Lake County Zoning Code § 71.8 General Development

(a) Site Location:
1. Facility towers, antennas, buildings and other structures and equipment visible from adjacent residences or public vantage points, shall be designed, located, constructed, painted, screened, fenced, landscaped or otherwise architecturally treated to minimize their appearance and visually blend with the surroundings.
2. Co-location is required when feasible and when it minimizes adverse effects related to land use compatibility, visual resources, public safety and other environmental factors. Co-location is not required when it creates or increases such effects and/or technical evidence demonstrates to the satisfaction of the Community Development Director that it is not feasible due to physical, spatial, or technological limitations. Fiscal constraints or competitive conflicts are not considered justifiable reason for not co-locating a new facility where opportunity for co-location exists.
3. Wireless communication facilities shall not be sited in a way which will create visual clutter or negatively affect view from communities, highways and major collector roads, from Clear Lake or from highly used public areas, such as but not limited to parks and resorts.
4. New communication facilities shall be discouraged on ridge top sites where they will be silhouetted against the sky from communities, highways and major collector roads or from highly used public areas, such as but not limited to parks and resorts.
5. Wireless communications facilities shall be screened from any public viewing areas to the maximum extent feasible.
6. Disturbance of existing topography and on-site vegetation shall be minimized, unless such disturbance would substantially reduce the visual impacts of the facility.
7. 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.
8. No telecommunication facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless the applicant has demonstrated to the Director of Community Development that

71-4

the proposed location is the most feasible location for the provision ofservices as required by the FCC

No telecommunication facility shall be installed within the safety zone of any airport within Lake County unless the airport owner/operator indicates that it will not adversely affect the operation of the airport, and the proposal is reviewed and approved by the Airport Land Use Commission.
No telecommunication facility shall be located in an environmentally sensitive habitat, such as but not limited to, wetlands, vernal pools, or special study areas containing rare and endangered plants and animals.
In instances where the wireless telecommunication facility is located near or in a residential area, or located within a Community Growth Boundary or within one (1) mile of said Boundary, photos shall be submitted of the proposed facility from the nearest residential neighbors. In instances where the wireless communication facility would be visible from a State Highway or County Collector or Arterial Road or fro Clear Lake a detailed visual analysis of the facility shall be submitted.
Anti-climb devices or fencing and safety signage shall be installed to prevent unauthorized access to equipment.
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length.
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot which meets the minimum lot size requirement for the Zoning District.
A subdivision pursuant to the State Subdivision Map Act shall not be required for a lease parcel on which a communications tower is proposed to be constructed, provided the communications equipment building in unmanned.

The maximum height of any communications tower shall be 150 feet.

The foundation and base of any communications tower shall be setback from a property line (not lease line) located in any Residential District at least 100 feet and shall be set back from any other property line (not lease line) at least 50 feet.
Existing trees and other vegetation which will provide screening for the proposed facility and associated access roads shall be protected from damage during construction. Additional landscaping or visual screening shall be installed and maintained where it would mitigate visual impacts of a communication facility. Introduced vegetation shall be native, drought

71-5

tolerant species compatible with the predominant natural setting of the project area, and shall be maintained through-out the life of the project. Communication facility sites, whether leased or purchased, shall be of sufficient size to include vegetative screening if landscaping would provide a useful reduction to visual impacts. No trees that provide visual screening of the communication facility shall be removed except to comply with fire safety regulations or to eliminate safety hazards. Tree trimming shall be limited to the minimum necessary for operation of the facility.

The communications equipment building shall comply with the required yards and height requirements of the applicable zoning district for an accessory structure.

(b) Design Review and Frequency Emission Compliance
1. Towers and monopoles shall be constructed of metal or other nonflammable material, unless specifically conditioned by the County to be otherwise.

