HomeMy WebLinkAbout529ORDINANCE NO. 529
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, ADDING CHAPTER 17.90 TO THE
ZONING ORDINANCE, CREATING STANDARDS RELATED TO
WIRELESS C624MICATION FACILITIES
WHEREAS, on December 12, 1996, the City Council adopted
Ordinance No 508, declaring a 45 -day development moratorium that
prohibited the review, process or approval of any applications
related to wireless communication facilities; and
WHEREAS, on January 23, 1997, the City Council adopted
Ordinance No. 511, extending the interim development moratorium for
an additional ten (10) months and fifteen (15) days to allow
additional time to develop a permanent ordinance regulating the
establishment of wireless communications facilities; and
WHEREAS, on December 11, 1997, the City Council adopted
Ordinance No. 520, permitting an extension of Ordinance No. 508 for
an additional twelve (12) months, as well as enacting the interim
standards relating to wireless communications facilities;
WHEREAS, the City has completed its study and has reviewed the
standards used by surrounding jurisdictions for controlling
wireless communication facility development; and
WHEREAS, the City Council finds that these new standards are
necessary for the purposes of (1) promoting safety by eliminating
or regulating potential health and safety issues caused by the
indiscriminate placing of wireless communication facilities among
sensitive land uses, and (2) enhancing the aesthetic appearance of
the City by regulating the location, design and size of the
facilities and adjacent landscaping;
WHEREAS, it is the intent of the City Council to further these
purposes by restricting the location of wireless communication
facilities to certain areas adjacent to the existing facilities and
in less sensitive parts of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Irwindale Municipal Code Chapter 17.90. Chapter
17.90 of the Irwindale Municipal Code is created to read in its
entirety as follows:
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Chapter 17.90
WIRELESS COMMUNICATIONS FACILITY
17.90.010 INTENTION OF CHAPTER. It is the intent of the City that the
regulations contained in this Chapter shall apply to all wireless communication facilities within
the City to accomplish the following:
a) Ensure against the creation of visual blight within the City;
b) Protect the inhabitants of Irwindale from the possible adverse health effects
associated with exposure to levels of NIER (nonionizing electromagnetic radiation) in
excess of recognized national standards;
c) Ensure that a competitive and broad range of telecommunications services and
high quality telecommunications infrastructure are provided to serve the community, as
well as serve as an important and effective part of Irwindale's emergency response
network; and
d) Simplify and shorten the process for obtaining necessary permits for
telecommunication facilities while at the same time protecting the legitimate interests of
Irwindale citizens.
17.72.020 DEFINITIONS. For the purpose of this Chapter, the following terms and
phrases shall have the meaning ascribed to them in this section:
a) Antenna: Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic waves when such
system is either external to or attached to the exterior of a structure. Antennas shall
include devices having active elements extending in any direction, and directional beam
type arrays having elements carried by and disposed from a generally horizontal boom
that may be mounted upon and rotated through a vertical mast or tower interconnecting
the boom and antenna support, all of which elements are deemed to be a part of the
antenna.
b) Antenna, Building Mounted: Any antenna, other than an antenna with its
supports resting on the ground, directly attached or affixed to a building, tank, tower,
building mounted mast less than 10 feet tall and 6 inches in diameter, or structure other
than a telecommunication tower.
c) Antenna, Ground Mounted: Any antenna with its base placed directly
on the ground or on a mast less than 10 feet tall and 6 inches in diameter.
d) Antenna, Vertical: A vertical type antenna without horizontal cross-sections
greater than one half inch in diameter.
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e) Co -location: A method of locating more than one antenna, dish, or similar
device owned or used by more than one public or private entity on a single
telecommunication tower or building.
f) Clustering: A method of siting which encourages the grouping of facilities
within one area of the City.
g) Director: Shall mean Director of Planning unless otherwise specified
herein, any approval of the City required hereunder shall mean the Director of
Planning provided that the Director may in writing delegate may such matter.
h) Height: Height shall mean the distance measured from ground level to the
highest point on the wireless communications facility support structure. All antennas
mounted on the structure shall be considered part of the structure and shall be included
in measurements to determine the overall height.
i) Inhabited Areas: Any residence, any other structure regularly occupied by
people, or any outdoor area used by people on a regular basis.
j) NIER: Non -Ionizing Electromagnetic Radiation (i.e., electromagnetic radiation
primarily in the visible, infrared, and radio frequency portions of the electromagnetic
spectrum).
k) Public Service Use or Facility: A use operated or used by a public body or
public utility in connection with any of the following services: water, waste water
management, public education, parks and recreation, fire and police protection, solid
waste management, or utilities.
