Resolution of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| (A) | Application submittal
requirements: An application for a use permit for a wireless communications
facility shall include the following materials and
information: | |||
| (1) |
A map showing the location of the
proposed facility in relation to commonly identifiable landmarks such as towns
and highways. | |||
| (2) |
A map showing the boundaries of the
parcel on which the proposed communications facility is to be located, including
all contiguous lands held by the same owner, and the location of the proposed
facility and existing improvements on the parcel. "Parcel" means a separate
parcel of land created in compliance with state laws and county ordinances, not
just an area of land being leased by a communications provider. | |||
| (3) |
A site plan drawn to scale showing
all components of the proposed facility, including towers, buildings,
generators, fuel tanks, fencing, parking areas, access roads, utility lines,
grading, tree removal and proposed new vegetation. | |||
| (4) |
Elevation drawings of the site and
facility drawn to scale showing ground elevations and relative heights of
structures and trees within 200 feet of the proposed facility, and specifying
materials and colors of proposed structures. | |||
| (5) | A description of
the facility that includes: | |||
| (a) |
The types of services to be provided by the
applicant to its customers. | |||
| (b) |
The numbers, types and dimensions of antennas and
other equipment to be installed. | |||
| (c) |
The power rating for all antennas and
equipment. | |||
| (d) |
A statement that the system by itself, and in
conjunction with other facilities in the vicinity, will conform to radio
frequency radiation emission standards adopted by the FCC. | |||
| (e) |
Capacity of the site and facility to accommodate
expansion through co-location. | |||
| (6) |
A map showing the locations of all other existing
and proposed antennas included in the applicant’s system for provision of
service within Mendocino County, showing the approximate area served by each
antenna. | |||
| (7) |
A map showing the locations of all other wireless
communications facilities subject to a use permit within five miles of the
proposed facility. | |||
| (8) |
Evidence of ownership or authorization for use of
the proposed site. Applicant shall not enter into a lease that precludes
possible co-location. | |||
| (9) |
Evidence of easements or other authorization for
proposed utility lines and for vehicular access between the site and a public
road. | |||
| (10) | Visual analysis of the proposed
facility at design capacity, including at a minimum photo montages, photo
simulations or other accurate representations of visual appearance from at least
three different locations, at least two of which shall be from public locations
from where the facility will be most visible. For locations determined by the
Director of Planning and Building Services to be especially visually sensitive,
the applicant may be requested to provide a demonstration of the proposed height
of the facility on the site in the form of a tethered balloon, a vehicle-mounted
boom, or other object raised to the proposed height. | |||
| (11) |
If the facility includes an antenna tower,
provide a detailed description of the tower and its capacity to support
additional antennas. | |||
| (12) |
A narrative discussing the factors leading to
selection of the proposed site and antenna height, including alternative sites
considered. For facilities not proposed to be co-located, the applicant shall
provide a detailed statement substantiating why co-location is not
practical. | |||
| (13) |
A statement that the applicant and successors
agree to negotiate in good faith for co-location of the proposed facility by
third parties, and to require no more than a reasonable charge for
co-location. | |||
| (14) |
The Director of the Department of Planning and
Building Services may waive submittal requirements or require additional
information based on factors specific to an individual project. The Director
may, at the applicant’s expense, require independent peer review of any
technical claims or data submitted as part of the review
process. | |||
| (B) | Standards: | |||
| (1) | General: | |||
| (a) | Communications facilities that
can co-locate with an existing facility will generally have highest preference,
followed by facilities located on existing structures or buildings, then
followed by facilities that can be designed or located so as to be visually
unobtrusive ("stealthed"). Highly visible sites and sites within or near
residential areas or schools are least preferred and will only be considered
when there is compelling evidence that no other less visible alternative
exists. | |||
| (b) |
The design of wireless communications facilities
should promote co-location among different communication services providers. To
the extent feasible, lease areas, antenna towers, and equipment structures shall
be designed to provide for the consolidation of future facilities to eliminate
or minimize the visual clutter resulting from multiple communications
structures. Applicant shall not enter into a lease that precludes possible
co-location. | |||
| (c) |
Existing facilities should make available
unutilized space for co-location of other antennas and equipment, including
space for competing communication services providers. | |||
| (d) |
If use of any portion of a communications
facility is discontinued for more than one year, such portion of the facility no
longer in use, above grade, shall be completely removed from the site, and
disused portions of the site shall be restored to a natural-appearing
condition. | |||
| (e) |
Prior to issuance of any permits for new
communications facilities, the applicant shall provide an irrevocable letter of
credit, bond, certificate of deposit, or other reasonable form of security
