A. Establish review and approval requirements, application submittal requirements, and development standards to regulate the design and placement of wireless communication facilities so as to preserve the visual character of the City and to ensure public health and safety, consistent with federal law and Federal Communications Commission (FCC) regulations.

B. Acknowledge the community benefit associated with the provision of wireless communication services within the City.

C. Encourage the co-location of wireless facilities on a building, or the joint use of new and existing ground-mounted facility monopole/tower sites as a primary option rather than construction of additional single-use monopoles/towers.

D. Provide incentives for well designed and well placed facilities.

E. Allow the Community Development Director, or Zoning Administrator, to make certain determinations under the provisions of this section. (Ord. 1062 § 14, 2022; Ord. 1039 (part), 2019; Ord. 1030 § 2(12), 2018; Ord. 930 § 2, 2004)

“Antenna” means those apparatus defined in 47 C.F.R. 1.6002(b), as may be amended or superseded, that are designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under part 15 of Title 47 of the Code of Federal Regulations.

“Antenna equipment” means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and when co-located on a structure is mounted or installed at the same time as such antenna.

“Co-location” means the location of two (2) or more wireless, hard wire, or cable communication facilities on a single support structure otherwise sharing a common location, or installation of a new cellular facility on an existing structure, whether such location has existing wireless communication facilities or was previously zoned for such use. Co-location shall also include the location of communication facilities with other existing structures, including but not limited to water tanks, light standards, power poles, and other utility facilities and structures.

“Equipment cabinet” means a cabinet or structure used to house equipment associated with a wireless, hard wire, or cable communication facility.

“FCC” means the Federal Communications Commission.

“Ground-mounted facility" means a monopole, tower or any associated structure or equipment installed or built for the sole or primary purpose of supporting FCC-licensed wireless communications facility antennas and their associated facilities.

“Monopole” means a single freestanding pole, post, or similar structure that is taller than fifteen (15) feet and designed to conceal antenna(s) and support equipment within its structure.

“Multipoint distribution service” means a microwave communication service that delivers video programming, data and/or voice communication directly to subscribers, including multichannel multipoint distribution series, instructional television fixed services, and local multipoint distribution services, or as defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 Code of Federal Regulations and any interpretative decisions thereof issued by the FCC.

“Pole” means a single shaft of wood, steel or concrete, or other material capable of supporting any equipment which is mounted thereon.

“Service provider” means any authorized provider of wireless communication services.

“Small cell wireless facility” means a facility that meets all of the following conditions:

“Substantial change” means the following:

“Tower” means any ground- or roof-mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting wireless antenna and antenna equipment or similar apparatus above grade.

"Wireless communication facilities" means facilities regulated by the FCC that transmit and/or receive electromagnetic signals for cellular technology, personal communication services, enhanced specialized mobile services, paging systems, and radio and television broadcast transmission facilities. For the purposes of this definition, wireless communication facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development. Wireless communication facilities also include amateur radio antenna structures that exceed thirty (30) feet in height, excluding government-operated public safety networks. Notwithstanding the above and for the purposes of this definition, wireless communications facilities do not include small cell wireless facilities as defined in this section.

“Zoning Administrator” means the Community Development Director or such person as may be appointed by the Community Development Director, whose powers and duties are established under Larkspur Municipal Code Chapter 18.06. (Ord. 1062 § 14, 2022; Ord. 1039 (part), 2019; Ord. 1030 § 2(12), 2018; Ord. 930 § 2, 2004)

A. All wireless communication facilities listed in this subsection (A) shall require a conditional use permit as provided under Larkspur Municipal Code Chapter 18.76, and subject to the requirements of Larkspur Municipal Code Section 18.51.080. Such facilities shall also be required to obtain design review approval as provided under Larkspur Municipal Code Section 18.64.020(C), and shall be reviewed by the Planning Commission.

B. All wireless communication facilities listed in this subsection (B) shall require a conditional use permit as provided under Larkspur Municipal Code Chapter 18.76, and shall be required to obtain design review approval as provided under Larkspur Municipal Code Section 18.64.020(C), and shall be reviewed by the Zoning Administrator.

