Chapter 18.22 USE PERMITS

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

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

Uses
1.	Airport,
2.	Cemetery,
3.	Hospital,
4.	Rest home,
5.	Sanitarium,
6.	Institution of a philanthropic or charitable nature,
7.	Quarries, subject to the provisions of Sections 18.22.020 through 18.22.100,
8.	Topsoil sites, subject to the provisions of Sections 18.22.110 through 18.22.150,
9.	Garbage dumps,
10.	Directional signs, subject to standards as established by the planning commission,
11.	Small boat harbors,
12.	Boarding homes for the aged,
13.	Foster homes for care of children.

(1996 zoning code (part)).

18.22.020 Quarries--Permit--Bond.

Quarries may be operated in any portion of the city subject to the securing of an annual use permit and subject to the posting of a corporate surety bond, the amount to be determined by the city engineer and approved by the planning commission for the faithful performance of the conditions of the permit. (1996 zoning code (part)).

18.22.030 Quarries--Permit--Application and investigation.

Each application for any such permit shall be made to the planning commission in a form provided by the planning commission. Such application shall be accompanied by:

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

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

C. Contour map when required by the planning commission;

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

E. The planning commission, upon receipt of the application and upon the payment of the required fee, shall make such investigations as are necessary to determine whether or not the quarry or proposed quarry conforms or will conform fully to the regulations herein set forth and with the terms of the other city ordinances pertaining to land use or operation of quarries. The planning commission shall refer the application to such other agency or board for approval or recommendation as it deems necessary, and shall refer all applications involving the removal of more than one thousand yards to the planning commission, which shall consider and act upon said application, the same manner and under the same rules as are herein provided. The planning commission may hold such hearings as are deemed necessary. At the conclusion of investigation and any such hearings, the planning commission shall make findings as to whether or not the quarry, or proposed quarry is, will be, or may be likely to become a public nuisance, or will be dangerous or detrimental to the public peace, health, safety or the general welfare. If, in the opinion of the planning commission, the operation of the existing or proposed quarry will not be detrimental or dangerous to the public peace, safety or the general welfare, a twelvemonth permit shall be issued as herein provided. The planning commission, in issuing any such permit, shall specify such conditions as are deemed necessary for the protection of persons and property in the neighborhood and to insure that the operation of the quarry will not adversely affect the character of the neighborhood in which the quarry is located. The planning commission shall require such bonds and other guarantees as are necessary to insure compliance with the regulations imposed under the terms of any permit. In case the planning commission denies any permit applied for under the terms of this title or imposes restrictions which the applicant deems to be arbitrary or unreasonable, the applicant may appeal such decision to the city council. (1996 zoning code (part)).

18.22.040 Quarries--Permit--Fee.

The fee for a permit to operate or maintain a quarry for the period of one year from the date of such permit shall be fifty dollars, payable in advance. (1996 zoning code (part)).

18.22.050 Quarries--Inspection fees.

In addition to the fee for a permit, the quarry operator shall pay to the city the actual cost of inspections of the quarry at prevailing wage rates at intervals not more frequent than once each thirty days for the purpose of determining whether the operation of the quarry is in full compliance with the regulations herein set forth and any special conditions imposed under the terms of any permit. Such inspection shall include surveying, if and as necessary to determine boundaries of excavation, slopes or cut banks and other such conditions. The permit fee shall include the cost of two inspections. (1996 zoning code (part)).

18.22.055 On-sale alcohol outlets.

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

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

	47	On-Sale General for Bona Fide Public Eating Place
	48	On-Sale General for Public Premises
	49	On-Sale General for Seasonal Business
	50	On-Sale General for Club

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

1. That the proposed use will not generate negative impacts in the neighborhood created by the sale of alcohol; and

2. That the proposed use will not adversely affect adjacent or nearby uses, including churches, schools, hospitals, parks, recreation centers, and residences; and

3. That the proposed use will not interfere with vehicular or pedestrian circulation along a public street or sidewalk; and

4. That the proposed use is designed in a manner that ensures that it will not be conducted in a manner that threatens public health, safety, quiet enjoyment of residential property or general welfare.

D. Conditions. The planning commission or city council on appeal may deny any use permit application which is inconsistent with the above-noted criteria, or may impose any conditions on the applicant or proposed use reasonably related thereto including, but not limited to, hours of operation, restrictions on live entertainment and/or amplified sound, exterior lighting requirements, security, crowd control, and/or pedestrian circulation measures and trash and litter removal. (Ord. C-2013-08 §3, 2013: Ord. C-2013-01 §3, 2013).

