2011-03-21 Regular - Laserfiche WebLink

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Legal Notice published in the O.C. Reporter on March 11, 2011 and March 18, 2011. Staff report presentation by Raul Godinez II, Executive Director of Public Works Agency Current Wireless Coverage Limitations • Chapter 41 of SAMC Currently Regulates Placement of Wireless Telecommunications Facilities on Private Property • Allows wireless telecom facilities only in non-residential properties subject to a Conditional Use Permit • Need for Wireless Coverage Grows • Number and capabilities of wireless devices constantly increasing • Prohibition in Residential Property and Increased Capacity has Resulted in Coverage Gaps • Wireless Telecommunication providers are focusing on public right-of- way to supply increased coverage in residential neighborhoods City's Right To Regulate Wireless Facilities In Public Right-Of-Way • California Public Utilities Code - Section 7901 • Authorizes telephone service providers to construct facilities in public right-of-way • Agencies may exercise control as to time, place & manner • Federal Telecommunications Act of 1996 • Local agencies shall not prohibit or have the effect of prohibiting the provision of personal wireless services • Shall not unreasonably discriminate among providers • May not regulate based upon the environmental effects of radio frequency emissions What Is Needed? • Regulations Specific to the Public Right-of-Way • Provide height, design, and location regulations and preferences • Provide sufficient notice to neighboring properties • Require wireless provider to prove need for the facility at the proposed location Siting Preferences • Adjacent to Non-Residential before Residential • Private (Non-Residential) Property before Public Right-of-Way • Arterials before Local Streets Options To Mount Antenna • Street Lights (preferred) • Power Poles • Other stand alone structures (if aesthetically preferable) CITY COUNCIL MINUTES 14 MARCH 21, 2011