§ 9-411

The purpose of this Chapter is to establish reasonable regulations, to the extent permitted under California and federal law, for the installation, operation, collocation, modification, maintenance and removal of wireless communication facilities in a manner that promotes and protects public health, safety and welfare, and balances the benefits that flow from robust and ubiquitous wireless services with the local values and aesthetic character of the County, its neighborhoods, commercial and industrial areas, agricultural lands, historic resources, and other districts. It establishes a streamlined approval process for eligible facilities, consistent with California and federal law.

(a)

Limitations. This Chapter is not intended to, and shall not be interpreted or applied to:

(1)

Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;

(2)

Unreasonably discriminate among providers of functionally equivalent personal wireless services;

(3)

Regulate the installation, operation, collocation, modification, maintenance or removal of personal wireless services based on environmental effects from radio frequency emissions to the extent such emissions comply with all applicable Federal Communications Commission (FCC) regulations;

(4)

Create barriers that prohibit or effectively prohibit any telecommunications service provider's ability to provide any interstate or intrastate telecommunications service;

(5)

Prohibit or effectively prohibit any collocation or modification that the County may not deny under applicable California or federal law; or

(6)

Preempt any applicable California or federal laws, regulations or other mandatory rules.

This Chapter applies to all wireless communication facilities that require the granting of commercial licenses from the Federal Communications Commission (FCC) and/or the California Public Utilities Commission as follows:

(a)

Applicable Facilities. This Chapter applies to all applications to install, construct, collocate, modify or otherwise alter wireless communication facilities (WCFs) in the County of San Joaquin.

(b)

Exempted Facilities. This Chapter does not apply to:

(1)

Amateur radio antennas;

(2)

Over-the-air-reception devices (OTARD antennas);

(3)

Wireless antennas and related equipment installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system);

(4)

Antennas and related equipment owned and operated by California Public Utilities Commission (CPUC)regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities covered under CPUC General Order 131-D, as may be amended or superseded; and

(5)

County-owned and operated facilities for public purposes.

(c)

Special Provisions for "Eligibility Facility Requests" under Federal Law (Section 6409 Approvals). Any application submitted with a written request for approval pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)) shall be reviewed and ministerially-approved under the provisions for Type 1 WCF Permits and exempt from the development standards in this Chapter in Section 9-411.050.

The types of permits required for wireless communications facilities are listed below. The Zoning Administrator shall review all permit applications and determine completeness pursuant to Chapter 9-802, Common Procedures.

(a)

Type 1 WCF Permit. A Type 1 WCF Permit is required and shall be granted ministerially by the Zoning Administrator for any application for collocation of new transmission equipment and/or modification of an existing WCF when such collocation or modification will not result in a substantial change in the physical dimensions of a tower or base station. A Type 1 WCF Permit shall be used for small cell wireless communication facilities under the Federal Communications Commission orders and declaratory rulings unless specific circumstances require a Type 2 or Type 3 permit. A Type 1 WCF permit application is reviewed and the approval is granted only in response to an "eligible facilities request" submitted to pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)).

(b)

Type 2 WCF Permit. A Type 2 WCF permit is required and shall be granted ministerially by the Zoning Administrator for a collocation facility to be installed on an existing collocation-eligible facility that was subject a discretionary permit, and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the existing colocation-eligible facility, and the mitigation measures specified in the environmental impact report negative declaration, or mitigated declaration are incorporated in to the proposed project. This collocation facility may involve a substantial change to the

existing facility. A Type 2 WCF Permit is reviewed and approved pursuant to Section 65850.6 of the California Government Code. A Type 2 WCF Permit application may be deemed approved by the Director pursuant to Section 65964.1 of the Government Code if all of the requirements of subsection (a) of that section are met.

(c)

Type 3 WCF Permit. A Type 3 WCF Permit is a discretionary permit, subject to the Planning Commission's review and approval, that is required for any new facilities and major collocations or modifications to existing facilities, including:

(1)

All wireless communications facilities involving the use of County rights-of-way or existing improvements or utilities located on, in, under, of above County rights-of-way that are not eligible for a Type 1 or Type 2 WCF Permit;

(2)

Any wireless facility that requires a limited exception pursuant to Section 9-1065.10; and

(3)

All other wireless facilities that do not meet the criteria for a Type 1 or Type 2 WCF Permit.

(d)

Other Regulatory Permits or Approvals. In addition to any use permit or approval required under this Chapter, the applicant must obtain all other required prior permits and other regulatory approvals from other County departments, and state and federal agencies.

