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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