MEMORANDUM. TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR

Transcription

1 MEMORANDUM TO: FROM: BY: CITY COUNCIL TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT ; AN ORDINANCE TO AMEND REGULATIONS REGARDING SMALL CELL TELECOMMUNICATION FACILITIES AND A RESOLUTION APPROVING AMENDMENTS TO THE CITY S TELECOMMUNICATION SITING AND SUBMITTAL REQUIREMENTS; LOCATION CITYWIDE; APPLICANT VERIZON WIRELESS DATE: APRIL 25, 2017 RECOMMENDATION: It is recommended that the City Council: 1) Introduce an Ordinance amending Arroyo Grande Municipal Code (AGMC) Section (C), Table (A) and Table A relating to small cell telecommunication facilities; and 2) Adopt a Resolution approving amendments to the City s Telecommunication Facilities Siting and Permit Submittal Requirements. FINANCIAL IMPACT: There is no identified direct impact to financial and personnel resources. This item is not identified in the City s Critical Needs Action Plan. BACKGROUND: The first generation of cell phones began in the 1980 s, which included large phones with limited ability to make and receive phone calls. This was followed in the 1990 s by second and third generation phones that were made smaller in size while expanding capabilities including texting, internet access, and Global Positioning System (GPS) navigation on a digital network. During this time, providers began to rapidly expand their network infrastructure. The idea of co-locating was not developed yet, with each telecom carrier establishing their own towers and antennas. As a result of this inundation of new technology combined with concerns regarding visual and other potentially adverse impacts, many local jurisdictions reacted by prohibiting these facilities. In response to this reaction, Section 704 of the Telecommunications Act of 1996 (TCA) was adopted which preserved local zoning authority while imposing the following limitations for local government: Item 10.a. - Page 1

2 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT APRIL 25, 2017 PAGE 2 1. Local agencies shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting service. 2. Local agencies must act on a request within reasonable period of time. This was further defined in 2009 by the shot clock ruling which requires localities to act upon most wireless applications within 90 days for co-locations and 150 days for new towers. 3. Any decision to deny must be in writing and supported by substantial evidence. 4. All sites must conform to all published Federal Code and Practices concerning radio frequency (RF) emissions. The Federal Communication Commission (FCC) is the federal agency charged with creating rules and policies under the TCA and other telecommunications laws. The FCC also manages and licenses commercial users (cell providers, telecommunications wholesalers and tower companies), as well as non-commercial users (e.g. local governments). As a result, both the TCA and FCC rulings impact interactions between the cell industry and local government. The significant changes in the wireless industry and related shared wireless infrastructures, combined with consumer demand for fast and reliable service on mobile devices, have created pressure for large and small cell site development in most cities, including Arroyo Grande. In 2000, the City began actively planning for wireless telecommunication facilities mainly due to the influx of land use applications to construct these facilities. In 2001, the City Council adopted Resolution No approving the Telecommunication Siting and Submittal Requirements, which address concerns regarding the visual impact of wireless infrastructure, radio frequency (RF) exposure, site capacity, and other issues (see Attachment 1 for Resolution). To date, the City has approved twelve (12) wireless telecommunication facilities that are in operation, mostly located on City-owned property. There are also three (3) wireless telecommunication facilities that have received land use entitlements with pending lease agreements, and one application for a facility located on private property in the Fair Oaks Mixed Use (FOMU) zoning district that has not been deemed complete (see Attachment 2 for a summary table of wireless telecommunication facilities within the City). On December 20, 2016 the Planning Commission adopted a Resolution recommending that the City Council adopt an Ordinance approving the proposed Development Code Amendment with an amendment to require the Historical Resources Committee (HRC) to review all small cell telecommunication facilities proposed in the Village Core Downtown (VCD) district that are visible to the public (see Attachment 3 for Planning Commission meeting minutes). This amendment has been made to the proposed Ordinance. Item 10.a. - Page 2

