All non-retail commercial cannabis uses, including commercial cannabis cultivation, manufacturing, and distribution, shall be subject to the following limitations:
(A) 
License. Non-retail commercial cannabis uses shall not be permitted on any parcel within the County without (1) a currently valid local license required by Chapter 7.128 SCCC; and (2) a currently valid State license required under California law. Except as expressly defined in this section, the definitions in SCCC § 7.128.030 shall apply to the terms used herein.
(B) 
General.
(1) 
Procedures. Non-retail commercial cannabis uses and development shall be subject to the procedures applicable under Chapter 18.10 SCCC at the approval level established in the appropriate use chart for the zoning district. For purposes of determining the approval level applicable to cannabis uses and development, the square footage of a structure, greenhouse, hoop house or growing area shall be cumulative as to the parcel, cultivation site or facility, as applicable.
(2) 
Development. Inside the Coastal Zone, and within one mile beyond the Coastal Zone, no new non-retail commercial cannabis structures may be permitted. Except for legal structures existing on the effective date of this section, use of any structure for non-retail commercial cannabis use shall be considered new development. All non-retail commercial cannabis uses and development, including structures, greenhouses, hoop houses, and related parking lots and access roads, proposed for non-retail commercial cannabis uses in zoning districts in which such uses may be approved shall be consistent with the General Plan and shall require all other applicable approvals (including but not limited to grading and building permits and coastal development permits for development as defined in Chapter 13.20 SCCC) and shall be subject to all other applicable requirements of this code and other applicable laws and regulations. Cannabis may not be cultivated or manufactured within a residence and may not be stored for distribution within a residence.
(3) 
Best Management and Operational Practices Plan. No use or development permit for non-retail commercial cannabis business activities may be issued before the applicant has submitted, and the Cannabis Licensing Official has approved, a completed Best Management and Operational Practices ("BMOP") Plan on the form(s) created by the Cannabis Licensing Official for that purpose. The purpose of the BMOP Plan is to ensure that all cannabis business activities conserve natural resources and have as minimal an impact as possible on the surrounding environment. The BMOP Plan shall address siting criteria, site design, construction requirements, operational requirements, and additional miscellaneous issues in order to meet this purpose.
(4) 
Environmental Protection. All non-retail commercial cannabis use shall comply with the provisions of all applicable environmental laws and regulations, including County environmental resource protection ordinances (SCCC Title 16) and all applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code (the California Environmental Quality Act, and State CEQA Guidelines, process). No exceptions to riparian setback requirements under Chapter 16.30 SCCC or to sensitive habitat setback requirements under Chapter 16.32 SCCC shall be available for non-retail commercial cannabis use or development. No non-retail commercial cannabis use or development may be permitted except upon a finding that the approval will not result in any significant unmitigated impact to water supply, biotic resources or other sensitive environmental resources.
(5) 
No Cannabis Activities Allowed within Sandhills Habitat or Salamander Protection Zone. The County shall review whether a cultivation or manufacturing site is located within the Sandhills habitat or in oak woodland within one-quarter mile of a known or suspected salamander breeding pond during its biological resources assessment process. The County shall not issue a license for any cannabis activity proposed within the Sandhills or SCLTS habitats, with the exception of those indoor activities that do not require any soil disturbance.
(6) 
Land Clearing/Grading. A land clearing permit must be obtained for any clearing in sensitive habitat as defined in Chapter 16.32 SCCC and for clearing exceeding one-quarter acre in any other area. In addition to meeting standards and regulations found in SCCC Title 16 and any other applicable regulation in SCCC Title 13:
(a) 
Retained cuts and fills shall not exceed 10 feet.
(b) 
Non-retained cuts and fills shall not exceed five feet.
(c) 
Outdoor cultivation is not allowed on slopes steeper than 20 percent.
(d) 
No grading is allowed on slopes greater than 20 percent, where slope gradient is measured as natural grade, or where the grade has been modified through an approved grading permit.
(e) 
Remedial grading may be necessary in order to satisfy the requirements of this chapter. All remedial grading must be shown on the final grading plan. Remedial grading may include over excavation and recompaction of on-site soils, buttress fills, or other grading activities deemed necessary to bring unpermitted grading into compliance with County Code.
(f) 
Excessive or unnecessary grading may be grounds for grading application denial.
Exceptions to these rules may be granted if exceeding the limits above will result in less environmental damage than all other design alternatives, or if no other alternative exists, as determined by Environmental Planning staff.
(7) 
Outside Lighting. The application for a non-retail commercial cannabis use or development permit shall include plans for all outdoor lighting for review and approval. All outdoor lighting shall have the illumination directed downward or shielded so that glare is not projected onto adjacent properties or skyward. No lighting for cultivation purposes, except that necessary for security, shall be visible at cultivation sites from sunset to sunrise.
(8) 
Parking. The application for a non-retail commercial cannabis use or development permit shall include a parking plan and documentation of parking needs for review and approval. The plan shall provide adequate off-street parking for all employees and allow for loading and unloading.
(9) 
Site and Building Design. All new development shall be clustered or otherwise sited to reduce impacts. New structural development shall ensure the proposed building has sufficient architectural design to be compatible with the architectural character and scale of the surrounding area.
(a) 
In the CA zone district, any new development use shall be subject to the findings in SCCC § 13.10.314(A).
(b) 
In the TP zone district, permits authorizing non-retail commercial cannabis activities may be granted only on parcels with a pre-existing legal commercial use (regardless of when established) where cannabis business activities will take place in previously cleared areas. New development and site disturbance associated with cannabis business activities and related infrastructure on these parcels are limited to: (i) no more than 5,500 square feet of site disturbance; and (ii) the removal of no more than five trees with an individual diameter breast height (d.b.h.) between 12 and 40 inches. Moreover, a timberland conversion permit must be obtained as required by the California Division of Forestry before any trees are removed, and removal of trees with a d.b.h. of greater than 40 inches is not permitted. In addition, any new structural development and parking facilities on these parcels shall be clustered within 200 feet of other buildings on the parcel in order to facilitate timber production and harvesting and to preserve the rural character of the land, unless a different option can be demonstrated to have fewer environmental impacts.
(10) 
Setbacks. All development shall be set back from the property line the minimum distance required by the zone district, or as otherwise required in this section, and may be required as a condition of a use or development permit to be set back a specified distance from the nearest off-site residence, if applicable, depending on the individual circumstances of the application.
(11) 
Landscaping and Screening. All new structural development shall be landscaped or located in the natural setting to soften the geometric form and to blend it with the rural character of the surrounding area. Parking lots and outdoor work and storage areas shall be screened from view from adjacent properties and roadways by vegetative plantings or other natural features and screening. Plantings shall be completed before final building inspection is approved.
(12) 
Outside Operations. Applications for a non-retail commercial cannabis use or development permit shall include information to describe the nature of any proposed outside operations. All outside operations shall be screened to minimize visibility from adjacent residences and roads. Within the Coastal Zone, fencing shall be minimized, in no case shall exceed six feet, and shall be designed to allow the passage of wildlife and shall not be seen from public roads.
(13) 
Noise Control. The application for a non-retail commercial cannabis use or development permit shall include information regarding the anticipated noise levels of the cannabis operation. Noise shall be limited to be consistent with the requirements of the General Plan Noise Element.
(14) 
Operating Hours.
(a) 
The application for a non-retail commercial cannabis use or development permit shall include information regarding the proposed operating hours of the facility. The operating hours shall be established and approved as a condition of the approval.
(b) 
Outside operating hours shall be limited to 7:00 a.m. to 7:00 p.m. These limits may be exceeded by obtaining approval of the Planning Commission, and limits shall be set by condition on the use approval based on the individual merits of the location and surroundings.
(15) 
Access. Access shall meet County road standards for the proposed use, including accommodation of delivery vehicles and emergency vehicles.
(16) 
Fire Protection. All regulations of the local fire district or County Fire Marshal shall be met to ensure adequate access, water availability and other conditions for fire protection.
(17) 
Water.
(a) 
All applications for any non-retail commercial cannabis use or development permit shall be accompanied by a letter from the water district serving the area stating that adequate capacity is available to serve the use, or the applicant shall demonstrate it has an approved on-site source or other adequate alternative source of water.
(b) 
All water used for cultivation purposes must be obtained from an approved on-site source, except for water used in the case of emergencies, and water obtained from a Department of Public Health, Food and Drug Branch licensed purveyor that is used solely for the initial filling of water tanks used to meet on-site water storage requirements for firefighting purposes. Cannabis shall not be cultivated with the use of a shared water source or water extraction equipment without the express permission of all of the persons holding an ownership interest in that water source or water extraction equipment. The applicant shall submit an identification of water supply to be used for cultivation and documentation demonstrating that the source is in compliance with all statutes, regulations, and requirements of the California State Water Resources Control Board, Division of Water Rights.
(c) 
If a new structure is proposed to be constructed, water saving devices shall be incorporated into the design, and shall be indicated on building and landscaping plans for review and approval.
(18) 
Sewer/Septic. A letter from the sewer district serving the parcel shall be submitted with the application stating that adequate capacity is available to serve the use, or the applicant shall otherwise demonstrate compliance with the requirements of Chapter 7.38 SCCC and adequacy of any septic system serving the site.
(19) 
Odors. Applications for a commercial cannabis use or development permit for outdoor cultivation must include a written statement demonstrating that the applicant has, to the maximum extent feasible given the topography of the site, taken neighboring sensitive receptors into account in site selection.
(20) 
Indemnity. Each use or development permit issued pursuant to this section shall have as a condition of the permit a requirement that the applicant defend, indemnify and hold harmless the County and its officers, agents, and employees from and against any claim (including attorney's fees) against the County, its officers, employees or agents to attack, set aside, void or annul the approval of the permit or any subsequent amendment of the permit.
(C) 
Commercial Cannabis Cultivation.
