HomeMy WebLinkAbout2021-12-14; Council Policy No. 64 - Wireless Communication Facilities{city of
Carlsbad
Council Policy Statement
Category: WIRELESS COMMUNICATION FACILITIES
Policy No.
Date Issued:
Effective Date:
Resolution No.
Cancellation Date:
64
9/26/2017
9/26/2017
2017-
Supersedes No. 64 04/10/12
Specific Subject: Review and Operation Guidelines for Wireless Communication Facilities
PURPOSE:
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
services 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, dish antennas, collocations and/or modifications covered under
Federal Communications Commission (FCC) regulations at 47 C.F.R. §§ 1.40001 et seq. and other
antennas installed on a residence for an individual's private use.
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Policy No. 64
BACKGROUND:
To secure the right to provide personal wireless services to a region, companies often must obtain
airwave licenses that are auctioned by the FCC, the federal agency that regulates the
telecommunications industry. For radio services that use license spectrum, 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).
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.
• The city may not favor any carrier.
Regulations may not unreasonably discriminate among functionally equivalent service
providers.
• The city may not prevent completion of a network.
Regulations may not prohibit or have the effect of prohibiting the provision of personal wireless
services. The denial of a single permit application may cause an effective prohibition if it would
perpetuate a significant gap even though the applicant proposes the least intrusive means to
close that gap.
• Applications are to be processed in a reasonable time.
A city must act on an application for WCFs within a "reasonable" amount of time, which the
FCC generally defines as either 60, 90, or 150 days from the time an application is submitted
and depending on the nature and scope of the proposed wireless facility.
• The city cannot deny an application because of perceived radio frequency health hazards.
If federal standards are met, cities may not deny permits on the grounds that radio frequency
emissions (RF) 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.
The FCC promulgated detailed regulations for this restriction, including a definition for
"substantial change" and procedural rules for processing these applications, which can be
found at 47 C.F.R. § 1.40001 et seq.
• Certain collocation facilities are not subject to discretionary permit requirements.
Under California Government Code section 65850.6, a collocation facility (where two or more
wireless operators have located their antennas at a common location) shall be a permitted use
not subject to discretionary permit requirements if it satisfies the requirements of that statute.
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Policy No. 64
• 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. The reasons for the denial must also be contained in a written
record contemporaneously available with the written denial notice and must be clear enough
to enable judicial review.
HEALTH CONCERNS & SAFEGUARDS:
Possible health risks from exposure to the 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 approximately 50 times below the levels that generally are accepted as
having the potential to cause a measurable change in human physiology. Both the Environmental
Protection Agency and Food and Drug Administration have endorsed the FCC's 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 operate more efficiently when 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 RF emissions that exceed the maximum permissible
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 GUIDELINES:
Carlsbad Municipal Code Section 21.42.140(8)(165) 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 CUPs for new WCFs as well as extensions and amendments to CUPs for existing installations.
For WCFs to be located in the public right-of-way of roads, which generally is not zoned, the following
permitting requirements apply:
(1) A right of way permit shall be required instead of a CUP for a WCF that is (i) to be located on an
existing or replacement pole, (ii) is consistent with the preferred locations in Location Guideline
A.1 (or if in a discouraged location in Location Guideline A.2, has all equipment underground),
and (iii) is consistent with Design Guidelines for WCFs in the Public Right-of-Way C;
(2) A minor CUP by Process 1 shall be required for a WCF that is (i) to be located on an existing or
replacement pole, (ii) is in a discouraged location in Section A with above-ground equipment,
and (iii) is consistent with Design Guidelines for WCFs in the Public Right-of-Way C;
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Policy No. 64
(3) A CUP by Process 2 shall be required for all other WCFs not meeting the criteria for approval
subject to a right of way permit or a minor CUP by process 1.
A. location Guidelines For Placement of WCFs
1. Preferred locations -WCFs are encouraged to locate on existing buildings and structures.
In addition, WCFs should be located 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 map attached as Exhibit A.
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 map
attached as Exhibit A.
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 E.2.
a. Open space zones and lots (except as noted in Location Guideline A.1.).
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 map attached as Exhibit A.
f. On vacant land.
3. Visibility to the Public-In all areas, WCFs should be located 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.
4. Collocation -Collocating with existing or other planned wireless communication facilities
is recommended whenever feasible and appropriate. 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.
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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 E.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 and improvements, 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 overall
support structure's height.
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 overall support structure's height.
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 E.4.
6. Building or Structure-Mounted WCFs:
a. Antennas and their associated mountings should generally not project outward more
than 24 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.
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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.
C. Design Guidelines for WCFs in the Public Right-of-Way
1. WCFs on Existing and Replacement Poles
a. The use of an existing pole, replacement pole or other existing structure shall require
the authorization of the owner of the pole or structure.
b. The antenna assembly may not exceed four feet above the height of the existing pole.
c. The antenna(s) associated with the installation shall be concealed with a radome that
also conceals the cable connections, antenna mount, and other hardware.
d. All pole-mounted equipment 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.
