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HomeMy WebLinkAbout7.PROJ-26-0033 Statement of Code Compliance www.Assurance-Development.com | 626-765-5079 Attachment 2 Statement of Code Compliance STATEMENT OF CODE COMPLIANCE WCF CONDITIONAL USE APPLICATION US-CA-5480 MASTERSON WAY Submitted to the County of Butte Planning Division The Applicants’ proposal complies with all requirements of the Butte County Municipal Code (“BCMC”), which are addressed in this Statement of Code Compliance in the following order: I. Wireless Facilities Requirements Chapter 24 - Zoning • Article IV – Supplemental Use Regulations o Division 2. Telecommunication Facilities PLEASE NOTE: Applicants’ responses to the above referenced criteria are indicated below each applicable provision in bold italicized blue text. Wireless Facilities Requirements Butte County Municipal Code Chapter 24, Zoning Division 2. Telecommunications facilities. 24-176 – Purpose. This article establishes standards for the placement and design of wireless telecommunication facilities. These standards are intended to: A. Allow reasonable opportunities for wireless communication providers to provide such services to the community in a safe, effective, and efficient manner. Applicants’ Response: Acknowledged. B. Encourage the location of new monopoles, towers, antennas, and broadband associated ground- mount antennas in non-residential areas, thereby discouraging the need for such facilities in residential areas. Applicants’ Response: Acknowledged. C. Minimize the total number of antennas throughout the county. Applicants’ Response: Acknowledged. D. Encourage co-location of facilities at appropriate new and existing monopoles, towers, and antenna sites. Applicants’ Response: Acknowledged. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 2 of 14 E. Encourage wireless telecommunication providers to locate new monopoles, towers, and antennas in areas that minimize adverse impact on agriculture and air navigation. Applicants’ Response: Acknowledged. F. Require wireless communication providers to design and configure wireless communication facilities in a way that minimizes adverse visual impacts. Applicants’ Response: Acknowledged. G. Protect the public's interest in the safe operation of emergency services such as air ambulance, medical and emergency evacuation, firefighting, law enforcement, search and rescue, vector control, and resource management. Applicants’ Response: Acknowledged. 24-177 – Applicability. A. This article applies to all commercial wireless telecommunications facilities for the transmission or reception of wireless telephone, radio, television, and other telecommunication signals. Applicants’ Response: Acknowledged. B. Facilities subject to these standards include all equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services. Applicants’ Response: Acknowledged. 24-178 – Exemptions. The following facilities are exempt from the standards in this article if all identified standards are met: Applicants’ Response: The proposed facility is not exempt from the standards of this chapter. Applicants are proposing a new 160’ monopine facility to be located at 6219 McReynolds Ct, Gridley, CA 95948 in Butte County. Therefore, this subsection has been omitted. Please see the following pages for the proposed WCF’s demonstration of compliance with the County’s use and development standards. 24-179 – Permits Required A. Permits required for telecommunication facilities shall be as specified in Table 24-179-1 (Permits Required for Telecommunication Facilities). Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 3 of 14 Applicants’ Response: The proposed facility is a new tower located in the RR-5 zone. Therefore, Applicants are applying for a Conditional Use Permit in accordance with Table 24-179-1. B. Special Permit Requirements. 1. Excluding collocated facilities that comply with the standards in Section 24-184 (Co-Location Facilities), a Conditional Use Permit shall be required for telecommunication facilities located within a residential zone, within one thousand (1,000) feet of a residential zone, or within the Airport (AIR) zone. To approve the Conditional Use Permit, the Planning Commission shall make the following findings in addition to the findings in Article V, Division 5 (Conditional Use and Minor Use Permits) to approve the permit: Applicants’ Response: Applicants are applying for a Conditional Use Permit per the requirements for new towers within the RR-5 Zone. a. No feasible alternative site exists; and No feasible alternative site exists. Please see Attachment 8, Alternative Sites Analysis for further demonstration of alternative sites. b. The applicant has demonstrated that there is a significant gap in its ability to provide wireless communications service, and the placement of this facility is the least intrusive means to close the significant gap based on county regulations. Applicants’ Response: The proposed facility is designed to cover a lack of wireless service in Richvale within Butte County, specifically within Magalia. Please see Attachment 7, T-Mobile Coverage Maps for a visual representation of this desired Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 4 of 14 coverage. The proposed facility is the least intrusive and most feasible method in providing the desired coverage to this area. 2. The burden of proof shall be on the applicant to establish the findings in Subsection 1. above. Applicants’ Response: Acknowledged. 