A.

The purpose and intent of this chapter is provide a uniform and comprehensive set of standards for the development of telecommunication facilities and the installation of minor antennas. The regulations contained herein are designed to protect and promote public health, safety, and community welfare while at the same time not unduly restricting the development of needed telecommunications facilities and important amateur radio installations. They have been developed to further the policies and principles of the general plan, as specified in its land use, scenic highways, conservation and open space, and safety elements.

B.

It is furthermore intended that these regulations specifically accomplish the following:

1.

Protect the visual character of the county from the potential adverse effects of telecommunication facility development and minor antenna installation;

2.

Protect the inhabitants of the county from the possible adverse health effects associated with exposure to high levels of NIER (non-ionizing electromagnetic radiation);

3.

Protect the environmental resources of the county;

4.

Create telecommunication facilities that will serve as an important and effective part of the county's emergency response network; and

5.

Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of the county's citizens.

(Ord. 1097 § 50 (part), 1996)

A.

The director shall establish and maintain a list of information that must accompany every application for the installation of a telecommunications facility. Said information may include, but shall not be limited to, completed supplemental project information forms, cross-sectional area calculations, service areas maps, network maps, alternative site analysis, visual impact demonstrations including mock-ups and/or photo-montages, visual analysis, NIER (non-ionizing electromagnetic radiation) exposure studies, title reports identifying legal access, security programs, lists of other nearby telecommunications facilities, deposits for per review and an estimate prepared by a California-registered civil engineer regarding the cost to fully demolish and remove the requested telecommunication facility, including costs to regrade and revegetate the project site to original, pre-project conditions. The director may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted.

B.

The director is explicitly authorized at his/her discretion to employ on behalf of the county an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the county. Any proprietary information disclosed to the county or the expert hired shall remain confidential and shall not be disclosed to any third party.

(Ord. No. 1318, § 2, 6-9-2009; Ord. 1097 § 50 (part), 1996)

A.

A maintenance/facility removal agreement signed by the applicant shall be submitted to the director prior to approval of the use permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility which includes a telecommunication tower, one or more new buildings/equipment enclosures larger in aggregate than three hundred ft ² , more than three satellite dishes of any size, or a satellite dish larger than four feet in diameter. Said agreement shall bind the applicant and the applicant's successors-in-interest to properly maintain the exterior appearance of and ultimately remove the facility all in compliance with the provisions of this chapter and any conditions-of-approval. It shall further bind them to pay all costs for monitoring compliance with and enforcement of the agreement and to reimburse the county for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the county and/or its agents to enter onto the property and undertake said work so long as:

1.

The director has first provided the applicant the following written notices:

a.

An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least forty-five calendar days to complete it, and

b.

A follow-up notice of default specifying the applicant's failure to complete the work within the time period specified and indicating the county's intent to commence the required work within ten working days; and

2.

The applicant has not filed an appeal pursuant to Chapter 2.88 of this code. If an appeal is filed, the county shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on the appeal is taken in favor of the director.

B.

All costs incurred by the county to undertake any work required to be performed by the applicant pursuant to the agreement referred to in (A) including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit in the telecommunications fund referred to under (C) below within ten working days of written request therefor such costs as the county reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional monies shall be deposited as needed within ten working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunication facility involved if the applicant fails to pay the monies demanded within ten working days. It shall further require that operation remain suspended until such costs are paid in full.

C.

To secure compliance with the agreement referred to in subsection (A) above, the applicant shall provide one or more of the following forms of security:

1.

A performance bond or bonds by one or more duly authorized corporate sureties;

2.

A letter of credit, in a form acceptable to the county counsel, issued by a financial institution subject to regulation by the state or federal government, guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the director, and that such written demand need not present documentation of any type as a condition of payment, including proof of such loss; or,

3.

Such other form of security that is acceptable to the director. The amount of the security shall be an amount rationally related to the actual costs of removal of the facility's components. In establishing that amount, the director shall take into consideration information provided by the applicant regarding the cost of removal, the estimated life span of the facility, and a factor for inflation.

Said approved security shall be provided prior to the issuance of any necessary building permit or commencement of facility use, whichever comes first.

D.

