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MAYOR & COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
MEETING BACKUP
MEETING DATE: 12/18/06
DEPUTY: Linda Hartzel
ITEM NO. ST A TUS
19 Continued to J anuarv 8, 2007
R27 Continued to January 22, 2007
32 Ordinance laid over to January 8, 2007
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Development Code Amendment
No. 05-07 - A proposal to amend Section
19.20.030(3) of the Development Code to
modify the development and design
standards for wireless telecommunications
facilities. This Development Code
Amendment will apply throughout the City
of San Bernardino.
Dept: Development Services
Date: November 28, 2006 .
MCC Date: December 18. 2006
Synopsis of Previous Council Action:
November 22, 2005: Legislative Review Committee recommended the amendment.
Recommended Motion:
That the hearing be closed and that the ordinance be laid over for adoption.
vitwlJ {;. R~
Valerie C. Ross
Contact person:
Rrj;::m Fnntp. A~~nr.i~h:~ PI;.1nnp-r
ph"n... ::lR4-fiOfi7
Supporting data attached:
Staff ReDor!
Ward:
Citv-wide
FUNDING REQUIREMENTS:
N/A
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
8.:L,
/ a./ /rjDfo
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Development Code Amendment (DCA) No. 05-07, a City-initiated
amendment to Section 19.20.030(3) of the Development Code to
modify the development and design standards for wireless
telecommunications facilities.
BACKGROUND
The Development Code Amendment will provide additional criteria for the permitting
process for telecommunications monopoles, the placement and development standards
for monopoles, and the design/aesthetic requirements for monopoles and related
equipment (Exhibit 1). The proposal will apply to all uses that are subject to Section
19.20.030(3) and to all land use districts within the City of San Bernardino.
On November 22, 2005, the City of San Bernardino Legislative Review Committee
considered the proposed amendment and directed staff to prepare a staff report to the
Planning Commission.
On January 10, 2006, the Planning Commission considered the proposed amendment
and recommended that the Mayor & Common Council approve DCA No. 05-07 based
on the Findings of Fact contained in the St~ff Report (Exhibit 2). Commissioners Durr,
Heasley, Munoz, Powell, and Sauerbrun voted in favor of the recommendation.
Commissioners Brown, Coute, Enciso, and Morris were absent.
ANALYSIS
The proposed amendment is the result of recently approved projects allowing the
installation of wireless telecommunications towers in the vicinity of residentially
designated properties. The, proposed amendment will codify additional criteria
applicable to the permitting process for monopoles, the placement and development
standards for monopoles, and the design/aesthetic requirements for monopoles and
related equipment. The proposed amendment is consistent with several General Plan
goals and policies, as explained in the Planning Commission Staff Report (Exhibit 2).
The proposed amendment is intended to reduce potential land use conflicts, especially
for adjacent residential properties, and clarify and simplify the application process for
developers.
The additions and modifications to Section 19.20.030(3) of the Development Code are
summarized on the following page.
DCA No. 05-07
Hearing Date: Dec. 18,2006
Page 2
. 1. Add the word "monopoles" to Section 19.20.030(3).
2. Add the following sentence to Section C: "7. Placement of a monopole or antenna
(except as provided above) located within 75 feet from a property designated
residential, or within 75 feet from an existing residence."
3. Renumber Nos. 5 through 12 within Section D.
4. Add the following sentence to Section D: "5. No part of any monopole shall be
located within ten (10) feet of any property line."
5. Add the following sentence to No.6 of Section D: "Equipment shelter buildings shall
be architecturally compatible with existing 'buildings on the site, as well as the
surrounding properties, and shall be subject to the architectural Design Guidelines of
the Development Code. Design features include, but are not limited to, split-face
concrete block, slump stone, stucco, faux roof with pitch, etc."
6. Add the following sentence to Section D: "14. Camouflaged monopoles shall have
heavy-density branch coverage per the manufacturer's specifications (e.g. a
minimum of 60 palm fronds or a minimum of 100 pine branches). Antennae shall be
painted to match the structure or camouflaged with an approved concealment. A
minimum of one-half of the length of the monopole shall be covered with a simulated
bark cladding."
FINANCIAL IMPACT
. None.
RECOMMENDATION
Staff recommends that the hearing be closed and that the ordinance be laid over for
adoption.
Exhibits:
1. Ordinance
2. Planning Commission Staff Report
.
