CLEARLAKE, Calif. – The Clearlake Planning Commission finalized its recommendation for an amendment to the city's zoning ordinance concerning the regulation of wireless communications when it convened on Tuesday evening.
The Clearlake City Council will consider the proposed amendment at its next regular meeting on Aug. 27 at Clearlake City Hall.
The proposed amendment would add a new chapter to the city's zoning ordinance for the purpose of authorizing – to the extent allowed by federal and state law – the regulation of telecommunication services and systems within the city.
The goal is that the amendment would help the city to uphold the public trust by balancing the significant benefits to the community of such services and systems with protections for public health, safety and welfare.
Gary Price, the city's contracted planner, said several applications recently have been received for the development of wireless facilities, consisting mostly of proposals to install large cellular transmission towers.
The city currently does not have any regulations that specifically address these types of applications, which he said are subject to use permits approved by the planning commission.
According to Price, certain state and federal laws limit the regulations which a city may exercise over a wireless communications provider.
“Public utilities licensed by the state Public Utilities Commission, such as power companies and telecommunications companies, have the right to locate their facilities within a local agency's public right-of-way, subject to reasonable time, place and manner restrictions,” he said. “Court decisions hold that a city can regulate these types of antenna on aesthetic grounds as long as the regulations and the city's application of the regulations do not bar a telecommunications company's ability to provide wireless service.”
Price said the applicant must provide information demonstrating that the placement of the antenna is necessary to cover gaps in their wireless service.
If such evidence is not provided, he said the city can deny the permit.
“If the applicant produces such evidence, then the city, if it wishes to prevent the placement of the antenna, must produce evidence that there is a viable and feasible alternative antenna site, with less aesthetic impact, which will cover the gaps in service,” he said.
Staff developed the proposed ordinance adding a chapter to the city's zoning code using the county's wireless ordinance as a model.
It is expanded to not only include review of new wireless facilities on private land, but also addresses facilities proposed for location on within public rights-of-way.
The proposed ordinance contains provisions addressing the following specifics:
– Provides regulations for all wireless communications facilities citywide.
– Encourages latest technology, including “stealth” facilities, to reduce visual impact.
– Requires periodic reporting regarding compliance with federal, state and local laws.
– Requires providers to consolidate, co-locate their facilities.
– Requires information regarding location need and alternative sites analysis.
Additionally, Price said the proposed ordinance address concerns previously expressed by the planning commission related to road conditions and the potential impact construction and maintenance vehicles could have on city streets, particularly dirt street that have limited improvements and poor drainage.
According to Price, staff conducted considerable public outreach throughout the past month including normal public noticing and correspondence with local representatives of the wireless industry.
He said no public comments on the proposed regulations were received.
The public will have further opportunity to comment when the city council entertains a public hearing on the matter at its Aug. 27 meeting.
The proposed document is also available for review at city hall and on the city's Web site, www.clearlake.ca.us , or can be seen below.
Email reporter Denise Rockenstein at This email address is being protected from spambots. You need JavaScript enabled to view it. .
Clearlake Planning Commission forwards wireless communication rules recommendation to city council
- Denise Rockenstein
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