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HomeMy WebLinkAbout21-Development Services ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Development Code Amendment No. 05-07 — A proposal to amend Section Dept: Development Services 19.20.030(3) of the Development Code to modify the development and design Date: November 28, 2006 standards for wireless telecommunications facilities. This Development Code Amendment will apply throughout the City of San Bernardino. MCC Date: December 18, 2006 ISynopsis of Previous Council Action: November 22, 2005: Legislative Review Committee recommended the amendment. Recommended Motion: That the hearing be closed and that the ordinance be laid over for adoption. Valerie C. Ross Contact person: Brian Foote, Associate Planner Phone: 384-5057 Supporting data attached: Staff Report Ward: City-wide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: Agenda Item No. "` S>16 7 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Development Code Amendment (DCA) No. 05-07, a City-initiated amendment to Section 19.20.030(3) of the Development Code to modify the development and design standards for wireless telecommunications facilities. BACKGROUND The Development Code Amendment will provide additional criteria for the permitting process for telecommunications monopoles, the placement and development standards for monopoles, and the design/aesthetic requirements for monopoles and related equipment (Exhibit 1). The proposal will apply to all uses that are subject to Section 19.20.030(3) and to all land use districts within the City of San Bernardino. On November 22, 2005, the City of San Bernardino Legislative Review Committee considered the proposed amendment and directed staff to prepare a staff report to the Planning Commission. On January 10, 2006, the Planning Commission considered the proposed amendment and recommended that the Mayor & Common Council approve DCA No. 05-07 based on the Findings of Fact contained in the Staff Report (Exhibit 2). Commissioners Durr, Heasley, Munoz, Powell, and Sauerbrun voted in favor of the recommendation. Commissioners Brown, Coute, Enciso, and Morris were absent. ANALYSIS The proposed amendment is the result of recently approved projects allowing the installation of wireless telecommunications towers in the vicinity of residentially designated properties. The proposed amendment will codify additional criteria applicable to the permitting process for monopoles, the placement and development standards for monopoles, and the design/aesthetic requirements for monopoles and related equipment. The proposed amendment is consistent with several General Plan goals and policies, as explained in the Planning Commission Staff Report (Exhibit 2). The proposed amendment is intended to reduce potential land use conflicts, especially for adjacent residential properties, and clarify and simplify the application process for developers. The additions and modifications to Section 19.20.030(3) of the Development Code are summarized on the following page. DCA No. 05-07 Hearing Date: Dec. 18, 2006 Page 2 1. Add the word "monopoles" to Section 19.20.030(3). 2. Add the following sentence to Section C: 7. Placement of a monopole or antenna (except as provided above) located within 75 feet from a property designated residential, or within 75 feet from an existing residence." 3. Renumber Nos. 5 through 12 within Section D. 4. Add the following sentence to Section D: "5. No part of any monopole shall be located within ten (10) feet of any property line." 5. Add the following sentence to No. 6 of Section D: "Equipment shelter buildings shall be architecturally compatible with existing buildings on the site, as well as the surrounding properties, and shall be subject to the architectural Design Guidelines of the Development Code. Design features include, but are not limited to, split-face concrete block, slump stone, stucco, faux roof with pitch, etc." 6. Add the following sentence to Section D: "14. Camouflaged monopoles shall have heavy-density branch coverage per the manufacturer's specifications (e.g. a minimum of 60 palm fronds or a minimum of 100 pine branches). Antennae shall be painted to match the structure or camouflaged with an approved concealment. A minimum of one-half of the length of the monopole shall be covered with a simulated bark cladding." FINANCIAL IMPACT None. RECOMMENDATION Staff recommends that the hearing be closed and that the ordinance be laid over for adoption. Exhibits: 1. Ordinance 2. Planning Commission Staff Report Exhibit 1 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS), SECTION 19.20.030 (3) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) 4 RELATED TO ANTENNAS, SATELLITE DISHES, AND TELECOMMUNICATIONS 5 FACILITIES. 