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23 fill
24 fill
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26
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28
Exhibit 1
1
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERl'iARDINO AMENDI~G
3 CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS), SECTION 19.20.030 (3)
OF THE SAN' BER.J"lARDINO MUNICIPAL CODE (DEVELOPMEI'\T CODE)
4 RELATED TO ANTENI'\AS, SATELLITE DISHES, AND TELECOMMUI'\ICATIONS
5 FACILITIES.
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDr:--:O
DO ORDAIN AS FOLLOWS: .
7
8
9
10
11
SECTION 1. Chapter 19.20, Section 19.20.030(3), relating to antennas, satellite dishes.
and telecommunications facilities of the Municipal Code (Development Code) is amended to
modify standards for telecommunications facilities, including monopoles, subject to the approval
of the Development Services Director or the Planning Commission in all land use districts as
12 shown in Attachment I attached hereto and incorporated herein by reference.
13
14
SECTION 2. Severability. In the event that any provision of this Ordinance, or any part
thereof, or any application thereof to any person or circumstance, is for any reason held to be
15
16
17
18
19
unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its
face or as applied, such holding shall not affect the validity or effectiveness of any of the
remaining provisions of this Ordinance, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied to any other person or circumstance. It is
20
hereby declared to be the legislative intent of the City that this Ordinance would have been
21
adopted had such unconstitutional, invalid, or ineffective provisions not been included herein.
'11o.8L
I J.}? /CJb
10 ESTRADA
11 BAXTER
12 BRINKER
13
DERRY
tit 14
KELLEY
15
16 JOHNSON
17 MC CAMMACK
tit
18
19
20
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22
23
24
25
26
tit 27
28
1
AN ORDINANCE OF THE CITY OF SAN BERNARDINO A:\1ENDING
2 CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS), SECTION 19.20.030 (3)
OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
3 RELATED TO ANTENNAS, SATELLITE DISHES, AND TELECOMMUNICATIONS
FACILITIES.
4
5
6
7
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
meeting thereof, held
Common Council of the City of San Bernardino at a
on the
day of
, 2006, by the following vote to wit:
8
9 Council Members:
ABSENT
ABSTAIN
NAYS
AYES
City Clerk
The foregoing ordinance is hereby approved this _day of
,2006.
PATRICK J. MORRIS, Mayor .
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City ttorney
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- - -------1
Anaclunent 1
CITY OF SAN BERNARDINO
DEVELOPMENT CODE EXCERPT
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
19.20.030 GENERAL STANDARDS
3. ANTENNAS. SATELLITE DISHES AND TELECOMMUNICATIONS
FACILITIES
All antennas, telecommunications facilities, (monopoles), and satellite dishes shall
be installed in the following manner, subject to the appropriate entitlement: MC
1090 11/20/00
A.
EXEMPTIONS
The following installations In residential districts are exempt from the
provisions of this section:
1. The installation of one (1) ground mounted satellite dish antenna in
the rear yard which is less than 10.5 feet in diameter and less than 12
feet in height;
2. One (I) satellite dish antenna which is less than 24 inches in diameter
may be installed on a building provided that such antenna does not
extend above the eaveline of said building;
3. Residential single-pole or tower roof or ground mounted television,
or amateur radio antelillas where the boom of any active element of
the array is 30 feet or less and the height does not exceed 75 feet.
B. DIRECTOR REVIEW
The following shall be reviewed by the Director, subject to a Development
Permit:
1.
Antennas up to a maximum of 15 feet in height that are mounted on a
building or rooftop and that are screened from view from all adjacent
public rights-of-way.
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2.
Antennas that are architecturally integrated with a building or
structure so as not to be recognized as an antenna, such as clock
towers, carillon towers and signs.
3. Antennas mounted on other existing structures including, but not
limited to, water tanks, pump stations, utility poles, ball field lighting
where antenna height does not exceed structure height.
4. Co-location of existing equipment on an existing City-approved
support structure.
5. Modification of existing telecommunications facilities where the
physical area of the reconfigured or altered antenna shall not exceed
15 percent of the original approval:
a. Three (3) or more additional whip antenna (15 feet maximum
height);
b. The reconfiguration or alteration of existing antenna on a
single support structure;
c. Additional dishes up to 4 feet in diameter;
d. Increased height ofan existing antenna up to 75 feet.
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6.
Stand-alone monopoles camouflaged as palm trees, pine trees or
other natural objects, within a grouping of similar natural objects.
C. PLANNING COMMISSION REVIEW
The following shall be reviewed by the Planning Commission, subject to a
Conditional Use Permit:
I. Increased height of an existing, approved antenna that exceeds 75
feet in height.
2. New stand-alone monopoles that exceed 75 feet in height.
3. New ground mounted, uncamouflaged monopoles up to 75 feet in
height.
4. All other wireless communication facilities, including lattice
lOwers.
