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Except as provided for under Larkspur Municipal Code Sections 18.51.045 and 18.51.050, this chapter shall apply to all proposed communication facilities.

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

1. A wireless communication facility in any residentially zoned district (R-1, R-2, R-3, RMP) or within a residential area or within a planned development (PD) zoning district, or any open space (OS) zoning district.

2. A communications facility that does not meet the applicable site development standards outlined in Larkspur Municipal Code Section 18.51.065.

3. A tower in a nonresidential zoning district over thirty-five (35) feet in height, or more than one tower of any height on a site or parcel.

4. A wireless communication facility, with a backup generator, located in a commercial or residential zoning district and a communication facility in any zoning district, with an ancillary fuel storage tank(s) to support the backup power supply.

5. A wireless communication facility or tower that would not otherwise be permitted by this chapter. The applicant will be required to prove that there are no feasible alternatives to this proposal and demonstrate to the Planning Commission, by substantial evidence, that compliance with a particular requirement is technologically infeasible, would result in an unreasonable interference with signal quality, or is necessary for the adequate development of facilities to serve all areas within the City, to promote competition and achieve open access.

6. A wireless communication facility within the combining heritage preservation district (H), to be mounted on, or installed within, a historically significant building or structure listed on the National Register of Historic Places or the California Register, identified as a historic structure in a local historic survey or registry or as determined by a qualified architectural historian as having significant historic contribution to the area.

7. Except as set forth in Larkspur Municipal Code Sections 18.51.045 and 18.51.050, towers less than thirty-five (35) feet in height if, during site review, the Zoning Administrator determines that it is readily visible from any adjacent residentially zoned property or residential development within a PD Zoning District.

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

1. A wireless facility that complies with the criteria set forth under Larkspur Municipal Code Sections 18.51.065, 18.51.070 and 18.51.080;

2. A modification to an existing wireless facility, including modifications of existing monopoles or towers, new building additions, extensions, projections, etc., made to existing facilities which the Community Development Director determines would create a substantial change to the existing conditions, or increase the visual impacts of the facility. This shall include extensions to height of a facility that exceeds the height limits of the base zoning district.

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