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HomeMy WebLinkAbout19-22 CC Resolution RESOLUTION NO. 19-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A POLICY IMPLEMENTING DESIGN REQUIREMENTS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to California Constitution and the laws of the State of California, the City of Temecula ("City") may make and enforce within its city limits all local, police, and sanitary laws and other ordinances, resolutions and other regulations not in conflict with general laws for the preservation of the public health, safety, and welfare. Section 2. Applicable federal and state laws and regulations reserved to cities authority over the placement, construction, and modification of personal wireless facilities, including reasonable aesthetic and design regulations. Section 3. The City currently regulates wireless communications facilities via both the California Building Code,including requiring, an encroachment permit for wireless utilities within the right-of-way and reserving the ability to regulate further, provided such regulations are consistent with federal and state law. Section 4. On September 27, 2018, the Federal Communications Commission ("FCC") adopted a Declaratory Ruling and Third Report.and Order, FCC 18-133, setting forth limitations on local government regulation of small cell wireless facilities in an effort to facilitate and remove barriers for the expansion of 5G technology, effective January 14, 2019 (the "FCC Ruling"). Section 5. The FCC Ruling allows local agencies to charge wireless carriers objective reasonable fees for small wireless facilities; imposes time limits (a "shot clock") on processing small cell applications; and limits non-fee regulations that could impede new small cell sites including aesthetic regulations. Section 6. The FCC ruling requires that, in order to be considered and not preempted by federal law and regulations, any aesthetic regulations for processing of small wireless facilities be reasonable,non-discriminatory, and objective and published in advance. Section 7. Given the rapid and substantial changes in applicable law and regulations, the City Council finds that aesthetic and design regulations adopted through a policy that supplements Chapter 5.12 of the Temecula Municipal Code is a necessary and appropriate means to protect the public health, safety, and welfare—including the aesthetic character of the City, its neighborhoods, and community—from the potential harms caused by unregulated small wireless facilities and other infrastructure deployments, while balancing the benefits that flow from technological advancements such as advanced wireless services. Section 8. The Temecula City Council hereby adopts policies establishing design requirements for small wireless facilities in the public right-of-way(Attachment A). PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of April, 2019. Michael S. Naggar, Mayor ATTEST: Randi Johl, y Clerk [SEAL] 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 19-22 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of April,2019,by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards,Rahn, Schwank, Stewart, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3 t CITY OF TEMECULA Small Wireless Facilities in the Public Right-of-Way C'r"°' ":;r'eeart of Southern orrna Wine country Title: Small Wireless Facilities in the Public Right-of-Way Issued: Responsible Dept./Division: Community Development/Public Works Revised: Forms: Revised: Approval: Revised: PURPOSE To establish reasonable, uniform design guidelines for small wireless facilities located in the public rights of way, in recognition of and in compliance with applicable state and federal laws and regulations including, but not limited to, the Federal Communications Commission's (FCC) Declaratory Ruling and Third Report and Order, FCC 18-133. The standards and procedures contained in this Policy are intended to, and should be applied to, protect and promote public health, safety and welfare, balancing the benefits that result from technological advancements such as faster wireless networks with the City's local values including, but not limited to, aesthetic concerns and consistency and compatibility with the character of neighborhoods, an avoidance of clutter in the public right-of-way, and traffic and pedestrian safety. POLICY Wireless communication facilities (WCFs) have become ubiquitous features in urban settings as demand has increased for faster and more reliable cellular and data service. Wireless communication providers have simultaneously developed and deployed new technologies to meet growing consumer demand. The rapid advancement of technologies and facility innovations have required local agencies to adapt their regulatory approaches to maintain visual harmony while ensuring quality wireless service for residents, visitors, and emergency personnel. Like many California cities, Temecula will receive requests from wireless carriers interested in deploying the next generation of wireless networks, using "small wireless facilities" as defined by the FCC in 47 C.F.R. § 1.6002(1) and as it may be amended or superseded. Small wireless facilities equipment is commonly mounted on utility poles in public rights-of-way and consists of relatively small antenna and equipment boxes that may be placed on the pole and/or the ground beneath the pole, and associated electrical wiring and cables. This policy is not intended to, nor shall it be interpreted or applied to: • Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services. • Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management. Small Wireless Facilities in the Public Right-of-way(03/27/2019) Page 1 of 4 • Unreasonably discriminate among providers of functionally equivalent services • Deny any request for authorization to place, construct, or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions. • Prohibit any collocation or modification that the City may not deny under federal or California state law, including under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, • Impose any unfair, unreasonable, discriminatory, ok/anticompetitive fees or requirements that exceed the reasonable cost to provide the services for/IV/WI-1 the fee is charged or that exceed the burden or impact imposed by the facility installation' ' Aft • Otherwise authorize the.City to preempt any;�applicabt,federal or California law. . /. i . %i,, Applicability. Except as expressly provided otherw, nthis Policy, the 39visions in this Policy shall be applicable to all existing small wireless facilities (#/,defined in 47 CFR s(61 art.U, § 1.6002, as may be amended from time to time)and all applications anceauests for authorizationtoconstruct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy small wifeless facilities within the City's jurisdictional and territorial boundaries within••%{k�e. p.. rights-of-way.,Notwithstanding the foregoing, all requests for approval to co1`ocate, replace or•ro;no• a transmission