O 685ORDINANCE NO. 685
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING SECTION 16.04.070(C), TABLE 16.36.030(A)
AND TABLE 16.44.040-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. 3569 approving
Telecommunication Facilities Siting and Permit Submittal Requirements; and
WHEREAS, on April 25, 2017 the City Council adopted a Resolution approving
amendments to the Telecommunication Facilities Siting and Permit Submittal
Requirements regarding small cell telecommunication facilities; 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 15311 of the California Environmental Quality Act (CEQA) Guidelines
regarding construction or placement of minor structures accessory to existing facilities;
and
WHEREAS, the City Council held a duly noticed public hearing on April 25, 2017 and,
after consideration of all testimony and all relevant evidence, determined that the
following Development Code Amendment findings can be made in the affirmative
manner:
ORDINANCE NO. 685
PAGE 2
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.
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 15311 of the California Environmental Quality
ORDINANCE NO. 685
PAGE 3
Act (CEQA) Guidelines regarding construction or placement of minor structures
accessory to existing facilities.
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 16.04.070(C) of the Arroyo Grande Municipal Code is hereby
amended to add the following definitions:
16.04.070 - 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 1996. 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.
ORDINANCE NO. 685
PAGE 4
SECTION 3. Table 16.36.030(A) of the Arroyo Grande Municipal Code is hereby
amended to add the following to Section B. (Services General):
Development Code Table 16.36.030(A)
Uses Permitted Within Mixed Use and Commercial Districts
Allowed Land
Uses and
Permit
Requirements
– LAND USE
IMU TMU
D-
2.11
VCD
HCO
D-2.4
VMU
D-
2.11
HCO
D-2.4
GMU FOMU HMU OMU
D-2.20
RC Specific Use
Standards and
other references
Small Cell
Tele-
communication
facilities
(commercial)
MUP MUP MUP/
CUP4,5
MUP/
CUP4
MUP MUP MUP MUP MUP Subject to the
Telecommunication
Facilities Siting and
Permit Submittal
Requirements as
adopted by City
Council Resolution
Tele-
communication
facilities
(commercial)
CUP MUP NP CUP CUP CUP MUP CUP CUP Subject to the
Telecommunication
Facilities Siting and
Permit Submittal
Requirements as
adopted by City
Council Resolution
4 Telecommunication facilities that are publicly visible are subject to a CUP.
5 The Historic Resources Committee shall review applications for small cell telecommunication facilities that are
proposed in the Village Core Downtown district and are publicly visible.
SECTION 4. Table 16.44.040(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 16.44.040-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)
16. Telecommunication facilities (commercial)
CUP
(subject to the Telecommunication
Facilities Siting and Permit Submittal
Requirements as adopted by City Council
Resolution)
ORDINANCE NO. 685
PAGE 5
SECTION 5. This ordinance is exempt from CEQA pursuant to CEQA Guidelines
section 15311 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 Barneich, seconded by Council Member Brown, and by
the following roll call vote to wit:
AYES: Council Members Barneich, Brown, Ray, Harmon, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 9th day of May, 2017.
I ORDINANCE NO. 685
PAGE-6
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JIM ILL, MAYOR
ATTEST:
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• l:(G/ta
KELLY EfIORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A . MAN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETINIOF E, 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 Ordinance No. 685 which was introduced at a regular meeting of the
City Council on April 25, 2017; was passed and adopted at a regular meeting of
the City Council on the 9th day of May 2017; and was duly published in
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grandeaffixed this 11th
day of May 2017.
• KELLY W-ETIVIORE, CITY CLERK
•