Support facilities (i.e. vaults, equipment rooms, utilities and equipment enclosures) shall be constructed of non-flammable, no-reflective materials and shall not exceed a height of twenty (20) feet.
1. All ancillary buildings, poles, towers, antenna supports, antennas, and other components or telecommunication facilities shall be of a color or combination of colors approved by the Appropriate Authority. If the facility is conditioned to require paint, it shall initially be painted with a flat paint color approved by the Appropriate Authority, and thereafter repainted as necessary with a flat paint color. Components of the telecommunication facility which will be viewed against soils, trees, or grasslands shall be of a color matching these landscapes.
2. A visual simulation of the wireless telecommunication facility shall be provided. Visual simulation shall consist of either a physical mock-up of the facility, a balloon simulation with a balloon tethered at the height of the proposed tower and of a diameter matching the maximum width of the proposed antenna, a computer simulation or other reasonable and comparable means.
3. Special design of the wireless telecommunication facilities may be required to mitigate potentially significant adverse visual impacts.
4. All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
5. The site of a communications tower shall be secured by a fence with a maximum height of 8 feet to limit accessibility by the general public.

71-6

No signs or lights shall be mounted on a communications tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction.
Communications Towers shall be protected and maintained in accordance with the requirements of the County’s Building Code.
One off street parking space shall be provided within the fenced area.
Written documentation shall be submitted to the Community Development Department annually by permit holders, prepared by Radio Frequency Engineers or other qualified professionals, that verify compliance with FCC regulations if any change in facility conditions justify said documentation. Written affirmation shall be submitted to the Community Development Department annually by permit holders that verifies continuing compliance with FCC regulations.

71.9 Application Submittal Requirements for Wireless Telecommunications Facilities: Applications for wireless telecommunications facilities shall include the following information:
- (a) The applicant shall provide written documentation that is licensed by the Federal Communications Commission to operate a communications tower, or that it is a tower development company that is representing a Federal Communication Commission licensed client.
(b) The applicant shall provide written documentation that the proposed wireless telecommunications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
- (c) Communications towers shall comply with all applicable Federal Aviation Administration and applicable Airport Zoning Regulations.
- (d) Any applicant proposing construction of a new communications tower shall provide written documentation that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a one-quarter (1/4) mile radius of the proposed communications tower site be contacted and that one or more of the following reasons for not selecting such structure apply:
  1. The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.

71-7

The proposed antennae and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
Such existing structures do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
Addition of the proposed antennae and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
A commercially reasonable agreement could not be reached with the owners of such structures.

(e) The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(f) The applicant shall submit certification from a California registered professional engineer that a proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the County’s Building Code.
(g) The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency telephone number for the operator of the communications tower; and a Certificate of Insurance evidencing general liability coverage in the minimum amount of $1 million per occurrence and property damage coverage in the minimum amount of $1 million per occurrence covering the communications tower and communications antennas.
(h) A description of the facility that includes;
1. The types of services to be provided by the applicant to its customers.

The number, type and dimensions of antennas and other equipment to be installed.
1. The power rating for all antennas and equipment.
2. A statement that the system by itself, and in conjunction with other facilities in the vicinity, will conform to radio frequency radiation emission standards adopted by the FCC.
3. Capacity of the site and facility to accommodate expansion through colocation.

71-8

(i) A map showing the locations of all other existing and proposed antennas included in the applicant’s system for provision of service within Lake County, showing the approximate area served by each antenna.
(j) A map showing the location of all other wireless communication facilities within five air miles of the proposed facility.
(k) Written evidence of ownership or authorization for use of the proposed site. Applicant shall not enter into a lease that precludes possible co-location.
(l) Written evidence of easements or other authorization for proposed utility lines and for vehicular access between the site and a public road.
(m) Visual analysis of the proposed facility at design capacity, including at a minimum photo montages, photo simulations or other accurate representations of visual appearance from at least three different locations, at least two of which shall be from public locations from where the facility will be most visible. For locations determined by the Community Development Director to be especially visually sensitive, the applicant may be required to provide a demonstration of the proposed height of the facility on the site in the form of a tethered balloon, vehicle-mounted boom, or other object raised to the proposed height.
(n) A narrative discussing the factors leading to selection of the proposed site and antenna height, including alternative sites considered. For facilities not proposed to be co-located, the applicant shall provide a detailed statement substantiating why co-location is not practical.
(o) A statement that the applicant and successors agree to negotiate in good faith for co-location of proposed facility by third parties, and require no more than a reasonable charge for co-location.
(p) The Community Development Director may waive submittal requirements or require additional information based on factors specific to an individual project. The Director may, at the applicant’s expense, require independent peer review of any technical claims or data submitted as part of the review process.
(q) Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.