satisfactory to County Counsel, sufficient to fund the removal of the facility
and restoration of the site in the event that the carrier abandons operations or
fails to comply with requirements for removal of
facilities. | |||
| (f) |
No signs, other than those required or necessary
for operation of a communications facility shall be displayed on a
communications facility site. | |||
| (g) |
An identification sign for each company
responsible for operation and maintenance of facilities at the site, not larger
than two square feet, shall be posted at a location from which it can be easily
read from outside the perimeter of the communications facility, and shall
provide the name, address, and emergency telephone number of the responsible
company. | |||
| (h) | Use permits for communications
facilities shall be issued for a maximum term of ten years. | |||
| (i) |
All wireless communications facilities shall
comply with the applicable provisions of the California Building Code,
California Electrical Code, California Plumbing Code, California Mechanical
Code, California Fire Code, and rules and regulations imposed by state and
federal agencies. | |||
| (j) | Towers shall not be built with
guy wires in the absence of compelling evidence that there is no feasible
construction alternative. | |||
| (k) | Roads constructed or improved
to provide access to a communications facility shall be provided with drainage
facilities sufficient to convey storm runoff to natural drainage channels
without erosion. | |||
| (l) | Generators shall be equipped
with mufflers and spark arresters, and shall not produce noise levels exceeding
50 dBa at the nearest off site residence. Routine testing and maintenance shall
be limited to weekdays between 8:30 a.m. and 4:30 p.m. Repairs and emergency use
are not included in this limitation. | |||
| (m) | Expanded public notice may be
provided for applications for new antenna towers when deemed necessary by the
Director. In such cases, in addition to the standard notice provided to
surrounding property owners, an eighth page legal ad may be published in a local
newspaper of general circulation in lieu of a standard legal
notice. | |||
| (2) | Visual
appearance: | |||
| (a) | Communications facilities shall
be located and designed to minimize visibility and to be visually compatible
with their surroundings. | |||
| (b) |
All exterior surfaces of structures and equipment associated with a communications facility shall have subdued colors and non-reflective materials selected to blend with their surroundings. | |||
| (c) |
Co-location is required when feasible and when it minimizes adverse effects related to land use compatibility, visual resources, public safety and other environmental factors. Co-location is not required when it creates or increases such effects and/or technical evidence demonstrates to the satisfaction of the Planning Director that it is not feasible due to physical, spatial, or technological limitations. Fiscal constraints or competitive conflicts are not considered justifiable reasons for not co-locating a new facility where the opportunity for co-location exists. | |||
| (d) |
Antennas mounted on visible surfaces of buildings
or other structures shall be designed to look like an integral part of the
structure. | |||
| (e) |
Antennas mounted on the exterior walls of a
building entirely below the roof line or parapet top may extend into any
required yard setback a distance not exceeding two feet. | |||
| (f) |
Roof-mounted antennas shall be located as far
back from the edge of the roof as technically possible to minimize visibility
from street level locations. | |||
| (g) |
New communications facilities shall be
discouraged on ridge top sites where they will be silhouetted against the sky
from the surrounding community, or from highly used public
locations. | |||
| (h) |
Facility towers, antennas, buildings and other
structures and equipment visible from adjacent residences or public vantage
points, shall be designed, located, constructed, painted, screened, fenced,
landscaped or otherwise architecturally treated to minimize their appearance and
visually blend with the surrounding natural and built
environments. | |||
| (i) |
Outdoor lighting shall be kept to a minimum.
Towers requiring FAA lighting are discouraged. Tower lighting, if approved,
shall be the minimum required by FAA regulations. Towers requiring strobe
lighting shall be prohibited. Other outdoor lighting shall be designed or
located so that only reflected, non-glaring light is visible from beyond the
immediate vicinity of the site, and shall be turned off except when in use by
facility personnel. | |||
| (j) |
Satellite dishes and other parabolic antennas
shall be located in the least visible functional location on the site. In
general, preferred locations will be close to the ground, on a wall below the
roof line, or back from the edge of a roof. | |||
| (3) | Radio Frequency
Emissions: | |||
| (a) |
Every wireless communications facility, by itself
and in combination with other nearby communications facilities, shall comply
with the Federal Communications Commission’s limits for human exposure to radio
frequency electromagnetic fields | |||
| (4) | Landscaping: | |||
| (a) | Existing trees and other
vegetation which will provide screening for the proposed facility and associated
access roads shall be protected from damage during and after
construction. | |||
| (b) |
Areas of bare soil resulting from construction
shall be replanted with vegetation compatible with that existing prior to
construction, sufficient to stabilize soil and prevent
erosion. | |||
| (c) |
Additional landscaping shall be installed and
maintained where it would provide a useful reduction in the visual impact of a
communications facility. Introduced vegetation shall be native, drought tolerant
species compatible with the predominant natural setting of the project area.