2. WCFs on New Poles
a. All WCFs on new poles require a CUP by Process 2.
b. No more than one new pole per block will be permitted unless the applicant
demonstrates with clear and convincing evidence that: (1) no other existing structures
are available to the applicant; (2) a new pole or structure is essential to providing
coverage; and {3} the new pole or structure is the least intrusive means in terms of
design and placement to reasonably achieve the applicant's technical objective.
c. The centerline of any new pole must be aligned with the centerlines of existing poles
on the same sidewalk segment. Any new pole and/or equipment and other
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Policy No. 64
improvements associated with a new pole or an existing pole must be set back from
intersections, alleys, and driveways and placed in locations where it will not obstruct
motorists' sight lines or pedestrian access. In general, there is a presumption of no
obstruction where a new pole and/or equipment is set back at least: (1) 50 feet from
any intersection; (2) six feet from any driveway cut or alley entrance or exit; (3) and six
feet from any permanent object or existing lawfully-permitted encroachment in the
public right-of-way, including without limitation bicycle racks, traffic signs and signals,
trees, open tree wells, benches or other street furniture, streetlights, door swings, gate
swings, or sidewalk cafe enclosures.
d. The city may, in its discretion, require an additional setback for a specific pole when the
city determines that the presumptively acceptable setback would obstruct motorists'
sight lines or pedestrian access.
e. The city may require the applicant to install functional streetlights and/or banners
when technically feasible and the city determines that such additions would enhance
the overall appearance and usefulness ofthe new pole.
f. New poles shall not exceed the height limit for the zoning district nearest to the base
of the pole or the average height of poles within a 300-foot radius, whichever is less.
3. Design Guidelines Applicable to WCFs on Existing and New Poles
a. Each antenna shall not exceed 3 cubic feet in volume; the cumulative antenna volume
per pole shall not exceed 6 cubic feet. Mounting arms, hardware, and concealment
elements such as shrouds, radomes, or other covers are included in the antenna
volume limits.
b. All other equipment associated with the WCF shall not exceed 6.5 cubic feet in volume.
All non-antenna equipment including ground-mounted meter pedestals and
concealment elements such as shrouds and cages, are included in the equipment
volume limit. Electric meters and disconnect switches that are mounted on the pole
and any equipment placed underground are not included in the equipment volume
limit.
c. Equipment shall be placed underground in discouraged locations. 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: (1)
placed in a ground-mounted equipment shroud or cabinet that contains all equipment
associated with the WCF other than the antenna; and (2) set back 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. All cables and conduits
associated with the equipment shall be concealed from view, routed directly through
the pole, and placed underground between the pole and the ground-mounted cabinet.
d. All equipment associated with the WCF shall be located so as to minimize impacts to
pedestrian access and vehicular site distance and safety.
e. Cabinets for appurtenant telephone and/or fiber optic utilities may not extend more
than 10 inches beyond the pole centerline on either side, and must be painted,
wrapped, or otherwise colored to match the pole. Microwave or other wireless
backhaul shall not have a separate and unconcealed antenna.
f. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be
spooled, coiled, or otherwise stored on the pole whether in a cabinet or not.
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Policy No. 64
D. 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 City Planner 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 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 City Planner 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 City Planner finds the project does
not meet ANSI/IEEE standards, the city may revoke or modify the CUP.
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. lfthere 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.
E. Application and Review Guidelines
1. Besides the typical submittal requirements for a CUP (including plans, landscape details,
and color and material samples, as appropriate), all WCF applications should include the
following items:
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Policy No. 64
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 FCC's guidelines for
human exposure to 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 City Planner 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.1. 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.
d. The applicant demonstrates to the decision-maker's {Planning Commission or City
Planner) satisfaction that there are other limiting factors that render an existing facility
unsuitable.
4. In considering a CUP for a WCF, the decision-maker {Planning Commission or City Planner)
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.
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Policy No. 64
5. Conditional Use Permits for WCFs shall be granted for a period not to exceed ten years
unless public safety reasons and/or substantial land use reasons justify a shorter term. A
WCF that is decommissioned, discontinued, or otherwise abandoned by the owner or
operator for a continuous one-year period is subject to revocation under Section 21.42.120
of the Carlsbad Municipal Code. 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 design, and the applicant should be required to
document that the WCF maintains the design 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 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 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 (b) 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.
7. Applications from a single provider of wireless communication services for up to 10 permits
to locate WCFs on existing or replacement poles in the right-of-way, and meeting the
criteria for right of way permits, may be batched and processed together. A single provider
may not submit more than one batch of applications at one time.
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