HomeMy WebLinkAboutResolution - 3746 STATE OF CALIFORNIA ) RESOLUTION NO. 3746
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ESTABLISHING DESIGN
AND DEVELOPMENT STANDARDS FOR WIRELESS
FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
WHEREAS,the City San Jacinto, California("City") is a municipal corporation, duly
organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California
Constitution, the City has the authority to enact laws which promote the public health,
safety, and general welfare of its citizens, as long as these are consistent with the general
laws of the State; and
WHEREAS, the wireless telecommunications industry has expressed interest in
submitting applications for the installation of "small cell" wireless telecommunications
facilities in the City's public rights-of-way, and other California cities have already received
applications for small cells to be located within their public rights-of-way;
WHEREAS, state and federal laws have changed substantially since the City last
adopted regulations for wireless telecommunications facilities. Such changes include
establishing "shot clocks" whereby the City must approve or deny installations within a
certain period of time. Federal regulations require local governments to act on permit
applications for wireless facilities within a prescribed time period, and state and federal
laws permit applicants to invoke a deemed granted remedy when a failure to timely act
occurs. See 47 U.S.C. § 332(c)(7)(B)(iii); 47 C.F.R. §§ 1.40001, et seq.; Cal. Gov. Code
§ 65964.1. Under federal law, a decision on certain applications must be made in as few
as 60 days. Additionally, a recent order and regulations issued by the Federal
Communications Commission substantially alters the regulatory framework for"small cell"
wireless telecommunications facilities, with such regulations becoming effective on
January 14, 2019;
WHEREAS, to ensure compliance with the "shot clock" established by the FCC,
the City desires to have clear guidance on design requirements for the installation of
wireless facilities within the rights-of-way to allow for quicker review and approval of
applications based on speck standards and regulations and to limit confusion or
disagreements between staff and applicants;
WHEREAS, if not adequately regulated, installation of small cell and other wireless
telecommunications facilities within the public rights-of-way can pose a threat to the public
health, safety, and welfare, including disturbance to the public rights-of-way through the
installation and maintenance of wireless facilities; traffic and pedestrian safety hazards
due to the unsafe location of wireless facilities; impacts to trees where proximity conflicts
may require unnecessary trimming of branches or require removal of roots due to related
undergrounding of equipment or connection lines; land use conflicts and incompatibilities
Page 1 of 3
including excessive height or poles and towers; creation of visual and aesthetic blights
and potential safety concerns arising from excessive size, heights, noise, or lack of
camouflaging of wireless facilities, including the associated pedestals, meters, equipment
and power generators; and the creation of unnecessary visual and aesthetic blight by
failing to utilize alternative technologies or capitalizing on collocation opportunities which
may negatively impact the unique quality and character of the City;
WHEREAS,the City's public rights-of-way are a uniquely valuable public resource,
closely linked with the City's natural beauty and various communities. The regulation of
wireless installations in the public rights-of-way is necessary to protect and preserve the
aesthetics in the community; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
SECTION 2. Purpose. In accordance with Ordinance No. 19-01 and 19-02, the purpose
of this Resolution is to implement regulations on wireless communication
facilities that protect the public health, safety, and welfare of the community
while complying with the requirements of general state law, as amended
from time to time, to promote safe vending practices, prevent safety, traffic,
and health hazards, and to preserve the public peace, safety, and welfare
of the community.
SECTION 3. Regulations. Wireless Facilities within the public rights-of-way shall comply
with the rules and regulations attached to this resolution.
SECTION 3. CEQA. The City Council has determined this resolution is not a "project" as
defined by the California Environmental Quality Act (CEQA) Guidelines
Section 15378.
SECTION 4. Severability. If any provision of this resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this resolution that can be given effect
without the invalid provision or application, and to this end the provisions of
this resolution are severable. The City Council hereby declares that it would
have adopted this resolution irrespective of the invalidity of any particular
portion thereof.
SECTION 5. Effective Date. This resolution shall become effective on its adoption.
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PASSED, APPROVED and ADOPTED, at a regular meeting of the City
Council on the 22"d day of January 2019, by the following vote:
Ayes: Ledezma, Lopez, Ruiz
Nays:
Abstain:
Absent: Utz, Kotyuk
CITY OF SAN JACI r
Russ Utz, Mayor
ATTEST:
n e 4akon,40ity lerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
Michael J. Maurer, City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
1, Angela Walton, duly appointed City Clerk of the City of San Jacinto,
do hereby certify that the foregoing Resolution No. 3746 was approved at a regular
meeting of the City Council of the City of San Jacinto on the on the 22nd day of
January 2019, by the following vote:
Ayes: Ledezma, Lopez,Ruiz
Nays:
Absent: Utz, Kotyuk
Abstain:
Witness my hand and official seal of the City of San Jacinto this 22nd day
of January 2019.
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