SMART METERS (TEMPORARY MORATORIUM ON THE INSTALLATION OF SMART METERS)
- 8.58.010 Title.
- 8.58.020 Purpose and findings.
- 8.58.030 Moratorium on the installation of smart meters and related equipment.
- 8.58.040 Immediate threat to health, safety and welfare.
- 8.58.050 Conflicting laws.
- 8.58.060 Effectiveness.
- 8.58.080 Publication.
This chapter shall be known as the “Temporary Moratorium on the Installation of Smart Meters and Related Equipment within the City of Sebastopol or in, along, across, upon, under and over the Public Streets and Places within the City of Sebastopol.”
8.58.020 Purpose and findings.
A. The City of Sebastopol (the “City”), through its police powers granted by Article XI of the California Constitution, retains broad discretion to legislate for public purposes and for the general welfare, including but not limited to matters of public health, safety and consumer protection and as a local government, the City of Sebastopol finds they have a legal duty to defend and protect the health and welfare of this community.
B. In addition, the City retains authority under Article XII, Section 8 of the California Constitution to grant franchises for public utilities and pursuant to California Public Utilities Code Section 6203, “may in such a franchise impose such other and additional terms and conditions…, whether governmental or contractual in character, as in the judgment of the legislative body are to the public interest.”
C. Further, Public Utilities Code Section 2902 reserves the City’s right to supervise and regulate public utilities in matters affecting the health, convenience and safety of the general public, “such as the use and repair of public streets by any public utility, the location of the poles, wires, mains, or conduits of any public utility, on, under, or above any public streets, and the speed of common carriers operating within the limits of the municipal corporation.”
D. Pacific Gas and Electric Company (PG&E) is installing smart meters in Central and Northern California and is installing these meters in Sebastopol, despite the City’s request for a moratorium and health and safety studies. PG&E has already installed antennas to support the smart meter system at several sites within the public rights-of-way in the City without obtaining permits from the City as required by the City Code. Further, PG&E did not comply with Section XIV of General Order 131-D of the California Public Utilities Commission (CPUC), which requires a utility to consult with the local jurisdiction on land use matters prior to locating its facilities.
E. Concerns about the impact, safety and accuracy of smart meters, as well as the vulnerability to hacking and intrusion, which will make our electrical grid more susceptible to terrorist attack and disruption, have been raised throughout California and nationwide, leading local and State governmental organizations to call for delays, opt-in programs, or outright bans on the deployment of smart meters. The City of Sebastopol also has concerns regarding PG&E’s change in how meters will now be read, effectively reducing the frequency of documented simple inspections (including “smell test” around gas meter for leaks, observation of meter and adjacent breaker/fuse box for obvious heating, checks for observed local illegal bypass of meters) that reduces the safety of potentially dangerous utility supply to homes. The City requests that all utility metering be physically on-site inspected, by an adequately licensed person, every month. A written, certifiable record should document these inspections.
F. The CPUC currently has pending before it an application evaluating a smart meter opt-out program, which includes a community-wide opt-out possibility. PG&E’s opt-out proposal will not protect the privacy, health and economic interests that are raised by numerous Sebastopol residents, because the plan (as set forth in CPUC Application A 11-03-014) requires substantial upfront and ongoing monthly fees, which are unreasonable and do not reflect any savings garnered by maintaining current analog meters and avoiding the acquisition and installation costs incurred by replacement with smart meters. In addition, PG&E’s fee proposal also effectively discriminates against those ratepayers who elect to opt out for health or safety reasons, which is in violation of the prohibition on prejudicial rates in California Public Utilities Code Section 453(b).
G. Indeed, major problems and deficiencies with smart meters in California have been brought to the attention of the Sebastopol City Council, including PG&E’s confirmation that smart meters have provided incorrect readings costing ratepayers untold thousands of dollars in overcharges and PG&E’s records outlined “risks” and “issues” including an ongoing inability to recover real-time data because of faulty hardware originating with PG&E vendors. Concerns have also been raised that the new smart-meter devices do not appear to have the same operating history information, extensive service history, or public-reviewed proven safety record as the older style analog meters.
H. The ebb and flow of gas and electricity into homes discloses detailed information about private details of daily life. Energy usage data, measured moment by moment, allows the reconstruction of a household’s activities: when people wake up, when they come home, when they go on vacation, and even when they take a hot bath. Smart meters represent a new form of technology that relays detailed hitherto confidential information reflecting the times and amounts of the use of electrical power without adequately protecting that data from being accessed by unauthorized persons or entities and, as such, pose an unreasonable intrusion of utility customers’ privacy rights and security interests.
I. Significant health questions have been raised concerning the increased electromagnetic frequency radiation (EMF) emitted by the wireless technology in smart meters, which will be in every house, apartment and business, thereby adding additional manmade EMF to our environment around the clock to the already existing EMF from utility poles, individual meters and telephone poles.
J. FCC safety standards do not exist for chronic long-term exposure to EMF or from multiple sources, and reported adverse health effects from electromagnetic pollution include sleep disorders, irritability, short-term memory loss, headaches, anxiety, nausea, DNA breakages, abnormal cell growth, cancer, premature aging, etc. Because of untested technology, international scientists, environmental agencies, advocacy groups and doctors are calling for the use of caution in wireless technologies.
