HomeMy WebLinkAbout16 WIRELESS COMM. 10-21-02AGENDA REPORT
NO. 16
10-21-02
MEETING DATE: OCTOBER 21,2002 ~0_0-~0
TO:
FROM:
:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1260 - CODE AMENDMENT 02-005 (WIRELESS
COMMUNICATION FACILITY REGULATIONS AND GUIDELINES)
SUMMARY:
Code Amendment 02-005 (Ordinance No. 1260) is an amendment to Sections 9276b and
9276i of the Tustin City Code relating to Wireless Communication Facility Regulations and
Guidelines to define the addition of stealth antennas to existing facilities as Minor Wireless
Communication Facilities, which are subject to expedited review. On September 23, 2002,
the Planning Commission considered Code Amendment 02-005 and recommended that
the City Council adopt the amendment, to the existing Wireless Communication Facility
Regulations and Guidelines.
RECOMMENDATION:
Have second reading by title only and adoption of the following Ordinance No. 1260 (roll
call vote):
ORDINANCE NO. 1260 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SUBSECTIONS b AND i OF SECTION 9276 OF
THE TUSTIN CITY CODE, RELATING TO MINOR WIRELESS COMMUNICATIONS
FACILITIES
~~hief Deputy City Clerk
ORDINANCE NO. 1260
AN ORDINANCE OF THE COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING SUBSECTIONS b AND i of SECTION
9276 OF THE TUSTIN CITY CODE, RELATING TO MINOR
WIRELESS COMMUNICATIONS FACILITIES.
City Attomey's Summary
The City's current City Code regulates the erection and
maintenance of wireless communication facilities in the City.
The Ordinance distinguishes between minor and major
wireless communications facilities. This ordinance adds
stealth antennas, as defined, as minor wireless
communication facilities.
The City Council of the City of Tustin finds and determines that:
Ao
Stealth antennas in which the antennas are integrated into the
overall design of an existing pole or structure and do not extend
beyond the height of the existing structure on which the facility is
located are unobtrusive and often unnoticeable.
B,
Section 65850 of the Government Code allows the City to adopt
ordinances that regulate the location, height, bulk, and size of
structures and the intensity of land use.
C,
The proposed amendment is consistent with the policies of the
Tustin General Plan as follows:
Land Use Goal 4: Assure a safe, healthy, and aesthetically
pleasing community for residents and businesses.
Land Use Policy 6.2: Encourage and promote high quality
design and physical appearance in all development projects.
Land Use Policy 6.12: Review and revise, as necessary, the
City's development standards to improve the quality of new
development in the City and to protect the public health and
safety.
Do
The purpose of this Ordinance (Code Amendment 02-005) is to allow
stealth antennas for wireless communication facilities that are
integrated into existing structure(s) and do not extend beyond the
height of the structure(s) on which the facilities are located.
E,
That a public hearing was duly noticed, called, and held on Code
Amendment 02-005 on September 23, 2002, by the Planning
Commission. Following the public hearing, the Planning
Commission recommended approval of Code Amendment 02-005.
Fo
That a public hearing was duly noticed, called, and held on Code
Amendment 02-005 on October 7, 2002, by the City Council.
G,
This project would not have a significant effect on the environment,
and a Negative Declaration has been adopted.
The Council of the City of Tustin ordains as follows:
Section 1: Subsection b of Section 9276 of the Tustin City Code is
amended by amending the definition of "Minor wireless communication facility" to
read as follows:
"Minor wireless communication facility" means a wireless
communication facility that:
(1) Consists of a minicell; or
(2) Consists of one or more stealth antennas mounted on an
existing structure in a manner that does not extend beyond the
height or width of-such existing structure.
(3) Consists of building or roof mounted antenna that extends less
than ten (10) feet in height beyond the top of the existing
structure and does not exceed the maximum height permitted
in the zoning district in which the facility is located.
Section 2: Subsection b of Section 9276 of the Tustin City Code is
amended to by adding a definition for "Stealth antennas" in alphabetical order to
read as follows:
"Stealth antennas" means antennas and associated hardware that
are concealed within or placed on the surface of an existing
structure in a manner that such antennas replicate the features of
the existing building or are integrated into the overall design
features of the existing building so that they are not readily visible.
Section 3: Subsection i of Section 9276 of the Tustin City Code is
amended to read:
i Height Standards for Major Wireless Communication Facilities
No major wireless communication facility shall exceed by more
than ten (10) feet the maximum height permitted in the zoning
district in which the facility is located.
Section 4: This Ordinance shall become effective on the thirty-first day
after passage. The City Clerk shall certify to the adoption of this Ordinance and
cause this Ordinance to be posted at the designated posting places within the
City within fifteen days after passage and adoption as may be required by law.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this day of ,2002.
JEFFERY M. THOMAS, MAYOR
PAMELA STOKER, City Clerk
APPROVED AS TO FORM:
LOIS E. JEFFREY, City Attorney