Half Moon Bay City Zoning Code

Appealable Development. After certification of the local coastal program, an action taken by the city on a coastal development permit application may be appealed to the California Coastal Commission for only the following types of developments:

Coastal Zone. The boundaries of the coastal zone have been established by the state legislature. All land and water area within the city lies within the coastal zone.

Coastal Development Permits to be Issued by the City. Development that meets the definition contained in Section 18.20.020, including any of the following must obtain a coastal development permit from the city. The following list is provided for illustrative purposes and does not constitute an exclusive list.

Coastal Development Permits to be Issued by the Coastal Commission. In addition to any other required approvals by the city, all developments on tidelands, submerged lands or on public trust lands, whether filled or unfilled, shall also require a permit issued by the California Coastal Commission in accordance with procedures specified by the Coastal Commission.

Replacement of Structures Following Disaster. The replacement of any structure, other than a public works facility, destroyed by disaster; provided, that the replacement structure:

Categorical Exclusion Areas. Any category of development within a specifically defined geographic area as adopted pursuant to Sections 30610(e) and 30610.5 of the Public Resources Code after certification of the local coastal program and that otherwise meet all other applicable regulations of the city.

Miscellaneous Activities and Development. The following activities and development projects are exempted:

Record of Exemptions. The community development director shall maintain a record of all permits issued for development within the coastal zone that were exempted from the requirements of the coastal development permit process. This record shall be available for review by members of the public. The record of exemption shall include the name of the applicant, the location of the project, and a brief description of the project. The community development director shall also provide notification to the Coastal Commission of the record of exemption within thirty days.

Emergency Permit Waiver. Projects normally requiring a coastal development permit that are undertaken as emergency measures to protect life and public property from imminent danger, or to restore, repair or maintain public works, utilities or services destroyed, damaged or interrupted by natural disaster, serious accident, or in other cases of emergency are eligible to receive an emergency waiver when immediate action is required. Nothing in this section authorizes permanent erection of structures valued at more than twenty-five thousand dollars. The community development director shall be notified of the type and location of the work within three days of the disaster or discovery of the danger, whichever occurs first. Within seven days of taking such action, the person who notified the community development director shall send a written statement of the reasons why the action was taken and verification that the action complied with the expenditure limits set forth in Public Resources Code Section 30611. At the next hearing following receipt of the written report, the community development director shall summarize all emergency actions taken that in his or her opinion do not comply with the requirements of Public Resources Code Section 30611 and shall recommend appropriate action.

Alternate Emergency Permit Requirements. Applications may be made by telephone or in person, if time does not allow a written application, to the community development director. The information to be reported during the emergency, if possible, or to be reported fully in any case after the emergency, shall include the following:

Granting of Emergency Permits. The community development director shall verify the facts, including the existence and nature of the emergency, insofar as time allows, and shall provide public notice of the emergency action to the maximum extent practical under the circumstances. The community development director may grant an emergency permit upon reasonable terms and conditions which shall include, at a minimum, an expiration date and the necessity for a regular permit application later, if the community development director finds that:

Reporting of Emergency Permits and Work. The community development director shall prepare an informational report to the planning commission describing any emergency permits applied for or issued, with a description of the nature of the emergency and the work involved. Copies of this report shall be available at the planning commission meeting. Notice of emergency permits shall be provided by phone or letter to the California Coastal Commission as soon as possible, but in any event within three days, following issuance of the emergency permit.

Compliance. An emergency permit shall be valid for not more than sixty days from the date of issuance. Prior to expiration of the emergency permit, the permittee must submit a coastal development permit application for the development or else remove the development undertaken pursuant to the emergency permit in its entirety and the site restored to its previous condition. Any action on the follow-up coastal development permit application which involves appealable development as defined in Section 18.20.020 shall be appealable to the Coastal Commission in accordance with Section 18.20.075. Failure to comply with the provisions of this section or failure to properly notice and report by the applicant any emergency actions may result in enforcement action pursuant to Section 18.20.090.

Pursuant to Section 30601.5 of the Coastal Act as amended, where the applicant for a coastal development permit is not the owner of a fee interest in the property on which a proposed development is to be located, but can demonstrate a legal right, interest, or other entitlement to use the property for the proposed development, the city shall not require the holder or owner of any superior interest in the property to join as a co-applicant. All holders or owners of any other interest of record in the affected property shall be notified in writing of the permit application and invited to join as co-applicant. In addition, prior to the issuance of a coastal development permit, the applicant shall demonstrate the authority to comply with all conditions of approval.

Types of Applications. The community development director shall first determine whether the proposed development is:

Jurisdiction.

Permit Review.

Appeals of the Community Development Director's Determination of Jurisdiction. Within five days of submitting an application for a coastal development permit, the community development director shall determine whether the application shall be considered by the planning commission and/or city council, or the city and the Coastal Commission. An applicant or any other person who does not agree with the community development director's determination may challenge the determination. Appeals of the community development director's determination shall be made to the planning commission. Appeals of the planning commission's determination shall be made to the city council.