3 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT APRIL 25, 2017 PAGE 3 ANALYSIS OF ISSUES: Verizon Wireless is requesting that the City amend the Development Code to allow small cell telecommunication facilities in the Village Core Downtown (VCD) zoning district. The purpose of this request is to offload some the capacity issues that telecommunication carriers are having with heavy data traffic, especially within the village core area. Most carriers have located their facilities on City-owned properties (typically at water tank sites), which are at higher elevations and relatively far from the village core vicinity. The term small cell refers to wireless telecommunication facilities that are limited in size and used to provide targeted capacity or greater service coverage to weak areas. Small cell facilities can consist of one or more radio transceivers, antennas, coaxial cable, power supply, and other associated electronics. They are generally made up of an equipment enclosure and antenna, and are usually attached to an existing structure. The public benefit of these facilities includes improved (faster) cell service and reduced visual impacts because of the smaller stealth equipment that can be hidden from public view. For example, the small size of the antennas allow them to be placed behind a parapet or camouflaged in other ways such as on a flag pole, street light, sign, etc. The associated ground equipment is typically screened from public view as well. Currently, the Development Code allows telecommunication facilities in the Public Facility (PF) zoning district with a Conditional Use Permit (CUP), and all commercial zoning districts except VCD with either a CUP or a Minor Use Permit (MUP). These facilities are not permitted in any residential district. The Development Code does not define the term small cell telecommunication facilities, nor is this term listed in the allowable use table. The broader term telecommunication facilities is likewise not defined in the Development Code. The proposed amendments to the Development Code would provide definitions for both wireless telecommunication facilities and small cell telecommunication facilities, modify Table (A) to add small cell telecommunication facilities to the list of allowed land uses and permit requirements within commercial districts, and modify Table A to add wireless telecommunication facilities and small cell telecommunication facilities to the list of allowed land uses and permit requirements within the Public/Quasi-Public District, and more clearly specify these uses in the PF zoning district. The proposed definitions are as follows: Definitions. Small cell telecommunication facility means an unmanned facility, excluding a satellite television dish antenna, established for the purpose of providing wireless voice, data and/or image transmission within a designated service area. A small cell telecommunications facility and may consist of one or more radio receivers, antennas, interconnecting cables, power supply, other associated electronics, and accessory Item 10.a. - Page 3

4 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT APRIL 25, 2017 PAGE 4 equipment. Small cell telecommunication antennas may be installed on existing rooftops, buildings, utility poles, light standards, or support structures where permitted in accordance with the City s Telecommunication Facilities Siting and Permit Submittal Requirements, as adopted by resolution of the City Council. Related telecommunication equipment may be located within a building, an equipment cabinet outside a building, or an equipment room within a building. Small cell antennas shall have a maximum length of two (2) feet and a maximum volume of six (6) cubic feet. All related small cell telecommunication equipment shall be concealed from public view. Wireless Telecommunication facility means any unmanned exterior facility, including an antenna, antenna array or other communications equipment, excluding a satellite television dish antenna, established for the purpose of providing wireless voice, data and image transmission within a designated service area and which includes equipment consisting of personal wireless services, as defined in the Federal Telecommunications Act of Wireless telecommunication equipment and network components may include towers, utility poles, transmitters, base stations and emergency power systems. Antennas may be mounted to a building, a building rooftop or a freestanding pole in accordance with the City s Telecommunication Facilities Siting and Permit Submittal Requirements, as adopted by resolution of the City Council. Equipment may be located within a building, an equipment cabinet, or an equipment room within a building. Small cell telecommunication facilities are defined separately. Below are the proposed modifications to allow small cell telecommunication facilities in commercial zoning districts, and to require all wireless telecommunication facilities to be subject to the City s Telecommunication Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution. These requirements have been updated to include specific information regarding small cells, and are included as Exhibit A of the attached Resolution. Development Code Table (A) Uses Permitted Within Mixed Use and Commercial Districts Allowed Land Uses and Permit Requirements LAND USE IMU TMU D VCD HCO D-2.4 VMU D HCO D- 2.4 GMU FOMU HMU OMU D B. SERVICES - GENERAL Small Cell Telecommunication facilities (commercial) RC Specific Use Standards and other references MUP MUP CUP 4 CUP MUP MUP MUP MUP MUP Subject to the Telecommunication Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution Item 10.a. - Page 4

5 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT APRIL 25, 2017 PAGE 5 Allowed Land Uses and Permit Requirements LAND USE Wireless Telecommunication facilities (commercial) IMU TMU D VCD HCO D-2.4 VMU D HCO D- 2.4 GMU FOMU HMU OMU D RC Specific Use Standards and other references CUP MUP NP CUP CUP CUP MUP CUP CUP Subject to the Telecommunication Facilities Siting and Permit Submittal Requirements 4 The Historic Resources Committee shall review applications for small cell telecommunication facilities that are proposed in the Village Core Downtown district and are publically visible. The purpose of requiring a CUP and not an MUP for small cell facilities in the Village Mixed Use (VMU) and VCD zoning districts is primarily because these districts are also within the Historic Character Overlay District (Design Overlay District 2.4). The CUP process provides the means to evaluate any potentially significant visual or historic impacts that might occur with the installation of these facilities on structures determined to be locally historic or contribute to the historic significance of the village core historic district. It also requires a public hearing, and therefore allows public input on any given proposal. Currently, the uses listed in the PF zoning district do not specifically address telecommunication facilities and instead lists public utilities and public service substations, reservoirs, pumping plants and similar installations not including public utility offices as a similar use allowable with a CUP. As shown in the table below, the proposed Development Code Amendment would list both small cell telecommunication facilities and the larger telecommunication facilities as a MUP and CUP, respectively, subject to the Telecommunication Facilities Siting and Permit Submittal Requirements. Development Code Table A Uses Permitted Within Public/Quasi-Public District Use PF A. Public/Quasi-Public Uses 15. Small Cell Telecommunication facilities (commercial) MUP (subject to the Telecommunication Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution) Item 10.a. - Page 5

