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HomeMy WebLinkAboutOrd. 1457-2012ORDINANCE NO. 1457-2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA All ORDINANCE MAKING MINOR REVISIONS, CORRECTIONS AND CLARIFICATIONS TO THE SOUTH SAN FRANCISCO ZONING ORDINANCE, RELATED TO ANTENNAS AND WIRELESS COMMUNICATION FACILITIES AND ZONING WAIVER MODIFICATIONS WHEREAS, in July of 2010, after over two years of preparation and public hearings, the City Council for the City of South Sari Francisco adopted a comprehensive update to the City's zoning ordinance, which repealed the then - existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established new zoning district, revised and refonnatted many then - existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and, WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction, including revisions to the City's Chapter regulating antennas and wireless communication facilities as well as the section regarding zoning waiver modifications, as further set forth in the Ordinance; and, WHEREAS, the Zoning Ordinance was adopted after preparation', circulation, consideration, and adoption of an Initial Study /Negative Declaration ("'IS /ND") " in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et sect. ("'CEQA"), which IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could. not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA. would exceed established thresholds of significance; acrd, WHEREAS, the refinements, clarifications, and/or corrections set forth in this Ordinance, as they relate to antennas and wireless communication facilities and zoning waiver modifications, are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS TD prepared and circulated for the Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: A. The foregoing recitals are true and correct and made a part of this Ordinance. B. The Record for these proceedings, and upon which this Ordinance is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. "C A." and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for the Zoning Ordinance Update including all Wntten comments received; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on April 5, 2012; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on April 25, 2012; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). C. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Cblef Planner, Susy Kalkin. SECTION 11, AMENDMENTS. Additions are in double underline and deletions are in A. Definitions & Use Tables (1) Amend Table 20.080.002 "Land Use Regulations — Residential Districts", to identify the zoning districts where the use will be permitted, pennitted subject to a use permit (minor or conditional), or not permitted, as follows-.. Transportation, C%--1o%FmWA A Am is 7&j mat ivemailikal-15 and Utflifies Use Types Car IRPA.illtiosz .L %-461WA.L C21h andA rp. X'6&y 1"'WiL A-0 Antennas Wi r-pliawe- A ILAI 41 ir 7 A %WX *wl L.1 6J AL Qj lit r Z7 0 7 V& C., & F1 V Z U. 0 wi t I- i fy LIPIPP141 4 & A -LY U Utilities, Major C C C C Utilities, Minor P P P P See Section 20.300-012 Screening Other Applicable Use Regulations Accessory Uses I See Section 20.300.002 Accessory Buildings and Structures Home Occupations Nonconforming Use P P P P See Section 20.350.021 Horne Occupations See Chapter 20.320 Nonconforming Uses, Structures, and Lots Temporary Use I See Chapter 20.340 Temporary Uses Limitations 1. only in single -unit detached structures. 2. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 3. Subject to state licensing requirements. 4. Only on parcels with access from arterial streets. 5, Minor Use Permit required when located within an existing building. Conditional Use Permit required for new construction. 6. Limited to sites with a maximum grass site area of 6,500 square feet and located on an. arterial street. • • (2) Amend Table 20.090.002 "Land Use Regulations — Commercial, Office, and Mixed-Use Districts' ", to identify the zoning districts where the use will be pennitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: Transportation, n Utilities Uses r iururroi� . 3�rrrrrr f'1 �] 1 T�� 7 'FY Yi t� - Y f1 Ls x +1 * s ial ies 1 Us s Light Fleet -based Services - C - See Section 20.350.036 Taxi and Limousine Services Transportation Passenger Terminals - MUP - - Utilities, Major or C C +C C Utilities, Minor P P P tber Applicable Use Regulations Accessory Uses See Section 20.300.002 Accessory Buildings and Structures Home occupations P P P P See Section 20.350.021 Horne Occupations Nonconforming Use See Chapter 20.320 Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 20.340 Temporary Use Linut ions 1. Permitted if existing. New units not allowed. 2. Residential use types not permitted on the ground floor along El Camino Real, except on the east side of El Canino Real between First Street and West Orange Drive subject to approval of a Use Permit. 3. Residential use on ground floor limited to 50 percent of Bound floor area. 4. Subject to state licensing requirements. 5. Subject to site evaluation based on prior use. 6. Maximum of 10 vehicles stored on site with minor maintenance in enclosed structure only. 7. Must be located entirely within a building. 8. These uses shall be developed in accordance with the development standards and supplemental regulations for the M1 District except the maximum FAR is .4 with an increase -up to .6 for development that provides specified off -site improvements,, subject to Conditional Use Permit approval. These uses are not subject to the development standards or supplemental regulations of the BPO District. 9. Hours of operation 7 am to 7 pm weekdays only except within 400 feet of a BART station. • i a A- W s • ( 1 3 Amend Table 20.1 00.002 "'Land Use Regulations — Downtown Districts'', to identify the zoning districts where the use will be permitted, permitted subject to a use permit (minor or conditional), or not permitted, as follows: and Utilities Uses wt�nRae 04j4,4 A. Pf �gQ 95 7 & I %t&Jq&"fflh1 A 4111211 A 41 ID f 1 4) .1 X_XX%,%,fLARaS CAm =II: 10Piy1111C1 P && V� Light Fleet -Based Services C - - - See Section 20.350.036 Taxi and Limousine Services Utilities, Major C C C C C Utilities, Minor P P P P P Other Applicable Use Regulations Accessory Uses See Section 20.300.002 Accessory Buildings and Structures Home occupations P P P P P See Section . A *'i �1 [w LIZ A J �� �y �, F 20.350.021 Home Occupations N nconfo -ning Use See Chapter 20.320 Nonconforming Lases, Structures, and Lots Temporary Use See Chapter 20.340 Temporary Uses Limitations: 1. Permitted if existing. New units not alloyed. 