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HomeMy WebLinkAbout03/19/2002, PH 7 - CLARIFICATION OF COUNCIL ACTION REGARDING A ZONING TEXT AMENDMENT TO ALLOW WIRELESS TELECOMMUN ICAT 2 coCunhcat n(� »t /�� ac,EnVN ze .pont kmN®6v n� I CITY OF SAN LUIS OBI SPO /— FROM: John Mandeville, Community Development Directo Prepared By: Whitney McIlvaine,Associate Planner SUBJECT: CLARIFICATION OF COUNCIL ACTION REGARDING A ZONING TEXT AMENDMENT TO ALLOW WIRELESS TELECOMMUN ICATION FACILITIES IN ADDITIONAL COMMERCIAL ZONING DISTRICTS. (GPA/TA 12-01) SPRINT PCS,APPLICANT CAO RECOMMENDATION As recommended by the Planning Commission, introduce on first reading an ordinance approving a mitigated negative declaration, finding that a general plan amendment is not necessary, and approving a zoning text amendment to allow wireless telecommunication facilities in certain additional commercial zones, subject to specific development standards. DISCUSSION Situation On March 5, 2002, the Council received a report regarding an amendment to the zoning regulations which would expand the areas of the city in which telecommunication facilities could locate and stipulate development standards for such facilities. On a vote of 4 to 0 (Councilman Ewan absent) the Council recommended approval, but because of an inadvertent error in crafting the CAO recommendation, the Council needs to formally introduce the ordinance to ensure proper adoption. The public hearing was properly noticed, so the only needed correction is to clarify that the Council's adoption of the zoning text amendment is by ordinance rather than resolution. The CAO recommendation has been changed as follows to clarify that the amendment is effected by ordinance and not by resolution. The attached ordinance is the same ordinance that was attached to the March 5 Council report. The Council did not change any of the ordinance language. As recommended by the Planning Commission, adopt a-r-esslutie�r 'ntroduce b� ifirst reading:ari'ordinanc approving a mitigated negative declaration, fending that a general plan amendment is not necessary, and approving a zoning text amendment to allow wireless telecommunication facilities in certain additional commercial zones, subject to specific development standards. Attachment: Draft zoning text amendment ordinance 7r � ORDINANCE 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. 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 zones, in addition to zones where such facilities are already conditionally allowed, and to establish certain site development standards. Ordinance No. 1409 (2002 S ) GPA/rA/ER 12-01 Page 2 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 51h day of March, 2002, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2002, on the following roll call vote: AYES: NOES: ABSENT: Allen K. Settle, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: IffiVyFG. J./rgenf, Ci Attorney Ordinance No. 1409 (2005, ies) GPA/rA/ER 12-01 - Page 3 EXHIBIT A zoning text amendment to allow telecommunication facilities in additional commercial zones GPAaA/ER 12-01 Table 9-Uses R-1 R-2 R-3 R-4 AG C/OS O" PF C-N C-C C-R C-T C-S M Allowed by Zone EXISTING: PC Polo PC D D Antennas (municipal, commercial,and public utility broadcasting and wireless telecommunications) PROPOSED: PC20 'PCZO PCZ oe PCM PCZO PCZO DZ0 CP u . Antennas ,(municipal, commercial,and public utility broadcasting and wireless telecommunications) 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 (20C :ies) GPArrA/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. -5 Ordinance No. 1409 (200, ies) 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. 7- 6 Ordinance No. 1409 (200. ies) GPArrA/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. 7- '7 Ordinance No. 1409 (2000, ies) \' 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 (20d, ies) GPA/FA/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 Ouality 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 (2061' Jes) GPA/rA/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. 