RESOLUTION NO. 18 - 23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANT HILL
RECOMMENDING THAT THE CITY COUNCIL AMEND PLEASANT HILL MUNICIPAL CODE CHAPTER 18.67 (WIRELESS TELECOMMUNICATIONS FACILITIES); SECTION
18.85.010 (PURPOSE AND APPLICABILITY FOR ZONING PERMITS); SECTION
18.95.020 (APPROVAL AUTHORITY FOR USE PERMITS); AND SECTION 18.140 (DEFINITIONS) PURSUANT TO CEQA DETERMINATIONS
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to stay abreast of recent changes to a number of federal and state laws applicable to the siting of wireless telecommunications facilities; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance amendments was noticed for August 22, 2023 meeting where all interested persons might appear and be heard.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the City Council approve the exemption from CEQA and adopt the attached zoning ordinance (Exhibit A) based on the following findings:
Section 1. CEQA Finding
The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment. The ordinance does not authorize construction and will not result in a direct or indirect physical change in the environment. The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. Staff is hereby directed to file a Notice of Exemption with the County Clerk within five days of the adoption of this ordinance pursuant to Section 15062 of Title 14 of the California Code of Regulations; and
Section 2. Zoning Ordinance Amendment Findings
1. The new ordinance section shall be consistent with the policies of the General Plan; a. PFS-5.1 Provision of Utilities Work with public, quasi-public, and private utility providers as practicable to provide adequate levels of service to city residents.
The proposed ordinance amendment would update the City's regulations consistent with federal and state requirements as well as all applicable local codes and regulations to ensure telecommunication providers are able to provide adequate levels of service to city residents.
b. PFS-5.3: Co-Location of Telecommunication Facilities - Encourage compatible co-location of telecommunication facilities and work with service providers to site telecommunications facilities on City-owned property or public rights-of-way.
The proposed amendments would provide more precise provisions related to wireless telecommunications facilities in conformance with current state and federal law, including co-location requirements and streamlining provisions for certain applications. The amendments also clarify application processes for telecommunication facilities on City-owned property and public rights-of-way.
2. The ordinance amendment shall be consistent with the purpose of the Zoning Ordinance, which is to protect and promote the public health, safety and general welfare and implement the policies of the General Plan, more specifically:
a. Provide a precise guide for the physical development of the City to preserve the character and quality of the residential neighborhoods, foster convenient, harmonious and workable relationships among land uses and achieve the arrangement of land uses described in the General Plan.
The proposed amendments would provide more precise provisions related to wireless telecommunications facilities in conformance with current state and federal law. In addition, the proposed ordinance would provide greater consistency with the City's General Plan as noted in Section 2.1 above, b. Promote the economic stability of existing land uses.
The proposed ordinance amendment would clarify and update regulations to conform with current state and federal law thereby promoting the stability of these types of land uses and streamlining the review process for certain applications.
c. Prevent excessive population densities and overcrowding of land and buildings.
The proposed ordinance amendment would not result in excessive population and overcrowding and would not result in new development that would increase population density.
d. Ensure the provision of adequate open space for light, air and fire safety.
The proposed ordinance amendment would be in accordance with federal and state requirements as well as all applicable local codes and regulations to ensure adequacy of open space for light, air and fire safety. e. Ensure that service demands of new development will not exceed the capacities of existing streets, utilities or public services.
The proposed ordinance amendment would update and streamline provisions related to the siting of new wireless telecommunication facilities and modifications thereto. Individual applications for development of facilities are reviewed by various utilities to ensure adequate supply on a case-by-case basis. The operational nature of these types of facilities does not normally affect capacities of existing streets (generate no to minimal traffic) and public services (facilities are unmanned and licensed by the 2 FCC for safety purposes).
ADOPTED by the Planning Commission, City of Pleasant Hill, on the 22nd day of August 2023, by the following vote:
AYES: Cheney, Key, Khalfin, Vavrek, Wyler
NOES: None
ABSTAIN: David Field
ABSENT: Celia Chiang
TROY FUJIMOTO, Secretary
Planning Commission