6 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT APRIL 25, 2017 PAGE 6 Use 16. Wireless Telecommunication facilities (commercial) PF CUP (subject to the Telecommunication Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution) As mentioned above, the primary changes made to the Telecommunication Facilities Siting and Permit Submittal Requirements are to include information about small cells. This includes provisions relating to small cell facilities in the public right-of-way, which would be approved through the encroachment permit process. Other changes have been made to include requirements that have more recently been included as special conditions of approval for telecommunication projects, such as magnetic attachment systems where appropriate, zero interference with City communication systems, and specific requirements for facilities in the public right of way. ALTERNATIVES: The following alternatives are provided for Council s consideration: 1. Introduce the attached Ordinance amending AGMC Section (C), Table (A) and Table A relating to small cell telecommunication facilities, and a Resolution amending the City s Telecommunication Facilities Siting and Permit Submittal Requirements; 2. Modify and introduce the attached Ordinance amending Arroyo Grande Municipal Code Section (C), Table (A) and Table A relating to small cell telecommunication facilities, and a Resolution amending the City s Telecommunication Facilities Siting and Permit Submittal Requirements; 3. Do not introduce the attached Ordinance and deny the project supported by specific findings and direct staff to return with an appropriate Resolution; or 4. Provide other direction to staff. ADVANTAGES: Adoption of an ordinance to allow small cell telecommunication facilities in the VCD zoning district will enable telecommunication carriers to increase capacity for their networks, thereby providing improved service to existing customers and the ability to meet future demand. The proposed permitting process allows an opportunity for a public hearing to consider the potential visual and historic impacts of proposals. The amended Telecommunication Siting and Submittal Requirements include stipulations specific to small cell technology and sanction requirements usually included as special conditions of approval for new telecommunication facilities. Item 10.a. - Page 6

7 CITY COUNCIL CONSIDERATION OF DEVELOPMENT CODE AMENDMENT APRIL 25, 2017 PAGE 7 DISADVANTAGES: Implementation of an ordinance allowing small cell telecommunication facilities in the VCD zoning district could create unintended visual impacts, such as higher parapets to hide equipment. An ordinance adding a new Chapter to the AGMC regarding telecommunication facilities would be superior to having the standalone Telecommunication Siting and Submittal Requirements. However, that is a larger effort that would take a great deal more staff time, and thus far has not been considered a priority. ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act (CEQA), it has been determined that the proposed ordinance is categorically exempt per Section of the CEQA Guidelines regarding construction or placement of minor structures accessory to existing facilities. PUBLIC NOTIFICATION: A notice of public hearing was published in The Tribune on Friday, April 14, The Agenda was posted at City Hall and on the City s website in accordance with Government Code Section Attachments: 1. City Council Resolution No approving Telecommunication Siting and Submittal Requirements 2. Summary table of telecommunication facilities within the City 3. Planning Commission Meeting Minutes of December 20, 2016 Item 10.a. - Page 7

8 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION (C), TABLE (A) AND TABLE A OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO SMALL CELL TELECOMMUNICATION FACILITIES WHEREAS, the Telecommunications Act of 1996 was the first comprehensive rewrite of the Communications Act of 1934 (the Act ) and dramatically changed the rules for competition and regulation in most all sectors of the communications industry; and WHEREAS, technology has changed rapidly since adoption of the Act, including the advent of small cell telecommunication facilities, which allow for capacity building for carriers using smaller scale infrastructure; and WHEREAS, in 2001 the City Council adopted Resolution No approving Telecommunication Facilities Siting and Permit Submittal Requirements; and WHEREAS, the purpose of this Ordinance is to amend the City s Municipal Code to define and allow small cell telecommunication facilities in all commercial districts subject to the Telecommunication Facilities Siting and Permit Submittal Requirements; and WHEREAS, on December 20, 2016, the Planning Commission held a duly noticed public hearing and recommended the City Council introduce an Ordinance amending the City s Municipal Code regarding small cell telecommunication facilities; and WHEREAS, it has been determined that the proposed revisions to Title 16 are exempt per Section of the California Environmental Quality Act (CEQA) Guidelines regarding construction or placement of minor structures accessory to existing facilities; and WHEREAS, the City Council has held a duly noticed public hearing on April 25, 2017 and, after consideration of all testimony and all relevant evidence, has determined that the following Development Code Amendment findings can be made in the affirmative manner: A. The proposed revisions to Title 16 is consistent with the goals, objectives, policies and implementation measures of the General Plan, particularly the Land Use Element, and is therefore desirable to implement the provisions of the General Plan. Item 10.a. - Page 8

