level is highly
unlikely to cause exposures that exceed the guidelines.
REVIEW AND APPROVAL GUIDEUNES:
Carlsbad Municipal Code Section 21.42.010(16) allows WCFs in all zones with the approval of a
conditional use permit (CUP) and subject to this policy. These guidelines should be followed in the review
of conditional use permits for new wireless facilities as well as extensions and amendments to CUPs for
existing installations.
A. Location Guideiines For Placement of WCFs
1. Preferred Locations - WCFs are encouraged to locate on existing buildings and structures.
In addition, WCFs should locate in the following zones and areas, which are listed in order
of descending preference:
a. Industrial zones.
b. Commercial zones.
c. Other non-residential zones, except open space.
CITY OF CARLSBAD Page 5 of 11
Policy No. 64
COUNCIL POLICY STATEMENT Date Issued Julv 11. 2000
DATED: Soptombor 21, 2001 Effective Date Julv I'l. 2009
Cancellation Date
Supersedes No. Juno 8. 2001
vCateoorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
d. Public right-of-way of roads adjacent to industrial and commercial zones and
identified on the Circulation Plan contained in the Circulation Element of the city's
General Plan.
e. Public property (e.g., city facilities) not in residential areas.
f. Major power transmission towers in non-residential zones or areas.
g. Public and private utility installations (not publicly accessible) in residential and open
space zones (e.g., water tanks, reservoirs, or the existing communication towers
near Maerkle Reservoir).
h. Parks and community facilities (e.g., places of worship, community centers) in
residential zones or areas.
i. Public right-of-way of roads adjacent to residential zones and identified on the
Circulation Plan contained in the Circulation Element of the city's General Plan.
Discouraged Locations - WCFs should not locate in any of the following zones or areas
unless the applicant demonstrates no feasible alternative exists as required by Application
and Review Guideline D.2.
a. Open space zones and lots (except as noted in Location Guideline A.I.).
b. Residential zones or areas (except as noted in Location Guideline A.1).
c. Major power transmission towers in corridors located in/or next to a residential zone
or area.
d. Environmentally sensitive habitat.
e. Public right-of-way of roads not identified on the Circulation Plan contained in the
Circulation Element of the city's General Plan.
f. On vacant land.
Visibility to the Public - In all areas, WCFs should locate where least visible to the public
and where least disruptive to the appearance of the host property. Furthermore, no WCF
should be installed on an exposed ridgeline or in a location readily visible from a public
place, recreation area, scenic area or residential area unless it is satisfactorily located
and/or screened so it is hidden or disguised.
Collocation - Collocating with existing or other planned wireless communication facilities is
recommended whenever feasible. Service providers are also encouraged to collocate with
water tanks, major power transmission and distribution towers, and other utility structures
when in compliance with these guidelines. The Citv must approve collocation applications
unless the expansion adds significantly to the height or width of a facility.
Monopoles - No new ground-mounted monopoles should be permitted unless the
applicant demonstrates no existing monopole, building, or structure can
CITY OF CARLSBAD Page 6 of 11
Policy No. 64
COUNCIL POLICY STATEMENT Date Issued Julv 11. 2000
DATED: Soptombor 21, 2001 Effective Date Julv 11. 2009
Cancellation Date
Supersedes No. Juno 8, 2001
^Categorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
accommodate the applicant's proposed antenna as required by Application and
Review Guideline D.3.
Design Guidelines
Stealth Design - All aspects of a WCF, including the supports, antennas, screening
methods, and equipment should exhibit "stealth" design techniques so they visually blend
into the background or the surface on which they are mounted. Subject to City approval,
developers should use false architectural elements (e.g., cupolas, bell towers, dormers,
and chimneys), architectural treatments (e.g., colors and materials), elements replicating
natural features (e.g., trees and rocks), landscaping, and other creative means to hide or
disguise WCFs. Stealth can also refer to facilities completely hidden by existing
improvements, such as parapet walls.
Equipment- Equipment should be located within existing buildings to the extent feasible. If
equipment must be located outside, it should be screened with walls and plants. If small
outbuildings are constructed specifically to house equipment, they should be designed and
treated to match nearby architecture or the surrounding landscape.
Collocation - Whenever feasible and appropriate, WCF design and placement should
promote and enable collocation.
Height - WCFs should adhere to the existing height limitations of the zone in which they
are located.
Setbacks - WCFs, including all equipment, should adhere to the building setback
requirements of the zone in which they are located, with the following clarifications:
a. If on a site next to a residential zone, the WCF should be set back from the
residential zone boundary a minimum distance equal to the above-ground height of
the antenna.
b. If in a residential zone and in a public utility installation, park, or community facility,
the WCF should be set back from the property boundaries of the utility installation,
park, or community facility a minimum distance equal to the above-ground height of
the antenna.
c. The Planning Commission may decrease or increase these setbacks if it finds such
changes would improve the overall compatibility of the WCF based on the factors
contained in Application and Review Guideline D.4.