(1) 
Zoning. Subject to the limitations set forth in subsections (C)(2), (3) and (4) of this section, commercial cannabis cultivation uses may be permitted in the following zones: CA (Commercial Agriculture), A (Agriculture), RA (Residential Agriculture), C-4 (Commercial Services), M (Industrial), TP (Timber Production), and SU (Special Use) where the General Plan designation of the parcel is "R-R" (Rural Residential), "R-M" (Mountain Residential), "AG" (Agriculture) or "I" (Heavy Industry).
(2) 
Minimum Parcel Size.
(a) 
The minimum parcel size for commercial cannabis cultivation in the CA zone is one acre.
(b) 
The minimum parcel size for commercial cannabis cultivation in the A zone is 2.5 acres (Class CG license only) or 10 acres (Class A license).
(c) 
The minimum parcel size for commercial cannabis cultivation in the RA zone is 2.5 acres (Class CG license only) or five acres (Class RA license).
(d) 
The minimum parcel size for commercial cannabis cultivation in the TP zone is 2.5 acres (Class CG license only) or five acres (Class TP license).
(e) 
The minimum parcel size for commercial cannabis cultivation in the SU zone is 2.5 acres (Class CG license only) or 10 acres (Class SU license) for parcels with a General Plan designation of R-M, R-R or AG; there is no minimum parcel size for parcels in the SU zone with a General Plan designation of I.
(3) 
Restrictions.
(a) 
Commercial cannabis cultivation shall not be permitted inside the Coastal Zone or within one mile beyond the Coastal Zone, except in the CA, A, C-4 and M zones.
(b) 
Commercial cannabis cultivation shall not be permitted within the Urban Services Line or the Rural Services Line, except in C-4 and M zones and in CA and A zones located inside the Coastal Zone and within one mile beyond the Coastal Zone.
(c) 
Inside the Coastal Zone, and within one mile beyond the Coastal Zone, commercial cannabis cultivation may only be permitted: 1) in CA and A zones outdoors; or 2) in structures existing on the effective date of the ordinance adopting this section. No new structures, including hoop houses (defined as agricultural shade structures exempt from building permits under SCCC § 12.10.315), shall be allowed.
(d) 
No outdoor (including hoop house) commercial cannabis cultivation shall be permitted in zones C-4 and M.
(i) 
Exception: In the M-3 zoning district, where quarry operations have ceased, outdoor cultivation (including hoop house cultivation) may be permitted in conjunction with the adoption or amendment of a reclamation plan.
(e) 
Commercial cannabis cultivation may be permitted in SU zones only if the General Plan designation of the parcel is "R-R" (Rural Residential), "R-M" (Mountain Residential), "AG" (Agriculture) or "I" (Heavy Industry), subject to the restrictions of SCCC § 13.10.382. In the SU zone district, on parcels with a General Plan designation of R-R, R-M or AG, permits authorizing non-retail commercial cannabis activities may be granted only on parcels of at least 20 acres, except for those applicants who cultivate on parcels of at least 10 acres where sufficient evidence exists that cannabis was being cultivated as of January 2013, and the use permit is granted no later than December 31, 2020.
(f) 
Commercial cannabis cultivation with a Class CG license may be permitted within the CA, A, RA, TP zoning districts and in the SU zoning district on parcels with a General Plan designation of R-R, R-M or AG on parcels of at least 2.5 acres in size where all requirements under Chapter 7.128 SCCC applicable to a Class CG license are met.
(g) 
Indoor cultivation of immature plants (starts and seedlings) may only take place within legal structures existing as of the effective date of the ordinance adopting this section, or it shall be accommodated in a new permitted structure without requiring the addition of any square or cubic footage (such as by vertical stacking or shelving).
(h) 
Total cannabis cultivation area on any parcel shall not exceed the limit applicable under the currently valid license for cultivation on the parcel, subject to approval of the Licensing Official, as follows:
Zone/Class
Total Applicable Cultivation Area Description
CA/Class CA *
On parcels where cultivation is conducted outdoors or requires new structural development, up to 5 percent of the size of the parcel may be utilized for canopy, immature plant growth areas and/or nursery operations. An additional 2.5 percent of the size of the parcel may be utilized for nursery operations or immature plant growth areas or some combination of both.
After three years of continuous operations, canopy limits may be expanded up to 15 percent of the size of the parcel at the discretion of the Licensing Official. An additional 10 percent of the size of the parcel may be utilized for nursery operations or immature plant growth areas or some combination of both.
On parcels where cultivation takes place solely within structures existing as of November 2016, cannabis cultivation area limits will be set by the Licensing Official.
A/Class A
On parcels smaller than 20 acres, up to 3 percent of the size of the parcel, not to exceed 10,000 square feet total among all licensees.
On parcels 20 acres or larger, up to 1.5 percent of the size of the parcel, not to exceed 22,000 square feet among all licensees.
RA/Class RA
On parcels between five and 10 acres in size, up to 1.25 percent of the size of the parcel, not to exceed 5,100 square feet.
On parcels larger than 10 acres, up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet.
C-4/Class C-4 M/Class M
Canopy may not to exceed 22,000 square feet. Immature plant growth area may not exceed 11,000 square feet. Inside the Coastal Zone, cultivation area shall not exceed 22,000 square feet.
TP/Class TP**
Up to 1.25 percent of the size of the parcel not to exceed 10,000 square feet.
After three years of continuous operations canopy limits may be expanded up to 10 percent of the size of the parcel at the discretion of the Licensing Official.
SU-AG, SU-R-R, SU-R-M/Class SU
Up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet.
After three years of continuous operations, canopy limits may be expanded up to 10 percent of the size of the parcel at the discretion of the Licensing Official.
SU-I/Class SU
Up to 1.25 percent of the size of the parcel, not to exceed 22,000 square feet.
After three years of continuous operations, canopy limits may be expanded up to 10 percent of the size of the parcel at the discretion of the Licensing Official.
CG (CA, A, RA, TP and SU-R-R, R-M or AG)/Class CG
500 square feet.
*
The Cannabis Licensing Official may set a larger cannabis cultivation area in CA zone districts, subject to the following criteria (see also Chapter 7.128 SCCC):
(i)
Cultivation occurs on a single parcel, indoors, not inside the Coastal Zone or within one mile beyond the Coastal Zone.
(ii)
Development, including all site disturbance necessary to construct, reconstruct or remodel the building(s) and infrastructure to serve the buildings, including but not limited to parking, access, turn around, water supply, equipment, and storage, occurs only where the ground is covered with existing impermeable surface. The impermeable area where development will occur must have been duly permitted or be legally non-conforming pursuant to SCCC §§ 13.10.260, 13.10.261, and 13.10.262, and must have existed prior to April 18, 2019.
(iii)
Development of an indoor cultivation structure on a CA parcel will include additional conditions of approval to ensure protection of agricultural resources.
**
With a TP license, canopy may only be expanded on eligible sites to the maximum size identified in (i) and (ii) above upon specific application to expand, and only in conjunction with the additional restrictions set forth in subsection (B)(9)(b) of this section.
(4) 
Setbacks.
(a) 
Commercial cannabis cultivation shall not be allowed within 600 feet of (i) a municipal boundary; (ii) a school, a day care center, or youth center; (iii) a library; (iv) an alcohol or drug treatment facility; or (v) any park other than a State park located within the urban area defined by the Urban Services Line.
(b) 
Commercial cannabis cultivation shall not be allowed within one-quarter mile of a school if pesticides may be applied using aircraft, air blast sprayers, sprinklers, dust, powder, fumigants, or any other method which may cause the pesticide to travel outside of the property boundary.
(c) 
Commercial cannabis nursery operations, including both indoor and within an enclosed cultivation (such as an agricultural shade structure as defined by SCCC § 12.10.315(A)(11)) within the CA zone district shall not be allowed within 50 feet of any habitable structure on a neighboring parcel. Indoor commercial cannabis cultivation shall not be allowed within 200 feet of any habitable structure on a neighboring parcel except in the CA zone district where indoor commercial cannabis cultivation shall not be allowed within 100 feet of any habitable structure on a neighboring parcel. Outdoor commercial cannabis cultivation shall not be allowed within 400 feet of any habitable structure on a neighboring parcel.
(d) 
Commercial cannabis cultivation shall not be allowed within 300 feet of a State park located within the urban area defined by the Urban Services Line.
(e) 
On parcels ranging in size from one to five acres, commercial cannabis cultivation shall not be allowed within 100 feet of a public right-of-way. This setback does not apply when the cultivation is entirely indoors.
(f) 
On parcels ranging in size from five to 10 acres, commercial cannabis cultivation shall not be allowed within 200 feet of a public right-of-way. This setback does not apply when the cultivation is entirely indoors.
(g) 
On parcels over 10 acres in size, commercial cannabis cultivation shall not be allowed within 300 feet of a public right-of-way. This setback does not apply when the cultivation is entirely indoors.
(h) 
Commercial cannabis cultivation shall not be allowed within 100 feet of a perennial stream.
(i) 
Commercial cannabis cultivation shall not be allowed within 50 feet of an intermittent stream or within the setbacks required by Chapter 16.30 SCCC (Riparian Corridor and Wetlands Protection) or Chapter 16.32 SCCC (sensitive habitats).
(j) 
Commercial cannabis cultivation shall not be allowed within 50 feet of an ephemeral stream or within the setbacks required by Chapter 16.30 SCCC (Riparian Corridor and Wetlands Protection) or Chapter 16.32 SCCC (sensitive habitats).
(k) 
Commercial cannabis cultivation shall not be allowed within 100 feet of the high-water mark of a lake, estuary, lagoon, or natural body of standing water.
(l) 
For purposes of this section, "school" means any licensed preschool or any public or private school providing instruction in kindergarten or grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private residences.
(m) 
For purposes of this section, "park" means any playground, hiking or riding trail, recreational area, beach, community center or building, historic structure or facility, conservation land, biological mitigation area, or open space owned, managed or controlled by any public entity or conservation entity such as a nonprofit land trust.
(n) 
The distance specified in this subsection for municipal boundaries, schools, day care centers, youth centers, libraries, and drug treatment facilities shall be the horizontal distance measured in a straight line from the municipal boundary, school, library, park, and drug treatment facility to the closest property line of the parcel on which cannabis is being cultivated, without regard to intervening structures.
