Chapter 17.94

WIRELESS COMMUNICATIONS FACILITIES

Sections: 17.94.010 Purpose. 17.94.020 Applicability. 17.94.030 Exempt facilities. 17.94.040 Permit required. 17.94.050 Application for a Use Permit 17.94.060 Procedures for processing a Use Permit application. 17.94.070 Review and consideration of a Use Permit application. 17.94.080 Location. 17.94.090 Setbacks. 17.94.100 Service gaps. 17.94.110 Height determination. 17.94.120 Visual compatibility. 17.94.130 Signs prohibited. 17.94.140 Lighting. 17.94.150 Roads and parking. 17.94.160 Vegetation protection and facility screening. 17.94.170 Fire Prevention. 17.94.180 Noise. 17.94.190 Radio frequency emission regulations 17.94.200 Co-located and multiple-user facilities. 17.94.210 Abandonment of facility. 17.94.220 Agreement and security to maintain and remove facility. 17.94.230 Indemnification.

Purpose. The purpose of this chapter is to provide a uniform and comprehensive set of standards for Major wireless communication facilities (as defined in Section 17.04.927 of this Code of Ordinances). The regulations contained herein are designed to protect and promote public safety, community welfare, and the visual quality of the County of Tuolumne, as set forth in the goals, policies, and programs of the Tuolumne County General Plan, while at the same time providing for the installation of new communication facilities. It is also the intent of this chapter to ensure a balance between public concerns and private interests in establishing wireless communication and related facilities.

Applicability. The provisions of this chapter apply only to major wireless communication facilities and modifications to preexisting major wireless communication facilities.

Exempt facilities. The following facilities are exempt from the provisions of this chapter:

Minor wireless communication facilities (as defined in Chapter 17.04).

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Preexisting major wireless

communication facilities, except that substantial modifications to such facilities shall comply with the provisions of this chapter.

Major wireless communication facilities added to an approved co-located or multipleuser wireless communication facility.

Major wireless communication facilities located within the interior of a structure or on the exterior of a structure, including, but not limited to, a building or water tank, which do not change the outward appearance of the structure when viewed from 25 feet away. As used in this subsection, structure shall not include a wireless communication tower.

Major wireless communication facilities located on an electrical transmission tower or utility pole that do not substantially change the

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appearance of the structure, as determined by the Community Development Department Director (Director). Substantial change is defined in Chapter 17.04.

Major wireless communication facilities located on parcels on tribal lands or under the jurisdiction of a public entity, including federal, state, or local government agencies; public utilities; special service districts; or other public agencies.

Wireless communication facilities used by government agencies, public utilities, or other public agencies where the height does not exceed 100 feet.

Wireless communication facilities, including community networks or neighborhood repeaters, where the principal use of the facility is to receive and transmit communication services to occupants other than those of the parcel on which the facility is located, subject to the following provisions, as determined by the Director:

1. The facility shall be located, designed, and screened to reduce visual obtrusiveness and maintain consistency with the height of neighboring residences or other structures. 2. A plan for a wireless communication facility— community network or neighborhood repeater—shall be submitted to the Community Development Department providing the following information:

A map showing the location of the proposed facility and all land uses adjacent to the site. A map identifying the boundaries of the area that will be served by the proposed facility and all related facilities within the county that are part of the same network of coverage as the proposed facility. Proof of legal access to the parcel on which the proposed facility is to be located.

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The design of the facility and any accessory equipment, including a visual simulation with mock-ups or photomontages, to demonstrate that it will blend with its surroundings and that any communication towers include “anticlimbing” features to reduce the potential for trespass and injury. The visual simulation shall be drawn to scale, showing views of the facility from public areas and private residences, from four points that together form a 360 degree view and as otherwise required by the Director. All photo montages must cover all public vantage points at ground level, located five feet above grade. If public vantage points aren’t available, the photos shall be taken from the nearest property line. The photos for the visual simulation must be taken close enough to accurately depict the impact of the designed facility on adjacent parcels and clearly reflect the existing conditions on the parcel on which the facility is proposed. A plan identifying the source of power to the proposed facility.

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A temporary mobile wireless communication facility on a site for which a Use Permit for a permanent wireless communication facility has been issued. Such temporary facilities may be permitted for a maximum of 90 days subject to administrative approval by the Director. A 90-day extension may be granted by the Director upon written request of the applicant. Three 90-day extensions may be granted for a sum of not more than one year.

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The mobile facility shall not exceed the height approved for the permanent facility and shall not be located on the site until all required fire safety measures have been implemented, as determined by the Fire Marshal.