1) Quasi -Public Use: A use serving the public at large, and operated by a
private entity under a franchise or other similar governmental authorized designed to
promote the interests of the general public or operated by a recognized civic
organization for the benefit of the general public.
m) Readily Visible: An object that stands out as a prominent feature of the
landscape when viewed with the naked eye.
n) Satellite Dish: Any device incorporating a reflective surface that is solid,
open mesh, or bar configured and that is shallow dish, cone, horn, or cornucopia
shaped and is used to transmit and/or receive electromagnetic signals. This definition is
meant to include, but is not limited to, what are commonly referred to as satellite earth
stations, Television Receive Only (TVRO's), and satellite microwave antennas.
o) Setback: Shall mean the required distance from the support structure or
any accessory buildings related to the wireless communication facility to the property
line of the parcel on which the wireless communication facility is located.
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P) Silhouette: A representation of the outline of the towers and antenna
associated with a telecommunication facility, as seen from an elevation perspective;
q) Structure Ridgeline: The line along the top of a roof, or along the top
of a structure if it has no roof.
r) Telecommunication Facility, Commercial: A telecommunication facility
that is operated primarily for a commercial purpose or purposes.
s) Telecommunication Facility, Multiple Users: A telecommunication facility
comprised of multiple telecommunication towers or buildings supporting one or more
antennas owned or used by more than one public or private entity.
t) Telecommunications Facility, Non -Commercial: A telecommunication facility
that is operated solely for a non-commercial purpose.
U) Telecommunications Services: A broad range of communication
services that enable people and devices to communicate independent of location.
V) Wireless Communication Facility: A facility that transmits and/or
receives electromagnetic signals. It includes antennas, microwave dishes, horns, and
other types of equipment used for the transmission or receipt of such signals,
telecommunication towers or similar structures supporting said equipment, equipment 00)
buildings, parking area, and other accessory development.
w) Wireless Communication Facility Support Structure: A mast, pole,
monopole, guyed tower, lattice tower, freestanding tower, or other structure designed
and primarily used to support antennas. A ground or building mounted mast less than
10 feet tall and 6 inches in diameter supporting a single antenna shall not be considered
a telecommunications tower.
17.72.040 General Requirements.
A. The following requirements shall be met for all telecommunications facilities in any
zoning district:
1. Any applicable General Pian Goals, Objectives, Programs and Policies, and the
permit requirements of any agencies which have jurisdiction over the facility;
2. All the requirements established by the other Chapters of the Irwindale
Municipal Code and Zoning Ordinance, as amended, which are not in conflict with the
requirements contained in this Chapter;
3. The Uniform Building Code, National Electrical Code, Uniform Plumbing
Code, Uniform Mechanical Code, and Uniform Fire Code, as amended, where
applicable;
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4. Any applicable easements or similar restrictions on the property where the
facility is located;
5. Telecommunication Facilities, shall not be located in any required yard setback
area of the zoning district in which they are located, with the exception of minor
encroachment of the antenna array into airspace over said setback;
6. All setbacks shall be measured from the base of the tower or structure closest to
the applicable property line or structure;
All Telecommunication Facilities shall comply at all times with all applicable
FCC rules, regulations, and standards;
8. All owners of Telecommunication Facilities shall maintain a security program,
when determined necessary by and subject to the review and approval of the Police
Chief, designed to prevent unauthorized access and vandalism to the facilities;
9. Satellite dish and parabolic antennas shall be situated as close to the ground as
possible to reduce visual impact without compromising their function.
B. Registration Requirement: All telecommunications carriers and providers that
offer or provide any telecommunications services for a fee directly to the public, either within
the City of Irwindale, or outside the corporate limits from telecommunications facilities within
the City, shall register with the City pursuant to this Article on forms to be provided by the
Planning Director.
The purpose of registration under this Section is to:
1. Provide the City with accurate and current information concerning the
telecommunications carriers and providers who offer or provide services within
the City, or that own or operate telecommunication facilities with the City;
2. Assist the City in enforcement of this Chapter;
3. Assist the City in the collection and enforcement of any license fees or
charges that may be due the City; and
4. Assist the City in monitoring compliance with local, State and Federal
laws.
