ORD 579ORDINANCE NO. 579
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
SECTION 9.170.020, DEFINITIONS, AND
SECTION 9.170.060 APPROVAL STANDARDS OF
THE LA QUINTA MUNICIPAL CODE ADDING
SMALL CELL TECHNOLOGY STANDARDS TO THE
ZONING ORDINANCE
WHEREAS, the City Council of the City of La Quinta, California did, on
the 2nd day of April, 2019, hold a duly noticed public hearing for review of a
City-initiated request of Zoning Ordinance Amendment 2018-0004 to amend
Sections 9.170.020 and 9.170.060 of Title 9 (Zoning) of the La Quinta
Municipal Code to add development standards for small cell
telecommunications technology; and
WHEREAS, prior to said Public Hearing, the Planning Commission of the
City of La Quinta did, on February 26, 2019, adopt Planning Commission
Resolution 2019-003 to recommend to the City Council adoption of said code
amendments; and
WHEREAS, the Design and Development Department published a public
hearing notice for this request in The Desert Sun newspaper on March 22,
2019, as prescribed by the Municipal Code; and
WHEREAS, said Zoning Ordinance Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality
Act of 1970" (CEQA) as amended (Resolution 83-63). The Design and
Development Department has determined that the proposed amendment is
exempt from environmental review pursuant to Section 15061(b)(3), Review
for Exemptions – Common Sense Rule, in that it can be seen with certainty
that there is no possibility for this action to have a significant effect on the
environment, and individual development plans will be reviewed under CEQA
as they are proposed; and
WHEREAS, the proposed zoning text amendments are necessary to
uphold the rights and needs of property owners and the public, encourage the
preservation of neighborhood character, and consider changes and advances
in telecommunication technology to meet the needs of current and future
residents, businesses and visitors in the City of La Quinta; and
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 2 of 17
WHEREAS, the proposed zoning text amendments are necessary to
implement the General Plan 2035 adopted by the City Council at their regular
meeting on February 19, 2013; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be
heard, the City Council did make the following mandatory findings to justify
adoption of said Zoning Ordinance Amendment:
1. Consistency with General Plan
The code amendment is consistent with the goals, objectives and
policies of the General Plan. The proposed amendments are supported
by Goal PF-1, which requires that public facilities and services be
adequate and convenient for all residents; Policy LU-2.5, which requires
that public and utility projects be subject to the same standards as the
development community; and Policy ED-1.2, to support existing
businesses and recruit new businesses insofar as small cell technology
will provide the most up-to-date telecommunications within the City.
2. Public Welfare
Approval of the code amendment will not create conditions materially
detrimental to the public health, safety and general welfare. The
amendment will provide opportunities for better cellular reception
throughout the City, while assuring aesthetic compatibility.
NOW, THEREFORE, the City Council of the City of La Quinta does
ordain as follows:
SECTION 1. CHAPTER 9.170 of the La Quinta Municipal Code shall be
amended as written in “Exhibit A”, attached hereto and incorporated by this
reference.
SECTION 2. The proposed zone text amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality
Act of 1970" (CEQA) as amended (Resolution 83-63). The zone text
amendment is exempt from environmental review pursuant to Section
15061(b)(3), Review for Exemptions – Common Sense Rule, in that it can be
seen with certainty that there is no possibility for this action to have a
significant effect on the environment.
SECTION 3. That the City Council does hereby approve Zoning
Ordinance Amendment 2018-0004, as set forth in attached Exhibit “A” for the
reasons set forth in this Ordinance.
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 5 of 17
9.170.010 Purpose.
The purpose of this chapter is to provide a uniform and comprehensive
set of standards for the development of wireless telecommunication
facilities. The regulations contained herein are intended to protect and
promote public health, safety, and welfare and the aesthetic quality of
the city while providing reasonable opportunities for telecommunication
services to provide such services in a safe, effective and efficient
manner. These regulations are intended to address the following
community concerns:
A. To minimize adverse visual effects of towers and accessory
buildings associated with wireless telecommunication facilities
through careful design, siting and vegetative screening;
B. To avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures;
C. To lessen traffic impacts on surrounding residential districts;
D. To maximize use of any new and existing telecommunication
tower and to reduce the number of towers needed;
E. To ensure radio frequency radiation is in compliance with federal
requirements; and
F. To allow new telecommunication towers in residential areas only
if a comparable site is not available outside residential areas. (Ord.
