This chapter provides standards and procedures to regulate the development, siting, installation, and operation of wireless telecommunications antennas and related facilities consistent with the applicable requirements of Federal law. The regulations are intended to provide for the appropriate development of wireless telecommunication facilities within the City to meet the needs of residents, business owners, and visitors while protecting public health and safety and preventing visual blight and degradation of the community’s aesthetic character.
The requirements of this chapter apply to all telecommunications facilities within the City, not otherwise regulated by the City, pursuant to Goleta Municipal Code Chapter 12.20, Wireless Facilities in Public Road Rights-of-Way, that transmit and/or receive wireless electromagnetic signals, including, but not limited to, personal communications services (cellular and paging) and radio and television broadcast facilities.
A. 
These facilities include small and large cell facilities on privately-owned property and wireless facilities on public property not regulated by Goleta Municipal Code Chapter 12.20.
B. 
The requirements apply to telecommunication facilities that are the primary use of a property as well as those that are accessory facilities.
(Ord. 20-03 § 6; Ord. 23-05 § 4)
This section establishes the permit requirements for all new and existing wireless telecommunication facilities within the City.
A. 
Exempt. The following types of telecommunication facilities that do not exceed the maximum height permitted by this Title are exempt from requiring a Zoning Permit:
1. 
Licensed amateur radio antennas and citizen band operations.
2. 
Hand-held, mobile, marine, and portable radio transmitters and/or receivers.
3. 
Emergency services radio.
4. 
Radio and television mobile broadcast facilities.
5. 
Antennas and equipment cabinets or rooms, and other telecommunications facilities, where the antenna and support equipment are completely hidden from public view within a permitted structure or fully concealed by a permitted architectural feature on the exterior of a structure.
6. 
A single ground-mounted or building-mounted receive-only radio or television antenna, including any mast, or a receive-only radio or television satellite dish antenna, subject to the following restrictions:
a. 
Residential Districts.
i. 
Satellite Dish One Meter or Less. A satellite dish that does not exceed one meter in diameter and is for the sole use of a resident occupying the same residential parcel is permitted anywhere on a lot in the residential district so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel.
b. 
Non-Residential Districts.
i. 
Satellite Dish Two Meters or Less. A satellite dish that does not exceed two meters in diameter is permitted anywhere on a lot in a non-residential district so long as the location does not reduce required parking, diminish pedestrian or vehicular access, or require removal of required landscaping.
7. 
City-owned and operated facilities used for public purposes.
8. 
Telecommunication facilities subject to FCC ruling (WT Docket No. 17-79, WC Docket No. 17-84; FCC 18-133).
9. 
Any other private or commercial antenna or wireless communications facility that is exempt from all local regulation and development standards, pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations along with the required building permit application, or if no building permit is required, prior to its installation.
B. 
Zoning Clearance. The following types of telecommunication facilities that do not exceed the maximum height permitted by this Title must receive issuance of a Zoning Clearance prior to approval of any building permit for installation:
1. 
Existing Facilities. Minor modifications to existing wireless facilities, including replacement inkind or with smaller or less visible equipment, that meet the standards set forth in this Title and will have little or no change in the visual appearance of the facility require the review and issuance of a Zoning Clearance.
2. 
New Facilities on Private Lands or Structures. When located within a residential or nonresidential zone district, the following types of new telecommunication facilities require review and approval of a Zoning Clearance.
a. 
Residential Districts.
i. 
Satellite Dish Greater than One Meter. A satellite dish that is greater than one meter in diameter, is not located within a required front yard or side yard abutting a street and is screened from view from any public right-of-way and adjoining property.
ii. 
Antennas. An antenna that is mounted on any existing building or other structure that does not exceed 25 feet in height. The antenna must be for the sole use of a resident occupying the same residential parcel on which the antenna is located.
b. 
Non-Residential Districts.
i. 
Satellite Dish Greater than Two Meters. A satellite dish that is greater than two meters in diameter that is not located within a required front yard or side yard abutting a street and is screened from view from any public right-of-way and adjoining property.
ii. 
Mounted Antennas. An antenna that is mounted on any existing building or other structure when the overall height of the antenna and its supporting tower, pole or mast does not exceed a height of 30 feet, or 25 feet if located within 20 feet of a Residential district.
iii. 
Freestanding Antennas. A free-standing antenna and its supporting tower, pole, or mast that complies with all applicable setback ordinances when the overall height of the antenna and its supporting structure does not exceed a height of 30 feet or 25 feet if located within 20 feet of a Residential district.
C. 
Land Use Permit or Coastal Development Permit. The following types of telecommunication facilities that do not exceed the maximum height permitted by this Title must receive approval of a Land Use Permit, pursuant to Chapter 17.55, or a Coastal Development Permit, pursuant to Chapter 17.61, prior to approval of a building permit for installation:
1. 
All Zone Districts.
a. 
Co-Located Facilities. Permitted when proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunication collocation facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.
b. 
Non-Stealth Facilities. Non-stealth facilities where the antenna and support equipment are clearly visible from public viewing areas but are not subject to review by the Design Review Board, pursuant to Chapter 17.58, Design Review.
D. 
