§ 35.444

A.

Purpose and intent. This Section establishes the permit requirements and standards for the siting and development of noncommercial telecommunication facilities. The intent is to promote their orderly development and to ensure that they are compatible with surrounding land uses in order to protect the public safety and visual resources through the use of development standards that allow for maximum flexibility in amateur radio operations while protecting the public interest. It is recognized that there are local, state, national, and international interests in services provided by the amateur radio community and the provision of these services shall be protected. However, this shall be balanced with local interests regarding public safety and welfare.

B.

Applicability.

1.

Affected facilities and equipment. The provisions of this Section shall apply to all noncommercial telecommunication facilities that transmit or receive electromagnetic signals (e.g., amateur radio stations, other noncommercial telecommunication signals).

2.

Allowable zones and permit requirements. Table 4-11 (Allowable Zones and Permit Requirements for Noncommercial Telecommunication Facilities) below establishes the allowable zones, permit requirements, and development standards applicable to noncommercial telecommunications facilities as allowed by this Section. Different permit processes shall be required depending on the type of the noncommercial telecommunication facility being proposed and whether the facility complies with different development standards.

C.

Processing. Permits for Tier 1 or Tier 2 noncommercial telecommunication facilities shall be approved in compliance with the requirements of Subsection D through Subsection F below, unless otherwise specified.

Table 4-11 - Allowable Zones and Permit Requirements for Noncommercial Telecommunication Facilities

Notes:

(1) The antenna shall be used solely by the occupants of the lot on which the antenna is located.

(2) The antenna may be located on the ground or attached to a structure.

(3) Where the height of the antenna including the support structure is adjustable (e.g., a retractable, telescoping or tilt-over antenna), the height of the antenna with support structure shall be measured when it is at the lowest position, provided the antenna with support structure is maintained at the lowest position unless the associated antenna radio station is operating.

(4) The amateur radio antenna shall be used in conjunction with a licensed amateur radio station, including Military Affiliated Radio Stations, operated principally by the occupant of the lot on which the amateur radio antenna and station is located.

(5) The Director shall act as the review authority unless a public hearing is requested in compliance with Chapter 35.496 (Noticing and Public Hearings) in which case the Montecito Commission shall be the review authority.

D.

Development standards.

The following standards shall apply to the construction or erection of antennas and antenna support structures associated with amateur radio stations.

a.

Access. An antenna and its support structure shall not impede access by fire or other safety personnel to portions of the lot that the antenna and support structure is located on. Where this access would be impeded, a minimum of three feet clearance shall be provided between the antenna support structure and another structure or other obstacle.

b.

Location on roofs. Antenna support structures that are located on roofs shall be located on the portion of that structure that faces away from public viewing areas (e.g., public streets, parks) whenever technically feasible.

c.

Permit requirements. Required Building and Electrical Permits shall be obtained before erecting or operating the antenna support structure and associated antenna.

d.

Extension over neighboring property. An antenna, regardless of height, shall be located to ensure that it does not extend over neighboring lot without the express written, notarized consent of the affected lot owner. If the affected lot changes ownership, then written, notarized consent shall be obtained from the new owner within 120 days from the transfer of ownership. If a new agreement cannot be reached within this time period, then the antenna shall be modified so that it does not extend over the lot line. If the antenna support structure must be relocated, then a new Land Use Permit or Zoning Clearance shall be obtained in compliance with Section 35.472.110 (Land Use Permits) or Section 35.472.190 (Zoning Clearance) before relocation of the antenna support structure.

2.

Height limits and exceptions. Amateur radio antennas, including support structures, are limited to 50 feet in height except that this height limit may be increased to a maximum of 75 feet in height where technical requirements dictate.

a.

Amateur radio antennas, including support structures, may exceed 75 feet in height provided the review authority finds that the increased height is necessary in order to allow for the operational needs of the operator.

E.

Public notice. Notice of the approval of any Land Use Permit or the pending decision of the Director on a Development Plan, or a public hearing on a Development Plan shall be given in compliance with Chapter 35.496 (Noticing and Public Hearings).

F.

