Introduction of Ordinance No. 2023-006 (first reading), which would amend the Carmel Municipal Code (CMC) Title 17 (Zoning) by repealing and replacing chapter 17.46 (Telecommunications and Wireless Facilities) and making conforming amendments to Zoning Code sections 17.08.040, 17.12.020, 17.14.030, 17.14.220, 17.18.030, 17.40.070, 17.52.150, 17.54.010, 17.54.040, 17.54.080, 17.58.030, 17.58.040, 17.68.070, 17.70.010 and 17.70.020 and to municipal code sections 12.08.050, 12.08.060, 13.28.070; and finding the same exempt from the California Environmental Quality Act and in full conformance with the City’s Local Coastal Program and the California Coastal Act; and, Adopt the "Administrative Detailed Wireless Facility Design Guidelines" approved by the Planning Commission

It is recommended that the City Council:

1.  Request the City Attorney to read the title of Ordinance 2023-006

2.  Waive further reading and introduce Ordinance No. 2023-006, which would amend the Carmel Municipal Code (CMC) Title 17 (Zoning) by repealing and replacing chapter 17.46 (Telecommunications and Wireless Facilities) and making conforming amendments to Zoning Code sections 17.08.040, 17.12.020, 17.14.030, 17.14.220, 17.18.030, 17.40.070, 17.52.150, 17.54.010, 17.54.040, 17.54.080, 17.58.030, 17.58.040, 17.68.070, 17.70.010 and 17.70.020 and to municipal code sections 12.08.050, 12.08.060, 13.28.070; and finding the same exempt from the California Environmental Quality Act and in full conformance with the City’s Local Coastal Program and the California Coastal Act. 

3. Adopt the "Administrative Detailed Wireless Facility Design Guidelines" approved by the Planning Commission

This staff report was amended on 9/7/2023. 

EXECUTIVE SUMMARY

The City of Carmel-by-the-Sea is in the process of updating regulations pertaining to wireless (e.g.: cell phone) telecommunication facilities.  In March, 2023, the Planning Commission held a public workshop on a first-draft ordinance package.  Several comments were received from the public and Commission as part of that workshop.  Since that time, staff worked with outside legal counsel to prepare a second-draft ordinance package in response to feedback received as part of the workshop.  This second-draft was presented to the Planning Commission in August, 2023 to receive comments and provide a formal recommendation for adoption of a final-draft to City Council.  City Council is now being asked to consider adoption this final-draft wireless ordinance and the companion Administrative Design Guidelines.

Background

At the Direction of City Council, the Community Planning and Building Department, with support from the City Attorney and special outside Counsel, has been drafting updates to the City’s telecommunications and wireless facility regulations. From the outset, the policy direction from City Council was to draft the strongest wireless ordinance possible to protect the special and unique characteristics of Carmel-by-the-Sea while remaining consistent with relevant State and Federal Telecommunication Laws.  Since that time, multiple drafts of the ordinance package have been prepared for community and Planning Commission feedback, ultimately leading to a final draft that is now being considered by Council. 

In an effort to walk City Council through this progression, staff has prepared three (3) matrices that show comments received on each draft package, along with if/how those comments were addressed in the subsequent draft package.  Ultimately, the process resulted in a final-draft ordinance that is attached to this report as a “clean” version (Attachment 1) and “redline” version which shows all of the changes being recommended by the Planning Commission to the first-draft that was released in mid-February, 2023 (Attachment 2).  A “redline” version showing the changes from the City’s existing wireless ordinance was not prepared, since Ordinance No. 2023-006 would fully repeal and replace those regulations.     

The following sections are meant to show the progression of the wireless ordinance package leading up to Council’s consideration at the September 12^th hearing:

First Draft

At their March 29^th, 2023 Special Workshop, the Planning Commission (PC) was presented with a first-draft wireless ordinance package consisting of an ordinance amending Chapter 17.46 of the Carmel Municipal Code, and “companion” administrative documents* comprised of Application Checklists, Design Guidelines, Standard Conditions of Approval, and an Application Form.  This package had been released to the public and PC for review on February 17^th 2023.  At the March workshop, staff received specific comments from the PC in addition to those received from the public over the preceding month.  The full staff report package, including all of the first-draft documents that were presented on March 29^th, 2023 can be found by clicking HERE. 

*It should be noted that unlike the ordinance amending Chapter 17.46, the “companion” administrative documents mentioned above only required PC approval, since they do not amend the City’s Municipal Code.  Section 17.46.020 ‘General Development Standards’ grants authority to the Planning Commission to establish application submittal standards via resolution for Telecommunication and Wireless Facilitates.  These documents, however, were part of the overall “ordinance package” that is explained in this report and have received comments and edits throughout the various draft versions leading up to their approval by the Planning Commission in August, 2023.    