9 ORDINANCE NO. PAGE 2 The proposed Development Code Amendment is consistent with the General Plan by providing improved cell service for current and future residents of the City while protecting the visual character of the community. All proposals to install telecommunication infrastructure are subject to the City s Telecommunication Siting and Submittal Requirements, and require discretionary land use permit approval. B. The proposed revisions to Title 16 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. The proposed Development Code Amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern because the City s Telecommunication Siting and Submittal Requirements provide stipulations to balance the needs of wireless communication providers, the regulatory functions of the City, the rights guaranteed by the federal government, and the potential impacts upon the community and neighboring property owners in the design and siting of telecommunication facilities. C. The proposed revisions to Title 16 are consistent with the purpose and intent of Title 16. The proposed Development Code Amendment is consistent with the purpose and intent of Title 16 because the revisions being made assist the City with meeting the future growth and demand for telecommunication services which provides social and economic advantages, and provide regulations to protect the aesthetic character of the community. The revisions also protect the health and safety of residents by requiring a radio frequency emissions report certified by a qualified radio frequency professional demonstrating compliance with Federal Communications Commission guidelines. D. The potential environmental impacts of the proposed revisions to Title 16 are insignificant, or there are overriding considerations that outweigh the potential impacts. The proposed Development Code Amendment is categorically exempt from environmental review by Section of the California Environmental Quality Act (CEQA) Guidelines regarding construction or placement of minor structures accessory to existing facilities. Item 10.a. - Page 9

10 ORDINANCE NO. PAGE 3 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. The above recitals and findings are true and correct and are incorporated herein by this reference. SECTION 2. Section (C) of the Arroyo Grande Municipal Code is hereby amended to add the following definitions: Definitions. Small cell telecommunication facility means an unmanned facility, excluding a satellite television dish antenna, established for the purpose of providing wireless voice, data and/or image transmission within a designated service area. A small cell telecommunications facility and may consist of one or more radio receivers, antennas, interconnecting cables, power supply, other associated electronics, and accessory equipment. Small cell telecommunication antennas may be installed on existing rooftops, buildings, utility poles, light standards, or support structures where permitted in accordance with the City s Telecommunication Facilities Siting and Permit Submittal Requirements, as adopted by resolution of the City Council. Related telecommunication equipment may be located within a building, an equipment cabinet outside a building, or an equipment room within a building. Small cell antennas shall have a maximum length of two (2) feet and a maximum volume of six (6) cubic feet. All related small cell telecommunication equipment shall be concealed from public view. Wireless Telecommunication facility means any unmanned exterior facility, including an antenna, antenna array or other communications equipment, excluding a satellite television dish antenna, established for the purpose of providing wireless voice, data and image transmission within a designated service area and which includes equipment consisting of personal wireless services, as defined in the Federal Telecommunications Act of Wireless telecommunication equipment and network components may include towers, utility poles, transmitters, base stations and emergency power systems. Antennas may be mounted to a building, a building rooftop or a freestanding pole in accordance with the City s Telecommunication Facilities Siting and Permit Submittal Requirements, as adopted by resolution of the City Council. Equipment may be located within a building, an equipment cabinet, or an equipment room within a building. Small cell telecommunication facilities are defined separately. SECTION 3. Table (A) of the Arroyo Grande Municipal Code is hereby amended to add the following to Section B. (Services General): Item 10.a. - Page 10

11 ORDINANCE NO. PAGE 4 Development Code Table (A) Uses Permitted Within Mixed Use and Commercial Districts Allowed Land Uses and Permit Requirements LAND USE Small Cell Telecommunication facilities (commercial) IMU TMU D-2.11 VCD HCO D-2.4 VMU D HCO D-2.4 GMU FOMU HMU OMU D RC Specific Use Standards and other references MUP MUP CUP 4 CUP MUP MUP MUP MUP MUP Subject to the Telecommunicatio n Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution Telecommunication facilities (commercial) CUP MUP NP CUP CUP CUP MUP CUP CUP Subject to the Telecommunicatio n Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution 4 The Historic Resources Committee shall review applications for small cell telecommunication facilities that are proposed in the Village Core Downtown district and are publically visible. SECTION 4. Table (A) of the Arroyo Grande Municipal Code is hereby amended to add the following permitted uses within the Public/Quasi-Public District: Development Code Table A Uses Permitted Within Public/Quasi-Public District Use A. Public/Quasi-Public Uses 15. Small Cell Telecommunication facilities (commercial) 16. Telecommunication facilities (commercial) PF MUP (subject to the Telecommunication Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution) CUP (subject to the Telecommunication Facilities Siting and Permit Submittal Requirements as adopted by City Council Resolution) Item 10.a. - Page 11

12 ORDINANCE NO. PAGE 5 SECTION 5. This ordinance is exempt from CEQA pursuant to CEQA Guidelines section regarding construction or placement of minor structures accessory to existing facilities. SECTION 6. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 7. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 8. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. On motion by Council Member, seconded by Council Member, and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of, Item 10.a. - Page 12

13 ORDINANCE NO. PAGE 6 JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: CITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY Item 10.a. - Page 13