Application requirements. An application for a Conditional Use Permit, Development Plan or Land Use Permit to permit the development of a noncommercial telecommunication facility regulated by this Section shall be filed and processed in compliance with Chapter 35.470 (Permit Application Filing and Processing).

35.444.030 - Telecommunications Facilities Appurtenant to Natural Gas Distribution Facilities

A.

Purpose and intent. This Section establishes the development standards for the siting and construction of wireless telecommunications facilities appurtenant to natural gas transmission and distribution facilities (natural gas telecommunications facilities). The intent is to promote the orderly development of natural gas telecommunications facilities and protect public safety as well as visual, biological, and other environmental resources.

B.

Applicability. The provisions of this Section shall apply to natural gas telecommunications facilities.

C.

Processing. The following information provides permit requirements and development standards for natural gas telecommunications facilities.

1.

Permit requirements and Design Review. Prior to the construction or use of a natural gas

telecommunication facility, the applicant shall obtain a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances) and Subsection C.1.a (Zoning Clearance), below. If the proposed natural gas telecommunication facility does not meet the requirements for a Zoning Clearance, the applicant shall obtain a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits).

a.

Zoning Clearance. Natural gas telecommunications facilities must meet the following requirements to be eligible for a Zoning Clearance:

(1)

An application for a Zoning Clearance shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

(2)

The development standards of Subsection D (Requirements for Zoning Clearance issuance), below, and the requirements of Section 35.472.190 (Zoning Clearances) shall be met. Natural gas telecommunications facilities that meet all requirements in Subsection D, below, (Requirements for Zoning Clearance issuance), shall be exempt from Design Review, in compliance with Section 35.472.070 (Design Review).

b.

Land Use Permit. If the proposed natural gas telecommunication facilities do not meet the requirements for a Zoning Clearance, the applicant shall obtain a Land Use Permit, subject to the following:

(1)

An application for a Land Use Permit shall be submitted in compliance with Section 35.470.030 (Application Preparation and Filing).

(2)

The proposed natural gas telecommunication facility shall be in compliance with Section 35.472.110 (Land Use Permits).

D.

Requirements for Zoning Clearance issuance. Natural gas telecommunications facilities shall comply with the following standards to be eligible for a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances).

1.

Development standards.

a.

Setbacks. Natural gas telecommunications facilities shall be exempt from any and all setback requirements of this MLUDC, except those required by this Section.

b.

Size limits.

(1)

New utility pole. New natural gas telecommunication facility poles shall have a height no greater than 35 feet and a diameter no greater than 12 inches. Pole heights shall be measured from the existing grade to the top of the pole. Notwithstanding the foregoing, an existing, operational public utility pole or similar support structure (e.g., street light pole) that is reconstructed to its pre-existing height and diameter for mounting of natural gas telecommunications facilities using the same or substantially similar materials shall not be considered a new pole and may be reconstructed to its pre-existing height and diameter.

(2)

Wireless signal transmitting and/or receiving devices. All wireless signal transmitting and/or receiving devices that are mounted on a new pole or collocated on an existing pole, shall be enclosed in a container that has a height no greater than 24 inches, a width no greater than 24 inches, a depth no greater than 18 inches, and the container is mounted no more than 12 inches from the utility pole. Wireless signal transmitting and/or receiving devices that are installed at heights equal to or less than 15 feet from ground

level shall be enclosed in a container that has a height no greater than 35 inches, a width no greater than 18 inches, and a depth no greater than 16 inches.

(3)

Solar panel. Solar panels shall have a height no greater than 30 inches, a width no greater than 35 inches, and mounted no more than 15 inches from the utility pole.

(4)

Antennas. Antennas shall have a height no greater than 29 inches. The primary lateral antenna support beam structure shall have a maximum length no greater than 4 feet. The combined height of the pole and antenna shall be no greater than 35 feet.

c.

Collocation. New wireless signal transmitting and/or receiving devices shall be collocated on an existing utility pole or other support structure (e.g., streetlight, public building, transmission tower, or water tower), including use of existing electric and/or telephone pedestals, unless:

(1)

The applicant, as part of its application, provides a signed statement and supporting evidence (e.g., photos, technical specifications, correspondences) to the Department supporting that collocation is infeasible due to one or more of the following reasons:

(a)

There are no existing support structures within 500 feet of the proposed natural gas telecommunications facilities.