equipment at an existing wireless tower or base station submitteepursuant to Section-.6409 of the Spectrum Act will be reviewed consistent with the standards required by laytk //j////f/ //�j To the extent that other infrastructure deployments involve the same;or substantially similar structures, apparatus, equipment, f xtu es,equipment or improver//n/nts,theCity official(s) responsible for reviewing and approving or denying;requests for authorization in connection with such other infrastructure deployments shall apply the•j/eferencess and requir."ef)•ients in this Policy unless specifically prohibited by applicable law /r / j/ /��///�j//// //j/•, Design Standacds:-To�hf//exten Aechnically�fea ble,-411 small wireless facilities shall be designed in accordanceawith the following standards ,,., • Proposed installations must�be-the least intrusive possible with regard to appearance, size, and loca�on%lf installations'�'re available (e.g., have been installed in other jurisdictions) that are less intrusivei'han those allowed by the City's telecommunications ordinance, applicants must use those installations unless the;Public Works Director determines that those installations are not „� feasible. %�f, �/ • All applicationsfor installation shall include accurate global position system (GPS) coordinates in a degrees, minutes, and seconds format, as well as a pole ID, FCC ID, owner(s), carrier(s), • All equipment shall not cause interference with operation of City facilities, including signs, banners, etc. • Equipment shall be located within the antenna shroud and behind street signs located on the pole. Antenna shroud shall not interfere with the mast arm of streetlight. Small Wireless Facilities in the Public Right-of-way(03/27/2019) Page 2 of 4 • Equipment shall be located such that it in no way impedes, obstructs, or hinders the usual pedestrian or vehicular travel, affects public safety, obstructs the legal access to or use of the public right-of-way, violates applicable law, violates or conflicts with public right-of-way design standards, specifications, or design district requirements, violates the Federal Americans with Disabilities Act of 1990, or in any way creates a risk to public health, safety, or welfare. • Devices shall not emit audible sounds beyond twenty decibels (dBA). • The City reserves the right to require steel or concrete poles finished to match existing light poles. Finish color of device/enclosure shall match streetlight unless otherwise approved. f%ir• ; The small cell designer shall choose poles that- located outside of driveways and intersection sight lines. Where feasible, poles shall//b jlocated near property corners or side property lines, and not directly in front of residences/an -'businesses. „,,,,y/.2. • Equipment shall be located entirely on the;;pale in a vert I arrangement. t% lam • Ground mounted equipment cabine s/ hall not be used, to'"thee maximum extent possible. If utilized, ground mounted equipment must-.be placed in a loca(on;;that does not obstruct pedestrian or vehicular traffic and in the least"'con spicuous%location available within a reasonable distance from the pole Ground;mounted equipient,sn uld be installe4rlithin or immediately adjacent to an existing or replace•;rneritstreet featureinclu ing,without limitation, bus stop shelters, trash bins, benches, kiosks, adve`r6sement panels or-,other street furniture to conceal the equipment. „��74, � All cables, wiress%and other connectors rnust-,be routed;.through conduits within a pole i 4 whenever possible;%and�all external conduits-�conduit% ttachments, cables, wires, and other i0, ice; /ii,. // i/i /,/ / connectors must<beconcealea from publiccvlew;to the extent%feasible. /l/�<, %i ii'i/// • New facility installations shall not obstruct views from habitable living areas (such as 'm.?m, /�// ':,m,,, . /, bedrooms`or�•livin rooms} of:/residential units;fthat directlyface the antenna within 100 feet horizonta--distance-� / ��///��, / • / lashing lights or/farge repetitive warning stickers shall not be installed.All wireless facilities must include signage that accua tely identifies the equipment owner/operator, the owner/operators site name:gridentification number and a toll-free number to the owner/operator's network operations center. ;W,;i�eless facilities may not bear any other signage or advertisements unless expressly approved b,ythe City, required by law or recommended under existing and future FCC or other United:,.States;governmental agencies for compliance with radio frequency (RF) emissions regulationsr,RFnotification signs shall be placed where appropriate, and not at pedestrian eye level, unless required by the FCC or other regulatory agencies. • Pole heights shall be minimized. The maximum height of any facilities mounted on an existing pole shall not exceed (i) the minimum separation from supply lines required by CPUC General Order 95 ("GO 95"), as may be amended or superseded, plus four feet or (ii) four feet above the height of the existing support structure. Legally required lightning arresters and beacons shall be included when calculating the height of facilities. • Wireless facility designers shall use Southern California Edison Smart Meters or flat-rate billing with no electric meter, if available. Small Wireless Facilities in the PublicRight-of-way(03/27/2019) Page 3 of 4 • Small wireless facilities shall not be located on decorative streetlights. • Small wireless facilities shall not be located on traffic signal poles. • Small wireless facilities shall not be located on streetlights with existing Southern California Edison or other City electronic/communication devices. • The City is in the process of acquiring streetlights from Southern California Edison and will be developing standards for new poles consistent with the updated streetlights, to the extent a new pole is necessary. • A maximum of two (2) carriers may co-locate smallelFfacilities on same pole. • Small wireless facilities shall not damage existing gees. • Fans shall not be utilized, to the maximuth extent possible. ///%� !,./,, • Devices and associated e ui men m t be UL listed and F;CC certified or authorized for q P the intended use. '/,. �j/ • Wireless facilities and associated equipment shafInot result in any'oostruction or interfere with or detrimentally affect public safety including by abut not limited to, physically interfering with or impeding access to traffic co fltrol'streetlights;!!o j.related structures; access to public transportation or public safety vehic,Jes; access to above ground or underground infrastructure owned or operated by any public or-:pr vate Gtiiity;. access foany doors, gates, sidewalk doors, passage doors, st000s/or�other ingres sand egrressjpoints-tolany building or other structure appurtenant to the ngh{�of-way access o any j re scape;access to any driveway or entryway to any private grope'ti t abuts{ j public ,way; or access to any fire hydrant or water valve. i/ Small Wireless Facilities in the Public Right-of-way(03/27/2019) Page 4 of 4