A public hearing shall be required:

Submittal of Written Comments. Any person may submit written comments to the community development director on an application for a coastal development permit, or on an appeal of a coastal development permit, at any time prior to the close of the public hearing.

Concurrent Processing and Hearings. A public hearing on a coastal development permit may be held concurrently with any other public hearing on the development.

Contents of Notice. All notices shall include the following information:

Provision of Notice. The city shall give notice of its review of the coastal development permit, as follows:

Local Coastal Program. The development as proposed or as modified by conditions conforms to the local coastal program;

Growth Management System. The development is consistent with the annual population limitation system established in the land use plan and zoning ordinance;

Zoning Provisions. The development is consistent with the use limitations and property development standards of the base district as well as the other requirements of the zoning ordinance;

Adequate Services. Evidence has been submitted with the permit application that the proposed development will be provided with adequate services and infrastructure at the time of occupancy in a manner that is consistent with the local coastal program; and

California Coastal Act. Any development to be located between the sea and the first public road conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act.

Design Review Criteria. The community development director, planning commission or city council has reviewed and considered each specific case and any and all of the following criteria in determining that the following architectural and site design standards have been satisfactorily addressed:

In reviewing applications for additions to, or exterior alteration of, any historic resource, the planning commission serving as the city historic preservation commission shall be guided by the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" and any design criteria adopted by ordinance or resolution of the city.

Action by the Community Development Director. Action by the community development director to approve, conditionally approve or deny any coastal development permit may be appealed to the planning commission on or before the tenth working day following such action.

Action by the Planning Commission. Action by the planning commission to approve, conditionally approve or deny any coastal development permit may be appealed to the city council on or before the tenth working day following such action.

Action by the Community Development Director, Planning Commission, or City Council. Action by the community development director, planning commission, or city council on a coastal development permit for the following types of development may be appealed to the Coastal Commission:

Exception. Except for a major public works project or an energy facility, any action by the city council to deny a coastal development permit is final. Grounds for an appeal to the Coastal Commission of a city council approval of a coastal development permit for a major public works facility or energy facility shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies of the Coastal Act. The grounds for an appeal of a denial of a major public works or major energy facility shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.

Appeals. An appeal pursuant to this chapter may be filed by the applicant for the coastal development permit, any aggrieved person who has exhausted local appeals, or any two members of the Coastal Commission. Persons who do not participate on a local level will not be able to appeal at the Coastal Commission level.

Finality of City Action. A decision by the city on an application for development shall not be deemed complete until:

Final City Action–Notice.

City Action–Effective Date. A final decision on an application for an appealable development shall become effective after the ten-working-day appeal period to the Coastal Commission has expired unless either of the following occurs:

Exhaustion of City Appeals.

Penalties. Any person who performs or undertakes development in violation of this division, or inconsistent with any coastal development permit previously issued, when the person intentionally and knowingly performs the development in violation of this division or inconsistent with any previously issued coastal development permit, may be civilly liable in accordance with the provisions of Public Resources Code Division 20 (Coastal Act).

Enforcement. In addition to the enforcement provisions contained in this chapter, the provisions of Chapter 9 of Division 20 of the Public Resources Code shall also apply with respect to violations and enforcement. The community development director may, after a public hearing, order restoration of a site if it finds that the development has occurred without a coastal development permit from the appropriate authority, the development is inconsistent with the provisions of the Coastal Act, and the development is causing continuing resource damage.

Any of the uses or purposes for which permits are required or permitted by the provisions of this title;

Location of electric power, gas, water and oil lines; public utility of public service uses or public buildings in any district when found to be necessary for the public health, safety, convenience or welfare, except that a use permit shall not be required for local distribution lines;

Location of the following uses in any district when found to be necessary for the public health, safety, convenience or welfare:

An accurate plot plan showing the exterior boundaries of the property on which the quarry is, or is proposed to be located, the boundaries of the area proposed to be excavated, and the location of any existing or proposed structures, roads or other improvements;

Cross-sections through the quarry (existing or proposed) sufficient to indicate the slopes of existing and proposed cut banks;

Contour map when required by the planning commission;

Statement of plan of operation including time limits, areas to be removed, final grading of site, replacing of topsoil, and planting;

The planning commission, upon receipt of the application and upon the payment of the required fee, shall make such investigations as are necessary to determine whether or not the quarry or proposed quarry conforms or will conform fully to the regulations herein set forth and with the terms of the other city ordinances pertaining to land use or operation of quarries. The planning commission shall refer the application to such other agency or board for approval or recommendation as it deems necessary, and shall refer all applications involving the removal of more than one thousand yards to the planning commission, which shall consider and act upon said application, the same manner and under the same rules as are herein provided. The planning commission may hold such hearings as are deemed necessary. At the conclusion of investigation and any such hearings, the planning commission shall make findings as to whether or not the quarry, or proposed quarry is, will be, or may be likely to become a public nuisance, or will be dangerous or detrimental to the public peace, health, safety or the general welfare. If, in the opinion of the planning commission, the operation of the existing or proposed quarry will not be detrimental or dangerous to the public peace, safety or the general welfare, a twelvemonth permit shall be issued as herein provided. The planning commission, in issuing any such permit, shall specify such conditions as are deemed necessary for the protection of persons and property in the neighborhood and to insure that the operation of the quarry will not adversely affect the character of the neighborhood in which the quarry is located. The planning commission shall require such bonds and other guarantees as are necessary to insure compliance with the regulations imposed under the terms of any permit. In case the planning commission denies any permit applied for under the terms of this title or imposes restrictions which the applicant deems to be arbitrary or unreasonable, the applicant may appeal such decision to the city council.