5. Placement of an antenna on any building not screened from public
view.
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6.
On residentially designated property that is developed with a legal
non-residential use (e.g., school, church, etc.).
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7.
Placement of a monopole or antenna (except as provided above)
located within 75 feet from a property designated residential, or
within 75 feet from an existing residence.
D. DEVELOPMENT AND DESIGN STANDARDS
I. The antenna, support structure and associated equipment shall not
be located within any residential land use district except as
provided by Section I 9.20.030(3)(A) and 19.20.030(3)(D)(5).
2. A maximum of one (1) satellite dish antenna shall be permitted per
lot except retail locations selling and displaying satellite dish
antennas and/or televisions may have more than one (1) such
antenna.
3. No part of any satellite dish antenna shall be located within a
required front yard, side yard, or on the street side of a comer lot.
4. No part of any satellite dish antenna shall be located within three
(3) feet of any property line.
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5.
No part of anv monopole shall be located within ten (10) feet of
anv propertv line.
6. Associated equipment shall be located within a completely
enclosed structure or otherwise screened from view. Equipment
shelter buildings shall be architecturallv compatible with existing
buildings on the site. as well as the surrounding properties. and
shall be subiect to the architectural Design Guidelines of the
Development Code. Design features include, but are not limited to.
split-face concrete block. slump stone. stucco. faux roof with pitch.
etc.
7. Fencing shall be wrought iron or similar decorative material and
shall be consistent with the provisions of Section 19.20.030(8).
Prohibited fencing includes chain link, razor wire and barbed wire.
(Note: this was part of no. 6, but is being separated out.)
8. The antennae shall be sited to assure compatibility with
surrounding development and not adversely impact the
neighborhood.
9.
Antennas and support equipment shall be sited to minimize views
from the public rights-of-way. Landscaping may be required to
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screen the tower. equipment buildings or support structures from
view.
10.
If an antenna is attached or integrated into a building, it shall be
painted to match the color of the building and/or covered with
similar materials, subject to approval of the Director.
II.
If not camouflaged, antenna and monopoles shall be a single, non-
glossy color (e.g., off-white, cream, beige, green, black, or gray).
12.
Antenna structures shall conform to
Administration regulation AC7017460 latest
include beacons, sidelights and/or strobes.
Federal
edition.
Aviation
This may
13. The operation of the antennae shall not cause interference with any
electrical equipment in the surrounding neighborhoods (e.g.,
television, radio, telephone, computer, inclusive of the City's
trunked 800MHz public safety radio system, etc.) unless exempted
by Federal regulation.
14.
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A support structure may be required to be adequately designed for
a co-location on another company's equipment, of no more than
two companies. If co-location is proposed, the application shall be
reviewed by the Director, subject to a Development Permit.
15. Camouflaged monopoles shall have heavv-densitv branch coverage
per the manufacturer's specifications (e.g. a minimum of 60 palm
fronds or a minimum of 100 pine branches). Antennae shall be
painted to match the structure or camouflaged with an approved
concealment. A minimum of one-half of the length of the
monopole shall be covered with a simulated bark cladding.
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SUMMARY
Exhibit 2
CITY OF SAN BERNARDINO PLANNING DIVISION
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CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Development Code Amendment No. 05-07
5
January 10, 2006
City Wide
OWNER:
APPLICANT:
N/A
City of San Bernardino
300 N. "0" Street
San Bernardino, CA 92418
REQUEST & LOCATION:
A request for approval of a Development Code Amendment to Section 19.20.030(3) to
modify the development and design standards for wireless telecommunications facilities. This
Development Code Amendment will apply throughout the City of San Bernardino.
e CONSTRAINTS/OVERLAYS:
N/A.
ENVIRONMENTAL FINDINGS:
o Not Applicable
[8J Exempt from CEQA, Section 15305 - Minor Alterations to Land Use Limitations
o No Significant Effects .
o Previous Negative Declaration
o Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
[8J Approval
o Conditions
o Denial
o Continuance to:
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Development Code Amendment No. 05-07
Meeting Date: Januanj 10, 2006
Page 2
REQUEST & LOCA nON
This is a City-initiated amendment to Section 19.20.030(3) of the Development Code, to
modify the development and design standards for wireless telecommunications
facilities. This Development Code Amendment will apply throughout the City of San
Bernardino in all land use districts, and to all uses that are subject to Section
19.20.030(3). A strikethrough version of the proposed amendments is included as
Attachment A.