Building or Structure-Mounted WCFs:
CITY OF CARLSBAD Page 7 of 11
Policy No. 64
COUNCIL POLICY STATEMENT Date Issued Julv 11. 2000
DATED: Soptombor 21, 2001 Effective Date Julv I'l, 2009
Cancellation Date
Supersedes No. Juno 8. 2001
fCateqorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copies to: City Council, City Manager, City Attornoy, Department Heads and Division Heads,
Employee Bulletin Boards, Press, Filo
a. Antennas and their associated mountings should generally not project outward
more than 18 inches from the face of the building.
b. Roof-mounted antennas should be located as far away as possible from the outer
edge of a building or structure and should not be placed on roof peaks.
c. If permitted, WCFs on residential buildings should only be allowed if disguised as a
typical residential feature (e.g., a chimney, a dormer) and if all equipment is located
inside, not outside, the building.
7. Ground-mounted Monopoles:
a. All antennas should be mounted as close as possible to the monopole to improve
facility appearance.
b. The placement, screening, and disguise of the monopole should fit with the
surrounding site design, architecture, and landscaping. Tree disguises, such as a
"mono-palm," may be acceptable depending on their quality and compatibility with
landscaping nearby.
c. Landscaping should be provided as necessary to screen, complement, or add
realism to a monopole. Landscaping should include mature shrubs and trees.
Some of the trees should be tall enough to screen at least three-quarters of the
height of the monopole at the time of planting. Sometimes, landscaping may not be
needed because of the monopole's location or vegetation already nearby.
d. When possible and in compliance with these guidelines, monopoles should be
placed next to tall buildings, structures, or tall trees.
8. Lattice Towers
a. New lattice towers should not be permitted in the City.
b. On existing lattice towers, all antennas should be mounted as close as possible to
the tower so they are less noticeable.
9. Undergrounding - AW utilities should be placed underground.
10. Regulatory Compliance - WCFs should comply with all FCC, FAA (Federal Aviation
Administration), and local zoning and building code requirements.
11. WCFs in Public Right-of-Way
a. Antennas for facilities shall be attached to existing poles (e.g. street lights),
substantially similar replacement poles in the same location, or vertical structures
already located in the right-of-way. The installation of new poles or vertical
structures shall only be permitted if it can be demonstrated that a new pole or
structure is essential to providing coverage.
b. The antenna assembly may not exceed the height of the existing pole.
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
DATED: Soptombor 21, 2001
Page 8 of 11
Policy No. 64
Date Issued Julv 11. 2000
Effective Date Julv 11. 2009
Cancellation Date
Supersedes No. Juno 8. 2001
Gonoral Subioct:Categorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copies to: City Council, City Manager, City Attornoy, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
c. The use of an existing pole, replacement pole or other existing vertical structure
shall require the authorization of the owner of the pole or structure. If a city street
light or other city-owned structure is used, compensation shall be paid to the city as
the owner. If a private pole or structure is used, a right-of-way permit shall be
obtained from the city.
d. Panel antennas shall be vertically mounted to a pole or structure in compliance with
any applicable separation requirements and shall not exceed eight-inches in
distance from the pole to the front side of the panel.
e. No more than four Panel Antennas or two omni-directional Antennas shall be
mounted on any utility pole or structure by any one provider.
f. Antennas shall be painted to match the color of the surface of the pole on which
they are attached or shall othen/vise be screened to reduce their visibility.
g. All other equipment associated with the facility shall be placed underground
wherever possible. If it can be demonstrated that complete undergrounding of
associated equipment is not possible, waiver requests involving landscaping or
other screening techniques or visual mitigation will be considered. All equipment
not placed underground shall be setback at least 2.5 feet from the back of the curb
and within the parkway or greenway or 2.5 feet back from the edge of the sidewalk
when it is contiguous to the curb.
h. All equipment associated with the facility shall be located so as to minimize impacts
to pedestrian access and vehicular site distance and safety.
Performance Guidelines
1. Noise - All equipment, such as emergency generators and air conditioners, should be
designed and operated consistent with the City noise standards.
2. Maintenance - All facilities, related equipment, and landscaping should be maintained in
good condition and free from trash, debris, graffiti, and any form of vandalism. All required
landscaping should be automatically irrigated. Damaged equipment and damaged, dead,
or decaying landscaping should be replaced promptly. Replacement of landscaping that
provides facility screening should be, as much as possible, of similar size (Including
height), type, and screening capability at the time of planting as the plant(s) being replaced.
3. Maintenance Hours - Except in an emergency posing an immediate public health and
safety threat, maintenance activities in or within 100 feet of a residential zone should only
occur between 7 AM (8 AM on Saturdays) and sunset. Maintenance should not take place
on Sundays or holidays.
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CITY OF CARLSBAD Page 9 of 11
Policy No. 64
COUNCIL POLICY STATEMENT Date Issued Julv 11. 2009
DATED: September 21, 2001 Effective Date Julv 11. 2009
Cancellation Date
Supersedes No. Juno 8. 2001
t^Categorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copios to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, Filo
4. Lighting - Security lighting should be kept to a minimum and should only be triggered by a
motion detector where practical.
5. Compliance with FCC RF Exposure Guidelines - Within six (6) months after the issuance
of occupancy, and with each time extension or amendment request, the developer/operator
should submit to the Planning Director either verification that the WCF is categorically
excluded from having to determine compliance with the guidelines per 47 CFR
§1.1307(b)(1) or a project implementation report that provides cumulative field
measurements of radio frequency (RF) electromagnetic fields of all antennas installed at
the subject site. The report should quantify the RF emissions and compare the results with
currently accepted ANSI/IEEE standards as specified by the FCC. The Planning Director
should review the report for consistency with the project's preliminary proposal report
submitted with the initial project application and the accepted ANSI/IEEE standards. If, on
review, the Planning Director finds the project does not meet ANSI/IEEE standards, the
City may revoke or modify the conditional use permit.
6. Abandonment - Any WCF that is not operated for a continuous period of 180 days will be
considered abandoned. Within 90 days of receipt of notice from the City notifying the
owner of such abandonment, the WCF owner must remove the facility and restore the site,
as much as is reasonable and practical, to its prior condition. If such WCF is not removed
within the 90 days, the WCF will be considered a nuisance and in addition to any other
available remedy, will be subject to abatement under Chapter 6.16 of the Carlsbad
Municipal Code. If there are two or more users of a single WCF, then this provision will not
become effective until all users stop using the WCF. The provider or owner must give
notice to the City of the intent to discontinue use of any facility before discontinuing the
use.
Application and Review Guidelines
1. Besides the typical submittal requirements for a conditional use permit (including plans,
landscape details, and color and material samples, as appropriate), all WCF applications
should include the following items:
a. A description of the site selection process undertaken for the WCF proposed.
Coverage objectives and the reasons for selecting the proposed site and rejecting
other sites should be provided.
b. A description or map of the applicant's existing and other proposed sites.
c. A description of the wireless system proposed (e.g., cellular, PCS, etc.) and its
consumer features (e.g., voice, video, and data transmissions).
d. Verification that the proposed WCF will either comply with the FCCs guidelines for
human exposure to radio frequency (RF) electromagnetic fields or will be
CITY OF CARLSBAD
COUNCIL POLICY STATEMENT
DATED: Soptombor 21, 2001
Page 10 of 11
Policy No. 64
Date Issued Julv 11. -2009
Effective Date Julv 11. -2009
Cancellation Date
Supersedes No. Juno 8. 2001
vCateoorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads,
Employee Bulletin Boards, Press, File
categorically excluded from having to determine compliance with the guidelines per
47 CFR §^ .1307(b)(1). If WCFs are proposed for collocation, the verification must
show the total exposure from all facilities taken together meets the FCC guidelines
e. Color photo-simulation exhibits, prepared to scale, of the proposed WCF to show
what the project would look like at its proposed location and from surrounding
viewpoints. The Planning Director may waive the requirement to provide the
exhibits if he determines they are unnecessary.
For WCFs proposed in a zone or area that is a discouraged WCF location as listed in
Location Guideline A.2., the applicant should provide evidence that no location in a
preferred zone or area as listed in Location Guideline A.l. can accommodate the
applicant's proposed facility. Evidence should document that preferred zone or area
locations do not meet engineering, coverage, location, or height requirements, or have
other unsuitable limitations.
For proposed new ground-mounted monopoles, the applicant should also provide evidence
to the City's satisfaction that no existing monopole, building, structure, or WCF site
("existing facility") could accommodate the proposal. Evidence should demonstrate any of
the following:
a. No existing facility is located within the geographic area or provides the height or
structural strength needed to meet the applicant's engineering requirements.
b. The applicant's proposed WCF would cause electromagnetic interference with the
existing antennae array or vice versa.
c. The fees, costs, or contractual provisions required by the owner to locate on an
existing facility or to modify the same to enable location are unreasonable. Costs
exceeding new monopole development are presumed to be unreasonable.
d. The applicant demonstrates to the Planning Commission's satisfaction that there
are other limiting factors that render an existing facility unsuitable.