(o) 
The distance specified in this subsection for public rights-of-way, streams, and habitable structures shall be the horizontal distance measured in a straight line from the public right-of-way, streams and water areas, or habitable structure and the growing area on the cultivation site, without regard to intervening structures.
(p) 
Exceptions.
(i) 
Excluding setbacks required by Chapter 16.30 or 16.32 SCCC, exceptions to the setback rules set forth herein may be allowed subject to a Level 5 approval process with a finding, upon recommendation of the Licensing Official, that the exception is appropriate because physical conditions specific to the cultivation site (such as topography, intervening structures or vegetation, etc.) reduce the setback distance necessary to protect the subject public interest. Notwithstanding the foregoing, no exception shall be granted allowing a setback of less than 100 feet from a habitable structure on a neighboring parcel, except that in the M-1 and C-2 zone districts, the setback from a legal nonconforming habitable structure on a neighboring parcel may be reduced to below 100 feet or eliminated, subject to a Level 5 approval process under this subsection (C)(4)(p).
(ii) 
Exceptions to the setback rules set forth herein may be allowed for indoor cultivation operations in the C-4 and M-1 zone districts within the Rodeo Gulch Area Zoning Overlay subject to a recommendation of the Licensing Official that an exception is appropriate because physical conditions specific to the cultivation facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(5) 
Height.
(a) 
New cannabis related structures in the A zoning district shall not exceed 28 feet in height.
(D) 
Commercial Cannabis Manufacturing.
(1) 
Zoning. Subject to the limitations set forth in subsections (D)(2) and (3) of this section, commercial cannabis manufacturing uses may be permitted, as follows:
(a) 
Class 1 and Class 2 commercial cannabis manufacturing uses are limited to the following zoning districts: CA (Commercial Agriculture), A (Agriculture), RA (Residential Agricultural), TP (Timber Production), C-2 (Community Commercial), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), M-3 (Mineral Extraction Industrial), and SU (Special Use) where the General Plan designation of the parcel is "R-R" (Rural Residential), "R-M" (Mountain Residential) "AG" (Agricultural) or "I" (Industrial).
(b) 
Class 3 commercial cannabis manufacturing uses are limited to the following zoning districts: CA (Commercial Agriculture), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), and M-3 (Mineral Extraction Industrial).
(2) 
Restrictions.
(a) 
In the geographic area designated as the Coastal Zone, and within one mile beyond the Coastal Zone, commercial cannabis manufacturing may only take place within legal structures existing on the effective date of the ordinance adopting this section.
(b) 
Within the RA zone district, extraction activities involving ethanol or CO2 shall be prohibited on parcels less than five acres in size.
(c) 
All Class 3 commercial cannabis manufacturing uses must be located within a 10-minute response time of a fire station. If unable to meet this requirement, a fire clearance shall be required to verify that the facility can safely operate while protecting public health, safety and welfare. No facility shall be established beyond a 20-minute fire response time from the nearest responsible fire station in rural areas.
(d) 
Cannabis manufacture facilities shall be inaccessible by the general public and should be fully enclosed if feasible.
(e) 
Cannabis manufacturing uses within the A, RA and TP zone districts and on parcels within SU zone districts where the General Plan designation is "R-R" (Rural Residential), "R-M" (Mountain Residential) or "AG" (Agriculture) may be permitted only on a parcel that contains a detached single-family dwelling. No manufacturing activities may be undertaken in a dwelling, whether as a home occupation pursuant to SCCC § 13.10.613 or otherwise, but activities in a legal accessory structure may be permitted subject to all applicable restrictions. All manufacturing uses in the A and RA zone districts and on parcels within the SU zone district where the General Plan designation is R-R, R-M or AG that include employees (excepting the owner of the parcel) shall require a Level 5 approval; provided, however, that the number of employees (excepting the owner of the parcel) for any manufacturing use on parcels in the RA zone district and on parcels within the SU zone district where the General Plan designation is R-R, R-M or AG shall be limited to five.
(f) 
Cannabis manufacturing uses in the A, RA and TP zone districts and on parcels within SU zone districts where the General Plan designation is "R-R" (Rural Residential), "R-M" (Mountain Residential) or "AG" (Agriculture) shall be ancillary to licensed commercial cannabis cultivation on the parcel and import of cannabis material for onsite manufacturing may be permitted only with a Level 5 approval, and only as long as manufacturing using imported material does not require new structural development or any additional employees.
(g) 
In the C-2 zone district, commercial cannabis manufacturing is only allowed in conjunction with a licensed dispensary, unless a finding is made, upon recommendation of the Licensing Official, that a proposed stand-alone manufacturing facility within the C-2 zone is consistent with the General Plan and compatible with and will not adversely affect surrounding uses, based on consideration of site-specific conditions such as the location, surrounding zoning, size and/or orientation of the parcel and physical features such as grade or other physical separation from surrounding uses.
(3) 
Setbacks. No cannabis manufacturing facility may be located within 600 feet from (i) a school, (ii) a day care center, or (iii) a youth center. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the school, day care or youth center to the closest property line of the lot containing the manufacturing facility under review, without regard to intervening structures.
(a) 
For purposes of this section, "school" means any licensed preschool or any public or private school providing instruction in kindergarten or grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private residences.
(b) 
Exceptions.
(i) 
Exceptions to the setback rules set forth herein may be allowed subject to a Level 4 approval with a finding, upon recommendation of the Licensing Official, that the exception is appropriate because physical conditions specific to the manufacturing facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(ii) 
Exceptions to the setback rules set forth herein may be allowed for Class 1 and Class 2 manufacturing facilities in the C-4 and M-1 zone districts within the Rodeo Gulch Area Zoning Overlay subject to a recommendation of the Licensing Official that an exception is appropriate because physical conditions specific to the cultivation facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(E) 
Cannabis Distribution.
(1) 
Zoning. Subject to the restrictions set forth in subsections (E)(2) and (3) of this section, commercial cannabis distribution uses may be permitted, as follows:
(a) 
Cannabis distribution pursuant to a Class 1 license associated with commercial cannabis cultivation or manufacturing may be permitted in any zone district in which that use (cultivation or manufacturing, as applicable) is authorized.
(b) 
Cannabis distribution pursuant to a Class 2 license may be permitted only in the C-2 (Community Commercial), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), M-3 (Mineral Extraction Industrial), CA (Commercial Agriculture) zone districts, the SU (Special Use) zone district in accordance with SCCC § 13.10.382, and in the CA zone district within legal structures existing on the effective date of the ordinance codified in this section.
(c) 
Cannabis distribution pursuant to a Transport Only license may be permitted only in the A (Agricultural), C-2 (Community Commercial), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), M-3 (Mineral Extraction Industrial), CA (Commercial Agriculture), PA (Professional and Administrative Offices) zone districts, and within: the RA (Residential Agricultural), RR (Rural Residential), R-1 (Single Family Residential), RB (Ocean Beach Residential), RM (Multifamily Residential), and TP (Timber Production) zone districts in accordance with SCCC § 13.10.613 (Home occupation standards).
(2) 
Restrictions.
(a) 
In the geographic area designated as the Coastal Zone, and within one mile beyond the Coastal Zone, commercial cannabis distribution may only take place within legal structures existing on the effective date of the ordinance adopting this section.
(b) 
A distribution facility shall be inaccessible by the general public and should be fully enclosed if feasible.
(c) 
Commercial cannabis Class 1 distribution uses in the RA and A zone districts shall be ancillary to licensed commercial cannabis cultivation on the parcel.
(d) 
In the C-2 zone district, commercial cannabis distribution is only allowed in conjunction with a licensed dispensary, or licensed commercial cannabis manufacturing.
(e) 
Transport Only distribution licensees may transport cannabis goods between State licensed cannabis businesses and are prohibited from storing cannabis goods.
(f) 
Transport Only distribution licensees must provide a designated off-street parking location.
(g) 
Transport Only distribution licenses for A, RA, RR, R-1, RB, RM and TP zone districts may only be issued where a residence is located on the licensee's parcel.
(h) 
Transport Only distribution licenses for A, RA, RR, R-1, RB, RM and TP zone districts must conform with home occupation standards.
(3) 
Setbacks.
(a) 
No license may be issued to operate a cannabis distribution facility located within 600 feet from (i) a school, (ii) a day care center, or (iii) a youth center. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot containing the distribution facility under review, without regard to intervening structures.
(b) 
For purposes of this section, "school" means any licensed preschool or any public or private school providing instruction in kindergarten or grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private residences.
(c) 
Exceptions.
(i) 
Exceptions to the setback rules set forth herein may be allowed subject to a Level 4 approval with a finding, upon recommendation of the Licensing Official, that the exception is appropriate because physical conditions specific to the distribution facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(ii) 
Exceptions to the setback rules set forth herein may be allowed in the C-4 and M-1 zone districts within the Rodeo Gulch Area Zoning Overlay subject to a recommendation of the Licensing Official that an exception is appropriate because physical conditions specific to the distribution facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(Ord. 5272 § 7, 2018; Ord. 5302 § 4, 2019; Ord. 5334 § 7, 2020; Ord. 5336 § 7, 2020; Ord. 5403 § 1, 2022; Ord. 5447 § 1, 2024; Ord. 5469, 1/28/2025)
No drive-through dining establishments shall be permitted. Drive-through uses associated with other commercial businesses such as pharmacies, banks, car washes, and automobile repair shall be allowed subject to approval of an administrative site development permit and administrative use permit. The use permit may apply additional conditions on the drive-through use, such as limited hours of operation, as appropriate to the use and location. Drive-through facilities shall meet the design requirements in SCCC § 13.16.091, Drive-through facilities.
(Ord. 3432 § 1, 1983; Ord. 5423 § 30, 2022)
[1]
Code reviser's note: Ordinances 5423 and 5425, adopted simultaneously to implement the County's sustainability policy and regulatory update of 2022, both adopt amendments affecting SCCC § 13.10.652. The code reflects the County's intent of having the revisions of Ordinance 5423 remain in place and not repealed by Ordinance 5425. Contact the County for more information.
