A.

The purpose of this section is to establish the regulations, standards and circumstances for the siting, design, construction and maintenance of communication facilities in the unincorporated areas of the Tehama County.

B.

It is also the purpose of this chapter to assure, by the regulation of siting of communications facilities, that the integrity and nature of residential, rural, commercial, and industrial areas are protected from the indiscriminate and inappropriate proliferation of wireless communication facilities also known as "communication facilities" while complying with the Federal Telecommunication Act of 1996, General Order 159A of the Public Utilities Commission of the State of California and the policies of Tehama County.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

For the purpose of this chapter the following definitions shall apply:

A.

"Accessory communication building or structure" shall mean a cabinet, shelter, building or backup generator used by wireless communication providers to support the primary use of an approved commercial communication facility or fixed wireless internet facility.

B.

"Colocate" shall mean the placement and/or adherence of an antenna(s), dish(es), or similar device that transmits and/or receives electromagnetic signals including but not limited to antenna, microwave dish, horn, and other types of equipment for the transmission or reception of such signals on an existing approved communication facility or structure supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.

C.

"Commercial communication facility" shall mean a single structure (monopole or other fixed structure) supporting mobile devices through one or more antennas, dishes, or other types of equipment that transmits and/or receives electromagnetic signals; excluding radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, television reception apparatuses (antenna/dish) that are stand-alone or fixed to an approved residential structure, and small and large fixed wireless internet facilities.

D.

"Guy-wire" shall mean a tensioned cable, wire or rope that is designed to add stability to a free standing tower structure.

E.

"Large fixed wireless facility" shall mean any structure or combination of structures over eighty-one feet in height and less than one hundred twenty-one feet in height above grade, and may include a tower, pole, antenna(s), equipment or combination thereof utilized for the purpose of providing wireless internet service to one or more residential and/or commercial/industrial customer(s) at fixed locations. This may also include non-commercial radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, television reception apparatuses (antenna/dish) or other non-commercial radio transmission apparatuses.

F.

"Lattice tower or truss tower" shall mean a freestanding vertical framework tower with or without guy-wires.

G.

"Monopole" shall mean a telecommunications tower structure comprised of a single tubular mast that is erected on the ground to support one or more antennas, dishes, or similar devices that transmits and/or receives electromagnetic signals.

H.

"Non-commercial communication facility" shall mean radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, small television reception apparatuses (antenna/dish), telemetry equipment and structures, government facilities, and the use of data and voice equipment on an existing or standalone structure for the purpose of a business's internal point to point communication were they are not providing or selling their communication services to another party.

I.

"Premises" shall mean a single, legal parcel of property. Where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single "premises" for purposes of this chapter.

J.

"Small fixed wireless facility " shall mean any structure or combination of structures eighty-one feet or less in height above grade, and may include a tower, pole, antenna(s), equipment or combination thereof utilized for the purpose of providing wireless internet service to one or more residential and/or commercial/industrial customer(s) at fixed locations. This may also include non-commercial radio transmission apparatuses used solely for the purpose of Amateur Radio and/or Ham Radio if so licensed, television reception apparatuses (antenna/dish) or other non-commercial radio transmission apparatuses.

K.

"Stealth and/or camouflage" shall mean a type of architectural design for the purpose of concealing and/or obscuring communication facilities, which for the purposes of this chapter may include but is not limited to, faux water towers, windmill towers, Grain Silo's, Monocypress, Monopine, and/or Monocedar; other options may be included within this definition with the director of planning's approval.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

A.

All new antennas, dishes, or similar devices for commercial communication facilities that will not increase the height of the existing fixed structure by more than fifteen feet, this provision includes colocation.

B.

All new antennas, dishes, or similar devices for small fixed wireless and non-commercial communication facilities that will not increase the height of an existing fixed structure in a manner that will exceed the standards as defined in subsection 17.71.020(J), Small Fixed Wireless Facility; this provision includes colocation.