Second Draft

Following the March 29^th PC Workshop, staff worked with the City’s outside legal counsel, Gail Karish of the firm BBK, LLP, to prepare a second-draft version of the wireless ordinance package. The second-draft sought to address substantive comments received from both the public and the Planning Commission on the first-draft ordinance package.  These comments were collected, and placed into a document called “Comment Matrix #1” (Attachment 3).  Many of the comments received were addressed through edits to one or more of the documents in the first-draft ordinance package.  Some comments, however, were not incorporated for various reasons.  The comment matrix includes a brief explanation of how and why comments were addressed in the second-draft ordinance package.  This second-draft package was released for review by the public and PC approximately three weeks prior to a Special PC hearing on August 23^rd, 2023.  The full staff report package, including all of the second-draft documents, correspondences, and materials distributed at the PC hearing on August 23^rd, 2023 can be found by clicking HERE.   

In the days just prior to the August 23^rd PC hearing, the City received substantive last minute comment letters on the second-draft ordinance package from three wireless carriers (AT&T, T-Mobile, Verizon) and the local citizen group known as “Stop Cell Towers in Carmel Neighborhoods”, (SCTCN).  To assist the PC in digesting these late comments, staff prepared a second comment matrix called “Comment Matrix #2” (Attachment 4).  This second comment matrix was formatted the same as the first one, and was used to illustrate if/how each late comment was addressed in a second set of redline documents that were presented at the hearing (these last minute redlines can also be found in the August 23^rd staff report linked above by clicking on “Materials Provided to the Commission at the August 23rd Hearing”).

Final Draft

At the August 23^rd, 2023 PC hearing, the Commission considered the second-draft (released three-weeks prior on August 5^th), along with the late comment letters and testimony received at the hearing.  Ultimately, the PC approved a final draft for recommendation to Council which was a blend of the second-draft released on August 5^th, and edits in response to the late correspondences received just before the hearing.  For the most part, the ordinance version being recommended by the PC is the same as the version released on August 5^th.  However, since some minor changes were made in response to the late correspondences, staff has prepared a third comment matrix called “Comment Matrix #3” (Attachment 5).  This third matrix represents all of the additional changes made by the PC to the second-draft ordinance package that was originally released on August 5^th.  

Hearing Process

Only Ordinance No. 2023-006 requires a formal decision by the City Council, which is comprised of a first and second reading of the ordinance for adoption.  The “companion” administrative documents mentioned earlier in this report have already been approved by the PC as part of their action at the August 23^rd, 2023 hearing in accordance with section 17.46.020 of the Carmel Municipal Code.  This section explains approval paths for both Ordinance No. 2023-006 and the “companion” administrative documents.

• Ordinance - For all ordinances amending the City’s Zoning Code (Title 17), the Planning Commission must adopt a resolution which provides a formal recommendation to the City Council regarding adoption of the subject ordinance.  Attached to this report is Resolution No. 2023-044-PC (Attachment 6) which was adopted by the Planning Commission at their August 23^rd hearing.  This is the formal recommendation from the OC for the City Council to adopt Ordinance No. 2023-006. The Council now must conduct a first and second reading of the ordinance at two separate hearings.  If the Council approves as-is, or only makes minor modifications to the final-draft ordinance at the first reading, then the second reading will take place the following month for adoption.   If the Council wishes to make substantive changes to the final-draft being recommended by the PC, then a revised draft will either need to return to Council for another first reading, or be remanded back to the PC with direction from Council.  Following approval at a first, and adoption at a second reading by Council, the ordinance must still be considered and certified by the California Coastal Commission (CCC) as part of a Local Coastal Program (LCP) amendment prior to becoming effective.  The ordinance would become effective immediately upon certification by the CCC. 

• “Companion” Administrative Documents (Attachment 7) - As previously mentioned, the remainder of the “companion” administrative regulatory documents in the wireless ordinance package (Application Checklist, Design Guidelines, etc.) were approved by the  Planning Commission.  The City Council is being asked to approve the Design Guidelines which are intended to preserve the character of the village.  Review and approval by the Coastal Commission is not needed for these documents to become effective or to be amended in the future.  In other words, the formal ordinance and the companion regulatory documents are not tied to the same approval process.  The major benefit of these companion regulatory documents requiring only Planning Commission or Council approval, is the efficiency with which they can be amended in the future if needed.  For example, if new State or Federal laws take effect that create a gap in the Application Checklist, the document can be amended in one to two months since only Planning Commission approval would be required.  If amendments needed to be made within the ordinance (Title 17), this would require a formal recommendation by the Planning Commission, two readings by the City Council, and approval by the Coastal Commission, which would take approximately one-year.          

Staff time associated with development and processing of the wireless ordinance amendments is covered in the City’s adopted FY 2023-24 budget.  Time spent by the City’s outside legal counsel is covered as part of specialized legal services, under the Contract Support line item for City Attorney services in the FY 2023-24 adopted City Budget.