In considering a Conditional Use Permit for a WCF, the Planning Commission should
consider the following factors:
a. Compliance with these guidelines.
b. ' Height and setbacks.
c. Proximity to residential uses.
d. The nature of uses on adjacent and nearby properties.
e. Surrounding topography and landscaping.
f. Quality and compatibility of design and screening.
g. Impacts on public views and the visual quality of the surrounding area.
h. Availability of other facilities and buildings for collocation.
CITY OF CARLSBAD Page 11 of 11
Policy No. 64
COUNCIL POLICY STATEMENT Date Issued Julv 11. 2000
DATED: Soptombor 21, 2001 Effective Date Julv 11, 2000
Cancellation Date
Supersedes No. Juno 8. 2001
vCateqorv: WIRELESS COMMUNICATION FACILITIES
Specific Subject: Review and operation guidelines for wireless communication facilities
Copies to: City Council, City Manager, City Attornoy, Dopartmont Heads and Division Hoads,
Employee Bulletin Boards, Press, File
a.6.
Conditional Use Permits for WCFs should be granted for a period not to exceed ten years
unless public safety reasons and/or substantial land use reasons, including limitations on
the term of use imposed by the owner of the property, justify a shorter term. Upon a
request for either an extension or an amendment of a CUP, the WCF should be
reevaluated to assess the impact of the facility on adjacent properties, the record of
maintenance and performance with reference to the conditions of approval, and
consistency with these guidelines. Additionally, the City should review the appropriateness
of the existing facility's technology, and the applicant should be required to document that
the WCF maintains the technology that is the smallest, most efficient, and least visible and
that there are not now more appropriate and available locations for the facility, such as the
opportunity to collocate or relocate to an existing building.
-Collocation. Collocation of a proposed WCF on an existing WCF may be allowod undor
limited circumstances.
_For the purposes of collocation, the following definitions apply:
(i) "Collocation facility" means the placement or installation of WCFs, including
antennas, and related equipment, on or immediately adjacent to, a wireless
telecommunications collocation facility.
(ii) "Wireless telecommunications facility" means equipment and network
emergency power systems that are integral to providing wireless
telecommunications services.
(iii) "Wireless telecommunications collocation facility" or "WTCF" means a
wireless telecommunications facility that includes Collocation facilities.
\^a. A conditional use permit shall not be required when thefor a proposed WCF
Collocation facility which will be placed on a previously approved WTCF provided that:
(i) The new WCF Collocation facility is consistent with requirements for the
existing WTCF installation; and
(ii) The modification of an existinq wireless tower or base station does not
physically change the dimensions of such tower or base station.
(4i) The existing WCF Collocation facility (including aesthetic and design critoria)
was subject to a conditional use permit issued on or after January 1, 2007
and subject to review under the California Environmental Quality Act
(CEQA).
Crb-Approval of an application to construct or reconstruct a WCF wireless facility shall not
require an escrow deposit for removal of the WCF Collocation facility or any component
thereof.
drC-Notwithstanding subsection (c) above, the City may require a performance bond or*-
other surety or another form of security if the amount required is rationally related to the
cost of removal.
Formatted: Indent: Left: 0.5", Hanging: 0.5"
Tab stops: -0.81", List tab + Not at 0.75"
"( Formatted: Indent: Left: 1", Hanging: 0.25"
Policy No. 64
In Carlsbad, there are three common types of wireless communication systems: Cellular, PCS (Personal
Communications Services), and ESMR (Enhanced Specialized Mobile Radio). The table below provides
the relevant similarities and differences between the three.
ATTRIBUTES
SYSTEM
ATTRIBUTES
Cellular ESMR PCS
Technology Analog, converting to
digital Digital
Network Coverage Analog: Established
Digital: Developing Developing
Frequency 800 MHz 1900 MHz
Features
Telephone, call waiting, voice mail, caller ID, paging, e-mail, and Internet access
(Notes: Analog cellular does not provide all of these features. ESMR also offers
dispatching and two-way radio. PCS also has video transmission ability.)
Transmission
A network of interconnected WCFs carries signals across a city and beyond. Each
WCF contains antennas that transmit and receive signals over a small geographic
area known as a "cell." As the user travels from one cell to another, the signal is
passed from one WCF to another in the next cell.
Cell Size Radius Average 5 miles 0-1 mile
Antenna Types Dish, Panel (or sector), and Whip
Antenna Support Lattice towers, Monopoles, Building or Structure-Attached
Supporting
Equipment In structures generally under 500 square feet In cabinets about the size
of vending machines
Provider Verizon, AT&T, Cingular
Wireless Nextel Sprint PCS
Table Notes
• More facilities may be needed to complete a PCS network since its higher operating frequency limits the range of its
antennas and consequently the size of its cells.
