PC R 16-2266 RESOLUTION NO. 16-2266
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE AMENDING SECTIONS 16.04.070(C),
16.36.030(A) AND 16.44.040-A OF THE ARROYO GRANDE MUNICIPAL
CODE RELATING TO SMALL CELL TELECOMMUNICATION
FACILITIES, AND ADOPT A RESOLUTION AMENDING THE
TELECOMMUNICATION FACILITIES SITING AND PERMIT SUBMITTAL
REQUIREMENTS; DEVELOPMENT CODE AMENDMENT CASE NO. 15-
001; LOCATION — CITYWIDE; APPLICANT—VERIZON WIRELESS
WHEREAS, the Telecommunications Act of 1996 (the "Act") was the first
comprehensive rewrite of the Communications Act of 1934 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, the Arroyo Grande Municipal Code (AGMC) currently does not allow
telecommunication facilities in the Village Core Downtown (VCD) zoning district, or
provide definitions of "telecommunication facilities" or "small cell telecommunication
facilities; and
WHEREAS, the Public Facility (PF) zoning district does not specifically list
telecommunication facilities as an allowable use; and
WHEREAS, the purpose of this Resolution is to recommend that the City Council adopt
an Ordinance to amend the City's Municipal Code to define and allow small cell
telecommunication facilities in all commercial districts and to adopt a Resolution to
amend the Telecommunication Facilities Siting and Permit Submittal Requirements; 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; and
WHEREAS, the Planning Commission has considered the proposed Ordinance
approving Development Code Amendment 15-001 and the proposed Resolution
amending the Telecommunication Facilities Siting and Permit Submittal Requirements
at a duly noticed public hearing on December 20, 2016.
RESOLUTION NO. 16-2266
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council: 1) adopt an Ordinance approving
Development Code Amendment No. 15-001, amending portions of Title 16 of the AGMC
regarding small cell telecommunication facilities, a copy of which is attached hereto as
Exhibit 'A' and incorporated herein by this reference; and 2) adopt a Resolution approving
amendments to the City's Telecommunication Siting and Submittal requirements, a copy
of which is attached hereto as Exhibit 'B' and incorporated herein by this reference, with
the recommendation that small cell proposals in the Village Core Downtown District be
reviewed by the Historical Resources Committee when proposals are visually seen.
On a motion by Commissioner Keen, seconded by Commissioner Martin and by the
following roll call vote to wit:
AYES: Keen, Martin, Mack
NOES: Fowler-Payne
ABSENT: George
the foregoing Resolution was adopted this 20th day of December 2016.
L Aj.E GE, CHAIR
ATTEST:
DEBBIE WEICHINGGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
17/7/t--
TERESA PfieCLISH
DIRECTOR OF COMMUNITY DEVELOPMENT
Exhibit 'A'
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING SECTIONS 16.04.070(C), 16.36.030(A) AND
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, 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, the City Council held a duly noticed public hearing on this Ordinance on
, at which time it considered all evidence presented, both written and
oral; 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.
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 include 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
ORDINANCE NO.
PAGE 2
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.
SECTION 3. Section 16.36.030(A) of the Arroyo Grande Municipal Code is hereby
amended to add the following:
Development Code Table 16.36.030(A)
Uses Permitted Within Mixed Use and Commercial Districts
Allowed.Land <IMU, : T'MU :: VCD°' =:VMU::a :'GMU•: :3FOMU.:,,11 MU OMU,:":'•: RC' Zr S .ecific Use .:'
v
zt
AND E
Small Cell MUP MUP P CUP CUP MUP MUP MUP MUP MUP Subject to the
Tele- Telecommunication
communication Facilities Siting and
facilities Permit Submittal
(commercial) Requirements as
adopted by City
Council Resolutik
ORDINANCE NO.
PAGE 3
Uses and D-2.11 HCO D- '1.1?„i2‘40:2; Standards and
Permit D-2.4 21 I other references
—.LAND USEf4-f
Tele- CUP MUP NP CUP CUP CUP MUP CUP CUP Subject to the
communication Telecommunication
facilities Facilities Siting and
(commercial) Permit Submittal
Requirements as
adopted by City
Council Resolution
SECTION 4. Section 16.44.040(A) of the Arroyo Grande Municipal Code is hereby
amended to add the following:
Development Code Table 16.44.040-A
Uses Permitted Within Public/Quasi-Public District
VAT-VOR,Igillavt-V.Fk
A. Public/Quasi-Public Uses
MUP
15. Small Cell Telecommunication facilities (commercial) (subiect to the Telecommunication
Facilities Siting and Permit Submittal
Requirements as adopted by City Council
Resolution)
CUP
16. Telecommunication facilities (commercial) (subject to the Telecommunication
Facilities Siting and Permit Submittal
Requirements as adopted by City Council
Resolution
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.
•
ORDINANCE NO.
PAGE 4
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 , 2017.
ORDINANCE NO.
PAGE 5
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
BOB MCFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
Exhibit `B'
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AMENDMENTS TO THE
CITY'S TELECOMMUNICATION SITING AND 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, on December 20, 2016, the Planning Commission considered the revised
Requirements at a duly noticed public hearing and adopted a Resolution recommending
that the City Council approve the Requirements.
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 , 2017.
RESOLUTION NO.
PAGE 2
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
BOB MCFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
Exhibit "A"
City of ADOPTED BY CITY COUNCIL
2017
Arroyo Grande
NI
4z it *V4,
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.
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
2017 Telecommunication Facilities Siting Requirements and Checklist
Page 1
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 zoning
districts in which telecommunications facilities are permitted.
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.
4. Building mounted antennas and all other equipment shall avoid any
unreasonable interference with views from neighboring properties.
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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.
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.
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3. The design and location of ground-mounted facilities shall reasonably
mitigate aesthetic impacts. Visual impact information, as provided in
Section II E, below, shall be submitted, as may be deemed necessary
by staff to evaluate the proposed facility. 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 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.
C. RF Exposure Information:
Submit an RF emissions statement certified by a qualified radio frequency
professional demonstrating compliance with Federal Communications
Commission guidelines.
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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.
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.
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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
to lessen visual impacts of the site and provide 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.
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.
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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.
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