Conditional Use Permit. Discretionary Approval of both a Minor Conditional Use Permit, pursuant to Chapter 17.57, and Design Review, pursuant to Chapter 17.58 are required for the following:
1. 
All new telecommunication facilities that do not fall into one of the permit types above.
2. 
Any alteration to an existing facility that does not fall into the limited standards for a minor change to a previously approved project, pursuant to Chapter 17.36, Nonconforming Uses and Structures.
(Ord. 20-03 § 6; Ord. 21-07 § 4)
All wireless telecommunication facilities shall be located, developed, and operated in compliance with all of the following development and operational standards and with applicable standards of the base Zone District that they are located in.
A. 
Location and Siting.
1. 
All wires and/or cables necessary for operation of an antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna.
2. 
No new freestanding facility, including a tower, lattice tower, or monopole, shall be located within 1,000 feet of another freestanding facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible, and mounting on a building or co-location on an existing pole or tower is not feasible.
3. 
All wireless telecommunication facilities shall meet the building setback standards of the district which they are to be located.
4. 
When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The Director may require co-location or multiple-user wireless telecommunication facilities based on a determination that it is feasible and consistent with the purposes and requirements of this chapter.
5. 
When determined to be feasible and consistent with the purposes and requirements of this chapter, the Director shall require the applicant to make unused space available for future co-location of other wireless telecommunication facilities, including space for different operators providing similar, competing services.
B. 
Support Structures. Support structures for wireless telecommunication facilities may be any of the following:
1. 
A new ground-mounted monopole that allows for co-location of at least one other similar wireless communications provider.
2. 
A monopole mounted on a trailer or other type of portable foundation, but only if used as a temporary wireless communications facility and subject to Chapter 17.56, Temporary Use Permits.
3. 
An existing non-residential building.
4. 
An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.
5. 
An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the wireless telecommunication facility. The term “functioning” as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.
6. 
Existing publicly-owned and operated monopole or a lattice tower exceeding the maximum height limit.
C. 
Height Requirements.
1. 
Freestanding Antenna or Monopole. A freestanding antenna or monopole shall not exceed the height limit of the district in which it is located.
2. 
Building-Mounted Facilities. Building-mounted wireless telecommunication facilities shall not exceed a height of 15 feet above the height limit of the district or 15 feet above the existing height of a legally established building or structure, whichever is higher, measured from the top of the facility to the point of attachment to the building.
3. 
Facilities Mounted on Structures. Wireless telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to 15 feet above the height of an electric utility pole.
4. 
Facilities Mounted on Light Poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for such light poles.
D. 
Design and Screening. Wireless telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.
1. 
Stealth Facilities. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Where no stealth design technology is proposed for the site, a detailed analysis as to why stealth design technology is physically and technically infeasible for the project shall be submitted with the application.
2. 
Other Facility Types. If a stealth facility is not feasible, the order of preference for facility type is, based on their potential aesthetic impact: façade-mounted, roof-mounted, ground-mounted, and free-standing tower or monopole. A proposal for a new ground-mounted or free-standing tower shall include factual information to explain why other facility types are not feasible.
3. 
Minimum Functional Height. All free-standing antennas, monopoles, and lattice towers shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher antenna, monopole, or tower will facilitate co-location.
4. 
Camouflage Design. Wireless telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened or painted to minimize their appearance in a manner that is compatible with the architectural design of the building or structure. New facilities must not include the use of faux trees as camouflage.
5. 
Equipment Cabinets. Equipment cabinets shall be located within the building upon which antennae are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the Review Authority. Any wall must be architecturally compatible with the building or surrounding area.
6. 
Landscaping. Landscaping shall be provided for and maintained to screen any ground structures or equipment visible from a public right-of-way.
7. 
Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
8. 
Advertising. No advertising shall be placed on wireless telecommunication facilities, equipment cabinets, or associated structures.
E. 
Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.
1. 
Fencing. Security fencing, if any, shall not exceed the fence height limit of the base district. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view.
2. 
Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.
F. 
Radio Frequency and Noise Standards.
1. 
Radio Frequency. Wireless telecommunication facilities shall comply with Federal standards for radio frequency emissions and interference. Failure to meet Federal standards may result in termination or modification of the permit.
2. 
Noise. Wireless telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 dBA measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBA during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBA during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any non-residential adjacent property. Backup 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 8:30 a.m. and 4:30 p.m.
G. 
Co-Location. The applicant and owner of any site on which a wireless facility is located shall cooperate and exercise good faith in co-locating wireless facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of co-location and may include negotiations for erection of a replacement support structure to accommodate co-location. A competitive conflict to co-location or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
1. 
All facilities shall make available unused space for co-location of other wireless telecommunication facilities, including space for these entities providing similar, competing services. Colocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the City may require the applicant to obtain a third-party technical study at applicant’s expense. The City may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
2. 
All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including, but not limited to, parking areas, access roads, utilities and equipment buildings, shall be designed to be shared by site users whenever possible.
3. 
No co-location may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet Federal standards for emissions.
4. 
Failure to comply with co-location requirements when feasible or cooperate in good faith as provided for in this chapter is grounds for denial of a permit request.