(e)

Time Limits. The time limits for review and approval of WCF permits are set by federal Law; contrary to State law, under federal law they are known as shot clocks and begin on the date the application is filed. Type 1 WCF permits must be approved within 60 days; Type 2 and 3 WCF permits dealing with major colocation must be approved within 90 days, and other WCF permits for new construction must be approved within 150 days. These time limits may be adjusted for any tolling due to the County's requests for additional information or as mutually agreed by the County and the applicant.

(a)

Application Required; Review Process. The County shall not grant any application for any permit under this Chapter except upon a duly filed application consistent with the provisions of Chapter 9-802, Common Procedures, this Section and any written rules or permit requirements the Zoning Administrator may publish. In the event that any conflict arises between the requirements in Chapter 9-802 and this Section, the requirements in this Section shall govern.

(b)

Application Content. The Board of Supervisors authorizes the Zoning Administrator to develop and publish permit application forms, checklists, informational handouts and other related materials for this Chapter. Without further authorization from the Board, the Zoning Administrator may from time-to-time update and alter the permit application forms, checklists, informational handouts and other related materials as the Zoning Administrator deems necessary or appropriate to respond to regulatory, technological or other changes related to this Chapter. The materials required under this section are the minimum requirements for any WCF Permit.

(1)

Application Fee. Applicants must tender to the County the fee required in the County's Fee Schedule maintained by the Community Development Department. In the event that the County's Fee Schedule does not contain a specific fee for wireless permit applications, the highest fee applicable to conditional use permits will be required.

(2)

Owner's Authorization. Applicants must submit evidence sufficient to show that either (1) the applicant owns the project site or (2) the applicant has obtained the owner's authorization to file the application.

(3)

Regulatory Authorization. To the extent that the applicant claims any regulatory authorization or other right to use the public rights-of-way, the applicant must provide a true and correct copy of the certificate, license, notice to proceed or other regulatory authorization that supports the applicant's claim.

(4)

Project Plans. A fully dimensioned site plan and elevation drawings prepared and sealed by a Californialicensed engineer must be submitted, showing any existing wireless facilities with all existing transmission equipment and other improvements, the proposed facility with all proposed transmission equipment and other improvements and the legal boundaries of the leased or owned area surrounding the proposed facility and any associated access or utility easements. For Type 1 WCF Permit applications, the plans only must document with dimensional annotations that no substantial change is proposed.

(5)

Site Photographs and Photo Simulations—Required Only for Type 2 and 3 Permits. Photographs and photo simulations that show the proposed facility in context of the site from reasonable line-of-sight locations from public streets or other adjacent viewpoints, together with a map that shows the photo location of each view angle.

(6)

Radio Frequency (RF) Exposure Compliance Report. An RF exposure compliance report prepared and certified by an RF engineer acceptable to the County must be submitted that certifies that the proposed facility, as well as any collocated facilities, will comply with applicable federal RF exposure standards and

exposure limits. The RF report must include the actual frequency and power levels (in watts effective radiated power (ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. The County may retain the services of a communications consultant to review this report; see Section 9- 411.080, Use of Specialists. The applicant shall be responsible for the costs of such services.

(7)

Project Purpose Statement. For Type 1 WCF Permits, the application shall include all the information required for an "eligible facilities request." For Type 2 and Type 3 WCF Permits, a written statement shall be submitted that includes: (a) a description of the technical objectives to be achieved; (b) an annotated topographical map that identifies the targeted service area to be benefitted; (c) the estimated number of potentially affected users in the targeted service area; and (d) full-color signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.

(8)

Alternative Sites Analysis—Required Only for Type 2 and 3 Permits. The applicant must list all existing structures considered as alternatives to the proposed location, together with a general description of the site design considered at each location. The applicant must also provide a written explanation for why the alternatives considered were unacceptable or infeasible, unavailable or not as consistent with the development standards, preferred locations, and preferred structure types in this Chapter as the proposed location and design. This explanation must include a meaningful comparative analysis and such technical information and other factual justification as are necessary to document the reasons presented. If an existing facility is listed among the alternatives, the applicant must specifically address why the modification of such wireless communication facility is not a viable option.

(c)

Submittal and Review Procedures.

(1)

Pre-application Conferences. Prior to an application submittal, applicants may or, in the case of a Type 1 WCF Permit, must schedule, pay the applicable fee, and attend a pre-application conference with County staff to discuss the proposed facilities. Such pre-application conferences are intended to streamline the application review procedures for various WCF Permit types and determine whether the applicant may qualify for ministerial approval pursuant to Section 6409(a); potential concealment issues (if applicable); coordination with other County departments responsible for application review; and application completeness issues.