A temporary wireless communication tower used for emergencies during a declared local, state or federal state of emergency or exempt towers for weather or fire monitoring cameras. Such temporary facilities may be permitted for a maximum of 90 days subject to administrative approval by the Director. A 90day extension may be granted by the Director upon written request of the applicant. Three 90day extensions may be granted for a sum of not more than one year.

Removal of wireless telecommunication facilities.

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Permit required.

Major wireless communication facilities are declared to be conditional uses and require the issuance of Use Permits in all zoning districts.

Major wireless communication facilities shall be prohibited in the M-U, R-3, R-2, R-1, RE1, RE-2, RE-3, O, or O-1 zoning districts, or any zoning district when combined with the :H, :HDP, or :D combining districts, except as provided in Section 17.94.100.

Application for a Use Permit.

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An application for a Use Permit shall be filed with the Director on a form prescribed by the Director along with required information and fees, as established in Title 3 of this Code.

In addition to the application requirements in Chapter 17.98, an application for a Use Permit for a major wireless communication facility shall be accompanied by the following information:

1. A map showing the location of the proposed facility and all land uses surrounding the site within 1,000 feet of the boundaries of the parcel on which the facility is proposed or on adjacent parcels, whichever is greater.

2. The design of the facility, including a cross-section or silhouette of the facility.

3. A visual impact analysis drawn to scale, including a visual impact demonstration through mock-

ups or photo-montages of the facility as viewed from the perimeter of the property, from each of the four points. All photo montages must cover all public vantage points at ground level, located five feet above grade. The visual analysis must accurately depict the impact of the designed facility on adjacent parcels and clearly reflect the existing conditions on the parcel on which the facility is proposed. The Director may require adjustments to the viewpoints, scale, or other aspects of a visual impact analysis until simulations are provided that provide adequate information to decision makers.

4. Maps identifying the boundaries of the area that will be served by the proposed facility.

5. A map identifying all related facilities within a five-mile radius of the project site that are part of the same network of coverage as the proposed facility.

6. An alternative site analysis that identifies the list of sites that were vetted and rejected by the applicant with a short description of why they were not suitable. The applicant shall fill out and submit the County’s Alternative Sites Form along with the application for the Use Permit.

7. A title report.

8. Proof of legal access to the parcel on which the proposed facility is to be located.

9. Information addressing security considerations, including exterior lighting, fencing, gates, and access.

10. Maps identifying the location of existing major wireless communication facilities within a two-mile radius of the proposed facility.

11. A plan identifying the source of power to the proposed facility. If electrical service is proposed, the plan shall include the location of

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• proposed overhead or underground distribution lines to extend service to the proposed facility.

12. A landscape and maintenance plan identifying all existing vegetation, and/or landscaping that is to be retained on the site, any additional vegetation that is needed to satisfactorily screen the facility from adjacent land uses and public view areas, and the program for maintaining landscaping in a healthy and attractive condition. The Director may waive the requirement for a landscape and maintenance plan in instances where the solutions for maintaining landscaping do not exist on site or where landscaping is not appropriate or feasible.

13. A tree protection plan for trees larger than six inches in diameter at a height of four and one-half feet when such trees are present on the project site. This plan shall be prepared by a certified arborist or registered forester and give specific measures to protect trees during project construction (see Section 17.94.170 [A], which identifies specific measures for tree protection). The Director may allow planting and maintenance of new trees in instances where protecting one or more existing trees is not feasible.

14. If the applicant will not be providing wireless communication services itself, either:

• a. A signed agreement with a provider of wireless communication services or a letter of intent to use the proposed facilities from such a provider shall be submitted with the application, or

• b. Submittal of such information shall be made a condition of

• approval of the use permit to be submitted prior to issuance of a building permit;

15. A copy of the certification from the Federal Communications Commission specifying that the facility’s radio frequency emissions will comply with the applicable regulations of the Federal Communications Commission.

16. Other information as required by the Director that is necessary to conduct environmental review in accordance with the California Environmental Quality Act (CEQA). The Director may waive one or more of the items of information listed herein if similar information is already on file with the Community Development Department or to waive any requirements that are not applicable to the project site or specific site conditions.

ed by the Director that is necessary to conduct environmental review in accordance with the California Environmental Quality Act (CEQA). The Director may waive one or more of the items of information listed herein if similar information is already on file with the Community Development Department or to waive any requirements that are not applicable to the project site or specific site conditions.