K. The primary justification given for the smart meter program is the assertion that it will encourage customers to move some of their electricity usage from daytime to evening hours; however, PG&E has conducted no actual pilot projects to determine whether this assumption is in fact correct. Nontransmitting time-of-day meters are already available for customers who desire them, and enhanced customer education is a viable nontechnological alternative to encourage electricity use time-shifting. Further, some engineers and energy conservation experts believe that the smart meter program, in totality, could well actually increase total electricity consumption and therefore the carbon footprint.
L. Because the potential risks to the health, safety and welfare of Sebastopol residents are so great, the Sebastopol City Council wishes to adopt a moratorium on the installation of smart meters and related equipment within the Sebastopol City limits until the California Public Utilities Commission (CPUC) completes its Phase 2 hearings on community opt-out and the City of Sebastopol City Council makes their decision and actions based upon the outcome of the CPUC hearings. This moratorium will allow the CPUC petition process to be completed and for additional information to be collected and analyzed regarding potential problems with smart meters.
M. There is a current and immediate threat to public health, safety and welfare because, without the urgency ordinance codified in this chapter, smart meters or supporting equipment will be installed or constructed or modified in the City without PG&E’s complying with the CPUC process for consultation with the local jurisdiction, the City’s Code requirements, and subjecting residents of Sebastopol to the privacy, security, health, accuracy and consumer fraud risks of the unproven smart meter technology.
N. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption and implementation of the ordinance codified in this chapter may have a significant effect on the environment. This chapter does not authorize construction or installation of any facilities and, in fact, imposes greater restrictions on such construction and installation in order to protect the public health, safety and general welfare. This chapter is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
8.58.030 Moratorium on the installation of smart meters and related equipment.
A. Moratorium on the Installation of Smart Meters and Related Equipment within the City of Sebastopol or in, along, across, upon, under and over the Public Streets and Places within the City of Sebastopol.
1. No smart meter may be installed in or on any home, apartment, condominium, business, or any City property in the City of Sebastopol, and no equipment related to smart meters may be installed in, on, under, or above any public street or public right-of-way in the City until such time as the California Public Utilities Commission (CPUC) completes its Phase 2 hearings on community opt-out, at which time the Sebastopol City Council shall consider whether to extend or terminate this prohibition in light of the then-current data on smart meter privacy, safety, accuracy and health effects.
2. Violations of this moratorium may be charged as infractions or misdemeanors as set forth in SMC 1.04.010, Penalties:
Except where specifically provided, any person violating any of the provisions of the Municipal Code shall be deemed guilty of an infraction and any person violating the same section or portion of an ordinance on a second or subsequent occasion shall thereafter be deemed guilty of an infraction, and any person violating the same section or portion of an ordinance on a third or subsequent occasion shall thereafter be deemed guilty of a misdemeanor and upon conviction of either an infraction or a misdemeanor shall be punishable as provided by law. Fines shall be set by bail schedule.
In addition, violations shall be deemed public nuisances, with enforcement by injunction or any other remedy authorized by law.
3. The Sebastopol City Manager is hereby authorized to direct all City departments to facilitate compliance with the purpose and intent of this chapter using the enforcement powers described in subsection (A)(2) of this section.
4. The City of Sebastopol requires that all further deployment is stayed until the California Public Utilities Commission (CPUC) completes its Phase 2 hearings on community opt-out and the City of Sebastopol City Council makes their decision and actions based upon the outcome of the CPUC hearings.
8.58.040 Immediate threat to health, safety and welfare.
Based on the findings and conditions set forth and described in SMC 8.58.020, the City Council of the City of Sebastopol finds and determines that
(A) there is a current and immediate threat to the public health, safety and welfare;
(B) the moratorium must be imposed in order to protect and preserve the public interest, health, safety, comfort, convenience and to preserve the public welfare; and
(C) it is necessary to preserve the public health and safety of all residents or landowners adjacent to such users as are affected by this urgency ordinance as well as to protect all citizens of the City of Sebastopol by preserving and improving the aesthetic and economic condition of the City.
The City Council declares this chapter is necessary as an urgency measure and is necessary to address existing threats to the public health, peace, property, safety and general welfare of this community and urgency for its adoption are set forth in the findings stated above.
8.58.050 Conflicting laws.
During the continuation of the effectiveness of this chapter, the provisions of this chapter shall govern. If there is any conflict between the provisions of this chapter and any provision of the Sebastopol City Code, or any City ordinance, resolution or policy, the provisions of this chapter shall control.
The ordinance codified in this chapter, being adopted as an urgency measure for the immediate protection of the public safety, health, and general welfare and containing a declaration of the facts constituting the urgency, upon passage by a minimum four-fifths vote of the City Council, shall take effect immediately upon its adoption and shall continue in effect until modified or rescinded.
Copies of the ordinance codified in this chapter shall, within 15 days after its passage and adoption, be posted in three public places in the City of Sebastopol: (A) City Hall bulletin board; (B) Sonoma West Times and News; (C) Sebastopol library bulletin board.