2. Limited to sites with a maximum gross site area of 4,000 square feet. 3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks, and walk-in offices which are subject to approval of a Use Permit. 4. Permitted if retail, restaurants, personal services, or other active pedest.rlan- orlented use is located on the ground floor, otherwise Minor Use Permit is required. Minor Use Permit may only be approved if the Review Authority first finds that, based on information in the record, it 1s infeasible to locate retail, restaurants, personal services, or other active pedestrian -- oriented use on the ground floor. 5. Limited to facilities serving a. maximum of 10 victims and may not be located within Soo feet of any other domestic violence shelter. 6. Subject to state licensing requirements. 7. Clinics may not occupy ground floor. 8. Living space may not occupy ground floor. 9. Limited to upper stones unless at least 50 percent of ground floor street frontage 1s occupied by food service use. W i ,,,.L.AJLd. f.4010FIF i... A-ol %_Z %J X %.., VL_01 %-.,) r 10# Limited to Siag=I=e-Family Detached units. (4) Amend Table 20.110.002 `Land Use Regulations — Employment Districts ", to identify the zoning districts where the use will be permitted, permitted .subject to a use permit. (minor or conditional), or not permi PI (5) Amend Table 20.120,002 "Lard Use Regulations — Public and Berm- Public Districts ", to identify the zoning dlstrIcts where the use will be permitted, portted subject to a use permit (minor or conditional), or not permitted, as follows: T'ransp~ tan, Utilities Le rtr ^t � yr rti yapIlItIR. Z24, � ,tai +rYl7 /1 TA [� i-111 /1�J1 L 4 ja n lY 13 lY" 7'__g4;* q YrL} Y {T CT Y it YfY J i I7� � r - � q d �l l i9 lS G C .-�- J • i -11 y"V3 Y"h•11i'Ytiy fill i R !i T iJ�! Y h T/F C"r Y1Fl� PI-I 1 use!i • i1 AT r_y . is €1 !1MX 77n1 ipatic ��r� s4Jit. 77fi___ 4_17.Lod7T*ac Utilities, Major (6) Amend Table 20.130.002 "Lad Use Regulations — Parks and open Space Districts "', to identify the zoning districts where the use will be permitted, permitted subject to a use permit {(minor or conditional), or not permitted, as follo ws: Transportation, and Utilities Use Classifications i Z*"LY Y1 l +y T1 Y"Y upoA ti !Zaa Q J4 '+ '�'�f �-� T /1Y1Cti aloA ! H a �� Tff %Y Yh Y1 'r+7/} T - iti �! Y # i use � �+' y J y sy ! L '1 T LSY'1 Y'1 t3 C Q 4M J � � i Y-ia 1 LS €w �Ar ice, � T.. � %.I%, _k Ir ,+ l} �Y o t fl 7i+ use . Wiviplpiqq I a r- y 1 j} y C'S i Utilities, Major P C Utilities, Ml—nor P MUP Other Applicable Use Regulations Accessory Uses and Structures See Section 20.300.002 Accessory Buildings and Structures Nonconforming Uses See Chapter 20.320 l lonconfon -ring Uses, Structures, and Lots Temporary Uses See Chapter 20.340 Temporary Uses Limitations: Limited to concession stands and other facilities within and accessory to permitted park and recreation or commercial recreati of telecommunications providers to provide services quickly, effectively, and efficiently while ensuring compliance with all applicable requirements; E. Support the use of wireless services to enhance personal and public health and safety and the general welfare of persons luring, working, and visiting in the City; and F. Require wireless communications providers to use the hest available design and technology to eliminate all adverse visual impacts of the towers and antennas and provide opportunities for further reduction in potential aesthetic and environmental impacts as changes in technology occur. 20.3 70.002 Applicability The regulations in this chapter apply to all antennas and wireless communications facilities on vith the following exceptions. WWAVAwl W ! w A.B. Direct broadcast, multlpoint distribution services, and television broadcast ast antennas that are one meter (39 inches) or less in diameter or diagonal measurement are allowed if not located in the area between the front of a building and the front property line, in a required side yard or required rear yard, in any street side yard, or in any parking or loading area; 1G. Satellite earth station antennas located in a residential zoning district that are one meter or less in diameter or in diagonal measurement are allowed if they meet the following requirements: 1. Maximum imum height of 10 feet in height if sited in the area between the front of a primary buildln. g and the front property, in any street side yard, or in any required side or rear yard; 2. Not located In any parking or loading area; and 3. No more than one antenna on the lot shall exceed 30 feet in height. CD. Satellite earth station antennas located in a commercial or industrial zoning district that are two meters or less in diameter or in diagonal measurement are allowed if they meet the following requirements: Do not exceed the maximum height pennitted in the district if sited between the front of a primary building and the front property line, in any street side yard, in any required side yard or gear yard; and, 2. Not located or in any parking or loading area; 3. Do not require removal of landscaping maintained as a condition of project approval unless a modification is approved. D-E. Amateur radio antennas or structures that are owned and operated by a federally - licensed amateur radio station operator who presides on the same property, are allowed if they meet the following requirements: 1. Not located in the area between the front: of a building and the front property line, in a required side yard or required rear yard, in any street side yard, or in any parking or loading area; 2. rho not exceed 40 feet in height when fully extended unless a Minor Use Permit was approved to allow a greater height; and 3. No more than one antenna on the same lot shall exceed 30 feet in height. : F. Any tower or antenna that was lawfully constructed prior to the effective elate of this Ordinance shall not be required to meet the requirements of this Ordinance unless here has been a cessation of operations pursuant to Section 20.370.007 ("Cessation of Operation ". These towers and antennas shall be referred to in this Ordinance as �p `eexisting" towers or antennas and are allowed to continue as they presently exist, but will be considered lawful nonconforming legal uses pursuant to the Chapter 20.320 " Inconformin Uses, Structures and rots ". Maintenance and repairs to existing towers and antennas are permitted if they do not enlarge or extend the tower structure or equipment enclosures or change the number, type, dimensions, power rating, or frequency range of the antenna or antennas. New facilities and all other alterations, modifications, and additions shall comply with the requirements of this article. 