Notwithstanding any other provision of this title, on-sale alcoholic beverage retail establishments, including restaurants, bars, and certain other establishments selling alcoholic beverages for consumption on premises pursuant to a license issued by the Department of Alcoholic Beverage Control for the classifications listed in subsection B of this section, shall only be permitted in any zoning district if a use permit therefor is approved by the planning commission in accordance with this chapter.

License classifications subject to the requirements of this section shall include all of the following:

Findings. The planning commission may approve an on-sale alcoholic beverage retail establishment providing the use conforms to all applicable criteria set forth in this chapter, the particular district zoning regulations and to all of the following criteria:

Conditions. The planning commission or city council on appeal may deny any use permit application which is inconsistent with the above-noted criteria, or may impose any conditions on the applicant or proposed use reasonably related thereto including, but not limited to, hours of operation, restrictions on live entertainment and/or amplified sound, exterior lighting requirements, security, crowd control, and/or pedestrian circulation measures and trash and litter removal.

Cut slopes steeper than one to one (1:1) shall in no case be brought closer than twenty-five feet to any exterior property line.

When cut slopes steeper than one to one (1:1) exceed fifty feet vertically, they shall be stepped at intervals not exceeding fifty feet vertically, and such step shall be at least fifteen feet wide.

All surface drainage existing or developing by or through the quarry shall be controlled by dikes, barriers or drainage structures to prevent any silt or loose material from filling any existing drainage course or encroaching on state, county, or city roads, or private property. All provisions to control natural drainage or flood water shall meet with the approval of the city engineer; provided, that said approval shall in no way constitute an undertaking by the city engineer or the city that said provisions are adequate or safe.

Final cut slopes shall be treated as required to prevent erosion; topsoil shall be replaced on level areas when necessary to support vegetation. Suitable ground cover shall be planted within twelve months of the time a cut slope is excavated to its final position. Such ground cover shall be maintained for a period of time sufficient to provide vegetation of density that will prevent erosion.

In cases where material in the quarry is of such nature that no erosion will take place, plant material of type and quantity specified by the planning commission shall be placed as required to screen cut slopes from public view.

The operation of the quarry shall be conducted in such a manner as to obviate excessive dust and noise. The operator shall maintain haulage roads in a dust-free condition, providing such surfacing or other treatment deemed necessary by the planning commission.

The holder of the quarry permit shall be responsible for spilling or dumping of quarries material on city streets or roads.

The depth of topsoil left on the site shall comply with the conditions of each permit.

Topsoil shall not be removed from slopes steeper than those specified in any permit.

The topsoil site shall be graded smooth and left in a neat condition. Cut slopes and spoil banks shall not be allowed to remain.

As directed by the planning commission, the topsoil site shall be fertilized, mulched and reseeded so as to establish a firm cover of grass and other vegetation sufficient to prevent erosion. Said cover shall be established within time limits specified in each permit.

All surface drainage existing or developing by or through the topsoil site shall be controlled by dikes, barriers or drainage structures to prevent any silt, erosional debris or other loose material from filling any existing drainage course or encroaching on state, county or city roads or private property. All provisions to control natural drainage or flood water shall meet with approval of the city engineer; provided, that said approval shall in no way constitute an undertaking by the city engineer or the city that said provisions are adequate or safe.

The premises of the topsoil site shall be maintained at all times in a neat and orderly manner.

The operation of the topsoil site shall be conducted in such a manner as to obviate excessive dust and noise. The operator shall maintain haulage roads in a dust-free condition, providing such surfacing or other treatment deemed necessary by the planning commission.

The application shall set forth or be accompanied by the legal description of the property for which the use permit is requested, and the street address, if there is one, or other common description of the premises.

The community development director or the planning commission may also require that the application be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys, and all lots and parcels of land within a distance of five hundred feet from the exterior boundaries of the property involved. The accuracy of such map shall be the responsibility of the applicant.

By mailing a postal card notice not less than ten days prior to the date of the hearing to the owner of the property, as shown on the last equalized assessment roll, within three hundred feet of the exterior limits of the property or properties which are the subject of the application for the use permit; or by both of the following:

Provided, however, that the failure to give such notice or of any addressee to receive the same, shall not invalidate or affect any proceedings taken pursuant to this section and Sections 18.22.160, 18.22.170 and 18.22.190.