(A)

Applicants may, but shall not be required to, bring any particular materials to a pre-application conference. County staff will endeavor to provide applicants with an appointment within approximately five business days after receipt of a written or email request for a pre-application conference.

(B)

For any applicant that schedules, attends and fully participates in a pre-application conference, the Zoning Administrator may grant a written exemption from a specific application requirement or requirements when the applicant shows that the information requested is duplicative of information contained in other materials to be submitted with the application or otherwise unnecessary for the County's review under the facts and circumstances in that particular case. Any such written waiver shall be limited to the project discussed at the pre-application conference and shall not extend to any other projects.

(2)

Submittal Appointments. Applicants must submit an application at a pre-scheduled appointment. Applicants may generally submit only one application per appointment but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. County staff will endeavor to provide applicants with an appointment within five business days after staff receives a written or email request for an appointment. The Zoning Administrator will begin to review the application once it is duly filed and the required fee paid.

(3)

Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the County within 90 calendar days after the County deems the application incomplete in a written notice to the applicant. The Zoning Administrator may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.

(a)

General Development Standards. All new wireless facilities and collocations or modifications not subject to a Section 6409 Request and qualifying for a Type 1 WCF permit must conform to all the standards in this section.

(1)

Concealment. Wireless facilities must incorporate concealment measures sufficient to render the facility either camouflaged or stealth, as appropriate for the proposed location and design. All facilities must be designed to visually blend into the surrounding area in a manner compatible with the uses germane to the underlying zoning district and consistent with the existing uses in the immediate vicinity of the project site.

(2)

Future Collocations. All wireless facilities must be designed and sited in a manner that contemplates future collocations and will allow additional equipment to be integrated into the proposed facility with no or negligible visible changes to its outward appearance to the greatest extent feasible.

(3)

Noise. A wireless facility and all equipment associated with a wireless facility must not generate noise that exceeds the applicable noise level standards established in Chapter 9-404 that apply in the zone where the wireless facility is located. The Approval Authority, meaning the Zoning Administrator or the Planning Commission as the case may be, may require the applicant to install noise attenuating or baffling materials and/or other measures, including but not limited to walls or landscape features, as the Approval Authority deems necessary or appropriate to ensure compliance with the applicable noise level standards.

(4)

Lights. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and fully-shielded lights such that the light source is not directly visible from any adjacent residential land uses and conforms to the limits on light and glare set in Chapter 9-403. The Approval Authority may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need. All aircraft warning lighting must use lighting enclosures that avoid illumination impacts on residential land uses to the maximum extent feasible.

(5)

Signs. No facility may display any signage or advertisements unless expressly allowed by the Zoning Administrator in a written approval, recommended under FCC regulations or required by law or a permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the facility owner's unique site number and a local or toll-free telephone number to contact the facility owner's operations center.

(6)

Fences, Enclosures and Security. Any fencing or enclosures proposed in connection with a wireless facility must be designed to blend with the natural and/or man-made surroundings. The Approval Authority may require additional landscape features to screen fences. No barbed wire, razor ribbon, electrified fences or any similar measures shall be allowed to secure a wireless facility, unless the applicant demonstrates to the satisfaction of the Approval Authority that the need for such measures significantly outweighs the potential danger to the public. For proposed towers without any surrounding fence or enclosure, the applicant must incorporate anti-climbing measures, such as a ladder guard or removable ladder rungs, to prevent unauthorized access, vandalism and other attractive nuisances.

(7)

Landscape Features. Landscaping may be required to be installed and maintained by Applicant to screen facilities from adjacent properties or public view or to provide a backdrop to camouflage the facilities. All

proposed landscaping is subject to Approval Authority review and approval and must meet the standards of Chapter 9-1020.

(8)

Utilities. All cables and connectors for telephone, primary electric and other similar utility services must be routed underground to the extent feasible in conduits large enough to accommodate future collocated facilities. The Approval Authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost.

(b)

Building-Mounted Facilities.

(1)

Preferred Concealment Techniques. To the extent feasible, new non-tower facilities that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level are preferred. Examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials. Alternatively, when integration with existing building features is not feasible, the applicant may propose completely concealed new structures or appurtenances designed to mimic the support structure's original architecture and proportions. Examples include, but are not limited to, cupolas, steeples, chimneys, and water tanks.

(2)

Facade-mounted Equipment. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The Approval Authority may not approve "pop-out" screen boxes unless the design is architecturally consistent with the original building or support structure. Except in industrial zones, the Approval Authority may not approve any exposed facade-mounted antennas, including but not limited to exposed antennas painted to match the facade.

