This chapter establishes locational and developmental standards
and permit requirements consistent with Federal law to: regulate the
placement and design of wireless telecommunication facilities so as
to preserve the unique visual character of the County, promote the
aesthetic appearance of the County, and to ensure public safety and
welfare; pursue additional benefits from the facilities for the public
by encouraging the leasing of publicly-owned properties where feasible
for the development of communication facilities; and to acknowledge
and provide the community benefit associated with the provision of
advanced wireless telecommunication services within the County.
(Ord. 1976 § 2, 2019)
The requirements of this chapter shall apply to all wireless
telecommunications facilities located within the unincorporated areas
of the County.
(Ord. 1976 § 2, 2019)
Antennas.
Any system of wires, poles, rods, reflecting discs, dishes,
flat panels, or similar devices, including "whip antennas," attached
to a wireless telecommunications tower, mast or other structure, which
in combination with the radio-frequency radiation generating equipment
associated with a base station are used for the transmission or reception
of electromagnetic waves.
Base station.
The structure and equipment placed at a fixed location that
enables Federal Communications Commission (FCC)-licensed or authorized
wireless telecommunications between user equipment and a wireless
telecommunication network. It includes, but is not limited to, utility
poles, light standards, traffic signals, and other structures that
house communication equipment as long as it has received the applicable
regulatory approvals, even if the structure was not built for the
sole or primary purpose of providing such support.
Cellular service.
A wireless telecommunications service that permits customers
to use mobile telephones and other communication devices to connect,
via low-power radio transmitter sites, either to the public-switched
telephone network or to other fixed or mobile communication devices.
Channel.
The segment of the radiation spectrum from an antenna, which
carries one signal. An antenna may radiate on many channels simultaneously.
Co-location or co-located facility.
The mounting or installation of transmission equipment on
an existing wireless tower or base station for the purpose of transmitting
and/or receiving radio frequency signals for communication purposes.
Communication equipment shelter.
A structure located at a base station designed principally
to enclose equipment used in connection with telecommunication transmissions.
DAS.
Distributed antenna system.
dBm.
A unit of measure of the power level of an electromagnetic
signal expressed in decibels referenced to one milliwatt.
Dish antenna.
Any device incorporating a reflective surface that is solid,
open mesh, or bar configured that is shallow dish, cone, horn, or
cornucopia-shaped and is used to transmit and/or receive electromagnetic
signals.
FAA.
Federal Aviation Administration.
FCC.
The Federal Communications Commission is the Federal agency
responsible for regulating telecommunications in the United States.
Hertz (Hz).
A unit of measurement of an electric or magnetic field, which
reverses its polarity at a frequency of once per second (i.e., one
cycle or wavelength per second).
Microcell site.
A small radio transceiver facility comprised of an equipment
cabinet with a total volume of 100 cubic feet or less that is either
under or above ground, and one omni-directional whip antenna with
a maximum length of five feet, or up to three small (approximately
one foot by two feet or one foot by four feet) directional panel antennas,
mounted on a single pole, an existing conventional utility pole, or
some other similar support structure.
Monitoring.
The measurement, by the use of instruments in the field,
of radio-frequency/non-ionizing radiation exposure at a site as a
whole, or from individual wireless telecommunication facilities/towers/
antennas/repeaters.
Monopole.
A single pole-structure erected on the ground (e.g., bare
ground, concrete slab or footing), to support one or more wireless
telecommunication antennas and connecting appurtenances.
Non-ionizing electromagnetic radiation (NIER).
Radiation from the portion of the electromagnetic spectrum
with frequencies of approximately 1,000,000 GHz and below, including
all frequencies below the ultraviolet range, such as visible light,
infrared radiation, microwave radiation, and radio frequency radiation.
Radio-frequency (RF) radiation.
Radiation from the portion of the electromagnetic spectrum
with frequencies below the infrared range (approximately 100 GHz and
below), including microwaves, television VHF and UHF signals, radio
signals, and low to ultra-low frequencies.
Repeater.
Small receiver/relay transmitter of relatively low power
output designed to provide service to areas that are not able to receive
adequate coverage directly from a base or primary station.
Significant gap.
A gap in the service provider's (applicant carrier's) own
personal wireless services network within Merced County, as defined
in Federal case law interpretations of the Federal Telecommunications
Act of 1996.
Stealth technology/techniques.
