3.13 for measurement of building height) unless one of the following apply:

a.

The height standard in Section 8175-5.20.3(h)(4)(d) applies when a building-concealed facility is located in a rooftop addition such as a cupola, faux chimney, or similar type of roof structure or architectural projection (see Section 8175-4.8). Architectural projections (e.g., steeples or bell towers) which are traditionally attached to assembly use buildings, such as community centers or churches, may extend above the height standard if the architectural projection is proportionate to the structure to which it is attached.

b.

An existing building that exceeds the maximum building height limit (i.e., a legally non-conforming structure) may be used to conceal a wireless communication facility.

(4)

Stealth Facility Height. The maximum heights of specific types of stealth facilities are as follows:

a.

The maximum height of a faux structure is defined in Table 1 below or, alternatively, the maximum height may be calculated as the average height of similar (representative) structures found in the local setting plus five (5) feet, whichever is less.

Table 1 Maximum Height of Faux Structures

Type of Structure Maximum Height

Faux Water Tank 50 feet

Faux Windmill 50 feet

Faux Flag Pole 50 feet

Faux Light Pole 40 feet

Faux Utility Pole 40 feet

b.

Faux trees shall maintain a natural appearance and shall be similar in height to nearby trees (see subsections i, ii, and iii below). The maximum allowable height of a faux tree shall be as follows:

i.

No Nearby Trees. Maximum heights in Table 2 apply if there are no trees within a 150-foot radius of the faux tree.

Table 2 Maximum Height of Faux Trees*

Type of Structure Maximum Height

Mono-Broadleafs* 60 feet

Mono-Palm* 65 feet

Mono-Pine* 80 feet

*See Section 8175-5.20.3(r) for tree planting height requirements and Section 8178-8.4.1.2 for restrictions on the types of trees which can be planted in the coastal zone.

ii.

Tree Canopy. The maximum height of a faux tree located within, or adjacent to, a tree canopy may extend up to fifteen (15) feet above the height of the existing tree canopy when both of the criteria listed below are met:

•

The applicant demonstrates, to the satisfaction of the Planning Director, that a lower faux tree height would result in obstructed coverage of the proposed facility due to the existing tree canopy; and

•

The average tree height of the canopy is at least thirty (30) feet high, and the nearest tree in the canopy is located within one hundred fifty (150) feet of the faux tree; and the faux tree is sited behind the canopy relative to public viewing areas.

Calculations for the height of the existing tree canopy may be increased to include the estimated growth of trees within the canopy at the end of the permit period, provided that such estimates are prepared by a certified arborist.

•

Surrounding Trees (non-canopy). A faux tree may extend up to five (5) feet above the maximum height of trees within a 150-foot radius. The maximum height of surrounding trees should be measured using existing tree heights, unless a certified arborist provides an estimated maximum height that includes average growth of the surrounding trees at the end of the permit period.

*The maximum height limits for faux trees are based on the height of a mature tree for selected species, as established by the U.S. Department of Agriculture, Natural Resources Conservation Service's plants database.

c.

Slim-line pole wireless communication facilities shall not exceed fifty (50) feet in height.

d.

Roof-mounted wireless communication facilities shall not exceed six (6) feet in height from the finished roof of the existing building.

e.

Flush-mounted wireless communication facilities shall not extend above the finished building height. If mounted on a structure other than a building, such as a pole, then the antenna shall not extend more than six (6) feet above the structure.

(i)

Setbacks.

(1)

All wireless communication facilities shall comply with the required minimum front, side, and rear yard setbacks for the zone in which the site is located. No portion of an antenna array shall extend beyond the property lines.

(2)

Ground-mounted wireless communication facilities shall be set back a distance equal to the total facility height or fifty (50) feet, whichever is greater, from any offsite dwelling unit.

(3)

Whenever feasible, a new ground-mounted wireless communication facility shall be set back from a property line to avoid creating the need for fuel modification zone clearance on adjacent properties.

