San Benito County Municipal Code Ch. 7.11 Wireless Communications Facilities Standards

The purpose and intent of the telecommunications ordinance codified in this chapter is to provide a uniform and comprehensive set of standards for the orderly development, operation and maintenance of wireless telecommunications facilities consistent with applicable federal standards. The standards contained in this chapter are designed to promote public health, safety and welfare and the aesthetic quality of the county as forth in the policies of the general plan. It is also the intent of the county to provide the community with the benefits of this technology without unduly restricting service providers.

(1966 Code, § 34-1) (Ord. 762, § 1(part), 2003)

(A) Placement of wireless telecommunications facilities, such as antennas, satellite dishes, support structures, base transceiver stations and other devices used for the transmission or reception of electromagnetic waves can have an adverse visual impact on the community. Placement of the facilities can interfere with views of the streetscape, natural vegetation and scenery. The facilities can conflict with adjacent architecture and with the design and the scale of structures in the neighborhood. The cumulative effect of numerous facilities and support structures can create a visual blight by concentrating too many facilities upon one site, area or neighborhood.

(B) In order to protect the public health, safety and welfare, it is necessary to insure that the siting of telecommunications facilities is compatible in design and scale with its locale and is sited so as to minimize adverse visual impacts on natural resources, neighborhoods, vistas, view corridors, architecture and structures.

(C) Facilities (geographic location or physical location) on structures, which already have similar installations (co-location sites), appear less noticeable, up to the point where too many structures create a visual blight. Installations on commercial or industrial structures are generally more compatible with and less noticeable than installations on residential structures due to the design, scale and locations of the structures.

(D) Therefore, in order to protect the public health, safety and welfare, it is necessary to adopt the following regulations which will avoid or minimize these impacts and will insure the proper design, location and scale of wireless telecommunications facilities.

(1966 Code, § 34-2) (Ord. 762, § 1(part), 2003)

(A) For all telecommunications facilities, the applicant shall provide the information listed below. Application for a telecommunications facility shall be submitted to the county’s Planning Department.

(B) The Planning Director may waive submittal requirements or require additional information based on project specific factors:

(1) A site plan drawn to a measurable scale showing the metes and bounds and existing features of the site including existing structures, roads, trees and other significant natural features;

(2) A map showing how the proposed facility fits into the individual service provider’s network of existing and proposed antenna sites;

(3) A map identifying all of the applicant’s existing telecommunications facilities within the county (or relevant area). The map shall include an illustration of the estimated coverage area (search area) for all existing and proposed antenna sites for the applicant and/or service provider;

(4) A letter explaining the site selection process including information about other sites that were considered and reasons for their rejection. In addition, carriers must demonstrate that facilities have been designed to attain the minimum height required from a technological standpoint for the proposed site;

(5) Visual impact demonstrations using photo simulations, story poles, elevations or other visual or graphic illustrations to determine potential visual impact including proper coloration and blending of the facility with the proposed site (number of copies, if applicable, to be determined by the Director);

(6) A revegetation and landscape plan in compliance with the county’s water conservation plan that shows existing vegetation, indicating any vegetation proposed for removal, and identifying proposed plantings by type, size and location;

(7) A letter to the Director stating that the system, including the antennas and associated base transceiver stations, conforms to the radio-frequency radiation emission guidelines adopted by the FCC;

(8) Sufficient information to permit the county to make any required determination under the California Environmental Quality Act (CEQA);

(9) The application information required by San Benito County Code Title 25 for the particular permit sought by the application;

(10) Noise/acoustical information for the base transceiver stations and associated equipment such as air conditioning units; and

(11) Filing fees and fees for processing and monitoring the permit application as established by resolution of the county’s Board of Supervisors.

(1966 Code, § 34-3) (Ord. 762, § 1(part), 2003)

(A) A telecommunications facility requires a use permit issued under San Benito County Code Title 25, as amended from time to time.

(B) Extensive modifications to existing wireless communications facilities shall be subject to the review and approval of the Planning Commission through either a renewal review of the original use permit, or through amendment of the original use permit. Minor changes, i.e., changing/adding antennas or base receiver equipment, shall require a building permit and administrative review by the Planning Department to determine if use permit and/or amendment shall be necessary.