Camouflaging methods applied to wireless telecommunication
towers, an-tennas and/or other facilities, which render them visually
inconspicuous.
Substantial change.
Refers to a single change, or a series of changes over time
(whether made by the same or different entities) viewed against the
baseline conditions for the wireless telecommunication tower or base
station.
Transmission equipment.
Equipment that facilitates transmission of any FCC-licensed
or authorized wireless service. It includes, but is not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular
and backup power supply.
Visual impact.
An adverse effect on the visual and/or aesthetic environment.
This may derive from blocking of a view, or introduction of elements
that are incompatible with the scale, texture, form or color of the
existing natural or human-made landscape, including the existing character
surrounding the proposed wireless telecommunication facility site.
Wireless telecommunication (or telecommunications) facility.
A facility, including all associated equipment, which supports
the transmission and/or receipt of electromagnetic/radio signals.
Wireless telecommunication facilities include cellular radiotelephone
service facilities, personal communications service facilities (including
wireless Internet), specialized mobile radio service facilities, and
commercial paging service facilities. Components of these types of
facilities can consist of the following: antennas, repeaters, microwave
dishes, horns, and other types of equipment for the transmission or
receipt of such signals, telecommunication towers or similar structures
supporting the equipment, equipment structures, parking area, and
other accessory development.
Wireless telecommunication tower (cell tower/tower).
Any structure built for the sole or primary purpose of supporting
any FCC-licensed or authorized antennas and their associated facilities.
It includes, but is not limited to, masts, poles, monopoles, guyed
towers, lattice towers, and freestanding towers.
(Ord. 1976 § 2, 2019)
The following wireless telecommunication facilities are exempt
from the permit requirements of this chapter. Each wireless telecommunication
facility shall comply with all applicable requirements of State and
Federal law.
A. Replacement
or modification of a previously permitted facility or equipment determined
by the Director to be of a minor nature that does not increase the
number or height of antennas or significantly change or enlarge the
related equipment at the site.
B. An
antenna that is one meter or less in diameter or diagonal measurement
located in a residential zone, that is designed:
1. To
receive direct broadcast satellite service, including direct-to-home
satellite service, as defined by Section 207 of the Telecommunications
Act of 1996, Code of Federal Regulations Title 47, and any interpretive
decisions thereof issued by the Federal Communications Commission;
or
2. For
subscribing to a multipoint distribution service.
C. A satellite
earth station (SES) antenna of two meters or less in diameter or diagonal
measurement, located in a nonresidential zone, that is designed to
transmit or receive radio communications by satellite or terrestrial
communications antenna. These antennas may require a Building Permit
and approval of the placement by the Director to ensure safety, and
to avoid tripping hazards and the creation of an attractive nuisance,
shall be placed whenever possible, on the top of structures as far
from the edge of rooftops as possible.
D. Wireless
telecommunication facilities and/or components of these facilities
to be used solely for public safety purposes, installed and operated
by authorized public safety agencies (e.g., County 911 emergency services,
sheriff, and/or fire department, first responder medical services,
hospitals), are exempt from the provisions of this chapter.
E. Temporary
mobile wireless services, including mobile wireless telecommunication
facilities and services providing public information coverage of news
events, of less than two weeks in duration.
F. The
co-location of a new antenna to an existing approved support structure,
or the replacement of an existing approved support structure in order
to co-locate a new antenna, without an increase in height.
G. Small
scale, low powered, short-range wireless Internet transmitter/receivers
(e.g., "Wi-Fi hotspots").
H. A ground-or
structure-mounted receive-only radio or television antenna which does
not exceed the height requirements of the zone in which it is located,
or television dish antenna which does not exceed three feet in diameter
if located on a residential parcel.
I. Distributed
Antenna System (DAS)/small cell sites or microcell sites in the public
right-of-way (ROW) are subject to the execution of a master lease
or development agreement between the County and the criteria that
includes all of the siting and design requirements that would typically
occur in the planning review process and project implementation through
an encroachment permit process.
J. Hand
held devices (i.e., cell phones, business-band mobile radios, walkie-talkies,
cordless telephones, garage door openers), and similar devices.
K. Any modification or maintenance activities carried out as part of the routine operation of wireless telecommunication facilities that do not result in substantial change (Section
18.68.090 Modification Constituting a "Substantial Change").
L. Any
other facilities that are exempt from County approval by State or
Federal statute.