H. 
Fire Prevention. All wireless telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
1. 
At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
2. 
The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.
3. 
Monitored automatic fire extinguishing systems approved by County Fire shall be installed in all equipment buildings and enclosures.
4. 
Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.
I. 
Surety Bond. As a condition of approval, an applicant for a building permit to erect or install a wireless telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the City Attorney to cover the full removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated or revoked.
J. 
Photo-Simulations. All applications for development associated with new or existing telecommunication facilities that are subject to this Title shall provide color photo-simulations that visually depict each of the applicable development standards of this section.
(Ord. 20-03 § 6)
A. 
Findings for All Telecommunication Projects. In additional to any required findings for the specific Zoning Permit or Discretionary Action require by this chapter for the approval of a wireless telecommunication facility, and all common procedures findings of Section 17.52.070, the Review Authority shall make all of the following additional project-specific findings:
1. 
The proposed telecommunication facility conforms with all applicable development standards of this chapter.
2. 
The proposed telecommunication facility will be a co-located facility, or additional findings for non-co-located facilities can be made.
3. 
The proposed site results in fewer or less severe environmental impacts than any feasible alternative site.
4. 
The proposed facility will not be readily visible, or it is not feasible to incorporate additional measures that would make the facility not readily visible.
5. 
The applicant has demonstrated that the facility will be operated within the frequency range allowed by the Federal Communications Commission and complies with all other applicable safety standards.
6. 
The applicant has demonstrated that there is a need for service (i.e., coverage or capacity) and the area proposed to be served would not otherwise be served by the carrier proposing the facility.
B. 
Additional Findings for Facilities Not Co-Located. In additional to all findings required in subsection A, in order to approve a wireless telecommunication facility that is not co-located with other existing or proposed facilities or a new ground-mounted antenna, monopole, or lattice tower the Review Authority must make at least one of the following additional findings:
1. 
The applicant has made good faith and reasonable efforts to locate the proposed wireless facility on an existing support structure to accomplish co-location, but no sites exist or are available within the area where coverage or capacity improvements are needed;
2. 
Co-location or siting on an existing structure is not feasible because of technical, aesthetic, or legal considerations (i.e., co-location would have more significant adverse effects on views or other environmental considerations; co-location is not permitted by the property-owner; co-location would impair the quality of service to the existing facility; or, co-location would require existing facilities at the same location to go off-line for a significant period of time).
C. 
Setback Reductions. Any request for a reduction to a required setback must be reviewed as part of the Discretionary Review of the Conditional Use Permit, pursuant to Chapter 17.57, Conditional Use Permits, or by submitting an application for a modification to be concurrently processed with the applicable Ministerial Permit. The Review Authority must still be able to make all applicable Findings for Approval to approval the project with the setback reduction.
D. 
Other Exceptions to Development Standards. The Review Authority may waive or modify requirements of this Title upon making a finding that strict compliance with any specific requirement would result in noncompliance with applicable Federal or State law.
(Ord. 20-03 § 6)
A. 
The service provider shall notify the Director of the intent to vacate a site at least 30 days prior to the vacation.
B. 
The permit for any antenna or tower that is not operated for a continuous period of 12 months shall be deemed lapsed and the site will be considered abandoned unless:
1. 
The Zoning Administrator has determined that the same operator resumed operation within six months of the notice; or
2. 
The City has received an application to transfer the permit to another service provider as provided for in Section 17.42.060, Telecommunications Facilities—Transfer of Ownership.
C. 
No later than 90 days from the date the use is discontinued or the provider has notified the Zoning Administrator of the intent to vacate the site, the owner of the abandoned antenna or tower or the owner of the property on which the facilities are sited shall remove all equipment and improvements associated with the use and shall restore the site to its original condition as shown on the plans submitted with the original approved application or as required by the Zoning Administrator.
1. 
The provider or owner may use any bond or other assurances provided by the operator to accomplish the required restoration.
2. 
The owner or the owner’s agent shall provide written verification of the removal of the wireless telecommunications facility within 30 days of the date the removal is completed.
D. 
If the antenna or tower is not removed within 30 days after the permit has lapsed under subsection B above, the site shall be referred to Code Enforcement and the Zoning Administrator may cause the antenna or tower to be removed at the owners’ expense or by calling any bond or other financial assurance to pay for removal.
1. 
If there are two or more users of a single tower, then this provision shall apply to the abandoned antenna but not become effective for the tower until all users cease using the tower.
2. 
The requirement for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for wireless telecommunications facilities.
(Ord. 20-03 § 6; Ord. 23-05 § 4)
In the event that the original permittee sells or otherwise transfers its interest in a wireless telecommunications facility, or an interest in a wireless telecommunications facility is otherwise assumed by a different carrier, the succeeding carrier must assume all responsibilities concerning the project, including, without limitation, City-issued permits for the project, and will be held responsible to the City for maintaining consistency with all project conditions of approval. A new contact name for the project and a new signed and recorded “Agreement to Comply with Conditions of Approval” must be provided by the succeeding carrier to the Director within 30 days of the transfer of interest in the facility.
(Ord. 20-03 § 6)