At such hearings the applicant may present testimony and other evidence in support of his application, and other interested persons may be heard and/or present evidence on the matter.

In order to grant the use permit as applied for or conditioned, the findings of the planning commission must include that the establishment, maintenance and/or conducting of the use will not, under the circumstances of the particular case, be detrimental to the public welfare or injurious to property or improvements in said neighborhood.

In approving the granting of any use permit, the planning commission shall designate such conditions in connection therewith, as will, in its opinion, secure substantially the objectives of this title as to light, air and the public health, safety, morals, convenience and general welfare. Said commission shall require such evidence and guarantees, including bonds, as it deems to be necessary to obtain compliance with the conditions designated in connection therewith.

In any case where a bond to secure the faithful performance of conditions designed by the planning commission has been posted and the commission has reasonable grounds for believing that the conditions of said bond have not been complied with, the commission may hold a hearing to determine whether there has been a noncompliance with the conditions or any part of them. Notice of the time and place of such hearing shall be served upon the person posting said bond by registered mail or by personal service at least ten days prior to the date set for said hearing. If at said hearing the commission finds that the conditions of the bond or any part of them have not been complied with, it may declare all or part of said bond forfeited. In the event the determination is to declare all or part of said bond forfeited, the person posting said bond may appeal said decision to the city council, in the same manner as provided for appeals taken on the application or revocation of use permits. When such forfeiture has been declared and the determination has become final by failure to file an appeal within the time prescribed or otherwise, the planning commission may request that the city attorney take the steps necessary to make such forfeiture effective.

Any action by the planning commission to approve, conditionally approve or deny any use permit may be appealed to the city council on or before the tenth calendar day following such action pursuant to the provisions of Section 18.22.200.

The grounds for complaint or reasons for the revocation or suspension, in clear and concise language;

The time when, and the place where such hearing is to be held. Such notice shall be served by registered mail or personal service on the permittee at least five days prior to the date set for said hearing. At any such hearing the permittee shall be given an opportunity to be heard and defend himself, and he may call witnesses and present evidence in his behalf. Upon conclusion of such hearing the planning commission shall determine whether or not the permit shall be suspended or revoked. In the event the determination is to suspend or revoke said permit, the permittee may appeal said decision to the city council in the same manner as provided hereinbefore for appeals taken on applications for the granting of such permits.

Allow for the provision of wireless communications services adequate to serve the public's interest within the city.

Require, to the maximum extent feasible, the co-location of wireless telecommunication facilities.

Encourage and require, to the maximum extent feasible, the location of new wireless telecommunication facilities in areas where negative external impacts will be minimized.

Protect and enhance public health, safety, and welfare.

The regulations in this chapter 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 personal wireless services within the city of Half Moon Bay; or (3) have the effect of prohibiting the siting of wireless communication facilities on the basis of the environmental/health effects of radio frequency emissions, to the extent that the regulated services and facilities comply with the regulations of the Federal Communications Commission concerning such emissions.

Abandoned. A facility shall be considered "abandoned" if it is not in use for six consecutive months.

New wireless telecommunication facilities shall be prohibited in coastal resource areas, as defined by Section 18.38.020, except when denial of the facility would be inconsistent with federal law and the reviewing authority finds that there is no feasible location outside coastal resource areas. Where denial of the facility would be inconsistent with federal law and the reviewing authority finds there is no feasible alternative outside coastal resource areas, approval of the facility is also subject to all of the following written findings: (1) there is no alternative facility configuration that would avoid impacts to environmentally sensitive habitat areas; and (2) adverse impacts to the sensitive habitat are minimized to the maximum extent feasible; and (3) unavoidable impacts are mitigated so that there is no loss in habitat quantity or biological productivity; and (4) the facility can be found consistent with all otherwise applicable local coastal program (LCP) policies, standards, and regulations and zoning district development standards.

New wireless telecommunication facilities shall not be located in areas zoned residential (R), unless the applicant demonstrates, by a preponderance of the evidence, that a review has been conducted of other options, and no other sites or combination of sites allows feasible service or adequate capacity and coverage. This review shall include, but is not limited to, identification of alternative site(s) within two and one-half miles of the proposed facility. See Section 18.22.310(A)(11) for additional application requirements.

New wireless telecommunication facilities shall not be located in areas where co-location on existing facilities would provide equivalent coverage with less environmental impact.

Except where aesthetically inappropriate, new wireless telecommunication facilities must be constructed so as to accommodate co-location, and must be made available for co-location unless technologically infeasible.

The adverse visual impact of utility structures shall be avoided by: (1) siting new wireless telecommunication facilities outside of public viewshed whenever feasible; (2) maximizing the use of existing vegetation and natural features to cloak wireless telecommunication facilities; and (3) constructing towers no taller than necessary to provide adequate coverage. When visual impacts cannot be avoided, they shall be minimized and mitigated by: (a) screening wireless telecommunication facilities with landscaping consisting of noninvasive and/or native plant material; (b) painting all equipment to blend with existing landscape colors; and (c) designing wireless telecommunication facilities to blend in with the surrounding environment. Attempts to replicate trees or other natural objects may only be used as a last resort. Landscaping shall be maintained by the property or facility owner and/or operator. The landscape screening requirement may be modified or waived by the planning commission in instances where it would not be appropriate or necessary, such as in a commercial or industrial area.