• The antennas for all three systems function on a line of sight transmission. Antennas need to be placed at specific
heights in relation to one another in order to transmit and receive signals. As a result, height is a determining factor in
the design and location of WCFs.
• Monopole antenna supports may be installed on buildings or on the ground.
• A single wireless communication facility may consist of two or more antennas and antennas of different types. A
facility may also include the antennas and supporting equipment of more than one provider. This is known as
"collocation." Collocation also refers to a WCF placed together with utility structures such as water tanks, light
standards, and transmission towers.
• WCFs are usually unmanned and require maintenance visits once or twice each month.
• This table is based on current information that is subject to change.
POLICY:
REVIEW RESTRICTIONS:
The Federal Telecommunications Act of 1996 (TCA) preserves the City's ability to regulate the
placement, construction, and modification of wireless communication facilities subject to the following
restrictions, as contained in TCA Section 704.
Page 2 of9
17
Policy No. 64
• The City may not favor any carrier.
Regulations may not unreasonably discriminate among competitive providers.
• The City may not prevent completion of a network.
Regulations may not prohibit or have the effect of prohibiting the provision of wireless
communication services.
• Applications are to be processed in a reasonable time.
A city must act on an application for WCFs within a "reasonable" amount of time, roughly the
same time as for any similar application.
• The City cannot deny an application because of perceived radio frequency health hazards.
If federal standards are met, cities may not deny permits or leases on the grounds that radio
frequency emissions are harmful to the environment or to the health of residents. However,
local governments may require wireless carriers to prove compliance with the standards. The
FCC has established procedures to enforce compliance with its rules.
• The City cannot deny, and shall approve, any eligible facilities request for a modification of an
existing wireless tower or base station that does not substantially change^ the physical
dimensions of such tower or base station.
• A decision to deny an application must be supported by substantial evidence.
A decision to deny a WCF application must be in writing and supported by substantial evidence
contained in a written record.
HEALTH CONCERNS & SAFEGUARDS:
Possible health risks from exposure to the radio frequency (RF) electromagnetic fields generated by
WCFs are a significant community concern. Accordingly, the FCC requires facilities to comply with RF
exposure guidelines published in the Code of Federal Regulations (see 47 CFR §1.1307 and 47 CFR
§1.1310). The limits of exposure established by the guidelines are designed to protect the public health
with a very large margin of safety as they are many times below the levels that generally are accepted as
having the potential to cause adverse health effects. Both the Environmental Protection Agency and
Food and Drug Administration have endorsed the FCCs exposure limits, and courts have upheld the FCC
rules requiring compliance with the limits.
Most WCFs create maximum exposures that are only a small fraction of the limits. Furthermore,
because the antennas in a PCS, cellular, or other wireless network must be in a line of sight arrangement
to effectively transmit, their power is focused on the horizon instead of toward the sky or ground.
Generally, unless a person is physically next to and at the same height as an antenna, it is not possible to
be exposed to the established limits for RF exposure.
^ The Federal Communications Commission defines a "substantial change" as:
• The mounting of a proposed antenna on the tower that would increase the existing height of the tower by
more than 10%, or by the height of one additional antenna array with separation from the nearest existing
antenna not to exceed twenty feet, whichever is greater, except that the mounting of the proposed
antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with
existing antennas; or
• The mounting of a proposed antenna that would involve adding an appurtenance to the body of the tower
that would protrude from the edge of the tower more than twenty feet, or more than the width of the
tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the
proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna
from inclement weather or to connect the antenna to the tower via cable.
Page 3 of9
I?
Policy No. 64
The FCC requires providers, upon license application, renewal, or modification, to demonstrate
compliance with RF exposure guidelines. Where two or more wireless operators have located their
antennas at a common location (called "collocation"), the total exposure from all antennas taken
together must be within FCC guidelines. Many facilities are exempt from having to demonstrate
compliance with FCC guidelines, however, because their low power generation or height above ground
level is highly unlikely to cause exposures that exceed the guidelines.
REVIEW AND APPROVAL GUIDEUNES:
Carlsbad Municipal Code Section 21.42.010(16) allows WCFs in all zones with the approval of a
conditional use permit (CUP) and subject to this policy. These guidelines should be followed in the
review of conditional use permits for new wireless facilities as well as extensions and amendments to
CUPs for existing installations.