(C) The applicant shall provide written notification to the Director upon cessation of operations on the site exceeding a 90-day period. The applicant shall remove all obsolete or unused facilities from the site within 180 days of termination of its lease with the property owner or cessation of operations.

(D) If a consecutive period of 180 days has lapsed since cessation of operations, a new permit shall be required if the site is to be used again for the same purpose as permitted under the original permit.

(E) The applicant shall provide signage as required, including phone numbers of the utility provider, for use in case of emergency. The signs shall be visibly posted at the communications equipment/structure (base station) in English and Spanish.

(F) If the Director finds evidence that conditions of approval of a permit for a telecommunications facility have not been fulfilled, the Director may refer the permit to the Planning Commission and/or the county’s Board of Supervisors for review. Upon the review, the county’s Planning Commission or Board of Supervisors may modify or revoke the permit if the conditions have not been met.

(G) Prior to issuance of any permits for new telecommunications facilities, the applicant shall provide an irrevocable letter of credit or other reasonable form of security satisfactory to county counsel for the removal of the facility in the event that its use is abandoned or its use permit is terminated. The amount of the bond is to be determined by the nature of the project.

(H) The Planning Director shall determine the appropriate number of telecommunications service providers per site. No more than three antenna groupings from three different telecommunications carriers shall be placed on any single monopole, unless technological advances in the design of the antennas make them minimally obtrusive. A maximum of six support structures per site shall be allowed provided the visual impacts can be mitigated to a level of insignificance. Applicant may obtain a variance from the provisions of this chapter upon demonstrating that the location of an additional support structure at the site is essential for the provision of service in the applicant’s service area, that good faith efforts were made to secure other locations, why those efforts were unsuccessful, and that location at another site is not technologically feasible.

(I) Whenever the county’s Code Enforcement Officer determines that any property within the county is being maintained contrary to the provisions of this chapter and constitutes a public nuisance, he or she may precede with administrative abatement, pursuant to the San Benito County Code Chapter 1.03, as amended from time to time.

(J) Renewal of use permit shall be required every five years.

(1966 Code, § 34-4) (Ord. 762, § 1(part), 2003)

(A) Location preference for wireless communication facilities shall be given to publicly-owned structures, co-location sites, and industrial or commercial sites. New wireless communications facilities shall not locate sites within 500 feet of residential areas or 1,500 feet of public or private schools. Wireless telecommunication facilities approved prior to the adoption of this chapter shall be exempt from setbacks adopted in this chapter until such time as the use permit is due for renewal (five years).

(B) Preference shall be given to locations for wireless communications facilities attached or sited adjacent to existing structures. Appropriate types of existing structures may include, but not be limited to, buildings, telephone and utility poles, signage and sign standards, and roadway overpasses.

(1966 Code, § 34-5) (Ord. 762, § 1(part), 2003)

(A) No telecommunications facility may be installed or erected except upon approval of a use permit, pursuant to San Benito County Code Title 25, as amended from time to time.

(B) Table 7.11.006(1) identifies the type of permit required in each zoning district.

Table 7.11.006(1) Required Permit Matrix

Table 7.11.006(1) Required Permit Matrix

(C) As used in this section, the following definitions apply.

AGRICULTURAL ZONES. AR, AP, R.

COMMERCIAL/INDUSTRIAL ZONE. The C-1, C-2, CM, M-I, SH and M-2 Zoning Districts.

PUBLICLY-OWNED. Publicly-owned land or structures located in all zoning districts.

RESIDENTIAL ZONES. RT, RR, RM, R-1 and PUD overlay zoning districts.

(D) The applicant shall submit additional documentation prepared at the applicant’s cost including, but not limited to:

(1) Identifying locations where a facility can be installed without prohibiting the applicant’s ability to provide its telecommunications service;

(2) Information concerning the applicant’s network of telecommunications facilities; and

(3) Site selection criteria and radio frequency emission coverage.

(E) In granting or denying any permit required by this chapter, the county shall make written findings as set out for the particular permit sought.

(F) The county may impose such conditions, as it deems appropriate or necessary to further the purposes of this chapter, including, but not limited to, requiring the redesign or relocation of the facility. Alternately, the county may direct the applicant to redesign or relocate the facility and resubmit a revised proposal for further consideration.

(1966 Code, § 34-6) (Ord. 762, § 1(part), 2003)

(A) All proposed telecommunications facilities shall be located so as to minimize their visual impact to the maximum extent feasible.

