HomeMy WebLinkAbout1409ORDINANCE NO. 1409 (2002 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO AMENDING THE ZONING ORDINANCE TO
EXPAND THE ZONES IN WHICH WIRELESS
TELECOMMUNICATIONS FACILITIES MAY LOCATE SUBJECT TO
CERTAIN DEVELOPMENT STANDARDS
(GPA/TA/ER 12 -01)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
October 24, and December 19, 2001, for the purpose of considering Application GPA/TA/ER
12 -01, a proposed general plan amendment and zoning text amendment to enable wireless
telecommunication facilities to locate in all zoning districts; and
WHEREAS, the Council of the City of San Luis Obispo held a public hearing on March
5, 2002 to consider amendments to the zoning ordinance to enable wireless telecommunication
facilities to locate in the Central- Commercial, Retail - Commercial, Tourist - Commercial, and
Office zones, and establish site development criteria for such facilities in all zones where they
are conditionally allowed.
WHEREAS, the Planning Commission and City Council have considered all evidence,
including the testimony of the applicant, interested parties, and the evaluation and
recommendations by staff, presented at said hearings.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Commission makes the following
findings:
1. A general plan amendment is not necessary since the amendment will not enable
telecommunication facilities to locate in residential zones or any other areas of the Open
Space zone beyond the South Street Hills site. General plan policies in the Land Use, Open
Space, and Circulation Elements related to hillside development, preservation of scenic
corridors, and protection of residential neighborhoods all contain statements that do not
support enabling wireless cell sites in these areas.
2. Environmental determination. An environmental initial study was prepared for the proposed
amendments as described in the application file GPA/TA/ER. The City Council finds and
determines that the project's mitigated Negative Declaration (ER 12 -01) adequately addresses
the potential significant environmental impacts of the proposed project, and hereby adopts
said mitigated Negative Declaration and incorporates the mitigation measures and
monitoring program as outlined in Exhibit B, into the project.
Section 2. Amendment. The zoning ordinance is amended as outlined in Exhibit A, to
conditionally allow wireless telecommunication facilities to locate in the C -R, C -C, C -T, and O
01409
Ordinance No. 1409 (2002 Series)
GPA/TA/ER 12 -01
Page 2
zones, in addition to zones where such facilities are already conditionally allowed, and to
establish certain site development standards.
SECTION 3. Summary. A summary of this ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall
go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 19`h day of March, 2002, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 2nd day of April, 2002, on the following roll call
vote:
AYES:
NOES:
ABSENT
ATTEST:
Council Members Ewan, Mulholland, Schwartz,
Mayor Settle
None
None
- 4I
Lee Price, City Clerk
APPROVED AS TO FORM:
/ F se ity Attorney
Vice Mayor Marx and
Ordinance No. 1409 (2002 Series)
GPA/TA/ER 12 -01
Page 3
EXHIBIT A
zoning text amendment
to allow telecommunication facilities in additional commercial zones
GPA/TA/ER 12 -01
Footnote 20 — Allowed subject to compliance with development standards stipulated in Section
17.16.120. In Open Space and Agriculture zones, allowed if also consistent with Land Use
Element Policy 6.1.2 and 6.2.2 and Open Space and Circulation Element policies regarding
resource protection of hills and mountains and scenic resources. In order to approve a use permit
for wireless telecommunication facilities in the Office zone, the hearing body must find that the
project site is in a predominantly non - residential area.
Section 17.16.120 Wireless telecommunication facilities.
A. Purpose.
To establish standards for the development, siting and installation of wireless
telecommunications facilities; to protect and promote public health, safety, and welfare; and to
preserve view corridors and avoiding adverse visual and environmental impacts. These
standards are not intended to be all- inclusive. Projects may be subject to additional standards
deemed appropriate through architectural review and use permit processing to address site -
specific conditions.
Ordinance No. 1409 (2002 Series)
GPA/TA/ER 12 -01
Page 4
B. Definitions.
1. Wireless telecommunications facilities consist of commercial wireless communications
systems, including but not limited to: cellular, PCS, paging, broadband, data transfer, and any
other type of technology that fosters wireless communication through the use of portable
electronic devices. A facility includes all supporting structures and associated equipment.
2. Co- location is the practice of two or more wireless telecommunication service providers
sharing one support structure or building for the location of their antennas and equipment.
3. Stealthing means improvements or treatments added to a wireless telecommunications facility
which mask or blend the proposed facility into the existing structure or visual backdrop in such a
manner as to render it effectively unnoticeable to the casual observer.
C. Exempt facilities.
The following wireless telecommunication facilities are exempt from the requirements of this
section:
1. Government -owned communications facilities used primarily to protect public health,
welfare, and safety.
2. Facilities operated by providers of emergency medical services, including hospital,
ambulance, and medical air transportation services, for use in the provision of those services.
3. Satellite dish antennas for residential and commercial use, solely for the use of the occupants
of the site, subject to compliance with development standards set forth in Section 17.16.100 et al
of the zoning ordinance.