7'-rc iMNAGENDA `M, Innovative ham°ascng ideas ITiTEM # �om� ^ a, Existing housThe Freeway lid m • , . �� One group in Cal Poly's Implementing sustainable Principles class proposed building subdivisions on a-lid over Highway 101" New housing 1< Homes and parks would occupy the open air level of the over freeway 't F q _ freeway's corridor and reconnect the existing neighborhood s- t grid while the traffic flowed in a tunnel underneath. Existing housing Cal Poly campus „ California Blvd. �,. AL Il �s l US Highway 101 ?' OBISPO Park / f hk '�r��• Housing �. , . SOURCE:Cal Polys ftlrementhg Sustainable Principles class FD r %MTHE of �- -� �� � �-1 _ i i ` � 13 NGS} 6'CDD DIR �� ❑ FIN DIR I ❑ FIRE CHIEF ❑ PW DIR fE03 DEP R S IG d POLICE IR CHIF SAN Luis OsISPO THE PONTE VECCHIO OVER CI UTI6 DIR BY SILAS LYONS ❑ HR DIR THE TRIBUNE APARTMENTS BUILT ABOVE CLASSROOMS? COULD ONE ere's an idea for buildingnew housing OF THESE BRAINSTORMS SOLVE SLO'S HOUSING CRISIS? in * s Obispo: Put a lid”over a to students from various disci- stretch of Highway Alines within the College ofArchi- growth rate,water(shortage),no. 101 and cover n with subdivisions. tecture and Environmental De- growth people,here's a chal- ZhaYs abrainstorm from Cal lenge,"he said. Poly students in the university s sign,ended last week with a "Figure this out.How do you ac- Implementing Sustainable Princi gallery style presentation by the commodate new housing San Pies class.That and a lot more. eight groups of five students each. Luis Obispo?" m Another concept is to stretch aThe class ely,said Jonathan s task was straightfor- ward and tiIn one proposal,Cal Poly's new bridge across Highway 1 that Reich,one m the four professors faculty housing project at the cor- could contain faculty apartments. who taught it. He got the idea af- ner Of Highland Drive and High- In yet another,housing units tertoreadingway 1 would get 347 units— could be built above existing uni- to Deceer story the e Tribune de- more than twice what the universi- versity classrooms and students mane that San lout Obispo Coun- ty has proposed. could move back onto the campus m plan for more housing. beBett r et,four of those would from neighborhoods in town, apartments on a bridge The upper division class,open San Luis all the Obispo has about why percent Please see MOUSING,Back Page W Ul1C u Uly UULJ-1l UVILS J �housing approach,a group of students (� om Page Al came up with n new ways that San Luis, ,spo could re- across the highway. The sd ward developers for building Gents who conceived that ide, more densely. used the Ponte Vecchio bridge The class was a collabora- in Florence, Italy, as inspira tion of Reich and fellow pro- tion. fessors.Brian Kesner, Walt The group doesn't believ Tryon and Paul Wack its proposal is unrealistic,said The students were chal- Brie Holan,a city and regional lenged to apply principles of planning major. the sustainability movement to "I interned(at Caltrans)and the city's housing shortage. , pitched it to one of their envi- "There is a deadly static or- ronmental planners,"she said. thodoxy about the way things "They laughed." have been done, and the way Two groups proposed rede- things should be done,"Reich ve m the,. fivers told the students."You're ques- =Sq .so hopp�ncen r tinning that" where ttie New Frontiers ural foods store is located. Both envisioned building houses above the stores and designing them to preserve natural resources. An "urban Cal Poly"would get students out of neighbor- hoods and closer to the cam- pus core, another group sug- gested. Under that proposal, modular units would become second and third stories above existing classroom buildings, and the university would ditch its prohibition against alcohol sales on cam- pus. Several 'l interned Of the groups (at Caltrans), went for and pitched; ideas that wouldn't re- It to one quire such of their a radical shift in environ- thinking. mental • SOHI, a planners. proposal to redevelop a They slice of land laughed: by the in- tersection Brie Holan, of Pacific Cal Poly city and and regional Higuera planning major, streets, would keep some of the industrial feel,but add housing,retail and spaces where people like artists could both live and work. Alex McDonald, whose group proposed building new housing units on top of down- town stores, said photos from downtown plainly show that some buildings could be taller without harming the am- biance. "Just one story,two.stories, and you've tripled,the.real es- tate,"he said.