“Telecommunications facility” means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting said equipment, equipment buildings, parking areas, and other accessory development. It does not include facilities staffed with other than occasional maintenance and installation personnel, minor antennas meeting the requirements of SMC 17.100.020 through 17.100.060, vehicle or other outdoor storage yards, offices, or broadcast studios other than those designed for emergency use.
“Telecommunications facility – major” means telecommunications facilities 35 to 100 feet in height and that adhere to SMC 17.100.010 to 17.100.230.
“Telecommunications facility – minor” means telecommunications facilities no greater than 35 feet in height and that adhere to** SMC 17.100.010 through 17.100.240**. If a facility does not meet these criteria then it is considered a “major” telecommunications facility.
“Telecommunications facility – co-located” means a telecommunications facility comprised of a single telecommunications tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.
“Telecommunications facility – commercial” means a telecommunications facility that is operated primarily for a business purpose or purposes.
“Telecommunications facility – multiple user” means a telecommunications facility comprised of multiple telecommunications towers or buildings supporting one or more antennas owned or used by more than one public or private entity.
“Telecommunications facility – noncommercial” means a telecommunications facility that is operated solely for a nonbusiness purpose.
“Telecommunications tower” means a mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other structure designed and primarily used to support antennas. A ground- or building-mounted mast less than 13 feet tall and six inches in diameter supporting a single antenna shall not be considered a telecommunications tower.
GENERAL PROVISIONS RELATING TO TELECOMMUNICATIONS FACILITIES AND MINOR ANTENNAS
- § 17.100.010 Purpose – Applicability.
- § 17.100.020 General provisions.
- § 17.100.030 Minor antennas – Basic requirements.
- § 17.100.040 Minor antennas – Satellite dishes.
- § 17.100.050 Minor antennas – Panel antennas.
- § 17.100.060 Other minor antennas.
- § 17.100.070 Telecommunications facilities – Minimum application requirements.
- § 17.100.080 Telecommunications facilities – Standard agreements required.
- § 17.100.090 Telecommunications facilities – Life of permits.
- § 17.100.100 Telecommunications facilities – Structural requirements.
- § 17.100.110 Telecommunications facilities – Basic tower and building design.
- § 17.100.120 Telecommunications facilities – Critical disaster response facilities.
- § 17.100.130 Telecommunications facilities – Location.
- § 17.100.140 Telecommunications facilities – Height determination.
- § 17.100.150 Telecommunications facilities – Co-located and multiple-user facilities.
- § 17.100.160 Telecommunications facilities – Lighting.
- § 17.100.170 Telecommunications facilities – Roads and parking.
- § 17.100.180 Telecommunications facilities – Vegetation protection and facility screening.
- § 17.100.190 Telecommunications facilities – Fire prevention.
- § 17.100.200 Telecommunications facilities – Environmental resource protection.
- § 17.100.210 Telecommunications – Noise and traffic.
- § 17.100.220 Telecommunications facilities – Visual compatibility.
- § 17.100.230 Telecommunications facilities – NIER exposure.
- § 17.100.240 Telecommunications facilities – Minor facilities.
- § 17.100.250 Telecommunications facilities – Exceptions.
- § 17.100.260 Telecommunications facilities – Public notice.
§ 17.100.010 Purpose – Applicability.
The purpose and intent of this chapter is to provide a uniform and comprehensive set of standards for the development of telecommunications facilities and installation of minor antennas. The regulations contained herein are designed to protect and promote public health, safety, and community welfare while at the same time not unduly restricting the development of needed telecommunications facilities and important amateur radio installations. They have been also developed to further the policies of the Sebastopol General Plan.
It is furthermore intended that these regulations specifically accomplish the following:
A. Protect the visual character of the City from the potential adverse effects of telecommunications facility development and minor antenna installation;
B. Protect the inhabitants of the City from the possible adverse health effects associated with exposure to high levels of NIER (nonionizing electromagnetic radiation);
C. Protect the environmental resources of the City;
D. Create telecommunications facilities that will serve as an important and effective part of the City’s emergency response network;
E. Any antenna and its associated support structure installed for the sole use of Federally licensed amateur radio operators in the Amateur Radio Service shall not, by definition, be considered telecommunications facilities and shall be exempt from any other antenna or telecommunications facility ordinances enacted by the City, and shall be regulated solely by the following; and
F. Simplify and shorten the process for obtaining necessary permits for telecommunications facilities while at the same time protecting the legitimate interests of the City’s citizens. (Ord. 1103 (Exh. A), 2017)
§ 17.100.020 General provisions.
The following requirements shall be met for all telecommunications facilities and minor antennas in any zoning district:
A. Any applicable General Plan policies, specific plan, area plan, local area development guidelines, and the permit requirements of any agencies which have jurisdiction over the project;
B. The other chapters of this title that are not superseded by the requirements contained in this chapter;
C. The Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and fire safety standards, where applicable;
D. Any applicable Airport Land Use Commission regulations and Federal Aviation Administration regulations;
E. Any applicable easements or similar restrictions on the subject property, including neighborhood, community, or homeowners’ association standards;
F. Telecommunications facilities and minor antennas cannot be located in any required yard setback area of the zoning district in which it is located;
G. All setbacks shall be measured from the base of the tower or structure closest to the applicable line or structure;
H. Comply at all times with all FCC rules, regulations, and standards, including any requirement that minor antennas and telecommunications facilities do not cause interference with other communication facilities and devices, such as telephones, television sets, radios, etc.;
I. Maintain in place a security program when determined necessary by the Police Chief that will prevent unauthorized access and vandalism; and
J. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(B))
§ 17.100.030 Minor antennas – Basic requirements.