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 8 SECTION 1. Chapter 19.20, Section 19.20.030(3), relating to antennas, satellite dishes, 9 and telecommunications facilities of the Municipal Code (Development Code) is amended to 10 modify standards for telecommunications facilities, including monopoles, subject to the approval 11 of the Development Services Director or the Planning Commission in all land use districts as 12 shown in Attachment 1 attached hereto and incorporated herein by reference. 13 SECTION 2. Severability. In the event that any provision of this Ordinance, or any part 14 thereof, or any application thereof to any person or circumstance, is for any reason held to be 15 16 unconstitutional or otherwise invalid or_ineffective by any court of competent jurisdiction on its 17 face or as applied, such holding shall not affect the validity or effectiveness of any of the 18 remaining provisions of this Ordinance, or any part thereof, or any application thereof to any 19 person or circumstance or of said provision as applied to any other person or circumstance. It is 20 hereby declared to be the legislative intent of the City that this Ordinance would have been 21 adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. 22 23 24 25 26 27 28 1 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 CHAPTER 19.20 (PROPERTY DEVELOPMENT STANDARDS), SECTION 19.20.030 (3) OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) 3 RELATED TO ANTENNAS, SATELLITE DISHES, AND TELECOMMUNICATIONS FACILITIES. 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 8 on the day of , 2006, by the following vote to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 16 JOHNSON 17 MC CAMMACK 18 19 City Clerk 20 The foregoing ordinance is hereby approved this day of .12006. 21 22 PATRICK J. MORRIS, Mayor City of San Bernardino 23 Approved as to form 24 and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 By: 28 2 Attachment 1 CITY OF SAN BERNARDINO DEVELOPMENT CODE EXCERPT CHAPTER 19.20 PROPERTY DEVELOPMENT STANDARDS 19.20.030 GENERAL STANDARDS 3. ANTENNAS, SATELLITE DISHES AND TELECOMMUNICATIONS FACILITIES All antennas, telecommunications facilities, (monopoles), and satellite dishes shall be installed in the following manner, subject to the appropriate entitlement: MC 1090 11/20/00 A. EXEMPTIONS The following installations in residential districts are exempt from the provisions of this section: 1. The installation of one (1) ground mounted satellite dish antenna in the rear yard which is less than 10.5 feet in diameter and less than 12 feet in height; . 2. One (1) satellite dish antenna which is less than 24 inches in diameter may be installed on a building provided that such antenna does not extend above the eaveline of said building; 3. Residential single-pole or tower roof or ground mounted television, or amateur radio antennas where the boom of any active element of the array is 30 feet or less and the height does not exceed 75 feet. B. DIRECTOR REVIEW The following shall be reviewed by the Director, subject to a Development Permit: 1. Antennas up to a maximum of 15 feet in height that are mounted on a building or rooftop and that are screened from view from all adjacent public rights-of-way. 2. Antennas that are architecturally integrated with a building or structure so as not to be recognized as an antenna, such as clock towers, carillon towers and signs. 3. Antennas mounted on other existing structures including, but not limited to, water tanks, pump stations, utility poles, ball field lighting where antenna height does not exceed structure height. 4. Co-location of existing equipment on an existing City-approved support structure. 5. Modification of existing telecommunications facilities where the physical area of the reconfigured or altered antenna shall not exceed 15 percent of the original approval: a. Three (3) or more additional whip antenna(15 feet maximum height); b. The reconfiguration or alteration of existing antenna on a single support structure; C. Additional dishes up to 4 feet in diameter; d. Increased height of an existing antenna up to 75 feet. 6. Stand-alone monopoles camouflaged as palm trees, pine trees or other natural objects, within a grouping of similar natural objects. C. PLANNING COMMISSION REVIEW The following shall be reviewed by the Planning Commission, subject to a Conditional Use Permit: 1. Increased height of an existing, approved antenna that exceeds 75 feet in height. 2. New stand-alone monopoles that exceed 75 feet in height. 3. New ground mounted, uncamouflaged monopoles up to 75 feet in height. 4. All other wireless communication facilities, including lattice towers. 5. Placement of an antenna on any building not screened from public view. 6. On residentially designated property that is developed with a legal non-residential use (e.g., school, church, etc.). 7. Placement of a monopole or antenna (except as provided above) located within 75 feet from a property designated residential, or within 75 feet from an existing residence. D. DEVELOPMENT AND DESIGN STANDARDS 1. The antenna, support structure and associated equipment shall not be located within any residential land use district except as provided by Section 19.20.030(3)(A) and 19.20.030(3)(D)(5). 