The purpose of the
proposed ordinance is to exert maximum protection of residential
areas and open space. As such, section 17.12.050(C)(3)(c) of the
proposed ordinance expressly prohibits wireless telecommunication
facilities in residential zones. Because the 1996 Telecommunications
Act states that local jurisdictions cannot prohibit a carrier from
providing wireless service (i.e., from closing a significant gap in
its signal coverage), a facility may be approved in a residential
zone only in the extreme case that a carrier can prove that the
facility is the least intrusive means to close a significant gap in
its wireless coverage and no less intrusive alternative exists which
can provide the necessary coverage. This language is not a
loop-hole; rather it is required to ensure that the City complies
with Federal regulations, and both the City Attorney and Mr.
Campanelli recommend it be included. Furthermore, the language is
consistent with the City’s previous wireless facility ordinances
that were enacted in 1998 and 2010, which allowed for the same
exception.
In order to strengthen the City’s authority to protect residential
areas, this draft adds section 17.12.050(C)(3)(e) to establish
residential zones as the lowest priority (least desirable) location
to construct any new wireless facility. This section gives the CTC a
better set of tools to make the finding that proposed wireless
facilities (if submitted) in residential zones are not the least
intrusive means to close a significant gap; and creates an
additional standard to protect residential areas, that did not exist
in our previous ordinances. Finally, section 17.11.010 of the CMC
(land use table) does not permit wireless telecommunication
facilities in the OS and OS-DR zoning districts, and there are no
exceptions to this prohibition in the proposed ordinance. As a
result, the proposed ordinance will provide increased protection (to
the maximum extent allowable under State and Federal law) for
residential areas and will not allow any wireless facility in an
open space zone.
The proposed ordinance amendment represents a change in policy, and
includes regulations to implement that policy on a city-wide basis.
Accordingly, review for potential environmental impacts under the
California Environmental Quality Act (CEQA) is limited to a
programmatic level of analysis. The draft Negative Declaration
indicates that the proposed strengthening of the City’s regulatory
processes and standards for wireless facilities will not negatively
impact the environment. This conclusion is specific only to the
proposed ordinance, and does not have any bearing on potential
environmental effects that may be identified at a future time in
regard to any proposed wireless telecommunications facility (e.g., a
specific facility/project on a specific site). For any future
proposed wireless facility CEQA review must still be accomplished at
a project level; and that review could range from a Categorical
Exemption to a full Environmental Impact Report (EIR), depending on
the nature of the proposed project, site conditions, surrounding
neighborhood characteristics, etc.
Notice of Intent to adopt a Negative Declaration -
Wireless Telecommunication Facility Ordinance /File No. 120000070
Wireless Telecommunication Facilities Ordinance - Proposed Initial
Study/Negative Declaration
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