Minor antennas as defined in SMC 17.08.030 may be installed, erected, maintained and/or operated in any zoning district where such antennas are permitted under this title as long as all the following conditions are met:
A. The minor antenna use involved is accessory to the primary use of the property which is not a telecommunications facility;
B. No more than a total of six antennas, satellite dishes no greater than 10 feet in diameter, panel antennas with up to three panels, or combination thereof, are allowed on the parcel;
C. The combined NIER levels produced by all the antennas present on the parcel does not exceed the NIER standard established in SMC 17.100.230;
D. The antenna is not situated between the primary building on the parcel and any public or private street adjoining the parcel;
E. The antenna is located outside all yard and street setbacks specified in the zoning district in which the antenna is to be located and no closer than 20 feet to any property line, except if mounted on a primary structure;
F. None of the guy wires employed are anchored within the area in front of the primary structure on the parcel;
G. No portion of the antenna array extends beyond the property lines or into the area in front of the primary building on the parcel;
H. At least 10 feet of horizontal clearance exists between the antenna and any power lines, unless more clearance is required to meet PUC standards. The more stringent standard shall apply;
I. All towers, masts and booms are made of a noncombustible material and all hardware such as brackets, turnbuckles, clips, and similar type equipment subject to rust or corrosion has been protected either by galvanizing or sheradizing after forming;
J. The materials employed are not unnecessarily bright, shiny or reflective and are of a color and type that blends with the surroundings to the greatest extent possible;
K. The installation is in compliance with the manufacturer’s structural specifications and the requirements of the Uniform Building Code including Section 507, Exceptions Table SD, Table 23-24 and Section 3602;
L. The height of the facility shall include the height of any structure upon which it is placed, except if a specific exception is provided for under this chapter;
M. All towers in excess of 10 feet shall be within a fenced yard or be anti-climbing equipped under OSHA regulations;
N. The general criteria set forth in SMC 17.100.010 are met;
O. The following minor antennas are exempt from SMC 17.100.040 through 17.100.060 and are permitted uses in the zoning districts indicated below:
A ground- or building-mounted receive-only satellite dish that is 3.28 feet or less in diameter in any area regardless of land use or zoning category;
A ground- or building-mounted receive or transmission satellite dish that is 6.56 feet or less in diameter in areas with commercial or industrial zoning;
An antenna that is designed to receive television broadcast signals when not located within public view in any area regardless of land use or zoning category. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(C))
§ 17.100.040 Minor antennas – Satellite dishes.
A. Ground- and building-mounted satellite dishes may be installed, erected, maintained, and/or operated in any zoning district where minor antennas, as defined in Chapter 17.08 SMC, are permitted so long as all the following conditions are met:
The minimum standards specified in SMC 17.100.020 are complied with;
No more than two satellite dishes are allowed on the parcel, one of which may be over 3.28 feet in diameter, but no larger than 10 feet in diameter;
Any roof-mounted satellite dish larger than two feet in diameter is located in back of, and does not extend above, the peak of the roof;
Any ground-mounted satellite dish with a diameter greater than four feet that is situated less than five times its actual diameter from adjoining property lines has screening treatments located along the antenna’s nonreception window axes and low-level landscape treatments along its reception window axes; and
For any roof- or mast-mounted satellite dish larger than 3.28 feet in diameter, a building permit has been obtained and compliance with the standards listed in Sections 613.0 and 615.0 of the BOCA Basic Building Code has been demonstrated to the satisfaction of the Building Official.
B. No person shall place a satellite dish larger than 6.56 feet in diameter on private property without first submitting sufficient information to the Planning Director, including but not limited to a site plan and elevations, to determine compliance with this section and SMC 17.100.010 and 17.100.020. The Planning Director may approve, disapprove or modify the proposed placement. In addition, he/she may require that the satellite dish be of a specific diameter, color, or type of construction. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(D))
§ 17.100.050 Minor antennas – Panel antennas.
Ground- and building-mounted panel antennas, as defined in SMC 17.08.030, may be installed, erected, maintained, and/or operated in any zoning district where minor antennas are permitted so long as all the following conditions are met:
A. The minimum standards specified in SMC 17.100.020 are complied with;
B. No more than one panel antenna with up to three panels is present on the parcel;
C. Any roof-mounted panel antenna with a face area greater than 3.5 square feet for each panel is located behind, and does not extend above, the peak of the roof nearest the closest inhabited area off site, or public road, if there is one. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(E))
§ 17.100.060 Other minor antennas.
Ground- and building-mounted radio and receive-only television antennas may be installed, erected, maintained, and/or operated in any zoning district where minor antennas are permitted under this title so long as all the following conditions are met:
A. The minimum standards specified in SMC 17.100.020 are complied with;
B. No boom or any active element of the antenna is longer than 15 feet;
C. Any wire antenna that is not self-supporting is supported by objects within the property lines but not within the area in front of the primary structure on the property. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(F))
§ 17.100.070 Telecommunications facilities – Minimum application requirements.
