Item 27 - Public Hearing Sunshine, Safe and Sane Fireworks, and Zoning Ordinance Updates

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Sunshine Ordinance Update, Safe and Sane Fireworks Ordinance Update, and Zoning Ordinance Update January 16, 2024 Page 5 Chapter 41— Wireless Communication Facilities, Billboards, Hotels, and Clean Up Items In an effort to clarify language, improve procedures, establish high -quality development standards, and create a user-friendly environment for residents and the business community, the Planning Division is proposing revisions to various sections of the Zoning Code. Wireless Communication Facilities Pursuant to sections 41-198.3(b) and 41-198.13 of the SAMC, major wireless communications facilities require approval of a conditional use permit (CUP) and are required to be renewed every 10 years. In reviewing and processing CUP renewals for wireless communications facilities, the City must consider provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits the ability of local agencies to impose additional conditions of approval when cell phone tower permits are renewed. These limits include additional stealthing if such screening or stealthing was not required at the time of original construction and/or seismic retrofits. At present, CUP renewals for wireless communication facilities must first submit an application for review by the City's Development Review Committee before an application for CUP renewal can be filed, as is the case with all discretionary actions. Once filed, the CUP renewal application request is considered for approval by the City's Planning Commission. Considering the Middle Class Tax Relief Act limits local governments' ability to impose additional conditions of approval on renewals and that facilities' location, height, design, and stealthing were all reviewed under the initial entitlements, the multi -level review and application process that is appropriate for a new facility is onerous for a renewal and not responsive to the current regulatory framework. Recognizing the onerous nature of the renewal process, the Planning Commission expressed a desire to delegate decision -making authority to the Executive Director of Planning and Building. Amending Section 41-198.13 of the SAMC will establish an administrative review process by which the Executive Director of Planning and Building may extend approvals of CUPs for major wireless facilities, provided the site and facility remain in compliance with conditions of approval of the original entitlement. The proposed administrative renewal, if approved, would be valid for ten (10) years, and could be extended for additional ten (10) year periods thereafter upon verification that the site and facility continue to comply with the conditions of approval and the Zoning Code. Billboards Table 41-1131 currently requires a minimum separation between billboards, but it does not address whether the separation requirement applies to billboards on the opposite or same side of the freeway. The proposed amendment to Table 41-1131 will specify that the minimum separation between billboards is applicable to billboards on the same side of the freeway.