50A - ORD TELECOMMUNICATIONS FAC

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Ordinance to Repeal and Reenact Article X of SAMC Chapter 33 Telecommunications in the Public Right -of -Way August 21, 2018 Page 2 effectively served by a traditional macro cell. A small cell is not intended to replace macro cell sites but to supplement them. Wireless providers have already deployed many of these facilities under the existing ordinance, but have expressed a desire to deploy hundreds more of these antennas and associated equipment throughout the City. Although Chapter 33 of the City's municipal code regulates wireless installations in the public right-of-way, the ordinance is in need of an update to address the increased demand for deployments and changes in state and federal law that have occurred since Ordinance NS -2816 was adopted in 2011. Among other changes in state and federal law, Congress enacted the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act). Section 6409 of the Spectrum Act requires a local government to approve any "eligible facilities request" for a modification of an existing tower or base station that does not substantially change the physical dimensions of such facility. An implementing order adopted by the FCC in 2014 defines key terms in the statute, sets timeframes for the approval process, and creates a "deemed granted" remedy for failure to meet the timeframe. In 2015, the California Legislature adopted AB 57 (codified as Government Code 65964.1), which provides a "deemed approved" remedy for the failure to meet timelines for action on other types of wireless permit applications that are subject to "shot clocks" established by the FCC in orders released in 2009 and 2014. The ordinance has been modified to reflect these and other changes in state and federal law. With the help of the City's consultant, Magellan Advisors, staff from the City Attorney's Office, Information Technology Department, and the Public Works Agency have prepared an updated ordinance to regulate wireless telecommunications facilities in the public right-of-way. Staff reviewed a number of other cities' ordinances, including the Cities of San Francisco, Huntington Beach, Santa Monica, and Long Beach. Components of the proposed changes to the ordinance were presented to the Economic Development, Infrastructure, Budget & Technology Council Committee at its May 14, 2018, meeting. Staff has also coordinated with and received input from wireless telecommunication providers on the proposed set of regulations. The draft ordinance sets forth a streamlined procedure for applicants seeking permits for small, low -impact, aesthetically acceptable wireless facilities in the public right-of-way. Primary to the streamlining component is a notification radius reduction for small cell applications from 300 feet to 150 feet, and a reduction in public comment review period from 30 days to 20 days. Since 2014, over 25,000 notices to adjacent land owners and tenants have resulted in less than 30 comments, responses, or questions to staff. Other changes to the draft ordinance include revisions to the definitions, for consistency with federal and state requirements, consideration of newer technologies, and inclusion of provisions to restrict electric meters. The ordinance adds permit term limitations, revocation procedures, and a process for optional pre -submittal consultation with staff. To allow for greater flexibility moving forward, the draft ordinance also removes much of the design standards and site selection criteria from the code, which will now be contained within a Standards and Guidelines Policy to be approved and administered by the Executive Director of the Public Works Agency. 50A-2