(3)

Rooftop-mounted Equipment. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style, and finish. The Approval Authority may approve unscreened rooftop equipment only when it expressly finds that such equipment is effectively concealed due to its low height and/or setback from the roofline.

(4)

Ground-mounted Equipment. Outdoor ground-mounted equipment associated with building-mounted facilities must be avoided whenever feasible. In publicly visible or accessible locations, applicants must conceal outdoor ground-mounted equipment with opaque fences or landscape features that mimic the adjacent structure(s) such as dumpster corrals and other accessory structures.

(5)

Height. Wireless communications facilities shall not exceed the applicable height limit for the zone where they are located, provided, however that in commercial and industrial zones, and in areas with an M-X, P-F, A-G, A-L, and A-U zone designation, wireless telecommunication antennas may project up to 10 feet above the maximum allowable height of the structure, or up to 10 feet above the roof line of the building plus an additional one foot for each two feet of horizontal distance the antenna is set back from the top of the nearest exterior wall of the building, provided all of the following requirements are satisfied:

(A)

The applicant has shown that the subject antenna is not sufficient for wireless telecommunication in its intended coverage area if it is mounted at or below the height of the structure or the roof line of the building;

(B)

The antenna and supporting equipment to be mounted or located above the height of the structure or the roof line of the building shall be painted or otherwise treated to match the exterior of the structure or building, or when feasible hidden behind existing or added screening which is architecturally compatible with said structure or building; and

(C)

The existing structure or building is not an historic resource.

(D)

Excluding wireless telecommunication antennas and supporting equipment located on structures and buildings on publicly owned or controlled property, wireless telecommunication antennas and supporting equipment, which are screened from public view with concealment measures, may project up to five feet above the height of the structure or the roof line of the building in residential zones.

(c)

Freestanding Towers. Construction of new freestanding support structures for antennas and supporting equipment for wireless telecommunication, including the replacement of existing freestanding support structures for wireless telecommunication that does not qualify for a Type 1 WCF Permit, shall be subject to the following development standards:

(1)

Overall Height and Required Setbacks. Freestanding towers and associated antennas shall be setback from the property line a distance that is at least equal to the maximum height of the tower and associated antennas.

(2)

Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its visual profile. Applicants must mount non-antenna, towermounted equipment (including, but not limited to, remote radio units/heads, surge suppressors and utility

demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat colors.

(3)

Ground-Mounted Equipment. All ground-mounted equipment must be concealed within an existing or new structure, opaque fences or other enclosures subject to the Approval Authority's approval. The Approval Authority may require, as a condition of approval, design and/or landscape features in addition to other concealment when necessary to blend the equipment or enclosure into the surrounding environment.

(4)

Faux Tree Standards. The Approval Authority may approve a new freestanding wireless facility camouflaged as a faux tree only when it blends with the mature, natural trees in proximity to the proposed project site. The Approval Authority may require the applicant to plant and maintain new, natural trees around the project site when necessary or appropriate to adequately conceal the proposed faux-tree wireless facility.

(5)

In Agricultural Zones. New freestanding support structures and associated antennas shall not significantly displace or impair agricultural operations, if any, on the subject parcel project site or surrounding parcels.

(d)

Facilities in the Public Rights-of-Way.

(1)

General Prohibition. Facilities in the public rights-of-way shall not unreasonably subject the public use for any purpose, including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction.

(2)

Encroachment Permit Required. Facilities in the County's rights-of-way shall obtain an encroachment permit prior to commencing work, including construction, installation, and operation.

(3)

Lease Agreement Required. Facilities proposed for installation upon vertical infrastructure owned by the County shall be subject to the execution of a master lease agreement between the County and the wireless carrier. See Section 9-411.060, Leases.

(4)

Concealment. All facilities in the rights-of-way must be concealed to the extent feasible with design elements and techniques that blend with the underlying support structure, surrounding environment and adjacent uses.

(5)

Undergrounded Equipment. To conceal the non-antenna equipment, applicants for a proposed facility within any area in which the existing utilities are primarily located underground shall place underground all non-antenna equipment other than any required electric meter or disconnect switch. In all other areas, applicants shall install all non-antenna equipment underground to the extent feasible. Additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement, except where the applicant demonstrates by clear and convincing evidence that this requirement will effectively prohibit the provision of personal wireless services.

(6)

Ground-Mounted Equipment. To the extent that the equipment cannot be placed underground as required, applicants must install ground-mounted equipment in the location so that it does not obstruct pedestrian or vehicular traffic. The County may require landscaping as a condition of approval to conceal groundmounted equipment.

