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


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  • Modifications to a wireless communication facility that cannot be processed with a Zoning Clearance, pursuant to Section 8175-5.20.12.1 above, shall be processed through one (1) of the following discretionary permits:

    (a)

    Site Plan Adjustment—Any change to a wireless communication facility or the permit for that facility that would not alter any of the findings made pursuant to Section 8181-3.5, nor any findings of approval for the permit or any findings contained in the environmental document prepared for the project, and would not have any adverse impact on the subject site or surrounding properties, including any adverse impact on coastal resources, may be deemed a Site Plan Adjustment and acted upon by the Planning Director without a hearing. Additionally, these minor changes shall not circumvent the purpose or lessen the effectiveness of the approved permit conditions and must be consistent with all other provisions of the LCP. In addition to the preceding, the proposed modification shall satisfy each of the following criteria as applicable:

    (1)

    Alterations to the approved landscaping plan that comply with standards in Section 8175-5.20.3(r) and may result in replacement vegetation or additional vegetation for screening purposes; and

    (2)

    Modifications that do not result in noise generating equipment which would exceed originally permitted levels; and

    (3)

    Replacement, modification, or a series of replacements or modifications to a wireless communication facility that do not cumulatively constitute an increase in physical dimensions of ten percent (10%) or more in any one (1) or more of the following, and excluding the replacement of the tower, pole, or base station:

    Height or width of the antenna or associated equipment;

    Circumference of the antenna, mast, or pole;

    Distance of the antenna array from the support structure;

    Volume of equipment, including but not limited to the fuel tank, equipment sheds, guy wires, pedestals and cables;

    Equipment area that is enclosed by structural elements or screening devices such as fences and walls; or

    Lease area or building coverage included in the approved permit; and

    (4)

    Modifications to the facility design and operation that are consistent with the facility's original design and permitted conditions of approval. Proposed changes to a stealth facility shall retain the necessary features to ensure the facility remains stealth, as stated in Section 8175-5.20.3(j). For example, a modified faux tree shall continue to appear like and simulate the original faux tree, or a slim-line pole shall retain its original profile.

    (b)

    Minor and Major Modification—Modifications to an existing wireless communication facility shall be processed as either a minor or major modification pursuant to Section 8181.10.4.2 if the proposed modification cannot be processed through a Zoning Clearance (see Section 8175.5.20.12.1) or Site Plan Adjustment (see Section 8175.5.20.12.3(a)). All extensions of the effective period of a discretionary permit shall be processed as a minor or major modification of the existing permit.

(Ord. No. 4498, § 3, 12-6-2016)