An indemnification agreement signed by the applicant(s) binding him/her and his/her successors-in-interest to defend at his/her sole expense any action brought against the county, its agents, officers, or employees as a result of issuance of an entitlement to establish or modify a telecommunication facility shall be submitted to the director within ten working days of the filing of an appeal under Chapter 2.88 or the commencement of any action in court with regards to the underlying project, whichever comes first.

(Ord. No. 1318, § 3, 6-9-2009; Ord. 1201 § 9, 2002; Ord. 1097 § 50 (part), 1996)

Editor's note— Ord. No. 1318, § 4, adopted June 9, 2009, repealed § 18.119.019, which pertained to Telecommunication facilities—Life of permits. See also the Code Comparative Table and Disposition List.

The following requirements shall apply to all telecommunications facilities:

A.

All telecommunication facilities shall meet all the requirements established by the other chapters of this code that are not in conflict with the requirements contained in this chapter;

B.

All telecommunication facilities shall comply at all times with all FCC rules, regulations, and standards;

C.

All telecommunication facility installations shall be consistent with applicable open space easements and other similar use restrictions on the subject property; and

D.

All telecommunication facilities shall maintain in place a security program acceptable to the county sheriff that will prevent unauthorized access and vandalism.

(Ord. 1097 § 50 (part), 1996)

All telecommunications facilities shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented:

A.

No telecommunication facility shall be installed within the safety zone of any airport unless the airport operator indicates that it will not adversely affect the operation of the airport;

B.

No telecommunication facility shall be installed at a location where special painting or lighting will be required under FAA regulations unless technical evidence acceptable to the director or the commission, as appropriate, is submitted showing that this is the only technically feasible location for this facility;

C.

No telecommunication facility shall be placed so as to silhouette against the sky above one of the county's major skylines as defined in Section 18.08.355;

D.

No telecommunication facility shall be installed on an exposed ridgeline, in or at a location readily visible from a public trail, public park or other outdoor recreation area, or in a scenic area identified in the Napa County Environmental Resource Mapping System unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable;

E.

No telecommunication facility that is readily visible from off-site shall be installed closer than two miles from another readily visible uncamouflaged or unscreened telecommunication facility unless it is a co-located facility, situated on a multiple-user site, or blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable; and

F.

No telecommunication facility that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the director or commission, as appropriate, is submitted showing a clear need for this facility and the infeasibility of co-locating it on one of these former sites.

(Ord. 1097 § 50 (part), 1996)

Telecommunication towers shall be set back at least twenty percent of the tower height from all property lines and at least one hundred feet from any public trail, park, or outdoor recreation area. Guy wire anchors shall be set back at least twenty feet from any property line.

(Ord. 1097 § 50 (part), 1996)

A.

The height of a telecommunications tower shall be measured from the natural, undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

B.

Telecommunications towers may exceed the height limits for towers specified in Sections 18.104.120(C) and (D) so long as technical evidence acceptable to the director or commission, as appropriate, is submitted demonstrating unavoidable need or an overall lessened visual impact. In no instance, however, shall the height of a telecommunication tower other than a broadcast AM radio tower exceed one hundred fifty feet. A broadcast AM radio tower may be up to two hundred fifty feet tall when technical evidence acceptable to the director has been submitted showing that a tower of the height proposed is necessary to provide service at the frequency being used and, if required by the Napa County Airport Land Use Compatibility Plan, Napa County airport land use commission approval has previously been obtained.

C.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible without compromising their function, preferably on the sides of buildings or on the ground on slopes below the ridgeline.

(Ord. 1104 § 36, 1996; Ord. 1097 § 50 (part), 1996)

No telecommunication facility shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. To this end any telecommunication tower located at a distance of less than one hundred ten percent of its height from a habitable structure, property line, or other tower shall be designed and maintained to withstand without failure the maximum forces expected from wind, earthquakes, and ice when the tower is fully loaded with antennas, transmitters and other equipment, and camouflaging. Initial demonstration of compliance with this requirement shall be provided via submission of a report to the director prepared by a structural engineer licensed by the state of California describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed. Proof of ongoing compliance shall be provided via submission to the director at least every five (self-supporting and guyed towers)/ten (monopoles) years of an inspection report prepared by a California-licensed structural engineer indicating the number and types of antennas and related equipment actually present and indicating the structural integrity of the tower. Based on this report, the director may require repair or, if a serious safety problem exists, removal of the tower.