The Director is authorized at their discretion to execute a contract with an independent technical expert to review applications where the facility design or location has technological or siting challenges. The Director shall determine if a review by a technical expert is required within 30 days of the submittal of an application. The applicant shall pay all the costs of said review, including any administrative costs incurred by the County. Failure of the applicant to pay the costs of such review shall render the application incomplete. Applicant may designate portions of the application that is proprietary information by clearly identifying them in the application. The Director shall determine if the applicant’s request for proprietary treatment of an application material is reasonable before disclosing the information to a technical expert or to any third party (Ord. 3471 § 17, 2024).

Procedures for processing a Use Permit application.

Processing of a Use Permit application for a major wireless communication facility shall be in accordance with Chapter 17.100, except as provided in Subdivisions B and C.

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For applications involving co-location or modification subject to Section 6409(a) of the federal Spectrum Act, a decision shall be rendered within 60 days of application submission. The 60-day clock begins when:

1. The applicant submits an application; and

2. The applicant submits written documentation addressing the applicable eligible facilities request criteria, including that the proposed modification would not cause a “substantial change” to the existing structure.

Notice of any public hearing for a Use Permit for a major wireless communication facility shall be given in accordance with Section 17.98.110, except the notice to adjacent property owners shall be mailed to owners of all property within 1,000 feet of the boundaries of the parcel on which the facility is proposed or to owners of adjacent parcels, whichever is greater (Ord. 3471 § 17, 2024).

Review and consideration of a Use Permit application. Any application for a Use Permit for a major wireless communication facility shall be reviewed for compliance with the provisions herein. In considering the application, the decision-making body shall not approve or conditionally approve an application that has not demonstrated that all the provisions can be met.

Location. Major wireless communication facilities shall be located to harmonize with the surrounding community as follows:

No facility shall be located on any parcel zoned M-U, R-3, R-2, R-1, RE-1, RE-2, RE-3, O, or O-1, or zoned any primary district when combined with the :H, :HDP, or :D combining districts, except as provided in Section 17.94.100.

No facility shall be installed within the height restriction areas or planning referral areas of the Columbia or Pine Mountain Lake Airports or any helipad unless the airport or helipad owner/operator indicates that it will not adversely affect the operation of the airport or helipad and the Airport Land Use Commission determines the location is consistent with the Airport Land Use Compatibility Plan.

No facility shall be installed at a location where special painting or lighting will be

required by the Federal Aviation Administration (FAA) regulations.

No facility shall be installed on an exposed ridgeline or at a location readily visible from any locally adopted scenic route, as identified in Figure 16.1 of the Tuolumne County General Plan, Volume II, Technical Background Report, unless it blends with the surrounding existing natural or built environment and a finding is made that no other location is technologically feasible.

Setbacks. Major wireless communication facilities shall adhere to the following setbacks:

Facilities shall be set back the distance equal to or greater than the height of the facility from all property lines.

1. When located in non-residential zoning districts and located 200 feet or more from a residential zoning district or residence, a minimum 50 foot setback will be required.

2. A variance is not needed if a service gap situation happens and tower can’t meet a setback Facilities shall be set back 200 feet from any parcel zoned M-U, R-3, R-2, R-1, RE-1, RE-2, RE-3, or any district that is combined with the :H, :HDP, or :D combining district.

Facilities shall be set back 10 feet from all roads, rights-of-way, and public easements. Facilities shall be set back 200 feet from any publicly dedicated trail, public park, or public outdoor recreation area.

Facilities shall be set back 200 feet from any open space, as defined in Chapter 17.04.

Guy-wire anchors for wireless communication towers shall be set back at least 20 feet from any property line.

Service gaps. Notwithstanding the location and setback limitations of this chapter, a major wireless communication facility shall be granted a permit for a location in which it would otherwise be prohibited if the following can be established:

The applicant establishes that the facility is necessary to comply with federal law or will fill an existing significant gap (as defined in Chapter 17.04) in the ability of remote users to access the applicant’s communication service,

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That there is no alternative to the proposed location, and

That the manner in which it proposes to fill the gap complies in all other respects with this section unless an applicant has established that an inability to comply with any other provision would prevent the facility from being constructed at that location.

As a condition of approval of a Use Permit for a major wireless communication facility to fill a service gap, the approval authority may require the facility to be designed and used as a co-location or multiple-user facility. The County will work with applicants who are using grant funds to address service gaps and may choose to provide accommodations to those applicants related to fees.

Height determination. The maximum height of a wireless communication tower shall be 200 feet or twice the height of the tallest tree within one half mile. The height of a wireless communication tower shall be measured from the ground surface below the center of the base of the tower to the top of the tower itself or to the tip of the highest antenna or piece of equipment attached hereto, whichever is higher. In the case of structure-mounted towers, the height of the tower includes the height of the portion of the structure on which it is mounted. In the case of towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

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Visual compatibility.