3. A modification of an existing facility that exceeds what is exempt pursuant to Subsection 24- 178 K but does not constitute a substantial change to the facility pursuant to 47 C.F.R. §1.6100 does not require a permit, but does require that the applicant submit an application pursuant to Section 24-180 (Application submittal and review) [Subsections A.11., 12., 13., 15., 17., and 23. are not required, and, if the change does not involve ground equipment or work on the ground, the response to subsection A 8 may be "No ground work"] along with supporting documentation that demonstrates that the proposed modification does not constitute a substantial change in the physical dimensions of the facility. To qualify as an existing facility, the facility must have been reviewed and approved pursuant to Article 26 (Telecommunication Facilities) of the Zoning Ordinance or have been lawfully established pursuant to previous zoning regulations or lawfully established prior to any requirements in the Zoning Ordinance governing such facilities. If the application and documentation demonstrate that the facility is an existing facility and the modification does not constitute a substantial change, the application shall be approved within sixty (60) days. If not, a letter specifying why the application is incomplete shall be sent within thirty (30) days of receipt of the application. The applicant and the County may mutually toll the 60-day period to allow the applicant to provide the information required. When the applicant provides the information, the 60-day review period begins running again. If previously identified required information was not provided, an additional letter specifying why the application remains incomplete shall be sent within ten (10) days. When the applicant provides the information, the 60-day review period begins running again. If the application is not approved or denied within the required timelines, this inaction shall constitute a deemed approval of the application after the applicant has informed the County that the review period has expired. Substantial change, as defined in 47 C.F.R. §1.6100(B)(7), occurs when increases in height exceed certain limits: for monopoles or towers, greater than ten (10) percent or the height of one (1) additional antenna array separated from the nearest antenna array by not more than twenty (20) feet, whichever is greater, and for other structures, greater than ten (10) percent or ten (10) feet, whichever is greater; and when increases in horizontal attachments exceed certain limits: for monopoles or towers, protruding from the edge of the monopole or tower more than twenty (20) feet or the width of the monopole or tower at the attachment, whichever is greater, and for other structures, protruding from the edge of the structure more than six (6) feet; and when more than four (4) equipment cabinets will be installed; and when there is any excavation or deployment outside of the current site; and when the change would defeat the concealment elements of the structure; and when the change does not comply with the conditions of approval for any structure, aside from the allowances for height, width, ground equipment, and/or excavation or deployment outside of the current site listed above. The applicant has the burden to prove that the proposed change is not a substantial change. Applicants’ Response: Acknowledged. Applicants are not proposing a modification or substantial change to this facility at this time. 24-180 – Application submittal and review. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 5 of 14 A. Applications for approval of a telecommunication facility shall specify which reasonable time period discussed in Subsection E below applies and include all materials and information required for the permit (e.g., Conditional Use Permit) plus the following information: 1. A narrative description of the proposed facility, including the type of facility being requested. Applicants’ Response: Please see Attachment 1, Project Narrative. 2. A description of the type of technology and consumer services the provider will provide to its customers. Applicants’ Response: Please see Attachment 1, Project Narrative, and Attachment 7, T-Mobile Coverage Maps, for a description of the technology and services provided by the proposed site. 3. A description of the number, size, material, and color of antennas. Applicants’ Response: Applicants are proposing eleven 8’ antennas. Please see Sheet A4 of Attachent 6, Zoning Drawings. The antennas will be painted with non-reflective paint to match the monopole. 4. A description of the number of arrays by elevation at which antennas may be located; which arrays the applicant's antennas will occupy; and the remaining arrays for colocation. Applicants’ Response: Please see Sheet A4 of Attachment 6, Zoning Drawings for the location of the antenna arrays, both proposed and allocated for colocation. 5. A statement specifying facility height from natural grade to the top of the proposed facility. Applicants’ Response: Proposed facility is a 160’ monopine. Please see sheet A5 of Attachment 6, Zoning Drawings. 6. A description of any proposed support equipment, including towers or other structures necessary to support or house the facility. Applicants’ Response: Please see Pages 3 and 4 of Attachment 1, Project Narrative for a description of the facility. 