18.22.060 Quarries--Excavation.

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

B. When cut slopes steeper than one to one (1:1) exceed fifty feet vertically, they shall be stepped at intervals not exceeding fifty feet vertically, and such step shall be at least fifteen feet wide. (1996 zoning code (part)).

18.22.070 Quarries--Fencing.

All quarries shall be fenced by a substantial, neat, six foot fence with posts spaced fifteen feet center to center and barbed wire spaced one foot apart. When deemed necessary for safety purposes, the planning commission may require portions of the quarry to be fenced with a chain link fabric fence of six gauge wire. The fence design shall meet the approval of the planning commission. (1996 zoning code (part)).

18.22.080 Quarries--Drainage of premises.

The finished excavation shall in all cases be graded in such a manner as to prevent the accumulation of storm waters or natural seepage. Finished grades in all cases shall have slopes not less than one and one-half percent. (1996 zoning code (part)).

18.22.090 Quarries--Erosion control and screen planting.

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

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

C. In cases where material in the quarry is of such nature that no erosion will take place, plant material of type and quantity specified by the planning commission shall be placed as required to screen cut slopes from public view. (1996 zoning code (part)).

18.22.100 Quarries--Maintenance and operation.

The quarry premises shall be maintained at all times in a neat and orderly manner.

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

B. The holder of the quarry permit shall be responsible for spilling or dumping of quarries material on city streets or roads. (1996 zoning code (part)).

18.22.110 Topsoil sites--Permit and bond.

Topsoil sites may be operated in any portion of the city subject to the securing of an annual use permit and subject to the posting of a corporate surety bond, the amount to be determined by the city engineer and approved by the planning commission for the faithful performance of the conditions of the permit. (1996 zoning code (part)).

18.22.120 Topsoil sites--Applicability of certain provisions.

The provisions of Sections 18.22.030 through 18.22.050 of this chapter shall apply to all topsoil site applications. (1996 zoning code (part)).

18.22.130 Topsoil sites--Erosion control.

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

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

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

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

E. All surface drainage existing or developing by or through the topsoil site shall be controlled by dikes, barriers or drainage structures to prevent any silt, erosional debris or other loose material from filling any existing drainage course or encroaching on state, county or city roads or private property. All provisions to control natural drainage or flood water shall meet with approval of the city engineer; provided, that said approval shall in no way constitute an undertaking by the city engineer or the city that said provisions are adequate or safe. (1996 zoning code (part)).

18.22.140 Topsoil site--Drainage of premises.

The finished excavation shall, in all cases, be graded in such a manner as to prevent the accumulation of storm waters or natural seepage. (1996 zoning code (part)).

18.22.150 Topsoil site--Maintenance and operation.

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

B. The operation of the topsoil site shall be conducted in such a manner as to obviate excessive dust and noise. The operator shall maintain haulage roads in a dust-free condition, providing such surfacing or other treatment deemed necessary by the planning commission. (1996 zoning code (part)).

18.22.160 Application--Procedure--Map.

Application for any use permit permissible under the provisions of this section and Sections 18.22.170 through 18.22.190, except as otherwise provided for quarry and topsoil sites, shall be made in writing to the planning commission on forms provided by the commission. The application shall be signed and verified by the owner of the land involved or by his authorized agent. If application is made by a person other than the owner, written authorization to act on behalf of the owner shall be submitted with such application. An application may also be made on behalf of one who is or will be plaintiff in an action in eminent domain to acquire the premises involved.

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

B. The community development director or the planning commission may also require that the application be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys, and all lots and parcels of land within a distance of five hundred feet from the exterior boundaries of the property involved. The accuracy of such map shall be the responsibility of the applicant. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).

18.22.170 Application--Public hearing--When required.

Upon receipt of any such application, the planning commission shall hold a public hearing or public hearings thereon, unless it finds that the granting of the application will have no material effect upon adjoining property. (1996 zoning code (part)).

18.22.180 Application--Public hearing--Notice.

If a public hearing or hearings are to be held, notice thereof shall be given in the manner hereinafter provided. Such notice shall contain the street address or other description of the property for which the application is sought and set forth the time, place and general purpose of the hearing:

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

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

2. Posting notices in the same manner as set forth in this title for a proposed rezoning amendment.

B. Provided, however, that the failure to give such notice or of any addressee to receive the same, shall not invalidate or affect any proceedings taken pursuant to this section and Sections 18.22.160, 18.22.170 and 18.22.190. (1996 zoning code (part)).