The following are the minimum criteria applicable to all telecommunications facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this chapter, or other conditions of approval may also be necessary. All telecommunications facilities shall comply with:
A. The Planning Director shall establish and maintain a list of information that must accompany every application for the installation of a telecommunications facility. Said information may include, but shall not be limited to, completed supplemental project information forms, a specific maximum requested gross cross-sectional area, or silhouette, of the facility; service area maps, network maps, alternative site analysis, visual impact demonstrations including mock-ups and/or photo-montages, facility design alternatives to the proposal, visual impact analysis, NIER (nonionizing electromagnetic radiation) exposure studies, title reports identifying legal access, security programs, lists of other nearby telecommunications facilities, and deposits for peer review. The Planning Director may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted; and
B. The Planning Director is explicitly authorized at his/her discretion to employ on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(G))
§ 17.100.080 Telecommunications facilities – Standard agreements required.
A. A maintenance/facility removal agreement signed by the applicant shall be submitted to the Planning Director prior to approval of the use permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility which includes a telecommunications tower, one or more new buildings/equipment enclosures larger in aggregate than 300 square feet, more than three satellite dishes of any size, or an applicant’s successors-in-interest to properly maintain the exterior appearance and ultimately remove the facility, all in compliance with the provisions of this chapter and any conditions of approval. It shall further bind them to pay all costs for monitoring compliance with and enforcement of the agreement and to reimburse the City for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the City and/or its agents to enter onto the property and undertake said work so long as:
- The Planning Director has first provided the applicant the following written notices:
a. An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least 45 calendar days to complete it; and
b. A follow-up notice of default specifying the applicant’s failure to comply with the work within the time period specified and indicating the City’s intent to commence the required work within 10 working days;
- The applicant has not filed an appeal pursuant to Chapter 17.320 SMC within 10 working days of the notice required under subsection (A)(1)(b) of this section. If an appeal is filed, the City shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on it taken in favor of the Planning Director.
B. All costs incurred by the City to undertake any work required to be performed by the applicant pursuant to the agreement referred to in subsection A of this section including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit within 10 working days of written request therefor such costs as the City reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional monies shall be deposited as needed within 10 working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunications facility involved if the applicant fails to pay the monies demanded within 10 working days. It shall further require that operation remain suspended until such costs are paid in full. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(H))
§ 17.100.090 Telecommunications facilities – Life of permits.
A. A use permit issued pursuant to this chapter or a site plan approval issued pursuant to Chapters 17.250 and 17.260 SMC authorizing establishment of a telecommunications facility must be renewed every 10 years via the site plan approval process specified in Chapter 17.250 SMC. The grounds for nonrenewal shall be limited to a finding that:
The use involved is no longer allowed in the zoning district involved;
The facility fails to comply with the relevant requirements of this chapter as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the Planning Director that the facility will be brought into compliance within 120 days;
The permittee has failed to comply with the conditions of approval imposed;
The facility has not been properly maintained; or
The facility has not been upgraded to minimize its impact to the greatest extent permitted by the technology that exists at the time of renewal and is consistent with the provisions of universal service at affordable rates.
The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above do in fact exist or that the notice required under SMC 17.100.260 was not provided.
B. If a use permit or other entitlement for use is not renewed, it shall automatically become null and void without notice or hearing 10 years after it is issued or upon cessation of use for more than a year and a day, whichever comes first. Unless a new use permit or entitlement of use is issued within 120 days thereafter, all improvements installed including their foundations down to three feet shall be removed from the property and the site restored to its natural pre-construction state within 180 days of nonrenewal or abandonment. Any access road installed shall also be removed and the ground returned to its natural condition unless the property owner establishes to the satisfaction of the Planning Director that these sections of road are necessary to serve some other allowed use of the property that is currently present or to provide access to adjoining parcels. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(I))
§ 17.100.100 Telecommunications facilities – Structural requirements.
No telecommunications facility shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. To this end, any telecommunications tower shall be designed and maintained to withstand without failure the maximum forces expected from wind, earthquakes, and ice when the tower is fully loaded with antennas, transmitters and other equipment, and camouflaging. Initial demonstration of compliance with this requirement shall be provided via submission of a report to the Building Official prepared by a structural engineer licensed by the State of California describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed. Proof of ongoing compliance shall be provided via submission to the Planning Director at least every five (self-supporting and guyed towers)/10 (monopoles) years of an inspection report prepared by a California-licensed structural engineer indicating the number and types of antennas and related equipment actually present and indicating the structural integrity of the tower. Based on this report, the Building Official may require repair of or, if a serious safety problem exists, removal of the tower. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(J))
§ 17.100.110 Telecommunications facilities – Basic tower and building design.