7. A description of the types, quantities, and locations of hazardous materials to be handled on- site. Applicants’ Response: Acknowledged. 8. Landscaping and painting plans for the proposed facility. Applicants’ Response: Acknowledged. Applicants are not proposing landscaping at this time. Applicants are proposing a Monopine tower at this time but are open to further consideration by Planning. 9. A site location map, including horizontal and vertical location coordinates, that shows the area on the property that will be occupied, screened, and secured. Applicants’ Response: Please see Sheet A1 of Attachment 6, Zoning Drawings. 10. Elevations of the facility and any accessory buildings, including building height and other physical dimensions, drawn to graphic scale. Applicants’ Response: Please see Sheet A5 of Attachment 6, Zoning Drawings. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 6 of 14 11. A visual impact assessment, photomontages, or mock-ups as required by the Zoning Administrator or Planning Commission. The assessment shall identify any proposed trimming of vegetation that will be required for the normal operation of the facility. Applicants’ Response: Please see Attachment 9, Photo Simulations. 12. For facilities within a residential zone, within one thousand (1,000) feet of a residential zone, or within the AIR zone, the applicant shall identify all antennas owned and/or operated by wireless service providers within two (2) miles of the proposed facility and evaluate these properties as alternative sites. In addition, the applicant shall prepare a discussion of and supporting information regarding the alternative site selection of at least three (3) additional alternative sites, if available, including co-location opportunities, and a statement as to why these alternative sites or co-location opportunities were rejected. Applicants’ Response: Proposed facility is located within a residential zone. Please see Attachment 8, Alternative Site Analysis. 13. A complete service area map showing the entire wireless communications network of the providers three (3) miles in all directions from the proposed site for the time period from the filing of the application to twelve (12) months from the filing of the application, for the purpose of visually aiding cumulative environmental analysis, with and without the proposed facility or facilities, showing all hand-off sites within the specified area. Applicants’ Response: Please see Attachment 7, Verizon Coverage Maps. 14. RFR/EMF and wattage output data, including the number of channels. Applicants’ Response: Please see Attachment 10, EME Report. 15. A graphic depiction of the search ring and all other technical criteria used in determining the proposed facility location. Applicants’ Response: Acknowledged. Please see Attachment 7, T-Mobile Coverage Maps. 16. Documentation which identifies failure characteristics of the facility structure or tower and demonstrates that the site and setbacks are of adequate size to contain falling debris. Applicants’ Response: Applicants will provide a structural analysis of the tower at the Building Permit stage. 17. Written evidence demonstrating that the selected facility structure or tower design is as visually unobtrusive as possible, given technical and engineering considerations. Submitted evidence shall indicate what type of facility is required to provide reasonably effective service and also the best technology and construction available to maximally achieve visual unobtrusiveness. Applicants’ Response: The proposed monopine is the least intrusive design for the proposed facility. It has been designed to blend into the surrounding rural area. Please see Attachment 9, Photo Simulations. 18. Applicants which operate common carrier facilities (specifically, but not limited to, cellular, PCS, SMR, and paging service licensees of the FCC) shall provide written evidence that the applicant has provided notice to all FCC licensed wireless communications service carriers operating within the County of Butte of the plans to develop the site. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 7 of 14 Applicants’ Response: Acknowledged. 19. Evidence of a valid, current operating license or construction permit from the FCC or, if the applicant is not a wireless communications service provider, a user operating agreement for each and every such provider to which the applicant intends to rent space on the proposed facility. Applicants’ Response: Please see Attachment 11, FCC License. 20. A report, signed by a qualified radio frequency engineer licensed by the State of California, prepared pursuant to FCC OET 65, stating whether the maximum radio frequency radiation/electromagnetic frequency radiation (RF/EMF) to be emitted by the proposed facility, taking into account all other facilities, both existing and known future facilities, at the proposed site and adjacent properties, conforms to safety standards adopted by the FCC, if applicable. The reports prepared for facilities shall conform to the reporting requirements set by the County and FCC OET 65 human exposure standards. The report shall also analyze the evidence provided in support of the proposed facility location, height and radiated power, frequency, the number of channels, and all other related data and present alternatives for the location, height, and radiated power, pursuant to the requirements of this section. If the proposed facility exceeds FCC OET 65 human exposure standards, the applicant shall also provide additional comprehensive technical and planning information regarding how the applicant shall protect all persons from excessive exposure consistent with all federal and State requirements, and any additional County requirements. Applicants’ Response: Please see Attachment 10, EME Report. 