Paint colors for the wireless telecommunication facility shall minimize its visual impact by blending with the surrounding environment and/or buildings. Prior to the issuance of a building permit, the applicant shall submit color samples for the wireless telecommunication facility. Paint colors shall be subject to the review and approval of the planning and building department. Color verification shall occur in the field after the applicant has painted the equipment the approved color, but before the applicant schedules a final inspection.

The exteriors of wireless telecommunication facilities shall be constructed of nonreflective materials.

The wireless telecommunication facility shall comply with all the requirements of the underlying zoning district(s).

Except as otherwise required by federal law, ground-mounted towers, spires and similar structures shall not be built and used to a greater height than the limit established for the zoning district in which the structure is located and shall not cover, at any level, more than fifteen percent in area of the lot nor have an area at the base greater than one thousand six hundred square feet; provided further, that the height of any tower, spire or similar structure in any district shall be the minimum necessary to comply with federal law.

In any residential district, accessory buildings in support of the operation of the wireless telecommunication facility may be constructed, provided that they comply with the provisions of this title regarding accessory buildings, except that the building coverage and floor area maximums shall apply to buildings in aggregate, rather than individually. If an accessory building not used in support of a wireless telecommunication facility already exists on a parcel, no accessory building in support of the operation of the wireless telecommunication facility may be constructed absent removal of the existing accessory building. If an accessory building(s) in support of the operation of the wireless telecommunication facility is constructed on a parcel, no other accessory buildings not used in support of a wireless telecommunication facility shall be constructed until the accessory building(s) in support of the operation of that wireless telecommunication facility is (are) removed.

In any residential district, ground-mounted towers, spires and similar structures may be built and used provided that they shall not cover, in combination with any accessory building(s), shelter(s), or cabinet(s) or other above-ground equipment used in support of the operation of the wireless telecommunication facility, more than fifteen percent in area of the lot nor an area greater than one thousand six hundred square feet. In addition, all such structures shall count towards coverage and FAR for the lot. Buildings, shelters, and cabinets shall be grouped. Towers, spires, and poles shall also be grouped, to the extent feasible for the technology.

Diesel generators shall not be installed as an emergency power source unless the use of electricity, natural gas, solar, wind or other renewable energy sources are not feasible. If a diesel generator is proposed, the applicant shall provide written documentation as to why the installation of options such as electricity, natural gas, solar, wind or other renewable energy sources is not feasible.

Wireless telecommunication facilities shall not be lighted or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). If located within one hundred feet of an environmentally sensitive habitat area, lighting shall be directed away from the environmentally sensitive habitat area to the maximum extent feasible.

The applicant shall file, receive, and maintain all necessary licenses and registrations from the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC) and any other applicable regulatory bodies prior to initiating the operation of the wireless telecommunication facility. The applicant shall supply the planning and building department with evidence of these licenses and registrations. If any required license is ever revoked, the applicant shall inform the planning and building department of the revocation within ten days of receiving notice of such revocation.

Once a use permit is obtained, the applicant shall obtain a building permit and build in accordance with the approved plans.

The project's final inspection approval shall be dependent upon the applicant obtaining a permanent and operable power connection from the applicable energy provider.

The wireless telecommunication facility and all equipment associated with it shall be removed in its entirety by the applicant within ninety days if the FCC and/or CPUC license and registration are revoked or the facility is abandoned or no longer needed, and the site shall be restored and revegetated to blend with the surrounding area. The owner and/or operator of the wireless telecommunication facility shall notify the city planning department upon abandonment of the facility. Restoration and revegetation shall be completed within two months of the removal of the facility.

Wireless telecommunication facilities shall be maintained by the permittee(s) and subsequent owners in a manner that implements visual resource protection requirements of Sections 18.22.280(E) and (F) (e.g., landscape maintenance and painting), as well as all other applicable zoning standards and permit conditions.

Road access shall be designed, constructed, and maintained over the life of the project to avoid erosion, as well as to minimize sedimentation in nearby streams.

A grading permit may be required, per the city's adopted building code. All grading, construction and generator maintenance activities associated with the proposed project shall be limited from seven a.m. to six p.m., Monday through Friday, and nine a.m. to five p.m. on Saturday or as further restricted by the terms of the use permit. Construction activities will be prohibited on Sunday and any nationally observed holiday. Noise levels produced by construction activities shall not exceed eighty dBA at any time.

The use of diesel generators or any other emergency backup energy source shall comply with the city of Half Moon Bay noise ordinance.