All telecommunications facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented:
A. Telecommunications towers shall be constructed out of metal or other nonflammable material;
B. Telecommunications towers taller than 35 feet shall be monopoles or guyed/lattice towers except where satisfactory evidence is submitted to the Planning Director or Planning Commission, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunications use to minimize the need for screening from adjacent properties, or to reduce the potential for bird strikes;
C. Telecommunications towers shall not exceed 100 feet in height unless the following findings are made by the Planning Commission: that it is not technically feasible to have a tower below this height at the requested location, that alternative locations which would not require a tower height in excess of the standard given above are not available or feasible, that the facility blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable, and that the requirements of SMC 17.100.010 through 17.100.230 are met;
D. Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence is acceptable to the Planning Director or Planning Commission, as appropriate, is submitted showing that this is infeasible;
E. Telecommunications support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of nonreflective materials (visible exterior surfaces only);
F. Telecommunications support facilities shall be no taller than one story (15 feet) in height and shall be treated to look like a building or facility typically found in the area;
G. Telecommunications support facilities in areas of high visibility shall where possible be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) or other mitigation measures to minimize their profile;
H. All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a “flat” paint, if it is determined by the decision-making body that the native coloring of the facility does not provide adequate blending with the surrounding environment. The color selected shall be one that, in the opinion of the Planning Director or Planning Commission, after receiving a Design Review Board recommendation, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands and adjacent structures, when present, shall be painted colors matching these landscapes and structures, while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location; and
I. The project description and permit shall include a specific maximum allowable gross cross-sectional area, or silhouette, of the facility. The silhouette shall be measured from the “worst case” elevation perspective. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(K))
§ 17.100.120 Telecommunications facilities – Critical disaster response facilities.
A. All radio, television and voice communication facilities providing service to government or the general public shall be designed to survive a natural disaster without interruption in operation. To this end all the following measures shall be implemented:
Nonflammable exterior wall and roof covering shall be used in the construction of all buildings;
Openings in all buildings shall be protected against penetration by fire and windblown embers;
The telecommunications tower when fully loaded with antennas, transmitters, and other equipment and camouflaging shall be designed to withstand the forces expected during the “maximum credible earthquake.” All equipment mounting racks and equipment used shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it;
All connections between various components of the facility and with necessary power and telephone lines shall be protected against damage by wildfire, flooding, and earthquake; and
Measures shall be taken to ensure that the facility is operational in the event of a disaster or power loss.
B. Demonstration of compliance with the requirements of subsections (A)(1), (2), (4) and (5) (fire only) of this section shall be evidenced by a certification signed by the Fire Chief on the building plans submitted.
C. Demonstration of compliance with the requirements of subsections (A)(3) through (5) (earthquake only) of this section shall be provided via a second certification on said plans signed by a structural engineer or other appropriate professional licensed by the State of California. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(L))
§ 17.100.130 Telecommunications facilities – Location.
All telecommunications facilities shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented:
A. No telecommunications facility shall be installed within the safety zone of any airport or helipad unless the operator indicates that it will not adversely affect the operation of the airport;
B. No telecommunications facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless technical evidence acceptable to the Planning Director or Planning Commission, as appropriate, is submitted showing that this is the only technically feasible location for this facility;
C. No telecommunications facility shall be installed on an exposed ridgeline, in or at a location readily visible from a public trail, public park or other outdoor recreation area, or on property designated with a W (Wetland) or ESOS (Environmental and Scenic Open Space Combining District), unless the Planning Commission makes a finding upon issuance of the use permit that it blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable and that no other location is technically feasible;
D. No telecommunications facility that is readily visible from off site shall be installed closer than one-quarter mile from another readily visible uncamouflaged or unscreened telecommunications facility unless it is a co-located facility, situated on a multiple-user site, or blends with the surrounding existing natural and manmade environment in such a manner as to be effectively unnoticeable;
E. No telecommunications facility that is readily visible from off site shall be installed on a site that is not already developed with telecommunications facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and manmade environment acceptable to the Planning Director or Planning Commission, as appropriate, and information is submitted showing a clear need for this facility and the infeasibility of co-locating it on one of these former sites; and
F. Telecommunications towers shall be set back at least 20 percent of the tower height from all property lines and at least 100 feet from any public trail, park, Laguna buffer setback, or property line. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(M))
§ 17.100.140 Telecommunications facilities – Height determination.
Telecommunications tower shall be measured from the natural undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(N))
§ 17.100.150 Telecommunications facilities – Co-located and multiple-user facilities.
A. An analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision-making body, which identifies all reasonable, technically feasible, alternative locations and/or facilities which would provide the proposed telecommunications service. The intention of the alternatives analysis is to present alternative strategies which would minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the subject area. The analysis shall address the potential for co-location at an existing or a new site and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the decision-making body making a finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site. The City may require independent verification of this analysis at the applicant’s expense. Facilities which are not proposed to be co-located with another telecommunications facility shall provide a written explanation why the subject facility is not a candidate for co-location.
B. All co-located and multiple-user telecommunications facilities shall be designed to promote facility and site sharing. To this end telecommunications towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities and equipment buildings shall be shared by site users when in the determination of the Planning Director or Planning Commission, as appropriate, this will minimize overall visual impact to the community.
C. The facility shall make available unutilized space for co-location of other telecommunications facilities, including space for these entities providing similar, competing services. A good faith effort in achieving co-location shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing and copies shall be provided to the City’s permit files. Unresolved disputes may be mediated by the Planning Commission. Co-location is not required in cases where the addition of the new service or facilities would cause interference of the host’s signal or if it became necessary for the host to go off-line for a significant period of time. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(O))
§ 17.100.160 Telecommunications facilities – Lighting.
