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Home My WebLink AboutORD 1260 (2002)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 Attorney'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: 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 A~OPTED, at a,,reg,ular, meet!ng of the City Council for the City of Tustin on this mt 5~¢day of (~, 2002. JFC~F~ MCHOMAS, MAYOR APPROVED AS TO FORM: LOI~ E. JEFFREY~City~orney~l City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF OI:~NGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1260 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Ordinance No. 1260 had first reading by title only and introduction at the October 7, 2002 City Council regular meeting and was given its second reading by title only, passed, and adopted at the October 21, 2002 City Council regular meeting by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNClLMEMBER ABSTAINED: COUNClLMEMBER ABSENT: Thomas, Wodey, Bone, Doyle, Kawashima None None None Pamela Stoker, City Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN) I, Beverley White, Chief Deputy City Clerk of the City of Tustin, hereby certify, under penalty of perjurY, that I caused the posting of Ordinance No. 1260 in the public notice display case in front of the Council Chamber, 300 Centennial Way, Tustin, the public bulletin board at the Tustin Area Senior Center, 200 S. "C" Street, the public display case at Columbus Tustin Gym, 17522 Beneta Way, Tustin, and the public display case at the Tustin Library, 345 E. Main Street, Tustin. Beverley DATE: