To: HONORABLE MAYOR AND From: Stephen M. Haase[PL1]
CITY COUNCIL
COUNCIL
DISTRICT: Citywide
SUPPLEMENTAL
SUBJECT: UPDATE OF LAND USE POLICY FOR WIRELESS COMMUNICATION FACILITIES
RECOMMENDATION
The Director of Planning, Building and Code Enforcement recommends approval of the proposed update to the City Council Land Use Policy for Wireless Communications Facilities with the text modifications (attached) discussed below.
BACKGROUND
Please refer to the attached additional correspondence received subsequent to the distribution of the staff report for this item.
In the attached
correspondence, Peter Maushardt on behalf of Verizon Wireless, requests that
the City consider removal or further clarification of the text in Section 5
“Permit Expirations” of the proposed update to the Land Use Policy for Wireless
Communication Facilities. The same
issue and concern was raised in previous correspondence from two additional
industry representatives. That
correspondence and a staff response were included with the previous staff
report submitted to the City Council.
ANALYSIS
Representatives of three
wireless companies have objected that the proposed policy text regarding permit
time limitation requirements is vague and that its implementation could result
in a severe financial disincentive for investment in the development of the
wireless antenna infrastructure. They
request that the permit expiration either be removed from the Policy or be
rewritten to clarify the criteria by which the City may impose such time
limits.
It has been the City’s
practice for most of the past 10 years to include a time limit condition in the
permits for particular types of antenna installations. Early antenna installations made use of
large, visually obtrusive “wagon wheel” antenna arrays. In most cases, as the initial permits have
expired, and subsequent permit applications received, these have successfully
been replaced with more modern, slimmer antennas. Some “wagon wheel” antennas were initially approved without time
limits and therefore, over time have not been replaced with less obtrusive
antennas. The City’s practice of
including time limits in the permits for monopole antennas has resulted in a
substantial benefit to the City’s ability to upgrade the visual environment.
During the past three
years (2000-2002) the City received a total of 74 complete Conditional Use
Permit applications for antennas. At
present, 64 of these have been approved, 1 denied and 9 are still pending. Of the 64 approved, 27 (42.2%) included a
time limit condition. In all cases the
time limit term is for five years. With
a few exceptions, the time limit was only applied to stand alone monopoles without
any architectural treatment to provide camouflage or screening. A time limit was generally not applied to
antenna with architectural treatment such as enclosure within a steeple or bell
tower, for antenna attached to existing structures (e.g. parking lot lights,
ball field poles, utility towers) or for building-mounted antenna that did not
qualify for administrative approval.
During the same three-year time period, approximately 150 additional
antenna installations were approved through an administrative permit
process. These antenna were mounted on
either existing buildings or structures with some sort of visual treatment and
did not include time limit conditions.
These records indicate that the City has demonstrated an ability to
judiciously apply a time limit condition where such is of real benefit without
unduly constraining the ability of the wireless industry to develop its
infrastructure.
In subsequent
conversation with a representative of Verizon Wireless, it became clear that in
some cases, applicants are confused by a standard condition regarding a
standard expiration that occurs if a permit is not implemented. Almost all development permits issued by the
City include a condition that the Permit will automatically expire within two
years if a Building Permit has not been issued during that time. This particular condition does not in any
way apply to or limit the antenna use once it has been installed in accordance
with the issued permit.
To provide additional clarification to the proposed Policy update section regarding permit expirations, staff suggests including the following text additions (underlined) and deletions (indicated by strike-through):
“The City may include a time limit condition in use
Permits to provide for the future review of the subject antenna
installation. Changing development
patterns in the area (e.g., a prevailing change from commercial or
industrial to residential uses on surrounding properties OR the development of
taller buildings or structures in the near vicinity that provide superior
collocation opportunities), or the availability of improved
technologies, or other factors may prompt the City upon such review to
determine that opportunities have become available to replace the existing
antenna with a new antenna that has improved visual and land use
characteristics. The typical time limit
duration is for a five-year period, but based upon project specific
circumstances, a longer or shorter duration may be more appropriate. An extended permit duration of up to ten
years can be considered appropriate for smooth taper monopoles placed in
established light or heavy industrial areas. A time limit typically will not be applied to an antenna
installation that includes adequate architectural screening (e.g. enclosure
within a church steeple or clock tower structure) or that is mounted on an
existing utility structure. A
permit may include provisions for a time extension, but such an extension
should also be reviewed for possible impact-reducing improvements to the
project. In the event that a permit
expires, the antenna developed under the permit no longer has legal status and
should be removed by the property owner in order to comply with the City’s
ordinances.”
An additional copy of the entire proposed update to the Policy, including the above text, has also been attached for reference.
STEPHEN M. HAASE, DIRECTOR
Planning, Building and Code Enforcement