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HomeMy WebLinkAboutOrd 1862ORDINANCE NO. 1862-2011 AN INTERIM URGENCY ORDINANCE OF THE CITY OF BURLINGAME ESTABLISHING 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 Department received encroachment permit applications from two telecommunications companies, Extenet 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 desires to review and 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 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, it is necessary for the City to acY thoughtfully, carefully and deliberately in afield with rapidly evolving technology and to undertake a deliberative public process in order to establish policy, standards, and procedures related to the siting of wireless telecommunications facilities in a fair, equitable and rational manner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the City has received hundreds of commmiications 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 regarding the appropriate design restrictions on the placement of wireless telecommunications antenna and related facilities within the City. hi particular, the public comments strongly suggest an immediate need to examine whether the current Zoning Ordinance provisions should be revised to establish a comprehensive regulatory structure 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 and at public comment period during City Council meetings on July 18, 2011 and August 15, 2011. The City's current Zoning Ordinance has limited restrictions types on antenna in the City and no regulations at all 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 this moratorium ordinance to allow the City 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 2. Based upon the foregoing, the City Council hereby finds and declares that there exists a current and immediate threat to the public health, safety or welfare in that approval of additional land use E 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 3. Accordingly, pursuant to the provisions of California Government Code §65858, and based upon the recited facts herein, the City Council of the City of Burlingame does hereby adopt this Interim Urgency Ordinance 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 4. 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 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. With the exception of those applications referenced in section 5, below, 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 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 applications 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 5. 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 6. The City Council may, by ordinance adopted after a duly noticed public hearing, at a regularly scheduled 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 7. 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 forty-five (45) days from and after the date of its adoption or on October 21, 2011; 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 twenty-two (22) months and fifteen (15) days. SECTION 8. If any section, subsecfion, 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 9. This ordinance is hereby declared to be an urgency measure and shall become effecfive 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 10. This ordinance is hereby found to be categorically exempt from environmental review, pursuant to the prov Bions of Secfion 15061(b)(3) of the California Environmental Quality Act of 1970 Guidelines as amended. Terry N gel, May6r I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby cert ify that the foregoing interim urgency ordinance was introduced and adopted at a regular meeting of the City Council held on the 6a` day of September, 2011, by the following 4/5ths vote: AYES: Councihnembers: BAYLOCK, DEAL, BROWNRIGG, REIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE i Mary PlIen Kearney, City Cle k C!