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9.70.080 Supplementary Materials.

A.     Description of Services. A description of the services the applicant/permittee proposes to offer at the proposed site, including:

1.     A description of the location, type, capacity, field strength or power density, and calculated geographic service area of the proposed antenna or antenna array. In instances of applications that generate public controversy, the City retains the right to retain experts, at the applicant’s expense, to review and assess the technical data.

2.     Documentation that the applicant/permittee has obtained and is in compliance with all applicable licenses, permits or authorizations required by the Federal Communications Commission.

3.     Location of all existing, proposed and anticipated wireless communications facilities in the applicant/permittee’s network located in the City, or within one-half mile of the City’s corporate limit in any direction.

4.     A description of how the proposed facility fits into, and is a necessary part of, the applicant/permittee’s network.

5.     If the proposal does not include co-location, written documentation of all efforts made to co-locate at another site, and a justification for the decision not to co-locate.

6.     In the instance where a facility is proposed within 100 feet of elementary schools, middle schools, child day care centers, hospitals and residential dwellings, the applicant/permittee shall submit a narrative description of alternative sites considered, if any, and include specific reasons these alternative sites were not chosen.

B.     Design. All project applications shall adhere to the following criteria:

1.     Location Relative to Elementary Schools, Middle Schools, Child Day Care Centers, Hospitals, and Residential Dwellings. Drawings shall include the location of all elementary schools, middle schools, child day care centers, hospitals, and residential dwellings within 100 feet of the antenna array.

2.     Height. With the exception of installations on pre-existing structures, the installation shall not exceed the height limitations for the zoning district or specific plan.

3.     Minimal Visual Impact. All wireless communications applicant/permittees shall utilize all practical means to conceal or minimize the number of facilities and reduce their visual impact, including:

a.     Most Diminutive Technology. Use of the smallest components necessary to provide service that are in use or proposed for use within San Diego County.

b.     Most Efficient Technology. Use of the most efficient components to serve the City of Encinitas. In this context, “most efficient” technology is that which allows the applicant/permittee to use the fewest number of wireless communications installations to serve the City of Encinitas.

c.     Stealth Design. The facility shall be designed to visually and operationally blend into the surrounding area, in a manner compatible with the local community character. The facility shall use the most quiet cooling equipment and “whisper” emergency generating apparatus. Artificial “trees” may be permitted in exceptional circumstances but are generally disfavored. When artificial trees are proposed, all paint, materials and colors shall be listed by manufacturer and color number. When an artificial tree is proposed, the applicant/permittee shall provide sufficient samples, models or other information to demonstrate that alternative designs have been considered and rejected, and the reasons for the rejections.

d.     Landscaping. In the event portions of the facility will be exposed to public view, and if additional plantings would further minimize the visual impact of the facility, the applicant/permittee shall provide a landscape plan, with an emphasis on native plants. When trees with a trunk width of four inches or more (measured by caliper, four feet above grade) are proposed to be removed or trimmed for the installation or operation of a wireless communications facility, the applicant/permittee shall identify the location of said trees by species and size. In such an instance, trimming shall be minimal and subject to approval by the City, plus, when trees are proposed to be removed, replacement trees shall be shown in the landscape plan to the satisfaction of the Director.

e.     Setbacks. The applicant may propose to locate any wireless communications facility component within a required setback if the proposed location would reduce visual impact, improve safety or otherwise exhibit superior design attributes.

C.    Operational Plan. All applications for wireless communications facilities shall include written assurances that the facilities shall be operated in accordance with the following:

1.     Security Lighting. Security lighting shall be kept to a minimum in every instance and should only be triggered by a motion detector where practical. The negative effects of security lighting into residential districts shall be minimized.

2.     Maintenance. All facilities, landscaping, and related equipment shall be maintained in good working order and free from trash, debris, graffiti and designed to discourage vandalism. Any damaged equipment shall be repaired or replaced within 30 calendar days. Damaged, dead or decaying plant materials shall be removed and replaced within 30 calendar days.