BACKGROUND
The City of San Bernardino Legislative Review Committee considered proposed
modifications and updates to Development Code Section 19.20.030(3) at their meeting
of November 22, 2005. Based on the recommendation of staff, the Legislative Review
Committee then. directed the Planning Division to complete a Development Code
Amendment.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) STATUS
Planning staff reviewed the project according to the requirements of the California
Environmental Quality Act, and the proposed amendment qualifies for a Categorical
Exemption from environmental review under the California Public Resources Code,
Section 15305 for Minor Alterations to land Use Limitiltions, pertaining to the
development standards for wireless telecommunications facilities.
FINDINGS OF FACT
1. Is the proposed amendment consistent with the General Plan?
Yes, the proposed amendment is consistent with a number of General Plan goals
and policies, and will provide additional criteria to the entitlement process for
monopoles, the placement and development standards of monopoles, and the
design/ aesthetic requirements for monopoles and related equipment. The
proposed amendment that expands the requirement for a Conditional Use
Permit is consistent with Policy 2.10.3 in the Land Use Element, which states,
"Ensure that residents of the City of San Bernardino have the opportunity to
provide input to the determination of future land use that may significantly
affect the character and quality of life."
The proposed modification pertaining to location and placement are consistent
with Goal 2.2, which states, "Promote development that integrates with and
minimizes impacts on surrounding land uses." The amendments are also
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Development Code Amendmfllt No. 05-07
Meetl1lg Date: January 10, 2006
Page 3
consistent with Policy 2.2.1 in the Land Use Element, which states, "Ensure
compatibility between land uses and quality design through adherence to the
standards and regulations in the Development Code and policies and guidelines
in the Community Design Element." The amendment also meets the intent of
Policy 5.7.9 in the Community Design Element, which states, "Ensure the scale
and massing of office, commercial, and industrial uses are sensitive to the context
of surrounding residential development."
The proposed modification pertaining to architecture and aesthetics are
consistent with Policy 2.5.4 in the Land Use Element, which states, "Require that
all new structures achieve a high level of architectural design and provide careful
attention to detail."
These proposed modifications to Development Code Section 19.20.030(3) will
implement several goals and policies contained in the General Plan. Therefore,
the proposed amendments will be internally consistent with the General Plan.
2. Would the proposed amendment be detrimental to tire public interest, health,
safety, convenience, or welfare of the City?
No, the proposed amendment would not be detrimental to the public interest,
health, safety, convenience, and welfare. The proposed amendment would
actually benefit the public interest, health, safety, and welfare of the City in that
it will provide clarification to the placement, development standards, and design
criteria that are applicable to teleCOmmunications facilities, which will preserve
and enhance aesthetics within the City. Ultimately, the amendments will
promote the preservation and enhancement of property values within the City.
CONCLUSION
The proposal meets all necessary Findings of Fact for approval of the Development
Code Amendment.
RECOMMEND A TION
Staff recommends that the Planning Commission recommend that the Mayor and
Common Council approve Development Code Amendment No. 05-07 based upon the
Findings of Fact contained in this Staff Report.
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Development Code Amendment No. 05-07
Meeting Date: January 10, 2006
Page 4
Respectfully Submitted,
V ttWJ (;. ~ffV
James Funk
Director of Development Services
~~
Brian Foote
Assistant Planner
Attachment A
Proposed Amendment to Development Code
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Development Code Amendment No. 05-07
Meeting Date: January 10, 2006
Page 5
Attachment A
CITY OF SAN BERNARDINO
Development Code Excerpt
CHAPTER 19.20
PROPERTY DEVELOPMENT STANDARDS
3. ANTENNAS, SATELLITE DISHES AND TELECOMMUNICATIONS FACILITIES
All antennas, telecommunications facilities, (monoDoles), and satellite dishes shall be
installed in the following manner, subject to the appropriate entitlement: MC 1090
11/20/00
A. EXEMPTIONS
The fonowing installations in residential districts are exempt from the provisions of
this section:
1.
The installation of one (I) ground mounted satellite dish antenna in the rear
yard which is less than 10.5 feet in diameter and less than 12 feet in height;
2.
One (I) satellite dish antenna which is less than 24 inches in diameter may
be installed on a building. p~ovided that such antenna does not extend above
the eaveline of said building;
3. Residential single-pole or tower roof or ground mounted television, or
amateur radio antennas where the boom of any active element of the array is
30 feet or less and the height does not exceed 75 feet.
B. DIRECTOR REVIEW
The following shall be reviewed by the Director, subject to a Development
Permit:
I. Antenrias up' to a maximum of 15 feet in height that are mounted on a
building or rooftop and that are screened from view from all adjacent public
rights-of-way.
2. Antennas that are architecturally integrated with a building or structure so
as not to be recognized as an antenna, such as clock towers, carillon
towers and signs.
