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HEARING - Planning and Building Department, Long Range Planning Unit, recommending the Board consider the proposed amendments to Section 130.40.130 of the Zoning Ordinance (Communications Facilities) and staff recommending the Board of Supervisors take the following actions as recommended by the Planning Commission on October 24, 2024:
1) Adopt the Addendum to El Dorado County’s General Plan Environmental Impact Report (EIR), certified in May 2003 (State Clearinghouse Number 2001082030) (Attachment F) demonstrating that the analysis in that EIR adequately addresses the potential physical impacts associated with implementation of the amendments to Section 130.40.130 of the Zoning Ordinance (Communications Facilities), and the amendments would not trigger any of the conditions described in California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15164 calling for the preparation of a subsequent EIR or negative declaration based on the analysis prepared; and
2) Approve and authorize the Chair to sign Ordinance 5217 to amend Section 130.40.130 (Communications Facilities) as proposed with incorporation of the additional changes recommended by the Planning Commission on October 24, 2024, based on the Findings in Attachment F; and
3) Direct staff to return to the Planning Commission in two years to evaluate the changes to the ordinance.
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DISCUSSION/BACKGROUND
On April 13, 2021, the Board directed Long Range Planning (LRP) staff to proceed with specific Zoning Ordinance amendments based on issues and concerns discovered by staff and decision-makers during the implementation of the ordinance over approximately the past five years (Refer to LRP Work Plan for FY 2021-22, (Legistar file 21-0502). Board-directed amendments included revisions to the following Chapters/Sections: Chapter 130.36 (Signs), Chapter 130.39 (Oak Resources Conservation), and Section 130.40.130 (Communications Facilities). On July 30, 2024, the Board reviewed the LRP Work Plan for FY 2024-25 (Legistar file 24-1332) and further directed staff to move the amendments to the above Chapters/Sections forward for adoption as soon as they are completed.
On December 7, 2021 (Legistar file 21-1753), the Board approved Agreement 5857 with Dudek Consulting to provide expertise and assist staff with the development of draft Zoning Ordinance amendments for: Chapter 130.36 (Signs); Chapter 130.39 (Oak Resources Conservation); and Section 130.40.130 (Communications Facilities). On November 5, 2024 (Legistar file 24-1521), the Board approved Amendment 1 to Agreement 5857 to extend the term of the Agreement by one year to December 6, 2025, to allow for additional time to assist staff with the above amendments.
The Board requested specific amendments to Section 130.40.130 (Communications Facilities) to meet the following goals:
1. Consistency with federal and state law;
2. Clarify process for co-locations in the public Right-of-Way;
3. Provide additional development regulations for new communication facilities in residential zones; and
4. Clarify discretionary vs. ministerial processing procedures for various types of communications facilities.
On February 22, 2024 (Legistar file 24-0265) and September 24, 2024 (Legistar file 24-1526), LRP staff held respective Planning Commission (Commission) and Board informational workshops to solicit public and decision-maker feedback on the draft amendments, as prepared by the consultant and staff, to address the Board’s stated goals. Although the public and decision-makers generally expressed support for the amendments as proposed, the Commission and Board recommended several additional edits and clarifications which have been incorporated into the Public Review Draft (PRD) of the proposed amendments where appropriate.
On October 24, 2024 (Legistar file 24-1821), the Commission held a public hearing to review the current PRD of the proposed amendments (Attachment D) and make recommendations for the Board. At the hearing, the Commission recommended the Board approve the PRD as proposed with additional changes (shown in yellow highlight) and recommended that staff return to the Commission in two years to evaluate the changes to the ordinance. Staff concurs with the Commission’s recommendation and recommends the Board approve the proposed ordinance amendments and the two-year review requirement as recommended.
The proposed Ordinance would be effective 30 days after final adoption by the County Board of Supervisors.
ALTERNATIVES
The Board may choose not to approve this Ordinance amendment or suggest additional revisions to the Ordinance.
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, Chief Administrative Office - Office of Wildfire Preparedness and Resilience
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for the staff and consultant time associated with this Ordinance update has been included in the FY 2024-25 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk to obtain Chair’s signature on the original copy of the Ordinance.
2) Clerk to forward two (1) fully executed Ordinance copies to the Planning and Building Department, Planning Services, attention Chris Smith.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Rob Peters, Deputy Director of Planning
Planning and Building Department