Contra Costa County Municipal Code Art. 88-24.4 Facility Location, Design, and Operation

(a) Facilities Within a County Right-of-Way.

(1) A new facility may be located within a county right-of-way pursuant to Public Utilities Code section 7901 only under a wireless facility access permit issued by the county under this chapter. A facility located in a county right-of-way may be substantially changed only under a wireless facility access permit issued by the county under this chapter.

(2) In addition to the requirements of this chapter, the requirements of Chapters 1002-4 and 1002-8 apply to the construction of, or substantial change to, a facility under a wireless facility access permit. If there is any conflict between the requirements of this chapter and the requirements of Chapters 1002-4 and 1002-8, the requirements of this chapter will govern. The remaining requirements of Division 1002 do not apply to a wireless facility access permit issued under this chapter.

(b) County-Owned Property. An antenna or facility may be located on county-owned property, or on any county-owned facility, if the applicant satisfies both of the following requirements:

(1) The Applicant Must Obtain a Land Use Permit Under This Chapter. In addition to the information that must be submitted to obtain a land use permit under this chapter, the applicant must provide the county sufficient information to enable the county's chief information officer to determine whether the applicant's antenna or facility will interfere with existing antennas or facilities located on the county-owned property or county-owned facility. A land use permit for a facility on county-owned property or a county-owned facility will include location, operation, and other requirements that the county's chief information officer determines are necessary to prevent the applicant's antenna or facility from interfering with any other antennas or facilities on the county-owned property or the county-owned facility.

(2) The applicant must enter into a lease, license, or other agreement with the county. The county has sole discretion to determine whether to lease, license, or otherwise convey an interest in, any of its property or facilities, and the terms of any lease, license, or other agreement may be more restrictive than the requirements of this chapter.

(Ord. No. 2016-11, § II, 5-24-16)

No new high-visibility facility or new tower may be established in, or within three hundred feet of, any of the following:

(a) A single-family residential (R-), two-family residential (D-1), multiple-family residential (M-), water recreational (F-1), mobile home/manufactured home park (T-1), or Kensington combining (-K) zoning district.

(b) A residential lot within a planned unit (P-1) zoning district.

(Ord. No. 2016-11, § II, 5-24-16)

Except as otherwise specified in Sections 88-24.402 and 88-24.404, the location requirements of this section apply to all facilities in all zoning districts:

(a) Collocation Encouraged. The collocation of facilities with existing or proposed collocation-eligible facilities is encouraged.

(b) Proximity of Towers. No new tower may be located within one thousand feet of an existing tower, unless the zoning administrator finds both of the following:

(1) The cumulative visual and aesthetic impacts of the tower will be less than significant with or without the incorporation of mitigation measures identified during the California Environmental Quality Act environmental review process for the tower.

(2) The existing tower is not a collocation-eligible facility, or collocation is not otherwise possible.

(c) Avoiding Impacts to Ridges, Scenic Ridges, and Peaks.

(1) No facility may be located on a ridge or peak unless the facility is required to close a significant gap in coverage. The zoning administrator will determine whether the facility is required to close a significant gap in coverage based on information provided by the applicant in accordance with subsection 88-24.604(a)(5). If it is feasible to close the significant gap in coverage by collocating a new facility on an existing facility on or near the ridge or peak, the new facility must be collocated. If it is not feasible to close the significant gap in coverage by collocating a new facility on an existing facility on or near the ridge or peak, in its application for a permit under this chapter the applicant must explain why collocation is infeasible.

(2) Notwithstanding anything to the contrary in subsection 88-24.406(c)(1), no facility may be located within fifty horizontal feet of any ridge or peak within the Mount Diablo area, or within fifty horizontal feet of any scenic ridge located in a non-urban area, unless the zoning administrator finds that the facility will not result in significant visual or aesthetic impacts with or without the incorporation of mitigation measures identified during the California Environmental Quality Act environmental review process for the facility. No facility may extend above the height of a ridge or peak within the Mount Diablo area, or above the height of a scenic ridge in a non-urban area, unless the zoning administrator determines that an extension of the facility above the ridge, peak, or scenic ridge will not result in significant visual or aesthetic impacts.