C.

Accessory communication building(s) or structure(s) for a permitted use that does not exceed the height, lot coverage or setback standards within the applicable zoning district.

D.

Small fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises larger than one acre that has a structure face width or diameter of less than or equal to forty-eight inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

E.

Large fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises larger than five acres that has a structure face width or diameter of less than or equal to eighty inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

A.

All new antennas, dishes, or similar devices for commercial communication facilities that will increase the height of the existing fixed structure by more than fifteen feet, but that will not exceed twenty-five feet above the height limit within the applicable zoning district, this provision includes colocation.

B.

Small fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises one acre or less that has a structure face width or diameter of less than or equal to forty-eight inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

C.

Small fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises larger than one acre that has a structure face width or diameter of less than or equal to sixty-six inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

D.

Large fixed wireless or non-commercial communications facilities as an accessory use to the primary use defined in the applicable zoning district on a premises larger than five acres that has a structure face width or diameter of less than or equal to one hundred thirty-five inches and has a minimum setback to all property lines equal to the facilities height. Any associated guy-wires are not to be included in the setback requirement.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

A.

Except as provided in subsections 17.71.030(A), (B) and 17.71.040(A), no commercial communication facility shall be placed, attached, adhered, erected, sited and/or located within any zoning district of the unincorporated areas of Tehama County without first notifying the director of planning and securing a use permit.

B.

Fixed wireless and non-commercial communications facilities one hundred twenty-one feet in height above grade or more may be placed, attached, adhered, erected, sited and/or located within any district of the unincorporated areas of Tehama County upon notification of the director of planning and securing a use permit.

C.

All new antennas, dishes, or similar devices for commercial communication facilities or fixed wireless facilities that will increase the height of the existing fixed structure by more than twenty-five feet above the applicable zoning districts height limit, this provision includes colocation.

D.

Accessory communication building(s) or structure(s) for a permitted use that exceed the height, lot coverage or setback standards within the applicable zoning district.

E.

Small or large fixed wireless facilities that are located on a premises without a residence or primary use as defined in the applicable zoning code.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

A.

Applicants may apply for an administrative use permit pursuant to Section 17.71.040, if such use is consistent with the administrative use permit application requirements and other standards set forth in this chapter. In the event that the proposed use or activity does not meet the standards and requirements of Section 17.71.040, the applicant shall be required to obtain a use permit under Chapter 17.71.70.

B.

Application for an administrative use permit shall be made in writing by the owner or authorized occupant of the property on a form prescribed by the director of planning. The application shall be accompanied by a fee, as set by the board of supervisors, and plans showing the details of the site and the proposed use or activity. The details shall include but are not limited to a dimensioned site plan, color dimensioned elevations of the proposed structures and a color scaled montage of the proposed structure next to the primary use and the surrounding properties.

C.

Prior to issuance of any administrative use permit, the proposed use or activity and site plan shall be reviewed by the director for compliance with setbacks and other applicable laws, policies, codes and regulations.

D.

Administrative use permits under this chapter shall be approved and issued upon a determination by the director of planning that the proposed structure meets the required for an administrative use permit including height limits and setbacks established in this chapter of the code, and that the fees has been paid.

E.

A public hearing shall not be required on any application for an administrative use permit prior to action being taken by the director of planning to approve or deny the application. Approval or denial of the project pursuant to Subsection 17.71.060(D) shall cause a notification of the directors decision to be mailed to the applicant, and if approved to all of the surrounding neighbors within one thousand feet of the projects boundaries. The notice shall include the following:

1.

The notice shall include the location and general description of the proposed use that may be established upon the issuance of the administrative use permit.

2.

The notice shall inform the property owners and applicant of their right to appeal the approval or denial of the administrative use permit to the planning commission.

F.