C. All wireless communication facilities not otherwise subject to the requirements of subsections (A) and (B) of this section shall be required to obtain a building permit as provided under Larkspur Municipal Code Title 15, subject to review by the Zoning Administrator. (Ord. 1062 § 14, 2022; Ord. 1039 (part), 2019; Ord. 1030 § 2(12), 2018; Ord. 930 § 2, 2004)

A. In all nonresidential districts, antennas and related equipment that are installed, placed, or maintained under the roof, or do not extend above the roof, or are behind and below an approved roof screen and do not protrude above the highest point of the building, or are camouflaged in such a way as to not be visible from a public right-of-way or other property. Administrative review and approval by the Zoning Administrator shall be required to ensure that such antennas and related equipment comply with the standards set forth in this subsection.

B. The following wireless communication facilities listed in subsections (B)(1) through (B)(4) of this section; provided, however, that the facility’s antenna is mounted on a monopole in compliance with the setback standards for accessory structures under the district regulations in which it is located and measuring less than fifteen (15) feet high from the ground to the top of the monopole, or is mounted directly on the roof or side of a building, is not located within the H Zoning District or on a historic building, and is not readily visible from a public right-of-way.

C. Any antenna structure that is designed and used solely in connection with authorized operations of an amateur radio station licensed by the FCC (i.e., a “ham” radio transmission), provided there is no more than one structure on a single parcel and that the antenna structure does not exceed maximum building height limits of the zoning district.

D. An eligible facilities request for a modification of an existing wireless communication facility, including a wireless tower or base station that does not substantially change the physical dimensions of such facility, tower or base station.

For the purposes of this subsection, the term “eligible facilities request” means any request for modification that involves:

Notwithstanding the above, this subsection shall not apply to modifications of facilities, including but not limited to monopoles, towers, and new building additions, extensions, and projections made to existing facilities, which the Community Development Director determines would significantly change the facility or increase the visual impacts of the facility, as defined under Larkspur Municipal Code Section 18.51.030 (“substantial change”). This exception shall include extensions to height of a facility that exceeds the height limits of the base zoning district. (Ord. 1062 § 14, 2022; Ord. 1039 (part), 2019; Ord. 1030 § 2(12), 2018; Ord. 930 § 2, 2004. Formerly 18.51.042)

A. Purpose. This section establishes procedural requirements and standards to regulate the streamlined review of small cell wireless communication facilities within the public right-of-way or on public or privately owned property.

B. Compliance with Larkspur City Council Policy. Notwithstanding any other provision of this title as provided herein, all applications and deployments for small cell wireless facilities shall comply with the policies and procedures stated in the Larkspur City Council Policies, Procedures, Standards and Limitations for Submittal and Review of Small Wireless Facilities, as adopted by City Council Resolution No. 19/19 and as amended or superseded from time to time. If such policy is repealed by City Council resolution, applications and deployments for small cell wireless facilities shall comply with the requirements of this chapter. (Ord. 1039 (part), 2019)

A. Notice of the hearing shall be made by mail to all the property owners within three hundred (300) feet of the exterior boundaries of the subject property using names and addresses appearing on the latest adopted tax roll of the county.

B. Notice of the hearing shall also be made by posting a notice on the property in question and on three (3) public noticing boards in the City of Larkspur. (Ord. 1039 (part), 2019)

A. Preapplication or Conceptual Review. A preapplication and/or conceptual review are recommended prior to submitting formal applications for new ground-mounted monopoles or towers, new building-mounted facilities or projects in less-preferred residential and open space areas.

B. Applications for a wireless antenna facility must be made in person during the public counter hours of the Planning Division of the Planning and Building Department or by appointment during all other hours. If the application is deemed incomplete, a resubmittal meeting shall be required. Applications and any subsequent resubmittals that are not made in person and during scheduled times shall not be deemed accepted for filing and will be returned.