Facility structures and equipment shall be located, designed, and screened to reduce visual obtrusiveness and maintain compatibility with neighboring residences and the character of the community. This requirement shall apply to all applications, except when the applicant submits technical evidence that clearly depicts the need for a facility without screening, inability to camouflage the facility. The requirements for screening may be modified only after evidence is accepted by the decision-making body.

The following requirements shall apply to the design and location of all major wireless communication facilities.

1. The visual exterior surface of wireless communication support facilities, including vaults, equipment rooms, utilities, and

   • equipment enclosures, shall be constructed out of non-reflective and non-flammable materials.

   • 2. Support facilities shall not be taller than 15 feet in height and shall be designed to look like a building or facility typically found in the area in which the facility is located.

   3. Support facilities proposed on hillsides, hilltops, or other visually sensitive areas shall be located and/or designed as follows:

      • a. Sited below the ridgeline; b. Designed to minimize their profile;

   • c. Placed underground, depressed, or located behind earth berms; or

   • d. Designed to resemble a natural feature of the surrounding landscape.

   • 4. All buildings, poles, towers, antenna supports, antennas, and other components of each wireless communication site shall be finished in a color that will minimize their visibility to the greatest extent feasible.

• The design of communication towers shall include anti-climbing features to reduce the potential for trespass and injury. Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner prior to the final building inspection by the Division of Building and Safety.

Signs prohibited. The use of any portion of a communication facility for signs other than warning or equipment information is prohibited.

Lighting. Exterior lighting of major wireless communication facilities shall be limited to manually operated or manned remoteoperated lights. Exterior lighting shall be kept off except when personnel are present and shall not illuminate the site at any other time. Lighting required by the Airport Land Use Commission (ALUC) is exempt.

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Roads and parking. To minimize ground disturbance, major wireless communication facilities shall be served by the minimum roads needed to provide safe access and minimum parking areas needed to serve maintenance vehicles, as follows:

Existing roads and parking areas shall be used, whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the Fire Prevention Bureau and the Department of Public Works.

Any new roads built to serve the facility shall meet the width and structural requirements of the Fire Prevention Bureau and the Department of Public Works.

Any new parking areas constructed shall have an all-weather surface and shall be no larger than 350 square feet unless otherwise required by the Fire Prevention Bureau of the Department of Public Works.

Vegetation protection and facility screening. Major wireless communication facilities shall maintain and enhance existing native vegetation and install suitable landscaping to screen the facility, as described below. See Section 17.94.050 for the landscape and maintenance plan and tree protection plan requirements.

Existing trees and other screening vegetation in the vicinity of the facility and along the access roads and power or communication line routes shall be protected from damage, both during the construction period and thereafter, as follows:

1. Grading, cutting, filling, and the storage or parking of equipment or vehicles shall be prohibited in landscaped areas as shown on the landscape plan and within the drip line of any trees required to be preserved. Such areas shall be fenced to the satisfaction of the Director. Trash, construction debris, or spoils shall not be placed within these fences nor shall the fences henceforth be opened or moved until the project is complete and written approval to take the fences down has been received from the Director.

2. All underground lines shall be routed such that a minimum

amount of damage is done to tree root systems.

All areas disturbed during construction other than the access road or parking areas shall be replanted with vegetation compatible with vegetation in the surrounding area to the satisfaction of the Director.

All vegetation on the site shall be maintained in a healthy and attractive condition. If any vegetation dies, it shall be replaced within six months as follows:

1. Vegetation planted as implementation of the landscape plan shall be replaced with species of the same size and suitable variety.

2. Native vegetation that dies as a result of construction or operation of the communication facility may be replaced at the discretion of the Director with similar species of a size acceptable to the Director to ensure rapid return to the preexisting condition.

No vegetation shall be removed after completion of construction of the major wireless communication facility that would increase the visibility of the facility itself or the access road and power or communication lines serving it, except when required by the Fire Prevention Bureau to abate a fire hazard or authorized by the Director to prevent blocking transmission capabilities.

Fire prevention. Major wireless communication facilities shall be designed and operated to minimize the risk of igniting a fire or intensifying one that otherwise occurs. The following measures shall be implemented when determined necessary by the Fire Prevention Bureau:

At a minimum, one-hour fire-resistant interior surfaces shall be used in the construction of all buildings.

Monitored automatic fire extinguishing systems approved by the Fire Prevention Bureau and rapid entry systems shall be installed in all equipment, buildings, and enclosures.