(j)

Retention of Concealment Elements. No modification of an existing wireless communication facility shall be authorized that would defeat the concealment elements of the permitted facility. Concealment elements are defeated if any of the following occur:

(1)

A stealth facility is modified to such a degree that it results in a non-stealth facility; or

(2)

The stealth facility no longer meets the applicable development standards for stealth facilities in Sections 8175-5.20.3 and 8175- 5.20.4(a); or

(3)

Equipment and antennas are no longer concealed by the permitted stealth design features; or

(4)

Proposed modifications to a stealth facility, designed to represent a commonly found element in the environment or community (such as a tree, rock, or building), result in a facility that no longer resembles the commonly found element due to its modified height, size, or design.

(k)

Additional Standards for Specific Types of Wireless Communication Facilities:

(1)

Building-Concealed Facilities.

a.

Wireless communication facilities shall not increase building width or create building features that protrude beyond the exterior walls of the building.

b.

Wireless communication facilities concealed within a building addition shall be limited to the area/volume required for the wireless technology and shall not increase habitable floor area, include general storage area, or provide any use other than wireless technology concealment. Building additions shall only be approved where the addition would otherwise be allowed consistent with all other policies and provisions of the LCP, including zone standards.

(2)

Roof-Mounted Facilities.

a.

Shall be hidden by an existing or newly created building or architectural feature (such as a parapet), or shall be concealed from public viewing areas using architectural features, screening devices, or by siting the facility so that it is concealed from offsite viewpoints.

b.

Shall be compatible with the architectural style, color, texture, façade design, and materials and shall be proportional to the scale and size of the building. Newly created architectural features or wireless equipment shall not protrude beyond the exterior walls of the building.

(3)

Flush-Mounted Facilities. A wireless communication facility may be flush-mounted on a building or other structure pursuant to the following standards:

a.

Shall be designed as a stealth facility and shall be compatible with the architectural style, color, texture, façade, and materials of the structure. Panel antennas shall not interrupt architectural lines of building façades, including the length and width of the portion of the façade on which it is mounted. Mounting brackets, pipes, and coaxial cable shall be screened from view.

b.

Any light pole, utility pole, or traffic signal with a flush-mounted wireless communication facility must exhibit a similar appearance to existing local light poles, utility poles, and traffic signals.

c.

Should be attached to a vertical surface. However, when flush-mounting is infeasible, the facility may be mounted atop a light pole, atop a traffic signal pole, or hung from a utility pole on a horizontal antenna mount. Panel antennas shall be mounted no more than eighteen (18) inches from building surfaces or poles, and shall appear as an integral part of the structure. Panel antennas may be

mounted a greater distance than eighteen (18) inches from lattice towers, utility poles, and other industrial structures provided that concealment elements are not defeated (see above Section 8175-5.20.3(j)).

d.

Associated equipment for the antenna is located inside an existing building, on a rooftop, underground, at the ground level, or on a pole other than a slim-line pole.

(4)

Faux Trees.

a.

Shall incorporate a sufficient amount of "structural branches" (including density and vertical height) and design materials (e.g., faux bark) so that the structure is as natural in appearance as technically feasible.

b.

Antennas and antenna support structures shall be screened or colored to match the components (i.e., branches and leaves) of the faux tree.

c.

Shall be the same type of tree (i.e., similar in color, height, shape, etc.) as existing trees in the surrounding area (i.e., within approximately a 150-foot radius of the proposed facility location). If there are no existing trees, see tree planting requirements in Section 8175-5.20.3(r).

d.

Wireless communication facilities designed as a faux tree shall not resemble non-native, invasive trees (see Appendix L6, Invasive Plant List).

(5)

Monorocks.

a.

Shall only be located in areas with existing, natural rock outcroppings.

b.

Shall match the color, texture, and scale of rock outcroppings adjacent to the proposed project site.

c.

Shall not destabilize or substantially alter existing, natural rock outcroppings.

(6)

Other Stealth Facilities:

a.

Faux structure types, including but not limited to water tanks, flag poles, windmills, and light poles, may be used as a stealth facility when that type of structure is commonly found within the local setting of the wireless communication facility.

b.

Any faux light pole or faux utility pole must exhibit a similar appearance (e.g., color, materials. shape, etc.) to existing light poles or utility poles within that vicinity.

c.