C. Required Information: The following registration information shall be
required for all applications:
1. The identity and legal status of the registrant, including any affiliates;
2. The name, address and telephone number of the officer, agent or
employee responsible for the accuracy of the registration statement;
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3. A narrative and map description of registrant's existing or proposed
telecommunications facilities within the City of Irwindale;
4. A description of the telecommunications services that the registrant
intends to offer or provide, or is currently offering or providing, to persons,
firms, businesses or institutions within the City; and,
Such other information as the Director may reasonably require.
D. Registration Fee: Each application for registration as a telecommunications
carrier or provider shall be accompanied by a fee to offset the City's cost of
administering the registration program, the amount of which shall be established by a
Resolution of the City Council.
E. Amendment: Each registrant shall inform the City within sixty (60)
days of any change of the information set forth in this Section.
17.90.050 Prohibited Facilities. No Telecommunications Facilities that both
transmit and receive electromagnetic signals shall be permitted in any residential zone. The
only exception shall be if clear technical evidence acceptable to the Planning Commission is
submitted showing a clear need for this facility and the infeasibility of co -locating it
elsewhere, and establishing a reasonable mitigation plan for concerns with health and safety
issues.
17.90.060 Permits. Except for those Telecommunications Facilities prohibited under
Section 17.90.050; and residential/home satellite dish exempt for permit requirements;
Telecommunications Facilities may be located in all zones in accordance with the following
procedures:
A. Administrative Review: Administrative review is required when wireless
communication facilities are proposed to be installed on existing structures other than a
telecommunications tower (such as a building sign, lightpole, water tower, roof top).
B. Conditional Use Permit: A Conditional Use Permit is required when wireless
communication facilities do not meet the requirements of the Administrative review process.
17.90.070 Application Process. Any Telecommunications Facility that is readily
visible from any public place or adjacent properties to the proposed location shall be permitted
subject to the approval of a conditional use permit from the Planning Commission. The
determination with regard to visibility shall be made by the Director.
Application Requirements
1. Submittal Information. Application shall be submitted on a form
established by the Director. For all Telecommunication Facilities, the Director shall
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establish and maintain a list of information that must accompany every application
provided to the City by the Applicant.
Said information may include, but shall not be limited to, completed
supplemental project information forms, a silhouette illustration of the facility; service
area maps, network maps, alternative site analysis, NIER (non -ionizing
electromagnetic radiation) exposure studies, title reports identifying legal access,
security considerations, lists of other nearby telecommunication facilities known to the
City, within the city limits of Irwindale and within one quarter (1/4) mile therefrom;
and facility design alternatives to the proposal and deposits for peer review, if deemed
necessary by the Director.
The Director may release an applicant from having to provide any of the
information required by this Section. Upon finding that the information is not
necessary to process or make a decision on the application being submitted.
2. Visual Analysis. In addition to the information required by subsection 1,
the applicant shall submit a visual analysis, which shall include a photo montage, field
mock up or other techniques, which identifies the potential visual impacts of the
proposed facility.
Consideration shall be given to views from public areas as well as from private
lI^ areas. The analysis shall assess the cumulative impacts of the proposed facility and
other existing Telecommunication Facilities in the area, and shall identify and include
all feasible mitigation measures consistent with the technological requirements of the
proposed Telecommunication Facility. All costs for the visual analysis, and applicable
administrative costs, shall be borne by the applicant.
3. Technical Review. In the case of major facilities seeking approval, the
Director is explicitly authorized at his/her discretion to employ on behalf of the City an
independent technical expert to review any technical materials submitted including, but
not limited to, those required under this Section and in those cases where a technical
demonstration of unavoidable need or unavailability of alternatives is required.
The applicant shall pay all the costs of said review, including any administrative
costs incurred by the City. Any proprietary information disclosed to the City or the
expert hired shall remain confidential and shall not be disclosed to any third party.
17.90.080 Term of Permits.
A. Permit Review. A conditional use permit or administrative review approval
granted pursuant to this chapter authorizing establishment of a telecommunication facility,
shall be reviewed by the Director every two years. The costs associated with the review
f process shall be home by the telecommunication facility owner/provider.
Revocation of the conditional use permit or administrative approval shall require one of
the following findings:
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1. The Telecommunications Facility is no longer allowed in the applicable zoning
district;
2. The Telecommunications Facility fails to comply with the requirements of this
chapter as they exist at the time of renewal and the permittee has failed to supply
assurances acceptable to the City that the facility will be brought into compliance
within sixty (60) days;
3. The permittee has failed to comply with the conditions of approval imposed by
the conditional use permit;
4. The facility has not been upgraded to minimize its impact, including community
aesthetics, to the greatest extent permitted by the technology that exists at the time of
renewal.
