SEC. 17-52.  WIRELESS COMMUNICATION FACILITIES.
   (A)   Purpose - The purpose of this section is to provide standards governing the installation of towers, antennae, and other wireless communication facilities (hereinafter collectively "wireless communication facilities") to greatly reduce or eliminate any adverse impacts on coastal zoned properties. Specifically, the purpose of this section is to:
      (1)   Permit stealth installation of wireless communication facilities within the coastal zones;
      (2)   Encourage the joint use of new and existing sites as a primary option rather than the construction of additional single-use sites;
      (3)   Encourage the location of wireless communication facilities in areas where adverse impacts to coastal zoned properties are minimal;
      (4)   Discourage the construction of monopoles and non-stealth facilities;
      (5)   Encourage the configuration of wireless communication facilities to minimize adverse visual impacts through careful design (such as the use of stealth facilities, siting, landscape screening, and other camouflaging techniques); and
      (6)   Expand the availability of quick, effective and efficient wireless communications services in the coastal zone.
   (B)   Applicability -
      (1)   This section applies to wireless communication facilities that were not approved prior to the effective date of this section, whether the application was received by the city before or after the effective date of this section.
      (2)   This section shall not apply to wireless communication facilities under 70 feet in height that are owned and operated by a federally licensed amateur radio station.
   (C)   Definitions -
      (1)   ANTENNA. A device used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunication signals or other communication signals.
      (2)   CELL SITE. A geographical area with a typical radius of one-half mile to five miles, containing both transmitting and receiving antennae.
      (3)   CELLULAR. Analog or digital wireless communication technology based on systems of interconnected neighboring cell sites.
      (4)   CO-LOCATION. The locating of wireless communication facilities from more than one provider on a single building or structure.
      (5)   ELECTROMAGNETIC FIELD. The local electric and magnetic fields that envelop the surrounding space, as by the movement and consumption of electric power by transmission lines, household appliances and lighting.
      (6)   EQUIPMENT FACILITY. A structure containing ancillary equipment for a wireless communication facility, including cabinets, shelters, and similar structures.
      (7)   FCC. The Federal Communications Commission.
      (8)   LATTICE TOWER. A multi-sided, open, metal frame tower.
      (9)   MANAGER. The City's Planning and Environmental Services Manager.
      (10)   MICRO-CELL FACILITY. A small low power radio transceiver contained in equipment cabinets with a total volume of 100 cubic feet or less, that are either under or above ground, and up to four directional panel antennas with dimensions no greater than two feet by two feet or one foot by four feet or one cylindrical antenna with dimensions no greater than six inches in diameter and five feet in height mounted on a single pole, an existing convention utility pole or other similar support structure.
      (11)   MONOPOLE. A single pole wireless communication facility.
      (12)   SCENIC HIGHWAY. A road, street, highway or freeway designated as a scenic highway in the open space/conservation element of the city's general plan.
      (13)   STEALTH FACILITY. A wireless communication facility designed to blend into the surrounding environment, typically architecturally integrated into a building or other concealing structure. Mounting structures may include, but are not limited to, clock towers, bell steeples, and other similar structures designed to camouflage or conceal the presence of antennae or towers.
      (14)   TOWER. A structure higher than its diameter and high relative to its surroundings, free- standing or attached to another structure, of skeleton framework or enclosed, that is erected primarily for the purpose of supporting one or more antennae for wireless communication facilities.
      (15)   WIRELESS COMMUNICATIONS. Personal wireless services as defined in the Telecommunications Act of 1996, including cellular, personal communication, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services.
      (16)   WIRELESS COMMUNICATION FACILITY. A structure, including a tower, pole, monopole, lattice tower, water tower, building or other structure, that supports antennae and related equipment that sends or receives radio frequency signals.
   (D)   Approval process - Applications for all wireless communication facilities shall be supported by information described in section 16-488(F) of the city code. Such wireless communication facilities shall not be constructed, installed, operated, or maintained before a development review permit is granted or a coastal development permit is issued, as set out in this chapter. Applicants are encouraged to submit a single application for multiple wireless communication facilities or a single application for multiple wireless communication facilities to be located on one site (i.e. co-location).
      (1)   Development Review Permit - A development review permit may be processed in accordance with section 17-57 of this chapter for the following wireless communication facilities that do not meet the definition of appealable development pursuant to Section 17-3 of this chapter, and that comply with all of the development standards of this section and the zoning district in which such facilities are to be located.