Machine shops in commercial zone districts shall be operated within a completely enclosed building located 50 feet or more from any residential use; be limited to one horsepower or less motors used to operate lathes, drill presses, grinders, shapers, milling machines, saws, polishers, or metal cutters; exclude drop hammers, automatic screw machines, and punch presses in excess of five-ton capacity.
(Ord. 3432 § 1, 1983)
No dance hall, roadhouse, night club, commercial club, or any establishment where liquor is served, or commercial place of amusement or recreation, or any place where entertainers are provided whether as social companies or otherwise, shall be established in any district closer than 200 feet to the boundary of any residential or recreational district, unless a conditional use permit is first secured in each case. Dining establishments where beer or wine, but no liquor, is served with meals may be established less than 200 feet from a residential or recreational district upon issuance of an administrative use permit. If the beer or wine service is not exclusively incidental to meal service, the enterprise may be established only upon issuance of a conditional use permit. The distance from the establishment to the residential zone district is measured from the building or parking area, whichever is closest, to the nearest property boundary of the nearest residentially or recreationally zoned parcel.
(Ord. 3432 § 1, 1983; Ord. 5423 § 31, 2022)
Radio and television transmission towers and accessory uses thereto, but not including radio and television broadcasting studios, may be allowed in any district but not unless or until a Level V use approval or as otherwise required by the applicable use charts is first secured in each case.
(Ord. 3432 § 1, 1983; Ord. 4496-C § 55, 1998)
(A) 
Authority. This section is adopted pursuant to and in conformity with Section 23790.5 of the California Business and Professions Code.
(B) 
Purpose. The Board of Supervisors of the County of Santa Cruz deems it necessary to regulate the concurrent sale of alcoholic beverages and motor vehicle fuel for the purpose of protecting and promoting the health, safety, and welfare of the general public and the inhabitants of Santa Cruz County.
(C) 
Prohibition as to Concurrent Sale of Alcoholic Beverages Other Than Beer or Wine. The concurrent retailing of alcoholic beverages (other than beer or wine for off-premises consumption) and motor vehicle fuel is prohibited.
(D) 
Permit Required as to Concurrent Sale of Beer or Wine. A development permit including a Level V use approval shall be required to be obtained from the County by any new or by any existing automobile fueling/charging station which proposes to commence on or after January 1, 1989, the concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption. All procedures for application, review, approval, appeal, enforcement, etc., shall be in accordance with Chapter 18.10 SCCC.
(E) 
Required Findings. No development permit shall be issued for the concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption unless the following findings are made, supported by substantial evidence in view of the whole record:
(1) 
The concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption will not significantly adversely affect the public health, safety, or welfare from increases in noise, traffic, and/or violations of traffic and other laws; and
(2) 
The findings specified in SCCC § 18.10.230.
(F) 
Conditions. Reasonable conditions shall be added to a development permit for the concurrent retailing of motor vehicle fuel with beer and wine, including but not limited to the following conditions:
(1) 
No display of beer and/or wine shall be permitted within five feet of the cash register or of the front door unless it is a permanently affixed cooler as of January 1, 1988;
(2) 
No advertisement or advertising of beer and/or wine shall be permitted on or at motor vehicle fuel islands;
(3) 
No sale of beer and/or wine shall be permitted from a drive-in window;
(4) 
No sale or display of beer and/or wine shall be permitted from an ice tub;
(5) 
No self-illuminated advertising for beer and/or wine shall be located on buildings or in windows;
(6) 
Employees on duty who sell beer and/or wine at automobile fueling/charging stations shall be at least 21 years of age; and
(7) 
A period of time shall be specified requiring renewal or review of the development permit.
(G) 
Violations. If there is a finding that a licensee or their employee has sold any alcoholic beverages (including beer and/or wine) to a minor at an establishment engaged in the concurrent retailing of motor vehicle fuel with beer and wine, the alcoholic beverage license at the establishment shall be suspended for a minimum period of 72 hours. This shall not constitute the exclusive remedy for such violation, but rather shall be cumulative to all other enforcement methods available to the County, including, without limitation, those enforcement methods available where the County Zoning Ordinance has been violated.
(H) 
Severability. If any part of this section is for any reason held to be invalid by the final judgment of any court, such judgment shall not affect the validity of the remaining portion of this section.
(Ord. 3669 § 2, 1985; Ord. 3943 §§ 2, 3, 1988; Ord. 3965 §§ 2, 3, 1988; Ord. 5423 § 32, 2022)
(A) 
The criteria and standards for recycling facilities permitted as an accessory or appurtenant use are as follows:
(1) 
Reverse Vending Machines.
(a) 
Shall be established in conjunction with a commercial, community facility or public facility use which is in compliance with the zoning, building, and fire codes of the County of Santa Cruz.
(b) 
Shall, when associated with a commercial use, be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.
(c) 
Shall be constructed and maintained with durable waterproof and rustproof material and shall be covered.
(d) 
Shall be clearly marked to identify the type of material to be deposited.
(e) 
Shall have a sign area of a maximum of four square feet and sign(s) shall be attached to the machine.
(f) 
Shall be no more than 80 cubic feet in bulk and no more than eight feet in height per machine.
(g) 
The operator of the reverse vending machine and the business operator or community facility or public facility operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the reverse vending machines.
(h) 
Reverse vending machines located within a commercial structure, or community facility or public facility structure, do not require any permits under this code.
(2) 
Small Collection Facilities.
(a) 
Facility shall be established in conjunction with a commercial use, or commercial use or public facility use which is in compliance with the zoning, building and fire codes of the County of Santa Cruz;
(b) 
Containers shall be constructed and maintained with durable waterproof and rustproof material and shall be covered at all times when not attended;
(c) 
Containers shall be clearly marked to identify the type of recyclable materials which may be deposited;
(d) 
Facility shall be clearly marked to identify the name and telephone number of the facility operator;
(e) 
Site shall be swept and maintained in a dust-free, litter-free condition on a daily basis;
(f) 
The facility shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation, or any loading facilities;
(g) 
Facility shall be set back at least 10 feet from any street line;
(h) 
The facility shall not impair the landscaping required for any concurrent use by the County Code or any permit issued pursuant thereto;
(i) 
Noise level shall not at any time exceed 60 dBA as measured at the property line of any residentially zoned or residential use property; otherwise shall not exceed 65 dBA;
(j) 
Facility shall not include power-driven sorting and/or consolidation equipment such as crushers, balers, or bulk reverse vending machines;
(k) 
Signs may be provided as follows:
(i) 
Unattended container not over 80 cubic feet in bulk and not over eight feet in height may have a maximum sign area of four square feet;
(ii) 
Other containers or units may have one or more flat-mounted signs on each side, no larger in total area than 20 percent of the surface area of the side, or 45 square feet per side, whichever is less;
(iii) 
No illuminated signs;
(iv) 
Signs must be consistent with the character of the location;
(l) 
Use of the facility for collection or disposal of refuse or hazardous material as defined in SCCC § 7.20.020, § 7.96.020, or § 7.100.020 is prohibited;
(m) 
Facility shall be removed from the site no later than the day following permit expiration;
(n) 
Attended facilities shall be in operation only during the hours of operation of the commercial use, or community facility or public facility use, unless permission otherwise is given by the commercial, community facility or public facility use;
(o) 
The facility shall conform to all development regulations for the zoning district in which it is located;
(p) 
Parking requirements for small collection facilities shall conform to SCCC § 13.16.070(F);
(q) 
The recycling collection facility operator and commercial use or community facility or public facility use operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins, or enclosures intended as receptacles for such materials;
(r) 
Small collection facilities are encouraged to accept all types of recyclable materials including, but not limited to, newspapers, cardboard, used motor oil, and all types of beverage and food containers made form aluminum, nonaluminum metal, glass, and plastic, and in appropriate circumstances the County may require a small collection facility to accept any or all of the recyclable materials mentioned in this subsection as a condition of the issuance of such small collection facility permit.
(B) 
The following recycling collection facilities, which were in existence on July 23, 1987, are legal nonconforming uses in the zone district in which they are located and are subject to SCCC § 13.10.260, § 13.10.261, and § 13.10.262; provided, that all such collection facilities are associated with a legal conforming use and can demonstrate permission from the property owner to occupy the site:
(1) 
Mobile buy-back or drop-off multi-material recycling collection in one location for less than eight hours in any seven-day period;
(2) 
Stationary drop-off of newspapers utilizing placement of an unattended covered or closeable drop box or bin;
(3) 
Stationary drop-off of household goods or clothes for resale or recycle through a charitable organization such as the Salvation Army or Goodwill Industries.
(Ord. 3843 § 7, 1987; Ord. 4525 § 9, 1998; Ord. 5061 § 19, 2009; Ord. 5119 § 32, 2012)
(A) 
Purpose. The purpose of this section through SCCC § 13.10.664 is to establish regulations for the siting, aesthetics, operation, construction, and modification of wireless communication facilities in the unincorporated areas of Santa Cruz County, while minimizing adverse visual and operational effects of such facilities. The regulations in these sections are intended to be consistent with State and Federal law, particularly the Federal Telecommunications Act of 1996, in that they are not intended to: (1) be used to unreasonably discriminate among providers of functionally equivalent services; (2) have the effect of prohibiting wireless communication facilities within Santa Cruz County; or (3) have the effect of prohibiting the siting of wireless communication facilities on the basis of the environmental/health effects of radiofrequency emissions, to the extent that the services and facilities comply with the regulations of the Federal Communications Commission concerning such emissions.
(B) 
Definitions.
(1) 
"Alternatives analysis"
means the evaluation and consideration of various options in siting, design, and construction of wireless communication facilities, including a detailed report on the approach, methods, and information employed in the site and facility selection process.
(2) 
"Application"
means a formal request, including all required and requested fees, forms, documentation, and information submitted by an applicant to the County for a wireless communication facility permit.
(3) 
"Applicant"
means a person or entity filing an application for placement or modification of a wireless communication facility.
(4) 
"Base station"
shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b), or any successor provision.