4. Any facility specifically exempted under federal or state law.
D. Applications and approvals required.
Installation of a new wireless telecommunication or modification of an existing installation shall
require use permit approval and architectural review. The applicant shall submit application
materials and fees as required by the Community Development Department.
E. Building permit required.
Wireless communications facilities shall not be constructed, installed or modified prior to
obtaining a City building permit.
F. Site development and performance standards.
1. Setbacks. All facility towers and accessory structures shall comply with the setback
requirements of the applicable zoning district.
Ordinance No. 1409 (2002 Series)
GPA/TA/ER 12 -01
Page 5
2. Height. The height of any antenna or support equipment shall be determined as part of the
use permit on a case by case basis. All facilities shall be designed to the minimum necessary
functional height.
3. Site Access. Telecommunication facilities should use existing roads and parking whenever
possible. New and existing access roads and parking shall be improved and surfaced where
necessary to the satisfaction of the Community Development Director.
4. Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual
impact to the greatest extent possible by means of placement, screening and camouflage. The
applicant shall use the smallest and least visible antennas possible to accomplish the coverage
objectives. Each installation shall be designed to blend into its surroundings so that the
antenna(s) and equipment are not apparent to the casual observer.
a. Building mounted facilities shall appear as an integral part of the structure. Equipment and
antennas shall be compatible and in scale with existing architectural elements, building materials
and site characteristics. Wall mounted antennas shall be integrated architecturally with the style
and character of the structure. If possible, antennas and equipment shall be located entirely
within an existing or newly created architectural feature so as to be effectively unnoticeable.
b. Ground mounted support equipment shall be undergrounded or otherwise screened from view
so as to be effectively unnoticeable.
c. All connections and conduits between the base of the antenna(s) and support equipment shall
be undergrounded: Connections and conduit above ground shall be fully enclosed to the
satisfaction of the Community Development Director. Electrical and telephone service to the
support equipment shall be undergrounded.
d. Ground mounted antennas, poles, structures, equipment, or other parts of a
telecommunications facility which would extend above a ridgeline so as to silhouette against the
sky shall be discouraged. Where allowed, they shall be designed to be indistinguishable from the
natural surroundings.
5. Lighting. All telecommunication facilities, not otherwise required to have lighting pursuant
to Federal Aviation Administration rules, shall be unlit, except when authorized personnel are
actually present at night, and except for exempt facilities.
6. Historic Buildings. Any wireless facility located on or adjacent to a historic building or site
shall be designed to ensure consistency with the Secretary of Interior standards for remodeling
and rehabilitation.
7. Equipment Upgrades. It shall be the responsibility of the owner /operator of a
telecommunications facility to provide the City with a notice of intent to modify site equipment
in any way. At the time of modification, co- location, or upgrade of facilities, existing equipment
shall be replaced with equipment of equal or greater technical capacity and modified to reduce
aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to
the satisfaction of the Community Development Director. Unused or obsolete equipment or
towers shall be removed from the site within 90 days after their use has ceased.
Ordinance No. 1409 (2002 Series)
GPA/TA/ER 12 -01
Page 6
8. Number of facilities per site. The City shall retain the authority to limit the number of
antennas with related equipment and providers to be located at any site and adjacent sites in
order to prevent negative visual impacts associated with multiple facilities.
9. Noise. Each facility shall be operated in a manner that minimizes any possible disruption
caused by noise to people working and living in the vicinity. At no time shall equipment noise
from any source exceed an exterior noise level of 55 dB at the property line or within 20 feet of
such equipment, whichever is less. This requirement may be modified at the discretion of the
Community Development Director where typical ambient noise levels exceed 55 dB. Outdoor
noise producing construction activities shall take place only on weekdays between the hours of
8:00 am and 5:00 pm unless a different schedule is approved as part of the use permit.
10. Backup Generators. Any facility utilizing temporary backup generators shall be required to
meet or exceed Air Pollution Control District Standards. All generators shall be fitted with
approved air pollution control devices. Projects that propose to include backup generators shall
require review and approval from the Air Pollution Control district. Project plans shall indicate
location, size, horsepower, and type of fuel used for any proposed generator. 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 8:00 am and 5:00 pm.
11. Biological Impacts. Wireless telecommunication facility shall minimize potential impacts to
biological resources to the greatest extent possible.
12. Radio Interference. Interference with municipal radio communication is prohibited. Any
telecommunication facility that the City has reason to believe is interfering with municipal radio
communication shall cease operation immediately upon notice from the City, and shall be subject
to use permit review and possible revocation. Testing shall be done prior to any permanent
installation and frequencies shall be monitored at regular intervals after installation established
by the use permit, at the expense of the facility owner /operator.
13. Airport Operations. Wireless communications facilities shall not be sited in locations where
they will interfere with the operation of the San Luis Obispo Airport. Wireless towers and
related facilities within the Airport Planning Area shall be referred to the Airport Manager or the
Airport Land Use Commission for a determination of consistency with airport area standards.