         (a)   A stealth facility located in a non-residential coastal zone district, i.e. Coastal Neighborhood Commercial (CNC), Coastal Dependent Industrial (CDI), Coastal Energy Facilities (EC), Coastal Oil Development (COD), or the Harbor, Channel Islands (HCI) zones.
         (b)   A stealth facility located in the Coastal Visitor Serving Commercial (CVC) zone district that is subordinate to a visitor-serving commercial use on the site.
         (c)   A micro-cell facility within a public right-of-way or utility easement.
      (2)   Coastal Development Permit - A coastal development permit, processed in accordance with section 17-57 of this chapter, may be issued for the following wireless communication facilities:
         (a)   A non-stealth facility in a non-residential coastal zone district, i.e. Coastal Neighborhood Commercial (CNC), Coastal Dependent Industrial (CDI), Coastal Energy Facilities (EC), Coastal Oil Development (COD), or the Harbor, Channel Islands (HCI) zones.
         (b)   A non-stealth facility located in the Coastal Visitor Serving Commercial (CVC) zone district that is subordinate to a visitor-serving commercial use on the site.
         (c)   A stealth facility located in any coastal residential zone district, i.e. Single-Family Beach (R-B-1), Single-Family Water-Oriented (R-W-1), Townhouse, Water-Oriented (R-W-2), Coastal Low Density Multiple-Family (R-2-C), Coastal Medium Density Multiple-Family (R-3-C), Coastal Planned Unit Community (CPC), Coastal Mobile Home Park (MHP-C), and Beachfront, Residential (R-BF) zones.
         (d)   Although strongly discouraged, a wireless communication facility with an individual support tower (e.g. monopole or lattice tower).
         (e)   A wireless communication facility within a Southern California Edison (SCE) substation.
      (3)   Wireless communication facilities are prohibited within the Coastal Resource Protection (RP) and Coastal Recreation (RC) zone districts, unless it can be demonstrated that there is no other feasible location that would avoid the need for wireless communication facilities to be located in these zone districts.  Where such facilities are allowed, all impacts must be fully mitigated.
   (E)   Co-location policy - Wireless communication facilities shall be designed to promote site sharing and co-location, and shall comply with the following standards:
      (1)   All new wireless communication facilities shall be designed to accommodate co-location.
      (2)   Accessory structures, including light poles, existing utilities and buildings, shall be utilized as co-location facilities.
   (F)   Health and safety -
      (1)    Every wireless communication facility shall be placed, operated and maintained in a manner that fully complies with current regulations of the FCC governing radio frequency emissions.
      (2)   All wireless communication facilities shall meet the minimum siting distances to habitable structures required for compliance with FCC regulations and standards governing the environmental effects of radio frequency emissions.
      (3)   New or existing wireless communication facilities shall not interfere with public safety telecommunications or private use telecommunication devices.
      (4)   Wireless communication facilities shall meet current standards and regulations of the FCC and any other agency of the State or federal government with authority to regulate wireless communication facilities. If such standards or regulations change, the owners of wireless communication facilities governed by this article shall bring wireless communication facilities into compliance with the revised standards or regulations within six months of the effective date of the revisions, unless a different compliance schedule is required by the controlling agency. Failure to bring wireless communication facilities into compliance with the revised standards or regulations shall constitute grounds for the city to remove such facilities at the owner's expense, following a duly noticed public hearing where it is found that such facilities are not operating in full compliance with said revised standards and regulations.
      (5)   If applicable, mitigation measures shall be implemented to mitigate environmental impacts associated with the facility.
   (G)   Development standards -
      (1)   Height. In all coastal zone districts, no structures, antennae, or appurtenances associated with wireless communication facilities shall exceed the height limitations of the subject zone district. For those zone districts where maximum height is not specified, the maximum height for such facilities shall not exceed the maximum height of the existing building/structure by more than 15 feet. Height shall be measured as the vertical distance from the grade at the base of the wireless communication facility to the top of the wireless communication facility, or in the case of roof mounted wireless communication facilities, from the grade directly below the exterior base of the building to the highest point of the wireless communication facility (inclusive of any screening device). Antennae and other projections from the wireless communication facility shall be included in the measurement of height.
      (2)   Setbacks. All wireless communication facilities shall comply with the setbacks specified in the zone in which the facility is located. For those zone districts without established setbacks, such distances shall be set at the height of the structure for a freestanding structure. A building-mounted facility shall be set back from habitable structures as required by FCC regulations.