B. Appeal: The grounds for appeal of denial of a renewal shall be limited to a
showing that one or more of the situations listed above does in fact exist or that the notice
required was not provided.
C. Expiration: Once reviewed, if a conditional user permit or administrative permit is
not renewed, it shall become null and void upon notice and hearing by the Planning
Commission two years after it is issued or upon cessation of use for more than a year,
whichever comes first.
1. Within 120 days after expiration of a permit, the facility and all related
improvements shall be removed, including foundations down to three feet (3' below
ground surface) shall be removed from the property and the site restored to its natural
pre -construction state within 180 days of non -renew or abandonment. All costs
incurred by this removal will be at the expense of the wireless communications facility
operator.
In the event that it becomes necessary for a Telecommunications Facility to be
removed either through abandonment of operator or change of ownership the City shall
have the authority to remove the facility and charge all expenses to the previous facility
owner of record.
2. Any access road installed shall also be removed and the ground returned to its
natural condition unless the property owner establishes to the satisfaction of the
Director that these sections of road are necessary to serve some other allowed use of
the property that is permitted or is currently present or to provide access to adjoining
parcels. All cost incurred by this removal will be at the expense of the wireless
communications facility operator.
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erg,, 17.90.090 Clustered, Co-Located and Multiple -User Facilities.
A. Alternatives Analysis: An analysis shall be prepared by each applicant, which
identifies all reasonable, technically feasible, alternative locations and/or facilities which
would enable the applicant to provide the proposed telecommunication service. Such analysis
shall be reviewed by the Director in the case of an administrative review application, or by the
Planning Commission in the case of Conditional Use Permit review.
The intention of the alternatives analysis is to present alternative strategies which would
minimize the number, size, and adverse environmental impacts of facilities necessary to
provide the needed services to the City. The analysis shall address the potential for co -
location, clustering and the location of facilities as close as possible to the intended service
area.
It shall also explain the rationale for selection of the proposed site in view of the
relative merits of any of the feasible alternatives. Approval of the project is subject to (the
Director/Planning Commission) making a finding that the proposed site results in fewer or less
severe environmental impacts than any feasible alternative site. The City may require
independent verification of this analysis at the applicant's expense.
B. Facility and Site Sharing. All Telecommunication Facilities shall be designed to
promote facility and site sharing. Telecommunication towers and necessary appurtenances,
" including but not limited to parking areas, access roads, utilities and equipment buildings,
shall be shared by site users whenever possible.
C. Co -location: All facilities shall make available unused space for co -location of
other telecommunication facilities, including space for these entities providing similar,
competing services. Co -location is not required if the host facility can demonstrate that the
addition of the new service or facilities would impair existing service or cause the host to go
off-line for a significant period of time. The City may require that an independent verification
be used to determine any exception from this requirement.
D. Clustering: Clustering of wireless communications facilities is encouraged.
17.90.100 Structural, Design and Environmental Standards.
A. Structural Requirements: A building permit shall be required for the construction,
installation, repair or alteration of any support structure for communication equipment, except
for the following:
1. Poles, spires, or other support structures with a diameter 4 inches or less, or a
surface area of 16 square feet or less and not exceeding 10 feet in height;
e"`, 2. Open -frame towers of trussed construction not exceeding 10 feet in height;
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3. Poles, open -frame towers and other appurtenances, excluding buildings,
constructed or installed by a public or private utility in the exercise of its function as a
serving utility.
B. Exemptions: Any exemptions from the building permit requirements shall not be
deemed to grant authorization for any work to be done in violation of any local, state,
or federal law or regulations.
C. Basic Tower and Building Design: All telecommunication facilities shall be
designed to blend into the surrounding environment to the greatest extent feasible. To
this end, all of the following measures shall be implemented:
1. Telecommunication towers shall be constructed out of metal or other
nonflammable material, unless specifically conditioned by the City to be otherwise;
2. All ground -mounted telecommunication towers shall be self-supporting
monopoles except where satisfactory evidence is submitted for
administrative/conditional use permit review that a guyed/lattice tower is required for
technical reasons;
3. Satellite dishes other than microwave dishes shall be of mesh construction,
except where technical evidence acceptable to the Director/Planning Commission is
submitted showing that this is infeasible;
4. Telecommunication support facilities (e.g., vaults, equipment rooms, utilities,
and equipment enclosures) shall be constructed out of nonreflective materials (visible
exterior surfaces only) and shall be placed underground to the extent possible;
5. Telecommunication support facilities shall be no taller than one story (fifteen
feet) in height, shall be designed to blend with existing architecture in the area or shall
be screened from sight by mature landscaping, and shall be located or designed to
minimize their visibility; and
6. All buildings, poles, towers, antenna supports, antennas, and other components
of each telecommunications facility shall be initially painted and thereafter repainted as
necessary with a "flat" paint. The color shall be selected by the City.