(5) 
"Camouflage"
means the incorporation of elements and/or techniques designed to mask or blend a wireless communication facility with the surrounding environment in such a manner to minimize its visual intrusion on the surrounding environment.
(6) 
"Co-location"
means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radiofrequency signals for communications purposes. "Co-location" also means when more than one wireless service providers share a single wireless communication facility. A co-located facility can be comprised of a tower, pole, or structure that supports one or more antennas, dishes, or similar wireless communication devices, that are separately owned or used by more than one public or private entity.
(7) 
"County Code"
means the Santa Cruz County Code.
(8) 
"County infrastructure"
means County-owned or controlled property structures, objects, and equipment in the public rights-of-way, including, but not limited to, streetlights, traffic control structures, banners, street furniture, or other poles, lighting fixtures, or electroliers located within the public rights-of-way.
(9) 
"CPUC"
means the California Public Utilities Commission.
(10) 
"Director"
means the Director of the Santa Cruz County Community Development and Infrastructure Department or their designee.
(11) 
"Eligible facilities request"
shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision, which defines the term to mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and involves co-location of new wireless equipment, the removal of wireless equipment, or the replacement of wireless equipment.
(12) 
"Equipment shelter"
means a ground-mounted, fully enclosed cabinet or underground vault containing equipment serving wireless antenna.
(13) 
"FCC"
means the Federal Communications Commission or its lawful successor.
(14) 
"Least visually obtrusive"
means any technically feasible, viable, and environmentally superior facility site and/or design alternatives, as demonstrated by the alternative analysis, that render the facility the most visually inconspicuous relative to other sites and/or designs. It does not mean that the facility must be completely hidden, but it may require screening or other camouflaging so that the facility is not immediately recognizable as a wireless communication facility within the visual setting and from scenic resources.
(15) 
"Public right-of-way"
shall have the same meaning as in SCCC § 9.70.030(H) but shall also include any portion of any road or public way which the County has the responsibility to maintain or manage.
(16) 
"Right-of-way"
means all land or interest therein, which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the public for road and street purposes.
(17) 
"Radiofrequency emissions" or "RF emissions"
means 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.
(18) 
"Significant gap"
means a gap in a wireless provider's own wireless services that is significant as certified by the wireless carrier.
(19) 
"Small cell wireless facility" or "small cell facility"
means a type of wireless communication facility that has the same meaning as set forth in 47 C.F.R. Section 1.6002(l), or any successor provision, which defines the term to mean a wireless communication facility where each antenna is no more than three cubic feet in volume, the associated wireless equipment is no more than 28 cubic feet in volume, and the facility is mounted on structures 50 feet or less in height, including antennas, or mounted on structures no more than 10 percent taller than adjacent structures, or that do not extend existing structures on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater.
(20) 
"Stealth"
means a design with concealment elements so visibility of any antenna or other transmission equipment associated with the facility is generally unnoticeable and so that the wireless facility fits into the context of its surroundings. By way of example, and not of limitation, a faux pine tree in an area with other natural pine trees would be considered stealth.
(21) 
"Support structure"
means any structure supporting a base station, small cell site, tower, wireless antenna or other wireless communication facility equipment.
(22) 
"Technically feasible"
means capable of being accomplished based on existing technology compatible with an applicant's existing network.
(23) 
"Tower"
means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
(24) 
"Underground areas"
means those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.
(25) 
"Utility pole"
means a long, slender, usually cylindrical structure in the right-of-way designed to support electric, telephone, and similar utility lines. A tower is not a utility pole.
(26) 
"Viable"
means when an alternative site for which there is a property owner/manager interested in renting, leasing, selling, or otherwise making available, space for one or more wireless communication facilities upon said site on reasonable terms commensurate with the market in Santa Cruz County.
(27) 
"Visual impact"
means the placement or design of a wireless communication facility or the associated equipment such that they are not fully screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.
(28) 
"Wireless communication facility, or wireless facility"
means the transmitters, antenna structures, and other types of installations used for the provision of personal wireless services at a fixed location, including without limitation small cell facilities, any associated tower(s), support structure(s), and base station(s).
(29) 
"Wireless equipment" or "equipment"
means the necessary items associated with an antenna used for wireless communication, including without limitation: shelters, cabinets, generators, power sources, cables, wires, conduits, and switches.
(30) 
"Wireless encroachment permit"
means a permit issued pursuant to this chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the right-of-way; and the modification of any existing support structure to which the wireless facility is proposed to be attached.
(31) 
"Wireless regulations"
means this section through SCCC § 13.10.664, inclusive, and any other regulations adopted by the Santa Cruz County Board of Supervisors to implement the provisions of this chapter related to wireless facilities. The regulations comply with the Communications Act of 1934, as amended by the Telecommunications Act of 1996, applicable regulations, orders, and decisions of the Federal Communications Commission and the California Public Utilities Commission and applicable State law. The regulations are designed to regulate the siting, aesthetics, construction, modification, and operation of wireless communication facilities in the unincorporated area of Santa Cruz County, and do not supersede Federal and State authority.
(32) 
"Wireless service provider"
means an entity that provides wireless services to end users.
(C) 
Restrictions.
(1) 
Federal and State Regulations. All wireless communication facilities shall comply with the Communications Act of 1934, as amended by the Telecommunications Act of 1996, applicable regulations, orders, and decisions of the FCC and CPUC and applicable State law.
(2) 
Radiofrequency Emissions. All wireless communication facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must conduct and provide evidence of on-site, post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.
(3) 
Federal Aviation Administration Regulations. All wireless communication facilities shall comply with all applicable Federal Aviation Administration ("FAA") regulations, including requirements of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code).
(4) 
Zoning. New wireless communication facilities outside of public rights-of-way are prohibited in the following zoning districts: CA, R-1, RM, RB, and MH, unless the proposed facility is a small wireless facility, or is co-located on an existing facility, or modifies an existing facility, or the applicant provides documentation prepared by a qualified professional engineer to enable the County to find:
(a) 
The proposed facility eliminates or substantially reduces one or more significant gaps in the applicant carrier's network; and
(b) 
The proposed facility is located on the least visually obtrusive site and least visually obtrusive portion of the site, where the applicant provides substantial evidence that it chose the best solution for the community after a meaningful comparison of alternative sites and designs, including but not limited to considering less sensitive sites, alternative system designs, alternative tower designs, placement of antennas on existing structures, and other viable, technically feasible, and environmentally (i.e., visually) equivalent or superior potential alternatives.
(5) 
Coastal Zone. All wireless communication facilities in any portion of the Coastal Zone shall be consistent with the County Local Coastal Program and the California Coastal Act. No portion of a wireless communication facility shall extend onto or impede access to a publicly used beach. Power and telecommunication lines servicing wireless communication facilities in the Coastal Zone shall be required to be placed underground unless the County identifies an environmentally superior alternative. New wireless communication facilities located between the sea and the seaward side of the first through public road parallel to the sea and within mapped scenic resource areas in the Coastal Zone shall be prohibited unless the applicant complies with subsections (C)(4)(a) and (b) of this section.
(D) 
Exemptions. Wireless communication facilities intended solely for personal, noncommercial uses, such as short-wave radio, by occupants of the site on which such facilities are located, are exempt from provisions of the County's wireless regulations but are subject to restrictions which pertain to buildings or structures in the zoning district in which such facilities are located. Wireless communication facilities located on County-owned property or on privately owned property used solely for public or quasi-public use are exempt.
(E) 
Siting Requirements for Wireless Communication Facilities Outside of Public Rights-of-Way.
(1) 
Co-location. New wireless communication facilities shall be required to be co-located onto existing facilities, base stations, or utility poles, unless there is no existing facility that would provide substantially similar coverage and the proposed facility is visually screened, camouflaged, or otherwise integrated into the surrounding character or scenic resource.
(2) 
Setbacks. Wireless communication facilities and any above-ground equipment, excepting fencing or barriers, shall comply with the setback standards for the applicable zoning district. Depending upon specific site constraints and circumstances, this requirement may not apply to antennas proposed to be co-located on existing facilities, base stations, or utility poles, nor to underground equipment shelters, if the required setbacks would prohibit the use of the proposed facility site.
(3) 
Scenic Resources. Wireless communication facilities proposed in mapped scenic areas, scenic road viewsheds, ridgelines, hilltop locations, or locations visible from public beaches shall be hidden from public view, to the maximum extent feasible, and shall incorporate camouflage and stealth techniques to minimize visual impacts. Wireless communication facilities proposed in mapped scenic areas, scenic road viewsheds, ridgelines, hilltop locations, or locations visible from public beaches within the Coastal Zone shall be prohibited unless the applicant complies with subsections (C)(4)(a) and (b) of this section.
(4) 
Visual Setting. New wireless communication facilities shall utilize existing natural or human-made features, including but not limited to topography, vegetation, buildings, or other structures, to conceal and integrate the facility into the visual environment to the extent feasible.
(5) 
Visual Impact Mitigation. Special design of wireless communication facilities is required to mitigate potentially significant adverse visual impacts, including appropriate camouflaging or utilization of stealth techniques. Use of less visually obtrusive design alternatives, such as a small cell facility, is encouraged. Telecommunication towers camouflaged to look like trees (e.g., "monopines") may be favored on wooded sites with existing similar looking trees where they can be designed to adequately blend with and/or mimic the existing trees. In other cases, stealth-type structures that mimic structures typically found in the built environment where the facility is located may be appropriate (e.g., small-scale water towers, barns, and other typical farm-related structures on or near agricultural areas). Rooftop or other building-mounted antennas designed to blend in with the building's existing architecture is required. Co-location of new wireless communication facilities is required pursuant to subsection (E)(1) of this section. Owners/operators of wireless communication towers/facilities are required to maintain the appearance of the tower/facility, as approved, throughout its operational life. Public vistas from scenic roads, as designated in General Plan/LCP Section 5.10.10, shall be afforded the highest level of protection.
(F) 
Aesthetic Requirements for Wireless Communication Facilities Outside of Public Rights-of-Way.