'G. Antennas and equipment cabinets or rooms that are completely located inside of existing structures and whose purpose is to enhance communications within the structures. The structure or building that encloses the antennas or equipment cabinets shall comply with all applicable requirements of this Ordinance. Gam. Any antenna or wireless communications facility that has been established pursuant to a permit issued by the California Public Utilities Commission PUC or the Federal Communications Commission. (FCC) when such permit or the FCC rules and regulations specifically provide that the antenna or wireless communication facility is exempt from local regulation. H. Any antenna or wireless communications facility used solely for public safety purposes, installed and operated by authorized public_ safety agencies e. County 911 emergency services, police or fire departments, first responder medical services, hospitals. itals. etc) and that complies with the definition of a Stealth Facilitv. 20.370,003 General Guidelines and Requirements A. State or Federal Requirements. All towers and antennas are required to meet or exceed current standards and regulations of the Federal Communication Commission (FCC), the Federal .Aviation Administration (FAA), and any other agency of the State or Federal government with the .authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the tourers and antennas governed by this chapter shall bring such tourers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the ovvner's expense. B. Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower falls to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bn'ng such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense. C. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with zoning district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. D. Design and Location Preferences. The preferred approaches for design and siting of new antennas and new and existing antenna support structures are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the application must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Design Preferences. a. Building- or structure-mounted antennas that are not readily visible or are completely concealed from view because of integration into design of non- residential buildings or structures erected and approved for use other than as wireless telecommunications support. b. Building- or structure mounted antennas set back from roof edge and not visible from the public right-of way or from surrounding properties. A A] Q+-] 0 :4 iQ An" 4 Nd , 4 C. On existing no -r%WS3id%eWnLL'fi"& %.&etUfeS__Sii%'r1h "L3 "%R'M communication towers, existing signal, light or similar kinds of permanent poles 446AIA'-sax- V1, i not supplying electric, telephone or similar service and not in the Rublic 4 ht-, of-way, or utility facilities not subject to the City's franchise agreem eats _ - -pi 0 d. Non buildin2- or structure mounted Alternative Tower Structures. On 4 ;1 eofnmiull paticyn %ex i Sj: it is. L:,L Can nLA"WRA stfiietufes %Qj 1", %el LLL a SP L' L AX4 it I _LA LA L A VJA A 4 & tE)We-f S :nr%V;11Qr_ li-l-t -%*- Irinde a:� efin aflent �.J� %W�e1L_LL.3LX_L_LJ5 LJX & X-LLZ-L* _V AX&AAL M-L L..VJLJLJLAAJL464A JLX11&%4L2 ILZA- F %j A %le%3 dk R 111, '111111 1 *BE two 0 ILOPAII V F'I III J L 11R Iql VA I LVX 1111111 914 111111 I IN MIL MINIM dsrmz% 2. Location Pref ere nce& a. In an Employment district and co-located with existing wireless telecommunication facilities that conform to the requirements of this ordinance. b. In any other non-residential district and co-located with existing conforming facilities. C. In an Employment districts and located more than 600 feet from a residential district. I d. In any other non-residential districts and located more than 600 feet from a residential district. e. On non-residential structures in Residential and Mixed-Use districts and located more than 600 feet from a residential structure. f. In any non-residential district and located less than 600 feet fTom a residential district. E. Co-located Facilities. A wireless communications facility proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 is not subject to discretionary review if an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless communications co-location facility in compliance with the California Environmental Quality Act and the co-location facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration. In addition to the foreaoina. anv IaD-Dlication relating to a wireless communication facility will bg_nrocessed in a manner consistent with Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 , d MY Other a Dlieable federal and state laws. 20.370.004 Application Requirements i In addition to meeting the standard application requirements n Chapter 20.450 ("Common Procedures"), applications for wireless communications facilities shall include the following information: A. Map and Inventory of Existing Sites. Each applicant for an antenna or tower shall provide to the Planning Division an inventory of the service provider's existing and planned facilities that are either within the jur'sdiction of the City or within one-quarter mile of the City's border, including a map showing the location of the provider's