D. Design Standards: The City shall have the authority to require special design of the
telecommunication facilities where findings of particular sensitivity are made (e.g. proximity
to historic or aesthetically significant structures, views and/or community features).
1. Location. All telecommunication facilities shall be located so as to minimize
their visibility and the number of distinct facilities present. To this end all of the
following measures shall be implemented for all telecommunications facilities:
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a. No telecommunication facility shall be installed at a location where
special painting or lighting will be required by the FAA regulations unless
technical evidence acceptable to the Director is submitted showing that this is
the only technically feasible location for this facility;
b. No telecommunications tower shall be installed on an exposed ridgeline,
a public trail, public park or other outdoor recreation area, or on property
designated as a Park, Agricultural Land, Hillside, or other open space area in
the City of Irwindale's General Plan.
Notwithstanding this prohibition, building -mounted antennas shall be
permitted on existing facilities in these areas, subject to the approval of the
Director, who shall consider the impacts of both the antenna and any related
facilities.
C. No telecommunication facility that is readily visible from off-site shall
be installed on a site that is not already developed with telecommunication
facilities or other public or quasi -public uses, or closer than one half mile from
another readily visible telecommunication facility unless it is a co -located or
clustered facility or situated on a multiple -user site, unless technical evidence
acceptable to the Director or the Planning Commission, (as determined by the
type of application administrative/CUP, respectively), is submitted showing a
clear need for this facility and the infeasibility of locating it elsewhere; and
d. Telecommunication towers shall be set back at least twenty feet (20)
from all property lines and at least four hundred feet (400') from any public
park or outdoor recreation area. Guy wire anchors shall be set back at least
twenty feet (20') from any property line. This section shall not apply to
building -mounted antennas attached to existing facilities, but it shall apply to
any related facilities associated with such antennas.
2. Height: The overall height of a telecommunication tower shall be limited
to thirty-five (35) feet to be eligible for Administrative Review. Any proposed tower
in excess of thirty-five (35) feet requires a Conditional Use Permit. The maximum
height of any structure shall not exceed eighty (80) feet unless approved by the
Planning Commission if it is deemed necessary for the benefit of co -location.
3. Lighting. All telecommunication facilities shall be unlit except when
authorized personnel are actually present at night or when lighting is required by the
FAA.
4. Roads and Parking. All telecommunication facilities shall be served by the
minimum roads and parking areas necessary and shall use existing roads and parking
areas whenever possible. Any existing roads and parking areas, if required, shall be
upgraded to the extent necessary to meet standards specified by the Fire Chief and
Public Works Director.
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E. Vegetation Protection and Facility Screening.
1. All telecommunications facilities shall be installed in such a manner so as to
maintain and enhance existing native vegetation and shall include suitable mature
landscaping to screen the facility, where necessary as determined by the Director. For
purposes of this section, "mature landscaping" shall mean trees, shrubs or other
vegetation of a size that will provide the appropriate level of visual screening
immediately upon installation.
a. Eucalyptus and pepper trees shall be used as a first preference for screening
materials.
b. Placement of trees shall be used to minimize the overall impact of the wireless
facility. This may in most cases be best accomplished by placing the required
trees adjacent to the property line of the property rather than directly adjacent to
the facility itself. This decision shall be made by the City.
2. No actions shall be taken subsequent to project completion with respect to the
vegetation present that would increase the visibility of the facility itself or the access
road and power/telecommunication lines serving it. The owner(s)/operator(s) of the
facility shall be responsible for maintenance and replacement of all required
landscaping.