(b)

The applicant has been unable to secure a service agreement with the owner of existing utility poles within 500 feet of the proposed location on terms acceptable to the applicant.

(c)

The existing support structures within 500 feet of the proposed location do not provide adequate line-ofsight for the wireless signal transmitting and/or receiving devices.

(d)

The existing support structures within 500 feet of the proposed location do not allow for required physical distancing of wireless signal transmitting and/or receiving devices.

(e)

The existing support structures within 500 feet would not be close enough to existing utility equipment to achieve the desired wireless signal transmitting and/or receiving coverage.

(f)

The existing support structures within 500 feet of the proposed location cannot be utilized in a safe manner.

d.

Lighting. New natural gas telecommunications facilities shall be unlit. Natural gas telecommunications facilities may be collocated on an existing lit operational public utility pole, provided the natural gas telecommunications facility does not include any additional lighting.

e.

Construction.

(1)

No more than four cubic yards of soil shall be excavated for the installation of a new pole.

(2)

No new poles shall be located on existing slopes exceeding 20 percent grade.

(3)

Project construction shall not be conducted within the critical root zone of any native or non-native tree of more than six inches in diameter measured four feet above existing grade, or more than six feet in height. The critical root zone is defined as a circle around a tree trunk with a radius equivalent to one (1) foot for each one (1) inch diameter of the tree at 4.5 feet above grade.

f.

Signage. No signs shall be installed for natural gas telecommunications facilities, except for signs or labels required for internal utility identification or operations, or required, by agencies with regulatory authority, including but not limited to the California Public Utilities Commission (CPUC) or Federal Communications Commission (FCC).

g.

Fencing. No permanent fencing shall be installed for the natural gas telecommunications facilities.

h.

Pole steps. No pole steps shall be installed on utility poles.

i.

Location. The applicant shall provide photo simulations, site plans, aerial imagery, or other materials necessary to depict the following, as applicable:

(1)

Natural gas telecommunication facilities shall not be sited within a scenic highway corridor, defined here as the corridor of land that extends 2,000 feet outward from the right-of-way lines of any state scenic highway, unless the natural gas telecommunication facilities are: (i) collocated on an existing utility pole or similar support structure; or (ii) located within 500 feet of existing utility poles on public right-of-way that has previously been graded, compacted, graveled, cleared, sealed, or paved.

(2)

Natural gas telecommunications facilities installed on new poles shall not be installed on a ridgeline that is visible from a public viewing area (e.g., public roads trails, recreation areas).

(3)

Natural gas telecommunications facilities shall not be located within Environmentally Sensitive Habitat (ESH) or within 200 feet of the boundaries of ESH, except for facilities that meet the requirements of Subsection (b) below.

(a)

The applicant shall retain a Department-approved biologist to confirm that the proposed natural gas telecommunication facilities will be located at least 200 feet outside of the boundaries of ESH.

(b)

Natural gas telecommunications facilities may be collocated on existing utility poles or other support structures, or installed within public right-of-way that has been previously graded, compacted, graveled, cleared, sealed, or paved, in areas located outside ESH but within 200 feet of the boundaries of ESH, provided that:

(i)

All installation and maintenance equipment can be staged at least 200 feet outside the boundaries of ESH, and

(ii)

The natural gas telecommunication facilities can be installed using a boom lift or similar device located at least 200 feet outside the boundaries of ESH, or with equipment entirely located on an existing graded, compacted, graveled, cleared, sealed, or paved surface located outside ESH but within 200 feet of the boundaries of ESH.

(4)

Natural gas telecommunications facilities on new poles shall not be located within 500 feet of historicperiod architectural resources that may meet the definition of "historical resources" in CEQA Guidelines Section 15064.5(a).

(a)

The applicant shall provide a written assessment from a Department-approved historian confirming that the proposed facility shall be in conformance with this requirement. At a minimum, the letter shall include the results of a records search through the Central California Information Center (CCIC), review of the County Historic Landmarks Advisory Commission lists of Historic Landmarks and Places of Historic Merit, and consultation with the local historical society (e.g., Carpinteria, Santa Ynez, and Lompoc historical societies).