existing facilities that serve customers in South San Francisco and the specific site that is the subject of the application. The inventory shall include specific information about the location,, height, power rating, frequency range, and design of each facility or tower structure. The Planning Division may share such information with other applicants applying for administrative approvals or Use Permits under this chapter or other organizations seeping to locate antennas within the jurisdiction of the City; provided, however, that the planning division is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. B. Compliance Verification, 1. Copies of, or a sworn statement by an authorized representative that applicant holds, all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PLC), and any other agency of the Federal or State government with authority to regulate telecommunications facilities that are require in order for the applicant to construct the proposed facility. 2. Documentation of, or a swom statement by an authorized representative that applicant is in, compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related wireless communications facilities proposed to be installed, and engineering calculations demonstrating that the propose facility will comply with all applicable FCC requirements and standards. C. Description of Proposed facility. 1. A site plan, plans, and elevations drawn to scale that identifies all antennas by type e.g. microcell; ground -, building -, or roof-mounted, etc.) and all related equipment. Elevations shall include all structures on which facilities are proposed to be located. 2. A description of the proposed approach for screening or camouflaging all facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials and colors, and an explanation of the measures by which the proposed facility will be camouflaged or rendered not readily visible. If any part of the proposed facility would be readily visible, the application shall include an explanation as to why it cannot be rendered not readily visible. Any representation that the use of state of the art design techniques and technology is not feasible shall be supported by technical and financial analysis. 3. when an applicant proposes a lower ranked design approach and location according to the preferences in Section 20.370.003(D) "Design and Location Preferences"'), the application must include technical and financial information demonstrating that a higher ranked option is not technically and/or financially feasible in light of the provider's service objectives. An aD Xicant may not bypass hi her ranked Location Preference by satin the site r os d_ i the only site ailablo for lease or selected. If requests y the alicart to utilize alternate sites have been denied, said denials shall be provided in wn'ting and included in the aplication materials. -. If any part of the facility will be readily visible from the public right-of-way or from other properties, a visual impact analysis of the proposed facility including scaled and dimensioned elevation diagrams within the context of the building or buildings on and adjacent to the site of the facility, Before and after photo simulations, and a map depicting where the photos were taken. en. The Chief Planner may require the submission of photo overlays, scaled models, renderings, or mockups to document the effectiveness of techniques proposed to minimize visibility of the facility. 5. If a ground - mounted or freestanding tower is proposed, the application must include an explanation as to why co-location or ether facility types are not a feasible means of meeting the provider's service objectives. D. Peer Review. . The application shall include sufficient information for an approved radio frequency engineer or licensed electrical engineer specializing in EMF or R 'R studies (hereinafter, "are approved engineer" ) retained by the City to peer review the information provided in response to subsections B and C above. 1. The application shall also include an agreement to pay the reasonable actual cast and a reasonable administrative fee for hiring an approved engineer to provide peer review. 2. Any proprietary information disclosed to the City or its engineer in confidence is not intended to be included in the public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant unless such disclosure is required by law. The City and/or its engineer shall return . all proprietary information to the applicant and not retain any copies of such information once its decision is final. Notwitlastandi g this provision, information provided to the City may be subject to public disclosure under State law. E. Financial Assurances. Prior to obtaining a building pernit to erect or install the proposed facility, the applicant shall eitbr secure a bond or provide financial assurances, in a form acceptable to the City Manager, for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated. F. Other Information. Any other information the Chief planner deems necessary to process the application in compliance with the requirements of this chapter. This may include, but is not limited to information concerning noise that might be generated by equipment associated with a wireless telecommunication facility, such as emergency generators or air conditioning equipment, if the physical circumstances of the proposed facility suggest that such noise may be detrimental or that the proposed equipment specification suggests that the requirements of Chapter 8,32 "Noise Regulations" of the South Say. Francisco Municipal Code would not be achieved. 20.3 0.005 Location, Design, and Operation Requirements The following requirements apply to all wireless communications facilities that are not exempt from regulation under this chapter unless the decision-making authority approves a waiver or modification as provided for in Chapter 20.510 "Waivers and Modifications"). A. Location of Facilities. 