F. Fire Prevention: All telecommunication facilities shall be designed and operated in
such a manner so as to minimize the risk of igniting a fire or intensifying one that otherwise
occurs. To this end all of the following measures shall be implemented for all
telecommunication facilities, when determined necessary by the Fire Chief:
1. At least one hour fire resistant interior surfaces shall be used in the construction
of all buildings;
2. Monitored automatic fire extinguishing systems approved by the Fire Chief
shall be installed in all equipment buildings and enclosures;
3. Rapid entry (KNOX) systems shall be installed as required by the Fire Chief;
4. Type and location of vegetation, screening materials and other materials within
ten feet (10') of the facility and all new structures, including telecommunication
towers, shall have review for fire safety purposes by the Fire Chief Requirements
established by the Fire Chief shall be followed; and
5. All tree trimmings and trash generated by construction of the facility shall be
removed from the property and properly disposed of prior to building permit
finalization or commencement of operation, whichever comes first.
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G. Environmental Resource Protection: All telecommunication facilities shall be
located so as to minimize the effect on environmental resources. To that end, all facilities
deemed to constitute a project as defined by CEQA shall be subject to environmental review.
H. Noise and Traffic: All telecommunication facilities shall be constructed and
operated in such a manner as to minimize the amount of disruption caused to nearby
properties. To that end all the following measures shall be implemented for all
telecommunication facilities:
1. Outdoor noise producing construction activities shall only take place on
weekdays (Monday through Friday, non -holiday) between the hours of 8:00 a.m. and
7:00 p.m. unless allowed at other times by the Planning Commission; and;
2. Backup generators shall only be operated during power outages and for testing
and maintenance purposes.
3. If the facility is located within four hundred feet (400') of a residential dwelling
unit, noise attenuation measures shall be included to reduce noise levels at the facility
to a maximum exterior noise level of 60 Ldn at the property line and a maximum
interior noise level of 45 Ldn. Testing and maintenance shall only take place on
weekdays between the hours of 8:30 a.m. and 4:30 p.m.
I. Visual compatibility: Facility structures and equipment shall be located,
designed and screened to blend with the existing natural or built surroundings, as well as any
existing supporting structures, so as to reduce visual impacts to the extent feasible.
17.90.110 Non -Ionizing Electromagnetic Radiation Exposure:
A. Public Health: No telecommunication facility shall be located or operated
in such a manner that it poses, either by itself or in combination with other such facilities, a
potential threat to public health. To that end no telecommunication facility or combination of
facilities shall produce at any time power densities in any inhabited area that exceed the FCC -
adopted standard for human exposure, as amended, or any more restrictive standard
subsequently adopted or promulgated by the City, County, the State of California, or the
federal government.
B. Initial Compliance with NEER Levels: Initial compliance with this requirement
shall be demonstrated for any facility within four hundred feet (400') of residential uses or
sensitive receptors such as schools, churches, hospitals, etc., and all broadcast radio and
television facilities regardless of adjacent land uses, through submission, at the time of
application for the necessary permit or entitlement, of NIER (Nonionizing Electromagnetic
Radiation) calculations specifying NIER levels in the inhabited area where the levels produced
are projected to be highest. If these calculated NIER levels exceed 80% of the NIER standard
established by this Section, the applicant shall hire a qualified electrical engineer licensed by
the State of California to measure actual VIER levels. A report of these measurements and the
findings with respect to compliance with the established NIER standard shall be submitted to
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the Director. Said facility shall not commence normal operations until it complies with this
standard.
C. Proof of Compliance: Proof of said compliance shall be made. Certification
provided by the engineer who prepared the original report. In order to assure the objectivity of
the analysis, the City may require, at the applicant's expense, independent verification of the
results of the analysis. Facilities solely for personal use, such as citizens band radio antenna or
antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio
Service, shall be required to comply with applicable FCC rules for NIER emissions, but they
shall be exempt from the submission requirements in this section unless otherwise required by
the Director.
D. Ongoing Compliance with NEER Levels: Every telecommunication facility within
four hundred feet (400') of residential uses or sensitive receptors and all broadcast radio and
television facilities shall demonstrate continued compliance with the NIER standard established
by this Section.
1. Every two (2) years a report listing each transmitter and antenna present at the
facility and the effective NIER levels shall be submitted to the Director. If either the
equipment or effective NIER levels has changed, new calculations specifying NIER
levels in the inhabited areas where the said levels are projected to be highest shall be
prepared.
2. NIER calculations shall also be prepared every time the adopted NIER standard
changes.
3. If calculated levels in either of these cases exceed 80% of the standard
established by this Section, the operator of the facility shall hire a qualified electrical
engineer licensed by the State of California to measure the actual NIER levels
produced. A report of these calculations, required measurements, if any, and the
engineer's findings with respect to compliance with the current NIER standard shall be
submitted to the Director. In the case of a change in the standard, the required report
shall be submitted within ninety (90) days of the date said change becomes effective.