(Ord. 1097 § 50 (part), 1996)

All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented:

A.

Telecommunications towers shall be constructed out of metal or other non-flammable material;

B.

Telecommunication towers taller than thirty-five feet shall be monopoles or guyed/lattice towers except where satisfactory evidence is submitted to the director or commission, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunication use, to minimize the need for screening from adjacent properties, or to reduce the potential for bird strikes;

C.

Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the director or commission, as appropriate, is submitted showing that this is infeasible;

D.

Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only);

E.

Telecommunication support facilities shall be no taller than one story (fifteen feet) in height and shall be treated to look like a building or facility typically found in the area;

F.

Telecommunication support facilities in areas of high visibility shall where possible be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile; and

G.

All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that in the opinion of the director will minimize their visibility to the greatest extent feasible. To this end improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue grey that matches the typical sky color at that location.

(Ord. 1097 § 50 (part), 1996)

A.

All radio, television and voice communication facilities providing service to government or the general public shall be designed to survive a natural disaster without interruption in operation. To this end all the following measures shall be implemented:

1.

Non-flammable exterior wall and roof covering shall be used in the construction of all buildings;

2.

Openings in all buildings shall be protected against penetration by fire and wind-blown embers;

3.

The telecommunication tower when fully loaded with antennas, transmitters, other equipment, and camouflaging shall be designed to withstand the forces expected during the "maximum credible earthquake." All equipment mounting racks and equipment used shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it;

4.

All connections between various components of the facility and with necessary power and telephone lines shall be protected against damage by wildfire, flooding, and earthquake; and

5.

A self-contained emergency power supply capable of operating the facility for at least twenty-four hours and protected against damage from wildfires and earthquakes shall be installed.

B.

Demonstration of compliance with requirements (A)(1), (2), (4), and (5) (fire only) shall be evidenced by a certificate signed by the Napa County fire chief on the building plans submitted.

C.

Demonstration of compliance with requirements (A)(3) through (5) (earthquake only) shall be provided via a second certification on said plans signed by a structural engineer or other appropriate professional licensed by the state of California.

(Ord. 1097 § 50 (part), 1996)

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including but not limited to, parking areas, access roads, utilities and equipment buildings shall be shared by site users when in the opinion of the director or commission, as appropriate, this will minimize overall visual impact.

(Ord. 1097 § 50 (part), 1996)

All building-mounted telecommunications facilities shall be located and designed to appear an integral part of the structure. To this end, all of the following measures shall be implemented:

A.

Roof-mounted antennas taller than ten feet and all building-mounted telecommunication towers shall be located no closer to the nearest edge of the roof than the height of the antenna or tower with all antennas and other equipment attached;

B.

Wall-mounted antennas shall be architecturally-integrated into the building via any means acceptable to the director or commission, as appropriate, including painting;

C.

Wall-mounted antennas shall be located as close to but no more than four feet from the face of the wall;

D.

Wall-mounted antennas shall not exceed a total of fifty square feet per building face excluding mountings.

(Ord. 1097 § 50 (part), 1996)

A.

All telecommunication facilities shall be unlit except for the following:

1.

A manually-operated or motion-detector controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night; and

2.

The minimum tower lighting required under FAA regulations.

B.

Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby residences.

(Ord. 1097 § 50 (part), 1996)

All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end all the following measures shall be implemented:

A.

Access roads shall be limited to eight feet in width except where safety considerations demonstrated to the satisfaction of the director demand a greater width with turnouts as required by the fire chief. They shall have a gravel or other non-paved surface;

B.

Existing roads shall, whenever possible, be upgraded the minimum amount necessary to meet the standards in subsection (A) above and used for access;

C.

Existing parking areas shall, whenever possible, be used; and

D.

Any new parking areas constructed shall be no larger than three hundred fifty square feet. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses.

(Ord. 1097 § 50 (part), 1996)

All telecommunication facilities shall be clearly identified as to location and operator so as to facilitate emergency response. To this end all of the following measures shall be implemented:

A.

Address signs shall be installed in conformance with fire department requirements at the entrance off the public way, where needed to provide direction along the access road, and at the facility itself; and

B.