If technically practical and without creating any interruption in commercial service caused by electronic magnetic interference (EMI), floor space, tower space and/or rack space for equipment in a wireless telecommunication facility shall be made available to the city for public safety communication use.

New wireless telecommunication facilities shall not be located between the first public road and the sea, or on the seaward side of Highway 1 in areas that are not currently developed, unless no feasible alternative exists. Where a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists, the facility shall avoid impacts to the public viewshed to the maximum extent feasible, such as by attaching to an existing structure in a manner that does not significantly alter the appearance of the existing structure.

New wireless telecommunication facilities shall comply with all applicable policies, standards, and regulations of the local coastal program land use plan (LCP/LUP), and all other requirements of this title, including the requirement to obtain a coastal development permit in accordance with Chapter 18.20.

At the time of renewal of the use permit in accordance with Section 18.22.320 or the coastal development permit (CDP) in accordance with Chapter 18.20, or at the time of an amendment to the use permit or coastal development permit, if earlier, the applicant shall incorporate all feasible new or advanced technologies that will reduce previously unavoidable environmental impacts, including reducing visual impacts in accordance with Section 18.22.280(E), to the maximum extent feasible.

New wireless telecommunication facilities shall obtain a CDP, pursuant to Chapter 18.20, and the period of development authorization for any such CDP shall be limited to no longer than ten years.

In addition to the requirements set forth in Sections 18.22.280 through 18.22.300, applicants for new wireless telecommunication facilities shall submit the following materials regarding the proposed wireless telecommunication facility:

Co-location Facilities Requiring a Use Permit. Consistent with Section 65850.6 of the California Government Code, applications for co-location will be subject to the standards and procedures outlined for new wireless telecommunication facilities, above (in Sections 18.22.260 through 18.22.320), if any of the following apply:

Permit Requirements for Other Co-location Facilities. Applications for all other co-locations shall be subject to a building permit approval. Prior to the issuance of a building permit for co-location, the applicant shall demonstrate compliance with the conditions of approval, if any, of the original use permit, by submitting an application to the planning and building department for an administrative review of the original use permit, including all information requests and all associated application fees, including specifically those for administrative review of a use permit, which fee shall be equivalent to the fee established for a use permit inspection.

The co-location facility must comply with all approvals and conditions of the underlying use permit for the wireless telecommunication facility.

The adverse visual impact of utility structures shall be avoided by: (1) maximizing the use of existing vegetation and natural features to cloak wireless telecommunication facilities; and (2) constructing co-location facilities no taller than necessary to provide adequate coverage. When visual impacts cannot be avoided, they shall be minimized and mitigated by: (a) screening co-location facilities with landscaping consisting of noninvasive and/or native plant material; (b) painting all equipment to blend with existing landscape colors; and (c) designing co-location facilities to blend in with the surrounding environment. Attempts to replicate trees or other natural objects may only be used as a last resort. To the extent feasible, the design of co-location facilities shall also be in visual harmony with the other wireless telecommunication facility(ies) on the site. Landscaping shall be maintained by the owner and/or operator. The landscape screening requirement may be modified or waived by the community development director or his/her designee in instances where it would not be appropriate or necessary, such as in a commercial or industrial area.

Paint colors for the co-location facility shall minimize its visual impact by blending with the surrounding environment and/or buildings. Prior to the issuance of a building permit, the applicant shall submit color samples for the co-location facility. Paint colors shall be subject to the review and approval of the community development department. Color verification shall occur in the field after the applicant has painted the equipment the approved color, but before the applicant schedules a final inspection.

The exteriors of co-location facilities shall be constructed of nonreflective materials.

The wireless telecommunication facility shall comply with all the requirements of the underlying zoning district.

Except as otherwise required by federal law, ground-mounted towers, spires and similar structures shall not be built and used to a greater height than the limit established for the zoning district in which the structure is located and shall not cover, at any level, more than fifteen percent in area of the lot nor have an area at the base greater than one thousand six hundred square feet; provided further, that the height of any tower, spire or similar structure in any district shall be the minimum necessary to comply with federal law.

In any residential district, accessory buildings in support of the operation of the wireless telecommunication facility may be constructed, provided that they comply with the provisions of this title regarding accessory buildings, except that the building coverage and floor area maximums shall apply to buildings in aggregate, rather than individually. If an accessory building not used in support of a wireless telecommunication facility already exists on a parcel, no accessory building(s) in support of the operation of the wireless telecommunication facility may be constructed absent removal of the existing accessory building. If an accessory building(s) in support of the operation of the wireless telecommunication facility is (are) constructed on a parcel, no other accessory buildings not used in support of a wireless telecommunication facility shall be constructed until the accessory building(s) in support of the operation of that wireless telecommunication facility is (are) removed.

In any residential district, ground-mounted towers, spires and similar structures may be built and used provided that they shall not cover, in combination with any accessory building(s), shelter(s), or cabinet(s) or other above-ground equipment used in support of the operation of the wireless telecommunication facility, more than fifteen percent in area of the lot nor an area greater than one thousand six hundred square feet. In addition, all such structures shall count towards coverage and FAR for the lot; buildings, shelters, and cabinets shall be grouped. Towers, spires, and poles shall also be grouped, to the extent feasible for the technology.