E. Failed Compliance: Failure to supply the required reports or to remain in continued
compliance with the NIER standard established by this Section shall be grounds for revocation
of the conditional use permit or administrative permit.
17.90.120 Enforcement:
A. Standard Agreements Required: A maintenance/facility removal agreement signed
by the applicant and the property owner shall be submitted to the Director prior to approval of
the conditional use permit or administrative permit authorizing the establishment or
modification of any telecommunications facility which includes any of the following: a
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telecommunication tower; one (1) or more new buildings/equipment enclosures larger in
aggregate than three hundred (300) square feet; more than three (3) satellite dishes of any size:
or a satellite dish larger than four feet (4) in diameter. The maintenance/facility agreement
shall be in addition to any conditions of approval imposed by the City.
The agreement shall bind the applicant and the property owner and their respective
successors in the interest to properly maintain the exterior appearance of and to ultimately
remove the facility in compliance with the provisions of this chapter and any conditions of
approval. It shall further bind them to pay all costs for monitoring compliance with, and
enforcement of, the agreement and to reimburse the City for all costs incurred to perform any
work required of the applicant by this agreement that the applicant fails to perform. It shall
also specifically authorize the City and/or its agents to enter onto the property and undertake
said work so long as:
1. The City has first provided the applicant the following written notices:
a. An initial compliance notice identifying the work needed to comply with
the agreement and providing the applicant at least forty-five (45) calendar days
to complete it; and
b. A follow-up notice of default specifying the applicant's failure to comply
with the work within the time period specified and indicating the City's intent
to commence the required work within ten working days.
2. The applicant has not filed an appeal pursuant to this procedure within twenty
(20) working days of the notice required. If an appeal is filed, the City shall be
authorized to enter the property and perform the necessary work only if the appeal is
dismissed or final action on it is taken in favor of the City.
B. Payment Responsibility. All costs incurred by the City to undertake any work required
to be performed by the applicant pursuant to the agreement referred to in including, but not
limited to, administrative and job supervision costs, shall be borne solely by the applicant.
1. The applicant shall deposit within ten (10) working days of written request
therefor such costs as the City reasonably estimates or has actually incurred to
complete such work. When estimates are employed, additional moneys shall be
deposited as needed within ten (10) working days of demand to cover actual costs.
2. The applicant shall immediately cease operation of the telecommunication
facility involved if the applicant fails to pay in full the moneys demanded within ten
(10) working days.
C. Agreement Fees: If the owner of the subject property declines to be a party to the
standard agreement required by this Section, said agreement shall be accompanied by the
payment of a fee, as established by Resolution of the City Council, into a trust fund
established to cover expenditures for the removal, screening, enhancement or similar activities
relating to the existence of telecommunication facilities within the City.
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D. Agreement Stipulations: The standard agreement required by this Section shall
include, but not be limited to, the following provisions in a form approved by the City
Attorney:
1. Telecommunication facilities lessors shall be strictly liable for any and all
sudden and accidental pollution and gradual pollution resulting from their use within
the City of Irwindale. This liability shall include cleanup, intentional injury or damage
to persons or property. Additionally, telecommunication facilities lessors shall be
responsible for any sanctions, fines, or other monetary costs imposed as a result of the
release of pollutants from their operations. Pollutants means any solid, liquid, gaseous
or thermal irritant or contaminant, include smoke, vapor, soot, fumes, acids, alkalis,
chemicals, electromagnetic waves and waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
2. The telecommunication facility operator shall defend, indemnify, and hold
harmless the City and any of its boards, commissions, agents, officers, and employees
from any claim, action or proceeding against the City, its boards, commission, agents,
officers, or employees to attack, set aside, void, or annul the approval of the project
when such claim or action is brought within the time period provided for in applicable
State and/or local statutes. The City shall promptly notify the operator(s) of any such
claim, action or proceeding. The City shall have the option of cooperating in the
defense. Nothing contained in this stipulation shall prohibit the City from participating
in a defense of any claim, action, or proceeding if the City bears its own attorney's
fees and costs. The operator shall not settle any legal action without the approval of
the City. Provided that the City disapproves a settlement negotiated by the operator, in
good faith. Thereafter the City shall prosecute the matter at its own expense.
