18.51.080 Conditional Use Permit.
A. A conditional use permit is required for any communications facility as specified under Larkspur Municipal Code Section 18.51.040 and subject to the findings as provided below under subsection (D) of this section. Such facilities may be conditionally approved in the districts where they are allowed, unless exempt from the provisions of this chapter as set forth in Larkspur Municipal Code Section 18.51.045.
B. Where approval for a conditional use permit is being considered for a wireless communications tower or monopole, the applicant will be required as a condition of approval to allow future applicants to co-locate their antennas at the approved facility. The Planning Commission may allow an exception to this requirement if the applicant can provide evidence that such co-location would cause an adverse impact on the applicant’s operation.
C. As part of project approval, the Planning Commission, or Zoning Administrator, as applicable, may require additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size or relationship to public rights-of-way.
D. In addition to the findings listed in Larkspur Municipal Code Section 18.76.050 (Use Permits), the Planning Commission shall make the following findings:
1. That the proposed communication facility has been designed in conformance with the requirements of Larkspur Municipal Code Section 18.51.060;
2. For projects filed under Larkspur Municipal Code Sections 18.51.040(A)(2) and (A)(5), the Planning Commission must find, based on substantial evidence presented in the record, that there are no other compliant alternatives to this proposal, and that strict application of the City’s site development standards is technologically infeasible, would result in an unreasonable interference with signal quality, or prohibits adequate development of facilities to serve all areas within the City, to promote competition and achieve open access.
E. The City Council may waive or modify requirements of this chapter upon advice of the City Attorney that denial of an application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of state or federal law. The applicant shall have the burden of proving that the denial would result in such a violation. (Ord. 1039 (part), 2019; Ord. 1030 § 2(12), 2018; Ord. 930 § 2, 2004. Formerly 18.51.070)