Ordinance No. 1736
ORDINANCE NO. 1736
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 19.108, TELEVISION AND RADIO AERIALS, OF
THE CUPERTINO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Chapter 19.108 ofthe Cupertino Municipal Code shall be amended to
read as follows:
WIRELESS COMMUNICATIONS FACILITIES
Sections:
19.108.010 Purpose.
19.108.020 Applicability of regulations.
19.108.030 Definitions.
19.108.040 Site Locations.
19.108.050 General site development regulations.
19.108.060 Specific site development regulations.
19.108.070 Design and siting review.
19.108.080 Application requirements.
19.108.090 Permitting.
19.108.100 Exceptions.
19.108.010 Purpose
The purpose of this chapter is to establish a comprehensive set of regulations pertaining
to the location, siting, development, design and permitting of wireless communications
facilities for all zones existing in this city in order to:
I) facilitate the development of a wireless communications infrastructure in the
City for commercial, public and emergency uses, and
2) protect the health, safety, welfare and aesthetic concerns of the public.
19.108.020 Applicability of regulations.
This ordinance shall apply to all types of aerials and associated facilities used for wireless
communications, that is, the transmitting and/or receiving of voice, data, video images
and other information through the air via signals in the radio and microwave fiequency
band. This includes aerials for amateur radio, television, wireless modems, cellular
phones, enhanced specialized mobile radio (ESMR), personal communications services
(PCS), paging systems, satellite communications and other wireless communication
technologies utilizing signals in the radio and microwave fiequency band. No wireless
communication facility: antennas, masts, towers and associated equipment shall be
hereafter erected, structurally altered or enlarged other than in conformance with the
provisions of this chapter and other applicable provisions of this title.
19.108.030 Definitions.
A. "Aerial" means a stationary transmitting and/or receiving wireless
communication device consisting of one or any combination of the elements listed below:
1. "Antenna" means a horizontal or vertical element or array, panel or dish that
may be attached to a mast or a tower for the purpose of transmitting or receiving radio or
microwave frequency signals.
2. "Mast" means a vertical element consisting of a tube or rod which supports an
antenna.
3. 'Tower" means a vertical framework of cross elements which supports either
an antenna, mast or both.
4. "Guy wires" means wires necessary to insure the safety and stability of an
antenna, mast or both.
B. "Collocation" means the placement of aerials and other facilities belonging to
two or more communication service providers on a single mast or building.
19.108.040 Site locations.
A. Residential and Home Occupation Aerials.
I. Aerials intended for residential and home occupation use may be allowed on all
residentially zoned and used properties.
B. Commercial, Office, Industrial, Public Utility Aerials.
I. Aerials intended for commercial, office, industrial and public use are prohibited on
residentially zoned and used properties, historically designated properties and districts,
OS-zoned properties and PR-zoned properties.
2. Such aerials may be allowed on commercial, office and/or industrial zoned properties
pursuant to permitting procedures established under Section 19.108.090.
3. Such aerials may be allowed on properties zoned BA or BQ with a use permit.
4. The City may consider allowing aerials on City utility poles.
19.108.050 General site development regulations.
A. Aerials.
I. The height of receiving aerials, shall not exceed forty-nine feet above ground level,
unless otherwise provided in accordance with Section 19.1 08.060.
2. Transmitting or transmitting and receiving_aerials shall not exceed a height of fifty-
five feet above ground level, unless otherwise provided in accordance with Section
19.108.060.
3. An aerial based on the ground and exceeding a height of thirty-four feet and an aerial
based on a building and extending more than twenty-four feet above its space shall
require a building permit. The building permit requirements shall include adequate
details of the location support device including footing, guy wires and braces to the
satisfaction of the Community Development Director.
4. The section of masts and towers more than thirty feet above the ground shall have a
cross-section that can be fitted within a square with a side of twelve inches, unless an
exception is granted by the Planning Commission.
2
B. Antenna.
I. An antenna consisting of a single vertical element not more than four inches in
diameter in lieu of a horizontal arrangement shall be excepted from the height restriction.
2. AntenDas and/or guy wires shall not overlap adjoining properties and shall not
encroach upon an easement without the written consent of the owner of the easement
which shall be attached to the application for a building permit.
C. Masts and Towers.
1. Concentration of Towers and Masts. The number of towers, and detached masts
exceeding eight inches in diameter at the base and thirty feet in height above ground
level, allowed per lot shall be as followed:
l&1...Sm
Maximum Number of
Towers and Detached Masts
less than 30,000 square feet
30,000 square feet or more
One.
Two. Additional towers, and detached
masts, above two, not meeting the criteria
stated in Section 19.108.050.C.1. require use
permit approval by the Planning
Commission.
2. Wood towers shall not be erected.
3. Masts and towers must be located at least ten feet to the rear of the front building
setback line and shall not be closer than six feet to any property boundary.
4. All commercial, office, industrial, and public utility aerial mast and tower approvals
shall be conditioned to allow the collocation of aerials and related facilities of other
commercial, office, industrial, and public utility users where appropriate and feasible.
D. Associated Facilities.
1. Back up power generators shall comply with the setbacks ofthe zoning district and the
City's noise standards provided in Chapter 10.48 of the municipal code.