2. A maximum of one (1) satellite dish antenna shall be permitted per lot except retail locations selling and displaying satellite dish antennas and/or televisions may have more than one (1) such antenna. 3. No part of any satellite dish antenna shall be located within a required front yard, side yard, or on the street side of a corner lot. 4. No part of any satellite dish antenna shall be located within three (3) feet of any property line. 5. No part of any monopole shall be located within ten (10) feet of any property line. 6. Associated equipment shall be located within a completely enclosed structure or otherwise screened from view. E ui ment shelter buildings shall be architecturally compatible with existing buildings on the site as well as the surrounding properties and shall be subiect to the architectural Design Guidelines of the Development Code. Design features include but are not limited to split-face concrete block slump stone stucco faux roof with pitch etc. 7. Fencing shall be wrought iron or similar decorative material and shall be consistent with the provisions of Section 19.20.030(8). Prohibited fencing includes chain link, razor wire and barbed wire. (Note: this was part of no. 6, but is being separated out.) 8. The antennae shall be sited to assure compatibility with surrounding development and not adversely impact the neighborhood. 9. Antennas and support equipment shall be sited to minimize views from the public rights-of-way. Landscaping may be required to screen the tower, equipment buildings or support structures from viex�. 10. If an antenna is attached or integrated into a building, it shall be painted to match the color of the building and/or covered with similar materials, subject to approval of the Director. 11. If not camouflaged, antenna and monopoles shall be a single, non- glossy color (e.g., off-white, cream, beige, green, black, or gray). 12. Antenna structures shall conform to Federal Aviation Administration regulation AC70/7460 latest edition. This may include beacons, sidelights and/or strobes. 13. The operation of the antennae shall not cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer,. inclusive of the City's trunked 800MHz public safety radio system, etc.) unless exempted by Federal regulation. 14. A support structure may be required to be adequately designed for a co-location on another company's equipment, of no more than two companies. If co-location is proposed, the application shall be reviewed by the Director, subject to a Development Permit. 15. Camouflaged monopoles shall have heavy-density branch coverage per the manufacturer's specifications (e.a a minimum of 60 palm fronds or a minimum of 100 ) P ine branches). Antennae shall be painted to match the structure or camouflaged with an approved concealment. A minimum of one-half of the length of the monopole shall be covered with a simulated bark cladding. Exhibit 2 or SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment No. 05-07 - AGENDA ITEM: 5 HEARING DATE: January 10, 2006 WARD: City Wide OWNER: APPLICANT: N/A City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 REQUEST & LOCATION: A request for approval of a Development Code Amendment to Section 19.20.030(3) to modify the development and design standards for wireless telecommunications facilities. This Development Code Amendment will apply throughout the City of San Bernardino. CONSTRAINTS/OVERLAYS: N/A. ENVIRONMENTAL FINDINGS: ❑ Not Applicable ® Exempt from CEQA, Section 15305 - Minor Alterations to Land Use Limitations ❑ No Significant Effects ❑ Previous Negative Declaration ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: ❑ Approval ❑ Conditions - ❑ Denial ❑ Continuance to: Development Code Amendment No. 05-07 Meeting Date:Januanj 10, 2006 Page 2 REQUEST & LOCATION This is a City-initiated amendment to Section 19.20.030(3) of the Development Code, to modify the development and design standards for wireless telecommunications facilities. This Development Code Amendment will apply throughout the City of San Bernardino in all land use districts, and to all uses that are subject to Section 19.20.030(3). A strikethrough version of the proposed amendments is included as Attachment A. BACKGROUND The City of San Bernardino Legislative Review Committee considered proposed modifications and updates to Development Code Section 19.20.030(3) at their meeting of November 22, 2005. Based on the recommendation of staff, the Legislative Review Committee then directed the Planning Division to complete a Development Code Amendment. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CE A) STATUS Planning staff reviewed the project according to the requirements of the California Environmental Quality Act, and the proposed amendment qualifies for a Categorical Exemption from environmental review under the California Public Resources Code, Section 15305 for Minor Alterations to Land Use Limitations, pertaining to the development standards for wireless telecommunications facilities. FINDINGS OF FACT 1. Is the proposed amendment consistent with the General Plan? Yes, the proposed amendment is consistent with a number of General Plan goals and policies, and will provide additional criteria to the entitlement process for monopoles, the placement and development standards of monopoles, and the design/aesthetic requirements for monopoles and related equipment. The proposed amendment that expands the requirement for a Conditional Use Permit is consistent with Policy 2.10.3 in the Land Use Element, which states, "Ensure that residents of the City of San Bernardino have the opportunity to provide input to the determination of future land use that may significantly affect the character and quality of life." The proposed modification pertaining to location and placement are consistent with Goal 2.2, which states, "Promote development that integrates with and minimizes impacts on surrounding land uses." The amendments are also Development Code Amendment No. 03-07 Meeting Date:January 10, 2006 Page 3 consistent with Policy 2.2.1 in the Land Use Element, which states, "Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element." The amendment also meets the intent of Policy 5.7.9 in the Community Design Element, which states, "Ensure the scale and massing of office, commercial, and industrial uses are sensitive to the context of surrounding residential development." The proposed modification pertaining to architecture and aesthetics are consistent with Policy 2.5.4 in the Land Use Element, which states, "Require that all new structures achieve a high level of architectural design and provide careful attention to detail." These proposed modifications to Development Code Section 19.20.030(3) will implement several goals and policies contained in the General Plan. Therefore, the proposed amendments will be internally consistent with the General Plan. 2. Would the proposed aniendncent be detrimental to the public interest, health, safety, convenience, or zaelfare of the City? No, the proposed amendment would not be detrimental to the public interest, health, safety, convenience, and welfare. The proposed amendment would actually benefit the public interest, health, safety, and welfare of the City in that it will provide clarification to the placement, development standards, and design criteria that are applicable to telecommunications facilities, which will preserve and enhance aesthetics within the `City. Ultimately, the amendments will promote the preservation and enhancement of property values within the City. CONCLUSION The proposal meets all necessary Findings of Fact for approval of the Development Code Amendment. RECOMMENDATION Staff recommends that the Planning Commission recommend that the Mayor and Common Council approve Development Code Amendment No. 05-07 based upon the Findings of Fact contained in this Staff Report. Development Code Amendment No. 05-07 Meeting Date:January 10, 2006 Page 4 Respectfully Submitted, qt James Funk Director of Development Services Brian Foote Assistant Planner Attachment A Proposed Amendment to Development Code Development Code Amendment No. 05-07 Meeting Date:January 10, 2006 Page 5 Attachment A CITY OF SAN BERNARDINO Development Code Excerpt CHAPTER 19.20 IPROPERTY DEVELOPMENT STANDARDS 3. ANTENNAS, SATELLITE DISHES AND TELECOMMUNICATIONS FACILITIES All antennas, telecommunications facilities, (monopoles), and satellite dishes shall be installed in the following manner, subject to the appropriate entitlement: MC 1090 11/20/00 A. EXEMPTIONS The following installations in residential districts are exempt from the provisions of this section: 1. The installation of one (1) ground mounted satellite dish antenna in the rear yard which is less than 10.5 feet in diameter and less than 12 feet in height; 2. One (1) satellite dish antenna which is less than 24 inches in diameter may be installed on a building_provided that such antenna does not extend above the eaveline of said building; 3. Residential single-pole or tower roof or ground mounted television, or amateur radio antennas where the boom of any active element of the array is 30 feet or less and the height does not exceed 75 feet. B. DIRECTOR REVIEW The following shall be reviewed by the Director, subject to a Development Permit: 1. Antennas up to a maximum of 15 feet in height that are mounted on a building or rooftop and that are screened from view from all adjacent public rights-of-way. 2. Antennas that are architecturally integrated with a building or structure so as not to be recognized as an antenna, such as clock towers, carillon towers and signs. Development Code Amendment No. 05-07 Meeting Date:Januanj 10, 2006 Page 6 Attachment A 3. Antennas mounted on other existing structures including, but not limited to, water tanks, pump stations, utility poles, ball field lighting where antenna height does not exceed structure height. 