Vegetation clearance for fire hazard reduction may be required around all new structures and along access roads as determined by the Fire Prevention Bureau.

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All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to the final inspection under the building permit.

Noise. Major wireless communication facilities shall be constructed and operated to minimize the amount of disruption caused to the residents of nearby homes and the users of nearby public parks and trails. All the following measures shall be implemented to minimize disruption:

Construction activities shall only take place on weekdays, Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m. and shall be prohibited on Saturday, Sunday, and County holidays, unless otherwise approved by the Director.

All generators shall be enclosed within buildings.

Noise attenuation measures shall be included to reduce noise levels to an exterior noise level consistent with the requirements of the Tuolumne County General Plan at each property line.

Exterior testing of equipment and maintenance activities shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m. This restriction shall not apply to emergency situations or to an impending failure of the communication system.

Radio frequency emissions regulations. Major wireless communication facilities shall be sited, constructed, and operated so they comply with the radio frequency emission regulations of the Federal Communications Commission. A major wireless communion facility shall not emit radio frequency emissions to exceed those permitted by the Federal Communications Commission regulations.

Co-located and multiple-user facilities . The alternatives analysis required under Section 17.94.050(B)(6) shall address the potential for colocation at an existing or new site and the potential to locate facilities as close as possible to the intended service area.

All co-located and multiple-user wireless communication facilities shall be designed to promote and enable facility and site sharing, including parking areas, access roads, utilities

and equipment buildings, to minimize overall visual impact to the community.

Any new facility shall make available unutilized space for co-location of other telecommunication facilities, including space for these entities providing similar, competing services. A good-faith effort in achieving colocation shall be required of the host entity. Requests for utilization of facility space and responses to such requests shall be made in a timely manner and in writing, and copies shall be provided to the Community Development Department. Co-location is not required in cases where the addition of the new services or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host to go offline for a significant period. An applicant shall submit an engineering report substantiating the fact that an existing tower or structure cannot support colocation of additional equipment.

If the establishment of facilities on a site or parcel already improved with an existing microwave band or other public service use or facility is anticipated to create interference, approval shall include provisions for the relocation of said existing public use facilities. All costs associated with said relocation shall be borne by the applicant for the additional facilities.

A co-located facility shall be a permitted use not subject to a County discretionary permit if the co-located facility on which the co-located facility is proposed was subject to a discretionary permit by the County and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the co-located facility in compliance with the California Environmental Quality Act (Division 13, commencing with Section 21000, of the Public Resources Code); the requirements of Section 21166 do not apply; and the co-located facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

Abandonment of facility. A major wireless communication facility that has not been used for 18 months shall be deemed abandoned and shall be removed in accordance with the agreement to maintain and remove the facility referenced in Section 17.94.220.

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. Agreement and security to maintain and remove facility . An agreement to maintain the major wireless communication facility or to remove it upon abandonment of the facility or if it becomes structurally obsolete shall be signed by the owner of the property on which the facility is proposed and be submitted along with a security in the form of a letter of credit, certificate of deposit or other security as approved by the director to guarantee maintenance and removal of the major wireless communication facility to the director prior to issuance of a building permit for the communication facility. The amount of the security shall be based upon a County-approved (either verified by County-appointed engineer or approved by the Director) engineer’s estimate submitted by the property owner for the cost of maintaining the facility over the life of the facility and the cost to remove the facility. The agreement shall bind the property owner and the property owner’s successors-in-interest to properly maintain the exterior appearance of and ultimately remove the facility in compliance with the provisions of this chapter and any conditions of approval of the Use Permit. It shall further bind them to pay all costs for monitoring compliance with, and enforcement of, the agreement and to reimburse the County for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the County or its agents to enter into the agreement on behalf of the County. If the owner of the property is bonding with another agency, Tuolumne County must be able to access that bond money, otherwise a separate bond with the County is required. If payment is not made, and the required service is not performed, a lien will be rendered by the County on the real property for the actual cost to the County to abate the situation resulting from the failure of performance of the terms of the agreement.

Indemnification . The property owner, and the successor in interest, shall defend, indemnify, and hold harmless the County of Tuolumne, its officers, agents, and employees from any and all claims, actions, proceedings, or liability of any nature whatsoever (including attorney fees and costs awards) arising out of, or in connection with the County’s issuance of, an entitlement to establish or modify a wireless communication facility. This indemnification obligation shall extend to any effort to attack, set aside, void, or otherwise reverse or modify the issuance or modification of an entitlement under this chapter, including claims that the County acted negligently.

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