17.90.130 Penalty
A. Abatement. Any use which is established, operated, erected, moved, altered, painted
or maintained contrary to this Chapter is unlawful and a public nuisance subject to immediate
abatement and removal. The City council may order the city attorney to commence action or
proceedings for the abatement and removal of structures and the enjoining of persons from
activities contrary to the provisions of this Chapter.
B. Civil Fine for Violation.
1. Any person found to be in violation of any provisions of this Chapter in civil
action brought by the City Attorney on behalf of the City shall pay to the City a Civil
fine of $1,000 per violation up to a maximum of $5,000.
2. If two or more persons are responsible for any violation of the provisions of
this chapter, they shall be jointly and severally liable for the civil penalty set forth in
Amounts recovered under this subsection B shall be deposited into a fund
carried upon the financial records of the City which shall be used exclusively for the
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maintenance and/or removal of telecommunications facilities, including but not limited
to equipment cabinets, in the city of Irwindale.
C. Criminal Penalty for Violation: A violation of any provision of this chapter is an
infraction punishable by (1) a fine not exceeding Two Hundred Dollars ($200.00) for the first
violation; (2) a fine not exceeding Three Hundred and Fifty Dollars ($350.00) for a second
violation within one year; (3) a fine not exceeding Five Hundred Dollars ($500.00) for each
additional violation occurring within one year.
D. Injunctions: In addition to all other actions and remedies, civil or penal, authorized
by law, the City Attorney is authorized to file an action in court seeking injunctive relief to
enjoin a violation of any provision of this chapter or to prevent a threatened violation of any
provision of this chapter. The injunctive relief sought in any such action may be prohibitory,
mandatory, or both.
17.90.140 Appeal Procedures: The appeal procedures set forth in this Section
shall be followed for appealing any decision or determination of the City in the administration
of this Chapter. Any decision or determination made by the Planning Commission may be
appealed to the City Council. Any decision or determination made by the Director may be
appealed to the Planning Commission.
A. Standing to Appeal: An appeal may only be made by a person or persons
meeting one of the following criteria for standing:
1. The person or persons making the appeal is an applicant for a permit or other
approval or action under the provisions of this Chapter; or
2. Any person aggrieved and claiming to be adversely and materially affected by
said decision or determination by the Director or the Planning Commission.
B. Timing and Manner of Appeal: All appeals shall be in writing, submitted to the
City Clerk, and shall meet the following criteria:
1. The appeal must be filed with the City Clerk within twenty (20) calendar days
from the date of the decision in question, unless the twentieth day falls on a weekend or
City holiday, in which case the appeal shall by the filed close of the next business day;
2. The appeal must clearly state:
a. The reasons why the appellant has standing to appeal;
b. The basis for the appeal, (e.g. reasons why the decision or determination
is alleged to be illegal, erroneous, or arbitrary and capricious (the appellant
should also, where possible, submit documentation in support of their
position)); and,
C. The resulting action requested by the body hearing the appeal.
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C. Appeal Heariag: An appeal hearing shall be a public hearing before the applicable
hearing body and subject to the usual and customary notice procedures of the City. The date
for the appeal hearing shall be set on the earliest available regular or special meeting agenda of
the applicable hearing body.
All decisions of the hearing body shall be final and conclusive. The decision of the
Planning Commission may be appealed by the Applicant to the City Council and the Council's
decision is then determined final and conclusive.
Section 2. Severability: If any section, subsection, clause or phrase of this
ordinance is for any reason held to be unconstitutional, such decision shall not effect the
remaining portions of this ordinance. The City Council declares that it would have passed this
ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the
fact that any one or more such provisions be declared unconstitutional.
PASSED, APPROVED AND ADOPTED on the 12thday of November , 1998.
NNIAM01MIA
page 18
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF WS ANGELES ) SS
CITY OF IRWINDALE )
I, Robert Griego , City Clerk of the City of Irwindale, California do hereby certify
that the foregoing Ordinance No. 529 , was duly introduced at a regular meeting of the City
Council held on the 22nd day of October , 19%, and was duly approved and adopted
by the City Council at a regular meeting of said Council held on the 12th day of
November , 1998, by the following roll call vote:
AYES: Councilmembers Miranda, Castellanos, Mayor Pro Tem Tapia, Mayor Almazan
NOES: None
ABSENT: Councilmember Chavez
ABSTAIN: None
�< 6"z'
CITY CLERK, CITY OF IRWINDALE
APPROVED AS TO FORM:
CITY ATTCITY OF IRWINDALE
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