(B) To the extent feasible, all facade-mounted telecommunications facilities shall be sited and designed to appear as an integral part of the structure.

(C) Facade-mounted antennas shall be integrated architecturally with the style and character of the structure or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. To the extent feasible, facade-mounted antennas should not be located on the front or most prominent facade of a structure and should be located out of the pedestrian line-of-sight, unless stealthing techniques reasonably eliminate visual impacts.

(D) Whenever possible, base transceiver stations, equipment cabinets, back-up generators and other equipment associated with building-mounted antennas shall be installed within the existing building envelope or underground. If this is not feasible, the equipment shall be screened, fenced, landscaped or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding environment. Equipment buildings shall be designed in an architectural style and constructed of exterior building materials that are consistent with surrounding development and/or land use setting (if applicable).

(E) Roof-mounted antennas and associated equipment shall be located as far back from the edge of the roof as technically possible to minimize visibility from street level locations. Where appropriate, construction of a rooftop parapet wall or other appropriate screening to hide the facility may be required.

(F) No advertising signage or identifying logos shall be displayed on any telecommunications facility, except for small identification plates used for emergency notification or hazardous or toxic material warning.

(G) The applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual impacts for all telecommunication facilities, and especially for those proposed in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques can be required as conditions of approval when determined to be necessary to mitigate adverse visual impact.

(H) The colors and materials of telecommunications facilities shall be chosen to minimize the visual impact of the facilities. All telecommunications facilities shall be painted a non-reflective matte finish color to blend with the sky and/or predominant surroundings. The exact color shall be determined based upon a photo simulation submitted by the applicant.

(I) Landscaping, whenever appropriate, shall be used as screening to reduce the visual impacts of telecommunications facilities. Any proposed landscaping shall be visually compatible with existing vegetation in the vicinity. Any revegetation and landscape plan shall incorporate language to comply with the county’s water conservation plan.

(J) Any vegetation that is disturbed during construction shall be restored to its original condition. Planting used for restoration shall be similar to the existing vegetation in the area.

(K) The use of lighting shall not be allowed on telecommunication facilities unless required as a public safety measure and must comply with San Benito County Code Chapter 19.31, as amended from time to time.

(L) All proposed base transceiver stations should be the minimum size and number feasible for the operation of the telecommunications network.

(1966 Code, § 34-7) (Ord. 762, § 1(part), 2003)

(A) Existing trees and other screening vegetation in the vicinity of the proposed facility and associated access ways shall be protected from damage both during and after construction. Submission of a tree protection plan may be required to ensure compliance with this requirement and San Benito County Code Chapter 19.33, as amended from time to time.

(B) All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be re-seeded to control erosion.

(C) Where appropriate, the applicant shall enter into a landscape performance and maintenance agreement with the county to ensure the installation and establishment of required landscaping. This agreement shall be secured by financial guarantees in an amount equal to 150% of the estimated cost of materials and labor for required improvements. The duration of the landscape maintenance agreement shall be for a minimum period of two years.

(D) The emphasis of the landscape plan shall be to visually screen the proposed facility and stabilize the soils on sloping sites.

(E) Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the project.

(1966 Code, § 34-8) (Ord. 762, § 1(part), 2003)

(A) In addition to providing visual screening, each telecommunications facility shall require fencing, anti-climbing devices, electronic devices or other techniques to prevent unauthorized access and vandalism; however, the use of fencing shall not add to the visual impact of the facility and the design of the fencing shall be subject to Planning Department review and approval.

(B) All security fencing or walls shall be designed to be graffiti-resistant. The maintenance of all telecommunication facilities shall be the responsibility of the carrier and in the event of a disaster or emergency, the installations shall not interfere with any emergency service telecommunications facilities transmission.

(C) Each telecommunications carrier shall be required to provide additional information to the public by means of community meetings and/or distribution of relevant literature.

(1966 Code, § 34-9) (Ord. 762, § 1(part), 2003)

Normal maintenance activities shall only occur between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday, excluding emergency repairs. Backup generators shall only be operated during power outages or for testing and maintenance between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.

(1966 Code, § 34-10) (Ord. 762, § 1(part), 2003)

If technological improvements or developments occur which allow the use of materially smaller or less visually obtrusive equipment, the applicant shall be required to replace or upgrade the approved facility upon renewal of a permit application to minimize adverse effects related to land use compatibility, visual resources, public safety or other environmental factors.