(7)

Pole-Mounted Equipment. All pole-mounted equipment must be installed as close to the pole as technically and legally feasible to minimize impacts to the visual profile. All required or permitted signage in the rightsof-way must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures. All conduits, conduit attachments, cables, wires and other connectors must be concealed from public view to the extent feasible.

(8)

Support Structures. If an applicant proposes a new facility in public rights-of-way, then the applicant must use existing above-ground structures, such as streetlights or traffic signals. If no such existing aboveground structures exist or are otherwise not available to the applicant, then the Approval Authority may require the applicant to install a decorative or integrated pole specifically designed to conceal wireless transmission equipment. All support structures in public rights-of-way require an encroachment permit issued by the Department of Public Works.

(9)

Utility Lines. When the point of contact is not on the pole itself, service lines must be undergrounded, whenever feasible, to avoid additional overhead lines. The Approval Authority shall not approve new overhead service lines merely because compliance with the undergrounding requirements would increase the project cost. For metal poles, undergrounded cables and wires must transition directly into the pole base without any external box or shelter ("doghouse").

(10)

Electric Meter. Multiple operators on a shared pole must share a single electric meter. Site operators must use the smallest and least intrusive electric meter available. In the event that a smaller or less intrusive meter becomes available after the site operator installs its equipment, the site operator must remove the current meter and install the new one within a reasonable time. The County expects site operators to use flat-rate electric service when it would eliminate the need for a meter. The electric meter or its case must be painted to match the pole unless painting is expressly not permitted by the electric service provider.

(11)

Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables must not be spooled, coiled or otherwise stored on the pole whether in a cabinet or not.

(12)

Finishes. No above-ground or pole-mounted equipment in the rights-of-way may be finished with reflective materials unless approved by the Approval Authority.

(a)

Authority. The Board of Supervisors may, in its sole discretion, approve facilities leases for the location of wireless communications facilities upon County property. County staff is authorized and directed to develop application requirements, lease criteria consistent with each department's policies and County procedures, and master lease agreements for Board approval.

(b)

Procedure. Any wireless communications carrier or provider that desires to solicit the County's approval of a facilities lease pursuant to this Chapter shall file a lease application with the County department responsible for the property sought to be leased concurrently with its WCF Permit application.

(c)

Review Process. The County shall review and take action on applications for facilities leases within the time periods established for action on WCF permits after receiving a complete application for such a lease. The applicable department director shall review the lease application and, if the application is complete and meets the lease criteria and the requirements of this Chapter and is consistent with a Model Master Lease Agreement, if one has been approved by the Board, shall negotiate a proposed facilities lease agreement with the applicant. The proposed facility lease shall be submitted to the Board of Supervisors for its review and approval or disapproval.

(d)

Facilities Lease Agreement. No facilities lease shall be deemed to have been authorized hereunder until the applicant and the County have executed a written facilities lease agreement setting forth the particular terms and provisions under which the lessee has been granted the right to occupy and use the County property. A Model Master Lease Agreement may be approved by the Board to streamline the review and approval process.

(e)

Nonexclusive Lease. No facilities lease granted under this Chapter shall confer any exclusive right, privilege, license or franchise to occupy or use County property for the provision of wireless communications services or any other purposes.

(f)

Rights Granted. No facilities lease authorized under this Chapter shall convey any right, title or interest in County property, but shall be deemed authorization only to use and occupy such County property for the limited purposes and term stated in the facilities lease agreement. No facilities lease shall take effect or otherwise authorize use of such County property until all necessary WCF and other County permits and/or approvals have been obtained. No facilities lease shall be construed as a warranty of title.

(g)

Compensation to County. Each wireless communications facilities lease granted under this Chapter is subject to the County's right, which is expressly reserved, to fix fair and reasonable compensation to be paid the County based on the fair market value of the rights granted to the lessee.

(h)

Expansion, Modification or Relocation. Except as may be provided by an existing facilities lease agreement, a new facilities lease application and agreement shall be required of any telecommunications provider or carrier that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon County property.

Preferred locations and preferred support structures are as follows. Unless shown not to be feasible by the applicant or considered not to be desirable by the Review Authority, a new wireless communication facility shall collocate on an existing wireless communication facility or, if an existing wireless communication facility is not present within the coverage area of the proposed facility, on an existing structure or building on publicly-owned or controlled property.

