§ 23.08.284. Communication Facilities.
The requirements of this section apply to Communication Facilities (where designated as S-13 uses by Coastal Table O, Part 1 of the Land Use Element and defined in Chapter 6, Section D) in addition to all applicable permit requirements and standards of the Federal Communications Commission (FCC) and any other applicable federal or state statutes or regulations. Communication Facilities in the Residential Suburban, Single and Multi-Family land use categories shall be limited to those facilities specified in subsection b.
a.
Permit requirements.
(1)
In addition to the emergency repair and the general permit requirements of sections 23.08.286a. and b., Development Plan approval is required for any new facility or modification of any existing facility which would increase the power output or the power received, or the structure heights above those specified in Section 23.04.120-24, or modify any operational standards causing a change in exterior noise, vibrations, air quality, water quality or storage and use of toxic and hazardous materials as specified in Chapter 23.06 of this title.
(2)
The application for a land use permit shall contain estimates of the non-ionizing radiation generated by the facility and/or received by the facility. These shall include estimates of the maximum electric and magnetic field strengths at the edge of the facility site, the extent that measurable fields extend in all directions from the facility.
b.
Wireless Communication Facilities.
(1)
Permit Requirement.
(i)
Minor Use Permit.
(a)
Existing Structures. Installation proposed on existing structures (buildings, water tanks, signs etc.), existing electric transmission towers, or any other applicable existing structure.
(b)
Co-location. Wireless communication system antenna or other similar equipment that share locations with their own or other carriers' antennas either on existing monopoles, existing structures [buildings, water tanks, signs etc.], existing electric transmission towers, existing lattice towers or any other existing structures).
(ii)
Development Plan. Required for any wireless communication antenna or other similar equipment not meeting subsection (i).
(2)
Application contents. In addition to all information required by Chapter 23.02 of this title, and Section 23.08.286b(3), the applicant shall submit the following information:
(i)
Information on the proposed rights-of-way, including width, ownership, present land use, slope, soils and vegetation, types of sizes of towers or other structures to be used, proposed screening or other method of finishing so as to be unobtrusive to the neighborhood in which it is located.
(ii)
Estimates of the maximum electric and magnetic field strengths at the edge of the facility site and the extent that measurable fields extend in all directions from the facility.
(iii)
If co-location is not proposed, the applicant shall provide information pertaining to the feasibility of joint-use antenna facilities, and discuss the reasons why such joint use is not a viable option or alternative to a new facility site. Such information shall include:
(a)
Whether it is feasible to locate proposed sites where facilities currently exist.
(b)
Information on the existing structure which is closest to the site of the applicant's proposed tower relative to the existing structure's structural capacity, radio frequency interference, or incompatibility of different technologies, which would include mechanical or electrical incompatibilities.
(c)
Written notification of refusal of the existing structure owner to lease space on the structure.
(iv)
A written report and map indicating all locations in the vicinity of the proposed project site where:
(a)
the location and height meet the minimum coverage requirements for the applicant's network;
(b)
a lease with the property owner can be obtained; and
(c)
the property is feasible for construction of a wireless communication facility shall be provided, in addition to visual simulations of the preferred location from major public view corridors. In instances where the wireless communication facility may impact views to and along the ocean or public view corridors, or is located on a ridgeline, a designated historic site or structure, or within a historic district, a detailed visual analysis of the facility shall be submitted (this shall include but, may not be limited to, a thorough evaluation of all alternative sites and facility design that would avoid, or minimize the maximum extent feasible, impacts to views to and along the ocean and visibility form major public view corridors). A visual simulation can consist of either a physical mock-up of the facility, balloon simulation, computer stimulation or other means.
(v)
Wireless communication projects located on privately-owned land within the Open Space land use category shall provide evidence of a recorded open space agreement for the parcel in questions, executed between the property owner and the County (if the property is not already subject to such an agreement).
(3)
Development standards. The following standards apply to the development of proposed wireless communication system antenna and related facilities in addition to any that may be established during the permit review process.