(1966 Code, § 34-11) (Ord. 762, § 1(part), 2003)

Wireless communications facilities operating alone and in conjunction with other telecommunications facilities shall not generate electromagnetic frequency (EMF) radiation in excess of the guidelines for permissible human exposure to EMF as adopted by the Federal Communications Commission (FCC).

(1966 Code, § 34-12) (Ord. 762, § 1(part), 2003)

(A) Facade-mounted telecommunications facilities shall be allowed in all zoning districts subject to approval of a use permit and must comply with the development standards included herein.

(B) Facade-mounted antennas shall be painted and textured to match the existing structure, unless used as a design element consistently throughout the building, which is found to add visual interest to the building. When used as a design element, dummy elements may be required to be installed in order to retain the architectural integrity of the building.

(C) Facade-mounted antennas shall be camouflaged by incorporating the antennas as part of the dominant design element of the building.

(D) Antennas and the associated mountings shall generally not project beyond a maximum of 18 inches from the face of the building.

(1966 Code, § 34-13) (Ord. 762, § 1(part), 2003)

(A) Roof-mounted telecommunications facilities shall be allowed in all zoning districts subject to approval of a use permit, but must comply with the development standards included in this chapter.

(B) Freestanding roof-mounted antennas shall not be allowed on residential buildings. However, roof-mounted antennas that incorporate appropriate stealth techniques are allowed on buildings with residential uses.

(C) Freestanding roof-mounted antennas shall not be allowed when they are placed in direct line of sight of significant view corridors or where they significantly affect scenic vistas. However, the facilities shall be allowed with incorporation of appropriate stealth techniques.

(D) The height of freestanding roof-mounted antennas including the support structure shall not exceed the maximum height necessary for signal operation and shall be determined on a case-by-case basis by the Planning Commission.

(E) All roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized.

(F) All roof-mounted facilities shall be painted a non-reflective matte finish using an appropriate color that blends with the backdrop. The Planning Director shall approve the applicant’s choice of colors on a case-by-case basis.

(G) The equipment cabinets, if located on the rooftop of buildings, shall be so located as to be minimally visible from any public right-of-way.

(1966 Code, § 34-14) (Ord. 762, § 1(part), 2003)

(A) Ground-mounted antennas may be allowed in all zoning districts subject to a use permit.

(B) Ground-mounted antennas height shall be determined by line of sight transmission needs. The applicant shall provide documentation of height required, i.e., calculations, relationship to other transmittal relay towers or antennas and any other relevant information to support height requirements of the facility.

(C) All proposed ground-mounted telecommunications facilities shall require a visual analysis, which includes photo simulations demonstrating the appearance of the site prior to and after installation.

(D) Proposed telecommunications facilities shall be located within reach of existing access roads.

(E) Ground-mounted facilities shall be painted using non-reflective matte finished shades of green and brown, where appropriate, and the Planning Director shall approve the applicant’s final choice of colors on a case-by-case basis.

(F) Landscaping shall be used to minimize any visual impacts. All proposed vegetation shall be compatible with existing vegetation in the area and shall be drought tolerant. Any revegetation and landscape plan shall incorporate language to comply with the county’s water conservation plan and San Benito County Code Chapter 19.33, as amended from time to time.

(G) All associated base transceivers stations (BTS) for ground-mounted facilities shall be evaluated on a case-by-case basis to ensure minimal visual impact. BTS may be partially buried underground or use existing contours and level differences to minimize height/visibility.

(1966 Code, § 34-15) (Ord. 762, § 1(part), 2003)

(A) All monopole telecommunication facilities shall be allowed in all zoning districts subject to approval of a use permit by the Planning Commission and must comply with development standards in this chapter.

(B) Freestanding monopoles shall be located and designed to minimize visual impacts. Freestanding monopoles in high visibility locations as determined by the Planning Commission and/or Planning Director (as in some commercial areas), shall incorporate stealth techniques to camouflage them as a piece of art/sculpture, a clock tower, flagpole or other interesting, appropriate and compatible visual form.

(C) Monopoles may not be located within the required front yard setback of any property, unless appropriate architectural elements for a stealth facility are incorporated in the design of the monopole.