(d) Setback Requirements. A facility that is used for AM, FM, international, or television broadcast service, or that receives television signals for processing and distribution over a cable network (a cable "headend" facility), must meet the setback distance that is the greater of: the setback requirement that applies within the zoning district in which it is located; or a distance equivalent to one hundred ten percent of the height of the facility. All other ground-mounted antenna support structures or towers must meet the setback requirements that apply in the zoning district where the facility is located.

(e) High-Visibility Facilities. A high-visibility facility must be located within the facility site at a location that the zoning administrator finds will have the least visual and aesthetic impacts to the surrounding lots. If a building exists on a lot, no high-visibility facility may be located on the lot between the face of the building and any public street, bikeway, trail, or park.

(Ord. No. 2016-11, § II, 5-24-16)

(a) Except as otherwise specified in subsections (b) through (f), a facility must meet all of the following requirements in order to limit the facility's visual and aesthetic impacts:

(1) A facility must be designed to minimize its visual and aesthetic impacts on, and to blend in with, the surrounding area.

(2) A facility must have a non-reflective finish and be painted and textured to match or blend with the predominant background.

(3) A facility other than a stealth facility, or portion thereof, that is visible against the skyline must be painted light gray, or a similar color approved by the zoning administrator, or camouflaged, and have a reflectivity of less than fifty-five percent, unless the California Public Utilities Commission, Federal Communications Commission, Federal Aviation Administration, or any state or federal law, regulation, or rule requires the facility or antenna to be painted, designed, or marked otherwise.

(b) Design Requirements Applicable to Facilities in Residential Zones. A facility on private property located in a single-family residential (R-), two-family residential (D-1), multiple-family residential (M-), water recreational (F-1), mobile home/manufactured home park (T-1), or Kensington combining (-K) district, or that is located on a residential lot within a planned unit (P-1) zoning district, must be a low-visibility facility.

(c) Design Requirements Applicable to Façade-Mounted Antennas.

(1) Visibility. Except for any portion of a façade-mounted antenna that extends above the roofline and is visible against the skyline, a façade-mounted antenna that is not a stealth antenna must be painted a color that matches or blends with the color of the façade on which it is mounted. Any portion of a façade-mounted antenna, other than a stealth antenna, that extends above the roofline and is visible against the skyline must be painted as described in subsection (a)(3). Any equipment enclosure that serves a façade-mounted antenna must be painted a color that matches the color of the surface on which it is mounted.

(2) Installation. A façade-mounted antenna must be installed at least eight feet above ground level. A façade-mounted antenna must be mounted directly on the exterior lateral face of a building or facility.

(3) Maximum Extension. No façade-mounted antenna may extend more than twenty-four inches from the face of the building or structure on which the antenna is mounted. No façade-mounted antenna may extend beyond the corner or edge of the wall on which it is mounted, except that a façade-mounted antenna may extend above the roofline of the facility.

(d) Design Requirements Applicable to Roof-Mounted Antennas. Any portion of a roof-mounted antenna other than a stealth antenna that is visible against the skyline must be painted in the manner described in subsection (a)(3). Any other portion of a roof-mounted antenna other than a stealth antenna must be painted a color that matches or blends with the color of the primary background against which the roof-mounted antenna is viewed from ground level. Any equipment enclosure that serves a roof-mounted antenna must be painted a color that matches the color of the surface on which it is mounted.

(e) Design Requirements Applicable to Towers. In addition to meeting the requirements in subsection (a), a tower and any equipment enclosure and all ancillary equipment that serve a tower must be screened and surrounded by a fence or wall at least six feet in height. Each door or gate must be lockable. Each fence or wall must have a non-reflective finish and be painted and textured to match or blend with the predominant background color in order to minimize visual and aesthetic impacts.

(f) Requirements Applicable to Facilities Within a County Right-of-Way. In addition to meeting all applicable requirements in subsections (a) through (e), a facility within a county right-of-way must meet the following requirements:

(1) A facility must be designed and located so that it does not impair vehicle circulation or parking within the right-of-way. A facility must not impede or impair vehicle, bicycle, or pedestrian access to or within the right-of-way. If the zoning administrator, in consultation with the public works department, determines that a turnout is necessary to avoid impairing vehicle circulation or parking within the right-of-way, the applicant must construct and maintain the turnout.

