20081028_es

COUNTY OF SAN MATEO

Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:

October 10, 2008

BOARD MEETING DATE:

October 28, 2008

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Lisa Grote, Director of Community Development

SUBJECT:

EXECUTIVE SUMMARY: Consideration of a zoning text amendment to the Zoning Regulations portion of the San Mateo County Ordinance Code to establish regulations for telecommunication facilities.

RECOMMENDATION

1.

Certify the Negative Declaration.

2.

Approve the proposed resolution adopting the zoning text amendment, which adds Chapter 24.5 of Division VI, Part One, of the San Mateo County Ordinance Code (Zoning Regulations) to establish regulations for telecommunication facilities.

3.

Adopt an ordinance adding Chapter 24.5 of Division VI, Part One, of the San Mateo County Ordinance Code (Zoning Regulations) to establish regulations for telecommunication facilities.

VISION ALIGNMENT

Commitment: The proposed amendment keeps the commitment of “Redesigning our urban environment to increase vitality, expand variety and reduce congestion.”

Goal 12: “Land use decisions consider transportation and other infrastructure needs as well as impacts on the environment and on surrounding communities.”

Response: The proposed zoning amendment will establish regulations that consider the impacts of telecommunication facilities on the environment and surrounding communities.

Commitment: The proposed amendment keeps the commitment of “Preserving and providing people access to our natural environment.”

Goal 14: “Important natural resources are preserved and enhanced through environmental stewardship.”

Response: The proposed amendment will establish regulations that protect the environment, among other ways by prohibiting the construction of new telecommunication facilities within sensitive habitats, and by requiring telecommunication facilities to avoid, minimize and mitigate impacts on scenic resources.

Commitment: The proposed amendment keeps the commitment of “Responsive, effective and collaborative government.”

Goal 20: “Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.”

Response: The proposed amendment will establish regulations that consider the future impacts of telecommunication facilities.

BACKGROUND

Proposal: The proposed text amendment to the Zoning Regulations would establish new regulations for telecommunication facilities in the County’s unincorporated areas.

Existing Regulation: Chapter 24 of the Zoning Regulations allows public utilities such as telecommunication facilities within all zoning districts subject to the granting of a use permit, when found to be necessary for the public health, safety, convenience or welfare. Telecommunication facilities are currently regulated by these general use permit regulations and there are no regulations specific to telecommunication facilities. The proposed amendment would not affect regulations for television and radio towers.

Planning Commission Action: The Planning Commission reviewed this item at three public hearings. At the April 23 and June 25, 2008 hearings, the Commission considered comments from PCIA/CalWA, which is the industry trade advocacy group, from the Midpeninsula Regional Open Space District, as well as written and oral comment from the public, and made a number of changes to drafts of the ordinance. At the July 23 hearing, the Commission made some additional changes to the proposed ordinance, and recommended approval with amendments to the Board of Supervisors.

DISCUSSION

The proposed text amendment to the Zoning Regulations would establish new permitting requirements and regulations for telecommunication facilities in the County’s unincorporated areas. The purpose of the proposed regulations is to allow for the provision of adequate wireless communications services in the County, encourage and require, where feasible, the co-location of facilities, encourage the location of new facilities in areas where negative external impacts would be minimized, protect and enhance public health, safety, and welfare, and conform to Federal and State laws.

The proposed ordinance sets forth permit requirements, development and design standards, performance standards and application requirements for both new telecommunication facilities and co-location facilities. Co-location is the placement of wireless facilities on or immediately adjacent to an existing telecommunication facility. The amendment would eliminate the need for certain co-location projects to obtain a use permit and establishes a 10-year minimum use permit duration for new facilities, as required by recent changes to State law. The amendment would require that applicants for new facilities identify their 10-year planned buildout at the time of the initial use permit application and limits future co-location or expansion projects to those that are consistent with this buildout plan. The amendment would formalize the current practice of requiring a major-development pre-application public workshop for the first new facility established in a neighborhood. The proposed ordinance includes requirements that new facilities not be located in residentially-zoned areas, unless necessary to provide adequate service coverage, and would also protect sensitive habitats. The proposal encourages co-location on existing facilities, and requires that new facilities be made available for future co-location. The ordinance also requires that new facilities avoid adverse visual impact by being located outside the public viewshed, by using existing vegetation and natural features for cloaking, by screening and painting, and by constructing towers no taller than necessary. Attempts to have towers replicate trees are allowed only as a last resort. The proposal establishes height limits for facilities, and in residential areas establishes limits on the size of accessory buildings used in support of telecommunication facilities and establishes a maximum footprint for such facilities. The proposed ordinance specifies development and design standards, performance standards, and application requirements for co-location facilities similar to those for new facilities. Following adoption by the County, the Coastal Commission will consider certification of the ordinance as an LCP amendment for those areas within the Coastal Zone.

FISCAL IMPACT

There is no anticipated fiscal impact on the County as a result of this amendment.



