HomeMy WebLinkAboutOrd 1867ORDINANCE NO. 1867-2011
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
BURLINGAME EXTENDING A MORATORIUM TO TEMPORARILY
PROHIBIT GRANTING OF APPROVALS FOR OR ISSUANCE OF
PERMITS FOR, WIRELESS TELECOMMUNICATIONS ANTENNA AND
RELATED FACILTIES UNDER GOVERNMENT CODE §65858
WHEREAS, pursuant to Government Code §65858, the City may, in order to protect the public
health, safety or welfare, enact an Interim Urgency Ordinance to prohibit certain uses which may be in
conflict with a contemplated General Plan or zoning proposal that the Legislative Body or Planning
Commission, or the planning division of the Community Development Department, is studying or intends
to study within a reasonable time; and
WHEREAS, in October of 2010, the City's Public Works Deparhnent received encroachment
permit applications from two telecommunications companies, Extent and T -Mobile, for the installation
of wireless telecommunication antenna in the public right-of-way, to be placed on the top of utility poles
and on a few city light poles in some areas of the City, as well as related facilities; there were and are no
City regulations addressing the placement of cell phone antennae in the public right-of-way; and
WHEREAS, the only City regulation regarding any form of antenna is in the building provisions
of the Municipal Code, Chapter 18.18; but this ordinance only addresses satellite dishes, "ham" radio
towers and "other antennae" which are mounted on the roof of a structure; these regulations are
inapplicable to the public right-of-way; and
WHEREAS, in order to provide some guidance for the placement of wireless antenna in the
public right of way, the Public Works Department developed administrative procedures for the grant of
wireless telecommunication antenna encroachment permits; however, these procedures are limited and do
not provide a comprehensive regulatory approach to the placement of wireless telecommunications
facilities within the City; and
WHEREAS, upon receipt of notification of the proposed facilities, a great number of residents,
by letter, telephone and email, vehemently raised objections and concerns regarding the placement of the
wireless telecommunications antenna near their residences, including adverse aesthetic impacts, negative
health effects of radio frequency emissions, impacts on property values and lack of necessity for the
facilities; and
WHEREAS, at a public hearing held before the City's Planning Commission on July 25, 2011,
numerous residents appeared to ask the Commission to protect their neighborhoods, to state their
opposition to the placement of wireless telecommunications antenna in residential districts, to request
that the City enact a moratorium and to ask that the City Council conduct a study session prior to
adopting any ordinance; and
WHEREAS, the City Council desired to review an
d study, and to also have the Planning
Division of the Community Development Department and the Planning Commission review and study,
the current design criteria, zoning regulations and building regulations relating to the placement of
wireless telecommunications facilities and appropriate design and suitable location for these facilities;
and
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WHEREAS, the uncontrolled siting of wireless telecommunications antenna, towers and other
facilities may have potentially significant adverse effects and cause irreparable harm to the City's
residential neighborhoods; and,
WHEREAS, long delays and uncertainty of the permit process due to lack of clear siting and
development standards is an unreasonable limitation upon the wireless telecommunications companies
seeking to provide wireless telecommunications services to the residents of the City; and,
WHEREAS, on September 6, 2011, in order to provide time to conduct such a review and study,
the City Council did adopt interim urgency ordinance No. 1862 establishing a moratorium to prohibit the
ssuance of approvals and permits for the placement of wireless telecommunications antenna and related
facilities within the City of Burlingame; and
WHEREAS, said moratorium shall expire on October 21, 2011 unless the Council takes action
to extend the moratorium in order to provide additional time for the consideration and drafting of a
carefully crafted ordinance to regulate wireless telecommunications antenna and related facilities; and
WHEREAS, on October 5, 2011, the City Council conducted a special study session with the
City Planning Commission so that it, the Commission and the residents could hear information about the
wireless telecommunications industry, RF emissions, the available wireless technology and the authority
of local agencies to regulate the placement of wireless telecommunications facilities; and
WHEREAS, the City Council finds that additional time is required for the study of this matter
and the preparation of an ordinance adopting regulations that are appropriate and necessary for the City
of Burlingame;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Notice of the public hearing to consider this ordinance extending the moratorium on the issuance
of approvals and permits for the placement of wireless telecommunications facilities within the City of
Burlingame was duly, properly and timely given as provided by law. A copy of said notice is attached
hereto.
SECTION 2.
The City Council finds that the City has continued to receive hundreds of communications from
City residents and representatives of neighborhood groups detailing significant issues and concerns
regarding the sufficiency of the City's current zoning regulations to address public health, safety, and
welfare issues in connection with the placement of wireless telecommunications antenna and related
facilities within the City. In particular, the public comments strongly suggest an immediate need to
examine whether the current Zoning Ordinance provisions should be revised to establish
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comprehensive regulations for the placement and construction of wireless telecommunications antenna
and related facilities within the City in order to preserve the integrity of residential neighborhoods
prevent degradation to the property interests of residents and preserve the aesthetic charm and character
of those residential neighborhoods. These expressions of concern and opposition to the construction of
wireless telecommunications antenna and related facilities occurred at the Planning Commission meeting
of July 25, 2011, at public comment period during City Council meetings on July 18, 2011 and August
15, 2011 and at the joint City Council -Planning Commission study session held on October 5, 2011.