18.22.190 Application--Public hearing--Decision.

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

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

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

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

E. Any action by the planning commission to approve, conditionally approve or deny any use permit may be appealed to the city council on or before the tenth calendar day following such action pursuant to the provisions of Section 18.22.200. (Ord. C-8-11 §6, 2011; 1996 zoning code (part)).

18.22.200 Appeals.

Determinations of the planning commission under the provisions of this chapter may be appealed to the city council pursuant to the requirements of Chapter 1.25. (Ord. C-7-08 §24, 2008: Ord. 5-07 §3, 2007; 1996 zoning code (part)).

18.22.210 Revocation--When.

In the event any person, firm or corporation holding a use permit for any of the uses or purposes for which such permits are required or permitted by the terms of this title, or any other law or ordinance, violates the terms of the use permit, or conducts or carries on said use in such a manner as to materially affect adversely the health, welfare or safety of persons residing or working in the neighborhood of the property of the permittee, or conducts or carries on said use so that the use is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the planning commission shall revoke or suspend said use permit. (1996 zoning code (part)).

18.22.220 Revocation--Hearing and notice.

No use permit shall be revoked or suspended until a hearing is held by the planning commission. Written notice of such hearing shall be served upon the permittee, either personally or by registered mail, and shall state:

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

B. The time when, and the place where such hearing is to be held. Such notice shall be served by registered mail or personal service on the permittee at least five days prior to the date set for said hearing. At any such hearing the permittee shall be given an opportunity to be heard and defend himself, and he may call witnesses and present evidence in his behalf. Upon conclusion of such hearing the planning commission shall determine whether or not the permit shall be suspended or revoked. In the event the determination is to suspend or revoke said permit, the permittee may appeal said decision to the city council in the same manner as provided hereinbefore for appeals taken on applications for the granting of such permits. (1996 zoning code (part)).

18.22.230 Application--Resubmittal after final disapproval.

An application for a use permit that has been finally disapproved may not be resubmitted for a period of one year from final disapproval unless the application has been substantially changed. (1996 zoning code (part)).

18.22.240 Wireless telecommunications facilities--Purpose.

The purpose of this chapter is to establish regulations for the establishment of wireless telecommunication facilities within the city of Half Moon Bay, consistent with the Half Moon Bay Municipal Code, and with the intent to:

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

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

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

D. Protect and enhance public health, safety, and welfare.

E. The regulations in this chapter are intended to be consistent with state and federal law, particularly the Federal Telecommunications Act of 1996, in that they are not intended to (1) be used to unreasonably discriminate among providers of functionally equivalent services; (2) have the effect of prohibiting personal wireless services within the city of Half Moon Bay; or (3) have the effect of prohibiting the siting of wireless communication facilities on the basis of the environmental/health effects of radio frequency emissions, to the extent that the regulated services and facilities comply with the regulations of the Federal Communications Commission concerning such emissions. (Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.250 Wireless telecommunication facilities--Definitions.

For purposes of this chapter, the following terms shall have the meanings set forth below:

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

B. “Administrative review” means consideration of a proposed co-location facility by staff for consistency with the requirements of this chapter, the consideration of which shall be ministerial in nature, shall not include conditions of approval, and shall not include a public hearing.

C. “Co-location” means the placement or installation of wireless telecommunication facilities, including antennas and related equipment on, or immediately adjacent to, an existing wireless telecommunication facility.

D. “Co-location facility” means a wireless telecommunication facility that has been co-located consistent with the meaning of “co-location” as defined in subsection C of this section. It does not include the initial installation of a new wireless telecommunication facility that will support multiple service providers.

E. “Wireless telecommunication facility” or “WTF” means equipment installed for the purpose of providing wireless transmission of voice, data, images, or other information including, but not limited to, cellular telephone service, personal communications services, and paging services, consisting of equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems. “Wireless telecommunication facility” does not include radio or television broadcast facilities. (Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.260 Wireless telecommunication facilities--Permit requirements and standards for new wireless telecommunication facilities that are not co-location facilities.

All new wireless telecommunication facilities that are not co-location facilities must meet the standards and requirements set forth in Sections 18.22.270 through 18.22.370. (Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.270 Wireless telecommunication facilities--Permit requirements for new wireless telecommunication facilities that are not co-location facilities.

A use permit will be required for the initial construction and installation of all new wireless telecommunication facilities, in accordance with requirements, procedures, appeal process, and revocation process outlined in this chapter. Approval of a use permit in accordance with this chapter does not eliminate the need for a coastal development permit that is consistent with the certified local coastal program. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.280 Wireless telecommunication facilities--Development and design standards for new wireless telecommunication facilities that are not co-location facilities.