(1) 
Screening. All components of wireless communication facilities and associated enclosures shall be designed to include stealth, camouflage, or screening techniques appropriate to the proposed location, design, visual environment, and nearby uses and/or structures. Landscape plans shall be prepared by a qualified professional and shall be designed to provide long-term screening of the facility. Only species that are native to Santa Cruz County shall be used as vegetative screening, with a preference for species that are native to the specific location of the wireless facility. Visual screening shall be maintained/restored including visual screening impacted by any maintenance on the wireless communication facilities.
(2) 
Coating. All wireless communication facilities shall be constructed of and/or covered with nonflammable material, unless otherwise specified by the County. All components of wireless communication facilities shall be of a color approved by the County, shall be nonreflective, and shall be repainted and maintained in good repair.
(3) 
Lighting. Constant lighting shall be prohibited unless otherwise required under FAA regulations. Permittees shall install only timed or motion-sensitive lights and design all lights associated with the wireless communication facility, other than lighting that may be required by FAA regulation, shall be downcast so that direct light rays shall be confined to the premises and light intensity minimized to the extent feasible.
(4) 
Facility Type. Wireless communication facilities shall be self-supporting monopoles, towers, or other concealment structures whether free-standing or mounted on structures.
(5) 
Supporting Equipment. Supporting equipment, such as equipment shelters, may be required to be placed underground, if required by the Director. Supporting equipment not placed underground shall be located and designed to minimize its visibility and, if appropriate, to disguise it to render it less conspicuous. Supporting equipment shall be no taller than 12 feet in height and shall blend with existing architecture and/or the natural surroundings in the area or shall be screened from sight by mature landscaping.
(G) 
Construction Requirements for Wireless Communication Facilities Outside of Public Rights-of-Way.
(1) 
Height. All towers shall be designed to be the shortest height technically feasible to minimize visual impacts. The height of a free-standing facility shall be measured from the existing undisturbed ground surface below the center of the base of the facility to the top of the facility itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of structure-mounted facilities, the height of the facility includes the height of the structure directly below the facility. The maximum facility/antenna heights allowed in each zone district are as follows:
Zone District
Structure-Mounted
Free-Standing
Residential and Timber Production (TP, inside the Coastal Zone)
50 feet
75 feet
Nonresidential
60 feet
85 feet
Timber Production (TP, outside the Coastal Zone)
125 feet
150 feet
(2) 
Height Exceptions. Any applications for facilities of a height more than the allowed height for facilities in each zone district per subsection (G)(1) of this section must include a written justification proving the need for a facility of that height and comply with subsections (C)(4)(a) and (b) of this section.
(H) 
Operations and Maintenance.
(1) 
Fire Prevention and Emergency. All wireless communication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting or intensifying a fire. To this end, all of the following measures shall be implemented for all wireless communication facilities, when determined necessary by the County Fire Marshal or Fire District Fire Chief:
(a) 
At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings;
(b) 
Rapid entry (KNOX) systems shall be installed as required by the Fire Chief;
(c) 
Type and location of vegetation, screening materials and other materials within 10 feet of the facility and all new structures, including telecommunication towers, shall be reviewed for fire safety purposes by the Fire Chief. Requirements established by the Fire Chief shall be followed;
(d) 
All tree trimmings, debris, and refuse surrounding the facility shall be regularly removed from the site; and
(e) 
For the protection of emergency response personnel, each wireless facility shall have an on-site emergency power shut-off ("kill switch") to de-energize all facilities at the site in the event of an emergency.
(2) 
Noise. All wireless communication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. The following measures shall be implemented for all wireless communication facilities:
(a) 
Outdoor noise producing construction activities shall only take place on nonholiday weekdays between the hours of 8:00 a.m. and 6:00 p.m., unless allowed at other times by the Director; and
(b) 
Backup generators shall only be operated during power outages and for testing and maintenance purposes. Such generators shall comply with the noise thresholds of the General Plan Noise Element at the property line.
(I) 
Administration.
(1) 
The Director is responsible for administering the County's wireless regulations. As part of the administration of these regulations, the Director may:
(a) 
Interpret the provisions of this section through SCCC § 13.10.664 and any other wireless regulations adopted by the Board of Supervisors;
(b) 
Develop forms, procedures, administrative practice guidelines, and application requirements related to siting or modification of wireless facilities;
(c) 
Determine the amount of and collect, as a condition of accepting any application, the fees established by resolution of the Board of Supervisors or the County Code;
(d) 
Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with State and Federal laws and regulations;
(e) 
Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(f) 
Subject to appeal as provided in Chapter 18.10 SCCC, determine whether to approve, approve subject to conditions, or deny an application; and
(g) 
Take such other steps as may be required to timely act upon applications for siting of wireless facilities, including issuing written decisions and entering into agreements with applicants to extend the time for action on an application.
(2) 
Appeal. Any person adversely affected by the decision of the Director pursuant to this section may appeal the Director's decision in accordance with the provisions contained in Chapter 18.10 SCCC, Article VI.
(J) 
Termination/Abandonment of Wireless Communication Facilities. The site shall be restored as nearly as possible to its natural or preconstruction state within six months of termination of use or abandonment of the site. Applicant shall enter into a site restoration agreement, subject to the approval of the Director.
(Ord. 5439 § 8, 2023)
(A) 
General Requirements. New wireless communication facilities shall comply with all applicable goals, objectives, and policies of the General Plan/Local Coastal Program, area plans, zoning regulations, and development standards; and all applications for wireless communication facilities shall be subject to review under Chapter 18.10 SCCC, shall be subject to the California Environmental Quality Act, and shall not be accepted as submitted or reviewed until an application fee is received.
(1) 
Preapplication Meeting. Prior to application submission, an applicant is strongly encouraged, not required, to schedule a preapplication meeting with the Director to discuss the proposed facility, the requirements of the wireless regulations, and any potential impacts of the proposed facility. This meeting shall not be considered the first required step in submission of an application.
(2) 
Application Fee(s). The first required step in the application submission process is the payment and receipt of the application fee(s). The Board of Supervisors is authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless permit unless paid as a refundable deposit.
(3) 
Submission. An applicant shall submit a paper copy, unless the County advises otherwise, and an electronic copy of any application, amendment or supplement to an application, or responses to requests for information regarding an application to the Director at the County Planning Department, 701 Ocean Street, Room 400, Santa Cruz, California, 95060.
(4) 
Content. An applicant shall submit an application on the forms approved by the Director, which may be updated from time to time, and which shall require, in addition to submittal requirements specified in Chapter 18.10 SCCC, the submission of all required fees, documents, information, and any other materials necessary to allow the Director to make required findings and ensure that the proposed facility will comply with applicable local, State, and Federal law and will not endanger the public health, safety, or welfare. The application shall include a completed checklist, on a form supplied by the County, representing that each item required for a complete application is included in the submission.
(5) 
Waivers. Requests for waivers from any requirement of the wireless regulations shall be made in writing to the Director. The Director may grant or deny a request for a waiver pursuant to this subsection. The Director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the County will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be granted only on a case-by-case basis and narrowly tailored to minimize deviation from the requirements of this code.
(6) 
Rejection for Incompleteness. For all wireless communication facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with State, local, and Federal law. If such an application is incomplete, the Director shall notify the applicant and specify the material omitted from or information needed to complete the application.
(B) 
Required Permits. All new wireless communication facilities, except as provided by subsection (C) of this section and SCCC § 13.10.662 and § 13.10.663, shall be subject to a development permit. All projects located within the Coastal Zone shall require a coastal development permit, unless otherwise exempt or excluded. Additionally, a building permit will be required for construction of new wireless communication facilities.
(C) 
Ministerial Review.
(1) 
The following applications shall be processed ministerially:
(a) 
Co-located wireless communication facilities mounted on existing structures, not otherwise subject to SCCC § 13.10.662; and
(b) 
Wireless communication facilities mounted on commercial, industrial, or public facilities within the PF, C-1, C-2, C-4, M-1, M-2, or M-3 zone districts.
(2) 
Exceptions. The Director shall require discretionary review for applications when appropriate due to sensitive location within a designated or protected scenic area, historic site, sensitive habitat, coastal zone, or site visible from a scenic road or public beach, or if, in the opinion of the Director, the project merits discretionary review. Wireless communication facilities proposed in prohibited and/or restricted zone districts or areas shall not be eligible for ministerial review.
(3) 
Criteria. The required criteria for ministerial review shall be as follows:
(a) 
Criteria for co-located wireless communication facilities mounted on existing structures, not otherwise subject to SCCC § 13.10.662 and located outside the Coastal Zone.
(i) 
For towers outside the public rights-of-way and for all base stations, the co-location qualifies as an eligible facilities request as defined in this chapter; or
(ii) 
For all other co-locations none of the conditions in SCCC § 13.10.663(G)(3) through (G)(6) are found.
(iii) 
For co-locations where the existing wireless communications facilities are not adequately camouflaged or concealed, the proposed and existing facilities shall meet the standards in subsection (C)(3)(b)(i) of this section or, if unable, subsection (C)(3)(b)(ii) of this section.
(b) 
Criteria for wireless communication facilities mounted on commercial, industrial, or public facilities within the PF, C-1, C-2, C-4, M-1, M-2, or M-3 zone districts and located outside the Coastal Zone.
(i) 
The wireless communication facility, including antennas, cables and cable trays, and equipment and equipment areas, must be a completely concealed and integrated facility, meaning a wireless communication facility that is indistinguishable from the built and/or natural environment of the surrounding area; or
(ii) 
For wireless communication facilities that cannot be completely concealed and integrated with the existing building, all components of the facility shall be architecturally integrated with the existing building to the extent feasible, meaning the wireless communication facility is designed to blend into the surrounding environment or match a building's architectural features and be minimally visible.
(D) 
Discretionary Review.