(a)

Preferred Locations. All applicants must, to the extent feasible, propose new facilities in locations according to the following preferences, ordered from most preferred to least preferred:

(1)

County-owned parcels in any zone;

(2)

P-F zone;

(3)

I-W, I-P, I-L, I-G and I-T zones;

(4)

A-G, A-L, and A-U zones;

(5)

C-G, C-O, C-FS, C-RS, and C-X zoning districts;

(6)

C-N, C-C, and M-X zones;

(7)

R-R, R-VL, R-L, R-M, R-MH, and R-H zones.

(b)

Preferred Support Structures. In addition to the preferred locations described above, the County also expresses its preference for certain support structures within those zones as follows, ordered from most preferred to least preferred:

(1)

Collocations with existing building-mounted wireless facilities;

(2)

Collocations with existing wireless facilities on towers;

(3)

Installations on existing buildings or rooftops;

(4)

Installations on existing wireless towers;

(5)

Installations on existing electric transmission towers; and

(6)

New freestanding wireless towers.

Note: As a hypothetical example, and not a limitation, in an industrial zone where an applicant could achieve its technical objective equally well with antennas mounted on either an electric transmission tower (that does not currently support any wireless facilities) or a new freestanding wireless tower, the applicant must mount the antennas on the electric transmission tower in accord with the County's preferences stated above.

The Zoning Administrator may retain the services of a communications consultant in order to understand, analyze, and evaluate the request for a proposed wireless telecommunication facility. The consultant shall be approved by the Zoning Administrator. The applicant shall be responsible for the cost of the consultant's services.

(a)

Scope of Services. The Zoning Administratormay request independent consultant review on any issue that involves specialized or expert knowledge in connection with the permit application. Such issues may include, but are not limited to:

(1)

Permit application completeness or accuracy;

(2)

Planned compliance with applicable radio frequency (RF) exposure standards;

(3)

Whether and where a significant gap exists or may exist, and whether such a gap relates to service coverage or service capacity;

(4)

Whether technically feasible and potentially available alternative locations and designs exist; and

(5)

The applicability, reliability and sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue within this scope.

(b)

Notice to the Applicant. The Zoning Administrator shall send written notice to the applicant when it elects to retain an independent consultant and summarize the costs of such services and the amount of the required deposit. The applicant shall have two business days to agree to accept these services and pay a deposit for the required costs or withdraw the application without any liability for any costs or expenses in connection with the independent consultant's review.

(c)

Authorization of Services. The consultant's work shall be authorized only when the required deposit has been received by the County.

(a)

Public Notice.

(1)

Public Hearings. Public notice and public hearings are required for only for applications for Type 3 WCF permits. The procedures shall be as specified in Chapter 9-802.

(2)

Deemed-Approved Notice. No more than 30 days before the review period ends (60 days for Type 1 WCF Permits, 90 days for Type 2 Permits, and 150 days for all other applications), the applicant must provide written notice to all persons entitled to notice in accordance with Chapter 9-802.

(A)

Required Disclosure. The notice must contain the following statement: "California Government Code section 65964.1 may deem the application approved in 30 days unless the County approves or disapproves the application, or the County and applicant reach a mutual tolling agreement."

(B)

Notice to the County. In addition to all persons entitled to notice in accordance with Chapter 9-802, the applicant must deliver written notice to the Zoning Administrator, which contains the same statement required in subsection (a)(2)(i), above, and a mailing list for the required public notices to be sent out under this subsection (a)(2)(i). The applicant may tender such notice in person or by certified United States mail.

(b)

Required Findings. The Approval Authority may approve or conditionally approve an application for a WCF Permit only when the Approval Authority makes the findings required for each permit type.

(1)

Type 1 WCF Permit. The Zoning Administrator shall grant a Type 1 WCF upon finding that the applicant proposes an eligible facility request that:

(A)

Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and

(B)

Does not substantially change the physical dimensions of the existing wireless tower or base station. Small cell wireless communications facilities are deemed to qualify under this criterion.

(C)

The Zoning Administrator's decision on a Type 1 WCF Permit is a ministerial action; it is final and not appealable.

(2)

Type 2 WCF Permit. The Zoning Administrator shall grant a Type 2 WCF Permit upon finding that:

(A)

A discretionary use permit was issued for the existing collocation-eligible facility;

(B)

Environmental review was conducted pursuant to the California Environmental Quality Act and County requirements for any existing collocation-eligible facility, and the collocation of the proposed facility with an existing collocation facility will not require a subsequent or supplemental environmental impact report;

(C)

The proposed facility will incorporate required mitigation measures, if applicable, based on the environmental document that was certified for the existing collocation facility; and

(D)

The application has provided acceptable financing assurances for the proposed project that are consistent with the provisions of Section 65964 of the Government Code. These may include an escrow deposit for removal of a wireless telecommunications facility or any component thereof. A performance bond or other surety or another form of security may be required, with the amount of the bond or other security related to the cost of removal. In approving the amount of the security, the Zoning Administrator shall consider information provided by the applicant regarding the cost of removal.

