City Council MeetingJanuary 18, 2011

Background

Staff receiving increasing number of inquiries regarding installation of wireless telecommunications facilities in the City.

On January 19, 2010, Council adopted urgency ordinance establishing temporary moratorium on wireless telecommunications facilities in the City.

Report on temporary moratorium presented to Council on February 16, 2010

On March 2, 2010, Council adopted ordinance extending the temporary moratorium to January 20, 2011

On December 7, 2010, Council voted to continue hearing to January 18, 2010.

On December 21, 2010, Council adopted ordinance extending the temporary moratorium for additional 6 months.

Installation of Wireless Telecommunications Facilities (WTF) on Private Property No changes proposed to current code requirements

for WTF on private property. Summary of current code requirements:

Site selection order of preference On existing structures Locations that provide greatest amount of screening On parcels without significant visual mitigation required

Shall not be located within front or street side yard in any zoning district

Co-location encouraged Equipment height (latest revision to current code)

>15 ft above max height for zone requires minor CUP <15 ft above max height for zone requires CUP approved by PC

Painting, fencing, landscape requirements Submittal of plans including photo simulation Map of regional network for system

Installation of Wireless Telecommunications Facilities (WTF) within Public Right-of-Way City regulations over work in public

right-of-way included in Chapter 15.54 of municipal code.

Encroachment permits required for any construction within public right-of-way.

Chapter 15.54 does not address Telecommunications Facilities within Public right-of-way.

California Public Utilities Commission Code Section 7901

Telegraph or telephone corporations may construct lines of telegraph or telephone lines along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.

Section 7901.1 (a)It is the intent of the Legislature, consistent with Section

7901, that municipalities shall have the right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed.

(b)The control, to be reasonable, shall, at a minimum, be applied to all entities in an equivalent manner.

(c)Nothing in this section shall add to or subtract from any existing authority with respect to the imposition of fees by municipalities.

Installation of Wireless Telecommunication Facilities (WTF) within Public Right-of-Way Proposed Ordinance requires

Supplemental Telecommunication Facilities Encroachment Permit for all telecommunication facilities as defined by the federal Telecommunication Act of 1996 and California Public Utilities Commission (CPUC) Code including section 7901 and 7901.1.

Installation of Wireless Telecommunication Facilities (WTF) within Public Right-of-Way The following provisions apply to any proposal to construct telecommunications facilities within the public right-of-way: Applicant shall submit the following:

Copy of license issued by CPUC such as Wireless Registration Identification number or Certificate of Public Convenience and Necessity (CPCN)

Copy of CPUC decision that authorizes applicant to provide telecommunications service with proposed facilities

Copy of the certified environmental document for CPUC license including all required mitigation measures

If no environmental determination has been made by CPUC, applicant shall submit information required for City to make environmental determination according to CEQA

Installation of Wireless Telecommunication Facilities (WTF) within Public Right-of-Way

If applicant has obtained CPUC license to operate as a “competitive local exchange carrier” and is proposing a Distributed Antenna System (DAS) the following additional requirements apply: Applicant shall provide a description and location of

each proposed construction project in the City during the calendar year in which application is filed

If proposed construction project extends beyond existing utility right-of-way, applicant shall amend its CPUC license and proposed construction project shall be subject to complete environmental analysis by CPUC or City

Installation of Wireless Telecommunication Facilities (WTF) within Public Right-of-Way Supplemental Telecommunication Facilities Encroachment Permit approved only if consistent with license issued by CPUC

City reserves all rights it currently has or may acquire to the regulation of telecommunications facilities including the imposition of reasonable conditions and exaction of fees or other form of compensation for use of public right-of-way provided these are consistent with state and federal law

City’s approval may be conditioned upon reasonable placement, operation and aesthetic restrictions

Recommendation

It is recommended that the City Council introduce an ordinance amending Municipal Code Section 15.54.050 establishing requirements for wireless telecommunications facilities installed within the public right-of-way.