Slim-line poles may be utilized in settings which are deficient in existing structures or trees and where the planting of new trees is not feasible. Such facilities shall utilize flush-mounted antenna and shall not have mechanical equipment arms or antenna arrays extending from the sides. The pole diameter shall be the minimal width necessary to provide structural support, and shall not exceed sixteen (16) inches. Facility color and materials shall be selected to visually blend into the setting. Associated equipment for the antenna shall be located inside an existing building, on a rooftop, underground, or at the ground level but shall not be located on the pole.

(7)

Other Concealment Techniques. A non-stealth facility permitted in accordance with Section 8175-5.20.3(b) shall include technically feasible camouflage or concealment design elements that minimize visual impacts. Such elements may include the following:

a.

Coloration, texture, location, and orientation techniques that blend the facility into the existing setting;

b.

Tree planting, concealment within a grove of trees, and other screening techniques listed in Section 8175-5.20.3(r).

(l)

Historical Landmarks/Sites of Merit. A wireless communication facility shall not be constructed, placed, or installed on a structure, site or district designated by a federal, state, or County agency as an historical landmark or site of merit unless that facility is designed to meet the Secretary of the Interior's (SOI) Standards. If the facility does not meet these standards, then the Cultural Heritage Board must determine that the proposed facility will have no significant, adverse effect on the historical resource.

(m)

Environmentally Sensitive Habitat Areas. All wireless communication facilities and their accessory equipment in environmentally sensitive habitat areas shall be sited, designed, and conditioned as follows:

(1)

The placement of facilities within ESHA or an ESHA buffer zone shall be restricted (see restricted location regulations in Section 8175- 5.20.3(g)).

(2)

The facility shall be designed to minimize the size of the footprint and removal of vegetation, including all associated development and required fuel modification.

(3)

Where feasible, the facility shall be located in an existing, legally disturbed area.

(4)

Wireless communication facilities shall have daytime visual markers on guy wires to prevent collisions by birds.

(5)

All impacts on ESHA due to the development of wireless communication facilities shall be mitigated.

(n)

Ridgelines. All wireless communication facilities and associated accessory equipment on ridgelines shall be sited, designed, and conditioned as follows:

(1)

The placement of facilities on a ridgetop, or on a ridge where the facility is a silhouette above the ridgeline, shall be restricted (see restricted location regulations in Section 8175-5.20.3(g)).

(2)

The placement of facilities on a ridge where the facility is not located on the ridgetop and is not a silhouette shall be avoided (see non- preferred location regulations in Section 8175-5.20.3(f)).

(3)

Where a wireless communication facility is allowable on or along a ridgeline, the feasible alternative with the fewest and least significant impacts on Coastal resources shall be selected and all impacts shall be fully mitigated

(4)

Facilities sited on a ridgeline or hillside shall blend with the surrounding natural and man-made environment to the maximum extent possible. Blending techniques that should be utilized include the use of non-reflective materials, paint, or enamel to blend exterior surfaces with background color(s); the placement of facilities behind earth berms or existing vegetation; siting of associated equipment below ridgelines, and the use of small stealth facilities (such as stealth slim-line poles or whip antennas) that blend in with the surrounding vegetation.

(o)

Public Viewing Areas. Wireless communication facilities that are prominently visible from public viewing areas, including a designated or eligible scenic highway shall be sited, designed, and conditioned to achieve the following:

(1)

Minimize visibility from public viewing areas by reducing mass and height or by siting the facility away from public viewing areas.

(2)

Minimize grading, landform alteration, and clearance of vegetation.

(p)

Accessory Equipment. All accessory equipment associated with the operation of a wireless communication facility shall be incorporated within existing structures, located underground, or placed at ground-level and screened to prevent the facility from being prominently visible from a public viewing area to the maximum extent feasible. If such locations are not feasible, then accessory equipment may be located on a utility pole or other structure, provided that the equipment meets the following standards:

(1)

The battery cabinet, amplifiers, microwave antennas, and equipment mounts shall be designed or painted to match the color of the support structure;

(2)

The battery cabinets shall be located within three (3) feet of the ground surface unless this placement would impede access pursuant to the Americans with Disabilities Act; and

(3)

Cables shall be installed within steel poles when feasible. External cables shall be taut and loops of cable shall not be exposed.