(i)
Setbacks. As set forth in Section 23.04.106 et seq. except where locating the facility outside those setbacks is the most practical and unobtrusive location possible on the proposed site.
(ii)
Co-location. Applicant shall pursue placement of facilities in the following preferential order:
(a)
Side-mount antenna on existing structures (buildings, water tanks, etc.) when integrated into the existing structure, completely hidden from public view or painted and blended to match existing structures; or
(b)
Within existing signs when blended within or on existing signage to be completely hidden from public view; or
(c)
Atop existing structures (buildings, water tanks, etc.) with appropriate visual/architectural screening to be completely hidden from public view; or
(d)
Existing monopoles, existing electric transmission towers, and existing lattice towers; or
(e)
New locations.
(iii)
Signs. No sign of any kind shall be posted or displayed on any antenna structure except for public safety warnings.
(iv)
Site Location. Site location and development of wireless communications facilities, including all support facilities, shall preserve the visual character and aesthetic values of the specific parcel and surrounding land uses and shall not significantly impact public views. Facilities hall be integrated to the maximum extent feasible to the existing characteristics of the site, and shall be sited to protect views to and along the ocean and scenic coastal areas, and to avoid visibility from major public view corridors. Every effort shall be made to avoid, or minimize to the maximum extent feasible, visibility of a communication facility above a ridgeline from major public view corridors. Compliance within this standard may require the consideration of an alternative site other than the site shown on an initial permit application for a wireless facility.
(vi)
Screening. If wireless communication facilities, including all support facilities, cannot be located completely out of major public view corridors and screening with existing vegetation is not feasible, to the maximum extent feasible, antennas and all support facilities shall be screened with new vegetation or landscaping, earthen berms, or disguised to resemble rural, pastoral architecture (ex: windmills, barns, trees) or other features determined to blend with the surrounding area and be finished in a texture and color deemed unobtrusive to the neighborhood in which it is located.
(vii)
Site disturbance. Disturbance of existing topography and on-site vegetation shall be minimized, unless such disturbance would substantially reduce the visual impacts of the facility. In no case shall the installation of a wireless communication facility be allowed where a significant disturbance of Environmentally Sensitive Habitats (ESH) would result.
(viii)
Lighting. Any exterior lighting, except as required for FAA regulations for airport safety, shall be manually operated and used only during night maintenance checks or in emergencies. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled.
(ix)
Support facilities. Support facilities (e.g. equipment rooms, utilities, and equipment enclosures) shall be constructed of non-flammable, non-reflective materials. All support facilities shall be of a color approved by the appropriate Review Authority, and thereafter repainted as necessary with a float paint color. Components of a telecommunication facility which will be viewed against soils, trees, or grasslands, shall be of a color matching these landscapes.
(x)
Historic site. Where the wireless communication facility is proposed to be located on a designated historic structure, landmark, or district, the applicant shall comply with the regulations for development on a historic site pursuant to Section 23.07.102.
(xi)
Availability. All existing facilities shall be available to other carriers as long as structural or technological obstacles do not exist.
(4)
Unused facilities. All obsolete or unused facilities shall be removed within six (6) months of cessation of telecommunication operations at the site.
(i)
Restoration. The site shall be restored to its natural state within six (6) months of termination of abandonment of the site. This shall be subject to a demolition/restoration plan approved by the Director of Planning and Building.
(ii)
Agreement. The applicant shall enter into a site restoration agreement subject to approval of the Director of Planning and Building and County Counsel. As part of the agreement, the applicant shall commit to the following: where future technological advances would allow for reduced visual impacts resulting from the proposed wireless communication facility, the applicant agrees to make those modifications that would reduce the visual impact of the proposed facility without any reduction in service levels.
(5)
Any decision to deny a permit for a personal wireless service facility shall be in writing and must be supported by substantial evidence and shall specifically identify the reasons for the decision, the evidence that led to the decision and the written record of all evidence.
[Added 1992, Ord. 2591; Amended 1999, Ord. 2885]