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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />MARCH 21, 2011 <br />CLERK OF COUNCIL USE ONLY: <br />TITLE: APPROVED <br />PUBLIC HEARING - ORDINANCE AMENDING ? As Recommended <br />THE SANTA ANA MUNICIPAL CODE ? As Amended <br />REGULATING TELECOMMUNICATIONS ? Ordinance on 151 Reading <br />? Ordinance on 2"d Reading <br />FACILITIES IN THE PUBLIC RIGHT-OF-WAY ? Implementing Resolution <br />? Set Public Hearing For <br />"MANAGER <br />RECOMMENDED ACTION <br />CONTINUED TO <br />FILE NUMBER <br />Adopt an ordinance adding Article X to Chapter 33 of the Santa Ana Municipal Code <br />regulating telecommunication facilities in the public right-of-way (OA-2010-01). <br />2. Approve the Negative Declaration for the Telecommunications Facilities in the Public Right- <br />of-Way Ordinance (ER-2011-1). <br />3. Adopt a resolution establishing fees for plan checking and permitting telecommunications <br />facilities in the public right-of-way. <br />DISCUSSION <br />The Public Works Agency manages the public right-of-way and issues permits for construction <br />of utilities. Recently staff has received applications from wireless telecommunications providers <br />to install cell phone antennas and other related equipment in the street right-of-way. Although <br />Chapter 41 of the City's municipal code regulates wireless installation on private property, the <br />municipal code currently does not contain regulations specifically related to wireless facilities <br />within the public right of way. <br />Public Works staff and the City Attorney's Office have prepared an ordinance to regulate <br />telecommunications facilities in the public right-of-way. Staff has also coordinated with and <br />received input from residents and the telecommunication providers on the proposed set of <br />regulations. The ordinance was presented and discussed with the Environmental and <br />Transportation Advisory Committee at its February 10, 2011 meeting. <br />The ordinance specifies noticing requirements, including notification of adjacent property owners <br />and neighborhood associations and posting at the site. It also provides direction on siting <br />preferences, maximum height of installations, mounting options, and aesthetic considerations. <br />The ordinance also establishes requirements related to public safety and ongoing maintenance <br />of the installed facility. <br />75A-1