Also see Section 8175-5.20.4(a)(5) for equipment boxes and cabinets located on wireless communication facilities in the road right-of- way.

(q)

Colors and Materials. All wireless communication facilities shall use materials and colors that blend in with the natural or man-made surroundings. Highly reflective materials are prohibited.

(r)

Landscaping for Screening. If landscaping is used to screen a facility, the following standards apply:

(1)

The permittee shall plant, irrigate and maintain drought-tolerant landscaping during the life of the permit when such vegetation is deemed necessary to screen the wireless communication facility from being prominently visible from a public viewing area.

(2)

New landscaping of a sufficient height and density shall be planted to provide the desired effect within three (3) years of growth. Landscaping trees shall be planted at a sufficient height to reach seventy-five (75) percent of the faux tree's height within five (5) years of growth.

(3)

If there are no existing trees within the surrounding area of a faux tree (i.e., within approximately a 150-foot radius of the proposed facility location), the vicinity of the facility shall be landscaped with newly planted native, or non-invasive trees (see Section 8178- 8.4.1.2). The trees should be compatible with the faux tree design.

(4)

New trees required as part of a landscape plan for a faux tree shall be a minimum size of 36-inch box to help ensure survival of the tree. Palm trees shall have a minimum brown trunk height of sixteen (16) feet.

(s)

Security.

(1)

Each wireless communication facility shall be designed to prevent unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations or visual blight. The approving authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism. All security measures shall be evaluated as part of the wireless communication facility permit and shall be sited and designed in a manner that is most protective of coastal resources.

(2)

All fences shall be constructed of materials and colors that blend in with the existing setting. The use of a chain link fence is prohibited except where the chain link fence is not visible from a public viewing area.

(t)

Lighting.

(1)

Any necessary security lighting shall be down shielded and controlled using motion sensors to minimize glare and light directed at adjacent properties or environmentally sensitive habitats areas (see also Section 8178-2.6.15 for additional regulations for outdoor lighting in ESHA and buffer zone).

(2)

Other types of illumination may be permitted when required by the Federal Aviation Administration (FAA).

(3)

Wireless communication facilities greater than two hundred (200) feet in height shall not exceed FAA standards for pilot warning and obstruction avoidance lighting. If such a facility is located within the Santa Monica Mountains (M) Overlay zone, see Section 8177- 4.1.11.5(j) for additional lighting requirements.

(u)

Signage. A permanent, weather-proof identification sign, subject to the sign regulations in Section 8175-5.13, shall be displayed at eye level in a prominent location and shall be directly attached to the facility, on any utility pole which the facility is mounted, or on the

gate or fence surrounding the wireless communication facility. The sign must identify the current facility operator(s), provide the operator's address, and specify a local or toll-free 24-hour telephone number at which the operator can be reached for response to a maintenance issue or during an emergency.

(v)

Access Roads.

(1)

Where feasible, wireless communication facility sites shall be accessed by existing public or private access roads and easements.

When the construction of a new access road cannot be avoided, the road shall be sited in a manner that is most protective of coastal resources and shall only be approved when consistent with all other policies and provisions of the LCP.

(Ord. No. 4498, § 3, 12-6-2016; Ord. No. 4586, 10-19-2021)

8175-5.20.4 - Development standards for wireless communication facilities located in the public rights-of-way.

Development standards for wireless communication facilities in the public road rights-of-way shall be used in conjunction with applicable standards in Section 8175-5.20.3 above. In addition to the permit issued by the Planning Division, a wireless communication facility in the public rights-of-way will also require an encroachment permit from the California Department of Transportation or the Ventura County Public Works Agency. This section allows for the placement of wireless communication facilities within public road rights-of-way along existing developed roadways and does not apply to undeveloped public road rights-of-way.