(2) A facility must be designed and located as follows:

(A) No more than four antenna enclosures may be located on a single utility pole or streetlight pole in a county right-of-way within or adjacent to a residential zone. No facility may be located on a county traffic signal pole.

(B) An equipment enclosure that serves a facility or antenna must be installed below ground, or must be installed at grade and camouflaged. Each below-ground equipment enclosure must be accessible by a flush-to-grade portal.

(C) No antenna may extend above the height of the pole or facility on which it is mounted by more than ten feet.

(D) No antenna may extend over the vehicular path of travel within the right-of-way.

(E) Any portion of a facility or antenna not extending above the height of the pole or facility on which it is located must be painted to match the color of that pole or facility.

(F) A facility or antenna must incorporate any other reasonable, feasible alteration that the zoning administrator determines is necessary to reduce the visual or aesthetic impacts of the facility or antenna.

(G) Ancillary equipment not enclosed in an equipment enclosure must be installed at a location the zoning administrator determines will minimize visual and aesthetic impacts to the greatest extent feasible.

(3) A facility, an equipment enclosure, and ancillary equipment must be designed and located in a manner that does not violate any accessibility requirements of the Americans with Disabilities Act.

(4) A facility, an equipment enclosure, and ancillary equipment must be designed and located in a manner that does not obstruct the roadway views of vehicles, bicycles, and pedestrians traveling within the County right-of-way, and does not obstruct the visibility of signs located within the right-of-way.

(5) No facility may include any advertising material.

(6) No facility may include any type of lighted signal, lights, or other illumination, except to the extent required under state or federal law.

(7) A facility that will be located on a streetlight pole must be located so that it does not block the required illumination provided by the streetlight.

(Ord. No. 2016-11, § II, 5-24-16)

A facility and every façade-mounted antenna, roof-mounted antenna, and ground-mounted antenna, must include a placard that states the name, phone number, and address of the service provider and permittee, and all safety precautions or other statements required by the California Public Utilities Commission and Federal Communications Commission. The placard must be mounted on or near the facility or antenna at a location that is visible from ground-level. For any facility that is surrounded by a fence or wall, the placard must be mounted on the exterior of the fence or wall.

(Ord. No. 2016-11, § II, 5-24-16)

A facility must meet the following facility safety and security requirements:

(a) All ancillary equipment must be enclosed in an equipment enclosure. The equipment enclosure must be locked at all times, except as otherwise approved by the zoning administrator.

(b) No lights or beacons may be installed on any antenna or antenna support structure, unless lights or beacons are required by a state or federal agency having jurisdiction over the antenna or antenna support structure, such as the California Public Utilities Commission, Federal Communications Commission, or Federal Aviation Administration, or if lights or beacons are recommended by the county airport land use commission.

(c) A ground-mounted facility and every tower must include physical measures designed to prevent climbing by unauthorized persons.

(Ord. No. 2016-11, § II, 5-24-16)

(a) A facility must be constructed and maintained in compliance with all applicable local, state, and federal laws and regulations, including County building, electrical, and fire codes.

(b) A facility must be maintained in working order and kept graffiti and litter-free.

(c) A facility, all fences and walls surrounding the facility, and all other fixtures and improvements on a facility site must be repainted as often as necessary to prevent fading, chipping, or weathering of paint.

(d) Any landscaping at a facility site must be maintained in a healthy state. Dead or dying landscaping must be replaced.

(e) If any stealth facility is designed as a flagpole, one or more flags must be flown and properly maintained on the flagpole during daylight hours.

(f) A permittee must notify the zoning administrator within thirty days after any facility license or registration required by any local, state, or federal agency is revoked, modified, replaced, reissued, or suspended.

(g) No facility may be operated at a frequency that will interfere with an emergency communication system or 911 system, including any regional emergency communication system.

(h) Five years after the date a land use permit, collocation permit, or wireless facility access permit is issued under this chapter, and every five years thereafter, a permittee must submit to the zoning administrator a certification that:

(A) States the location of the facility, identifies the land use permit, collocation permit, or wireless facility access permit under which the certification is submitted, and states the date on which the permit was issued; and

(B) States that the facility is in compliance with all applicable county permits, county ordinances, and state and federal laws and regulations.

(Ord. No. 2016-11, § II, 5-24-16)