(5)

Natural gas telecommunications facilities shall not be located within 200 feet of known archaeological resources that may meet the definition of "historical resources" in CEQA Guidelines Section 15064.5(a) or tribal cultural resources that may meet the definition of "tribal cultural resources" in Public Resources Code Section 21074.

(a)

The applicant shall provide a written assessment from a Department-approved archaeologist confirming that the proposed facility shall be in conformance with this requirement. At a minimum, the letter shall include the results of a records search through the Central California Information Center (CCIC).

(6)

Natural gas telecommunications facilities shall not be located on a site that is included on any list of hazardous waste facilities, disposal sites, and similar sites compiled pursuant to Section 65962.5 of the Government Code.

(7)

Natural gas telecommunications facilities shall not be located in a manner that blocks or impedes public access, including but not limited to public trails.

(8)

Natural gas telecommunications facilities on new poles shall be located in areas partially or fully screened with existing vegetation that would minimize their visibility from public roads and public viewing areas, unless:

(a)

The applicant, as part of its application, submits a signed statement and supporting evidence (e.g., photos, technical specifications, correspondences) to the Department supporting that it is infeasible to locate the new poles and wireless signal transmitting and/or receiving device in areas with existing vegetation due to one or more of the following reasons:

(i)

No vegetation of sufficient height exists in the proposed location to partially or fully screen the new pole and facilities.

(ii)

The existing vegetation that would screen the new pole and facilities would obstruct the required line-ofsight for the wireless signal transmitting and/or receiving device.

(iii)

The existing vegetation that would screen the new pole and facilities would prevent the solar panel from receiving direct sunlight.

(9)

Natural gas telecommunications facilities on new poles shall be clustered with existing utility poles, unless:

(a)

The applicant, as part of its application, submits a signed statement and supporting evidence (e.g. photos, technical specifications, correspondences) to the Department supporting that it is infeasible to locate the new pole within 500 feet of existing poles due to one or more of the following reasons:

(i)

There is insufficient physical space for a new pole near existing utility poles.

(ii)

If located near existing utility poles, the required line-of-sight for the wireless signal transmitting and/or receiving device on the new pole will be obstructed.

(iii)

The applicant has been unable to obtain an agreement from the landowner near existing utility poles to install a new pole on terms acceptable to the applicant.

(iv)

The site would not be close enough to existing utility customers to achieve the desired wireless signal transmitting and/or receiving coverage.

(v)

If located near existing utility poles, the natural gas telecommunications facility cannot be constructed or operated in a safe manner.

j.

Access roads and parking areas. Natural gas telecommunications facilities shall be served by existing roads and parking areas. They shall not include new roads or parking areas.

k.

Non-reflective surfaces. Exterior surfaces of all poles and wireless signal transmitting and/or receiving devices and antennas shall be of non-reflective material.

l.

Landscaping. Natural gas telecommunications facilities shall be constructed to maintain and enhance existing vegetation, through the implementation of the following measures:

(1)

Existing trees shall not be removed or damaged as part of installation.

(2)

Where otherwise not already restricted in Section 35.444.030, landscaping vegetation that screens the natural gas telecommunications facility as seen from public viewing places shall not be removed as part of installation, except where necessary to avoid signal interference or to accommodate solar charging to and from the approved natural gas telecommunications facility.

2.

Project installation and post installation provisions.

a.

FCC and CPUC compliance. Natural gas telecommunications facilities shall be operated in strict conformance with: (i) all rules, regulations, standards and guidance published by the FCC and CPUC, including but not limited to, safety signage, Maximum Permissible Exposure (MPE) Limits, and any other similar requirements to ensure public protection; and (ii) all other legally binding, more restrictive standards subsequently adopted by federal agencies having jurisdiction.

b.

Demonstration of compliance. Compliance with all applicable standards shall be demonstrated with a report prepared by a qualified professional to submit a radiofrequency (RF) report demonstrating compliance with current federally established MPE standards. Compliance shall be demonstrated as needed to address changes in setting, technology, and FCC and CPUC regulations.

DIVISION 35.5 - Montecito Resource Management CHAPTER 35.450 - MONTECITY RESOURCE PROTECTION STANDARDS