(a)

Within the public road right-of-way, a wireless communication facility shall be designed as a stealth facility pursuant to Section 8172- 1, and the facility shall meet the following standards:

(1)

The preferred type of stealth facility is a flush-mounted wireless communication facility on an existing pole(s) (see height standards listed in Section 8175-5.20.3(h)(4)(e) and other standards in Section 8175-5.20.3(k)(3));

(2)

In order to minimize impacts to scenic resources, facility size should be minimized, and physically smaller facilities should be selected over larger facilities when both options provide adequate coverage;

(3)

Facility height shall be minimized, and the height of ground-mounted, wireless communication facilities shall be limited to the minimum height necessary to provide adequate service or coverage, or the height standards listed in Section 8175-5.20.3(h), whichever is less;

(4)

Antenna shall be screened by radio frequency transparent materials, vegetation, existing signs or other elements within the existing setting, unless the screening would substantially increase the visual profile of the antenna or the support structure;

(5)

Equipment boxes or cabinets shall be ground-mounted or located underground within the parkway segment of the public right-of- way, except when such locations would conflict with existing utilities, would conflict with Caltrans freeway on and off-ramps, or result in the removal of ESHA. In such cases, the equipment box or cabinet shall be mounted behind a sign or within an existing structure. Equipment boxes or cabinets also may be mounted on a structure, such as a utility pole, under the following circumstances: (a) the roadway is not identified as an eligible scenic highway, and (b) substantial evidence exists that mounting the equipment on the support structure will not result in visual impacts. Equipment boxes shall be mounted on the existing support structure (e.g., utility pole) pursuant to the standards in Section 8175-5.20.3(p); and

(6)

The wireless communication facility shall not interfere with public access to and along the coastline, or with the operation of any transportation facility, conflict with requirements of the Americans with Disabilities Act, block or reduce coastal access, or obstruct visibility within the public right-of-way.

(b)

Data collection units may be mounted on an existing utility pole (e.g., light pole or electricity transmission line pole) within the public road right-of-way along existing developed roadways, provided that all of the following standards are met:

(1)

Whip antennas do not exceed thirty-six (36) inches in length;

(2)

Solar panels do not exceed six (6) square feet in area;

(3)

Collection unit boxes do not exceed one and one-half (1.5) cubic feet in volume;

(4)

Each data collection unit is sited at least three hundred (300) feet from other data collection units within the same network; and

(5)

The design (materials, colors, shape, etc.) for the data collection unit blends into the surrounding environment through the following methods:

a.

The collection unit box, non-photovoltaic surfaces of the solar panel, and equipment mounts are designed or painted to match the color of the support structure;

b.

Batteries are located on the ground or underground; and

c.

Cables are taut and loops of cables are not exposed.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.5 - Compliance with federal, state and local law and regulations.

The development and operation of wireless communication facilities must comply with all applicable federal, state and local laws, including all standards and regulations of the Federal Communications Commission (FCC).

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.5.1 - Preemption documentation requirement.

In the circumstances listed below, the applicant must demonstrate, through written documentation referenced in Section 8175- 5.20.10(i) and (j) below or as otherwise requested by the Planning Director, to the satisfaction of the decision-making authority, that the County's authority to require compliance with the applicable standards and requirements are preempted by federal or state law, including but not limited to the Federal Telecommunications Act of 1996:

(a)

Development of a non-stealth wireless communication facility pursuant to Section 8175-5.20.3(b), or

(b)

Any wireless communication facility in a restricted location pursuant to Section 8175-5.20.3(g), or

(c)

Any wireless communication facility that does not meet all applicable policies and standards of the LCP.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.6 - Collocation.

Any proposed collocation may be processed pursuant to a permit modification in Section 8175-5.20.12.1. Collocations which do not qualify for modification in Section 8175-5.20.12.1 or Section 8175-5.20.12.2 may alternatively be processed pursuant to or Section 8175-5.20.12.3. Non-stealth facilities shall not be collocated onto stealth facilities.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.7 - Maintenance and monitoring.

(a)

Periodic Inspection: The County reserves the right to undertake periodic inspection of a permitted wireless communication facility in accordance with Section 8183-5.

(b)

Maintenance of Facility: The permittee shall routinely inspect each wireless communication facility, as outlined in the approved maintenance and monitoring plan, to ensure compliance with the standards set forth in Sections 8175-5.20.3 and 8175-5.20.4(a) and the permit conditions of approval. The permittee shall maintain the facility in a manner comparable to its condition at the time of installation. If repair and maintenance is not sufficient to return the facility to its physical condition at the time of installation, the permittee shall obtain all required permits and replace the facility to continue the permitted operation or shall abandon the facility in compliance with the requirements of Sections 8175-5.20.16 through 8175-5.20.18.