A permanent, weather-proof, approximately sixteen- by thirty-two-inch facility identification sign shall be placed on the gate in the fence around the equipment building or if there is no fence next to the door to the equipment shed itself. Said sign shall identify the facility operator, provide his/her address, and specify a twenty-four-hour telephone number at which he/she can be reached.

(Ord. 1097 § 50 (part), 1996)

All telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing vegetation. To this end all of the following measures shall be implemented:

A.

All areas disturbed during project construction other than the graveled areas required under Section 18.119.150(A)(4) shall be replanted with vegetation compatible with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the circumstances). In the fuel modification zones required under Section 18.119.150(D), the vegetation planted shall be acceptable to the fire chief;

B.

Existing trees and other screening vegetation in the vicinity of the facility and along the access road and power/telecom line routes involved shall be protected from damage, both during the construction period and thereafter. To this end the following measures shall be implemented:

1.

Prior to commencement of any work on-site, the trees along the access route to the facility shall be trimmed to the extent required by a qualified certified arborist to protect them from damage from the equipment and materials being brought in;

2.

Prior to commencement of ground-disturbing activities, the trees in the vicinity of the construction site itself shall be trimmed and temporary fencing installed to the extent required by a qualified certified arborist to protect them from damage from vehicles and equipment;

3.

Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be prohibited within the fenced areas created and within the drip line of any trees required to be preserved. Trash, debris, or spoils shall not be placed within these fences nor shall they henceforth be opened or moved until the project is complete and written approval to take the fences down has been received from the director; and

4.

All underground lines shall be routed such that a minimum amount of damage is done to tree root systems.

5.

When trees closely border or overhang the access road to be used or exist within one hundred feet of any area other than a road to be disturbed, demonstration of compliance with these requirements shall be provided via submission of two inspection reports prepared by a qualified consulting certified arborist, the first prior to issuance of necessary building permits and the second prior to commencement of operation.

C.

Additional trees and other native or adapted vegetation shall be planted and henceforth maintained around the facility, in the vicinity of the project site, and/or along the access roads and power/telecom line routes serving it in those instances where in the opinion of the director or commission, as appropriate, such vegetation is needed to screen the improvement involved from view or the age, health, or density of the screening vegetation currently present is such that over time the facility or related improvements are likely to become significantly more visible from off-site;

D.

Any existing trees or significant vegetation that die in the future shall be replaced with native trees and vegetation of a size and species acceptable to the director; and

E.

No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecom lines serving it.

(Ord. 1097 § 50 (part), 1996)

A.

All telecommunication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a wildfire or intensifying one that otherwise occurs. To this end all of the following measures shall be implemented:

1.

At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings;

2.

Monitored automatic fire extinguishing systems approved by the Napa County fire chief shall be installed in all equipment buildings and enclosures;

3.

Sheriff/fire department rapid entry (KNOX) systems shall be installed as required by the fire chief;

4.

Graveled areas at least ten feet wide shall be installed completely around all new structures including telecommunication towers. Fuel modification zones of the minimum width specified in Public Resources Code Section 4291 shall be established and thereafter maintained around these graveled areas; and

5.

All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit finalization or commencement of operation, whichever occurs first.

B.

Demonstration of compliance with requirements (A)(1) through (4) shall be evidenced by a certificate signed by the Napa County fire chief on the building plans submitted.

(Ord. 1097 § 50 (part), 1996)

All telecommunication facilities shall be sited so as to minimize the effect on environmental resources. To that end the following measures shall be implemented:

A.

No telecommunications facility or related improvements including but not limited to access roads and power lines shall be sited so as to create a significant threat to the health or survival of plant or animal species identified in the Napa County Environmental Resource Mapping System as rare, threatened, or endangered;

B.

No telecommunications facility or related improvements shall be sited such that their construction will damage an archaeological site or have an adverse effect the historic character of a historic feature identified on the Napa County Environmental Resource Maps; and

C.

No telecommunications facility shall be sited such that its presence threatens the health or safety of migratory birds.

(Ord. 1097 § 50 (part), 1996)

All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused the residents of nearby homes and the users of nearby recreational areas such as public parks and trails. To that end all the following measures shall be implemented:

A.

Outdoor noise producing construction activities shall only take place on weekdays (Monday through Friday) between the hours of seven-thirty a.m. and five-thirty p.m. unless allowed at other times by the commission;

B.

Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight-thirty a.m. and four-thirty p.m.; and

C.

Traffic shall at all times be kept to an absolute minimum, but in no case more than one round trip per day on an average annualized basis once construction is complete.

(Ord. 1097 § 50 (part), 1996)

A.

No telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area as this term is defined in Section 18.08.325 that exceed the ANSI C95.1-1992 standard for human exposure or any more restrictive standard subsequently adopted or promulgated by the county, the state of California, or the federal government.

B.

Initial compliance with this requirement shall be demonstrated for any facility within four hundred feet of an inhabited area and all broadcast radio and television facilities through submission, at the time of application for the necessary permit or entitlement, of NIER calculations specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed eighty percent the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the state of California to measure NIER levels at said location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the director. Said facility shall not commence normal operations until it complies with, or has been modified to comply with, this standard. Proof of said compliance shall be a certification provided by the engineer who prepared the original report.

C.

Every telecommunication facility within four hundred feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every five years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the director. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited area where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed eighty percent of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the state of California to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author's/engineer's findings with respect to compliance with the current NIER standard shall be submitted to the director within five years of facility approval and every five years thereafter. In the case of a change in the standard, the required report shall be submitted within ninety days of the date said change becomes effective.

D.

Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the use permit or other entitlement for use.

(Ord. 1097 § 50 (part), 1996)

A.

Exceptions to the requirements specified in Sections 18.119.020 through 18.119.170 may be granted through issuance of a use permit by the commission. Such a permit may only be approved if the commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

B.

An exception to the requirements of Sections 18.119.080 and 18.119.150 may only be granted upon written concurrence by the Napa County fire chief or his/her designee.

(Ord. 1097 § 50 (part), 1996)

A.

Establishment of a telecommunication facility may, where permitted under the provisions of Chapters 18.16 through 18.100, be authorized by a site plan approval pursuant to Chapter 18.140 so long as said facility meets all the following conditions:

1.

The facility complies with all the minimum requirements specified in Sections 18.119.020 through 18.119.180;

2.

The facility is located outside the safety zone of any airport;

3.

The facility is located more than four hundred feet from any inhabited area as this term is defined in Section 18.08.325 that is not occupied solely by the owner of the underlying property and his/her family or NIER calculations prepared by a qualified electrical engineer licensed by the state of California have been submitted showing that NIER levels there are less than ten percent of the NIER standard established by Section 18.119.180;

4.

The areas disturbed are located outside the boundaries of the environmentally-sensitive areas identified on the Napa County Environmental Resource Maps or evidence acceptable to the director has been submitted showing that the hazard or resource involved in fact does not exist in the area in question or will not adversely effect, or be adversely effected by, the project as proposed;

5.

The areas disturbed have average slopes of under thirty percent;

6.

The facility consists of no more than a single telecommunications tower and one or more related equipment buildings/enclosures;

7.

The facility is incapable of producing effective radiated power levels in excess of ten thousand watts;

8.

The facility will generate no more than one trip per week on an average annualized basis once construction is complete and the equipment is fully operational;

9.

The facility blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable, or is co-located with an existing telecommunication or other quasi-public facility in such a manner so that the height of any facility less than fifty feet tall is not increased above fifty feet, or is architecturally-integrated into the existing building on which is mounted, or is entirely contained within a building primarily occupied by another permitted use, or consists of a single whip (omni) antenna less than twenty feet in length with a diameter of less than four inches;

10.

The height of any new telecommunications tower, other than a tower on a multiple-user site or co-located with a quasi-public facility, is less than one hundred fifty feet;

11.

The height of any new uncamouflaged or unscreened telecommunications tower on a multiple-user site or when co-located with a quasi-public facility shall be less than thirty-five feet;

12.

The highest point on any camouflaged or screened telecommunication tower with all antennas and other planned equipment attached is less than ten feet above the highest point on the surrounding tree canopy within forty (horizontal) feet;

13.

The highest point on any co-located facility involved is less than ten feet higher than the height of the original facility as authorized in its use permit or other entitlement for use or, where no use permit or other entitlement for use exists, the height of the facility as it existed before any co-location took place;

14.

Any new antenna-array support needed is installed no further above the top of the tree canopy than technical considerations require;

15.