19.108.060 Specific site development regulations.
A. Residential and Home Occupation Aerials.
1. Aerials with panel or dish antennas of more than 10 square feet shall comply with the
setbacks and height limits for accessory structures.
B. Commercial, Office, Industrial, Public Utility Aerials.
I. Aerials mounted on buildings that exceed the aerial height limits stated in Section
19.108.050 may extend 6 feet above the building parapet wall. An additional one foot of
height is allowed for every 10 feet that the aerial is setback ITom the parapet, to a
maximum height of 10 feet above the building parapet, before a height exception is
required.
2. Detached masts and towers shall be located no closer to a residentially zoned property
than 50 feet or a distance equal to one foot for everyone foot of structure height,
whichever is greater. Building mounted aerials should be located a minimum of 50 feet
horizontally from any residentially zoned property.
19.108.070 Design and siting review.
For aerials requiring discretionary review, the Director of Community Development or
the Planning Commission shall review the design and siting of the aerial. The primary
objective is to blend the design of the aerial into the surrounding environment, or site the
aerial in such a manner to minimize the visual intrusiveness of the structure. This review
may include, but not be limited to, the following criteria:
A. The weighing of the design and site advantages and disadvantages of a wall-mounted
aerial versus a roof-mounted aerial versus a freestanding aerial.
B. The use of colors, materials and textures'to integrate the aerial into the surrounding
environment or building.
C. The use of landscaping to screen the aerial.
D. The proximity and visibility of the aerial to residential properties and public right-of-
ways.
E. The dispersal of aerial locations to avoid visual clutter.
F. The concentration of aerial locations to avoid visual clutter.
G. Opportunities for collocation of aerials on existing masts and towers where visual
intrusiveness is reduced.
H. The design of the building which houses the related equipment and its compatibility
with the adjoining building architecture.
1. The balancing of aesthetic concerns with the need to provide a functional
communications system.
19.108.080 Application requirements
In addition to the standard application requirements, the applicant may be required to
provide the following materials:
A. If more than one aerial is planned in the City within a year by a single communication
service provider, a master plan shall be prepared of all facilities that can be reasonably
foreseen, showing the proposed aerial sites and existing commercial, office, industrial and
public utility aerial locations within a one mile radius of the proposed sites. The purpose
of this requirement is to identifY opportunities for clustering, dispersal and collocation of
aerials to reduce visual intrusiveness.
B. Erection of a mock aerial, computer simulation or sight-line elevations for all aerials.
to help assess the visual effects.
C. Documentation that the technology and usage of that technology meets Federal
Communications Commission adopted safety standards.
19.108.090 Permitting.
A. For all zoning districts, aerials that exceed maximum height limits require a height
exception except as otherwise provided in Section 19.108.060.
B. For zoning districts that require design review, permitting procedures shall be as
follows:
1. For aerials that are minimally visible to residential properties and public rights of way,
the Director of Community Development shall process such applications in accordance
with Chapter 19.132, "Administrative Approval of Minor Changes in Projects".
4
2. For building-mounted aerials that are moderately visible to residential properties and
public rights of way, the Director of Community Development, in his discretion, may
refer an application to the Planning Commission for architectural/site review and
recommendation in accordance with Chapter 19.132, "Administrative Approval of Minor
Changes in Projects".
3. For detached aerials that are moderately to highly visible to residential properties and
public rights of way, a use permit approved by the Planning Commission is required.
4. Abandonment. All City approvals for new aerials and modifications of existing aerial
approvals shall be conditioned to require the removal of the aerial and its associated
facilities if the aerial is not used for its permitted purpose for a period of eighteen
months. The property owner or applicant shall bear the entire cost of demolition.
19.108.100 Exceptions
A. Exceptions may be granted by the Planning Commission for tower and mast cross
section widths and aerial heights exceeding the maximum limits where practical
difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of
this chapter result from strict application of the chapter provisions.
B. A request for exception must be submitted on a form as prescribed by the Director of
Community Development. The application shall be accompanied by a fee prescribed by
City Council resolution. Upon receipt of an exception application, a time and place for a
public hearing before the Planning Commission shall be set. A Notice of Public Hearing
for an exception under this chapter shall be given in the same manner as provided in
Section 19.120.060. The Planning Commission shall hold a public hearing at which time
the Planning Commission may grant the exception based upon all of the following
findings:
I. That the literal enforcement of the provisions of this chapter will result in
restrictions inconsistent with the spirit and intent of this chapter;
2. That granting of an exception will not result in a condition that will be
detrimental or injurious to property or improvements in the vicinity and will not be
materially detrimental to the public health, safety or welfare;
3. That the exception to be granted will not result in a hazardous condition for
pedestrian and vehicular traffic.
C. After closing the public hearing, the Planning Commission may approve,
conditionally approve or deny the application for exception. The Commission's decision
on the exception request may be appealed to the City Council as provided for in Section
19.136.060.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 16th day of September, 1996 and ENACTED at a regular meeting of the City Council
of the City of Cupertino this 7th day of October, 1996 by the following vote:
~
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Chang, Dean, Sorensen, Burnett
None
None
None
ATTEST:
APPROVED:
c~~~
¡;{)M ~dD
Mayor, City Council
6