(c)

Graffiti: The permittee shall remove graffiti from a facility within ten (10) working days from the time of notification. For facilities located within the public rights-of-way, graffiti removal shall occur within forty-eight (48) hours of notification.

(d)

Landscape and Screening: All trees, foliage, or other landscaping elements approved as part of a wireless communication facility shall be maintained in good condition during the life of the permit in conformance with the approved landscape plan (see Section 8178-8). The permittee shall be responsible for replacing any damaged, dead, or decayed landscape vegetation.

(e)

Hours of Maintenance: Except for emergency repairs, backup generator testing and maintenance activities that are audible to an off- site, noise-sensitive receptor shall only occur on weekdays between the hours of 8:00 a.m. and 8:00 p.m.

(f)

Transfer of Ownership:

(1)

In the event that the permittee sells or transfers its interest in a wireless communication facility, the succeeding operator shall become the new permittee responsible for ensuring compliance with the permit for the wireless communication facility, including all conditions of approval, and all other relevant federal, state and local laws and regulations.

(2)

The permittee (or succeeding permittee) shall file, as an initial notice with the Planning Director, the new permittee's contact information such as the name, address, telephone/FAX number(s), and email address.

(3)

The permittee shall provide the Planning Director with a final written notice within thirty (30) days after the transfer of ownership and/or operational control has occurred. The final notice of transfer must include the effective date and time of the transfer and a letter signed by the new permittee agreeing to comply with all conditions of the County permit, including updates to signage with current operator information (see Section 8175-5.20.3(u)).

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.8 - Technical expert review.

The County may contract for the services of a qualified technical expert to supplement Planning Division staff in the review of proposed wireless communication facilities. Technical expert review may include, but is not limited to, the permittee's compliance with the development standards listed in Sections 8175-5.20.3 and 8175-5.20.4(a), technical documents related to radio frequency emissions, alternative site analyses, propagation diagrams, and other relevant technical issues.

The use of a qualified technical expert shall be at the permittee's expense, and the cost of these services shall be levied in addition to all other applicable fees associated with the project. The technical expert shall work under a contract with and administered by the County. If proprietary information is disclosed to the County or the hired technical expert, such information shall remain confidential in accordance with applicable California laws.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.9 - Temporary wireless communication facilities.

A temporary wireless communication facility, such as a "cell-on-wheels" (COW), shall be processed as an accessory use under a County permit. A temporary wireless communication facility may be used during each of the following events or activities: (1) temporary events, (2) public emergencies, and (3) while an existing facility is relocated or rebuilt. Once the event or activity is complete, or once the emergency permit expires, the temporary facility shall be removed from the site within three (3) business days.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.10 - Permit application requirements.

In addition to meeting standard application requirements of Section 8181-5, the applicant requesting a new or modified wireless communication facility permit shall be required to submit the following information.

(a)

Project Description. A written project description for the proposed wireless communication facility that includes, but is not limited to, a general description of the existing land use setting, the type of facility, visibility from public viewing areas, proximity to ESHA, proximity to coastal access and public trails, stealth design features, propagation diagrams, on and off-site access, grading, fuel modification requirements, landscaping, and facility components (support structure, antennas, equipment shelters or cabinets, emergency back-up generators with fuel storage, security measures, etc.).

(b)

Visual Impact Analysis. A visual impact analysis includes photo simulations and other visual information, as necessary, to determine visual impact of the proposed wireless communication facility on the existing setting or to determine compliance with design standards established by this Section. At least three (3) photo simulations shall include "before" and "after" renderings of the site, its surroundings, the proposed facility and antennas at maximum height, and any structures, vegetation, or topography that will visually screen or blend the proposed facility into its setting when viewed from a public viewing area. The visual impact analysis should include views from the closest or most prominent public viewing areas to the proposed facility. For building-mounted wireless communication facilities that cannot be seen from a public viewing area, include a close-in simulation which shows the relationship between the proposed facility and surrounding buildings or architectural features. All photo simulations and other graphic illustrations shall include accurate scale and coloration of the proposed facility.