A. All telecommunications facilities shall be unlit except for the following:
A manually operated or motion-detector-controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night; and
The minimum tower lighting required under FAA regulation; and
B. Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby residences. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(P))
§ 17.100.170 Telecommunications facilities – Roads and parking.
All telecommunications facilities shall be served by the minimum roads and parking areas necessary. To this end all the following measures shall be implemented:
A. Existing roads shall be used for access, whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the Fire Chief and City Engineer. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunications facilities and/or other permitted uses. In addition, they shall meet the width and structural requirements of the Fire Chief and City Engineer;
B. Existing parking areas shall, whenever possible, be used; and
C. Any new parking areas constructed shall be no larger than 350 square feet. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(Q))
§ 17.100.180 Telecommunications facilities – Vegetation protection and facility screening.
All telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility, where necessary. To this end all of the following measures shall be implemented:
A. A landscape plan shall be submitted with project application submittal indicating all existing vegetation that is to be retained on the site and any additional vegetation that is needed to satisfactorily screen the facility from adjacent land uses and public view areas. The landscape plan shall be in compliance with Chapter 15.36 SMC, Water Efficient Landscape Program, and shall be subject to review and approval of the Design Review Board. All trees protected under Chapter 8.12 SMC, Tree Protection, shall be identified in the landscape plan with indication of species type, diameter at four and one-half feet high, and whether it is to be retained or removed with project development;
B. Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power/telecommunications line routes involved shall be protected from damage, both during the construction period and thereafter. To this end, the following measures shall be implemented:
A tree protection plan shall be submitted with building permit or improvement plan submittal in accordance with Chapter 8.12 SMC, Tree Protection. This plan shall be prepared by a certified arborist and give specific measures to protect trees during project construction;
Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be prohibited in landscaped areas to be protected and the dripline of any trees required to be preserved. Such areas shall be fenced to the satisfaction of the Planning Director or Design Review Board, as appropriate. Trash, debris, or spoils shall not be placed within these fences nor shall the fences henceforth be opened or moved until the project is complete and written approval to take the fences down has been received from the Planning Director; and
All underground lines shall be routed such that a minimum amount of damage is done to tree root systems;
C. All areas disturbed during project construction other than the access road and parking areas required under SMC 17.100.170 shall be replanted with vegetation compatible with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the circumstances) to the satisfaction of the Planning Director;
D. Any existing trees or significant vegetation that die subsequent to installation of a tower shall be replaced with native trees and vegetation of a size and species acceptable to the Planning Director and City Arborist; and
E. No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunications lines serving it. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(R))
§ 17.100.190 Telecommunications facilities – Fire prevention.
A. All telecommunications facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a fire or intensifying one that otherwise occurs. To this end all of the following measures shall be implemented:
At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings;
Monitored automatic fire extinguishing systems approved by the Fire Chief shall be installed in all equipment buildings and enclosures;
Rapid entry (KNOX) systems shall be installed as required by the Fire Chief;
Type and location of vegetation and other materials within 10 feet of the facility and all new structures, including telecommunications towers, shall have review for fire safety purposes by the Fire Chief. Requirements established by the Fire Chief shall be followed; and
All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit finalization or commencement of operation, whichever comes first; and
B. Demonstration of compliance with requirements in subsections (A)(1) through (4) of this section shall be evidenced by a certificate signed by the Fire Chief on the building plans submitted. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(S))
§ 17.100.200 Telecommunications facilities – Environmental resource protection.
All telecommunications facilities shall be sited so as to minimize the effect on environmental resources. To that end the following measures shall be implemented:
A. No telecommunications facility or related improvements including but not limited to access roads and power lines shall be sited so as to create a significant threat to the health or survival of rare, threatened or endangered plant or animal species;
B. No telecommunications facility or related improvements shall be sited such that their construction will damage an archaeological site or have an adverse effect on the historic character of a historic feature or site;
C. No telecommunications facility shall be sited such that its presence threatens the health or safety of migratory birds;
D. The facility installation shall comply with the policies contained with the Laguna de Santa Rosa Master Plan as contained within the Sebastopol General Plan pertaining to buffer setbacks from the Laguna, biotic resource protection and visual impact;
E. The facility shall comply with Chapter 15.16 SMC, Flood Damage Prevention;
F. Potential adverse visual impacts which might result from project related grading or road construction shall be minimized;
G. Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized; and
H. Drainage, erosion, and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways. Structures and roads on slopes of 10 percent or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading or construction near a waterway or on lands with slopes over 10 percent. Natural vegetation and topography shall be retained to the extent feasible. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(T))
§ 17.100.210 Telecommunications – Noise and traffic.
All telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused the residents of nearby homes and the users of nearby recreational areas such as public parks and trails. To that end all the following measures shall be implemented:
A. Outdoor noise producing construction activities shall only take place on weekdays (Monday through Friday) between the hours of 7:30 a.m. and 5:30 p.m. unless allowed at other times by the Planning Commission;
B. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Noise attenuation measures shall be included to reduce noise levels to an exterior noise level of at least an Ldn of 60 dB at the property line and an interior noise level of an Ldn of 45 dB;
Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.; and
C. Traffic at all times shall be kept to an absolute minimum, but in no case more than two round trips per day on an average annualized basis once construction is complete. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(U))
§ 17.100.220 Telecommunications facilities – Visual compatibility.
A. Facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunications service and to be compatible with neighboring residences and the character of the community;
B. The facility is designed to blend with any existing supporting structure and does not substantially alter the character of the structure or local area;
C. Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner; and
D. A visual analysis, which may include photo montage, field mock-up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility to the satisfaction of the Planning Director. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunications facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunications service. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(V))
§ 17.100.230 Telecommunications facilities – NIER exposure.
A. Telecommunications facility shall not be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunications facility or combination of facilities shall produce at any time power densities in any inhabited area as this term is defined in Chapter 17.08 SMC that exceed the FCC adopted NIER standard for human exposure, as amended from time to time.
B. Initial compliance with this requirement shall be demonstrated for any facility within 400 feet of residential uses or sensitive receptors such as schools, churches, hospitals, etc., and all broadcast radio and television facilities, regardless of adjacent land uses, through submission, at the time of application for the necessary permit or entitlement, of NIER (nonionizing electromagnetic radiation) calculations specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed 80 percent of the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the State of California to measure NIER levels at said location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the Planning Director. Said facility shall not commence normal operations until it complies with, or has been modified to comply with, this standard. Proof of said compliance shall be a certification provided by the engineer who prepared the original report. In order to assure the objectivity of the analysis, the City may require, at the applicant’s expense, independent verification of the results of the analysis.
C. Every telecommunications facility within 400 feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every five years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the Planning Director. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited areas where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed 80 percent of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the State of California to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author’s/engineer’s findings with respect to compliance with the current NIER standard shall be submitted to the Planning Director within five years of facility approval and every five years thereafter. In the case of a change in the standard, the required report shall be submitted within 90 days of the date said change becomes effective.
D. Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the use permit or other entitlement use. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(W))
§ 17.100.240 Telecommunications facilities – Minor facilities.
Minor telecommunications facilities as defined in Chapter 17.08 SMC may be installed, erected, maintained and/or operated in any zoning district where such facilities are permitted under this title so long as all the following conditions are met:
A. The facility complies with all of the minimum requirements specified in SMC 17.100.010 through 17.100.230 except as changed below:
B. The facility use involved is accessory to the primary use of the property which is not a telecommunications facility;
C. The facility does not exceed 35 feet in height;
D. No more than six minor antennas, satellite dishes no greater than 10 feet or less in diameter, panel antennas, or combination thereof, are allowed on the parcel;
E. No more than a single telecommunications tower and one related equipment building/structure is allowed on the parcel;
F. The combined NIER levels produced by all the telecommunications facilities and minor antennas present on the parcel are less than 10 percent of the NIER standard established in SMC 17.100.230;
G. The facility is located at least 75 feet away from any residential dwelling unit, except for one single-family residence on the property in which the facility is located;
H. The facility is located outside all yard and street setbacks specified in the zoning district regulations in which the facility is located and no closer than 20 feet to any property line;
I. Traffic at all times shall be kept to an absolute minimum, but in no case more than one round trip per day on an average annualized basis once construction is complete;
J. No native trees 20 inches or larger in diameter measured at four and one-half feet high on the tree would have to be removed;
K. Any new building(s) shall be effectively screened from view from off site;
L. The site has an average cross slope of 10 percent or less;
M. The total silhouette of a tower shall not exceed 80 square feet in area; and
N. All utility lines to the facility from public or private streets shall be undergrounded.
The Planning Director may deny a site plan permit for a minor telecommunications facility that meets all of the above standards if he/she determines, in his/her sole discretion, that the public interest would be furthered by having the Planning Commission review this matter. In that case and the case of any proposed facility that fails to meet one or more of the standards listed above, a use permit approved by the Planning Commission shall be required to construct the facility in question. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(X))
§ 17.100.250 Telecommunications facilities – Exceptions.
A. Exceptions to the requirements specified in SMC 17.100.010 through 17.100.210 may be granted through issuance of a use permit by the Planning Commission. Such a permit may only be approved if the Planning Commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.
B. An exception to the requirements of SMC 17.100.160 and 17.100.180 may only be granted upon written concurrence by the Fire Chief.
C. Tower setback requirements may be waived under any of the following circumstances:
The facility is proposed to be co-located onto an existing, legally established telecommunications tower; and
Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(Y))
§ 17.100.260 Telecommunications facilities – Public notice.
In addition to the public notice required under Chapter 17.330 SMC the following special noticing shall be provided:
A. Notice of a public hearing on a use permit authorizing the establishment or modification of a telecommunications facility shall be provided to the operators of all telecommunications facilities within one mile of the subject parcel via mailing of the standard legal notice prepared in response to Chapter 17.330 SMC; and
B. Notice of the approval of a site plan by the Planning Director authorizing the establishment or modification of, or the renewal of a permit for, a telecommunications facility or minor antenna needing site plan review shall be mailed to all adjacent property owners within 300 feet. Mailing of said notice shall start an appeal period pursuant to Chapter 17.320 SMC. (Ord. 1103 (Exh. A), 2017. Formerly 17.100.010(Z))