The 5-0 vote took place after a brief discussion among board members and no community input.
The board initially adopted the ordinance in the wake of concerns raised by Upper Lake resident Cheryl Little Deer and other community members about a US Cellular tower to be erected near Upper Lake along Highway 20.
Little Deer filed an appeal of the Planning Commission's approval of the US Cellular tower. The Board of Supervisors denied the appeal at its July 25 meeting but responded by imposing the temporary moratorium on the same day.
On Sept. 11 the board extended the ordinance to Oct. 26.
The ordinance calls for extending the temporary moratorium from Oct. 26 until March 26, 2008. During that time, no applications to construct, modify or place wireless communications facilities will be approved unless those applications were deemed complete by Sept. 11 or are necessary for public safety or homeland security purposes, and are installed and operated by authorized federal, state or local public safety agencies.
County Counsel Anita Grant told Lake County News Tuesday afternoon that the moratorium extension will allow the Community Development Department extra time to get a draft of an zoning ordinance to the board.
Grant added that moratoriums should never exist longer than is necessary.
That updated zoning ordinance is to be amended to address citizens' concerns about the impacts of wireless communications facilities, according to the moratorium's language.
Some of the issues the board wants added to the zoning ordinance include determining if adequate coverage exists in an area before approving a new facility; the level of analysis of feasible and environmentally superior project alternatives; methods to ensure compliance with federal radio frequency and emissions standards; setback requirements; sufficiency of design plans; and proposed projects' aesthetic impacts.
Grant said Community Development may have identified other considerations that the updated zoning ordinance should include.
Grant said the revised zoning ordinance is expected to go to the board on Nov. 20, at which time they are expected to pass a resolution of intent.
That will set in motion a hearing before the Lake County Planning Commission, after which the zoning ordinance will return to the board in final ordinance form, where community members will again have the opportunity to address it.
Those applications for cell towers and other wireless facilities already in the pipeline will be honored according to the temporary moratorium, Grant pointed out.
As she researched the moratorium, Grant said she noticed other model telecommunications ordinances are cropping up in other communities around the country.
However, those ordinances are limited in what they can consider, said Grant.
“Issues that go to the radio emissions are preempted by federal law,” she explained. “We can take steps to ensure compliance, we can't change those standards.”
A recent decision from the Ninth Circuit Court took a hard look at a telecommunications ordinance established in San Diego County, said Grant.
The Ninth Circuit, which Grant said is “generally very friendly toward these types of ordinances,” ruled that the San Diego ordinance was too general, and included general aesthetic standards which weren't specific enough.
The court opinion stated that the state and local regulations can't “have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.”
The decision, which may be appealed to the Supreme Court, was a major victory for cell phone companies from a court not known for many pro-business decisions, said Grant.
“This is a real lesson for what's going to pass muster,” Grant added.
E-mail Elizabeth Larson at
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