§ 8175-5.20.3. Development standards.

The following development standards apply to all wireless communication facilities. In the event of a conflict between the standards prescribed in this section (Section 8175-5.20.3) and the standards prescribed for the public road rights-of-way (Section 8175-5.20.4), the standards that are most protective of coastal resources shall prevail.

(a)

Concealment Requirements: To minimize visual impacts, the following standards shall apply:

(1)

Any facility that is fifty (50) feet or less in height shall be designed as a stealth facility;

(2)

Whenever technically feasible, any facility that is fifty-one (51) to eighty (80) feet in height shall be designed as a stealth facility; and

(3)

Any facility that exceeds eighty (80) feet in height shall be defined as a non-stealth facility but shall utilize all feasible concealment techniques in the facility design.

Any facility that is not designed as a stealth facility, or any facility that exceeds eighty (80) feet in height, is subject to the requirements of Section 8175-5.20.3(b) below. Technical expert review of propagation diagrams, alternative sites analysis, and the information provided to satisfy each provision in Section 8175-5.20.3(b) below will be required for a wireless communication facility that exceeds eighty (80) feet in height to demonstrate that the height is necessary to meet service coverage needs.

(b)

Exceptions to Stealth Facilities: A non-stealth wireless communication facility shall only be authorized where such a facility is required pursuant to federal law as described in Section 8175-5.20.5. Applications for a non-stealth facility shall include an alternative sites analysis and written and graphic information that demonstrates each of the following:

(1)

One (1) or more shorter stealth facilities would be technically infeasible (i.e., the applicant demonstrates that adequate service coverage cannot be met by one (1) or more stealth facilities); and

(2)

The proposed facility is designed to blend with the environment to the maximum extent feasible (see Section 8175-5.20.3(c)); and

(3)

A stealth facility consistent with the height limits in Section 8175-5.20.3(h) would be inconsistent with one (1) or more key provisions of the federal Telecommunications Act (see Section 8175-5.20.5).

(c)

Making Wireless Communication Facilities Compatible with the Existing Setting: Wireless communication facilities shall be located and designed to be compatible with the existing setting as follows:

(1)

Location: To the maximum extent feasible, facilities shall be located in areas where existing topography, vegetation, buildings, or structures effectively screen and/or camouflage the proposed facility;

(2)

Facility Design: Facilities shall be designed (i.e., size, shape, color, and materials) to blend in with the existing topography, vegetation, buildings, and structures on the project site as well as its existing setting to the maximum extent feasible; and

(3)

Interference with Access and Transportation: Facilities shall not interfere with public access to and along the coast, and shall not alter any method of transportation, conflict with requirements of the Americans with Disabilities Act, block or reduce coastal access, or obstruct clear line-of-sight triangles within the public right-of-way.

(4)

Military Compatibility: Facilities should be sited and designed for compatibility with military security requirements and frequency spectrum needs to avoid interference with military operations.

(d)

Siting Criteria: The order of priority for siting a wireless communication facility is as follows:

(1)

In a "preferred" location pursuant to subsection (e) below; or

(2)

In a "neutral" location, which is defined as a site that is not identified as a "preferred", "non-preferred" or "restricted" location; or

(3)

In a "non-preferred" location pursuant to subsection (f) below; or

(4)

In a "restricted" location pursuant to subsection (g) below.

With the exception of a "preferred" location, the applicant shall demonstrate, based on substantial evidence provided by an alternative sites analysis (see Section 8175.20.10(j)), that all higher priority locations are infeasible. In a restricted location, technical expert review of propagation diagrams, alternative sites analysis, and other information will be required for a wireless communication facility to demonstrate that the proposed facility is necessary to meet service coverage needs (see Section 8175-5.20.5.1).

(e)

Preferred Locations: The following sites are defined as "preferred" locations:

(1)

Collocated on an existing wireless communication facility with adequate height and structure to accommodate additional wireless communication facilities (see Section 8175-5.20.6), with the exception of locations where a collocated facility would degrade the visual quality of the area.

(2)

Flush-mounted on an existing structure, pole, or building when located in the COS, CA and CM zones.

(3)

Within the public road rights-of-way along existing developed roadways and mounted on existing overhead utility facilities, streetlight poles, or traffic signals, with the exception of facilities located on scenic or eligible scenic highways.

(4)

In locations where the existing setting includes features of sufficient height and mass to effectively conceal the wireless communication facility, such as settings where the facility can be concealed in an existing building or nestled within an existing grove of trees.

(5)

Located within, contiguous with, or in close proximity to existing wireless communication facilities, provided that the clustered facilities will be more protective of coastal resources when compared to a non-clustered facility configuration.

(f)

Non-Preferred Locations: The following sites are defined as "non-preferred" locations:

(1)

On a ridge where the facility is not a silhouette from public viewing areas.

(2)

On a structure, site or in a district designated as a local, state, or federal historical landmark (see Section 8175-5.20.3(k)).

(3)

On slopes greater than twenty percent (20%);

(g)

Restricted Locations: The following sites are defined as "restricted" locations:

(1)

Within an ESHA or within an ESHA buffer zone (see Section 8175-5.20.3(m)), except where a wireless communication facility is allowed within a developed public road right-of-way in a location that is also within an ESHA buffer zone, and then it may be processed as a preferred location pursuant to subsection (e) above, provided that no extension of fuel modification into ESHA results from the facility.

(2)

On lots between the mean high tide line and the first public road parallel to the sea, with the exception of building-concealed facilities.

(3)

On a ridgetop or a ridge where the facility is a silhouette from public viewing areas.

(h)

Height:

(1)

How to Measure: Unless otherwise indicated in this section (Section 8175-5.20.3), the height of a ground-mounted wireless communication facility shall be measured from the adjacent, average existing grade to the highest point of the facility (i.e., antenna, equipment, concealment elements, faux structure, or other component of the facility).

(2)

Minimizing Visual Impacts: The height of a wireless communication facility shall be limited to what is necessary to provide adequate service or coverage.

(3)

Building-Concealed Facility Height:

Building-concealed wireless communication facilities shall not exceed the maximum building height limits of the zone in which the building is located (see Section 8175-2 for maximum building height limits and Section 8175-3.13 for measurement of building height) unless one (1) 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 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.

 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.

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.

iii.

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.

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 percent (75%) 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.

(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.

(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.

(2)

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)