17.86.290 Wireless telecommunications facilities.
A. Purpose. These regulations are established for the development, siting, and installation of wireless telecommunications facilities consistent with Federal Telecommunications Act of 1996, as amended; to protect and promote public health, safety, and welfare; and to preserve view corridors and avoid adverse visual and environmental impacts. These standards are not intended to be all-inclusive. Projects may be subject to additional standards deemed appropriate through discretionary permit processing to address site-specific conditions.
B. Exempt Facilities. The following wireless telecommunications facilities are exempt from the requirements of this section:
1. Government-owned telecommunications facilities used primarily to protect public health, welfare, and safety.
2. Facilities operated by providers of emergency medical services, including hospital, ambulance, and medical air transportation services for use in the provision of those services.
3. Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site, subject to compliance with development standards identified in Section 17.70.160 (Satellite Dish Antenna).
4. Any facility specifically exempted under federal or state law.
5. A co-location, or modification of a pole, tower or support structure or replacement of a pole, for co-location of a communications facility, that qualifies as an “eligible facilities request.” An “eligible facilities request” means an eligible facilities request as set forth in 47 C.F.R. Section 1.40001(b)(3).
C. Planning Applications and Approvals Required.
1. Installation of a new wireless telecommunications facility or significant modification of an existing installation, as determined by the director, shall require minor use permit approval.
2. The co-location of a new wireless telecommunications facility with an existing approved installation, or minor modification of an existing installation, shall only require director’s action for architectural review.
D. Building Permit Required. Wireless telecommunications facilities shall not be constructed, installed, or modified prior to obtaining a city building permit.
E. Site Development and Performance Standards.
1. Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zone.
2. Height. The height of any antenna or support equipment shall be determined as part of the administrative use permit on a case-by-case basis. All facilities shall be designed to the minimum necessary functional height.
3. Site Access. Telecommunications facilities should use existing roads and parking whenever possible. New and existing access roads and parking shall be improved and surfaced where necessary to the satisfaction of the director.
4. Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening, and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that the antenna(s) and equipment are not apparent to the casual observer.
a. Building-mounted facilities shall appear as an integral part of the structure. Equipment and antennas shall be compatible and in scale with existing architectural elements, building materials and site characteristics. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure. If possible, antennas and equipment shall be located entirely within an existing or newly created architectural feature so as to be effectively unnoticeable.
b. Ground-mounted support equipment shall be undergrounded or otherwise screened from view so as to be effectively unnoticeable.
c. All connections and conduits between the base of the antenna(s) and support equipment shall be undergrounded. Connections and conduit above ground shall be fully enclosed to the satisfaction of the director. Electrical and telephone service to the support equipment shall be undergrounded.
d. Ground-mounted antennas, poles, structures, equipment, or other parts of a telecommunications facility which would extend above a ridgeline so as to silhouette against the sky shall be discouraged. Where allowed, they shall be designed to be indistinguishable from the natural surroundings.
5. Lighting. All telecommunications facilities not otherwise required to have lighting in compliance with Federal Aviation Administration rules shall be unlit, except when authorized personnel are actually present at night, and except for exempt facilities.
6. Historic Buildings. Any wireless facility located on or adjacent to a historic building or site shall be designed to ensure consistency with the Secretary of the Interior standards for remodeling and rehabilitation.
7. Equipment Upgrades. It shall be the responsibility of the owner/operator of a telecommunications facility to provide the city with a notice of intent to modify site equipment in any way. At the time of modification, co-location, or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the director. Unused or obsolete equipment or towers shall be removed from the site within ninety days after their use has ceased.
8. Number of Facilities per Site. The city shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities.
9. Noise. Operations of wireless telecommunications facilities shall comply with the requirements of Chapter 9.12 (Noise Control) for the zone in which they are located.
10. Backup Generators. Any facility utilizing temporary backup generators shall be required to meet or exceed air pollution control district standards. All generators shall be fitted with approved air pollution control devices. Projects that propose to include backup generators shall require review and approval from the air pollution control district. Project plans shall indicate location, size, horsepower, and type of fuel used for any proposed generator. Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight a.m. and five p.m.
11. Biological Impacts. Wireless telecommunications facilities shall minimize potential impacts to biological resources to the greatest extent possible.
12. Radio Interference. Interference with municipal radio communication is prohibited. Any telecommunications facility that the city has reason to believe is interfering with municipal radio communication shall cease operation immediately upon notice from the city and shall be subject to minor use permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at regular intervals after installation established by the minor use permit, at the expense of the facility owner/operator.
13. Airport Operations. Wireless telecommunications facilities shall not be sited in locations where they will interfere with the operation of the San Luis Obispo airport. Wireless towers and related facilities within the airport planning area shall be referred to the airport manager or the airport land use commission for a determination of consistency with airport area standards.
14. Radio Frequency and Electromagnetic Exposure.
a. Wireless telecommunications facilities operating alone or in conjunction with other telecommunications facilities shall not produce radio frequency radiation in excess of the standards for permissible human exposure as adopted by the Federal Communications Commission (FCC). Applications for facilities shall include a radio frequency radiation (RFR) report that measures the predicted levels of RFR emitted by the proposed facility. The radio frequency radiation report shall compare proposed project levels to levels allowed by the FCC and shall show output of the proposed facility in combination with other facilities located or proposed in the vicinity.
b. The city may require one or more post-construction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone or in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC.
15. Signs. Explanatory warning signs shall be posted at all access points to cellular telecommunications facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol, and content conventions.
16. Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the director, upon receipt of written complaints, the minor use permit allowing a telecommunications facility may be scheduled for public review. At the hearing, conditions of approval may be added, deleted, or modified, or the minor use permit may be revoked.
17. Interference with Public Services and Facilities. Telecommunications facilities within public parks shall not interfere with park operations or limit public use of park facilities. Installations in conjunction with other public facilities shall be held to a similar standard.
18. City Inspection. The city shall have the right to access facilities after twenty-four hours’ written or verbal notice.
F. Abandonment. It shall be the responsibility of the owner/operator of a telecommunications facility to provide the city with a notice of intent to vacate the site a minimum of thirty days prior to ceasing operation. Any wireless telecommunications facility that is not operated for a continuous period of ninety days shall be removed within ninety days of the date upon which the operation ceased.
G. Revocation of a Permit. Wireless telecommunications service providers shall fully comply with all conditions related to any permit or approval granted under this section. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the director may schedule a public hearing before the hearing officer to consider revocation of the permit. (Ord. 1705 § 53, 2021; Ord. 1650 § 3 (Exh. B), 2018)