Any new utility line extensions longer than fifty feet installed primarily to serve this facility are located underground within an existing road or other area where any trees present will not be disturbed;

16.

All new lines connecting various portions of the facility have been placed underground;

17.

Any new building(s) has been effectively screened from view from off-site;

18.

Less than three hundred feet of new road has been (or would be) installed to serve the planned facility;

19.

No new cuts or fills would be higher than three feet individually or four feet in aggregate at any given location;

20.

No trees larger than six inches in diameter have been (or would be) removed.

B.

The director may deny a site plan for a facility that meets all these standards if he/she determines, in his/her sole discretion, that the public interest would be furthered by having the commission review this matter. In that case and the case of any proposed facility that fails to meet one or more of the standards listed above, a use permit approved by the commission shall be required to construct the facility in question.

C.

The grounds for appeal of issuance of either this site plan approval or the subsequent building permit shall be limited to assertion(s) that one or more specific standards listed above and/or specific requirements of the building code would not be met, that the notice required under Section 18.119.220(C) was not provided, or that the action was so inappropriate or unjustified as to require a further hearing by the board. In this latter instance a specific finding by the board that such a situation exists must be made prior to a appeal hearing being scheduled. Notwithstanding any other provision of this code, appeals involving site plan approvals for telecommunication facilities shall be acted on and a final decision rendered within seventy-five days of issuance of the site plan approval or building permit being appealed.

(Ord. 1097 § 50 (part), 1996)

A.

Modification of a previously-approved telecommunication facility may be authorized by site plan approval pursuant to Chapter 18.140 so long as said modification meets all the following conditions:

1.

The modified facility complies with all the minimum requirements specified in Sections 18.119.020 through 18.119.180;

2.

The modified facility meets the requirements specified in Sections 18.119.200(A)(3) through (5), (7), and (10) through (20);

3.

The modified facility will generate no more than two trips per week on an average annualized basis once all construction work is complete and all equipment installed is fully operational;

4.

The overall height of the telecommunication tower with all planned antennas and other equipment attached has not been increased by more than ten feet over that authorized by the original use permit or other entitlement for use or, where no use permit or other entitlement for use exists, the height of the facility as it originally existed before any modifications were undertaken;

5.

The gross cross-sectional area or silhouette of the telecommunications tower involved with related antennas, dishes and other devices attached has not, from any aspect, been increased by more than twenty-five percent over that authorized by the original use permit or other entitlement for use or, where no use permit or other entitlement for use exists, the height of the facility as it originally existed before any modifications were undertaken;

6.

If required by the Napa County Airport Land Use Compatibility Plan, Napa County airport land use commission approval has previously been obtained for any tower whose revised height with all planned antennas and other equipment attached exceeds one hundred fifty feet.

B.

The director may deny a site plan for a modification that meets all these standards if he/she determines, in his/her sole discretion, that the public interest would be furthered by having the commission review this matter. In that case and the case of all facilities that fail to meet one or more of the standards listed above, a use permit approved by the commission shall be required to make the modification involved.

C.

The grounds for appeal of issuance of either this site plan approval or the subsequent building permit shall be limited to assertion(s) that one or more specific standards listed above and/or specific requirements of the building code would not be met, that the notice required under Section 18.119.220(C) was not provided, or that the action was so inappropriate or unjustified as to require a further hearing bythe board. In this latter instance a specific finding by the board that such a situation exists must be made prior to a appeal hearing being scheduled. Notwithstanding any other provision of this code, appeals involving site plan approvals for telecommunication facilities shall be acted on and a final decision rendered within seventy-five days of issuance of the site plan approval or building permit being appealed.

(Ord. 1097 § 50 (part), 1996)

A.

Notwithstanding any other provision in this Chapter 18.119, a collocation facility as defined in this section shall be permitted, subject to the issuance of a building permit, if it satisfies the following requirements:

1.

The wireless telecommunications collocation facility on which the collocation facility is proposed was subject to a discretionary permit and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunications collocation facility in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the requirements of Public Resources Code section 21166 do not apply, and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration; and

2.

The collocation facility is consistent with all the requirements applicable to the wireless telecommunications collocation facility, including but not limited to use permit conditions and the development and performance standards set forth in Sections 18.119.020 through 18.119.180.

B.