A. Location Guidelines For Placement of WCFs
1. Preferred Locations - WCFs are encouraged to locate on existing buildings and structures. In
addition, WCFs should locate in the following zones and areas, which are listed in order of
descending preference:
a. Industrial zones.
b. Commercial zones.
c. Other non-residential zones, except open space.
d. Public right-of-way of roads adjacent to industrial and commercial zones and identified
on the Circulation Plan contained in the Circulation Element of the city's General Plan.
e. Public property (e.g., city facilities) not in residential areas.
f. Major power transmission towers in non-residential zones or areas.
g. Public and private utility installations (not publicly accessible) in residential and open
space zones (e.g., water tanks, reservoirs, or the existing communication towers near
Maerkle Reservoir).
h. Parks and community facilities (e.g., places of worship, community centers) in
residential zones or areas.
i. Public right-of-way of roads adjacent to residential zones and identified on the
Circulation Plan contained in the Circulation Element ofthe city's General Plan.
2. Discouraged Locations - WCFs should not locate in any of the following zones or areas
unless the applicant demonstrates no feasible alternative exists as required by Application
and Review Guideline D.2.
a. Open space zones and lots (except as noted in Location Guideline A.l.).
b. Residential zones or areas (except as noted in Location Guideline A.l).
c. Major power transmission towers in corridors located in/or next to a residential zone or
area.
d. Environmentally sensitive habitat.
e. Public right-of-way of roads not identified on the Circulation Plan contained in the
Circulation Element ofthe city's General Plan.
f. On vacant land.
3. Visibility to the Public - In all areas, WCFs should locate where least visible to the public and
where least disruptive to the appearance of the host property. Furthermore, no WCF
Page 4 of 9 1^
Policy No. 64
should be installed on an exposed ridgeline or in a location readily visible from a public
place, recreation area, scenic area or residential area unless it is satisfactorily located and/or
screened so it is hidden or disguised.
4. Collocation - Collocating with existing or other planned wireless communication facilities is
recommended whenever feasible. Service providers are also encouraged to collocate with
water tanks, major power transmission and distribution towers, and other utility structures
when in compliance with these guidelines. The City must approve collocation applications
unless the expansion adds significantly to the height or width of a facility.
5. Monopoles - No new ground-mounted monopoles should be permitted unless the applicant
demonstrates no existing monopole, building, or structure can accommodate the applicant's
proposed antenna as required by Application and Review Guideline D.3.
B. Design Guidelines
1. Stealth Design - All aspects of a WCF, including the supports, antennas, screening methods,
and equipment should exhibit "stealth" design techniques so they visually blend into the
background or the surface on which they are mounted. Subject to City approval, developers
should use false architectural elements (e.g., cupolas, bell towers, dormers, and chimneys),
architectural treatments (e.g., colors and materials), elements replicating natural features
(e.g., trees and rocks), landscaping, and other creative means to hide or disguise WCFs.
Stealth can also refer to facilities completely hidden by existing improvements, such as
parapet walls.
2. Equipment - Equipment should be located within existing buildings to the extent feasible. If
equipment must be located outside, it should be screened with walls and plants. If small
outbuildings are constructed specifically to house equipment, they should be designed and
treated to match nearby architecture or the surrounding landscape.
3. Collocation - Whenever feasible and appropriate, WCF design and placement should
promote and enable collocation.
4. Height - WCFs should adhere to the existing height limitations of the zone in which they are
located.
5. Setbacks - WCFs, including all equipment, should adhere to the building setback
requirements ofthe zone in which they are located, with the following clarifications:
a. If on a site next to a residential zone, the WCF should be set back from the residential
zone boundary a minimum distance equal to the above-ground height ofthe antenna.
b. If in a residential zone and in a public utility installation, park, or community facility, the
WCF should be set back from the property boundaries ofthe utility installation, park, or
community facility a minimum distance equal to the above-ground height of the
antenna.
c. The Planning Commission may decrease or increase these setbacks if it finds such
changes would improve the overall compatibility of the WCF based on the factors
contained in Application and Review Guideline D.4.
Page 5 of9
Policy No. 64
Building or Structure-Mounted WCFs:
a. Antennas and their associated mountings should generally not project outward more
than 18 inches from the face ofthe building.
b. Roof-mounted antennas should be located as far away as possible from the outer edge
of a building or structure and should not be placed on roof peaks.
c. If permitted, WCFs on residential buildings should only be allowed if disguised as a
typical residential feature (e.g., a chimney, a dormer) and if all equipment is located
inside, not outside, the building.
