ORD 248ORDINANCE 248
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADDING
CHAPTER 9.218 TO THE LA QUINTA MUNICIPAL
CODE, TITLED "STANDARDS FOR COMMERCIAL
COMMUNICATIONS TOWERS AND RELATED
STRUCTURES"
CASE NO. ZOA 93-035 - CITY OF LA QUINTA
The City Council of the City of La Quinta does ordain as follows:
SECTION 1. Section 4.1 of the Riverside County Ordinance 348
(which was adopted ba reEarence by this City Council by Ordinance 5, operative
August 29, 1982), as amended, is further amended as stated in Exhibit "A", Zoning
Ordinance Amendment 93-035.
SECTION 2. ENVIRONMENTAL. The Zoning Ordinance
Amendment has complied with requirements of "The Rules to Implement the California
Environmental Quality Act of 1970" (as amended and adopted in City Council
Resolution 83-68) , in that the Planning Director conducted an Initial Study and has
determined that the proposed amendment will not have a significant adverse impact
on the environment, and that a Negative Declaration of Environmental Impact should
be adopted.
SECTION 3. EFFECTIVE DATE. The City Clerk shall, within 15
days after passage of this Ordinance, cause it to be posted in at least three public
places designated by resolution of the City Council; shall certify to the adoption and
posting of this Ordinance; and shall cause this ordinance and it's certification,
together with proof of posting to be entered into the Book of Ordinances of the City
of La Quinta.
The foregoing Ordinance was approved and adopted at a meeting
of the City Council of the City of La Quinta held on this 7th day of June, 1994, by
the following vote:
AYES: Council Members Bangerter, McCartney, Perkins, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
JO A, �ybr
City of La Quinta, California
ORDDRFT.004
Ordinance 248
AT ST :
AUNDRA JUHOL , City Clerk
City of La Quinta, California
APPROVED AS TO FORMAT:
DAWN HONEYWEL , City Attorney
City of La Quinta, California
ORDDRFT.004
ORDINANCE NO. 248
CHAPTER 9.218
STANDARDS FOR COMMERCIAL COMMUNICATIONS
TOWERS AND RELATED STRUCTURES
Sections:
EXHIBIT "A"
9.218.010
Purpose
9.218.020
Definitions
9.218.030
Where Permitted
9.218.040
Applicability
9.218.050
Exemption
9.218.060
Approval Standards
9.218.070
Application Contents for a New Transmission Tower
9.218.080
Nonionizing Electromagnetic Radiation Standards and Procedures
9.218.010. PURPOSE. The purpose of the ordinance is to address the following concerns:
A. To minimize adverse visual effects of towers 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 areas;
D. To maximize use of any new transmission tower to reduce the number of
towers needed;
E. To limit radiation emitted by telecommunications equipment so that it will
not adversely affect human health; and,
F. To allow new transmission towers in urban residential areas only if a
comparable site is not available outside urban residential areas.
9.218.020. DEFINITIONS.
A. For the purpose of this Chapter, certain words and terms used herein are herewith
defined.
ORDDRF r.036 1
B. When not inconsistent with the context, words used in the present tense include
the fut:ire tense; words in the singular number include the plural number and words in the plural
number include the singular number. The word "shall" is always mandatory and not merely
di:,-.tory. The word "may" is permissive.
1. Effective Radiated or Irradiated Power (ERP or EIRP). The power input
to the antenna multiplied by the numerical power gain of the antenna relative to the dipole or
isotropic radiator, respectively.
2. General Population. People who are not members of the family or
employees of the owner or operator of a source of NIER or the owner or other users of the site
of an NIER source.
3. Hand -Held Source. A transmitter normally operated while being held in
the hands of the user.
4. Height of Antenna Above Grade or Ground. The vertical distance between
the highest point of the antenna and the natural grade directly below this point.
5. Highest Calculated NIER Level. The NIER predicted to be highest with
all sources of NIER operating.