Appeal of the action to approve or deny an administrative use permit under this chapter by the director of planning shall be made in writing to the planning commission and submitted to the planning department within ten business days of the date the notification is mailed pursuant to subsection 17.71.060(E). If the planning commission's action is appealed to the board of supervisors an appeal fee and written notice of appeal shall be made in writing to the board of supervisors and submitted to the clerk of the board within ten business days of the date of the planning commission meeting. If an appeal is received within the time frame establish in this section of the code, notice of the appeal shall be provided to the applicant/owner and all of the neighbors within one thousand feet of the project in a manor described in subsection 17.71.060(E).

G.

Planning commission and board of supervisors action regarding an appeal of a project shall be limited to affirming, modifying or reversing the previous recorded action. Action by the board of supervisors on the appeal of an administrative use permit shall be final.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

A.

The application materials contained in the submittal requirements as stated in subsections 17.70.020(A), (C) and (D). Section 17.70.020(B) is superseded regarding communications facilities and their associated structures by the following criteria, which shall be submitted with said application in a clear and legible form (Note. Incomplete applications will not be accepted):

1.

The height from natural grade to the top of proposed facility;

2.

A description of support equipment proposed;

3.

A written analysis of the RF/EMF output for the proposed facility prepared by a qualified professional;

a.

The written analyses shall include a cumulative RF/EMF analysis of all existing and proposed emission from the communication facility. The cumulative analyses shall include a conclusion section that indicates the total cumulative emissions for all emitters on the communication facility represented as a percentage of the acceptable general public exposure threshold, per the most recent FCC approved version of the OET Bulletin No. 65 circulation.

4.

The site location coordinates;

5.

The proposed elevations of the tower structure and any accessory buildings, including building height and other physical dimensions, drawn to graphic scale;

6.

A visual impact assessment, photo montages, mock-ups are required (color elevation of the proposed communication facilities). More information may be required as determined by the director of planning. The assessment shall identify any proposed trimming of vegetation that will be required for the normal operation of the facility. The applicant shall provide two options for its proposed facility of which one shall be a stealth and camouflage technology (See definition for acceptable types);

a.

All of the communication facilities shall be enclosed by a six foot solid chain link fence, or anti-climb facility.

7.

A complete service area map showing the entire wireless communications network of the providers twenty miles in all directions from the proposed site for the time period from the filing of the application to twelve months from the filing of the application, for the purpose of visually aiding cumulative environmental analysis, with and without the proposed facility or facilities, showing all hand-off sites within the above specified area;

8.

Applicants which operate common carrier communication facilities (specifically, but not limited to cellular, PCS, SMR and paging service licensees of the FCC) shall provide written evidence that the applicant has provided notice to all FCC licensed wireless communication service carriers operating within the county of the plans to develop the site;

9.

If a water source is existing and available, landscaping shall be required where ground level equipment is completely visible from a state controlled transportation route. Painting plans for the completed project shall be aesthetically and architecturally compatible with the surrounding environment;

10.

All ground level support facilities shall be placed in an equipment building painted and/or screened from view. All aesthetic treatments shall be maintained as approved for the life of the facility;

11.

Aesthetically compatible materials and veneers such as wood, brick, or stucco shall be used for equipment buildings, which shall be designed to architecturally match the exterior of residential structures, if any, in the area or blend into the surrounding environment;

12.

The minimum lot area for a facility shall be based on required setbacks as set forth in the Tehama County zoning code or the Tehama County general plan;

13.

Except for colocation, no more than one new commercial communication facility may be placed within five miles of any other existing facility(s), unless visual impacts are negligible, or the planning commission authorizes it based on the fact that the applicant has demonstrated that the site is a technical necessity to meet the demands of the geographic service area and the applicant's network;

14.

The applicant/owner/representative shall demonstrate in writing that the proposed communication facility and its proposed placement, attachment, adherence, erection, sitting and/or location complies with all applicable provisions of the Tehama County Zoning Code and other applicable ordinances;

15.

The Applicant must either own the property or have notarized permission from the owner(s) to use the premises for this purpose;

16.