14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDMENTS TO THE CITY S TELECOMMUNICATION FACILITIES SITING AND PERMIT SUBMITTAL REQUIREMENTS WHEREAS, on November 27, 2001 the City Council adopted Resolution No approving Telecommunication Facilities Siting and Permit Submittal Requirements (the Requirements ); and WHEREAS, telecommunication technology has changed rapidly since adoption of Resolution No. 3569, including the advent of small cell telecommunication facilities that allow for capacity building for telecommunication carriers using smaller scale infrastructure; and WHEREAS, the Planning Commission considered the revised Requirements at a duly noticed public hearing on December 20, 2016 and adopted a Resolution recommending that the City Council approve the revised Requirements; and WHEREAS, the City Council considered the revised Requirements at a duly noticed public hearing on April 25, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts the amended Telecommunication Siting and Submittal Requirements as set forth in Exhibit A, attached hereto and incorporated herein by this reference. On motion by Council Member, seconded by Council Member, and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this day of, Item 10.a. - Page 14

15 RESOLUTION NO. PAGE 2 JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ROBERT MCFALL, INTERIM CITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY Item 10.a. - Page 15

16 EXHIBIT A ADOPTED BY CITY COUNCIL 2017 TELECOMMUNICATION FACILITIES S ITING and PERMIT SUBMITTAL R EQUIREMENTS I. SITING REQUIREMENTS The following requirements are intended to assist telecommunication service providers and the community in understanding the City s standards and permit process for such facilities. The goal is to balance the needs of wireless communication providers, the regulatory functions of the City, the rights guaranteed by the federal government, and the potential impacts upon the community and neighboring property owners in the design and siting of telecommunication facilities. A. General Requirements: 1. Telecommunication facilities shall avoid any unreasonable interference with views from neighboring properties. 2. Telecommunication facilities shall not cause any interference with City communication systems. 3. No monopoles or towers shall be installed on top of an exposed ridgeline or prominent slope when alternative sites are available. 4. Telecommunication facilities shall be painted color(s) that are most compatible with their surroundings. 5. Innovative design shall be used whenever the screening potential for the site is low. For example, designing structures that are compatible with surrounding architecture, or appear as a natural environmental feature, could help mitigate the visual impact of a facility Telecommunication Facilities Siting Requirements and Checklist Page 1 Item 10.a. - Page 16

17 6. Telecommunication facilities are allowed in all Mixed-Use and Public Facility zoning designations with either an approved Minor Use Permit or Conditional Use Permit. Telecommunication facilities are not allowed on any property with a Residential land use designation. An exception is to place concealed facilities on non-residential structures that are allowable in residential districts (such as within church steeples). 6. The City lists the placement of facilities in the following preferential order: a. Side-mount antenna on existing structures (buildings, water tanks, etc.) when integrated into the existing structure, completely hidden from public view or painted and blended to match existing structures; b. Within or on existing signs to be completely hidden from public view; c. Atop existing structures (buildings, water tanks, etc.) with appropriate visual/architectural screening to be completely hidden from public view, and with a magnetic attachment system where appropriate to reduce damage to existing structures; d. Alternative tower structures (or stealth structures), such as manmade trees, clock towers, flagpoles, steeples, false chimneys, etc., that camouflage or conceal the presence of antennas. e. Existing monopoles, existing electric transmission towers, and existing lattice towers; f. New locations. 7. The City encourages co-location of telecommunication facilities, but only if it results in a lesser visual impact. 8. Small Cell facilities shall be considered an accessory use in all zoning districts. B. Requirements for Building Mounted Antennas: 1. Building mounted antennas and all other equipment shall be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive. 2. Colors and materials shall match the existing building. 3. All equipment shall be screened from public view Telecommunication Facilities Siting Requirements and Checklist Page 2 Item 10.a. - Page 17

18 4. Building mounted antennas and all other equipment shall avoid any unreasonable interference with views from neighboring properties. C. Definition and Requirements for Small Cell Facilities: 1. A Small Cell Facility means a wireless telecommunication facility that may consist of one or more radio receivers, antennas, interconnecting cables, power supply, other associated electronics and accessory equipment, which are attached to a structure (see Section E below for requirements of small cell facilities located within the Public Right-of- Way). 2. Antennas shall not exceed an overall length of two feet (2 ) and shall be screened from view so as to not be visible to passerby on any public street. 3. Equipment cabinets shall be located as follows so as to not be visible to passerby on any public street: a. within interior building space; b. behind parapet walls; c. within an underground vault; or d. fully screened within a landscaped area. 4. Facilities shall not pose a safety hazard by its placement adjacent to sensitive land uses. 5. Small Cell Facilities proposed in the Village Core Downtown zoning district shall be reviewed by the Architectural Review Committee and the Historic Resources Committee. D. Requirements for Monopoles and Towers: 1. Standalone monopoles and towers may be considered only when the applicant reasonably demonstrates that the proposed facility cannot be placed on an existing building or structure. 2. Monopoles and towers shall be encouraged on properties zoned Public Facility over other zoning districts. 3. Substantial landscaping or other screening should be provided to visually buffer any adjoining residential uses from the potential visual impacts of the facility. Landscape screening should be designed to achieve its desired appearance in a reasonable period of time. 4. For monopoles or towers proposed within 300 feet of residentially zoned property, the facility should be set back at least 50 feet or the height of the facility, whichever is greater. Otherwise, the standard setback for the applicable zoning district shall apply Telecommunication Facilities Siting Requirements and Checklist Page 3 Item 10.a. - Page 18