All new wireless telecommunication facilities must meet the following minimum standards. Where appropriate, more restrictive requirements may be imposed as a condition of use permit approval.

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

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

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

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

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

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

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

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

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

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

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

L. Diesel generators shall not be installed as an emergency power source unless the use of electricity, natural gas, solar, wind or other renewable energy sources are not feasible. If a diesel generator is proposed, the applicant shall provide written documentation as to why the installation of options such as electricity, natural gas, solar, wind or other renewable energy sources is not feasible. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.290 Wireless telecommunication facilities--Performance standards for new wireless telecommunication facilities that are not co-location facilities.

No use may be conducted in a manner that, in the determination of the community development director, does not meet the performance standards below. Measurement, observation, or other means of determination must be made at the limits of the property, unless otherwise specified.

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

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

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

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

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

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

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

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

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

J. If technically practical and without creating any interruption in commercial service caused by electronic magnetic interference (EMI), floor space, tower space and/or rack space for equipment in a wireless telecommunication facility shall be made available to the city for public safety communication use. (Ord. C-2015-04 §1(part), 2015; Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.300 Wireless telecommunication facilities--Additional requirements.

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

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

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

D. New wireless telecommunication facilities shall obtain a CDP, pursuant to Chapter 18.20, and the period of development authorization for any such CDP shall be limited to no longer than ten years. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.310 Wireless telecommunication facilities--Application requirements for new wireless telecommunication facilities that are not co-location facilities.

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

1. A completed planning permit application form.

2. A completed use permit for a cellular or other personal wireless telecommunication facility form.

3. A completed environmental information disclosure form.

4. Proof of ownership or statement of consent from the owner of the property.

5. A site plan, including a landscape plan (if appropriate under the provision of Section 18.22.280(E)), and provisions for access.

6. Elevation drawing(s).

7. Photo simulation(s) of the wireless telecommunication facility from all line-of-sight locations used by the public, including trails, scenic points, and roads.

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

9. A maintenance plan detailing the type and frequency of required maintenance activities, including maintenance of the access road.

10. For projects that are technically capable of accommodating additional facilities, a description of the planned maximum ten-year buildout of the site for the applicant’s wireless telecommunication facilities, including, to the extent possible, the full extent of wireless telecommunication facility expansion associated with future co-location facilities by other wireless telecommunication facility operators. The applicant shall use best efforts to contact all other wireless telecommunication service providers known to be operating in the city upon the date of application, to determine the demand for future co-locations at the proposed site, and, to the extent feasible, shall provide written evidence that these consultations have taken place, and a summary of the results, at the time of application. The city shall, within thirty days of its receipt of an application, identify any known wireless telecommunication providers that the applicant has failed to contact and with whom the applicant must undertake their best efforts to fulfill the above consultation and documentation requirements. The location, footprint, maximum tower height, and general arrangement of future co-locations shall be identified by the ten-year buildout plan. If future co-locations are not technically feasible, an explanation shall be provided of why this is so.

11. Identification of existing wireless telecommunication facilities within a two-and-one-half-mile radius of the proposed location of the new wireless telecommunication facility, and an explanation of why co-location on these existing facilities, if any, is not feasible. This explanation shall include such technical information and other justifications as are necessary to document the reasons why co-location is not a viable option. The applicant shall provide a list of all existing structures considered as alternatives to the proposed location. The applicant shall also provide a written explanation why the alternatives considered were either unacceptable or infeasible. If an existing tower was listed among the alternatives, the applicant must specifically address why the modification of such tower is not a viable option. The written explanation shall also state the radio frequency coverage and/or capacity needs and objective(s) of the applicant.

12. A statement that the wireless telecommunication facility is available for future co-location projects, or an explanation of why future co-location is not technologically feasible.

13. A radio frequency (RF) report describing the emissions of the proposed wireless telecommunication facility and, to the extent reasonably ascertainable, the anticipated increase in emissions associated with future co-location facilities.

14. The mandated use permit application fee, and other fees as applicable.

15. Depending on the nature and scope of the project, other application materials, including, but not limited to, a boundary and/or topographical survey, may be required.

16. Applications for the establishment of new wireless telecommunication facilities inside residential (R) zoning districts and general plan land use designations shall be accompanied by a detailed alternatives analysis that demonstrates that there are no feasible alternative nonresidential sites or combination of nonresidential sites available to eliminate or substantially reduce significant gaps in the applicant carrier’s coverage or network capacity.