14. Radio Frequency and Electromagnetic Exposure.
a. Wireless telecommunications facilities operating alone or in conjunction with other
telecommunications facilities shall not produce radio frequency radiation in excess of the
standards for permissible human exposure as adopted by the Federal Communications
Commission (FCC). Applications for facilities shall include a radio frequency radiation (RFR)
report that measures the predicted levels of RF radiation emitted by the proposed facility. The
radio frequency radiation report shall compare proposed project levels to levels allowed by the
FCC and shall show output of the proposed facility in combination with other facilities located or
proposed in the vicinity.
Ordinance No. 1409 (2002 Series)
GPA/TA/ER 12 -01
Page 7
b. The City may require one or more post- construction RFR reports as a condition of project
approval, to verify that the actual levels of RFR emitted by the approved facilities, operating
alone or in combination with other approved facilities, substantially conform to the pre- approval
RFR report and do not exceed current standards for permissible human exposure to RFR as
adopted by the FCC.
15. Signs. Explanatory warning signs shall be posted at all access points to cellular
telecommunication facilities in compliance with the American National Standards Institute
(ANSI) C95.2 color, symbol, and content conventions.
16. Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance
shall be operated or performed in such a manner that no nuisance results. At the discretion of the
Director, upon receipt of written complaints, the use permit allowing a telecommunications
facility may be scheduled for public review. At the hearing, conditions of approval may be
added, deleted, or modified, or the use permit may be revoked.
17. Interference with Public Services and Facilities. Telecommunication facilities within public
parks shall not interfere with park operations or limit public use of park facilities. Installations in
conjunction with other public facilities shall be held to a similar standard.
18. City inspection. The City shall have the right to access facilities after 24 hours written or
verbal notice.
G. Abandonment.
It shall be the responsibility of the owner /operator of a telecommunications facility to provide the
City with a notice of intent to vacate the site a minimum of thirty (30) days prior to ceasing
operation. Any wireless telecommunication facility that is not operated for a continuous period
of ninety (90) days shall be removed within ninety (90) days of the date upon which the
operation ceased.
H. Revocation of a Permit.
Wireless telecommunication service providers shall fully comply with all conditions related to
any permit or approval granted under this section. Failure to comply with any condition shall
constitute grounds for revocation. If a condition is not remedied within a reasonable period, the
Community Development Director may schedule a public hearing before the Planning
Commission to consider revocation of the permit.
Ordinance No. 1409 (2002 Series)
GPA/TA/ER 12 -01
Page 8
EXHIBIT B
GPA /TA/ER 12 -01
REQUIRED MITIGATION AND MONITORING PROGRAM
Aesthetics
Any general plan or zoning amendment for this project shall include provisions to ensure
adequate review of telecommunication installations and shall establish performance standards for
avoiding adverse visual impacts. Each installation should be designed to completely blend into
its surroundings so that the antenna(s) and equipment are not readily apparent. Proposed
installations which do not meet this criteria should be denied.
Air Quality
The City shall require information regarding use of generators as part of an application checklist
for telecommunication projects.
Any amendment to the zoning regulations for this project shall establish development standards
for telecommunication projects to ensure compliance with Air Pollution Control District
requirements.
Biological Resources
Any amendment to the zoning regulations for this project shall include performance standards to
ensure there will be no significant adverse impact on biological and botanical resources.
Cultural Resources
Where a project may affect a historic resource, the City shall require a cultural resources survey
consistent with adopted City guidelines for historical and archaeological preservation as part of
an application.
Any general plan or zoning amendment for this project shall include provisions to ensure that
telecommunications installations will not have an adverse impact on cultural resources, and to
ensure that any alteration to historic structures will be consistent with the Secretary of Interior
standards. Proposed installations for which this finding cannot be made should be denied.
Hazards
The general plan and zoning amendment shall include provisions to ensure against interference
with municipal radio operations and emergency broadcasting.
Any zoning text amendment for this project shall include performance standards requiring that
explanatory warning signs be posted at all access points to cellular telecommunication facilities
Ordinance No. 1409 (2002 Series)
GPA/TA/ER 12 -01
Page 9
in compliance with the American national Standards Institute (ANSI) C95.2 color, symbol, and
content conventions.
Any zoning text amendment for this project shall include performance standards requiring
cellular telecommunications facilities to meet FFC standards for maximum radio frequency and
electromagnetic exposure at all times while in operation.
Noise
The City shall require information regarding use of generators as part of an application checklist
for telecommunication projects.
Any amendment to the zoning regulations for this project shall establish development standards
for telecommunication projects to ensure compliance with Air Pollution Control District
requirements.
Public Services
Any zoning text amendment for this project shall include performance standards to ensure that
unmanned telecommunication facilities within public parks do not interfere with park operations
or limit public use of park facilities.
Monitoring Program: Planning Commission and City Council review, and preparation of
application checklist by Community Development Department staff.
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