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Home My WebLink AboutCC 2025-01-28_10a Amendments to AGMC Re Wireless Telecommunication Facilities_PP Introduction of Amendments to Title 16 Regarding Wireless Telecommunication Facilities 1 Background 2001: City’s first adopted regulations 2017: Adopted amendments to regulations 2024: Proposed amendments to regulations within the confines of state and federal law 2 State & Federal Regulations FCC established that an agency cannot stop accepting applications at any time Limits on design standards Must be technically feasible and published in advance Limits on fees Permit fees must be cost-based 3 State & Federal Shot Clocks 4 Proposed Ordinance Will establish a new section of the AGMC (16.70) Permit processes for the various types of facilities Establishes location, development, and design standards Institute standard conditions of approval Conforming edits for consistency 5 Permits & Process - ROW Minor Use Permit - Plot Plan Review: EFR and small wireless telecom facilities in the ROW 60 and 90 day shot clocks, respectively CDD Director is authorized to approve the permit Decision is final, not subject to an appeal No public hearing Notice of application will be mailed to property owners within 500 feet 6 Permits & Process Minor Use Permit – Architectural Review: Eligible facilities request, small wireless facility; or collocation outside ROW CDD Director is authorized to approve the permit May request review from ARC Modifications to existing facilities are not subject to an appeal Decisions for new facilities are appealable to City Council No public hearing Notice of application will be mailed to property owners within 500 feet 7 Permits & Process Conditional Use Permit Any facility that is not a small wireless facility, collocation, or EFR Notice of application will be mailed to property owners within 500 feet Permit processed just as any other CUP ARC PC, appealable to CC 8 Location Standards Applicants shall propose to locate facilities that are “least intrusive to community character and values” Establishes preferred locations Tier 1 (Not compatible): All residential zones & Village-Mixed-Use Tier 2 (Less compatible): Mixed-use zoning designations Tier 3 (Most compatible): Industrial, Traffic Way Mixed-use, RC, PF, AG Applications for a site in Tier 1 or 2 must provide “factual and verifiable evidence” that shows a site in Tier 3 is not available 9 Structure Location - Private Place equipment on most compatible structure that is technically feasible and available New (non-replacement) structures: new towers, monopoles, etc. Historic structures (listed on register of historic places) Existing (or replacement) non-building structures w/o existing wireless facilities – water tanks, etc. Existing (or replacement) non-building structures w/ existing wireless facilities - water tanks, etc. Existing buildings: rooftops, steeples, faux architectural features 10 Structure Location - ROW Place equipment on most compatible structure that is technically feasible and available (ranked from least to most compatible) New structures (utility pole or non-pole) Existing (or replacement) utility pole Not allowed on decorative streetlights 11 Prohibited Locations - ROW Directly in front of residential building Within 300 feet of another facility in ROW Adversely affect normal drainage of surface water Obstruct vehicular or pedestrian traffic Detrimental to trees or underground infrastructure Within 10 feet of driveways for emergency responder facilities 12 Design Standards Stealth/Concealment: mimic or blend with surrounding structures or environment Height: May exceed max height by 25 feet on private property Extend height of existing pole in ROW by up to 10 feet Finishes: match underlying structure or blend with surrounding environment 13 Design Standards Landscaping: Facilities shall not be installed within any tree dripline. Preserve existing vegetation to the greatest extent feasible Noise: comply with AGMC standards Lighting: no exterior lighting except as req by law Signage, Advertisements: only as required to identify owner and operator, emergency contact, etc 14 Design Standards Public Health: Facility shall not be operated in a manner that is a threat to public health RF emissions shall comply with FCC standards (most stringent that an agency can apply) Additional standards for security, fire safety, and other applicable laws 15 Limited Exceptions CDD Director or hearing body can grant exceptions to development and location standards if: Prohibit, or effectively prohibit the provision of personal wireless services Violate applicable laws or regulations Require a technically infeasible location, design, or installation Results in no increase in visual harms or provides other benefits 16 Conditions of Approval Approved permit is valid for 10 years General maintenance and graffiti removal RF emissions compliance – provide evidence that actual conditions are consistent with anticipated Limited testing during regular business hours Underground utilities 17 Planning Commission Reviewed the proposed ordinance on September 17, 2024 Continued its consideration to allow for staff to investigate integration of public hearings, minimum distance from facilities, clarify language Adopted a Resolution recommending that City Council adopt the ordinance on October 15, 2024 Addition of a setback standard from residential structures 18 Environmental Review Adoption of the ordinance is exempt from CEQA because it has no potential to result in a direct or indirect physical change to the environment Staff will review future applications for new facilities for compliance with CEQA on a case by case basis. 19 1) Introduce the Ordinance amending the Arroyo Grande Municipal Code (AGMC) regarding wireless telecommunication facilities; and 2) Find that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Recommendation 20 21 Wireless Communications Facility: An unstaffed facility at a fixed location, generally consisting of antennas, an equipment cabinet, and related equipment for the purpose of transmitting voice or data Small Wireless Facility: A facility that is up to 50’ in height, or mounted on existing structures that are no more than 10% taller than the height of adjacent structures where each antenna is 3 cubic ft or less, and the associated equipment is no more than 28 cubic ft in volume Definitions 22 Eligible Facilities Request A request to modify an existing cell tower or base station that does not substantially change the physical dimensions of the tower or base station Height – 10% Width – 20 ft or the width of the tower at the level of the new equipment Bulk – adds new equipment cabinets, generally Collocation: Mounting an antenna facility on a preexisting structure, and/or modifying a structure for mounting an antenna facility on the structure Definitions 23 Sites that operate in a manner that is inconsistent with conditions of approval and/or causes jeopardy to public health, welfare or safety shall be grounds for revocation City shall give operator an opportunity to cure If unresolved, the City may schedule a hearing before the PC for revocation Revocation action is appealable to CC Revocation 24 1/31/2025 Residential Parcels Buffer Area Area Outside of Buffer Agriculture Regional Commercial Existing facilities w/ multiple carriers 25 1/31/2025 Agriculture Regional Commercial Soto Sports Complex Camp AG Existing facilities w/ multiple carriers Schools 26 1/31/2025 Regional Commercial Agriculture Soto Sports Complex Camp AG Existing facilities w/ multiple carriers Schools 27