If a collocation facility is proposed on, or immediately adjacent to an existing wireless telecommunications collocation facility which has not been subject to a discretionary permit as set forth in subsection (A)(1) above, the wireless telecommunications collocation facility shall be subject to use permit or site plan approval issued on or after January 1, 2007, and comply with the following:

1.

The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) through certification of an environmental impact report, or adoption of a negative declaration, mitigated negative declaration, or a categorical exemption;

2.

Applicable state and county requirements, including the Napa County General Plan, Airport Industrial Area Specific Plan, and zoning ordinances;

3.

All of the development and performance standards set forth in Sections 18.119.020 through 18.119.180; and

4.

At least one public hearing on the discretionary permit required under this subsection (B) has been held and notice thereof has been given pursuant to Government Code section 65091.

C.

For purposes of this section, the following definitions apply:

1.

"Collocation facility" means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a wireless telecommunication collocation facility.

2.

"Wireless telecommunications facility" means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.

3.

"Wireless telecommunications collocation facility" means a wireless telecommunications facility that includes collocation facilities.

D.

With respect to the consideration of the environmental effects of radio frequency emissions associated with collocation facilities, review shall be limited to that authorized by Section 332(c)(7) of Title 47 of the United States Code, or as that section may be hereafter amended.

(Ord. No. 1318, § 5, 6-9-2009)

In addition to the public notice required under subsection (B) of Section 18.124.040 and subsection (D) of Section 18.140.030, the following special noticing shall be provided:

A.

Notice of installation of any mockup shall be provided by placing a display advertisement of at least one-eighth page clearly indicating the location of the facility, the tentative hearing date for the proposal, and the period during which the mockup will be present. This notice shall be published three days prior to the erection of the mockup in a paper of general circulation serving the area potentially impacted. In addition this notice shall be mailed to all property owners within one thousand feet of the parcel(s) on which the facility including any private access way is to be located.

B.

Notice of the public hearing on a use permit authorizing the establishment or modification of a telecommunication facility shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel via mailing of the standard legal notice prepared in response to subsection (B) of Section 18.124.040.

C.

Notice of the approval of a site plan authorizing the establishment or modification of, or the renewal of a permit for, a telecommunication facility shall be provided by publishing a legal notice in a newspaper of general circulation serving the area potentially impacted. Said notice shall clearly indicate the location of the facility and the limited grounds for appeal. It shall be mailed to all property owners within one thousand feet of the parcel on which the facility is located and all persons known to have telecommunication facilities within one mile of the site. Mailing/publication of said notice shall start a ten working day appeal period.

(Ord. 1097 § 50 (part), 1996)

(Ord. No. 1395, § 4, 12-16-2014)

Minor antennas as defined in Section 18.08.378 may be installed, erected, maintained, and/or operated in any zoning district where such antennas are permitted under this title so long as all the following conditions are met:

A.

The underlying use involved is accessory to the primary use of the property which is not a telecommunications facility;

B.

No more than three other antenna or satellite dishes larger than two feet in diameter, other than amateur radio antennas are present on the parcel;

C.

The combined effective radiated power radiated by all the antenna present on the parcel is less than one thousand five hundred watts;

D.

The combined NIER levels produced by all the antenna present on the parcel does not exceed the NIER standard established in Section 18.119.180;

E.

The antenna is not situated between the primary building on the parcel and any public or private street adjoining the parcel, except that accessory antennas may be co-located with any public pay telephone installation or similar facilities, so long as antennas are hidden from view to the public and such facilities are architecturally integrated with the telephone installation or other primary facility if not a telephone installation;

F.

The antenna is located outside all yard and street setbacks specified in Chapters 18.104 and 18.112 and no closer than twenty feet to any property line, with the exception of accessory antennas located as part of pay telephone facilities or similar facilities as determined by the director;

G.

None of the guy wires employed are anchored within the area in front of the primary structure on the parcel;

H.

No portion of the antenna array extends beyond the property lines or into the area in front of the primary building on the parcel, with the exception of accessory antennas located as part of pay telephone facilities or similar facilities as determined by the director;

I.

At least ten feet of horizontal clearance exists between the antenna and any power lines;

J.

All towers, masts and booms are made of a noncombustible material and all hardware such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion has been protected either by galvanizing or sheradizing after forming;

K.