6. Intermittent. A radio transmitter that normally operates randomly and for
less than 15 continuous minutes.
7. Nonionizing Electromagnetic Radiation (NIER). The tower portion of the
electromagnetic spectrum; includes household electrical current, radio, television, and microwave
communications, radar, and visible light. It is insufficient to ionize living tissue, causes thermal
effects, may cause nonthermal effects.
8. Portable Source. Transmitters and associates antennas that are moved from
one point to another and operated at each location less than one month at a time.
9. Shared Capacity. That capacity for shared use whereby a tower can
accommodate several users simultaneously. Tower height, antenna weight, design, and the
effects of wind are prime determinants of capacity.
10. Sole -Source Emitter. One or more transmitters only one of which
normally transmits at a given instant.
11. Source of Nonionizing Electromagnetic Radiation. A source of NIER
emitting between 100kHz and 300 GHz with an ERP or EIRP of more than one watt.
12. Transmission Tower. A structure principally intended to support a source
of NIER and accessory equipment related to telecommunications.
13. Vehicular Source. A transmitter regularly used in vehicles that normally
move about.
ORDDRF r.036 2
9.218.030 WHERE PERMITTED. Television, radio, and microwave towers and related
equipment are permitted in any zone with a conditional use permit approved pursuant to Chapter
9.172.
9.218.040. APPLICABILITY. The following antenna equipment are permitted s.:bject to
Sections 9.218.060 and 9.218.080:
1.
VHF and UHF television.
2.
FM radio.
3.
Two-way radio.
4.
Common carriers.
5.
Cellular telephone.
6.
Fixed-point microwave.
7.
Low -power television.
8.
AM radio.
9.
Specialized mobile radio.
A source of nonionizing radiation can be attached to an approved tower or structure in any zone
if the planning director finds the source complies with Sections 9.218.040 and 9.218.080.
9.218.050. EXEMPTIONS. The following uses are exempt from this Ordinance, but may
be regulated by other sections of the Municipal Code:
A. Portable, handheld, and vehicular transmissions.
B. Industrial, scientific, and medical equipment operating at frequencies designated
for that purpose by the FCC.
C. A source of nonionizing electromagnetic radiation with an effective radiated power
of seven watts or less.
D. A sole -source emitter with an average output of one kilowatt or less if used for
amateur purposes.
E. Marketed consumer products, such as microwave ovens, citizens band radios, and
remote control toys.
F. Goods in storage or shipment or on display for sale, provided the goods are not
operated, except for occasional testing or demonstration.
G. Amateur ham radios.
9.218.060. APPROVAL STANDARDS.
A. Existing or approved
telecommunications equipment if:
towers cannot accommodate the proposed
ORDDRF r.036 3
1. Planned equipment would exceed the structural capacity of existing and
approved towers, considering existing and planned use of those towers, and existing and
approved towers cannot be reinforced to accommodate planned or equivalent equipment at a
reaso*.,able cost.
2. Planned equipment will cause RF interference with other existing or
planned ;;quipment for that tower, and the interference cannot be prevented at a reasonable cost.
3. Existing or approved towers do not have space on which planned
equipment can be placed so it can function effectively and at least in parity with other similar
equipment in place or approved by the City.
4. Addition of the planned equipment to an existing or approved tower would
result in NIER levels in excess of those permitted under Section 9.218.080.
5. Other reasons that make it impracticable to place the equipment planned
by the applicant on existing and approved towers.
B. Proposed towers or structures shall be set back from abutting residential parcels
or public property or street sufficient to:
1. Contain all debris from a tower failure on the tower site.
2. Protect the general public from NIER in excess of that allowed in Section
3. Preserve the privacy of adjoining property. The site is of sufficient size
to comply with this standard in other ways if:
a. Accessory structures comply with the setback standard in the
underlying district.
b. The tower base is set back from abutting parcels or streets by a
distance equal to the height of the tower plus twenty-five (25) feet.