550 § 1, 2016)
9.170.020 Definitions.
“Antenna” means any system of wires, poles, rods, panels, reflecting
discs or similar devices used for the transmission or reception of radio
frequency electromagnetic waves when such system is external or
attached to the exterior of a structure.
“Building-mounted” means any antenna, or other antenna
associated support equipment resting on the ground, directly
attached or affixed to the side of a building, tank, tower or other
structure other than a telecommunication tower.
“Co-location” means the placement of two or more wireless
telecommunication facilities service providers sharing one support
structure or building for the location of their facilities.
EXHIBIT A
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
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“Existing facilities” means an existing structure located in the public
right-of-way or a building with an approved site development permit
and/or an existing telecommunication facility with a previously approved
conditional use permit.
“FAA” means the Federal Aviation Administration.
“FCC” means the Federal Communication Commission.
“FCC OET Bulletin 65” refers to the Federal Communication
Commission Office of Engineering and Technology Bulletin 65
entitled “Evaluating Compliance with FCC Guidelines for Human
Exposure to Radiofrequency Electromagnetic Fields.”
“Freestanding towers” include all telecommunication towers used in
association with the mounting and/or placement of antenna and
associated equipment.
“General population” means all persons who are not direct family
members, relatives, or employees of the owner or operator of a source
of NIER of the owner or other users of the site of an NIER source.
“Ground-mounted” means an antenna or other antenna associated
support equipment with its support structure placed directly on the
ground.
“Hand-held source” means a transmitter normally operated while being
held in the hands of the user.
“Height of antenna above grade or ground” means the vertical
distance between the highest point of the antenna and the finished
grade directly below this point.
“Highest calculated NIER level” means the NIER predicted to be
highest with all sources of NIER operating.
“Lattice tower” means a three or more legged open structure designed
and erected to support wireless telecommunication antennas and
connecting appurtenances.
“Monopole” means a single pole structure designed and erected to
support wireless telecommunication antennas and connecting
appurtenances.
“Roof-mounted” means an antenna directly attached to the roof of an
existing building, water tank, tower or structure other than a
telecommunication tower.
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 7 of 17
“Satellite dish” means any device incorporating a reflective surface
that is solid, open mesh or bar configuration, that is shallow dish, cone,
horn, bowl or cornucopia shaped and is used to transmit and/or receive
electromagnetic or radio frequency communication/signals in a specific
directional pattern.
“Shared capacity” means that capacity for shared use whereby a
tower can accommodate multiple users simultaneously. Tower height,
antenna weight, design and the effects of wind are prime determinants
of capacity.
“Small Cell Facilities” means any wireless telecommunication facility
that meets the following exact conditions:
1. The structure on which antenna facilities are mounted –
a. is 50 feet or less in height, or
b. is no more than 10 percent taller than other adjacent
structures, or
c. is not extended to a height of more than 50 feet or by
more than 10 percent above its height as a result of the
addition of the facility; and
2. Each antenna associated with the deployment (excluding the
associated equipment with that specific antenna) is no more
than three cubic feet in volume; and
3. All antenna equipment associated with the small cell facility’s
antennas (but, excluding the antennas themselves) are
cumulatively no more than 28 cubic feet in volume; and
4. The facility does not require antenna structure registration
under Title 47, Part 17 of the Code of Federal Regulations;
and
5. The facility is not located on Tribal lands, as defined under
Title 36, Section 800.16(x) (or successor provision) of the
Code of Federal Regulations; and
6. The facility does not result in human exposure to
radiofrequency radiation in excess of the applicable safety
standards specified in FCC Rule 1.1307(b).
“Sole-source emitter” means one or more transmitters only one
of which normally transmits at a given instant.
“Stealth” means improvements or treatments added to a wireless
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
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telecommunication facility which mask or blend the proposed facility into
the existing structure or visible backdrop in such a manner as to minimize
its visual impacts, or any design of a wireless telecommunication facility to
achieve same. Stealth designs may utilize, but does not require,
concealment of all components of a facility. Examples of stealthing include,
but are not limited to, the design and construction of a tower so that it is
disguised as a flagpole, tree, palm or sculpture, or the incorporation of
colors and design features of nearby structures.