(1) 
Required Findings. To grant a development permit for a wireless communication facility, excluding projects processed ministerially under subsection (C) of this section, SCCC § 13.10.662, or § 13.10.663, the approving body must make the required development permit findings (Chapter 18.10 SCCC) and, if applicable, the required coastal development permit findings (Chapter 13.20 SCCC), as well as the following findings:
(a) 
Either:
(i) 
The development of the proposed wireless communications facility, as conditioned, will not significantly affect any designated visual resources, environmentally sensitive habitat (as defined in the Santa Cruz County General Plan/LCP Sections 5.1, 5.10, and 8.6.6), and/or other significant designated or protected County natural, cultural, or historic resources, including but not limited to agricultural and open space resources; or
(ii) 
There is no alternative to the proposed wireless communication facility, as conditioned, that is technically feasible and environmentally equivalent or superior to the proposed wireless communication facility, including with less visual and/or other resource impacts, and the proposed facility has been modified by condition and/or project design to minimize and mitigate its visual and other resource impacts.
(iii) 
For projects in the Coastal Zone, the approving body must make both findings.
(b) 
For sites located in one of the prohibited and/or restricted areas set forth in SCCC § 13.10.660(C), and for facilities of a height more than the allowed height for facilities in each zone district per SCCC § 13.10.660(G)(1), and for sites located in the Coastal Zone identified in SCCC § 13.10.660(E)(3), that the applicant has provided documentation to enable the decision-making body to make the findings in SCCC § 13.10.660(C)(4)(a) and (b).
(c) 
That the subject property upon which the wireless communication facility is to be located is free of violations or compliant with all rules and regulations pertaining to zoning uses, subdivisions, and any other applicable provisions of this chapter, as determined by the County, and that all zoning violation abatement costs, if any, have been paid.
(d) 
That the proposed wireless communication facility, as conditioned, will not create a hazard for aircraft in flight.
(2) 
Conditions of Approval. Conditions of approval may be imposed by the Director to ensure compliance with the wireless regulations, and applicable local, State, and Federal law.
(3) 
Alternatives Analysis. For applications with wireless communication facilities proposed in prohibited or otherwise restricted areas specified in SCCC § 13.10.660(C)(4), or other areas identified in this chapter that require compliance with SCCC § 13.10.660(C)(4)(a) and (b), an alternatives analysis must be submitted by the applicant. The alternatives analysis should identify all technically feasible potential location sites which reasonably meet the service provider's coverage objectives, particularly building-mounted sites, within the project vicinity, provide analysis as to the feasibility of those alternatives and compare the level of visual impact with that of the proposed project. At a minimum, this analysis should identify the location of all existing wireless communication facilities within a quarter mile of the proposed site and provide an explanation of why co-location has not been proposed at each of these sites.
(4) 
On-Site Visual Demonstration. Unless waived by the Director, on-site visual demonstration structures (i.e., mock-ups) shall be required for all proposed wireless communication facilities in time, place, and manner as determined by the Director. Generally, on-site visual demonstrations are not required for co-located and small cell facilities that do not propose a significant visual impact.
(5) 
Additional Technical Review. The applicant will be notified if the County requires an independent technical review of any submitted technical materials. The applicant shall pay all the costs of said review and may be required to deposit funds in advance to cover the estimated costs.
(E) 
Records. A permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation an approval, the approved plans and photo simulations incorporated into an approval, all conditions associated with an approval, and any ministerial permits or approvals issued in connection with approval of an application. If the permittee does not maintain such records as required or fails to produce true and complete copies of such records within a reasonable time after a written request from the County, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.
(F) 
Attorneys' Fees. In the event the County determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorneys' fees, incurred by the County, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the County should otherwise agree with permittee to waive said fees or any part thereof.
(Ord. 5439 § 8, 2023)
(A) 
Purpose. The purpose of this section is to establish a process for managing, and providing uniform standards for acting upon, requests for the siting of wireless communication facilities within the public rights-of-way of Santa Cruz County consistent with the County's obligation to promote public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public is not inconvenienced by the use of the public rights-of-way for the siting of wireless facilities. The County recognizes the importance of wireless communication facilities to provide high-quality communications service to the residents and businesses within the County, and the County also recognizes its obligation to comply with applicable State and Federal law regarding the placement of wireless communication facilities in its public rights-of-way. This section shall be interpreted as consistent with those provisions.
(B) 
Scope.
(1) 
General. A wireless encroachment permit shall be subject to all the same requirements as an encroachment permit would under Chapter 9.70 SCCC in addition to all the requirements of this section. Unless exempted, placement of a wireless communication facility in the public right-of-way or modification of an existing wireless facility in the public right-of-way requires a wireless encroachment permit authorizing the siting, design, or modification in accordance with this chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by State or Federal law, no other wireless facilities shall be permitted pursuant to this section.
(2) 
Exemptions. This section does not apply to:
(a) 
The siting or modification of facilities by the County or by any other agency of the State solely for public safety purposes.
(b) 
Installation of temporary cell service structures for a fixed period of time in connection with an emergency or event, but no longer than required for the emergency or event; provided, that installation does not involve significant excavation, movement, or removal of existing facilities.
(3) 
Other Applicable Requirements. In addition to the wireless encroachment permit required herein, the placement of a wireless facility in the right-of-way requires the persons who will own or control those facilities to obtain all permits required by applicable law, including but not limited to a coastal development permit, and to comply with applicable law, including, but not limited to, applicable law governing RF emissions.
(4) 
Preexisting Facilities in the Right-of-Way. Any wireless facility already existing in the right-of-way as of the date of this section's adoption shall remain subject to the provisions of the County Code in effect prior to this section, unless and until an extension of such facility's then-existing permit is granted, at which time the provisions of this section shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such preexisting facilities shall be conducted pursuant to this section, rather than the portion(s) of the County Code that it was previously reviewed under.
(5) 
Public Use. Except as otherwise provided by California law, any use of the public right-of-way authorized pursuant to this section will be subordinate to the County's use and use by the public.
(C) 
General Standards for Wireless Facilities in the Public Right-of-Way.
(1) 
Generally. Wireless facilities in the right-of-way shall meet the minimum requirements set forth in this section and all applicable requirements in the County's wireless regulations, in addition to the requirements of any other applicable State or Federal law.
(2) 
Regulations. The wireless regulations outlined in this section shall apply, unless it is determined that an applicant has established that denial of an application would, within the meaning of Federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this section may be waived but only to the minimum extent required to avoid the prohibition or violation.
(3) 
Minimum Standards. Wireless facilities shall be installed and modified in a manner consistent with this section; minimize risks to public safety; avoid placement of aboveground facilities in underground utility districts; maintain the integrity and character of the neighborhoods and corridors in which the facilities are located; ensure that installations are subject to periodic review to minimize the intrusion on the rights-of-way; ensure that the County bears no risk or liability as a result of the installations; and provide that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the County or other government agencies to improve, modify, relocate, abandon, or vacate the public rights-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights-of-way.
(4) 
Objective Criteria. The required criteria for review of wireless communication facilities in public rights-of-way shall be as follows:
(a) 
Prohibited Locations.
(i) 
County-owned traffic signal infrastructure in the public right-of-way.
(ii) 
Locations requiring the removal or significant modification of any existing public infrastructure or landscaping.
(iii) 
Locations directly in front of residences on either side of the street or within driveway and intersection sight lines.
(iv) 
Locations on strand or overhead lines.
(v) 
Locations within 300 feet of another small cell wireless facility and any associated equipment; provided, however, this restriction may be waived upon a demonstration that the refusal to allow an additional facility within a 300-foot radius will otherwise violate an applicable State or Federal law.
(vi) 
Decorative poles.
(b) 
Design (Wood Utility Poles).
(i) 
Small cell wireless facilities in the public right-of-way attached to existing or replacement utility poles shall not extend the existing pole to a height of more than 50 feet or by more than 10 percent, whichever is greater.
(ii) 
No more than one small cell wireless facility and associated equipment per pole.
(iii) 
Antennas may be either top-mounted or side-mounted and must match the pole profile. Side-mounted antennas shall not exceed the height of the pole with no visible cabling allowed. Top-mounted antennas must blend with the top of the pole, utilizing an antenna skirt to conceal cabling. Each antenna shall not exceed three cubic feet in volume, excluding mounting hardware and cabling.
(iv) 
Side-mounted antennas shall maintain a maximum two-foot horizontal clearance from the centerline of the pole when affixed between supply and communication lines or below communication lines.
(v) 
Horizontal clearances from the centerline of the pole for wireless equipment affixed between supply lines or at the top of a climbable pole shall be minimized and arranged so the pole may be climbed safely.
(vi) 
Antennas shall be shrouded or otherwise concealed using stealth technologies or camouflage techniques.
(vii) 
All wireless equipment shall be placed in ground-mounted cabinets and/or cabinets flush-mounted on the pole and stacked vertically on one side of the pole, and no pole-mounted cabinet shall exceed 18 inches in height. Individual cabinets shall not exceed the width of the pole where mounted and shall not extend more than 12 inches from the pole. Wireless equipment and combined volume of all cabinets shall not exceed 28 cubic feet. Cabinets shall be mounted behind any existing road signs located on a pole and not block any road signs.
(viii) 
Cooling fans are prohibited, and all equipment cabinets must be passively cooled.
(ix) 
All wireless equipment shall be painted to match the color of the pole. No visible cabling is allowed.
(x) 
Minimum height clearance for equipment mounted to the outside of the pole shall be seven feet above grade.
(xi) 
All unnecessary equipment manufacturers' logos or decals shall be removed or painted over.
(xii) 
Any required lighting on equipment shall be shielded from public view.
(xiii) 
All required radiofrequency warning signs and labels shall be posted in conspicuous locations.
(c) 
Design (Metal Streetlight Poles).
(i) 
Small cell wireless facilities in the public right-of-way attached to existing or replacement street light poles shall not extend the existing pole to a height of more than 50 feet or by more than 10 percent, whichever is greater.
(ii) 
No more than one small cell wireless facility and associated equipment per pole.
(iii) 
Replacement streetlight poles shall match existing streetlights in the area in pole height, color, diameter, cobra arm height and design, luminaire design and intensity, and maintain a uniform appearance.
(iv) 
Antennas shall be top-mounted within an antenna shroud and blend with the top of the pole, utilizing an antenna skirt to conceal cabling and create a tapered transition. Each antenna shall not exceed three cubic feet in volume, excluding mounting hardware and cabling. All other wireless equipment shall not exceed 28 cubic feet in volume.