C. Guy wire anchors shall be set back twenty-five (25) feet from any
property lines.
C. The proposed tower is set back from other on -site towers and supporting
structures far enough so one tower will not strike another tower or support structure if a tower
or support structure fails.
D. The proposed tower shall be designed structurally to accommodate the maximum
number of foreseeable users.
1. The City can reduce the required shared capacity of a tower:
ORDDRFr.036 4
a. If fewer or different telecommunications equipment should be
accommodated based on: the number of FCC licenses foreseeable available for the area; kind
of tower site or structure proposed; the number of existing and potential licensees without tower
space; and space available on existing and approved towers; or
b. If a tower necessary to provide for such sharing dominates and/or
alters the visual character of the area adversely.
2. Generally antennas on a shared tower will be arranged as follows, except
as needed to prevent electromagnetic interference or to accommodate topographic or other
physical or functional constraints:
a. Transmitting and receiving equipment serving similar kinds of uses
shall be placed on a shared -use tower so one of the users in a group can operate roughly equal
to other users in the group with similar equipment.
b. Generally a TV tower will have two side -mounted and one top -
mounted TV antenna or one top -mounted, one mounted below it, and one side -mounted.
Triangular, T-shaped, or other platforms or candelabra may be used if required
telecommunications equipment cannot be mounted as safely or economically without such
structures.
C. Microwave transmitters and receivers and FM and two-way radio
antennas can be placed anywhere on a tower above surrounding obstacles.
3. The letter of intent to lease space on a tower complies with Section
9.218.070(E).
E. The tower shall have the least practicable adverse visual effect on the
environment. A tower complies with this standard if it complies with the following:
1. If it is painted silver or light blue above the top of surrounding trees and
is painted green below treetop level or sand color if in open desert area.
2. All Federal Aviation Administration requirements.
3. Towers shall not be artificially lighted unless required by the FAA or State
aeronautics division.
4. Towers shall be the minimum height needed to comply with Section
9.218.060(D), (2), (a).
5. Towers over 150 feet in height shall be guyed unless the City finds that
a guyed tower would have a greater negative effect on the visual environment.
6. Towers shall not be located within designated view corridors as indicated
in the General Plan.
ORDDRFT.036 5
F. Traffic associated with the facility shall not adversely affect abutting streets.
Vehicular access shall be limited to a collector street if the site adjoins both a collector and local
street.
G. At least two off-street parking spaces shall be provided for service vehicles.
H. Existing on -site vegetation shall be preserved to the maximum extent practicable.
I. Where the site abuts residential parcels or public property or street, the site
perimeter shall be landscaped as follows:
1. For all towers, at least one row of evergreen shrubs such as yellow
oleander, Cape Honeysuckle, or other approved plants capable of forming a continuous hedge
at least five feet in height within two years of planting shall be spaced not more than five feet
apart within 15 feet of the site boundary.
2. For a tower greater than 150 feet tall, at least one row of evergreen trees
with tree trunk not less than 11/2 inches diameter measured three feet above grade, and spaced
not more than 20 feet apart and within 25 feet of the site boundary must be planted.
3. Within 25 feet of the site boundary for a tower less than 200 feet tall, and
within 40 feet of the site boundary for a tower more than 200 feet tall, at least one row of
evergreen trees or shrubs, at least four feet high when planted and spaced not more than 15 feet
apart.
4. Vegetation, topography, walls, fences, and features other than those listed
above may be used if the City finds that they:
wires.
a. Achieve about the same degree of screening.
b. Do not affect the stability, security, or maintenance of the guy
C. Are needed for surveillance and security of structures.
d. Are used for continued operation of agricultural uses.
J. Accessory facilities in a residential district may not include offices, long-term
vehicle storage, other outdoor storage, or broadcast studios, except for emergency purposes, or
other uses that are not needed to send or receive transmissions, and in no event may exceed 25
percent of the floor area used for transmission equipment and functions.