Non-native drought tolerant species compatible with surrounding vegetation may
be used in urban settings. | |||
| (d) |
Communications facility sites, whether leased or
purchased, shall be of sufficient size to include vegetative screening if
landscaping would provide a useful reduction in visual
impact. | |||
| (e) |
No trees that provide visual screening of the
communications facility shall be removed after project completion except to
comply with fire safety regulations or to eliminate safety hazards. Tree
trimming shall be limited to the minimum necessary for operation of the
facility. | |||
| (5) | Public Health and
Safety: | |||
| (a) | Communications facilities shall
incorporate reasonable security measures to prevent unauthorized access or
vandalism. | |||
| (b) |
Communications facilities shall comply with
California Department of Forestry Fire Safe Regulations, or with local fire
agency requirements. | |||
| (c) | Equipment buildings and
enclosures shall be equipped with automatic fire extinguishing systems
acceptable to the responsible fire agency. | |||
| (d) |
Antennas and antenna towers shall be inspected
every ten years, and following significant storm or seismic events, by a
structural engineer licensed in the state of California to assess their
structural integrity, and a report of the engineer’s findings shall be submitted
to the Planning and Building Services Department. Costs of the inspection and
report shall be borne by the applicant. | |||
| (e) |
Communications facilities intended to provide
services for the benefit of the general public during an emergency shall be
designed to survive possible storm or seismic events without interruption of
service. | |||
| (f) |
Prior to commencement of operations, all surplus
construction materials and debris, including cleared vegetation, shall be
removed from the site to a proper disposal facility. Thereafter the site shall
be kept free of refuse. | |||
| (g) |
Antenna towers shall be subject to setbacks
required by the County Zoning Code, and shall be set back a minimum of 110% of
the overall height from any property line, and a minimum of 500% of the overall
height from any off-site residence or school. Tower setbacks in excess of
setbacks required by the Zoning Code may be reduced under any one of the
following circumstances: | |||
| (i) | The facility is proposed to be co-located
with an existing, legally-established communications facility. | |||
| (ii) |
All of the owners of affected properties agree to
the reduced setback. A property is considered affected if its dwelling unit lies
within a distance equivalent to the required setback for the subject tower prior
to reduction and the reduced setback would result in the tower being located
closer to the dwelling unit than the above setback would otherwise
allow. | |||
| (iii) |
Overall, the reduced setback enables greater
mitigation of adverse visual and other environmental impacts than would
otherwise be possible. | |||
| (C) | Definitions: | |||
| (1) | Antenna. A device used in
communications designed to radiate and/or capture electromagnetic
signals. | |||
| (2) |
Antenna tower. Any pole, tower, or other
structure, over 10 feet tall, erected for the purpose of supporting one or more
antennas. | |||
| (3) |
Building-mounted. Attached to and supported by a
building or other structure more than 10 feet tall, other than an antenna
tower. | |||
| (4) |
Co-location. The installation of antennas
operated by different entities in close proximity so that use of substantial
elements of the facility such as the antenna tower, equipment shelter or fenced
enclosure are shared. Co-location includes replacement of an existing tower with
one capable of supporting additional antennas. | |||
| (5) |
Ground-mounted. Supported directly on the ground,
or on a structure not more than 10 feet tall erected to support one or more
antennas. | |||
| (6) |
Radio frequency radiation. Electromagnetic
radiation in the portion of the spectrum from 3 kilohertz (kHz) to 300 gigahertz
(gHz). | |||
| (7) | Stealth design. Design
techniques such as integrating a facility into the architecture of a
non-communications structure, or using landscaping, materials and colors to make
the facility visually unobtrusive or unnoticeable. | |||
| (8) |
Temporary wireless communications facility. A
wireless communications facility mounted on or within a vehicle or trailer, with
a maximum antenna height not exceeding 25 feet, and temporarily located on a
site for a duration not exceeding 90 days in any 6 month
period. | |||
| (9) |
Tower. See "antenna tower". | |||
| (10) |
Tower mounted. Attached to and supported by an
antenna tower. | |||
| (11) |
Wireless communications. The transmission and/or
reception of information through space using electromagnetic
energy. | |||
| (12) |
Wireless communications facility. Structures
and/or equipment, including antennas, antenna towers, equipment cabinets,
buildings, generators, fencing, access roads and the land upon which they are
situated, associated with wireless
communications. | |||
The above resolution was introduced by Commissioner Nelson, seconded by Commission Lipmanson, and PASSED AND ADOPTED this 15th day of November, 2001, by the following vote of the Planning Commission of the County of Mendocino, State of California.
WHEREUPON, the Chairman Declared said Resolution PASSED and ADOPTED and SO ORDERED.