The following application information shall be required:

A. Location Preferences. The City prefers wireless facilities to be installed in locations, ordered from most preferred to least preferred, as follows. When a lower ranked alternative is proposed, the application must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider’s service objectives.

B. Spacing and Co-Location.

C. Height.

D. Colors and Materials. All antennas, poles, towers or equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a building shall be enclosed within an architectural feature designed to match the architecture of the building, painted, or otherwise treated to match the exterior of the building. All ground-mounted equipment shall be covered with a clear anti-graffiti type material of a type approved by the Public Works Director or shall be adequately secured to prevent graffiti.

E. Screening.

F. Siting.

G. Power Lines. All power lines to and within a communications site shall be underground where possible, as determined by the Director of Public Works.

H. Backup Power Supplies. All backup power supplies (e.g., generators) located in an industrial zoning district shall be enclosed within an equipment enclosure and operated in accordance with Larkspur Municipal Code Section 18.51.070(G). Backup power supplies for communication facilities located in commercial or residential zoning districts shall require the approval of a conditional use permit by the Planning Commission. In any zoning district, ancillary fuel storage tank(s) to support backup power supplies shall require approval of a conditional use permit by the Planning Commission. (Ord. 1039, 2019; Ord. 1030 § 2(12), 2018; Ord. 930 § 2, 2004. Formerly 18.51.050)

A. Each facility shall comply with any and all applicable laws, including but not limited to: provisions of the Larkspur Municipal Code, any state or federal laws or regulations, and regulations of the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA).

B. Certification must be provided that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency radiation.

C. Interference with City communication systems or communication systems for emergency services, such as hospitals, is prohibited. All proposed facility applications shall include reports, as required by the Police and Fire Departments, to evaluate for potential interference (e.g., HF, UHF, VHF, eight hundred (800) MHz). The applicant shall be responsible for any costs incurred by the City, including the costs of retaining consultants, to review and analyze the reports.

D. All wireless communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instances more than forty-eight (48) hours from the time of written notification by mail or facsimile from the City. If the graffiti is not removed within forty-eight (48) hours of written notification, the City may elect to complete the removal at the property owner’s expense.

E. Each wireless communication facility which contains trees, foliage or other landscaping elements, whether or not used as screening, shall be maintained in good condition at all times in accordance with the approved landscape plan, and the owner or operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall be submitted for approval to the Zoning Administrator.

F. Each wireless communication facility shall be operated in such a manner so as to comply with Larkspur Municipal Code Chapter 9.54, Noise Control Regulations, and shall minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of ten p.m. and seven a.m. on weekday nights.

G. Each owner or operator of a wireless communication facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this section.

H. The owner or operator of any wireless communication facility shall submit and maintain, at all times, current contact and site information. Applicant shall notify City of any changes to the information submitted within thirty (30) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

I. Discontinuation of Use.

A. A conditional use permit is required for any communications facility as specified under Larkspur Municipal Code Section 18.51.040 and subject to the findings as provided below under subsection (D) of this section. Such facilities may be conditionally approved in the districts where they are allowed, unless exempt from the provisions of this chapter as set forth in Larkspur Municipal Code Section 18.51.045.

B. Where approval for a conditional use permit is being considered for a wireless communications tower or monopole, the applicant will be required as a condition of approval to allow future applicants to co-locate their antennas at the approved facility. The Planning Commission may allow an exception to this requirement if the applicant can provide evidence that such co-location would cause an adverse impact on the applicant’s operation.

C. As part of project approval, the Planning Commission, or Zoning Administrator, as applicable, may require additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size or relationship to public rights-of-way.

D. In addition to the findings listed in Larkspur Municipal Code Section 18.76.050 (Use Permits), the Planning Commission shall make the following findings:

E. The City Council may waive or modify requirements of this chapter upon advice of the City Attorney that denial of an application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of state or federal law. The applicant shall have the burden of proving that the denial would result in such a violation. (Ord. 1039 (part), 2019; Ord. 1030 § 2(12), 2018; Ord. 930 § 2, 2004. Formerly 18.51.070)