21. A narrative describing the anticipated maintenance and monitoring program for the structure, antennas, equipment, shelters and cabinets, landscaping, and security features. Applicants’ Response: Applicants will provide a maintenance schedule and program at the Building Permit stage. 22. A narrative describing manufacturer's specifications for all equipment such as air conditioners and generators that identifies the equipment's noise rating, as well as a depiction of how close the equipment will be to adjoining properties. The narrative shall demonstrate that noise shall not exceed the limits set forth in the Zoning Ordinance. Applicants’ Response: Acknowledged. There is no generator on site. 23. A letter from both the applicant and the property owner stating their willingness to allow other wireless service providers to colocate on the facility, as well as how many colocations will be allowed on the facility. Applicants’ Response: Please see Attachment 5, Colocation Letter. B. Projects in agriculture zones shall, prior to submitting an application for a proposed facility, submit a site plan of the proposed facility to the Butte County Agricultural Commissioner for comment and send a notification letter to all aerial agricultural applicators registered in the county informing them of the proposed site location and tower height. No hearing on an application for a proposed facility in any agriculture zone will be scheduled, nor shall any permit for any such facility be issued without proof that the Butte County Agricultural Commissioner and all aerial agricultural applicators registered in the county have been notified, as specified above. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 8 of 14 Applicants’ Response: Proposed facility is not located in an agricultural zone. C. All applications for facilities that are proposed to be located within the boundaries of any comprehensive airport land use plan or airport area of influence, as adopted or designated by the Butte County Airport Land Use Commission, shall be submitted to the Department of Development Services, and a copy submitted to the Butte County Airport Land Use Commission for review regarding consistency with adopted comprehensive airport land use plans and for recommendations addressing potential impacts to air navigation within the airport area of influence. Applicants’ Response: The proposed facility is not located within an airport land use plan or sphere of influence. D. The County may, at its sole discretion and at the applicant's sole expense, retain an independent consultant to review either individual elements of or the entire application and advise the County. Applicants’ Response: Acknowledged. E. Pursuant to Government Code section 65964.1, the State Legislature has declared that wireless telecommunications facilities are a matter of statewide concern. The Legislature has determined that a county may still make decisions regarding placement, construction, and modification of wireless telecommunications facilities. Applicants’ Response: Acknowledged. In making such decisions, the County shall approve or disapprove an application within a reasonable period of time as established by applicable FCC rules (47 C.F.R. §1.6003), i.e., for small wireless facilities as defined in 47 C.F.R. §1.6002, sixty (60) days for colocations and ninety (90) days for new structures, and for other facilities, ninety (90) days for colocations and one hundred fifty (150) days for new structures. The time periods may be tolled when an applicant is timely informed the application is materially incomplete by specifically identifying the missing documents or information and the specific rule or regulation requiring them to be submitted. Timely informed means within ten (10) days for an initial application for a small wireless facility, within thirty (30) days for other facilities, and within ten (10) days for subsequent notices after a resubmittal for all facilities. When the required materials are initially resubmitted for a small wireless facility, the reasonable time period restarts at zero; for other facilities and subsequent resubmittals for all facilities, the days between the date after the notification is sent and the date the required materials are resubmitted are not counted, i.e., if the notification is sent on day 9, the day the required materials are resubmitted is day 10. The failure to make a timely decision may be a deemed approval of the application if the applicant has provided all required public notices and the applicant has provided notice that the reasonable time period has lapsed and the application is deemed approved. The reasonable time period begins to run when the applicant makes the first required submission. This subsection does not apply to modifications which do not constitute a substantial change which shall be processed pursuant to Subsection 24-179 B.3. Applicants’ Response: Acknowledged. 24-181 – General Requirements. A. Setbacks. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 9 of 14 1. Except when specifically allowed below, all new telecommunication facilities shall be located on a parcel so that the distance from the base of the facility to the parcel boundary is equal to or greater than the height of the facility. Applicants’ Response: The proposed WCF is 160’ tall. The facility is set back 170’9”’ from the north, 1148’5” from the east, 383’2” from the south, and 377’ from the west. Please see Sheet A1 of Attachment 6, Zoning Drawings for demonstration of compliance with these setbacks. 2. In the agriculture zones (AG, AS), the Zoning Administrator (for Administrative and Minor Use Permits), and the Planning Commission (for Conditional Use Permits, and appeals) may approve a reduced setback requirement if: Applicants’ Response: Applicants are not requesting a reduced setback requirement for this facility. Therefore, the remainder of this subsection has been omitted. 3. Minimum setbacks for telecommunication facilities that are within a non-residential zone and located more than one thousand (1,000) feet from any residential zone or existing legally established residential dwellings may be reduced as part of the permit for the facility. To approve the reduced setback, the review authority shall find that: Applicants’ Response: Applicants are not requesting a reduced setback requirement for this facility. Therefore, the remainder of this subsection has been omitted. 4. Minimum setbacks for telecommunication facilities that are within a non-residential zone and located between three hundred (300) and one thousand (1,000) feet from any residential zone or existing legally established residential dwellings may be reduced with approval of a Minor Use Permit or Conditional Use Permit in the case of the Airport (AIR) zone. To approve the reduced setback, the review authority shaft find that: Applicants’ Response: Applicants are not requesting a reduced setback requirement for this facility. Therefore, the remainder of this subsection has been omitted. B. Height. 1. The maximum height for telecommunication facilities in all zones shall be one hundred (100) feet, except in Commercial and Industrial zones where it shall be one hundred fifty (150) feet. The review authority may approve additional height based upon justifiable need. The height of a telecommunication facility shall be measured from the natural, undisturbed ground surface below the center of the base of the monopole or tower to the top of the monopole or tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto. Applicants’ Response: Acknowledged. Proposed facility is 160’. Please see Attachment 10, EME Report for further explanation as to why this height is justifiable. 2. Facilities shall use the best available technology and construction to achieve maximal visual unobtrusiveness. Applicants’ Response: Acknowledged. 3. Telecommunication facilities may exceed the allowed height for the applicable zone in accordance with Subsection B.1. above. Applicants’ Response: Acknowledged. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 10 of 14 4. A roof-mounted wireless telecommunication facility shall be no more than fifteen (15) feet taller than the roof of the structure on which it is mounted. Applicants’ Response: Acknowledged. Proposed facility is not a roof-mounted wireless telecommunication facility. C. Building and Electrical Codes. 1. Telecommunication facilities shall comply with all applicable building and electrical codes. 2. All facility operators shall submit certification from a registered structural engineer to the building division that all associated monopoles and towers in excess of thirty (30) feet in height will withstand sustained winds as required by the California Building Code. Applicants’ Response: Acknowledged. Applicants will comply with all Building Codes and will present further demonstration at the Building Permit Stage. D. Utility Pole Mounted or Power Transmission Tower Mounted Facilities. Applicants’ Response: Acknowledged. Proposed facility is not utility pole mounted or a power transmission tower mounted facilities. Therefore, the remainder of the section has been submitted. E. Advertising. No advertising or commercial display is permitted on any telecommunication facility. Applicants’ Response: Acknowledged. The only signage posted on-site will be to identify emergency contact information and post safety information. F. Sewage Disposal. The placement of any antenna shall not adversely affect any on-site sewage disposal system or its repair area without written approval from the Division of Environmental Health. Applicants’ Response: Acknowledged. G. Deed Restrictions. The installation of a facility shall not violate any existing deed restrictions. Applicants’ Response: Acknowledged. Please see Sheets LS-1 and LS-2 of Attachment 6, Zoning Drawings, for the site survey. The proposed facility does not violate any deed restrictions. H. Vehicle Access. All facilities shall have a twelve (12) foot-wide all-weather access to a publicly maintained road capable of supporting a forty thousand (40,000) pound fire apparatus with fifteen (15) feet of vertical clearance. Applicants’ Response: Acknowledged. Proposed facility will be accessed by a 12’ wide and 800’ long graveled access road. Road will be capable of supporting a 40,000 pound fire apparatus. I. Outdoor Storage. There shall be no outdoor vehicle or equipment storage except for emergency purposes. Applicants’ Response: Acknowledged. J. Federal and State Regulations. 