(Ord. 1976 § 2, 2019)
No wireless telecommunication facility except those designated in Section
18.68.040 (Exemptions) shall be installed, erected, or modified in the County without the approval of either a Conditional Use Permit, Administrative Permit, or Zoning Clearance.
A. Conditional
Use Permit. A Conditional Use Permit approval is required for all
new wireless telecommunication facilities and wireless telecommunication
towers that exceed 100 or more feet in height subject to this chapter.
B. Administrative
Permit. An Administrative Permit is required for the extension of
an existing wireless telecommunication facility and if the existing
wireless telecommunications tower will be 100 feet or less in height.
C. Zoning
Clearance. A Zoning Clearance is required for co-location on an existing
wireless telecommunication tower or facility. Multiple service providers
may submit one application for all intended co-located facilities.
Prior to the approval of a Zoning Clearance the following requirements
shall be met for the proposed facility:
1. The
wireless telecommunications facility shall be consistent with current
zoning regulations;
2. The
wireless telecommunication facility was previously subject to discretionary
review; and
3. The
wireless telecommunications facility was found in compliance with
CEQA and NEPA.
D. Conditions.
In approving a permit application, the appropriate County Review Authority
may impose conditions as it deems reasonable, necessary, and appropriate
to further the purposes of this chapter, including, but not limited
to, redesign or relocation of the proposed facility and resubmit a
revised proposal for further consideration.
(Ord. 1976 § 2, 2019)
No wireless telecommunication facility except those designated in Section
18.68.040 (Exemptions) shall be installed, erected, or modified in the County without the approval of either a Conditional Use Permit, Administrative Permit, or Zoning Clearance.
A. Requirements.
In addition to the information required for a Conditional Use Permit,
Administrative Permit, and Zoning Clearance application in Article
6 (Permit Processing Procedures) the application for a wireless telecommunication
facility shall also include all of the following:
1. Boundary
Map. A map with locations and boundaries of the coverage areas and
a search ring analysis for all the applicant's tower sites: existing,
approved but not yet constructed, applications submitted but not yet
approved, and potential future sites. The Boundary Map shall also
include the following:
a. Indicate any existing communication towers within a four-mile radius
of the proposed site(s), the operators of each tower, the tower heights,
and attempts to co-locate.
b. Identify any private airstrip, aerial crop spraying operation or
public airport within a four-mile radius of the proposed site(s).
2. Site
Specific Map. The applicant shall submit a detailed map for each proposed
site coverage area including the following:
a. Identify all structures, roads, highways, canals, and residences.
b. Identify all feasible tower locations within each coverage area.
3. Gap
Analysis. The applicant shall provide an analysis of existing significant
gaps in the service providers network and how the proposed wireless
telecommunication facility would eliminate or substantially reduce
the gap in coverage.
4. Parcel
Specific Information. The applicant shall provide copies of any land
use easements or lease restrictions which would prohibit co-location
(on existing wireless telecommunication facility) or share locations
(next to an existing wireless telecommunication facility) by other
service providers.
5. Explanation
of Technology. The applicant shall provide a brief explanation of
the type of technology to be used and types of services to be provided
by each wireless telecommunication facility site/installation.
6. Health
Certification. The applicant shall supply certification acceptable
to the Director for the proposed facility and shall comply with all
applicable health requirements and standards pertaining to electromagnetic
and/or radio frequency radiation.
7. Co-Location.
All new towers shall allow for co-location of public safety transmission
equipment when feasible.
B. Communications
Consultant May Be Required. In the event the County needs assistance
in understanding the technical aspects of a particular proposal, the
services of a communications consultant may be required to determine
the engineering or screening requirements of a specific wireless communications
facility. The applicant shall agree to fully reimburse the County
for the consultant's services.
C. Information
Required Prior to Issuance of Building Permits. The applicant shall
provide the County the following items prior to the issuance of a
Building Permit:
1. An
acceptable type of financial security (i.e., a letter of credit),
to ensure that the approved facility is properly maintained and to
guarantee that the facility is dismantled and removed if non-operative
or abandoned for a minimum two-year period or upon expiration of the
permit from the County;
2. A
proposed wireless telecommunication tower lighting plan; and
3. At
least two letters of intent, where more than one carrier are proposed
per tower, demonstrating an immediate need for the wireless telecommunications
tower location.