1. No new facility shall be sited on or above a ridgeline or on any other location that is readily visible from a public parr. 2. No new freestanding antenna structure, including towers, lattice towers, and monopoles, shall be located within 1,000 feet of another freestanding facility unless mounting on a building or co- location on an existing pole or tower is not feasible and techniques have been used to camouflage, screen, or otherwise minimize the visual impact of the facility to the extent feasible. 3. gourd- mounted antennas that are located on undeveloped sites ,shall be converted to building- or structure - mounted antennas with the development of the site when technieall feasible. B. Height of Facilities. The height limitations for each zoning district applicable to buildings and structures skull apply to all towers and antennas that are not exempt from regulation except as provided in this chapter. The height of a telecommunications tower shall be measured from the ground elevation at the lase of the support structure to the highest point of the structure including all antennas and appurtenances. The height of building - mounted antennas skull include the height of that portion of the building on which the antenna is mounted. In the ease of "crank --up" or similar towers whose height is adjustable, the height of the tower shall be the maximum height to which it is capable of being raised. 1. Roof - mounted antennas affixed to an existing or proposed tower or pole may extend or proieet up to 10 feet above the height limit of the district. 2. Roof - mounted or facade - mounted antennas proposed on an existing building, tower., or pole that 1s legal non - conforming in turns of height shall not extend or project more than 15 feet above the existing height of the building or structure. 3. Antenna equipment shelter facilities skull be no taller than one story or 15 feet in height and shall be treated to look lire a building or facility typically found in the area. C. Setbacks and Separation* The following setback and separation requirements shall apply to all towers and antennas that are not exempt from regulation under this chapter. For the purposes of this section, all distances shall be measured in a. straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunication facility to the nearest point of another major wireless telecommunication facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and County Jurisdictional boundaries. 1. Towers must be set back a distance equal to tree times the height of the tower from any site residential structure. 2. Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements. 3. In other than Employment districts, a tower more than 65 feet in height shall not be located within one - quarter of a mile from any other tower that is more than feet in height. 4. Roof - mounted antennas, exclusive of satellite dish antennas, shall maintain a 1:1 ratio for equipment setback (example: 1 0-foot high antenna requires 1 o -foot setback from facade) unless an alternative placement or design would reduce visual impact; antennas shall treated or screened to match existing .air conditioning units, stairs, elevator towers or other background; and placing roof mounted antennas in direct line with significant view corridors shall be avoided. D. Aesthetics. Antenna and tower facilities shall be located, designed and screened to blend with the existing natural or built surroundings and existing supporting structures. 1. Painted .fah Support Su. An antenna that 1s affixed to an existing structure that is not considered a component of the attached antenna) shall be painted and/or textured to match the existing support structure. 2. Non-Reflective Non-Reflective Materials. Antenna and tower support facilities i.e., vaults, equipment rooms, utilities and equipment enclosures) shall be constructed out of non - reflective materials (visible exterior surfaces only) and shall be screened from view by using landscaping, or materials and colors consistent with surrounding backdrop, or placed underground to the extent possible. 3. Equipment Shelter Facilities—Minimize Visual Impacts. Antenna equipment shelter facilities in areas of high visibility shall, where possible, be designed i.e., placed underground, depressed, or located behind earth berms) to minimize their profile. 4. Painting of Facilities. x.11 buildings, poles, towers, antenna supports, antenn. a and other components of each antenna and tower facility site shall be initially painted and thereafter repainted as necessary so that paint gloss value does not exceed the existing structure. The color selected shall be one that in the determination of the Chief Planner or Planning Commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors snatching these landscapes while elements which raise above the horizon shall be painted a blue gray that matches the typical sky color at that location. 5. Architecturally Significant Str . Antennas mounted on architecturally significant structures or significant architectural details of the building shall be covered by appropriate casings, which are designed and fabricated to match existing architectural features on the building. 6. special design Requirements. The decision - making authority may rewire special design features for the antenna facilities in order to ensure that facility is not visually incompatible with nearby structures that are historically significant or contribute to the architectural character of the surrounding area and does not interfere with views or other community- defining features. 7, Lighting. poles, towers and antenna supports shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Planning Commission may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. 8. ScalelArehitectural Integration. Building mounted ,antennas and any ancillary equipment should be in scale and architecturally integrated with the building design in such a manner as to e visually unobtrusive. 9. Security Fencing. 'dowers shall be enclosed by security fencing not less than feet in height and shall also be equipped with an appropriate anti - climbing device; provided, however, that the decision-making authority may waive suet requirements, based on a determination that the location, design, or other specific attributes of the installation are sufficient to protect public health and safety. Unless mandated by Federal or State regulations, the use of barbed wire, razor wire, electrified fence, or any other type of hazardous fenee as a security precaution is not allowed. 