19 E. Requirements for Small Cell Facilities in the Public Right-of-Way: 1. Facilities shall be designed and installed in compliance with all requirements of California Public Utilities Commission General Order 95, including all separation and climbing space requirements. 2. Facilities shall be installed and maintained in a manner that does not unreasonably impede public access and use of the right-of-way. 3. The design and location of ground-mounted facilities shall reasonably mitigate aesthetic impacts when feasible. Ground-mounted cabinets shall be painted a neutral color to match the surrounding environment or as directed by the Community Development Director. Droughtresistant landscaping, screening or undergrounding of facilities may be required when necessary to match similar existing treatments implemented for all other entities with facilities in the right-of-way. II. PERMIT SUBMITTAL REQUIREMENTS FOR CONDITIONAL USE PERMITS Any new telecommunication facility proposed within a zoning district of the City of Arroyo Grande is subject to review and approval through the Conditional Use Permit (CUP) process. The applicant shall submit the following additional items and information (unless waived by the Community Development Director based on written justification provided by the applicant) along with the standard CUP application materials. The following list of requirements will be used to check your application for completeness after it is submitted. If your application is not complete, a copy of this list, and/or the CUP checklist, will be returned to you with additional requirements noted. A. Site Information: Submit a site plan, Assessor s Parcel Map(s), or a recent aerial photo that clearly illustrates the following information: 1. The lease area of the proposed project. 2. The lease areas of all other facilities on the parcel where the proposed facility is located. 3. Property boundaries of the site and the legal lot. 4. Location of all habitable structures within 500 feet of the proposed facility with the distance from the proposed antenna facility to the closest structure clearly marked. B. Technology Information: 1. A general written description of the type of technology and type of consumer services the carrier will provide to its customers. 2. An explanation of site selection (reason the site was chosen over alternative sites). 3. Dimensioned plans showing the proposed height, direction and type of antenna proposed (i.e., panel, whip, dish) and all accessory structures/equipment requested as a part of the proposed antenna facility. 4. Detailed engineering calculations for foundation wind loads Telecommunication Facilities Siting Requirements and Checklist Page 4 Item 10.a. - Page 19

20 C. RF Exposure Information: An RF emissions statement certified by a qualified radio frequency professional demonstrating compliance with Federal Communications Commission guidelines. D. Co-Location Information: Co-location is defined as the coincident placement of telecommunication carriers antennas on the same wireless tower or antenna-mounting structure. The principal benefit from co-location is that fewer towers are needed to serve a given area, thereby reducing the overall visual impact of towers on a community. The City encourages the co-location between carriers, or the use of existing towers wherever possible to discourage the unnecessary proliferation of towers. The City also encourages the design of new towers which allow for future colocation whenever feasible. Applicants proposing to site the antenna(s) must demonstrate that reasonable efforts have been made to locate the antennas(s) on existing antenna-mounting structures. 1. If not co-located, provide information pertaining to the feasibility of jointuse antenna facilities, and discuss the reasons why such joint use is not a viable option or alternative to a new facility site. This includes written notification of refusal of the existing antenna-mounting structure owner to lease space on the structure. Include information on lack of existing wireless towers in the area, topography, frequency or signal interference, line of site problems, and available land zoning restrictions as applicable. E. Visual Impact Information: The following information provides staff with criteria for determining the significance of project visual impacts for CEQA purposes. 1. Submit a preliminary environmental review with special emphasis placed upon the nature and extent of visual and aesthetic impacts. 2. Submit photo mock-ups or digital computer representations of the project site before and after installation. Physical samples of facility materials and/or a three-dimensional model may also be required. Show the proposed tower, antenna(s), equipment shelters, and any landscaping or screening proposed to lessen the visual impact of the project. 3. Submit information regarding the location of existing towers of the same, or similar design as the proposal facility, located within 10 miles of Arroyo Grande for viewing purposes. 4. If the project site is located within ½ mile of a public road, residence, public park, public hiking trail, or private easement open to the public, or if visible from such areas, show the proposed project site from multiple vantage points. Multiple viewpoints will require an index map and key for identification Telecommunication Facilities Siting Requirements and Checklist Page 5 Item 10.a. - Page 20