(D) The applicant shall specifically state the reasons for not co-locating on any of the existing monopoles and/or lattice towers within a one-mile radius. As part of the application package, the applicant may also be asked to provide a letter from the telecommunications carrier owning or operating the existing facility stating the reasons for not permitting co-location.

(E) All freestanding monopoles shall be designed at the minimum functional height required.

(F) As a condition of approval for all freestanding monopoles, all telecommunications carriers proposing a monopole shall provide a written commitment to the Planning Director that they shall allow other wireless carriers to co-locate antennas on the monopoles where technologically and economically feasible.

(G) Minor modifications to the communications equipment design, location, elevations and other elements of the above standards may be allowed, subject to review by the Planning Department and issuance of a building permit, if the modifications are in keeping with the architectural statement and layout design of the original use permit approval. Extensive modifications may require Planning Commission review and/or an amended use permit application.

(1966 Code, § 34-16) (Ord. 762, § 1(part), 2003)

(A) Facilities shall make available unutilized space for co-location of other antennas and equipment, including space for competing service providers.

(B) All second and third tier co-location antenna projects shall require a use permit.

(C) All telecommunications carriers shall provide a letter to the Planning Director stating their willingness to allow other carriers to co-locate on their facilities wherever technologically and economically feasible.

(D) All co-location of telecommunications facilities with existing PG&E owned or other existing utility facilities will require an administrative use permit review and approval by the Planning Department and applicable building permits will be required.

(1966 Code, § 34-17) (Ord. 762, § 1(part), 2003)

(A) The base transceiver stations (BTS) shall be placed in areas so they are least visible from public rights-of-way and have minimal visual impacts. Whenever possible, the BTS shall be located away from open spaces and required zoning district setbacks shall be met. Any visible portion of the BTS shall be treated to be architecturally compatible with the surrounding structures and screened using appropriate techniques.

(B) Proposed base transceiver stations (BTS) may require screening from public view. Screening techniques may include landscape treatment and/or architectural treatment to make it compatible with existing landscaping and/or buildings, or partially burying the cabinets.

(C) The BTS sizes and the proposed number of cabinets shall be the absolute minimum required to function. Any future additions to the number of BTS shall be subject to review and administrative review by the Planning Director and/or planning staff. A building permit shall be obtained for all new construction.

(D) If the contents of the BTS contain toxic or hazardous materials, a sign shall be placed on or around the exterior of the BTS warning the public. The size, placement and language (English/Spanish) of the sign shall be subject to review and approval by the Planning Commission and/or Planning Director.

(E) Additional acoustical baffling equipment or techniques may be required if the BTS exceeds the acceptable noise levels.

(1966 Code, § 34-18) (Ord. 762, § 1(part), 2003)

As used in this chapter, the following terms are defined.

ANSI/IEEE. The current version of the ANSI standard governing human exposure to RFR. The full title of the C95.1-1992 of the ANSI RFR standard is “Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 KHz to 300 GHz”. FCC recently adopted NCRP Report No. 86 (1986) to govern RFR exposure.

ANTENNA. A device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

BASE TRANSCEIVER STATION (BTS). The electronic equipment housed in cabinets that together with antennas comprises a PCS facility of “site”. The cabinets include an air conditioning unit, heating unit, electrical supply and telephone hook-up and back-up power supply.

CELLULAR SERVICE. A telecommunications facility comprising a single telecommunications tower, monopole or building-supporting antennas owned or used by more than one telecommunications carrier.

CO-LOCATION. A telecommunications facility comprising a single telecommunications tower, monopole or building supporting antennas owned or used by more than one telecommunications carrier.

DIGITAL SIGNAL. A nominally discontinuous electrical signal that changes from one state to another in discrete steps. “Digital compression” allows large amounts of information to be squeezed into a single conduit, allowing video images to be transported in the same amount of space that previously could carry only voice.

DIRECTOR. The Director of Building and Planning Departments of San Benito County or his or her authorized replacement.

FACADE-MOUNTED ANTENNA. An antenna that is directly attached or affixed to any facade of a building. Also known as BUILDING-MOUNTED ANTENNAE.

FCC. Federal Communications Commission, the federal government agency that licenses all radio services.

FREESTANDING. A stand-alone structure that is attached to the roof of a building and not to the facade of the building.