17. A report outlining the applicant’s efforts to ensure service reliability and availability, particularly for emergency services (e.g., 911 calls) and service restoration in disaster events. The report should include, at a minimum, a description of the network design elements, features, and related equipment employed by applicant to mitigate service outages in the city and/or surrounding coastside communities. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.320 Wireless telecommunication facilities--Use permit term, renewal and expiration.

Use permits for wireless telecommunication facilities, including approval of the ten-year buildout plan as specified by Section 18.22.310(A)(10), shall be valid for no more than ten years following the date of final approval. The applicant shall file for a renewal of the use permit and pay the applicable renewal application fees six months prior to expiration with the city planning and building department, if continuation of the use is desired. In addition to providing the standard information and application fees required for a use permit renewal, wireless telecommunication facility use permit renewal applications shall provide an updated buildout description prepared in accordance with the procedures established by Section 18.22.310(A)(10).

Renewals of use permits approved after the effective date of this chapter shall only be approved if all conditions of the original use permit have been satisfied, and the ten-year buildout plan has been provided. If the use permit for an existing wireless telecommunication facility has expired, applications for co-location at that site, as well as after-the-fact renewals of use permits for the existing wireless telecommunication facilities, will be subject to the standards and procedures for new wireless telecommunication facilities outlined in Sections 18.22.260 through 18.22.310. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.330 Wireless telecommunication facilities--Permit requirements and standards for co-location facilities.

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

1. No use permit was issued for the original wireless telecommunication facility;

2. The use permit for the original wireless telecommunication facility did not allow for future co-location facilities or the extent of site improvements involved with the co-location project; or

3. No environmental impact report (EIR) was certified, or no negative declaration or mitigated negative declaration was adopted for the location of the original wireless telecommunication facility that addressed the environmental impacts of future co-location of facilities.

B. Permit Requirements for Other Co-location Facilities. Applications for all other co-locations shall be subject to a building permit approval. Prior to the issuance of a building permit for co-location, the applicant shall demonstrate compliance with the conditions of approval, if any, of the original use permit, by submitting an application to the planning and building department for an administrative review of the original use permit, including all information requests and all associated application fees, including specifically those for administrative review of a use permit, which fee shall be equivalent to the fee established for a use permit inspection. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.340 Wireless telecommunication facilities--Development and design standards for co-location facilities.

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

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

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

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

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

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

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

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

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

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

K. At the discretion of the community development director, a co-location proposal that reduces the extent, footprint, height, number of antennas or accessory buildings as identified in the planned maximum ten-year buildout of the site as specified in Section 18.33.310(A)(10) or in the original use permit for the facility, may be considered using the administrative review provisions of Sections 18.22.330 through 18.22.370 if it will have less environmental impact. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.350 Wireless telecommunication facilities--Performance standards for co-location facilities.

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

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

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

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

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

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

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

H. If technically practical and without creating any interruption in commercial service caused by electronic magnetic interference (EMI), floor space, tower space and/or rack space for equipment in a wireless telecommunication facility shall be made available to the city for public safety communication use. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.360 Wireless telecommunication facilities--Additional requirements and standards for co-location facilities.

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

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

C. Pursuant to Public Resources Code Sections 30106 and 30610(b) as well as Title 14, Section 13253(b)(7), of the California Code of Regulations, the placement of co-located facilities on an existing wireless telecommunication facility shall require a CDP, except that if a CDP was issued for the original wireless telecommunication facility and that CDP authorized the proposed new co-location facility, the terms and conditions of the underlying CDP shall remain in effect and no additional CDP shall be required. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).

18.22.370 Wireless telecommunication facilities--Application requirements for co-location facilities.

Applicants that qualify for administrative review of co-location facilities in accordance with Section 18.22.330 shall be required to submit the following:

A. A completed planning permit application form.

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

C. A site plan showing existing and proposed wireless telecommunication facilities.

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

E. A completed environmental information disclosure form.

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

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

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

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

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

K. A report outlining the applicant’s efforts to ensure service reliability and availability, particularly for emergency services (e.g., 911 calls) and service restoration in disaster events. The report should include, at a minimum, a description of the network design elements, features, and related equipment employed by applicant to mitigate service outages in the city and/or surrounding coastside communities. (Ord. C-2014-06 §1(part), 2014: Ord. C-2013-08 §4(part), 2013: Ord. C-2013-01 §4(part), 2013).