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HomeMy WebLinkAbout18-09 - Small Cell Design GuidelinesORDINANCE NO. 18-09 AN ORDINANCE OF THE CITY COUNCIL OF COSTA MESA, CALIFORNIA, AMENDING SECTION 19-15 OF THE MUNICIPAL CODE TO REFERENCE DESIGN GUIDELINES APPLICABLE TO SMALL CELL FACILITIES PROPOSED WITHIN PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY ORDAINS AS FOLLOWS: SECTION 1: FINDINGS The City Council finds as follows: WHEREAS, on May 31, 2018, the Planning Commission recommended to City Council approval of design guidelines for small cell telecommunications facilities as well as the subject Code Amendment; and WHEREAS, the City Council heard this item on September 4, 2018 and gave first reading to this Ordinance No. 18-09 on October 2, 2018 respectively, to revise Title 19, Article 4, Section 19-15 of the Municipal Code with respect to wireless telecommunications services provided by telephone corporations in the public right-of-way; and, WHEREAS, this Code Amendment CO -18-03 specifies that proposed facilities must comply with the wireless facilities design guidelines, as adopted by resolution of the City Council; and WHEREAS, the design guidelines implement General Plan Objective CD -1 A, which states, "Contribute to City beautification by enhancing the visual environment of Costa Mesa's vehicular and pedestrian paths and corridors"; and, WHEREAS, the design guidelines would provide greater direction and assure a degree of consistency in the wireless telecommunication facility design and configuration; and, WHEREAS, the design guidelines would not increase impediments to the installation of wireless communication facilities under Federal Telecommunications Act of 1996 but illustrates the desired level of design quality and configuration of any proposed wireless telecommunication facility; and WHEREAS, adoption of design guidelines by City Council resolution will increase administrative efficiencies should future amendments become necessary. Ordinance No. 18-09 Page 1 of 4 SECTION 2. MUNICIPAL CODE AMENDMENT: Title 19, Chapter IV, Article 4, Section 19-15, is hereby amended as follows: Section 19-15(c)(2): Except as provided in subsection (d) of this section any wireless telecommunication facility that is located in the city's public right-of-way and meets any of the following criteria shall require a wireless telecommunications use permit or master plan: a. If the antenna or any supporting equipment is not integrated with and screened by the proposed structure as illustrated in the design guidelines; b. If the facility requires an above ground cabinet/equipment; or c. If the facility is located within a five hundred (500) foot radius of a residential zone. Section 19-15(c)(6): Review criteria for the wireless telecommunications use permit or master plan application shall consist of the following: a. The final review authority shall limit their review to the factors allowed under federal and state law, including the following: 1. Compatible and harmonious relationship between the proposed facility and site development or use(s), that exists or has been approved for the general neighborhood. 2. Safety and compatibility of the design of the proposed facilities, relevant structures, landscaping, luminaries and other site features which may include functional aspects of the site development, including compliance with any applicable design guidelines, as adopted by resolution of the City Council. 3. Compliance with any performance standards for wireless telecommunications facilities as prescribed elsewhere in the Municipal Code, or by city policy; 4. Consistency with the general plan. b. The final authority may not consider any impact on the health, safety and welfare, or any information, evidence, or consideration that exceeds the authority allowed to it under federal or state law. Ordinance No. 18-09 Page 2 of 4 SECTION 3. ENVIRONMENTAL DETERMINATION. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), in that the City Council hereby finds that it can be seen with certainty that there is no possibility that this ordinance will have a significant adverse effect on the environment. The design guidelines provide general design criteria to improve the visual quality and compatibility of small cell facilities proposed within public right-of-way. SECTION 4. INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. PUBLICATION. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and member of the City Council voting for and against the same. Ordinance No. 18-09 Page 3 of 4 PASSED AND ADOPTED this 16th day of October, 2018. Sahidra . Genis, Mayor ATTEST: k .r Brenda Gree6, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) ss APPROVEf AS Thomas Dualp, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 18-09 was duly introduced for first reading at a regular meeting of the City Council held on the 2nd day of October, 2018, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 16th day of October, 2018, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Foley, Stephens, Genis NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mansoor ABSTAIN: COUNCIL MEMBERS: Righeimer IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of October, 2018. �&Mia OYSI.-- Brenda Gree City Clerk Ordinance No. 18-09 Page 4 of 4