21 5. Provide a sample of the proposed color of the tower in the form of a minimum one square foot paint sample, and explain the reasons why that color is best for the location proposed. 6. Describe the type of landscaping proposed to screen the facility to the maximum extent feasible, or the reasons why landscaping is not necessary or feasible. 7. Proposed communication facilities should not be sited on ridgelines or hilltops when alternative sites are available. If a ridgeline location is proposed, submit written justification to the Community Development Director. If no alternative site exists, the communications facility must be located to minimize silhouetting on the ridgeline and must blend with the surrounding environment to decrease visibility from off site. 8. At the time of permit renewal, any major modification to the existing permit, or change-out of major equipment, the permit site and existing equipment shall be reviewed for consistency with changes that could substantially lessen visual impacts. If the Community Development Director determines that a change would substantially lessen the visual impacts of the facility, or if they would result in a substantial benefit to the public, the permitee may be required to make those changes. 9. If there is a change of lessee, information regarding the type of facility that will be used by the new lessee shall be submitted to the Community Development Department within ten (10) days of that change. If the transfer would require any changes to the facilities approved in the original CUP, an Amended Conditional Use Permit application must be submitted. The new lessee shall use the most current stealthing techniques available if it would substantially lessen visual impacts of the site, and if it would result in a substantial benefit to the public. 10. Describe if the proposed facility is intended to be a Coverage and/or Capacity site. F. Antenna/Site Capacity Information: 1. Submit information on the total available mounting heights for antennas for the proposed antenna tower and any other structures for the proposed project. This information may be used for future co-location of antennas from other companies. 2. There shall be a maximum of two towers per assessor s parcel or developed site Telecommunication Facilities Siting Requirements and Checklist Page 6 Item 10.a. - Page 21

22 III. PERMIT SUBMITTAL REQUIREMENTS FOR FACILITIES IN THE PUBLIC RIGHT-OF-WAY California Public Utilities Code 7901 grants telephone corporations the right to place facilities in the public rights-of-way subject only to reasonable time, place and manner restrictions as provided under California Public Utilities Code Under CPUC (b), to be reasonable, time, place and manner restrictions must be applied to all entities in an equivalent manner. Height, spacing, structural and safety requirements for wireless facilities on utility poles in the right-of-way are regulated by California Public Utilities Commission General Order 95. Any new telecommunication facility proposed within the public right-of-way of the City of Arroyo Grande is subject to review and approval through the encroachment permit process. The applicant shall submit the following additional items and information (unless waived by the Director of Public Works based on written justification provided by the applicant) along with the standard encroachment permit application materials: A. Items B1, B2, B3, C and E2 of Section II above. B. A brief description of how the placement of equipment on a utility pole has been designed to comply with California Public Utilities Commission General Order 95 and to minimize visual impacts. C. A brief description of how any ground-mounted equipment has been located in a manner to prevent vehicle and pedestrian obstruction of the right-of-way and to minimize aesthetic impacts Telecommunication Facilities Siting Requirements and Checklist Page 7 Item 10.a. - Page 22

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31 ATTACHMENT 2 ARROYO GRANDE TELECOMMUNICATION FACILITIES SUMMARY TABLE 2017 Use Permit No. Carrier Location Date Approved/ Status CUP Cellular One Reservoir 4 (Huebner Lane) CUP Nextel Reservoir 2 (200 Hillcrest) CUP Alpine PCS Trader Joe s Building CUP Sprint PCS Reservoir 4 (Huebner Lane) CUP Sprint PCS Reservoir 2 (200 Hillcrest) CUP Verizon/Crown Castle Soto Sports Complex CUP T-Mobile Reservoir 4 (Huebner Lane) CUP Sprint PCS Reservoir 2 (200 Hillcrest) 12/5/00 NO LONGER IN SERVICE 10/1/02 NO LONGER IN SERVICE 6/26/01 NO LONGER IN SERVICE 4/3/01 IN OPERATION 1/15/02 NOT CONSTRUCTED 8/6/02 IN OPERATION 12/16/03 IN OPERATION 3/16/04 IN OPERATION Project Details 2 antennas mounted on top of tank (8.5 tall) 80 tall monopine with 12 antennas 6 antennas 6 in height on building 6 antennas 7.5 tall mounted on top of tank 75 tall monopine with 6 antennas 70 tall light standard; 6 antennas 8 panel antennas, 8 tall Co-location on Nextel s monopine; 6 antennas Lease Agreement Approved 6/16/00 ($1,792/mo) Approved 5/23/00 ($1,000/mo - several amendments) n/a Approved 5/23/01 ($1,500/mo) Approved 5/23/01 ($1,500/mo) Approved 8/27/02 ($1,500/mo) Approved 1/14/04 ($1,500/mo) Item 10.a. - Page 31