Diesel generators shall not be installed as an emergency power source unless the use of electricity, natural gas, solar, wind or other renewable energy sources are not feasible. If a diesel generator is proposed, the applicant shall provide written documentation as to why the installation of options such as electricity, natural gas, solar, wind or other renewable energy sources is not feasible.

Expansion of co-location facilities beyond the footprint and height limit identified in the planned maximum ten-year buildout of the site as specified in Section 18.22.310(A)(10), or in the original use permit for the facility, shall not be subject to administrative review and shall instead comply with the use permit provisions for new wireless telecommunication facilities in Sections 18.22.260 through 18.22.310, unless a minor change or expansion beyond these limits is determined to be a minor modification of the use permit by the community development director. If the community development director does determine that such change or expansion is a minor modification, the change or expansion shall instead be subject to the provisions of Sections 18.22.330 through 18.22.370.

At the discretion of the community development director, a co-location proposal that reduces the extent, footprint, height, number of antennas or accessory buildings as identified in the planned maximum ten-year buildout of the site as specified in Section 18.33.310(A)(10) or in the original use permit for the facility, may be considered using the administrative review provisions of Sections 18.22.330 through 18.22.370 if it will have less environmental impact.

Co-location facilities shall not be lighted or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA). If located within one hundred feet of an environmentally sensitive habitat area, lighting shall be directed away from the environmentally sensitive habitat area to the maximum extent feasible.

The applicant shall file, receive and maintain all necessary licenses and registrations from the Federal Communications Commission (FCC), the California Public Utilities Commission (CPUC) and any other applicable regulatory bodies prior to initiating the operation of the co-location facility. The applicant shall supply the planning and building department with evidence of each of these licenses and registrations. If any required license is ever revoked, the applicant shall inform the community development department of the revocation within ten days of receiving notice of such revocation.

The project's final inspection approval shall be dependent upon the applicant obtaining a permanent and operable power connection from the applicable energy provider.

The co-location facility and all equipment associated with it shall be removed in its entirety by the applicant within ninety days if the FCC and/or CPUC licenses required to operate the site are revoked or the facility is abandoned or no longer needed, and the site shall be restored and revegetated to blend with the surrounding area. The owner and/or operator of the wireless telecommunication facility shall notify the community development department upon abandonment of the facility. Restoration and revegetation shall be completed within two months of the removal of the facility.

Co-location facility maintenance shall implement visual resource protection requirements of Section 18.22.340(B) and (C) (e.g., landscape maintenance and painting).

Road access shall be maintained over the life of the project to avoid erosion, as well as to minimize sedimentation in nearby streams.

The use of diesel generators or any other emergency backup energy source shall comply with the city of Half Moon Bay noise ordinance.

If technically practical and without creating any interruption in commercial service caused by electronic magnetic interference (EMI), floor space, tower space and/or rack space for equipment in a wireless telecommunication facility shall be made available to the city for public safety communication use.

Co-location facilities located between the first public road and the sea, or on the seaward side of Highway 1 in undeveloped areas, shall only be allowed if a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists. Where a denial of such facilities would be inconsistent with federal law and the reviewing authority finds that no feasible alternative exists, a co-located facility shall avoid impacts to the public viewshed to the maximum extent feasible. A co-located facility shall not significantly alter the appearance of the existing structure.

Co-location facilities shall comply with all applicable local coastal program (LCP) policies, standards, and regulations and zoning district development standards.

Pursuant to Public Resources Code Sections 30106 and 30610(b) as well as Title 14, Section 13253(b)(7), of the California Code of Regulations, the placement of co-located facilities on an existing wireless telecommunication facility shall require a CDP, except that if a CDP was issued for the original wireless telecommunication facility and that CDP authorized the proposed new co-location facility, the terms and conditions of the underlying CDP shall remain in effect and no additional CDP shall be required.

A completed planning permit application form.

Proof of ownership or statement of consent from the owner of the property and/or the primary operator of the wireless telecommunication facility where the co-location is proposed.

A site plan showing existing and proposed wireless telecommunication facilities.

Elevation drawing(s) showing existing and proposed wireless telecommunication facilities.

A completed environmental information disclosure form.

A preliminary erosion control plan shall be submitted with the use permit application. A complete construction and erosion control plan shall be submitted with the building permit application.

A maintenance and access plan that identifies any changes to the original maintenance and access plan associated with the existing wireless telecommunication facility or use permit.

A radio frequency (RF) report demonstrating that the emissions from the co-location equipment as well as the cumulative emissions from the co-location equipment and the existing facility will not exceed the limits established by the Federal Communications Commission (FCC) and the use permit for the existing wireless telecommunication facility.

The mandated administrative review fee, and other fees as applicable.