K. The proposed use shall comply with the applicable policies of the General Plan.
L. The proposed use shall be consistent with applicable Federal and State regulations,
based on the applicant's good faith effort to provide the information required in Section
9.218.070(D).
ORDDRFT.036 6
M. All tower installations shall be required to have engineering supervision during
construction phases.
9.218.070. APPLICATION CONTENTS FOR NEW TRANSMISSION TOWER(S) OR
ADDITIONS TO EXISTING TOWERS. An application for approval of a transmission tower
shall include:
A. A site plan or plans drawn to scale and identifying the site boundary; tower(s);
guy wire anchors; existing and proposed structures; vehicular parking and access; existing
vegetation to be 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. A report from a California registered structural engineer. The report shall:
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
standard;
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;
4. Show that the tower complies with the capacity requested under Section
9.218.060(D) (1-2) or;.
5. Demonstrate that the proposed sources of NIER will comply with Section
D. 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 Planning Director.
E. Evidence that the tower complies with Section 9.218.060(D) (1-3) 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 9.218.060(D)(1-2).
1. A letter of intent shall commit the tower owner and his or her successors
in interest to:
ORDDRFr.036 7
a. Respond in a timely, comprehensive manner to a request, required
under Sections 9.218.060(A), for information from a potential shared -use applicant; the tower
owner may charge a party requesting information under Section 9.218.060(A) to pay a
reasonable fee not in excess of the actual cost of preparing a response.
b. Negotiate in good faith for 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.
C. Allow shared use if an applicant agrees in writing to pay charges
and to comply with conditions described in Section 9.218.070(E)(1)(d).
d. Make no more than a reasonable charge for shared use, based on
generally accepted accounting principles. The charge may include but is not limited to a prorata
share of the cost of site selection, planning, project administration, land costs, site design,
construction and maintenance, financing, return on equity, and depreciation, and all of the costs
of adapting the tower or equipment to accommodate a shared user without causing
electromagnetic interference or causing uses on the site to emit NIER in excess of levels
permitted under Section 9.218.080.
2. If a new tower is approved, the applicant shall demonstrate that the letter
of intent is recorded with the County Recorder before a building permit is issued.
F. Written authorization from the owner of the site of the tower; a description of the
guy wire anchors, and other features associated with the use.
G. Evidence that it complies with Section 9.218.060(A):
1. The applicant shall contact the owners of all existing or approved towers
within the City of La Quinta with a top elevation like or higher than that proposed, except
owners of those towers presumed unable to accommodate the proposed antenna.
2. The applicant shall provide each contacted owner with the engineer's report
required under Section 9.218.070(C).
3. The applicant shall request each contacted owner to:
a. Identify the site by address and legal description.
b. Describe tower height and existing tower users.
C. Assess whether the existing tower could accommodate the antenna
to be attached to the proposed tower without causing structural instability or electromagnetic
interference.
ORDDRF r.036 8
d. If the antenna to be attached to the proposed tower cannot be
accommodated on each existing tower, assess whether the existing tower could be structurally
strengthened or whether the antennas, transmitters, and related equipment could be protected
from electromagnetic interference and generally describe the means and projected cost of shared
use of the existing tower.
H. Evidence that a tower cannot practicably be accommodated at a particular site
shall be provided as follows:
1. The applicant shall contact the owners of all existing or approved towers
if the base elevation of an existing or approved tower site is about the same or higher than the
base elevation of the proposed site except owners of those towers presumed unable to
accommodate the proposed antenna.
2. The applicant shall request each contacted owner to:
a. Identify the site by address and legal description.
b. Assess whether the site could accommodate the proposed tower
without changing an existing or approved tower.
_ C. If the proposed tower cannot be accommodated on each existing
tower site, assess whether the existing tower site could be changed to accommodate the proposed
tower, and generally describe the means and projected cost of shared use of the existing tower
site.
