§ 10-3.406. Development Standards.

(a)

Fall Zone Setbacks. All new monopole, uni-pole, lattice tower, or any other freestanding or guyed tower telecom facilities shall maintain a setback from any residentially zoned property that is at least one hundred ten (110) percent of the maximum height of the facility, including any Antenna or Antenna Array attached thereto. All new telecom facilities shall also meet the minimum setback requirements of the underlying zone. In approving such telecom facilities, the Director or Board, as applicable, shall consider maximizing adjacent setbacks from streets and residential properties to minimize the visual obtrusiveness of telecom facilities.

(b)

Separation Requirement. Except on public buildings and public property, all non-camouflaged monopole, uni-pole, or tower telecom facilities shall maintain a minimum one thousand (1,000) feet separation from all other non-camouflaged monopole, uni-pole, or tower telecom facilities. Consideration for a separation of less than one thousand (1,000) feet for non-camouflaged monopole, uni-pole, or tower would be pursuant to Section 10-3.407(e).

(c)

Height. In general, for a given location, the facility shall be at the lowest possible height consistent with the radio frequency coverage requirements of the applicant, which shall be disclosed to the City as prescribed by the Director.

(1)

Maximum Height. The maximum height limits are as set forth in Tables 3.4-3. Requests for Facilities exceeding the height limits set forth in Tables 3.4-3 shall be made as a variance, and subject to the findings for a variance for Telecom Facilities provided in Municipal Code Section 10-3.407(d).

(2)

Roof Mounted Facilities. For roof mounted facilities, antennas and support structures shall not exceed the allowable height limit for the zoning district in which it is located by more than ten (10) feet or exceed the primary roof parapet height by more than six (6) feet, whichever is less.

Table 3.4-3 - Telecom Facility Maximum Allowed Height (measured in feet)

Telecom Facility	R-1, R-2, R-3	R-1, R-2, R-3	P-O, C-1	C-2, C-3, C-M	M-1, M-2
	Residential Use	Non-Residential Use
On Building or other Structure	N	10	10	10	10
Monopole, Uni-pole, or Tower	N	50	50	70	70
Additional feet above permitted or actual building or structure height See definition The height of a monopole, uni-pole, or tower that existed prior to the adoption of this ordinance may be increased by ten (10) feet if shown necessary for collocation purposes for uni-pole or camouflage design subject to development plan review by the Director. The maximum height is fifty-five (55) feet if the property of which the monopole, uni-pole, or tower is located is adjacent to any residential zone. N = Not permitted

 

(d)

Projection.

(1)

Building Mounted Antennas. The antenna and mountings shall not project more than eighteen (18) inches from the building surface to which it is mounted to the farthest point on the antenna or antenna mounting, whichever is farther, measured horizontally from the building surface.

(e)

Co-location requirements.

(1)

Co-location potential required. To limit the adverse visual effects of a proliferation of telecom sites in the City, the proposed construction of new telecom facilities shall be designed to accommodate co-location of two (2) or more service providers. Any new telecom facility may be required to co-locate with another existing or new facility, unless it can be demonstrated to be technically or economically infeasible.

(2)

Co-location limitations. Except on public buildings and public property, no more than three (3) non-camouflaged telecom facilities on buildings or structures, or the number of antennas on a non-camouflaged monopole, uni-pole, or tower may co-locate at a single site unless findings can be made pursuant to Section 10-3.407(f) can be made. More than three (3) non-camouflaged telecom facilities on public buildings and public property require approval by the Director.

(3)

Co-location on existing large towers. Co-location of more than three (3) telecom facilities on existing large towers (one hundred (100) feet or higher) may be approved by the Director pursuant to development plan review if the new telecom facility is determined to result in minimal increase on the visual intrusiveness to the surrounding area.

(f)

Screening criteria. Telecom facilities must be visually compatible with surrounding buildings and vegetation through the use of techniques such as color and materials. In addition to the other design standards of this section, the following criteria shall be applied by the Director or Board, as applicable, in connection with the processing of any permit.

(1)

On a Roof. Roof-mounted antennas shall be screened from view from adjacent properties and the public right-of-way. The screening may include parapets, walls, or similar architectural elements provided that they are designed, colored and textured to integrate with the existing architecture of the building.

(2)

On a Building Facade. Building-mounted antennas shall be flush mounted and covered with an RF-transparent and visually opaque material of a color and texture to match the existing building, or be effectively disguised or screened as may be reasonably determined by the Director or Board as applicable.

(3)

On Other Structures. Antennas mounted on or within structures such as a clock tower, steeple, park playfield light or water tank shall be integrated with the structure or effectively screened from public view.

(4)

Monopole, Uni-pole, or Tower. A monopole or tower facility shall be concealed, screened, or camouflaged by existing or proposed new vegetation, buildings, or other structures and blend into the surrounding environment to the greatest extent possible as may be reasonably determined by the Director or Board as applicable.

(5)

Support Equipment. Support equipment shall be screened from public view by decorative fence, wall, parapet, landscaping, berming or any combination thereof as approved by the Director or Board, or shall be located within a building, enclosure, or underground vault, which is designed, colored, textured, and landscaped to match the adjacent architecture or blend in with the surrounding environment. For ground-mounted installations, support equipment may be required to be screened in a security enclosure consistent with the design provisions. Chain link fencing including barbed wire and razor wire may be allowed if it is not visible from the public.

(g)

Within the Public Right-of-Way. Telecom facilities and/or support equipment proposed to be located in the public right-of-way shall comply with the provisions of the Modesto Municipal Code. Telecommunications support equipment located in the public right-of-way shall be placed within flush-to-grade enclosures utilizing flush-to-grade venting systems except in those cases where the Director or Board, as applicable determines that it is not technically feasible to do so, in which case proper screening, as approved by the Director or Board as applicable, shall be required. In addition, ground-mounted equipment in the public right-of-way shall comply with all requirements of the Americans With Disabilities Act (ADA), and shall not interfere with drivers' sight lines for roadways, sidewalks, and driveways.

(h)

Building Code. Wireless telecommunications facilities, including, but not limited to, antennas, support structures, equipment structures, and related structures and equipment shall be designed, constructed, and maintained in accordance with the most current California Building Code and other applicable codes, laws, and regulations, as enforced by the Division of Building Safety, to assure that all such facilities will maintain their structural integrity despite the efforts of the elements.

(i)

Night Lighting. Telecom facilities shall not be lighted except:

(1)

For City-approved security lighting at the lowest intensity necessary for that purpose; and

(2)

As necessary for the illumination of the flag of the United States or the flag of the State of California, when such flag(s) are attached to or associated with the telecom facility. Such lighting shall be shielded so that direct illumination does not shine on nearby properties.

(3)

Any lighting which may be required by State or Federal law.

(j)

Signs and Advertising. No advertising signage or identifying logos shall be displayed on any telecom facility except for small identification, address, warning, and similar information plates not exceeding one (1) square foot or the minimum requirement by State or Federal law.

(Amended by Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)