32 Use Permit No. CUP CUP & MEX Carrier Location Date Approved/ Status Cingular Wireless Cingular Wireless Reservoir 1 (300 Reservoir Rd.) 9/12/06 IN OPERATION CINGULAR WIRELESS IS NOW AT&T 301 Trinity Ave. 1/3/06 IN OPERATION Project Details 12 antennas on 35 tall monopine 54 tall bell tower Lease Agreement Approved 9/12/06 ($2,500/mo lease amended for equip. modifications) n/a CUP CUP CUP Cingular Wireless Clearwire Technologies Clearwire Technologies Soto Sports Complex Soto Sports Complex Reservoir 2 (200 Hillcrest) CINGULAR WIRELESS IS NOT AT&T 5/2/06 IN OPERATION CINGULAR WIRELESS IS NOW AT&T 8/21/07 IN OPERATION CLEARWIRE IS NOW AT&T 8/21/07 NOT CONSTRUCTED 70 tall light standard, 6 antennas 6 antennas on an existing light standard 75 tall monopine with 3 panel antennas, 3 microwave antennas and 1 GPS antenna 5/23/06 ($2,500/mo) Approved 8/14/07 ($2,000/mo) Approved 8/28/07 ($2,000/ mo) Item 10.a. - Page 32

33 Use Permit No. CUP Carrier Location Date Approved/ Status Verizon Wireless Reservoir 1 (300 Reservoir Rd.) 9/18/12 IN OPERATION Project Details 38.5 tall monopine with 12 panel antennas Lease Agreement Approved 1/21/14 ($1,200/mo) (lesser rent negotiated for City equip on monopine) CUP ACUP ACUP DRC ARCH Verizon Wireless AT&T Mobility (was Cingular Wireless) AT&T Mobility (was Cingular Wireless) Valley Road 3/3/15 IN OPERATION Soto Sports Complex Reservoir 1 (300 Reservoir Rd.) Verizon Reservoir 3 (Stagecoach) CUP Verizon Reservoir 4 (Huebner) CUP Verizon Reservoir 5 (Puesta del Sol) 5/21/13 IN OPERATION 6/11/13 IN OPERATION County approved 11/13/15 NOT CONSTRUCTED 1/19/16 NOT CONSTRUCTED 7/5/16 NOT CONSTRUCTED Small cell antennas on existing wood utility pole Update equipment on light standard Update equipment on existing monopine Antennas on water tank Antennas on water tank Antennas on water tank n/a No changes No changes Pending Pending Pending Item 10.a. - Page 33

34 Use Permit No. Carrier Location Date Approved/ Status CUP Verizon 135 N. Halcyon Rd. CUP Mobilitie, LLC E. Grand Ave. and Juniper St., Fair Oaks Ave. and S. Halcyon Rd., and Fair Oaks Ave. and S. Elm St. PENDING PENDING Project Details Monoeucalyptus on private property 3 separate utility poles located in the public rightof-way Lease Agreement n/a n/a Item 10.a. - Page 34

35 Notes: Cellular One was purchased by AT&T Cingular Wireless bought out AT&T, but later renamed the company AT&T Mobility, Therefore, Cellular One, Cingular Wireless and AT&T are all AT&T Mobility T-Mobile is also on Reservoir 4 Item 10.a. - Page 35

36 PLANNING COMMISSION MINUTES DECEMBER 20, 2016 ATIACHMENT3 anning Manager Downing presented the staff report recommending the Planning Commission. ad t a -Resolution approvirtg Conditia n Use Permit and responded to Commission ques ns regarding the reduction of parking in order to keep trees; relocation of street trees; location. of windows; location of overhead utilities; if there is an open space requirement; ij.traffic C mission reviewed the project; alignment of driveway and apron; parking stall requiremen ADA parking space; and the number of street trees required., ' - ' Matt Cebulla, r resentative, responded to Commission questions regarding the driveway width; saving the street trees; number of bathrooms; w ater meters; approach/alignment oi driveway; relocation of tree; length of on-site parking spaces; area wall; trash location; reduction of parking sp e to accommodate trash; party responsible-for trash bill; impact of drip line for trees; and water ter/tier rates. Vice-Chair Keen opened the p blic hearing., ' Keith Spierling stated he wants tti trees to remain and asked that the driveway be left in its current configuration. Upon hearing no further comments, Vice- hair Keen closed the public hearing. The Commission provided comments on the p posed project. Action: Commissioner Martin moved to adopt a r solution entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT ; LOCATED T 227.SOUTH HALCYON ROAD; APPLIED FOR BY MATT CEBULLA ", with the following edifications: adjust the ADA parking spaces to be compliant with standards; reduce on-site par ng by one space to protect one or more site trees and improve vehicle turnaround and parking s ce size; increase the size of the trash enclosure to accommodate one to two additional cans; mo ify the design of the driveway and approach to be as straight as possible while complying "th Engineering Standards. Commissioner Keen seconded the motion. The Commission discussion included if findings need to be made; nu er of trash cans for tenants; and removal of parking space. The motion passed on the following roll call vote: AYES: NOES: ABSENT: Martin, Keen, Fowler-Payne, Mack None George Vice-Chair Keen called for a break at 7: 13 pm and reconvened at 7: 18 pm. 8.a. CONTINUED PUBLIC HEARING TO CONSIDER DEVELOPMENT CODE AMENDMENT ; ORDINANCE RELATING TO SMALL CELL TELECOMMUNICATION FACILITIES; LOCATION -CITYWIDE; APPLICANT-VERIZON WIREI:-ESS Item 10.a. - Page 36