I. Other information as requested by the Planning Director.
9.218.080 NONIONIZING ELECTROMAGNETIC RADIATION STANDARDS AND
PROCEDURES.
A. A new source of nonionizing electromagnetic radiation (NIER) when combined
with existing sources of NIER, shall not expose the general public to ambient radiation
exceeding the mean squared electric or magnetic field strengths, or their equivalent plane -wave
free -space power density, for the frequency ranges and durations described in Table A and
Sections 9.218.080(B)-(D); provided, within 90-days after a Federal or State NIER emission or
measurement standard is adopted, the Planning Director shall schedule a hearing before the
Planning Commission to consider whether the standards described herein should be changed.
ORDDRFr.036 9
TABLE A. MAXIMUM PERMISSIBLE EXPOSURE (MPE) TO NIER LEVELS
FOR UNCONTROLLED ENVIRONMENTS
Frequency
Range
(MHz)
Electric Field
Strength E
(V/m)
Magnetic
Field Strength
H (A/m)
Power Density (S)
E-field; H-field
(mW/cm)
0.003 to 0.1
614
163
(100: 1,000,000)*
0.1 to 1.34
614
16.3/f
(100:10,000/f )*
1.34 to 3.0
823.8/f
16.3/f
(180/f :10,000/i2)*
3.0 to 30
823.8/f
16.3/f
(180/f2:10,000/i)*
30 to 100
27.5
158.3/0.668f
(0.2: 940,000/fl'336)*
100 to 300
27.5
0.0729
0.2
300 to 3000
-
-
f/ 1500
3000 to 15,000
-
-
f/ 1500
15,000 to 300,000
-
-
10
Notes: f =
frequency in megahertz (MHz)
E =
electric field
H =
magnetic field
V/m =
volts per meter
A/m =
amperes per meter
mW/cmZ =
milliwatts per centimeter squared
* These plane -wave equivalent power density values, although not appropriate for near -
field conditions, are commonly used as a convenient comparison with MPEs at higher
frequency and are displayed on some instruments in use.
Source: IEEE C95.1-1991
B. Before establishing a new source of NIER or changing an existing NIER source
in a way that increases the amount of radiation pattern of NIER, an applicant shall submit the
following information certified by a California registered electrical engineer:
1. The name and address of the owner of the transmitter and antenna.
2. The location of the antenna, including address, geographic coordinates,
height above grade.
3. The manufacturer, type and model of antenna and antenna radiation
patterns to the extent available.
ORDDRFr.036 10
radiator.
4. Frequency and output of transmitter and direction of transmission.
5. Power input to antenna and gain of antenna with respect to isotropic
6. Type of modulation and class of service.
7. Except for uses approved under Section 9.218.080(C), a scaled map and
exhibits showing the following:
a. Horizontal and radial distance from the NIER source to the nearest
point on the property line, the nearest habitable space regularly occupied by people other than
those residing or working on the site, and the points on the property and off the property with
the highest calculated NIER levels and elevations above sea level at those points.
b. Ambient NIER levels in the frequency range of the proposed source
measured at the four points identified as provided in Section 9.218.080(B)(7)(a).
C. Calculated NIER levels after establishment or change of the
proposed source at the four points identified in Section 9.218.080(B)(7)(a).
8. If the calculated NIER level at any of those points listed in Section
9.218.080(B)(7)(a) is more than one-third the maximum NIER level permitted under Section
9.218.080, the proposed NIER source can be approved only subject to the conditions that the
applicant measure NIER levels at those points after the source is established or changed, and that
such measurements show the use complies with, or is changed to comply with, Section
9.218.080.
C. A commercial, intermittent, sole -source emitter with less than one kilowatt
averaged output over time may be approved without calculating or measuring NIER if the
antenna for the emitter complies with the following separation standards.