Prior to the issuance of a building permit, the applicant shall submit color samples for the co-location equipment. Paint colors shall be subject to the review and approval of the community development department. Color verification shall occur in the field after the applicant has painted the equipment the approved color, but before the applicant schedules a final inspection.

A report outlining the applicant's efforts to ensure service reliability and availability, particularly for emergency services (e.g., 911 calls) and service restoration in disaster events. The report should include, at a minimum, a description of the network design elements, features, and related equipment employed by applicant to mitigate service outages in the city and/or surrounding coastside communities.

Application for any variance permissible under the provisions of this chapter shall be made in writing to the planning commission on forms provided by the commission. The application shall be signed and verified by the owner of the land involved or by his authorized agent. If application is made by a person other than the owner, written authorization to act on behalf of the owner shall be submitted with such application. An application may also be made on behalf of one who is or will be plaintiff in an action in eminent domain to acquire the premises involved.

The application shall show or be accompanied by the legal description of the property for which the variance is requested, and the street address, if there is one, or other common description of the premises.

The zoning administrator or the planning commission may also require that the application be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys, and all lots and parcels of land within a distance of five hundred feet from the exterior boundaries of the property involved. The accuracy of such map shall be the responsibility of the applicant.

By mailing a postal card notice not less than ten days prior to the date of the hearing to the owners of property, as shown on the last equalized assessment roll, within three hundred feet of the exterior limits of the property or properties which are the subject of the application for the variance; or by both of the following:

Publication one time in a newspaper of general circulation in the city, at least ten days before the date of said hearing; and

Posting notices in the same manner as set forth in this title for a proposed amendment; provided, however, that the failure to give such notice or of any addressee to receive the same shall not invalidate or affect any proceedings taken pursuant to this chapter.

At such hearings, the applicant may present testimony and other evidence in support of his application, and other interested persons may be heard and/or present evidence on the matter.

The burden shall be on the applicant to show:

After the conclusion of the aforesaid hearing, the planning commission shall make a written finding of facts showing whether the three foregoing requirements have been established with respect to the land, building or use for which the variance is sought, and make its determination as to the granting or denial of the application for a variance.

In approving the granting of any variance under the provisions of this chapter, the planning commission shall impose such conditions in connection therewith as will, in its opinion, secure substantially the objectives of this title as to light and air, and the public health, safety, morals, convenience and general welfare. It shall also require such evidence and guarantees as it deems necessary to obtain compliance with the conditions imposed in connection therewith.

Unless otherwise expressly stated in the granting thereof, every variance approved under the provisions of the ordinance codified in this title shall lapse and expire and be of no force and effect whatsoever, unless the building, work of construction or other project or undertaking for which the variance was granted is substantially commenced within six months after its effective date and thereafter diligently prosecuted to completion.

In any case where the planning commission shall determine that the exercise of rights under a variance has not been so commenced within six months or diligently prosecuted to completion, it may enter its findings upon the minutes and advise the applicant or owner thereof. Said determination shall become final unless an appeal therefrom is taken to the city council within the time and in the manner provided in Section 18.23.050.

Nothing herein shall prevent the planning commission, for good cause shown, and upon application in writing made prior to the expiration of said six month period, from extending the time for the exercise of said rights for one additional period of six months.

Resolution of intention of the city council; or by

Resolution of intention of the planning commission;

Property owners, their duly authorized agents, or a plaintiff in an action in eminent domain, by filing a verified application with the planning commission for amendments to this title involving their property or property to be acquired by the plaintiff in an action in eminent domain;

Any application made pursuant to subsection C of this section shall be in writing and signed and verified by the owner of the land involved or by his authorized agent. If the application is made by a person other than the owner, written authorization to act on behalf of the owner shall be submitted with such application. The application shall show or be accompanied by the legal description of the property for which the amendment is requested, and the street address or addresses, if any, or other common description of the premises. The planning commission may also require that the application be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys, and all lots and parcels of land within a distance of five hundred feet from the exterior boundaries of the property involved. The accuracy of such map shall be the responsibility of the applicant.

Posting public notices of the proposed amendment not less than ten days prior to the date of the first of such hearings. Such notices shall be placed not more than three hundred feet apart along each and every street upon which the property proposed to be reclassified abuts and such posting shall extend along the said street or street a distance of not less than three hundred feet from the exterior limits of such property or properties as are proposed for reclassification. Such notice shall consist of the words, "Notice of Proposed Change of Land Use District," printed or lettered in plain type or letters not less than one inch in height, and in addition thereto, there shall be a statement in smaller type setting forth a description of the property involved in the proposed change of district, the time and place at which the public hearings on the proposed change will be held, and other information which the planning commission deems necessary;

Mailing a postal card notice not less than ten days prior to the date of such hearing to the owner or owners of all property within three hundred feet of the exterior boundaries of the property proposed to be reclassified, as said owners are shown on the last equalized assessment roll of the city;

Any failure to post public notices or to mail postal card notices as aforesaid shall not invalidate any proceedings taken for the amendment of this title;

The planning commission may hold such additional hearings as it may deem necessary.