“Structure” means a pole, tower, base station, or other building,
whether or not it has an existing antenna facility, that is used or to be
used for the provision of personal wireless service (whether on its own
or comingled with other types of services).
“Telecommunication tower” means a monopole or lattice tower.
“Wireless telecommunication facility or facilities” means any
structure, antenna, pole, equipment and related improvements,
the primary purpose of which is to support the transmission and/or
reception of electromagnetic signals, including, but not limited to,
telecommunication towers.
“Vehicle source” means a transmitter regularly used in vehicles that
normally move about.
9.170.030 Permitted locations.
Location Preferences. Location preferences are provided in furtherance
of the purpose of this chapter, as set forth under Section 9.170.010. To
the maximum extent feasible, new telecommunication facilities shall be
located according to the following preferences, with the most preferred
sites listed first:
A. Major community facilities (MC), parks and recreation (PR), and
industrial (I) zoning districts;
B. All commercial zoning districts;
C. Very-low density (VRL), residential low density (RL),
medium density residential (RM), and medium high density
residential (RMH) zoning districts;
D. High density residential (RH); and
E. Open space (OS) and floodplain (FP) zoning districts.
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 9 of 17
9.170.040 Applicability.
This chapter shall apply to all wireless telecommunication facilities for
the transmission and/or reception of wireless radio, television, and
other telecommunication signals including, but not limited to,
commercial wireless communication systems such as cellular and
paging systems, except those facilities defined in this chapter as
exempt facilities. (Ord. 550 § 1, 2016)
9.170.050 Exemption.
The following uses are exempt from this chapter but may be
regulated by other sections of the municipal code:
A. Portable hand-held devices and vehicular transmission;
B. Industrial, scientific and medical equipment operating at
frequencies designated for that purpose by the FCC;
C. Government-owned communication facilities used primarily to
protect health, safety and welfare;
D. Facilities operated by providers of emergency medical services,
including hospital, ambulance and medical air transportation
services, for use in the provision of those services;
E. A source of nonionizing electromagnetic radiation with an
effective radiated power of seven watts or less;
F. A sole-source emitter with an average output of one kilowatt or
less if used for amateur purposes, such as CB radios;
G. Goods in storage or shipment or on display for sale, provided
the goods are not operated except for occasional testing or
demonstrations;
H. Amateur or “ham” radio equipment;
I. Satellite receiving dishes regulated by Sections 9.60.080 and
9.100.070; and
J. Any facility specifically exempted under federal or state law.
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 10 of 17
9.170.060 Approval standards.
A. Except as specifically otherwise noted, general approval standards
for all telecommunication facilities include:
1. Compliance with all federal and state statutes, including,
but not limited to, FCC licensing, NIER levels, and FAA
requirements;
2. Addition of the planned equipment to an existing or
approved tower shall not result in NIER levels in excess of
those permitted by the FCC;
3. Antennas, equipment, and all ancillary components shall
be stealth to the maximum extent feasible.
B. Telecommunication Tower Provisions.
1. All towers shall incorporate stealth/camouflaged design(s)
to the maximum extent feasible, to avoid adverse visual
impacts to the surrounding properties and the community as a
whole.
2. The base of the tower shall comply with the setback
standards in the underlying zoning district, except where
additional setbacks under subsection (B)(7) apply.
3. Towers shall not be located within primary image corridors as
designated in the general plan.
4. If a telecommunication tower is located adjacent to any of
the city’s designated image corridors, as identified in the
city’s general plan, the tower’s height shall conform to the
height limitations as identified in the city’s general plan.
5. All new towers shall be designed at the minimum
height functionally required. No new telecommunication
tower shall exceed one hundred feet in height.
6. The proposed tower shall be designed structurally to
accommodate the maximum number of foreseeable users,
including all potential co-location scenarios.
7. All accessory structures associated with a tower shall comply
with the setback standards in the underlying zoning district.
8. Any guy-wire anchors shall be set back twenty-five feet from
any property lines.
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 11 of 17
9. Towers shall not be artificially lighted unless required by the
FAA or state aeronautics division.
10. Existing on-site vegetation shall be preserved to the
maximum extent feasible.
