COUNTY OF SAN MATEO

Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:

November 20, 2008

BOARD MEETING DATE:

December 9, 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 wireless 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 wireless 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 wireless telecommunication facilities.

VISION ALIGNMENT

The proposed amendment is consistent with goals 12, 14, and 20, in that it will establish regulations that consider the impacts of telecommunication facilities on the environment and surrounding communities, require such facilities to minimize and mitigate impacts on scenic resources, and consider the future impacts of these 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.

Planning Commission and Board 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. The Board of Supervisors considered this item at its October 28, 2008 meeting. A request was made to continue the item to December 9, 2008 and the Board did so. In the past four weeks, staff has met with representatives of Verizon and neighborhood groups to address issues and questions about the draft ordinance. Those issues and staff responses are outlined in the Board report.

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. The amendment would eliminate the need for certain co-location projects to obtain a use permit and establishes a ten-year use permit duration for new facilities, as required by recent changes to State law. The amendment requires that applicants for new facilities identify their ten-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 proposed ordinance includes requirements that new facilities not be located in residentially-zoned areas, unless necessary to provide adequate service coverage. The proposal encourages co-location on existing facilities, requires that new facilities that are capable of accommodating additional service providers be made available for future co-location, and requires that new facilities avoid adverse visual impact. 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 as well as a maximum footprint or 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.