10-19-2010 - Code Amendment No. 09-04Wireless Telecommunication - Wireless hearing att. 3 (2).doc
PLANNING DEPARTMENT STAFF REPORT
CODE AMENDMENT NO. 09-04
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
I. DESCRIPTION OF APPLICATION
On October 13, 2009, the Planning Commission adopted Resolution No. 09-5339 initiating Code Amendment No. 09-04 related to wireless telecommunication facilities.
II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 09-04 to the City Council.
III. ENVIRONMENTAL DETERMINATION
The proposed code amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists
of a code amendment, which does not have the potential for causing a significant effect on the environment.
IV. BACKGROUND
On August 11, 2009, the Planning Commission requested that a code amendment be initiated regarding modifications to the West Covina Municipal Code related to wireless telecommunication
facilities, as sections of the Municipal Code that pertain to such facilities were last amended in 1997. Since that time, the design and requirements of wireless facilities have evolved.
Staff considered the types of issues that have occurred over the last few years and evaluated neighboring cities’ ordinances to determine if changes, modifications or clarifications
to West Covina’s ordinance are appropriate.
On October 13, 2009, the Planning Commission adopted Resolution No. 09-5339 initiating Code Amendment No. 09-04 related to wireless telecommunication facilities.
The Planning Commission held a study session on February 23, 2010 to review suggested changes to sections of the City’s wireless telecommunication facility ordinance. These changes
were based on staff’s identification of twelve issues related to the development and design standards currently in place for wireless facilities. During this study session, it was
determined that several of the issues needed to be further defined. Additionally, the Commission identified several more issues that needed to be further researched by staff.
A second study session was held on April 13, 2010 to review the issues that needed to be further defined or researched by staff after the initial study session. At the conclusion of
this review, the Commission directed staff to prepare a draft code amendment.
V. PROJECT DESCRIPTION AND ANALYSIS
Staff has completed a draft code amendment (Attachment 1). The proposed code amendment does not represent a major modification to the wireless telecommunications section of the Municipal
Code, as the sections and order remain the same. The following is a summary of the proposed changes to the existing wireless telecommunication facility ordinance:
Definitions (Sec. 26-685.982)
Removes outdated terminology including “Antenna Support Structure” and “Alternative Antenna Support Structure” and replaces them with “Free-standing Wireless Facility”.
Development Standards (Sec. 26-685.988)
Inclusion of standards that require City-owned properties to be considered before privately owned properties and prohibit wireless telecommunication facilities from violating the City’s
noise ordinance.
Additionally, inclusion of a standard that enables City staff to hire a communications consultant at the expense of the applicant if assistance is needed in understanding the technical
issues associated with a wireless telecommunications facility.
Design Standards (Sec. 26-685.989)
Inclusion of standards that define allowable materials for accessory support facility security fencing, prohibit accessory support facility lighting from illuminating outside of the
equipment area and require wireless telecommunication facility providers to obtain a business license from the City once the appropriate entitlement has been obtained.
Removes minimum one-half mile separation between wireless facilities and replaces with minimum one-quarter mile separation between wireless facilities.
Inclusion of standards that require wireless telecommunication facilities to be stealthed and accessory support facilities to be located underground when located in City-owned open space
or park facilities. Additionally, inclusion of standards that outline design criteria for wireless facilities designed as faux trees and define technological stealthing improvements
or upgrades to be made to existing wireless facilities in conjunction with modification or expansion (co-location).
Maintenance of Facilities (Sec. 26-685.992)
Inclusion of graffiti abatement and landscaping and lighting maintenance to existing requirement pertaining to the upkeep of wireless telecommunication facilities by the provider and/or
property owner.
Posting of Ownership Information (Sec. 26-685.994)
Inclusion of standard that requires that change of ownership notification be posted on-site within 60 days of ownership change.
Abandonment Provisions (Sec. 26-685.994)
Inclusion of standard that requires the provider to notify the City of its intent to remove the wireless facility at least 30 days prior to implementation.
VI. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 09-04 to the City Council.
PREPARED BY:
___________________________
Amy Davis
Planning Assistant
REVIEWED AND APPROVED:
___________________________
Jeff Anderson, AICP
Acting Planning Director
Attachments:
Attachment 1 - Code Amendment Resolution
Attachment 2 – Memorandum to Planning Commission, 2nd Study Session, April 13, 2010
Attachment 3 – Table, 2nd Study Session, April 13, 2010
Attachment 4 – Memorandum to Planning Commission, 1st Study Session, February 23, 2010
Attachment 5 – Table, 1st Study Session, February 23, 2010