7. Ground-mounted Monopoles:
a. All antennas should be mounted as close as possible to the monopole to improve facility
appearance.
b. The placement, screening, and disguise of the monopole should fit with the surrounding
site design, architecture, and landscaping. Tree disguises, such as a "mono-palm," may
be acceptable depending on their quality and compatibility with landscaping nearby.
c. Landscaping should be provided as necessary to screen, complement, or add realism to
a monopole. Landscaping should include mature shrubs and trees. Some of the trees
should be tall enough to screen at least three-quarters of the height of the monopole at
the time of planting. Sometimes, landscaping may not be needed because of the
monopole's location or vegetation already nearby.
d. When possible and in compliance with these guidelines, monopoles should be placed
next to tall buildings, structures, or tall trees.
8. Lattice Towers
a. New lattice towers should not be permitted in the City.
b. On existing lattice towers, all antennas should be mounted as close as possible to the
tower so they are less noticeable.
9. Undergrounding - All utilities should be placed underground.
10. Regulatory Compliance - WCFs should comply with all FCC, FAA (Federal Aviation
Administration), and local zoning and building code requirements.
11. WCFs in Public Right-of-Way
a. Antennas for facilities shall be attached to existing poles (e.g. street lights), substantially
similar replacement poles in the same location, or vertical structures already located in
the right-of-way. The installation of new poles or vertical structures shall only be
permitted if it can be demonstrated that a new pole or structure is essential to providing
coverage.
b. The antenna assembly may not exceed the height of the existing pole.
c. The use of an existing pole, replacement pole or other existing vertical structure shall
require the authorization of the owner of the pole or structure. If a city street light or
other city-owned structure is used, compensation shall be paid to the city as the owner.
If a private pole or structure is used, a right-of-way permit shall be obtained from the
city.
d. Panel antennas shall be vertically mounted to a pole or structure in compliance with any
applicable separation requirements and shall not exceed eight-inches in distance from
Page 6 of 9
Policy No. 64
the pole to the front side of the panel.
e. No more than four Panel Antennas or two omni-directional Antennas shall be mounted
on any utility pole or structure by any one provider.
f. Antennas shall be painted to match the color of the surface of the pole on which they
are attached or shall otherwise be screened to reduce their visibility.
g. All other equipment associated with the facility shall be placed underground wherever
possible. If it can be demonstrated that complete undergrounding of associated
equipment is not possible, waiver requests involving landscaping or other screening
techniques or visual mitigation will be considered. All equipment not placed
underground shall be setback at least 2.5 feet from the back of the curb and within the
parkway or greenway or 2.5 feet back from the edge of the sidewalk when it is
contiguous to the curb.
h. All equipment associated with the facility shall be located so as to minimize impacts to
pedestrian access and vehicular site distance and safety.
C. Performance Guidelines
1. Noise - All equipment, such as emergency generators and air conditioners, should be
designed and operated consistent with the City noise standards.
2. Maintenance - All facilities, related equipment, and landscaping should be maintained in
good condition and free from trash, debris, graffiti, and any form of vandalism. All required
landscaping should be automatically irrigated. Damaged equipment and damaged, dead, or
decaying landscaping should be replaced promptly. Replacement of landscaping that
provides facility screening should be, as much as possible, of similar size (including height),
type, and screening capability at the time of planting as the plant(s) being replaced.
3. Maintenance Hours - Except in an emergency posing an immediate public health and safety
threat, maintenance activities in or within 100 feet of a residential zone should only occur
between 7 AM (8 AM on Saturdays) and sunset. Maintenance should not take place on
Sundays or holidays.
4. Lighting - Security lighting should be kept to a minimum and should only be triggered by a
motion detector where practical.
5. Compliance with FCC RF Exposure Guidelines - Within six (6) months after the issuance of
occupancy, and with each time extension or amendment request, the developer/operator
should submit to the Planning Director either verification that the WCF is categorically
excluded from having to determine compliance with the guidelines per 47 CFR §1.1307(b)(l)
or a project implementation report that provides cumulative field measurements of radio
frequency (RF) electromagnetic fields of all antennas installed at the subject site. The report
should quantify the RF emissions and compare the results with currently accepted ANSI/IEEE
standards as specified by the FCC. The Planning Director should review the report for
consistency with the project's preliminary proposal report submitted with the initial project
application and the accepted ANSI/IEEE standards. If, on review, the Planning Director finds
the project does not meet ANSI/IEEE standards, the City may revoke or modify the
conditional use permit.
Page 7 of9
Policy No. 64
6. Abandonment - Any WCF that is not operated for a continuous period of 180 days will be
considered abandoned. Within 90 days of receipt of notice from the City notifying the
owner of such abandonment, the WCF owner must remove the facility and restore the site,
as much as is reasonable and practical, to its prior condition. If such WCF is not removed
within the 90 days, the WCF will be considered a nuisance and in addition to any other
available remedy, will be subject to abatement under Chapter 6.16 of the Carlsbad
Municipal Code. If there are two or more users of a single WCF, then this provision will not
become effective until all users stop using the WCF. The provider or owner must give notice
to the City of the intent to discontinue use of any facility before discontinuing the use.