1. An antenna with an effective isotropic radiated power of less than 100
watts is at least three feet from the exterior of a habitable structure other than a structure on the
site of the antenna and the highest point of the antenna is at least 10 feet from that exterior
surface.
2. An antenna with an effective isotropic radiated power between 100 and
1,000 watts is at least six feet from the exterior of a habitable structure other than a structure
on the site of the antenna and the highest point of the antenna is at least 15 feet from the exterior
surface.
3. An antenna with an effective isotropic radiated power between 1,000 and
10,000 watts is separated from the exterior of a habitable structure other than a structure on the
site of the antenna as shown in Table "B".
ORDDRFr.036
TABLE B. MINIMUM SEPARATION OF HABITABLE STRUCTURE FROM
COMMERCIAL INTERMITTENT SOLE -SOURCE EMITTER
(Effective Isotropic Radiated Power [EIRP] Between 1,000 and 10,000 Watts)
Frequency
(MHz)
Minimum Separation from
Highest Point of Antenna,
in feet.
Minimum Separation from
Any Point of Antenna, in
feet.
<7
11
5
7 to 30
frequency/O. 67
frequency/ 1.5
30 to 300
45
20
300 to 1,500
780/sq. rt. frequency
rt. frequency
> 1,500
20
:if
10
4. An antenna with an effective isotropic radiated power betty n 10,000 and
30,000 watts is separated from the exterior of a habitable structure other than a structure on the
site of the antenna as shown in Table "C".
TABLE C. MINIMUM SEPARATION OF HABITABLE STRUCTURE FROM
COMMERCIAL INTERMITTENT SOLE -SOURCE EMITTER
(Effective Irradiated Power [EIRP] Between 10,000 and 30,000 Watts)
Frequency
(MHz)
Minimum Separation from
Highest Point of Antenna,
in feet.
Minimum Separation from
Any Point of Antenna, in
feet.
<7
17.5
5
7 to 30
frequency/0.4
frequency/0.91
30 to 300
75
33
300 to 1,500
1,300/sq. rt. frequency
572/sq. rt. frequency
> 1,500
34
15
D. Measurements shall be made according to commonly accepted engineering
practice, using NIER measurement equipment generally recognized as accurate to measure NIER
at frequencies and power levels of the proposed source and existing ambient RF sources. ANSI
standard C95.3-Techniques and Instrumentation for the Measurement of Potentially Hazardous
Electromagnetic Radiation at Microwave Facilities, is one acceptable method of measuring
NIER. The effect of contributing sources of NIER below the lower frequency limit of a broad-
band measuring instrument may be included by separate measurement of these sources. NIER
levels of less than 20 m icrowatts/ square centimeter or the minimum sensitivity of the instrument
being used, whichever is less, shall be treated as zero.
1. Measurements are made at a height of 2 meters above ground or at a
greater height if habitation occurs at a greater height with lesser radial distance to the source.
ORDDRF r.036 12
2. Measurements shall be made when NIER levels are reasonably expected
to be highest due to operating and environmental characteristics.
3. Measurements shall be accompanied by exhibits showing:
a. The instruments used where calibrated within the manufacturer's
suggested periodic calibration interval.
b. The calibration method is used by or derived from methods used
by the National Bureau of Standards.
C. The accuracy of the measurements and certification that the
measurements were made in accordance with commonly accepted engineering practice.
ORDDRF r.036 13
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true and correct copy of Ordinance No. 248 which was introduced
on the 17th day of May, 1994 and was adopted at a regular meeting held on the 7th day of June,
1994 not being less than 5 days after date of introduction thereof.
_ I fu er certify that the foregoing ordinance was posted in three (3) places within the City of
La inta as specified in a resolution of the City Council.
La
L. JUHOL , City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SANDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
that 414 foregoing ordinance was posted on June 15, 1994 pursuant to City Council Resolution.
MUNDRA L. JUHOLA, City Clerk
City of La Quinta, California