10-19-2010 - Code Amendment No. 09-04Wireless Telecommunication - Wireless hearing report (2).doc
City of West Covina
Memorandum
A G E N D A
TO: Andrew G. Pasmant, City Manager
ITEM NO. E-2
DATE October 19, 2010
and City Council
FROM: Jeff Anderson, Acting Planning Director
SUBJECT: CODE AMENDMENT NO. 09-04
WIRELESS TELECOMMUNICATION FACILITIES
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO WIRELESS TELECOMMUNICATION FACILITIES
(CODE AMENDMENT NO. 09-04)
DISCUSSION:
On October 13, 2009, the Planning Commission initiated a code amendment related to wireless telecommunication facilities. The proposed amendment is intended to modify and update various
sections of the Municipal Code related to wireless telecommunication facilities, as sections of the Code that pertain to such facilities were last amended in 1997. Since that time,
the design and requirements of wireless facilities have evolved. The Planning Commission held two study session to evaluate what sections of the code to amend.
The need for the amendments includes updating terminology, clarifying existing code language, modifying existing development and design standards, as well as establishing new development
and design standards. Federal law states that no local government may regulate wireless facilities on the basis of environmental effects of radio frequency emission when the facility
is in compliance with Federal regulations on emissions. For more information on the proposed amendments, refer to the attached Planning Commission staff report dated September 14,
2010. The following is a list of the proposed code changes with a brief explanation of each:
Revision of terminology
Removes outdated terminology including “Antenna Support Structure” and ‘Alternative Antenna Support Structure” and replaces them with “Freestanding Wireless Facility”.
Location of wireless facilities on City-owned sites
Inclusion of a development standard that requires City-owned properties to be considered
before privately owned properties.
Minimum 100-foot separation between wireless facilities and single- or multi-family residences
Clarification of a development standard that specifies that 100-foot separation is measured from the wireless facility to the property line of the residentially zoned property.
Noise standards
Inclusion of a development standard that prohibits wireless telecommunication facilities from violating the City’s noise ordinance.
Staff assistance with technical issues
Inclusion of a development 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.
Security fencing for accessory support facilities (e.g., equipment cabinets)
Inclusion of development standards that define allowable materials for accessory support facilities and prohibit chain link fencing and barbed wire (unless specifically approved by the
Planning Commission in cases where a freestanding wireless facility and equipment cabinet are not visible from public view).
Lighting for accessory support facilities (e.g., equipment cabinets)
Inclusion of a development standard that prohibits accessory support facility lighting from illuminating outside of the equipment cabinet area.
Business licenses
Inclusion of a development standard that requires wireless telecommunication facility providers to obtain a business license from the City once the appropriate entitlement has been obtained.
Separation between wireless facilities
Removes the minimum one-half mile separation between freestanding wireless facilities and replaces it with a minimum one-quarter mile separation between freestanding wireless facilities.
Stealthing of freestanding wireless facilities
Inclusion of a development standard that requires all freestanding wireless telecommunication facilities to be stealthed to substantially reduce their visual and aesthetic impacts from
the surrounding public rights-of-way and adjacent properties.
Subterranean accessory support facilities (e.g., equipment cabinets)
Inclusion of a development standard that requires accessory support facilities to be located underground when located in City-owned open space or park facilities unless approved by the
Planning Commission (or City Council on appeal).
Design requirements for Wireless Facilities
Inclusion of requirement to design wireless towers to camouflage or conceal the presence of antennas. Specific design criteria are included for freestanding wireless facilities designed
as faux trees. Requirements include sock covers, as well as maximum density and length feasible for branches and fronds for antenna stealthing purposes. Requirements may also include
standards that a facility bear a realistic resemblance to the type of tree that it is designed after, with emphasis on features such as branches, fronds, leaves, needles, bulb diameter,
trunk shape and trunk diameter.
Requirements for co-location
Inclusion of development standards that define technological stealthing improvements or upgrades to be made to existing facilities in conjunction with modification or expansion (co-location).
Requirements for co-location include improvements or upgrades to aesthetics, landscaping, wiring and accessory support facilities.
Maintenance standards
Inclusion of graffiti abatement and landscaping and lighting maintenance to the existing development standard pertaining to the upkeep of wireless telecommunication facilities by the
provider and/or property owner.
Change of ownership
Inclusion of a standard that requires that change of ownership notification be posted on-site within 60 days of ownership change of the wireless facility.
Abandonment
Inclusion of a standard that requires the provider to notify the City of its intent to remove the wireless facility at least 30 days prior to implementation.
Staff has worked with the Planning Commission on the proposed changes to the wireless telecommunication facility section of the Municipal Code. The proposed code text is attached to
the ordinance.
PLANNING COMMISSION DISCUSSION AND RECOMMENDATION:
The Planning Commission initiated the code amendment on October 13, 2009. A study session was held on February 23, 2010 to review suggested changes to sections of the City’s ordinance.
A second study session was held on April 13, 2010 to review issues that needed to be further defined or researched by staff after the initial study session. At its meeting of September
14, 2010, the Planning Commission recommended approval of the code amendment 5-0.
FISCAL IMPACT:
It is not anticipated that any of the proposed amendments will result in any significant fiscal impact to the City.
Prepared by: Amy Davis Reviewed/Approved by: Jeff Anderson
Planning Assistant Acting Planning Director
Attachments:
Attachment 1 – Draft Code Amendment Ordinance
Attachment 2 – Planning Commission Resolution No. 10-5386
Attachment 3 – Planning Commission Staff Report, September 14, 2010
Attachment 4 – Planning Commission Minutes, September 14, 2010