ORDINANCE NO. 2023-1530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, APPROVING A TEXT AMENDMENT TO SAN MARCOS MUNICIPAL CODE (SMMC) CHAPTER 20.465, WIRELESS TELECOMMUNICATION FACILITIES TA19-0002
City of San Marcos
WHEREAS, the Wireless Telecommunications Facilities Ordinance, San Marcos Municipal Code (SMMC) Chapter 20.465 was adopted on August 12, 2014 and provides a uniform and comprehensive set of procedures and standards for the development, siting, installation, and removal of Wireless Telecommunications Facilities, Amateur Radio Facilities, and Over-the-Air Receiving Devices; and WHEREAS, on September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the “Small Cell Order”); and WHEREAS, on August 12, 2020, the United States Court of Appeals for the Ninth Circuit invalidated many aesthetic restrictions in the Small Cell Order but largely upheld the other restrictions (City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020)); and WHEREAS, on June 28, 2021, the U.S. Supreme Court denied a Petition for Certiorari (Sprint Corp. v. FCC, No. 20-1354) and the Small Cell Order, as modified by the Ninth Circuit’s partial invalidation, is final with no further pending judicial review; and WHEREAS, the Development Services Department did study the Small Cell Order, and recommends approval of a Text Amendment and adoption of a new City Council Policy on Small Wireless Facilities within the Public Rights-of-Way; and WHEREAS, the proposed changes to the Wireless Telecommunications Facilities Ordinance and City Council Policy on Small Wireless Facilities within the Public Rights-of-Way were circulated and posted on the City’s website for a 30-day comment period from October 24 to November 3, 2022; and WHEREAS, on November 3, 2022, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, on January 17, 2023, the San Marcos Planning Commission held a duly noticed public hearing and recommended approval of said request and the appropriate environmental document for said request to the City Council by a 7-0 vote, in favor; and WHEREAS, on February 28, 2023, the City Council held a duly noticed public hearing in the manner prescribed by law to consider said request; and WHEREAS, the City Council did review and consider a Categorical Exemption (EX 22-043) pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3), Review for Exemptions – Common Sense Rule, in that adoption of this Ordinance and Policy would enact changes in land use regulations adding additional regulations and siting requirements on wireless facilities that would reduce their impacts, and it can be seen with certainty that its adoption will not have a significant effect on the environment because it will not allow for the development of any new or expanded wireless telecommunication facilities anywhere other than where they were previously allowed under existing federal, state and local regulations. Individual development applications will be reviewed under CEQA as they are proposed, and applications for wireless telecommunications facilities are themselves generally subject to a Class 3 CEQA exemption for construction, installation or conversion of small facilities or structures under CEQA Guidelines Section 15303.
NOW, THEREFORE, the City Council does hereby order as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Ordinance.
The City Council hereby approves and adopts this Text Amendment, as shown on attached Exhibits A, incorporated by reference and made a part of this Ordinance as though fully set forth herein.
The City Council’s decision is based on the following findings and determinations:
The proposed Text Amendment to the Zoning Ordinance and City Council Policy will not adversely affect the implementation of the San Marcos General Plan in that the Text Amendment and City Council Policy does not conflict with any goal, objective, or policy of the General Plan. The Text Amendment and City Council Policy is consistent with and will implement General Plan goal LU-17 in that it will encourage provision of power and communication systems that provide reliable, effective and efficient service for San Marcos.
The proposed Text Amendment to the Zoning Ordinance and City Council Policy will not be detrimental to the public health, safety, morals, and welfare in that the Text Amendment and City Council Policy will implement the Small Cell Order, in compliance with federal and California state law.
This Text Amendment and City Council Policy are Categorically Exempt (EX22-043) from environmental review pursuant to CEQA 15061(b)(3), Review for Exemptions.
This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall publish this Ordinance or the title hereof as a summary in a newspaper of general circulation in the City as required by law.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California, held on the 14th day of March, 2023.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
ATTEST: APPROVED AS TO FORM:
Phillip Scollick, City Clerk Helen Holmes Peak, City Attorney Ordinance No. 2023-1530
TA19-0002
February 28, 2023