A deposit or bond in the amount of fifty percent of the building permits evaluation of the communication facility shall be required in order to cover the removal expense. The deposit or bond shall be posted prior to the issuance of the permit and the applicant shall grant Tehama County the right to remove and dispose of the communication facility or to store it at the sole discretion of the director of planning. Upon expiration or revocation of the permit, the removal and/or disposal and/or storage shall be at the cost and expense of the applicant;

17.

Any additional and supplemental information that the planning department, department of public works, department of environmental health, department of building and safety, and Tehama County Fire Department determines is necessary to process the application.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

A.

The planning commission in its discretion may place conditions on any use permit pursuant to Chapter 17.70, in addition to those set forth in Section 17.71.090.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

All communication facilities, including fixed wireless facilities permitted with a building permit, administrative use permit or use permit under this chapter shall adhere to the following standards and conditions:

A.

Height Limits. The height of a communication facility shall not exceed one hundred ninety-nine feet. The planning commission may approve a facility that exceeds one hundred ninety-nine feet, but the applicant shall demonstrate that the proposed communication facility is the minimum height required to function.

B.

Location. Facilities shall be sited to avoid or minimize land use conflicts.

1.

None shall be sited in a location where it will obstruct the operations of any airport.

2.

None shall be sited along a state designated scenic highway, or where identified significant historic, cultural or archaeologic resources exist unless it is colocated on an existing structure or otherwise camouflaged/stealthed.

3.

No commercial communication facility shall be placed within five miles of an existing wireless telecommunication facility unless environmental documentation verifies that a concentration of towers in close proximity will not have a cumulative adverse impact on the visual character or quality of the site and its surroundings.

C.

Colocation. Any tower or monopole installation subject to this section shall allow colocation.

D.

Lighting.

1.

Tower or monopoles shall not be artificially lighted unless required by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), the Uniform Building Code (UBC), or other state or federal law.

2.

External structure and area lighting shall be permitted only where such lighting is activated and controlled by motion sensors.

E.

Outside Storage. No outdoor storage of equipment, materials, or supplies shall be permitted, except in approved structures as defined in this ordinance.

F.

Any landscaping that is required for the facility shall be maintained for the life of the facility to screen any ground structures or equipment.

G.

Support structures, antennas, and any associated hardware shall have a non-reflective finish that is maintained for the life of the facility.

H.

Safety. The project site shall be enclosed within a solid chain link fence with slats at least six-feet high and/or anti-climb features, except for parcels that contain a primary use and do not contain commercial communication facilities.

I.

Signage. No advertising signage or identifying logos shall be placed on any facility, except small identification plates used for emergency notification.

J.

Licensing. The applicant shall show proof of Federal Communication Commission (FCC) licensing prior to issuance of a building permit.

K.

Aesthetic Consideration. Communication facilities shall not have a significant adverse effect on a scenic vista or significantly impact the existing visual character or quality of the site and its surroundings.

L.

Sensitive Environmental Areas. This chapter shall not authorize the development and/or construction of a fixed wireless facility in any sensitive environmental area, unless approved through a use permit or authorized by the California Department of Fish and Wildlife.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

A.

Without limiting any other provision of this chapter, a use permit for a communication facility may be suspended or revoked in accordance with Chapter 17.70 if the permit holder does not comply with any provision of this chapter. The director of planning shall commence suspension or revocation proceedings if any of the following conditions exist:

1.

The director of building determines that any activity authorized by the permit is being carried out in such a manner as to constitute a nuisance, or to cause injury or unsafe conditions to public health, safety or welfare.

2.

The director of planning determines that a condition of the use permit is being violated.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)

Any communication facility in violation of this chapter is hereby declared to be a public nuisance. Such nuisance may be abated in the manner set forth in Chapter 10.16, in addition to any other remedies.

( Ord. No. 2113 , §§ 6, 7, 11-16-2021)