      (3)   Separation and Screening from Residential Property. Wireless communication facilities shall be placed far enough from residential property or be screened to mitigate visual impacts of the facilities on residences.
      (4)   Landscaping and Screening. Wireless communication facilities shall be landscaped and screened to comply with the requirements of the zone and specific plan area in which they are located. The manager or the planning commission shall have discretion to require such landscaping and screening as may be reasonably required to mitigate visual impacts. If an equipment screen is proposed to be located on the roof of an existing building or structure, it shall be fully screened or incorporated into the architectural design of the structure. Existing mature trees and natural land forms on the site shall be preserved to the extent feasible. Vegetation that causes interference with antennae or inhibits access to an equipment facility may be trimmed. Existing on-site vegetation may be used in lieu of other landscaping when approved by the manager.
      (5)   Environmentally Sensitive Habitat Areas.  Disturbed areas associated with the development of a facility shall not occur within the boundaries or buffer of any area meeting the definition of environmentally sensitive habitat area, either identified by the certified LCP or identified by the city through a site-specific biological survey.  An exemption may be approved only upon showing of sufficient evidence that there is no other feasible location(s) in the area or other alternative facility configuration that would avoid impacts to environmentally sensitive habitat areas.  If an exemption is approved with regard to this standard, the city shall require the applicant to fully mitigate impacts to environmentally sensitive habitat consistent with the provisions of the certified LCP.
      (6)   Design Standards - Wireless communication facilities shall be designed as follows:
         (a)   In General -
            1.   Wireless communication facilities and accessory equipment shall have subdued colors and be constructed of non-reflective materials that blend with the materials and colors of the surrounding areas.
            2.   Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signs.
            3.   In scenic areas and where there are views to or along the coast or inland waterways, wireless communication facilities shall be sited and designed to minimize impacts to visual resources.
         (b)   Towers - All towers shall have either a galvanized steel finish or be painted a neutral color to reduce visibility.
         (c)   Equipment facilities -
            1.   Accessory equipment shall be located within a building, structure, enclosure or underground vault. All rooftop equipment shall be fully screened from view from public rights-of-ways, using architecturally appropriate material approved by the approving authority.
            2.   In scenic areas and where there are views to or along the coast or inland waterways, impacts to visual resources should be minimized through the undergrounding of accessory equipment, where feasible, unless accessory equipment is screened from view by existing, legal structures.
      (6)   Lighting - Wireless communication facilities shall not be artificially illuminated. Equipment facilities may have security and safety lighting that is appropriately shielded to keep light within the boundaries of the site.
   (H)   Removal of abandoned wireless communication facilities - A wireless communication facility that has not operated for six continuous months shall be considered abandoned, and the owner shall remove such facility at the owner's expense within 90 days of notice from the manager. If the wireless communication facility is not removed within 90 days, the city may remove such facility at the owner's expense. If there are two or more users of a single wireless communication facility, this section shall not apply until all users cease using such facility for six continuous months.
   (I)   Removal of wireless communication facilities within utility right of way - A wireless communication facility that is located within any utility right of way where undergrounding of utilities is scheduled to occur, shall be removed at the owner's expense within six months of notice. If the wireless communications facility is not removed within the six-month period, the city may remove such facility at the owner's expense.
   (J)   Modifications to existing wireless communications facilities -
      (1)   Minor modification. The manager may approve minor modifications to existing wireless communication facilities. For purposes of this section, a minor modification is defined as any modification to an existing and permitted wireless communications facility that does not result in any increase or intensification in dimensions or power output. In addition, minor modifications shall not increase the visual impact of any wireless communication facility.
      (2)   Major modification. The planning commission may approve a major modification to wireless communication facilities as an amendment to a previously approved coastal development permit. Major modifications are any modifications that exceed the definition of minor modifications or that the manager does not consider to be minor modifications.
   (K)   Validation of proper operation - Within 90 days of commencement of operation of a wireless communication facility approved after the effective date of this section, the operator of such facility shall provide to the manager a report prepared by a qualified engineer, verifying that the operation of such facility is in compliance with the standards established by the American National Standards Institute and the Institute of Electrical and Electrical Engineers for safe human exposure to electromagnetic fields and radio frequency radiation.
   (L)   Violations - Violation of any provision of this section is a misdemeanor. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense by a fine. In accordance with the city's bail schedule, or imprisonment for a term not to exceed six months, or both.
(Ord. No. 2649, 2673, 2716)