C. Roof-Mounted and Building-Mounted Telecommunication Facilities.
1. All building-mounted facilities shall comply with Section
9.100.050 of this code.
2. Equipment shall not be visible to surrounding properties.
3. All equipment shall blend or architecturally match the existing
design of the building. Elements used to screen roof-mounted or
building-mounted equipment shall not appear as “add-on”
elements to the existing building.
D. Small Cell Facilities
1. All small cell facilities shall be required to meet the following
standards:
- Painted or treated to match the pole and/or structure on
which it is to be located.
- All wiring shall be enclosed within the antenna, pole and/or
structure so that it is not visible from the right-of-way or
neighboring parcels.
- All antennas shall not exceed 12 inches in diameter and 36
inches in height.
- All ground-mounted equipment shall be fully screened in
equipment cabinets integrated within the base of the pole or in
a permanent cabinet located within the landscaped parkway.
-All small cell facilities shall incorporate stealth/camouflaged
design(s) to the maximum extent feasible, and as allowed by
pertinent law, to avoid adverse visual impacts to the
surrounding properties and the community as a whole.
2. Small cell facilities shall only be mounted on the top of, or
within the top 5 feet of a structure.
3. The associated equipment (as that term is used in the
definition of Small Cell Facilities) shall be located within the
base of the pole on which the small cell is located, only if such
equipment does not impede the path of travel or reduce a
sidewalk to a width narrower than that required by the
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 12 of 17
Americans with Disabilities Act (ADA) and/or Building Code in
effect at the time. If appurtenant equipment is to be located in
a ground-mounted cabinet, it shall be placed on a permanent
foundation in the landscaped parkway of the public right of
way, and shall be screened by landscaping to the satisfaction of
the Director.
4. Small cell facilities shall not be located within 25 feet of a
residential structure.
5. Prior to applying for a permit for the development and
deployment of a small cell facility, the applicant must
demonstrate compliance with either of the following standards
(or some combination thereof where necessary):
- Where the facility is to be located on City-owned property,
the applicant must have a fully executed lease with the City
or other reasonable indication that the City has consented to
the proposed facility.
- Any other application shall be accompanied by proof that the
applicant has sufficient rights to install and maintain the
proposed facility.
6. Small Cell Facilities are not subject to Section 9.170.60(A).
E. Other Facilities. Other facilities are described as those
telecommunication facilities that do not fit the descriptions above.
These facilities may include, but are not limited to, rock features
and other wireless telecommunication facility designs. All
telecommunication facilities shall be stealth to the maximum extent
feasible.
9.170.070 Application.
All new telecommunication facilities shall require a conditional use
permit. Modifications and/or additions to approved existing
telecommunication facilities shall require a minor use permit for director
approval. All modifications and/or additions shall be reviewed on a
case-by-case basis. Upon review of an application for modification
and/or additions to an existing facility, the director may schedule the
proposal for a hearing with the planning commission. In all cases,
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 13 of 17
unless otherwise waived by the director, an application for approval of a
wireless telecommunication facility shall include, at a minimum:
A. A site plan or plans drawn to scale and identifying the site
boundaries; tower(s); guy wires; existing and proposed facilities;
vehicular parking and access; existing vegetation to be added,
retained, removed or replaced; and uses, structures and land use
and zoning designations on the site and abutting parcels.
B. A plan drawn to scale showing proposed landscaping, including
species type, size, spacing and other features.
C. Photo simulations showing the proposed wireless
telecommunication facility and surrounding features. Photo
simulations shall include at least three different angles of the
proposed facility at different distances from the location,
including before and after visualizations.
D. RF maps showing all existing wireless telecommunication
facilities within a ten-mile radius of the proposed facility. The RF
maps shall show existing coverage without the proposed site,
predicted coverage with the proposed site and existing sites, and
the predicted coverage of only the proposed site. RF maps shall
show the predicted coverage for indoor, in vehicle, and outside
service.
E. The applicant shall provide a project information and justification
letter. The letter shall provide the project location, contact
information, a project description and project objectives, alternative
site analysis and justification for why the proposed site was chosen
over existing sites. The letter shall include justification for the
selected site and a benefits summary on how the proposed site will
improve wireless telecommunication access in the community.
