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HomeMy WebLinkAboutOrdinance 295 Wireless Facility FindingsAttachment ORDINANCE NO. 295 AN ORDINANCE ADDING ARTICLE 15-44 TO CHAPTER 15 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Findings 1. The City of Saratoga wishes to add Article 15-44 to the City Code to assist the City Council and Planning Commission in their review of Wireless Telecommunications Facilities. 2. The updates in this ordinance affect provisions of the City's zoning regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after duly noticed public hearings on June 13 and 27, 2012, recommended adoption of the updates to Chapter 15. 3. The City Council of the City of Saratoga held a duly noticed public hearing on August 15, 2012 and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. 15-44.010 Purpose of Article This Article establishes regulations pertaining to permitting requirements for wireless telecommunications facilities in all zones within the City. These regulations are designed to protect and promote public health, safety, community welfare and the aesthetic quality of the City as set forth within the goals, objectives and policies of the City's General Plan. 15-44.015 Definitions (a) "Wireless Telecommunications Facilities" includes any cables, wires, lines, wave guides, antennas, nodes, microwave dishes and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which an entity seeks to locate or has installed upon a tower or antenna support structure. (b) "Antenna Support Structure" includes a building or other structure other than a tower which can be used for location of Wireless Telecommunications Facilities. (c) "Co -location" is the use of a Wireless Telecommunications Facility, or tower or location, 1 Attachment by more than one wireless telecommunications provider. (d) "Stealth" means a wireless telecommunication facility that is architecturally integrated into a building or other concealing structure, such that no portion of any antenna, antenna equipment, or any other apparatus associated with the function of the facility is visible. (e) "Tower" means a vertical framework of cross elements, which supports either an antenna, mast or both. 15-44.020 Requirement for Design Review; public hearing (a) No building permit shall be issued for the construction of a wireless telecommunications facility, or the modification of an existing wireless telecommunications facility, within any zoning district until such structure has received design review approval by the Planning Commission pursuant to this article. The Community Development Department may specify application requirements to provide sufficient information for decision makers to make the design review findings. (b) A public hearing on the application for a wireless telecommunications facility under this article -shall be required. Notice of the public hearing shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing, postage paid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within 500 feet of the boundaries of the site. 15-44.025 Design Review Findings The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) That the wireless telecommunications facility is or can be co -located with another wireless telecommunications facility located on a structure or an existing utility pole/tower in the public right of way unless the applicant has demonstrated that such location is not technically or operationally feasible. (b) That the wireless telecommunication facility and related structures incorporate architectural treatments and screening to substantially include (1) appropriate and innovative stealth design solutions; (2) techniques to blend with the surrounding environment and predominant background; (3) colors and materials that are non -reflective; (4) exterior textures to match the existing support structure or building; and (5) reasonably compatible height with the existing surrounding environment. (c) That landscaping and fencing provide visual screening of the wireless communication facility's ground mounted equipment, related structures, and that fencing material is compatible with the image and aesthetics of the surrounding area. 15-44.030 Expiration of design review approval 2 Attachment Design review approval granted pursuant to this Article shall expire thirty-six months from the date on which the approval became effective, unless prior to such expiration date a building permit is issued and construction commenced. If such building permit expires, and the Building Official does not renew the building permit within one hundred eighty days after expiration, the Design Review approval shall expire. 15-44.035 Exemptions The following telecommunication facilities are exempt from the design review requirements set forth in this Article: (a) Satellite dish antenna. (b) Licensed amateur radio station antenna. (c) Government owned and operated telecommunications facilities. (d) Wireless communications facilities exempted from this Article by federal or state law. 15-44.040 Appeals to City Council A decision or determination made by the Planning Commission under this article may be appealed to the City Council in accordance with the procedure set forth in Article 15-90 of this Chapter. Section 2. Severance Clause. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, Staff is recommending amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. 3 Attachment Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteendays after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of August, 2012, and was adopted by the following vote following a second reading on the 5th of September, 2012. AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill Hunter, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None 6.T(tEt4ST: 41-64 Crys 1 Morrow City Clerk MAin, APPROVED AS TO FORM: IGNED• Page MAYOR, CITY OF SARATO ' A, DATE: I a f O( RICHARD TAYLOR, CITY ATTORNEY 4 FORNIA