(v) 
All wireless equipment shall be placed in ground-mounted cabinets or housed inside the pole or mounted directly above the top of the light arm connection within the antenna shroud.
(vi) 
Electrical supply lines must be undergrounded. No overhead lines are allowed.
(vii) 
Cooling fans are prohibited, and all equipment must be passively cooled.
(viii) 
All electrical infrastructure shall be separate from the County's streetlight infrastructure.
(ix) 
All unnecessary manufacturers' logos or decals on the pole shall be removed or painted over to match the pole color.
(x) 
All required radiofrequency warning signs and labels shall be posted in conspicuous locations.
(xi) 
All current attachments to a pole, such as signs, decorative vegetation, banners, pole number labels, etc., shall remain on the pole and continue to fulfill its intended purpose.
(5) 
Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility.
(6) 
Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No infrastructure, structure, improvement, or property owned by the County shall be moved to accommodate a permitted activity or encroachment, unless the County determines that such movement will not adversely affect the County or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the County's structure, improvement, or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the permittee shall provide the County with documentation establishing to the County's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way or County utility easement to be affected by permittee's facilities.
(7) 
Modifications. No changes shall be made to the approved plans without review and approval in accordance with this section.
(8) 
New Infrastructure. Except for ground-mounted equipment cabinets, any new infrastructure for wireless communication facilities in the right-of-way shall be considered a new wireless facility and must comply with the requirements set forth in SCCC § 13.10.660 and § 13.10.661. Any replacement infrastructure, unless replaced in kind pursuant to subsection (C)(4) of this section, for the purpose in whole or in part to accommodate wireless communication facilities in the right-of-way shall be considered a new wireless facility for purposes of this chapter.
(9) 
Public Art. Permittee shall participate in the Santa Cruz County Parks Department's Outside the Box art program (or its successor) to cover all related ground-mounted equipment cabinets in the public right-of-way with public art. This requirement may be waived by the Director where ground-mounted equipment is determined not to be visually intrusive.
(D) 
Applications for Wireless Facilities in the Public Right-of-Way. Wireless communication facilities in the right-of-way shall comply with all applicable goals, objectives, and policies of the General Plan/Local Coastal Program, area plans, zoning regulations, and development standards; and all applications shall be subject to the California Environmental Quality Act and shall not be accepted as submitted or reviewed until an application fee is received.
(1) 
Preapplication Meeting. Prior to application submission, an applicant is strongly encouraged, not required, to schedule a preapplication meeting with the Director of Public Works or their designee to discuss the proposed facility(ies), the requirements of this section, and any potential impacts of the proposed facility(ies). This meeting shall not be considered the first required step in submission of an application.
(2) 
Application Fee(s). The first required step in the application submission process is the payment and receipt of the application fee(s). The Board of Supervisors is authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless permit unless paid as a refundable deposit.
(3) 
Submission. An applicant shall submit a paper copy, unless the County advises otherwise, and an electronic copy of any application, amendment or supplement to an application, or responses to requests for information regarding an application to the Director of Public Works at 701 Ocean Street, Room 410, Santa Cruz, California, 95060.
(4) 
Content. An applicant shall submit an application on the forms approved by the Director of Public Works, which may be updated from time to time, and which shall require the submission of all required fees, documents, information, and any other materials necessary to allow the Director of Public Works or their designee to confirm the required objective findings and ensure that the proposed facility(ies) will comply with applicable local, State, and Federal law and will not endanger the public health, safety, or welfare. The application shall include a completed checklist, on a form supplied by the County, representing that each item required for a complete application is included in the submission.
(5) 
Waivers. Requests for waivers from any requirement of the wireless regulations shall be made in writing to the Director of Public Works. The Director of Public Works may grant or deny a request for a waiver pursuant to this subsection. The Director of Public Works may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the County will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be granted only on a case-by-case basis and narrowly tailored to minimize deviation from the requirements of the County Code.
(6) 
Rejection for Incompleteness. For small cell wireless communication facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with State, local, and Federal law. When an application is determined to be incomplete, the Director of Public Works or their designee shall notify the applicant and specify the material omitted from or information needed to complete the application.
(E) 
Administration. The Director of Public Works is responsible for administering the County's small cell wireless facility regulations in the right-of-way. As part of the administration of these regulations, the Director of Public Works may:
(1) 
Interpret the provisions of this section;
(2) 
Develop forms, procedures, administrative practice guidelines, and application requirements related to siting or modification of wireless facilities;
(3) 
Determine the amount of and collect, as a condition of accepting any application, the fees established by resolution of the Board of Supervisors or the County Code;
(4) 
Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with State and Federal laws and regulations;
(5) 
Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(6) 
Require, as part of and as a condition of completeness of any application, notice to members of the public that may be affected by the siting or modification of the wireless facility and proposed changes to any support structure;
(7) 
Subject to appeal as provided in Chapter 18.10 SCCC, determine whether to approve, approve subject to conditions, or deny an application; and
(8) 
Take such other steps as may be required to timely act upon applications for siting of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
(F) 
Permit Duration. A wireless encroachment permit shall be valid for a period of 10 years, unless pursuant to another provision of the County Code it expires sooner, or is terminated. At the end of 10 years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless encroachment permit must either: (1) remove the facility within 30 days following the permit's expiration (provided, that removal of a support structure owned by the County, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the County); or (2) at least 90 days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the County and all appeals from the County's decision exhausted.
(G) 
Inspections—Emergencies. The County or its designee may enter onto the facility area to inspect the facility upon 48 hours' prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the County. The County reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The County shall make a good faith effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within 24 hours of doing so.
(H) 
No Right, Title, or Interest. The permission granted by a wireless encroachment permit shall not in any way constitute an easement on or an encumbrance against the public right-of-way. No right, title, or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby. No possessory interest is created by a wireless encroachment permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, permittee acknowledges that County has given to permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a wireless encroachment permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any possessory interest taxes or other taxes, fees, and assessments levied against permittee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit.
(I) 
Agreement with County. If not already completed, permittee shall enter into the appropriate agreement with the County, as determined by the County, prior to constructing, attaching, or operating a facility on County-owned infrastructure, buildings, or support structures. An encroachment permit is not a substitute for such agreement.
(J) 
Installation without a Permit. A wireless facility installed without a wireless encroachment permit (except for those exempted under this section) must be removed; provided, that removal of a support structure owned by the County, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed but must be restored to its prior condition, except as specifically permitted by the County. All costs incurred by the County in connection with the revocation and removal shall be paid by persons or entities who own or control any part of the wireless facility.
(Ord. 5439 § 8, 2023)
(A) 
Eligible Facilities Requests. This section implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, as interpreted by the Federal Communications Commission, which requires the County to approve any eligible facilities request for a modification of transmission equipment of an existing tower or base station submitted with a written request for approval under Section 6409(a) that does not result in a substantial change to the physical dimensions of such tower or base station.
(B) 
Application. Applicants shall comply with the requirements set forth in SCCC § 13.10.661 unless the Director has waived specific requirements in writing prior to submission. Requests for information related to the proposed modification shall be limited to the information necessary for the County to consider whether an application is an eligible facility request. The application does not require the applicant to demonstrate a need or business case for the proposed modification. An application will not be accepted as submitted without payment of required fees.
(C) 
Review. Upon receipt of an application and payment of required application fees for an eligible facilities request pursuant to this section, the Planning Department shall review such application to determine whether the application so qualifies.
(D) 
Timeframe for Review. Within 60 days of the date on which an applicant submits an application seeking approval under this section, the County shall approve the application unless it determines that the application is not an eligible facilities request and not otherwise covered by this section.
(E) 
Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the County and the applicant, or in cases where the County determines that the application is incomplete.
(1) 
To toll the timeframe for incompleteness, the County will provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application. The application is considered submitted when a valid payment for the application is received.
(2) 
The timeframe for review begins running again when the applicant makes a supplemental submission in response to the County's notice of incompleteness.
(3) 
Following a supplemental submission, the County will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness will not specify missing documents or information that were not delineated in the original notice of incompleteness.
(F) 
Interaction with Telecommunications Act Section 332(c)(7). If the County determines that the applicant's request is not covered by Section 6409(a) as delineated under this section, the presumptively reasonable timeframe under Section 332(c)(7) will begin to run from the issuance of the County's decision that the application is not a covered request. To the extent such information is necessary, the County may request additional information from the applicant to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.
(G) 
Substantial Change. An eligible facilities request for a modification, including co-location, replacement, or removal, of the transmission equipment of an existing tower or base station will result in a substantial change if any of the following are found:
(1) 
Towers outside public rights-of-way:
(a) 
Cumulatively increases height by more than 20 feet or 10 percent, whichever is greater;
(b) 
Protrudes from edge of tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater;
(2) 
Towers in public rights-of-way and for all base stations:
(a) 
Cumulatively, increases height of tower or base station by more than 10 percent or 10 feet, whichever is greater;
(b) 
Protrudes from the edge of the structure more than six feet;
(3) 
Involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
(4) 
Entails any excavation or deployment outside the current site of the tower or base station except that, for tower outside public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction;
(5) 
Would defeat existing concealment elements of the tower or base station; or
(6) 
Does not comply with conditions associated with the prior approval of the tower or base station unless non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds.
(H) 
Failure to Act. In the event the County fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(Ord. 5439 § 8, 2023)
No permit shall be issued pursuant to SCCC § 13.10.660 through § 13.10.663, inclusive, until the permittee has executed and filed with the County an indemnity agreement satisfactory to the Office of the County Counsel. The permittee shall be responsible for and indemnify the County from all claims, demands, expenses (including attorneys' fees) or liability, including but not limited to personal injury and property damage arising out of or related to the subject of, or work contemplated by, the permit. If any claim of such liability is made against the County, its Board of Supervisors, officers, officials or employees, permittee shall defend, indemnify, and hold the County, its Board of Supervisors, officers, officials, and employees, harmless from such claim.
(Ord. 5439 § 8, 2023)