(Ord. 1976 § 2, 2019)
A. Co-Location
Required. A new wireless telecommunication facility shall be co-located
with existing facilities and with other planned new facilities whenever
feasible, and whenever determined by the Review Authority to be aesthetically
desirable. A service provider shall co-locate a new wireless telecommunication
facility with non-communications utility facilities through a structure-mounted
approach (e.g., light poles, water tanks, silos, roadway overpasses,
other utility structures) where the Review Authority determines that
this co-location will minimize the overall visual impact. Any new
wireless telecommunication facility shall be evaluated and available
for and capable of supporting future co-located antennas.
1. A
service provider shall exhaust all reasonable measures to co-locate
their wireless telecommunications facilities on existing towers or
with or within existing ancillary support equipment facilities before
applying for a new wireless telecommunication facility site.
2. Each
service provider shall provide the County with evidence that they
have contacted all other po-tential providers who have, or who are
reasonably likely to be installing facilities within the vicinity
of the proposed facility and have offered to participate in a joint
installation project on reasonable terms.
3. In
order to facilitate co-location, Administrative Permit and Conditional
Use Permit conditions of approval for a new facility shall require
each service provider to cooperate in the siting of equipment and
antennas to accommodate the maximum number of operators at a given
site where determined by the review authority to be feasible and aesthetically
desirable.
B. County-Owned
Property. A wireless telecommunication facility shall not adversely
affect the public health, peace, safety, or welfare. In order to best
benefit the citizens of the County from this necessary County impact,
the Commission shall always consider County-owned sites as the highest
priority for the location of wireless telecommunication facilities.
C. Additional
Location Preferences. Whenever feasible, locate new wireless telecommunication
facilities in industrial and commercial areas. New wireless telecommunication
facilities may be located in agricultural and open space areas only
if other sites are not available or feasible.
D. Wireless
Telecommunication Facilities in Agricultural Areas. If wireless telecommunication
facilities are located in agricultural areas, preference is on dry
pasture or rangeland to prevent conflict with aerial spraying of intensely
cultivated farmland. If locations in cultivated areas are unavoidable,
locate towers or antenna near or on other structures or along major
roadways, preferable locating towers on the same side of the road
(for aerial sprayer safety).
(Ord. 1976 § 2, 2019; Ord. 1990 § 1, 2020)
The following definition of "substantial change" shall refer
to a single change, or a series of changes over time (whether made
by the same or different entities) viewed against the baseline conditions
for the wireless telecommunication tower or base station that would
have any of the effects described below:
A. Wireless
Telecommunication Tower.
1. Height.
The proposed co-location or modification would increase the height
by more than 10 percent or 10 feet above the originally-approved height
(whichever is greater); and/or
2. Width.
The proposed co-location or modification would protrude from the edge
of the originally approved structure by more than six feet.
B. Wireless
Telecommunication Base Station.
1. Height.
The proposed co-location or modification would increase the height
of the base station by more than 10 percent or 10 feet above the originally
approved height (whichever is greater); and/or
2. Width.
The proposed co-location or modification would protrude from the edge
of the originally approved base station structure by more than six
feet.
C. Additional
Equipment Cabinets. The proposed co-location or modification would
involve adding additional equipment cabinets, but in no case shall
the wireless telecommunication facility exceed four cabinets.
D. Work
Outside Existing Boundaries. A proposal that includes excavation or
development of equipment outside the wireless telecommunication facility's
originally approved boundaries.
E. Change
in Approved Appearance. A proposal to alter or expand the exterior
of any wireless telecommunication facility or base station.
F. Violation
of Condition of Approval. The proposed co-location or modification
would violate an existing condition of approval.
G. Site
Alterations. A proposal that would alter required access, parking,
or landscaping.
H. Replacement
of Facility. A proposal to replace the wireless telecommunication
tower or foundation.
(Ord. 1976 § 2, 2019)
All equipment associated with a wireless telecommunication facility
shall be removed from the site within 30 days of the discontinuance
of the use and the site shall be restored to its original pre-construction
condition or better, subject to the approval of the Director. The
service provider shall provide the County with a notice of intent
to vacate a site a minimum of 30 days before site vacation. This removal
requirement, and appropriate bonding requirements, shall be included
in the terms of a lease for a facility on public property. A private
lease for a facility located on private property is encouraged to
include terms for equipment removal, since the property owner shall
be ultimately responsible for removal of the equipment.
(Ord. 1976 § 2, 2019)