(c)

Authorization and License Information. A letter of authorization from the property owner and the communications carrier that demonstrates knowledge and acceptance of the applicant's proposed project's structures and uses on the subject property. This

information shall also include a copy of the FCC radio spectrum lease agreement or the FCC registration number (FRN).

(d)

FCC Compliance. Documentation prepared by a qualified radio frequency engineer that demonstrates the proposed wireless communication facility will operate in compliance with applicable FCC Regulations. Documentation of FCC compliance shall be required for all wireless communication facility permits, including permit modifications.

(e)

Site Plan and Design Specifications. This documentation shall fully describe the project proposed, all on- and off-site improvements, and include information such as: scale, property information, facility dimension/orientation, a vicinity map, a project information list, delineated physical site features, grading statistics, elevation plans, manufacturer equipment specifications, and components required to address fire prevention, water conservation, and satisfy other regulatory requirements.

(f)

Maintenance and Monitoring Plan. A maintenance and monitoring plan shall describe the type and frequency of required maintenance activities to ensure continuous upkeep of the facility and other components of the project.

(g)

Noise/Acoustical Information. This documentation shall include manufacturer's specifications for all noise-generating and noise attenuating equipment, such as air conditioning units and back-up generators, as well as a scaled diagram or site plan that depicts the equipment location in relation to adjoining properties.

(h)

Hazardous Materials. This documentation shall include the quantity, type, purpose, and storage location for containment of hazardous materials, such as the fuel and battery back-up equipment, proposed for the wireless communication facility.

The Planning Division may require that the applicant submit the following additional application materials and information as well:

(i)

Propagation Diagram. Propagation diagrams showing the type and extent of the signal coverage of the applicable regulated carrier shall be required if the proposed wireless communication facility would exceed thirty (30) feet in height, and may be required at lower heights if the facility is proposed on or along a ridge, within the Santa Monica Mountains (M) overlay zone, or is visible from a public viewing area. Propagation diagrams shall be required for facilities listed in Section 8175-5.20.5.1. One (1) or more propagation diagrams or other evidence may be required to demonstrate that the proposed wireless communication facility is the minimum height necessary to provide adequate service (i.e., radio frequency coverage) in an area served by the carrier proposing the facility. Existing obstacles such as buildings, topography, or vegetation that cannot adequately be represented in the propagation diagrams, yet may cause significant signal loss and therefore require additional facility height, should be clearly described and/or illustrated through additional visual analyses, such as line-of-sight or 3-D modeling diagrams.

(j)

Alternative Site Analysis. An alternative site analysis shall be required if the wireless communication facility is proposed as a non- stealth facility (Section 8175-5.20.3(b) or is sited outside a "preferred" location (Section 8175-55.20.3(e)). An alternative sites analysis also may be required, as needed, to determine that the facility is sited in a manner that is most protective of coastal resources. The alternative site analysis shall include the following documentation:

(1)

Substantial Evidence that the applicant has attempted to site the facility in accordance with the preferred, neutral, non-preferred, and restricted location "siting criteria" in Section 8175-5.20.3(d), (e), (f), and (g);

(2)

Analysis of alternative sites and facility configurations, including potential collocation and locations outside of the coastal zone, that would provide coverage of the subject area as demonstrated on a series of alternative propagation diagrams;

(3)

Analysis and conclusions, prepared by an applicable qualified professional, that describes how each alternative site will avoid or minimize impacts on coastal resources (e.g., ESHA, public access, scenic resources, etc.) to the maximum extent feasible, consistent with the provisions of the LCP;

(4)

Demonstrated efforts to secure alternative sites or collocate the proposed facility on an existing facility — including copies of correspondence sent to other landowners, carriers, or wireless communication facility owners requesting a site lease or collocation on their facilities. If alternative sites or collocation are not feasible, the applicant shall demonstrate to the satisfaction of the Planning Division that technical, physical, or legal obstacles render alternative sites or collocation infeasible.