COUNTY OF SAN MATEO Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:			October 10, 2008
BOARD MEETING DATE:			October 28, 2008
SPECIAL NOTICE/HEARING:			None
VOTE REQUIRED:			Majority

TO:		Honorable Board of Supervisors

FROM:		Lisa Grote, Director of Community Development

SUBJECT:		EXECUTIVE SUMMARY: Consideration of a zoning text amendment to the Zoning Regulations portion of the San Mateo County Ordinance Code to establish regulations for telecommunication facilities.

RECOMMENDATION
1.	Certify the Negative Declaration.
2.	Approve the proposed resolution adopting the zoning text amendment, which adds Chapter 24.5 of Division VI, Part One, of the San Mateo County Ordinance Code (Zoning Regulations) to establish regulations for telecommunication facilities.
3.	Adopt an ordinance adding Chapter 24.5 of Division VI, Part One, of the San Mateo County Ordinance Code (Zoning Regulations) to establish regulations for telecommunication facilities.

VISION ALIGNMENT
Commitment: The proposed amendment keeps the commitment of “Redesigning our urban environment to increase vitality, expand variety and reduce congestion.”
Goal 12: “Land use decisions consider transportation and other infrastructure needs as well as impacts on the environment and on surrounding communities.”
Response: The proposed zoning amendment will establish regulations that consider the impacts of telecommunication facilities on the environment and surrounding communities.

Commitment: The proposed amendment keeps the commitment of “Preserving and providing people access to our natural environment.”
Goal 14: “Important natural resources are preserved and enhanced through environmental stewardship.”
Response: The proposed amendment will establish regulations that protect the environment, among other ways by prohibiting the construction of new telecommunication facilities within sensitive habitats, and by requiring telecommunication facilities to avoid, minimize and mitigate impacts on scenic resources.

Commitment: The proposed amendment keeps the commitment of “Responsive, effective and collaborative government.”
Goal 20: “Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.”
Response: The proposed amendment will establish regulations that consider the future impacts of telecommunication facilities.

BACKGROUND
Proposal: The proposed text amendment to the Zoning Regulations would establish new regulations for telecommunication facilities in the County’s unincorporated areas.

Existing Regulation: Chapter 24 of the Zoning Regulations allows public utilities such as telecommunication facilities within all zoning districts subject to the granting of a use permit, when found to be necessary for the public health, safety, convenience or welfare. Telecommunication facilities are currently regulated by these general use permit regulations and there are no regulations specific to telecommunication facilities. The proposed amendment would not affect regulations for television and radio towers.

Planning Commission Action: The Planning Commission reviewed this item at three public hearings. At the April 23 and June 25, 2008 hearings, the Commission considered comments from PCIA/CalWA, which is the industry trade advocacy group, from the Midpeninsula Regional Open Space District, as well as written and oral comment from the public, and made a number of changes to drafts of the ordinance. At the July 23 hearing, the Commission made some additional changes to the proposed ordinance, and recommended approval with amendments to the Board of Supervisors.

DISCUSSION
The proposed text amendment to the Zoning Regulations would establish new permitting requirements and regulations for telecommunication facilities in the County’s unincorporated areas. The purpose of the proposed regulations is to allow for the provision of adequate wireless communications services in the County, encourage and require, where feasible, the co-location of facilities, encourage the location of new facilities in areas where negative external impacts would be minimized, protect and enhance public health, safety, and welfare, and conform to Federal and State laws.

The proposed ordinance sets forth permit requirements, development and design standards, performance standards and application requirements for both new telecommunication facilities and co-location facilities. Co-location is the placement of wireless facilities on or immediately adjacent to an existing telecommunication facility. The amendment would eliminate the need for certain co-location projects to obtain a use permit and establishes a 10-year minimum use permit duration for new facilities, as required by recent changes to State law. The amendment would require that applicants for new facilities identify their 10-year planned buildout at the time of the initial use permit application and limits future co-location or expansion projects to those that are consistent with this buildout plan. The amendment would formalize the current practice of requiring a major-development pre-application public workshop for the first new facility established in a neighborhood. The proposed ordinance includes requirements that new facilities not be located in residentially-zoned areas, unless necessary to provide adequate service coverage, and would also protect sensitive habitats. The proposal encourages co-location on existing facilities, and requires that new facilities be made available for future co-location. The ordinance also requires that new facilities avoid adverse visual impact by being located outside the public viewshed, by using existing vegetation and natural features for cloaking, by screening and painting, and by constructing towers no taller than necessary. Attempts to have towers replicate trees are allowed only as a last resort. The proposal establishes height limits for facilities, and in residential areas establishes limits on the size of accessory buildings used in support of telecommunication facilities and establishes a maximum footprint for such facilities. The proposed ordinance specifies development and design standards, performance standards, and application requirements for co-location facilities similar to those for new facilities. Following adoption by the County, the Coastal Commission will consider certification of the ordinance as an LCP amendment for those areas within the Coastal Zone.

FISCAL IMPACT
There is no anticipated fiscal impact on the County as a result of this amendment.