10. Landscaping. Towers and equipment facilities shall be landseaped with a buffer of plant materials that effectively screens views of the towers and equipment facilities from addaeent residential property or from any public right-of-way, path or trail. a. The standard buffer shall consist of a continuous landscaped strip that is a minimum depth of four feet outside the perimeter of the compound. b. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. C. All landscaping shall be installed with an irrigation system equipped with ail automatic timer. d. Street trees and other landscaping may be required for telecommunications facilities proposed on parcels lacking street frontage landscaping. e. Landscaping roust include re- vegetation of any cut or fill slopes. Guy wires or support structures shall not be allowed; monopoles shall be self-supporting structures. E. Operation and Maintenance Standards. All wireless communications facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of this chapter. Each owner or operator of a facility shall install signage listing the name and phone number of a party to contact in evert of an emergency. The design, materials, colors, and location of signs shall be subject to design review. Contact information shall be kept current. 2. wireless telecommunications facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than 48 hours from the time of notification by the City. 3. The owner or operator of a facility shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan shall be submitted to the Chief planner for approval. 4. Each facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas. a. Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the lours of 8:00 a.m. and :00 p.m. on Monday through Friday, excluding holidays. b. All air conditioning units and any other equipment that may emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation,. devices to the extent necessary to ensure compliance with applicable noise limitations in the Chapter 8.32 ("Noise Regulations" of the South. San Francisco Municipal Code. C. Backup generators shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified the South San Francisco Noise ordinance. 5. vehicle and personnel access to situ for maintenance and repairs shall not be from residential streets or adjacent residential properties to the maximum extent possible. 6. To protect emergency response personnel, each facility shall have an -site emergency "till switch" to de-energize all radio frequency circuits and components on the site. For co- location facilities, a single "'kill switch" shall be installed that will de- energize all carriers at the facility in the event of an emergency. 20,370.006 Review and Approval Procedures A. The following wireless communications facilities are permitted by right. All other facilities that are not exempt from regulation require approval of a Minor Use Permit or a Use Penult pursuant to this section: I. Any wireless communications facility that complies with Section 0, 7. 11 (a � e tiorl � 7. o 2 a or-(b) o the I s_i_ and Location Preferences and all of the standards in Section 20.370.005 ("Location, Design, and Operation Requirements") or is located completely within a building in any Commercial, Employment, or Public # � district; 2. Any wireless communications facility n propeELy owned or leased by the City and that con lies with all of the standards in Section 20.370.005 .0 "Location Design ,and # yirenen rt i t t iinl 4-piailliv # , i 4 V �� Li y L3 �y i'i fY r . Any facility that is co- located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunications co- location facility in compliance with the California Environmental Quality Act and the co-location facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration. In addition to the foregoing, any application relating to a rirel ss mmunic tion facility Wi11 be processed in a manner consistent with Section 6.409 of the Middle Class Tax Relief and Job Creation Act of 2 1 , and _ any applicable federal and state laws. B. The Chief Planner may approve a Minor Use Permit for: X , Any wireless communications facility that complies with Section 0, 70.0 1 or AND Section 20. 0.00 I 2 c or d of the Lei n and Location Preferences and all of the standards in Section 20.370.005 ("LocationO Design, and Operation Requirements' , 2. Microcell facilities on non - presidential properties in any zoning district; 2. Distributed antenna systems in non -- residential zoning districts; VV A%rAA # i 4 rpndllw , F # # # i 4. Modifications to existing sites in non - residential zoning dlstnict; acid a C. The Planning Commission may approve a Use Permit for: 1. Any 'wireless communications facility that _ complies with Section 20.30.0031d AND Section 20r30.003(Ie or f of the Design and Location Preferences and all of the standards in Section 20.370.005 " t' Design, and Oneration eguirennents" - 2. Any wireless telecommunications facility that is not a permitted use and exceeds the thresholds for a Minor Use Permit; + + 4 i 4 A 1k. AL er—or—antenna en -a Qbe desocneJ fcx QLartaiA use a i r + r t site r s + y y F D. Findings Required. In addition to any other findings that this ordinance requires, in order to approve any Minor Use Permit or Use Permit for a facility subject to regulation by this chapter, the Chief Planner or the Planning Commission, must find, based on substantial information in the record including, where required, technical analysis by an approved radio frequency engineer, calculations by a State - licensed structural engineer, or other evidence, that: 1. The proposed project is consistent with the general requirements of this chapter and any specific requirements applicable to the proposed facility; 2. The proposed antenna or related facility, operating alone and in conjunction with other telecommunications facilities, will comply with all applicable state and federal standards and requirements; and either: a. will not be readily visible; or 1. Will be readily visible, but it is not feasible to incorporate additional