(E)

The Zoning Administrator's decision on Type 2 WCF Permit is a ministerial action; it is final and not appealable.

(3)

Type 3 WCF Permit. The Planning Commission shall approve or conditionally approve a Type 3 WCF Permit after a duly-noted public hearing, upon finding that:

(A)

The project complies with all applicable development standards in this chapter;

(B)

The applicant has provided a meaningful comparative analysis that demonstrates all alternative designs and locations identified in the application review process are either technically infeasible or not potentially available; and

(C)

All necessary and reasonable conditions of approval will be imposed to ensure land use compatibility and compliance with the standards of this Chapter.

(D)

The Commission's decision on a Type 3 WCF Permit is a discretionary action; it is appealable to the Board of Supervisors (see subsection (f) below).

(c)

Authority to Deny—Type 1 WCF Permits. Notwithstanding any other provisions in this Chapter, and consistent with all applicable federal and State laws and regulations, the Zoning Administrator may deny any Type 1 WCF Permit application submitted for approval pursuant to Section 6409(a) and Type 2 WCF Permits submitted for approval under Government Code Section 65850.6 when upon findings that the proposed project:

(1)

Does not satisfy the criteria for approval;

(2)

Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or

(3)

Involves the replacement of the entire support structure.

(d)

Conditional Approvals for Type 3 WCF Permits. The Planning Commission may impose reasonable conditions on Type 3 WCF Permits that are related and proportionate to the proposed facility as the Planning Commission deems necessary or appropriate to promote and ensure conformance with the General Plan, any applicable specific plan and the provisions in this Chapter. These would be in addition to the Standard Conditions of Approval in Section 9-411.100.

(e)

Notice of Decision. Within five days after the Approval Authority acts on a WCF Permit application, the Approval Authority shall provide written notice to the applicant stating the action taken. A denial notice must contain the reasons for the denial and, for Type 1 WCF Permits, state that the application will be automatically denied on the 60[th ] day after the application was filed unless the applicant withdraws the application.

(f)

Appeals—Type 3 WCF Permits. Any person or entity may appeal a final decision by the Planning Commission on a Type 3 WCF Permit in accordance with Section 9-215.120. The appeal must state in plain terms the grounds for reversal and the facts that support those grounds.

All applications for a WCF Permit shall be subject to the standard conditions of approval provided in this section. The Approval Authority may add, remove or modify any conditions of approval as necessary or appropriate to protect and promote the public health, safety and welfare.

(a)

Permit Duration. The permit will automatically expire 10 years from the issuance date, except when Government Code section 65964(b), as may be amended, authorizes the County to issue a permit with a shorter term.

(b)

Permit Renewal. Any application to renew this permit must be tendered to the County between 365 days and 180 days prior to its expiration, and must be accompanied by all required application materials, fees, and deposits required for a new application as then in effect. The County shall review an application for permit renewal in accordance with the standards for new facilities as then in effect. The Zoning Administrator may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application.

(c)

Build-out Period. Any permit approved under this Chapter or by operation of law shall automatically expire 18 months from the approval date if the applicant fails to commence construction within that 18-month time period; provided, however, that the Zoning Administrator may renew any such permit for up to one additional year if the Zoning Administrator receives a written request from the permittee within 30 days prior to the expiration date. Such a decision would be at the Zoning Administrator's sole discretion.

(d)

Compliance with Laws. The applicant shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinance or other rules.

(e)

Permittee's Contact Information. The applicant shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one specific person. All such contact information for responsible parties shall be provided to the Zoning Administrator within one business day after the applicant receives a written request from the Zoning Administrator.

(f)

Cooperation with Access and Inspections. The County or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The County reserves the right to enter or direct its designee to enter the facility to support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

(g)

Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

(h)

Concealment Elements. The applicant acknowledges and agrees that each and every aspect and/or element of the wireless facility, including without limitation its coloring, finishes, placement, orientation and proportionality with the structures in the immediate vicinity, that, by its sense and context, aids, contributes or otherwise furthers the concealment of the facility, in whole or in part, shall be deemed to be a concealment element of the support structure.

