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R 4791 RESOLUTION NO. 4791 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. 3569 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, 2017. 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 Ray, seconded by Council Member Barneich, and by the following roll call vote, to wit: AYES: Council Members Ray, Barneich, Harmon, Brown, and Mayor Hill NOES: None ABSENT: None the foregoing Resolution was adopted this 25th day of April, 2017. RESOLUTION NO. to9i. PAGE 2 c l JIM ILL, MAYOR ATTEST: - / / /. i4thirL - _ KELLY - _.'' TM'RE, CITY CLERK ; P•ROV. rr : 6`4 CONTENT: iiii 1. S I ROBERT MCV., INTERIM CITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY EXHIBIT A City of ADOPTED BY CITY COUNCIL APRIL 25, 2017 Arroyo Grande `, ) -*i iid TELECOMMUNICATION FACILITIES SITING and PERMIT SUBMITTAL REQUIREMENTS 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. 2017 Telecommunication Facilities Siting Requirements and Checklist Page 1 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). 7. 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 man- made 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. 8. The City encourages co-location of telecommunication facilities, but only if it results in a lesser visual impact. 9. 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. 2017 Telecommunication Facilities Siting Requirements and Checklist Page 2 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. 2017 Telecommunication Facilities Siting Requirements and Checklist Page 3 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. Drought- resistant 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 you're the application is not complete, a copy of this list, and/or the CUP checklist, will be returned teyetu 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. 201.7 Telecommunication Facilities Siting Requirements and Checklist Page 4 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. 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 co- location 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 joint- use 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. 2017 Telecommunication Facilities Siting Requirements and Checklist Page 5 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 1/2 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. 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. 2017 Telecommunication Facilities Siting Requirements and Checklist Page 6 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. 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 §7901.1. Under CPUC §7901.1(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. D. Ground-mounted equipment is not allowed within sidewalks. 2017 Telecommunication Facilities Siting Requirements and Checklist Page 7 OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4791 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 25th day of April, 2017. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of April, 2017. KELLYl iJETMORE, CITY CLERK ti