The City's current Zoning Ordinance has limited restrictions for certain types on antenna in the
City and no regulations regarding the placement of wireless telecommunications antenna and related
facilities in the public right-of-way. Because of the outpouring of public opposition to the current
wireless antenna applications, because of staff review of the current Zoning Ordinance provisions
concerning same, because the City Council wants an opportunity to examine all issues related to the
placement and construction of wireless telecommunications antenna and related facilities, the City has
determined it necessary to adopt an extension to this moratorium ordinance to allow the City the required
time to study, prepare and consider a revision of the Zoning Ordinance to provide for comprehensive
regulations for the placement and construction of wireless telecommunications antenna and related
facilities in such locations and in such manner, as are appropriate and in furtherance of the public health,
safety or welfare.
SECTION 3.
Based upon the foregoing, the City Council hereby finds and declares that there continues to
exist a current and immediate threat to the public health, safety or welfare in that approval of additional
land use entitlements, and/or issuance of building or other permits for wireless telecommunications
antenna and related facilities will result in authorizing design and construction of such facilities
prejudicial to and potentially inconsistent with the contemplated review and revision to the City's
planning and zoning regulations.
SECTION 4.
Accordingly, pursuant to the provisions of California Government Cade §65858, and based upon
the recited facts herein, the City Council of the City of Burlingame does hereby adopt this Interim
Urgency Ordinance extending the moratorium to prohibit the issuance of approvals and permits for the
placement of wireless telecommunications facilities within the City of Burlingame because the placement
of such facilities may be in conflict with contemplated amendments of the Zoning Ordinance relating to
the design and location of wireless telecommunications antenna and related facilities within the City of
Burlingame.
SECTION 5.
Notwithstanding any other provisions of the Burlingame Municipal Code or any other
ordinances, regulations, or policies of the City of Burlingame to the contrary, no zoning or rezoning
changes, land use permits, building permits, grading permits, environmental design review permits, other
entitlements for use or environmental documents, or special encroachment permits shall be approved or
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granted involving the placement or construction of wireless telecommunications antenna and related
facilities, while this ordinance, or any lawfully enacted extension thereof, remains in effect. In regard to
any special encroachment permit applications, zoning or rezoning changes, land use permits, building
permits, grading permits, environmental design review permits, other entitlements, or environmental
documents involving or related to wireless telecommunications antenna and related facilities which are
under review by the City on the date of adoption of this ordinance, no building permit shall be issued in
connection with any such wireless telecommunications antenna and related facilities application within
the City. City staff shall not approve and/or issue any building permits, environmental design review
permits, grading permits, special encroachment permits or any other land use entitlements relating to the
design or construction of such wireless telecommunications antenna and related facilities after the date of
adoption of this ordinance and for so long as this ordinance or any lawfully enacted extension thereof,
shall remain in effect.
SECTION 6.
This moratorium ordinance shall not apply to the maintenance, repair or replacement of currently
existing wireless telecommunications antenna and related facilities, provided that such maintenance,
repair or replacement does not significantly alter the currently existing wireless telecommunications
antenna and related facilities.
SECTION 7.
The City Council may, by ordinance adopted after a duly noticed public hearing, at a regularly
scheduled City Council meeting, upon the affirmative vote of four council members, modify, amend,
delete, extend or add to this ordinance upon a finding that such action will implement and enforce the
goals, policies and purposes of this ordinance.
SECTION 8.
Pursuant to the pertinent provisions of California Government Code §65858, this interim urgency
ordinance shall expire and shall be of no further force and effect ninety-one (9 1) days from and after the
date of its adoption or on January 16, 2012; provided, however, that after notice and public hearing, the
City Council may, upon a four-fifths (4/5) affirmative vote, extend this interim urgency ordinance for an
additional period of time, not to exceed one year.
SECTION 9.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason declared
to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The,
City Council hereby declares that it would have adopted the ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid.
SECTION 10.
This ordinance is hereby declared to be an urgency measure and shall become effective
immediately upon adoption by four-fifths (4/5) vote of the City Council and shall remain in full force and
effect until adoption of a superseding ordinance as more particularly prescribed in §65858 of the
California Government Code The City Clerk is directed to forthwith publish a copy of this ordinance
with the names of the members voting for and against the same, at least once in a newspaper of general
circulation, published and circulated in the City of Burlingame.
SECTION 11.
This ordinance is hereby found to be categorically exempt from environmental review, pursuant
to the provisions of Section 15061(b)(3) of the California Environmental Quality Act of 1970 Guidelines
as amended.
Terry NagoMa ory q�—
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing
interim urgency ordinance was introduced and adopted at a regular meeting of the City Council held on
the 17th day of October, 2011, by the following 4/5ths vote:
AYES:
NOES:
ABSENT:
Councilmembers
Councilmembers
Councilmembers
BAYtOCK,
NONE
ONE
Mari Ellen Kearn
BROWNRIGG, DEAL, KEIGHRAN, NAGEL
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ey, City Cle