1. All facilities shall fall within current regulations of the FAA, the FCC, and any other State and federal agency with the authority to regulate such facilities. 2. If federal or State regulations are changed, the property owner or responsible party shall bring such facilities into compliance with revised regulations within ninety (90) days of the effective date of such regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 11 of 14 Applicants’ Response: Acknowledged. K. Emissions. No facility or combination of facilities shall generate, at any time, electromagnetic frequency radiation (EMF) or radio frequency radiation (RF) in excess of the FCC adopted standards for human exposure. Applicants’ Response: Acknowledged. L. Hazardous Facilities. 1. Any facility determined by the County to be detrimental to the health, safety, or welfare of persons working or residing near such facility, shall be removed, adjusted or replaced by the property owner or service provider. 2. In no case shall a facility remain in operation if it is found to create a hazard to the public health, safety, and welfare. 3. A facility shall not be found to create a hazard to health, safety, or welfare as a result of EMF or RF emissions from the facility so long as it meets all current standards established by the FCC, pursuant to FCC OET 65. Applicants’ Response: Acknowledged. M. Abandoned Facilities. Facilities that are not in use for a period of six (6) months shall be considered abandoned and shall be removed. All operators who intend to abandon the use of any facility shall notify the County of such intention no less than sixty (60) days prior to the final day of use. Abandoned facilities shall be designated as unlawful and as public nuisances, requiring no amortization period. The abandoned facility shall be removed pursuant to Section 24-187 (Facility removal). Applicants’ Response: Acknowledged. Applicants will comply with this requirement if ever applicable. N. Distance Between Facilities. 1. A facility shall not be located within one thousand (1,000) feet of any other existing facility. 2.The minimum required distance between facilities may be reduced by making specific findings. To approve the reduced separation, the review authority shall find that one (1) or more of the following apply: a. Visual impacts are negligible; or b. The applicant can demonstrate that the site is a technical necessity to meet the demands of the geographic service area and the applicant's network. Applicants’ Response: Acknowledged. O. Impacts on Cultural Resources. 1. Locating facilities in areas of historical, cultural or aesthetic importance to the County is prohibited, except when: a. No feasible alternative site exists; and b. A denial would prohibit wireless communications service in violation of federal or State law. 2. The burden of proof shall be on the applicant to establish both conditions above. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 12 of 14 3. The County shall submit all applications for facilities in areas of historical, cultural, or aesthetic importance to the Northeast Information Center, CSU Chico, and the Butte County Historical Society for review and comment prior to acting upon the application. Applicants’ Response: Acknowledged. P. Ground Level Support Facilities. 1. All ground level support facilities shall be painted or screened from view with adequate landscaping appropriate to the surrounding environment. 2. All aesthetic treatments, including landscaping, shall be maintained as approved for the life of the facility. Applicants’ Response: Acknowledged. Q. Encroachment Permit Required. Facilities may not encroach into, under, over, above, or upon any public street in the unincorporated area of the county in the absence of a valid encroachment permit from the County. Applicants’ Response: Acknowledged. R. Development Schedule. Applicants may be required to submit a development schedule if the Zoning Administrator determines that nearby property owners may be inconvenienced during the construction of a telecommunication facility. Applicants’ Response: Acknowledged. S. Security. Facilities shall be secured at all times to prevent access by the public. Applicants’ Response: Acknowledged. 24-182 – Standards for Zones A. Agriculture Zones. All facilities in AG and AS zones shall comply with the following standards. Applicants’ Response: Proposed facility is not located within an RR-5 zone. Therefore, this subsection has been imitted for brevity. B. Residential Zones. All facilities in residential zones shall comply with the following standards. 1. All lighting on a facility, including identification or warning tights required by the FAA or other public agency, shall be oriented not to directly illuminate any area on the ground within a radius of five hundred (500) feet of the tower or monopole horizontally beyond the facility site, providing that such orientation/shielding complies with FAA or other federal or state agency requirements. Applicants’ Response: Acknowledged. Please see sheet A4 of Attachment 6, Zoning Drawings for the service lighting notes. 2. All facilities shall be aesthetically and architecturally compatible with the surrounding environment. Residentially compatible materials and veneers such as wood, brick, or stucco shall be used for associated support buildings, which shall be designed to architecturally match the exterior of residential structures in the area. Applicants’ Response: Acknowledged. Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 13 of 14 3. Only one (1) monopole or tower is permitted per parcel. Multiple facilities may be placed on the single monopole or tower to facilitate co-location in zones where permitted. Applicants’ Response: Acknowledged. 4. The approval of monopoles or towers in residential zones shall require the following findings: a. No feasible alternative site exists; and Applicants’ Response: Please see Attachment 8, Alternative Sites Analysis. b. The Applicant has demonstrated that there is a significant gap in its ability to provide wireless communications service, and the placement of this facility is the least intrusive means to close the significant gap based on county regulations. Applicants’ Response: Please see Attachment 7, T-Mobile Coverage Maps. C. Commercial and Industrial Zones. All facilities located within an existing office or business park shall be constructed to be architecturally compatible with existing nearby structures or architectural styles including color schemes, textures, and ornamentation. Applicants’ Response: The proposed facility is to be located in the RR-5, Rural Residential Zone. Therefore, this standard is not applicable. 24-183 – Standards for types of facilities. A. Building Facade Mounted Facilities. Applicants’ Response: The proposed facility is a freestanding monopine tower. Therefore, this subsection does not apply and has been omitted for brevity. B. Roof Mounted Facilities. Applicants’ Response: The proposed facility is a freestanding monopine tower. Therefore, this subsection does not apply and has been omitted for brevity. C. Ground Mount Antenna Facilities. Applicants’ Response: The proposed facility is a freestanding monopine tower. Therefore, this subsection does not apply and has been omitted for brevity. D. Monopoles or Towers. 1. New monopoles or towers proposed in or within one thousand (1,000) feet of agriculture and residential zones require written notice, in a manner approved by the Zoning Administrator, to be given to owners of parcels located within a minimum radius of one thousand (1,000) feet of the parcel on which the proposed monopole or tower will be located. Applicants’ Response: Applicants will comply with this requirement upon request by the Zoning Administrator. 2. New monopoles or towers shall allow for at least two (2) additional wireless service providers to be located on the monopoles or towers. Applicants’ Response: Applicants have provided space for up to two additional carriers on this facility. Please see Sheets A5 of Attachment 6, Zoning Drawings, for demonstration of allocated space at this facility. 3. All equipment shelters, cabinets, or structures utilized or built in connection with the facilities shall be located within a delineated area immediately surrounding the monopole or tower as Attachment 2—Code Compliance US-CA-5480 Masterson Way Page 14 of 14 shown on the site plan, and outside of any setback area or required vehicle parking space, and shall be visually screened from public view and secured from public access. The shelters, cabinets, screening, and security, etc., shall be regularly maintained. Applicants’ Response: All equipment will be located within the 2500 sq. ft. fenced enclosure surrounding the tower. Please see Sheet A3 of Attachment 6, Zoning Drawings, for the enlarged view of the compound. E. Facilities in the Right-of-Way. Only small wireless facilities may be placed in the right-of-way. Applicants’ Response: Acknowledged. 24-184 – Co-location facilities. Applicants’ Response: The proposed facility has been designed for the future co-location of two additional carriers. However, this is a new freestanding facility, and the remainder of this section has been omitted for brevity. 24-185 – Small wireless facilities. Applicants’ Response: The proposed facility is a major freestanding facility. Therefore, this section does not apply and has been omitted for brevity. 24-186 – Terms of approval. A permit granted under this article becomes invalid if an operator of a telecommunication facility ceases to operate the facility under the terms of this article or under the specific conditions of approval for the facility. If the facility becomes non-compliant, the owner shall cease to operate the facility and remove it from its location within ninety (90) days of being informed that the permit has become invalid. Applicants’ Response: Acknowledged. 24-187 – Facility Removal A. Prior to the final day of a facility's use, documentation of the intention to remove the facility shall be provided to the County. The removal requirement set forth in this section shall be included in the terms of lease for facilities on the property. Applicants’ Response: Applicants acknowledged and will comply with this requirement if ever applicable. B. Within sixty (60) days of abandonment of a telecommunications facility, the operator shall secure a Demolition Permit from the County and the facility shall be removed and the site restored to its pre- construction condition. Applicants’ Response: Applicants acknowledged and will comply with this requirement if ever applicable. C. If an abandoned facility is not removed within sixty (60) days, the County may remove the facility at the applicant's or land owner's expense. Applicants’ Response: Applicants acknowledged and will comply with this requirement if ever applicable. END OF STATEMENT OF CODE COMPLIANCE