(i)

Graffiti Abatement. Permittee shall promptly remove any graffiti on the wireless facility at permittee's sole cost and expense, and in no instance more than 48 hours from the time of notification by the County or after discovery by the permittee.

(j)

Backup Generator Use. The applicant shall not use any backup or standby power generator except (1) when necessary due to a primary power source failure or (2) for routine maintenance/cycling. Backup generators are subject to the noise standards in Chapter 9-404.

(k)

Adverse Impacts. Permittee shall take all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.

(l)

Building Permit Application Plans. The permittee must incorporate into building plans and submit with any application to the Building Department, three copies of each of the following: (1) the WCF Permit associated with the facility, including without limitation all findings and conditions of approval; and (2) for Type 3 WCF Permits the photo simulations associated with the approved project. The Building Official is not authorized to waive any of these specific submittal requirements irrespective of any exception authority granted by the Code.

(m)

As-Built Plans. The applicant shall submit to the Building Official an as-built set of plans and photographs depicting the entire WCF, as modified, including all transmission equipment and all utilities, within 90 days after completion of construction. The plan submitted for the building permit may be used if the contractor certifies to the Building Official that no modifications to these plans were made during construction and the Building Official verifies this statement.

(n)

Record Retention. The permittee shall retain full and complete copies of all as-built plans and permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans and specifications, resolutions and other documentation associated with the permit or regulatory approval. In the event that neither the County nor the permittee can locate any as-built plan, permit or other regulatory approval that would have been required for the equipment deployed or installed in connection with the facility, the permittee acknowledges that the County will presume that any such equipment was deployed or installed without proper review and approval.

(a)

Limited Exceptions for Personal Wireless Service Facilities. The Board of Supervisors recognizes that federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services and the applicant proposes the least intrusive means to provide such services. With this in mind, the Board finds that, due to wide variation among wireless facilities, technical service objectives and changed circumstances over time, a limited exemption for WCF permit application in which strict compliance with this Chapter would effectively prohibit personal wireless services serves the public interest. The Board further finds that circumstances in which an effective prohibition may occur are extremely difficult to discern, and that specified findings to guide the analysis promote clarity and the County's legitimate interest in well-planned wireless facilities deployment that will provide economic benefits to the County. Therefore, in the event that any applicant asserts that strict compliance with any provision in this Chapter, as applied to a specific proposed personal wireless services facility, would effectively prohibit the provision of personal wireless services, the Board of Supervisors authorizes the Planning Commission to grant a limited, one-time exemption from strict compliance subject to the following requirements. The Zoning Administrator may secure the services of a communications consultant pursuant to Section 9-411.080 to provide information that may be needed to make the required findings below.

(1)

Required Findings. The Planning Commission shall not grant any limited, one-time exemption unless the applicant demonstrates with clear and convincing evidence all the following findings:

(A)

The proposed wireless facility qualifies as a "personal wireless services facility" as defined in 47 U.S. Code § 332(c)(7)(C)(ii);

(B)

The applicant has provided the County with a clearly defined technical service objective and a clearly defined potential site search area;

(C)

The applicant has provided the County with a meaningful comparative analysis that includes the factual reasons why an alternative location(s) or design(s) suggested by the County or otherwise identified in the

administrative record, including by not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available; and

(D)

The applicant has provided the County with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviation is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives.

(2)

Scope of Exemption. The Planning Commission shall limit its exemption to the extent to which the applicant demonstrates such exemption is necessary to reasonably achieve its reasonable technical service objectives. The Planning Commission may adopt conditions of approval as reasonably necessary to promote the purposes in this Chapter and protect the public health, safety and welfare.

(b)

Variances. All other requests to relieve or waive any provision under this Chapter for any non-personal wireless services facility are subject to the variance procedures in Chapter 9-805.

Any permit issued under this Chapter, including any permit deemed granted or deemed approved by operation of law, may be revoked in accordance with the provisions in Section 9-802.130.

9-411.130 - REMOVAL OF FACILITIES

Freestanding structures, antennas, and supporting equipment associated with wireless communication shall be removed by the provider of such facilities and the site restored to its preconstruction state if the facilities have not been operational or used for a period of six consecutive months. Removal and site restoration shall be completed within 90 days of the end of the six-month period. To guarantee removal of unused or abandoned facilities, the Review Authority may require the applicant to post a bond or other suitable security instrument.

This Chapter shall not be applicable to public entities that provide emergency communication services for the Sheriff's Office or the Office of Emergency Services, in order to provide coordination with cities, counties, and State agencies.

Series 500: - Subdivision Regulations Chapter 9-500 - Subdivision Regulations: Intent and Organization