4. Co-location of existing equipment on an existing City-approved support structure. 5. Modification of existing telecommunications facilities where the physical area of the reconfigured or altered antenna shall not exceed 15 percent of the original approval: a. Three (3) or more additional whip antenna (15 feet maximum height); b. The reconfiguration or alteration of existing antenna on a single support structure; C. Additional dishes up to 4 feet in diameter; d. Increased height of an existing antenna up to 75 feet. 6. Stand-alone monopoles camouflaged as palm trees, pine trees or other natural objects, within a grouping of similar natural objects. C. PLANNING COMMISSION REVIEW The following shall be reviewed by the Planning Commission, subject to a Conditional Use Permit: 1. Increased height of an existing, approved antenna that exceeds 75 feet in height. 2. New stand-alone monopoles that exceed 75 feet in height. 3. New ground mounted, uncamouflaged monopoles up to 75 feet in height. 4. All other wireless communication facilities, including lattice towers. 5. Placement of an antenna on any building not screened from public view. 6. On residentially designated property that is developed with a legal non- residential use (e.g., school, church, etc.). 7. Placement of a monopole or antenna (except as provided above) located within 75 feet from a property designated residential or within 75 feet from an existing residence. Development Code Amendment No, 05-07 Meeting Date:January 10, 2006 Page 7 Attachment A D. DEVELOPMENT AND DESIGN STANDARDS 1. The antenna, support structure and associated equipment shall not be located within any residential land use district except as provided by Section 19.20.030(3)(A) and 19.20.030(3)(D)(5). 2. A maximum of one (1) satellite dish antenna shall be permitted per lot except retail locations selling and displaying satellite dish antennas and,'or televisions may have more than one (1) such antenna. 3. No part of any satellite dish antenna shall be located within a required front yard, side yard, or on the street side of a corner lot. 4. No part of any satellite dish antenna shall be located within three (3) feet of any property line. 5. No part of any monopole shall be located within ten (10) feet of any property line. 6. Associated equipment shall be located within a completely enclosed structure or otherwise screened from view. Equipment shelter buildings shall be architecturally compatible with existing buildings on the site as well as the surrounding properties and shall be subject to the architectural Design Guidelines of the-Development Code Design features include, but are not limited to, split-face concrete block slump stone stucco faux roof with pitch, etc. 7. Fencing shall be.wrought iron or similar decorative material and shall be consistent with the provisions of Section 19.20.030(8). Prohibited fencing includes chain link, razor wire and barbed-wire. (Note: this was part of no. 6, but is being separated out.) . 8. The antennae shall be sited to assure compatibility with surrounding development and not adversely impact the neighborhood. 9. Antennas and support equipment shall be sited to minimize views from the public rights-of-way. Landscaping may be required to screen the tower, equipment buildings or support structures from view. 10. If an antenna is attached or integrated into a building, it shall be painted to match the color of the building and/or covered with similar materials, subject to approval of the Director. 11. If not camouflaged, antenna and monopoles shall be a single, non-glossy color(e.g., off-white, cream, beige, green, black, or gray). Development Code Amendment No. 05-07 Meeting Date:January 10, 2006 Page 8 Attachment A 12. Antenna structures shall conf n, + -.,.'eral Aviation Administration regulation AC70/17460 latest edi, _ T r , nay include beacons, sidelights and/or strobes. 13. The operation of the antennae s- a-- ..ot cause interference with any electrical equipment in the surrounding neighborhoods (e.g., television, radio, telephone, computer, inclusive of the City's trunked 800MHz public safety radio system, etc.) unless exempted by Federal regulation. 14. A support structure may be required to be adequately designed for a co- location on another company's equipment, of no more than two companies. If co-location is proposed, the application shall be reviewed by the Director, subject to a Development Permit. 15. Camouflaged monopoles shall have heavy-density branch coverage per the manufacturer's specifications (e.g. a minimum of 60 palm fronds or a minimum of 100 pine branches). Antennae shall be painted to match the structure or camouflaged with an approved concealment A minimum of one-half of the length of the monopole shall be covered with a simulated bark cladding.