measures that would rule the facility not readily visible; 3. The facility, if it is not a microcell or co- located, is necessary to prevent or fill a significant gap in coverage or capacity shortfall 'in the applicant's service area, and is the least intrusive feasible means of doing o; 4. If the proposed facility is a satellite dish or parabolic antenna exceeding 39 inches in diameter, that a smaller or different antenna cannot feasibly accomplish the provider's technical obi ectives and that the facility will not be readily visible; 5. If a new tower 1s proposed or the applicant proposes to extend the height of an existing tower, that no existing tower or structure can accommodate the applicant's proposed antenna; 6. If a waiver or modification of height, separation, setback, landscaping or other requirements of Chapter 20.510 "Waivers and Modifications"), that the proposed modification is consistent with the purposes of this chapter and will be the least S ntrusive feasible means of meeting the service provider's objectives; 7. if the proposed facility ill be located in any r i nti l district, that such location is necessary for the provision or personal wireless services to South San Francisco presidents and businesses, or their owners, customers, guests, or invitees, or other persons traveling in or about the City based on substantial evidence that locating the facility outside of a residential district is infeasible and without the proposed facility, the operator will be unable to provide personal wireless services to its customers in the proposed coverage area. The City Council may waive or modify requirements of this chapter upon advice of the City Atto{ey that denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably disc minating along service providers, or constituting any other violation of State or Federal law. The applicant shall have the burden of proving that the denial would result in such a violation. E. Factors to be Considered in Granting Use Permits, The Chief Planner or Planning Commissi B. No later than 90 days from the date the use is discontinued or the provider has notified the Chief Planner of the intent to vacate the site, the owner of the abandoned antenna or tower or the owner of the property on which the facilities are sited shall remove all equipment and improvements associated with the use within 90 days of the date the use is discontinued and shall restore the site to its original condition as shown on the plans submitted with the original approved application or as required by the Chief Planner. The provider or owner may use any bond or other assurances provided by the operator pursuant to the requirements of Section 20.370.004(E) (`'Financial Assurances" ) to do so. The owner or his agent shall provide written verification of the removal of the wireless communications facility within 30 days of the date the removal is completed. C. If the antenna or tower is not removed within 30 days after the pennit has lapsed under subsection A above, the site shall be deemed to be a nuisance pursuant to Section 20.580.003 ("Nuisance refined" ) and Chief Planner may cause the antenna or tower to be removed at the owners' expense or by calling any bond or other financial assurance to pay for removal. If there are two or more users of a single tower, then this provision shall . not become effective until all users cease using the tower. The requirement for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for wireless communication facilities. 20.370.008 Definitions Unless otherwise specifically provided, the terms used in this chapter shall have the following meanings: A. Alternative Tower Structure. Artificial trees, clock towers, bell steeples, light poles and similar alternative- design mounting structures that camouflage or conceal the presence of antennas or towers. B. Antenna. Any system of poles, parcels, rods, reflecting discs, wires or similar devices used for the transmission or reception of electromagnetic signals, including but not limited to radio waves and microwaves. An antenna does not include the support structure the antenna(s) is mounted upon. 1, Antennit, Amateur Radio. A ground -, building -, or tower-mounted antenna operated by a. federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC). 2. Antenna, Building- or Structure-Mounted. An antenna mounted to a building, rooftop equipment screen, or structure that transmits or receives electromagnetic signals. 3. Antenna, Direct Broadcast Satellite Service S). An antenna, usually a small horse receiving dish, designed to receive direct broadcast from a satellite. 4. Antenna, Ground- Mounted. Any antenn a which is not mounted on a pole, a. structure, or the roof or wall of a building. 5. Antenna, M l i i Distrihution Services (MSS . An antenna designed to receive video programming services via multi -point distribution services, including r ultipoint, multichannel distribution services, instructional television fixed services, and local multipoint distribution services. 6. Antenna Reception Window. The area within the direct line between a satellite antenna and orbiting communications satellites transmitting signals. 7. Antenna, Roof-Mounted. antenna directly attached or affixed to the roof of an existing structure which transmits or receives electromagnetic signals. 8. Antenna, Satellite. Any antenna used to receive and/or transmit radio or television signals from orbiting communications satellites. 9. Antennae, Satellite Earth Fact. An antenna designed to receive and/or transmit radio frequency signals directly to and/or from a satellite. 10. Antenna, Television Broadcast Service VBS). An antenna designed to receive only television broadcast signals. C. Antenna Structure. An antenna array and its associated support structure, such as a roast or tower (not including a suspended simple wire antenna), that xs used for the purpose of transmitting and/or receiving electromagnetic signals, including but not limited to radio eves and microwaves. 