RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AMENDING THE SAN MATEO COUNTY
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN BY ADDING CHAPTER 24.5 TO DIVISION VI, PART ONE, OF THE SAN MATEO COUNTY ORDINANCE CODE (ZONING REGULATIONS), WHICH ESTABLISHES REGULATIONS FOR TELECOMMUNICATION FACILITIES

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that:

WHEREAS, in November, 1980, the San Mateo County Local Coastal Program (LCP) was certified by the California Coastal Commission; and

WHEREAS, since its certification, the LCP has been amended various times, to improve Coastal Act conformance or respond to local circumstances; and

WHEREAS, the LCP Implementation Plan does not currently contain regulations specific to the construction, expansion, and operation of telecommunication facilities; and

WHEREAS, in order to protect public health, safety, and the environment, it is in the public’s interest for local governments to establish rules and regulations addressing certain land use aspects relating to the construction, design, siting, major modification, and operation of wireless communication facilities and their compatibility with surrounding land uses; and

WHEREAS, commercial wireless communication facilities are commercial uses and as such are generally incompatible with the character of residential zones in the County and, therefore, should not be located on residentially zoned parcels unless it can be proven that there are no alternative non-residential sites or combination of sites from which can be provided adequate coverage; and

WHEREAS, in the proliferation of antennas, towers, satellite dishes, and other telecommunication facilities could create significant adverse visual impacts, and there is therefore the need to regulate the siting, design, and construction of such facilities particularly within scenic coastal areas; and

WHEREAS, the San Mateo County Planning Commission considered the proposed regulations for telecommunication facilities and held public hearings regarding these regulations on April 23, 2008, June 25, 2008, and July 23, 2008; and

WHEREAS, maximum opportunity for public participation in the Planning Commission hearing process was provided through: (1) publication of all Planning Commission meeting announcements in the San Mateo County Times and Half Moon Bay Review newspapers, and (2) direct mailing of meeting announcements and reports to interested parties; and

WHEREAS, on July 23, 2008, the Planning Commission adopted a recommendation that the Board of Supervisors approve the proposed zoning text amendment and certify the associated Negative Declaration; and

WHEREAS, on December 9, 2008, the Board of Supervisors conducted a public hearing on the zoning text/LCP amendment recommended for approval by the Planning Commission, considered all comments received, determined that the amendment is consistent with the General Plan, and certified the Negative Declaration; and

WHEREAS, maximum opportunity for public participation in the hearing process was provided through: (1) publication of the Board of Supervisors meeting announcement in the San Mateo County Times and Half Moon Bay Review newspapers, and (2) direct mailing of meeting announcements to interested parties; and

WHEREAS, all interested parties were afforded the opportunity to be heard at the Board of Supervisors hearings; and

WHEREAS, the matter herein is an individual amendment to the Local Coastal Program Implementation Plan and requires certification by the Coastal Commission as being in conformity with, and adequate to carry out, the provisions of the certified Land Use Plan before the amendment can become effective.

NOW, THEREFORE, BE IT RESOLVED, that the San Mateo County Board of Supervisors amends the San Mateo County LCP Implementation Plan to add Chapter 24.5 to Division VI, Part One, of the San Mateo County Ordinance Code (Zoning Regulations) as shown in Exhibit “A” of this resolution, and will carry out this amendment in accordance with the Coastal Act.

AND, BE IT FURTHER RESOLVED, that the San Mateo County Board of Supervisors directs staff to submit this Local Coastal Program (LCP) amendment as an individual amendment to the Coastal Commission for certification of conformity with the California Coastal Act.

AND, BE IT FURTHER RESOLVED, that this Local Coastal Program amendment shall not have the force of law within the Coastal Zone until the California Coastal Commission has certified it as conforming with the California Coastal Act. If the Coastal Commission’s certification requires the County to accept suggested modifications to the amendment, the amendments will not take effect until the Board of Supervisors has accepted the suggested modifications and received confirmation from the Commission staff that the County’s action accepting the modifications was been reported to the Commission and determined to be legally adequate.