Lack of ownership, leases, or permits for alternate sites shall not suffice as a valid consideration regarding the feasibility of alternate sites unless the applicant demonstrates that substantial efforts were made to obtain ownership, leases or permits for alternate sites.

The table provided below generally summarizes when an alternative sites analysis is required and how the information will be used to verify that the wireless communication facility is necessary:

Siting Criteria Alternative Sites Analysis Federal Telecommunications Technical Expert Review (Sec. 8175-5.20.3(d)) and Facility (Sec. 8175-5.20.10(j)) Act Preemption (Sec. 8175-5.20.3(a))* Type (Sec. 8175-5.20.5) (Sec. 8175-5.20.3(b))

Preferred Location

Neutral Location X

Non-Preferred Location X X

Non-Stealth Facility ≤ 80 feet in X X height

Restricted Location X X X

Non-Stealth Facility > 80 feet in X X X height

*Section 8175-5.20.8 states that the County may contract for technical expert review for any proposed wireless communication facility.

(k)

Landscape Documentation Package. When a landscape documentation package is required, it shall be prepared pursuant to the water efficient landscaping requirements of Section 8178-8. See Appendix L1 for landscape plan requirements.

(l)

Geotechnical Requirements. A geotechnical report, prepared by a California licensed engineer or a California certified engineering geologist with experience in soils engineering, shall include information such as: soils and geologic characteristics of the site, foundation design criteria, slope stability analysis; grading criteria and other pertinent information that evaluates potential geologic, fault, and liquefaction hazards, recommendations to minimize any hazards, and proposed mitigation.

(m)

Consent to Future Collocation. A written statement shall be provided that states whether or not the applicant consents to the future collocation of other wireless communication facility carriers on the proposed facility (see Section 8175-5.20.6).

(n)

Additional Information. Additional information determined by the Planning Division as necessary for processing the requested wireless communication facility entitlement.

(Ord. No. 4498, § 3, 12-6-2016; Ord. No. 4586, 10-19-2021)

8175-5.20.12 - Permit modifications.

Proposed modifications to an existing wireless communication facility shall be processed in accordance with Section 8181, except that the type of permit modification required shall be authorized as follows:

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.12.1 - Facility modifications subject to a zoning clearance.

The following modifications to an existing wireless communication facility may be processed with a zoning clearance:

(a)

Replacement of wireless communication facility equipment mounted on an existing support structure when no modifications are made to the support structure and the design and physical dimensions of the equipment decreases or remains the same. The replacement of equipment does not include replacement of the tower, pole, or base station.

(b)

Collocations that are included in and authorized by the existing permit.

(c)

Collocation on an existing building-concealed facility that is subject to an existing County permit, or an increase to the size of existing antennas within a building-concealed facility that is subject to an existing County permit, when the proposed modifications do not result in changes to the external features of the building-concealed facility (such as a building's architectural features) and when the proposed wireless communication facility equipment remains hidden within the building-concealed facility.

(d)

Modifications to equipment located within, and visually hidden by, an existing equipment shelter or cabinet, such as replacing parts and other equipment accessories provided that the size of the equipment does not exceed the size of existing equipment. Modification or replacement of an existing back-up generator shall be in compliance with maximum noise levels specified by the permit. These modifications to equipment and operations do not include replacement of the tower, pole, or base station.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.12.2 - Section 6409(a) determination.

The County shall review Section 6409(a) modification requests to determine whether such requests meet Section 6409(a) criteria. A Section 6409(a) modification shall be approved and may not be denied if the Planning Division determines that the application is complete and that the requested modification meets Section 6409(a) criteria (See "Section 6409(a) Modification" definition in Section 8172-1 and the standards in Section 8175-5.20.3(j)).

Eligible Section 6409(a) modifications shall be permitted with a Zoning Clearance. Decisions granting Section 6409(a) modifications are final when rendered and are not subject to appeal pursuant to Section 8181-9. Other County-issued permits and/or authorizations (e.g., building permits, encroachment permits, etc.) may be required to implement approved Section 6409(a) modifications.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.12.3 - Facility modifications subject to a discretionary permit.

Modifications to a wireless communication facility that cannot be processed with a Zoning Clearance, pursuant to Section 8175-