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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. Page 2 of 3 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. 3:224�j A4-� Aq(gelN taffoin,"(fitj Jerk