.
.
.
Development Code Amendmerzt No. 05-07
Meeting Date: fanuanj 10. 2006
Page 6
Attachment A
3.
Antennas mounted on other existing structures including, but not limited to,
water tanks, pump stations, utility poles, ball field lighting where antenna
height does not exceed structure height.
4. Co-location of existing equipment on an existing City-approved support
structure.
5. Modification of existing telecommunications facilities where the physical
area of the reconfigured or altered antenna shall not exceed 15 percent of the
original approval:
a. Three (3) or more additional whip antenna (15 feet maxunum
height);
b. The reconfiguration or alteration of existing antenna on a single
support structure;
c. Additional dishes up to 4 feet in diameter;
d. Increased height of an existing antenna up to 75 feet.
6. Stand-alone monopoles camouflaged as palm trees, pine trees or other
natural objects, within a grouping of similar natural objects.
c.
PLANNING COMMISSION REVIEW
The following shall be reviewed by the Planning Commission, subject to a
Conditional Use Permit:
I. Increased height of an existing, approved antenna that exceeds 75 feet in
height.
2. New stand-alone monopoles that exceed 75 feet in height.
3. New ground mounted, uncamouflaged monopoles up to 75 feet in height.
4. All other wireless communication facilities, including lattice towers.
5. Placement of an antenna on any building not screened from public view.
6. On residentially designated property that is developed with a legal non-
residential use (e.g., school, church, etc.).
7.
Placement of a monopole or antenna (except as provided above) located
within 75 feet from a propertv designated residential. or within 75 feet
from an existing residence.
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Development COIk Amendment No. 05-07
Meeting Date: Januanj 10, 2006
Page 7
Attachment A
D.
DEVELOPMENT AND DESIGN STANDARDS
I. The antenna, support structure and associated equipment shall not be
located within any residential land use district except as provided by
Section 19.20.030(3)(A) and 19.20.030(3)(D)(5).
2. A maximum of one (I) satellite dish antenna shall be permitted per lot
except retail locations selling and displaying satellite dish antennas and/or
televisions may have more than one (I) such antenna.
3. No part of any satellite dish antenna shall be located within a required
front yard, side yard, or on the street side of a comer lot.
4. No part of any satellite dish antenna shall be located within three (3) feet
of any property line.
5. No part of anv monopole shall be located within ten (10) feet of anv
propertv line.
6.
Associated equipment shall be located within a completely enclosed
structure or otherwise screened from view. Equipment shelter buildings
shall be architecturallv compatible with existing buildings on the site. as
well as the surrounding properties. and shall be subiect to the architectural
Design Guidelines of the Development Code. Design features include. but
are not limited to. split-face concrete block. slump stone. stucco. faux roof
with pitch. etc. . .
7. Fencing shall be wrought iron or similar decorative material and shall be
consistent with the provisions of Section 19.20.030(8). Prohibited fencing
includes chain link, razor wire and barbed wire. (Note: this was part of no.
6, but is being separated out) .
8. The antennae shall be sited to assure compatibility with surrounding
development and not adversely impact the neighborhood.
9. Antennas and support equipment shall be sited to minimize views from the
public rights-of-way. Landscaping may be required to screen the tower.
equipment buildings or support structures from view.
10. If an antenna is attached or integrated into a building, it shall be painted to
match the color of the building and/or covered with similar materials,
subject to approval of the Director.
II.
If not camouflaged. antenna and monopoles shall be a single, non-glossy
color (e.g., off-white, cream, beige, green, black, or gray).
Development Code Amendment No. 05.07
Meeting Date: January 10, 2006
Page 8
Attachment A
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12.
Antenna structures shall conf ft. f
regulation AC7017460 latest edi..
and/or strobes.
r ..'eral Aviation Administration
1 r < nay include beacons, sidelights
13. The operation of the antennae La.. u.:>t cause interference with any
electrical equipment in the surrounding neighborhoods (e.g., television,
radio, telephone, computer, inclusive of the City's trunked 800MHz public
safety radio system, etc.) unless exempted by Federal regulation.
14. A support structure may be required to be adequately designed for a co-
location on another company's equipment, of no more than two
companies. If co-location is proposed, the application shall be reviewed
by the Director, subject to a Development Permit.
15. Camouflaged monopoles shall have heavy-density branch coverage per the
manufacturer's specifications (e.g. a minimum of 60 palm fronds or a
minimum of 100 pine branches). Antennae shall be painted to match the
structure or camouflaged with an approved concealment. A minimum of
one-half of the length of the monopole shall be covered with a simulated
bark cladding.
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