The City Council unanimously introduced an ordinance that updates the city code covering wireless facilities. The proposed ordinance will return to the council for adoption at a future date.
Background
Avalon hasn’t updated its regulations for antennas and wireless facilities since 1997, according to Bennett Givens, an associate with Best Best & Krieger. BB&K is the city’s legal advisor.
“The proposed ordinance seeks to update and streamline the City wireless regulations for facilities outside the public right-of-way in light of numerous federal and state laws and regulations that have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless facilities,” Givens wrote.
The new ordinance creates a new administrative wireless permit that is reviewed by the planning director, according to the Givens report. The new permit is required for eligible facilities, “collocation” facilities defined by the Government Code and new, small wireless facilities that will be placed on an existing structure, according to the Givens report.
“Site Plan Review Approval by the Planning Commission is required for (a) a new small wireless facility that involves placement of a new or replacement structure and (b) a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request,” Givens wrote.
“Conditional Use Permit and Site Plan Review approval is required for any other type of wireless facility that does not qualify for either site plan review or an administrative wireless permit described above,” Givens wrote.
“Generally, all wireless facilities must be designed to incorporate concealment elements and screening to be a stealth facility, and must be designed in the least visible means possible and be aesthetically compatible with the surrounding area and structures (e.g., color, materials, size, and scale),” Givens wrote.
“Wireless facilities are preferred in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R); and Public (P), and prohibited in flood plains, sensitive species areas, and on any parcel within a residential zone,” Givens wrote.
“Wireless facilities are subject to the height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground mounted equipment shall comply with all setback requirements of the underlying zone,” Givens wrote.
“On July 17, 2024, the Planning Commission held a duly noticed public hearing at which time
written and oral evidence was considered regarding the proposed amendments. The Planning Commission adopted Planning Commission Resolution No. 24-07, which recommends adoption of the proposed ordinance by the City Council,” Givens wrote.
