20100511_r

RESOLUTION NO. _____________

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

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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

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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 this County to establish rules and regulations addressing certain land uses relating to the construction, design, siting, major modification, and operation of wireless communication facilities and their compatibility with surrounding land uses in the Coastal Zone; and

WHEREAS, on December 9, 2008, after holding an initial public hearing on October 28, 2008, the Board of Supervisors conducted a public hearing on the zoning text/LCP amendments relating to telecommunication facilities, 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 all public hearings; and

WHEREAS, the County of San Mateo intends to adopt and implement these amendments in a manner fully consistent with the California Coastal Act; and

WHEREAS, the matter herein is an individual amendment to the County’s 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; and

WHEREAS, on December 10, 2009, the Coastal Commission certified the amendments, subject to suggested modifications; and

WHEREAS, this Board agrees that the modifications to the County’s LCP Implementation Plan amendments suggested by the Coastal Commission are appropriate.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors:

1.

Acknowledges receipt of the Coastal Commission’s suggested modifications.

2.

Accepts and agrees to the suggested modifications, and has adopted, by ordinance and resolution, amendments to both the Zoning Regulations and the LCP, respectively.

3.

Agrees to issue Coastal Development Permits subject to the County’s certified LCP, as amended.

4.

Submits this resolution and said adopted ordinance to the Coastal Commission.

AND, BE IT FURTHER 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) 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 resolution 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.

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RESOLUTION NO. _____________

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

*** * * * * ***

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
______________________________________________________________


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 this County to establish rules and regulations addressing certain land uses relating to the construction, design, siting, major modification, and operation of wireless communication facilities and their compatibility with surrounding land uses in the Coastal Zone; and

WHEREAS, on December 9, 2008, after holding an initial public hearing on October 28, 2008, the Board of Supervisors conducted a public hearing on the zoning text/LCP amendments relating to telecommunication facilities, 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 all public hearings; and

WHEREAS, the County of San Mateo intends to adopt and implement these amendments in a manner fully consistent with the California Coastal Act; and

WHEREAS, the matter herein is an individual amendment to the County’s 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; and

WHEREAS, on December 10, 2009, the Coastal Commission certified the amendments, subject to suggested modifications; and

WHEREAS, this Board agrees that the modifications to the County’s LCP Implementation Plan amendments suggested by the Coastal Commission are appropriate.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors:

	1.	Acknowledges receipt of the Coastal Commission’s suggested modifications.

	2.	Accepts and agrees to the suggested modifications, and has adopted, by ordinance and resolution, amendments to both the Zoning Regulations and the LCP, respectively.

	3.	Agrees to issue Coastal Development Permits subject to the County’s certified LCP, as amended.

	4.	Submits this resolution and said adopted ordinance to the Coastal Commission.

AND, BE IT FURTHER 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) 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 resolution 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.

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