COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Planning and Building Department

DATE:

April 26, 2010

BOARD MEETING DATE:

May 11, 2010

SPECIAL NOTICE/HEARING:

10-Day Notice

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Jim Eggemeyer, Interim Director of Community Development

SUBJECT:

EXECUTIVE SUMMARY: Consideration of an amendment to the Local Coastal Program (LCP) and to Chapter 24.5 of Division VI, Part One, of the San Mateo County Ordinance Code (Zoning Regulations), Regulations for Wireless Telecommunication Facilities, to incorporate modifications proposed by the California Coastal Commission.

RECOMMENDATION

1.

Adopt a resolution accepting modifications requested by the California Coastal Commission amending the San Mateo County Local Coastal Program Implementation Plan by modifying Chapter 24.5 to Division VI, Part One, of the San Mateo County Ordinance Code (Zoning Regulations), Regulations for Telecommunication Facilities, and directing staff to transmit this resolution to the Coastal Commission for certification.

2.

Adopt an ordinance amending Chapter 24.5 to Division VI, Part One, of the San Mateo County Ordinance Code (Zoning Regulations) for Wireless Telecommunication Facilities.

BACKGROUND

County Planning staff is recommending that your Board accept modifications to the Local Coastal Program (LCP) Implementation Plan and to the San Mateo County Zoning Regulations for wireless telecommunication facilities that were recommended by the California Coastal Commission at its December 10, 2009 meeting. These regulations had been previously approved by your Board on December 9, 2008. The proposed text amendment to the Zoning Regulations would modify existing regulations and permitting requirements for telecommunication facilities that currently apply to unincorporated areas of the County. Accepting the modifications proposed by the Coastal Commission means that these regulations would be extended to the Coastal Zone for the first time. The proposed amendments would go into effect if your Board approves the modifications proposed by the Coastal Commission, and if the Commission then determines that the County’s approval is legally adequate.

DISCUSSION

On December 9, 2008, your Board approved a zoning text amendment establishing regulations for wireless telecommunication facilities for the unincorporated areas of San Mateo County. However, these regulations will not become effective in the Coastal Zone until approved by the Coastal Commission. For the past year, the County has had two separate regulations for wireless telecommunication facilities: the new regulations in Chapter 24.5 adopted by the Board on December 9, 2008 have applied outside the Coastal Zone, while the older Use Permit regulations in Chapter 24 have continued to apply within the Coastal Zone. After the Board’s approval of Chapter 24.5, County Planning staff submitted this new regulation for telecommunication facilities to the Coastal Commission as an amendment to the Local Coastal Program (LCP). On December 10, 2009, the Coastal Commission proposed modifications to this amendment. The amendments will go into effect if your Board accepts the modifications, and the Coastal Commission then finds that the County’s approval is legally adequate.

The amendment would extend zoning regulations for wireless telecommunication facilities that were adopted by the Board in December 2008 to the Coastal Zone. It would also incorporate suggested modifications proposed by the Coastal Commission to the existing zoning regulations for wireless telecommunications that would apply to all unincorporated areas of the County. The modifications are primarily clarifications in language that Coastal Commission staff thought important and do not materially change the intent or content of the existing regulations. Staff recommends accepting all of the Coastal Commission’s modifications as proposed.

Livable Communities 2025 Shared Vision: The proposed amendment will establish regulations in the Coastal Zone 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.

County Counsel has reviewed and approved the resolution and ordinance as to form and content.

FISCAL IMPACT

It is not anticipated that this proposed action would have any fiscal impact.