HomeMy WebLinkAbout19-28 CC Resolution RESOLUTION NO. 19-28
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 14111 day of May, 2019.
V-'`-----L
Michael S. , Mayor
ATT
Randi Jo ,• y Clerk
[SEAL]
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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. 19-28 was duly and regularly adopted by the City Council of the City of Temecula
at a meeting thereof held on the 14th day of May, 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
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