FREESTANDING MONOPOLE. A stand-alone structure that is not camouflaged.

GROUND-MOUNTED ANTENNA. An antenna with its support structure placed directly on the ground, the total height of which does not exceed 15 feet including the height of the antennas.

HERTZ. A unit of frequency or cycles per second, abbreviated as Hz.

GHz. Gigahertz or 1,000,000,000 cycles per second (1,000 MHZ = 1 GHz).

LATTICE TOWER. An open steel frame structure used to support telecommunications equipment.

MHZ. Megahertz or 1,000,000 cycles per second.

MICROWAVE. That portion of the radio spectrum between 950 MHZ and 30,000 MHZ.

MONOPOLE. A structure composed of a single spire used to support communications equipment.

OMNI-DIRECTIONAL ANTENNA. An antenna that is equally effective in all directions, the size of which varies with the frequency for which it is designed.

PANEL ANTENNA. An antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular, long devices approximately six square feet or less in size. Also known as DIRECTIONAL ANTENNAS.

ROOF-MOUNTED. An antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower.

STEALTH FACILITY. Any communications facility, which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas; building-mounted antennas painted and treated as architectural elements to blend with the existing building. Also known as CONCEALED TELECOMMUNICATIONS FACILITIES.

TELECOMMUNICATIONS. Any transmission, emission or reception of signals, images and sound or information of any nature by wire, radio, visual or electromagnetic system that work on a “line-of-sight” principle.

TELECOMMUNICATION FACILITY. A land use facility supporting antennas that sends and/or receives radio frequency signals. TELECOMMUNICATIONS FACILITIES include antennas and all other types of equipment for the transmission or receipt of the signal; telecommunication towers or similar structures built to support the equipment; equipment cabinets (base transceiver stations), and other accessory development.

TELECOMMUNICATION TOWER. A monopole, lattice tower, freestanding tower or other structures designed to support antennas.

WHIP ANTENNA. An antenna that transmits signals in 360 degrees. WHIP ANTENNAS are typically cylindrical in shape. They are also known as OMNI-DIRECTIONAL, STICK OR PIPE ANTENNAS.

(1966 Code, § 34-19) (Ord. 762, § 1(part), 2003)

(A) Appeal of staff determination.

(1) Any person aggrieved by any decision by the Planning Director or designated appointee regarding the wireless telecommunications ordinance made under the provision of this chapter, may, within ten days from the date of the decision, appeal to the Planning Commission. The appeal shall be in the form of a written notice filed in duplicate with the county’s Planning Department and shall set forth the grounds for the appeal. The appeal shall be considered at a duly noticed public hearing.

(2) Upon hearing the appeal, the Planning Commission shall consider the record and additional evidence as may by offered and may affirm, modify or reverse, in whole or in part, the requirements, decision, determination or ruling. The Planning Commission may make or substitute such other additional decision or determination, as it may find warranted under the provisions of this chapter.

(3) A uniform fee, as established by the Board of Supervisors, shall be paid to the county upon filing of the appeal.

(B) Appeal of Planning Commission determination.

(1) Any person aggrieved by any decision of the Planning Commission regarding the wireless telecommunications ordinance made under the provisions of this chapter may, within ten days from the date of the decision, appeal to the Board of Supervisors by written notice of appeal filed in duplicate with the County Clerk and shall set forth specially wherein the Commission’s findings and decisions were in error.

(2) Upon hearing the appeal, the Board of Supervisors shall consider the record and such additional evidence as may be offered and may affirm, modify or reverse, in whole or in part, the order, requirement, decision, determination, interpretation or ruling appealed from, or make and substitute such other additional decision and determination, as it may find warranted under the provisions of this chapter. The standards herein established to govern the discretion of the Commission shall apply with equal force to the actions of the Board of Supervisors.

(3) The decision of the Board of Supervisors upon the appeal shall be expressed by resolution in writing concurred in by a majority of all the members of the Board of Supervisors, and the Supervisors shall forthwith transmit a copy thereof to the original applicant, the appellant and the Commission. If the decision is adverse to that of the Commission on any action concerning the administration or enforcement of any provisions of this chapter, the resolution of the Board of Supervisors shall specify wherein there was an error or abuse of discretion on the part of the Commission.

(1966 Code, § 34-20) (Ord. 762, § 1(part), 2003)