F. A structural report from a California registered structural
engineer. The report shall provide the following information:
1. Describe the tower and the technical, economic and other
reasons for the tower design;
2. Demonstrate that the tower complies with the applicable
structural standards;
3. Describe the capacity of the tower, including the number
and type of antennas that it can accommodate and the
basis for the calculation of capacity;
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 14 of 17
4. Show that the tower complies with the capacity requested
under Section 9.170.060; and
5. Demonstrate that the proposed sources of NIER are
incompliance with FCC guidelines.
G. The applicant shall request the FAA, FCC, and state aeronautics
division to provide a written statement that the proposed tower
complies with applicable regulations administered by that agency
or that the tower is exempt from those regulations. If each
applicable agency does not provide a requested statement after
the applicant makes a timely, good-faith effort to obtain it, the
application will be accepted for processing. The applicant shall
send any subsequently received agency statements to the
director.
H. Evidence that the tower complies with Section 9.170.060(A) and
a letter of intent to lease excess space on the tower and excess
land on the tower site except to the extent reduced capacity is
required under Section 9.170.060.
I. The applicant shall provide a draft copy of the lease agreement
between the tower operator and the property owner to the
planning division. Financial information may be blocked out.
J. A letter of intent, committing the tower owner and his or her
successor in interest to:
1. Respond in a timely, comprehensive manner to any request,
required under Section 9.170.060, for information from a
potential shared-use applicant, the tower owner may charge a
party requesting information under this section to pay a
reasonable fee not in excess of the actual cost of preparing a
response.
2. Negotiate in good-faith or shared use by third parties; an
owner generally will negotiate in the order in which requests for
information are received, except an owner generally will
negotiate with a party who has received an FCC license or
permit before doing so with other parties.
3. Allow shared use if an applicant agrees in writing to pay
charges and to comply with conditions described in this section.
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 15 of 17
9.170.080 Operations and maintenance.
A. All new telecommunication towers shall be designed within
the applicable American National Standards Institutes (ANSI)
standards.
B. No wireless telecommunication facility or combination of facilities
shall produce, at any time, power densities that exceed current FCC
adopted standards for human exposure to RF (Radio Frequency
Radiation Exposure Standards) fields. Failure to comply with FCC
Standards will result in the immediate cessation of operation of the
wireless telecommunication facility.
C. Each telecommunication facility will be subject to a ten-year
review by the planning commission. The review will determine
whether or not the originally approved telecommunication facility
and accessory equipment are still in compliance with the
conditions of approval, and that all radio frequencies are in
compliance with FCC OET Bulletin 65. This report shall be
prepared by a qualified licensed engineer.
D. All wireless telecommunication facilities shall be installed and
maintained in compliance with the requirements of the Uniform
Building Code, National Electrical Code, the city’s noise ordinance,
and other applicable codes, as well as other restrictions specified
in the permit and this section. The facility operator and the
property owner shall be responsible for maintaining the facility in
good condition, which shall include, but not be limited to, regular
cleaning, painting, and general upkeep and maintenance of the
site.
E. All wireless telecommunication facilities and related support
equipment shall be designed to prevent unauthorized persons from
accessing and/or climbing upon any wireless telecommunication
facility or appurtenance thereto. Fences, walls, and other landscape
materials shall be installed to prevent unauthorized persons from
accessing and/or climbing a wireless telecommunication facility.
F. All wireless telecommunication facility operators are required
to notify the city of La Quinta’s planning division within sixty
days of any change of ownership of the facility.
Ordinance No. 579
Small Cell Tower Technology Standards - Amendments to Sections 9.170.202 and 9.170.060
Adopted: April 16, 2019
Page 16 of 17
9.170.090 Required findings of approval.
The following findings shall be made by the planning commission and/or
director prior to approval of any wireless telecommunication facility:
A. Consistency with General Plan. The wireless telecommunication
facility is consistent with the goals, objectives and policies of the
general plan;
B. Public Welfare. Approval of the wireless telecommunication
facility will not create conditions materially detrimental to the
public health, safety and general welfare;
C. The proposed wireless telecommunication facility minimizes
adverse visual impacts through careful design and site placement;
D. The proposed wireless telecommunication facility is designed at
the minimal height to achieve the service provides objectives for
coverage within this portion of the community;
E. The proposed wireless telecommunication facility is
necessary, as shown in the applicant’s justification letter, to
improve community access to wireless service.