The materials employed are not unnecessarily bright, shiny, or reflective and are of a color and type that blends with the surroundings to the greatest extent possible; and

L.

The installation is in compliance with the manufacturer's structural specifications and the requirements of the Uniform Building Code including Section 507. Exceptions Table SD, Table 23-24 and Section 360.

(Ord. No. 1318, § 6, 6-9-2009; Ord. 1097 § 50 (part), 1996)

A.

Ground-, building-, or tower-mounted radio antenna operated as part of the Amateur Radio Service by amateurs licensed under Part 97 of the FCC regulations may be installed, erected, maintained, and/or operated in any zoning district where minor antenna are permitted under this title so long as all of the following conditions are met:

1.

The minimum standards specified in subsections (A), (E), (F), (I), and (L) of Section 18.119.230 have been complied with and a written self-certification of compliance has been submitted to the director by the applicant;

2.

No more than two other amateur radio antennas are present on the parcel; and

3.

No boom or active element of the antenna is larger than two inches in diameter.

B.

Telecommunication towers on which amateur radio antenna are mounted shall meet the following additional criteria:

1.

The tower is the only one present on the parcel;

2.

The tower with all masts and antennas attached is less than fifty feet tall, except when extended and it shall only be extended above fifty feet during actual operation of the amateur radio antenna facility of which it is a part; and

3.

The tower is a lattice-type with maximum dimensions of no more than thirty inches on a side or a tubular-type no more than six inches in diameter.

C.

No person shall install a telecommunication tower on which an amateur radio antenna is to be mounted without first submitting a plot plan and such other information as the director finds necessary to demonstrate compliance with subsections (A) and (B) above.

D.

The director or zoning administrator, as appropriate, may waive compliance with the requirements of Sections 18.119.230(E) and (F) and subsections (B)(2) and (3) above upon submission of technical evidence demonstrating that adherence to these standards would deny the applicant the ability to effectively communicate on the radio band to be used.

(Ord. 1104 § 38, 1996; Ord. 1100 § 1, 1996)

A.

Ground- and building-mounted satellite dishes may be installed, erected, maintained, and/or operated in any zoning district where minor antennas are permitted so long as all the following conditions are met:

1.

The minimum standards specified in Section 18.119.230 are complied with;

2.

No more than one other satellite dish larger than two feet in diameter is present on the parcel;

3.

Any roof-mounted satellite dish larger than two feet in diameter is located in back of, and does not extend above, the peak of the roof;

4.

Any ground-mounted satellite dish with a diameter greater than four feet that is situated less than five times its actual diameter from adjoining property lines has screening treatments located along the antennas' non-reception window axes and low-level landscape treatments along its reception window axes; and

5.

For any roof- or mast-mounted satellite dish larger than two feet in diameter, a building permit has been obtained and compliance with the standards listed in Sections 613.0 and 615.0 of the BOCA Basic Building Code has been demonstrated to the satisfaction of the building official.

B.

No person shall place a satellite dish larger than four feet in diameter on private property without first submitting sufficient information to the director, including but not limited to a site plan and elevations, to determine compliance with this section and Section 18.119.230. The director may approve, disapprove or modify the proposed placement. In addition he/she may require that the satellite dish be of a specific diameter, color, or type of construction.

(Ord. 1097 § 50 (part), 1996)

Ground- and building-mounted panel antenna may be installed, erected, maintained, and/or operated in any zoning district where minor antenna are permitted so long as all the following conditions are met:

A.

The minimum standards specified in Section 18.119.230 are complied with;

B.

No more than one other panel antenna is present on the parcel; and

C.

Any roof-mounted panel antenna with a face area greater than three and one-half square feet is located behind, and does not extend above, the peak of the roof nearest the closest inhabited area off site, or public road, if there is one.

(Ord. 1097 § 50 (part), 1996)

Ground- and building-mounted radio and receive-only television antennas may be installed, erected, maintained, and/or operated in any zoning district where minor antenna are permitted under this title so long as all the following conditions are met:

A.

The minimum standards specified in Section 18.119.230 are complied with;

B.

No boom or any active element of the antenna is longer than fifteen feet; and

C.

Any wire antenna that is not self-supporting is supported by objects within the property lines but not within the area in front of the primary structure on the property.

(Ord. 1097 § 50 (part), 1996)