D. Application and Review Guidelines
1. Besides the typical submittal requirements for a conditional use permit (including plans,
landscape details, and color and material samples, as appropriate), all WCF applications
should include the following items:
a. A description of the site selection process undertaken for the WCF proposed. Coverage
objectives and the reasons for selecting the proposed site and rejecting other sites
should be provided.
b. A description or map of the applicant's existing and other proposed sites.
c. A description of the wireless system proposed (e.g., cellular, PCS, etc.) and its consumer
features (e.g., voice, video, and data transmissions).
d. Verification that the proposed WCF will either comply with the FCCs guidelines for
human exposure to radio frequency (RF) electromagnetic fields or will be categorically
excluded from having to determine compliance with the guidelines per 47 CFR
§1.1307(b)(1). If WCFs are proposed for collocation, the verification must show the
total exposure from all facilities taken together meets the FCC guidelines
e. Color photo-simulation exhibits, prepared to scale, of the proposed WCF to show what
the project would look like at its proposed location and from surrounding viewpoints.
The Planning Director may waive the requirement to provide the exhibits if he
determines they are unnecessary.
2. For WCFs proposed in a zone or area that is a discouraged WCF location as listed in Location
Guideline A.2., the applicant should provide evidence that no location in a preferred zone or
area as listed in Location Guideline A.l. can accommodate the applicant's proposed facility.
Evidence should document that preferred zone or area locations do not meet engineering,
coverage, location, or height requirements, or have other unsuitable limitations.
3. For proposed new ground-mounted monopoles, the applicant should also provide evidence
to the City's satisfaction that no existing monopole, building, structure, or WCF site
("existing facility") could accommodate the proposal. Evidence should demonstrate any of
the following:
a. No existing facility is located within the geographic area or provides the height or
structural strength needed to meet the applicant's engineering requirements.
b. The applicant's proposed WCF would cause electromagnetic interference with the
existing antennae array or vice versa.
c. The fees, costs, or contractual provisions required by the owner to locate on an existing
facility or to modify the same to enable location are unreasonable. Costs exceeding new
monopole development are presumed to be unreasonable.
Page 8 of9
9d
Policy No. 64
d. The applicant demonstrates to the Planning Commission's satisfaction that there are
other limiting factors that render an existing facility unsuitable.
4. In considering a Conditional Use Permit for a WCF, the Planning Commission should consider
the following factors:
a. Compliance with these guidelines.
b. Height and setbacks.
c. Proximity to residential uses.
d. The nature of uses on adjacent and nearby properties.
e. Surrounding topography and landscaping.
f. Quality and compatibility of design and screening.
g. Impacts on public views and the visual quality of the surrounding area.
h. Availability of other facilities and buildings for collocation.
5. Conditional Use Permits for WCFs should be granted for a period not to exceed ten years
unless public safety reasons and/or substantial land use reasons, including limitations on the
term of use imposed by the owner of the property, justify a shorter term. Upon a request
for either an extension or an amendment of a CUP, the WCF should be reevaluated to assess
the impact of the facility on adjacent properties, the record of maintenance and
performance with reference to the conditions of approval, and consistency with these
guidelines. Additionally, the City should review the appropriateness ofthe existing facility's
technology, and the applicant should be required to document that the WCF maintains the
technology that is the smallest, most efficient, and least visible and that there are not now
more appropriate and available locations for the facility, such as the opportunity to
collocate or relocate to an existing building.
6. Collocation. For the purposes of collocation, the following definitions apply:
(i) "Collocation facility" means the placement or installation of WCFs, including
antennas, and related equipment, on or imhiediately adjacent to, a wireless
telecommunications collocation facility.
(ii) "Wireless telecommunications facility" means equipment and network
emergency power systems that are integral to providing wireless
telecommunications services.
(iii) "Wireless telecommunications collocation facility" or "WTCF" means a wireless
telecommunications facility that includes Collocation facilities.
a. A conditional use permit shall not be required for a proposed WCF Collocation facility
which will be placed on a previously approved WTCF provided that:
(i) The new WCF Collocation facility is consistent with requirements for the existing
WTCF installation; and
(ii) The modification of an existing wireless tower or base station does not physically
change the dimensions of such tower or base station.
b. Approval of an application to construct or reconstruct a WCF wireless facility shall not
require an escrow deposit for removal of the WCF Collocation facility or any component
thereof.
c. Notwithstanding subsection (c) above, the City may require a performance bond or
other surety or another form of security if the amount required is rationally related to
the cost of removal.
Page 9 of9