1. Antenna Structure, Freestanding. An antenna structure or mast that is not attached to any part of a building, fence, or other such stir cture. Freestanding antenna structures include communications towers, wooden utility poles, and concrete and steel monopoles. If the total height of the structure, including the antenna, is at least 17 feet high, it skull be treated as a monopole. .. Antenna Structure, Monopole. An antenna structure, often tubular in shape, usually made of metal, reinforced concrete, or wood which is at least 17 feet in height. A monopole may also be an alternative antenna structure that is designed to replicate a tree or other natural feature. D. Applicant/Project Sponsor. The owner(s) of property or leaseholder or representative (and, where applicable, easements) upon which antennas or wireless communications facilities are proposed to be located. E. Co- location. The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure or other -vise sharing a common location. Co- location shall also include the location of wireless communications facilities with other facilities such as buildings, water tank, light standards, and other utility facilities and structures. F. Distributed Antenna System. A system of small antennas installed on existing infrastructure such as telephone poles and streetlights throughout an area, which are interconnected by fiber optic cable to a central hub location, and are generally designed to support multiple wireless cam' ers. G. Equipment Cabinet or Enclosure. A cabinet or structure used to house equipment associated with a wireless communications facility. H. Feasible. Feasible means in light of technical feasibility, radio signal transmitting and receiving requirements, aesthetics, electromagnetic fields, costs, landowner permission, facility owner permission, and all necessary approvals under this chapter and the California Building g Code, as well as the common meaning of the terra. I, I licrocell Facility, A wireless communication facility serving a single carrier and consisting of an antenna no lamer than four feet in height or, if tubular, no more than six feet long and four inches in diameter comprised of a networked set of antennas that are connected with each other and to a wireless service sources such that a one or more high- power antennas that serve a given area are replaced by a group of lower -power antennas to serve the same geographic area. J. Readily visible. An object that can be identified as wireless telecommunications facility when dewed with the naked eye K. Related Equipment. All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit, and connectors, L. Service Provider. Any authorized provider of wireless communications services. M. Stealth Facility. Any commercial wireless communications facility that 1s designed to blend into the surrounding environment by means of screening, concealment, or camouflage. The antenna and supporting antenna equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing landscape or environment rather than identifiable as a wireless communication facility. N. Tower. Any structure that is designed or constructed primarily for the purpose of supporting one or more antennas, including self- supporting lattice towers, guy towerrs, or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. o. Wireless Communications Facility. Personal wireless service facilities as defined by the federal Telecommunications Act of 1996 including, but not limited to, facilities that transmit and/or receives electromagnetic signals for cellular radio telephone service, personal communications services, enhanced specialized mobile services, paging systems, and related technologies. Such facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development used for the provision of personal wireless services. These facilities do not include radio towers, televisio towers, and gove�rnxn nt operated public safety networks. Chapter 20.510 Waivers and Modifications (1) Amend Section 20.510.002(C) "Review of Other Requests for Waivers and Modifications"', as follows:. C. Review of Other Requests for ''salvers and Modifications. Applicants who are not requesting reasonable accommodation to ensure access to housing as provided for by federal and/or State lave may submit an application requesting a waiver or exception to any of the following standards: 1. Minimum yards, up to 10 percent of the required yard; 2. Maximum fence height of fences and freestanding walls up to one foot over height allowed; 3. Maximum height of buildings and structures, up to 10 percent or eight feet, whichever is loss; 4. Maximum lot coverage, up to 10 percent; 5. Minimum landscaping, up to 10 percent of required landscaping for site or parking lt; 6. Required ground -floor building; transparency, up to 10 percent of minimum* EW 7. Up to 10 percent of other development standards not listed in subsection D below; or 8. Other development standards not listed in subsection D below,, Provided the opli_ a.ti n is to accommodate n environmental technology or design that will substantially enhance the sustainab' fflity of a Proiect over and above standard municipal code reg uirem tints. SECTION III, S v RABILIT . If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional) the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AN FFECTIV DATE. Pursuant to the previsions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least. five 5 days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall 1 publish the Summary, and post in the City Clerk's Office a certified copy of this Ordinance. 'within fifteen 15 days after the adoption of this Ordinance, the City Clerk shall 1 publish the summary, and 2 past in the City Clerk 's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty days from . and after its adoption. Introduced at a regular meeting of the City Council of the City of Soutb San Francisco.) held the 25 th day of Apfil, 2012. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 23dday of May, 2012 by the following vote: AYES: Councilmembers Mark Addle gq_,...,Kqr'v1 Matsumoto, and Kevin Mullin, Vice Mayor Pedro Gonzalez and Mayor Richard Garban*no NOES: None ABSTAIN: None ABSENT: None W_ As Mayor of the City of South San Francisco, I do nl Ordinance this 2r .� day of May, 2012. 1A off W Richard A.-Garbarino, Mayor A y approve the foregoing