3.     Maintenance Hours. Routine maintenance of equipment located in residential zones or within 100 feet of a residential district shall be conducted only during the hours of 8:00 a.m. to 5:00 p.m. weekdays, not including holidays. In other areas, routine maintenance may be conducted at any time. Emergency repairs and maintenance shall be conducted only in the cases of power outages and equipment failure or malfunction. Equipment “change out” and overhaul can occur any time with 30 days notice to the Director to allow notice to property owners and residents within 300 feet of the facility.

4.     Monitoring. Once the wireless communications facility is operating, the City may require the applicant/permittee to submit documentation that the facility is operating within the technical standards as described in the application and the Federal Communications Commission permit. Independent field strength or power density measurements shall be provided to the Director within 30 days of written request to the applicant/permittee.

Within 30 days before or after the first annual anniversary of when the City issues any permit authorized by this chapter, and thereafter at five year intervals, the applicant/permittee shall submit the following information, in writing, to the Director:

a.     Confirmation that the facility continues to operate in compliance with all terms and conditions of approval by the City.

b.     Independent field strength or power density measurements taken within the past 30 days that verify that the facility continues to operate in compliance with all terms and conditions and emissions standards imposed by the Federal Communications Commission.

c.     Confirmation that there is no equipment available that would enhance the safety, efficiency or visibility of the facility or reduce the size of the facility.

d.     Confirmation that there are not more appropriate locations available for the facility.

e.     Confirmation that the facility continues to function as an essential element of the applicant/permittee’s network.

f.      Documentation of any complaints received by the applicant/permittee since the inception of operations regarding the operation and maintenance of the facility, including the applicant/permittee’s actions to address the complaints.

5.     Construction Time, Abandonment and Decommissioning. All wireless communications facilities which receive a permit under this chapter shall be completed and operational within 180 calendar days of the issuance of the permit and all related permits or licenses. The construction time may be extended for an additional 180 calendar days upon a showing of good faith efforts to complete the facility, which shall take into account complications beyond the control of applicant/permittee. If the facility is not completed and operational by the end of the extension period, then the permit shall expire, and the applicant/permittee must reapply for the permit; however, this provision shall not apply when the applicant/permittee demonstrates to the satisfaction of the Director that the operational delay is due entirely to factors beyond the control of the applicant/permittee, in which event the Director may extend the construction time in his or her discretion.

Any facility that ceases operating for more than 90 consecutive days shall be considered abandoned. In such an event the applicant/permittee must either (1) apply for all permits required at the time of expiration to reactivate the operation, or (2) remove all elements of the facility and restore the site. In the event the applicant/permittee fails to apply for permits or perform the removal and restoration within these 90 days, the property owner shall have the facility removed.

 

Zoning District/Site

Permit Required

Industrial Zones

MUP

(Major Use Permit and Supplementary Materials)

 

For antenna within 100 feet of elementary school, middle school, child day care center, hospital or residential dwelling

ADR

(Administrative Design Review Permit and Supplementary Materials)

 

For antenna no closer than 100 feet from elementary school, middle school, child day care center, hospital or residential dwelling

L1

BP

Commercial Zones

OP

L-LC

LC

GC

L-VSC

VSC

Public/Semi-Public Zones

P/SP

Residential Zones

MUP

(Major Use Permit and Supplementary Materials)

 

Such application may be granted only if the applicant/permittee submits evidence demonstrating that there is no other feasible alternative to the proposed location.

RR

RR-1

RR-2

R-3

R-5

R-8

R-15

RS-11

R-11

R-20

R-25

MHP

Open Space Zones

ER/OS/PK

Overlay Zones

MUP

(Major Use Permit and Supplementary Materials)

 

Such application may be granted only if the applicant/permittee submits evidence demonstrating that there is no other feasible alternative to the proposed location.

Coastal Bluff

Cultural/Natural Resources

Floodplain

Hillside/Inland Bluff

Agricultural

As per underlying zoning

Public Facilities

Scenic Viewshed Corridor

Special Sites

MUP

(Major Use Permit and Supplementary Materials)

 

Such application may be granted only if the applicant/permittee submits evidence demonstrating that there is no other feasible alternative to the proposed location.

Historic Sites

Sensitive Habitat Areas (where not otherwise prohibited)

(Ord. 2001-11)