Public Notice Summary of Proposed Ordinance
SUMMARY OF PROPOSED ORDINANCE
(AS PRESCRIBED BY GOVERNMENT CODE SECTION 36933 (c) (1))
NOTICE IS HEREBY GIVEN THAT at their meeting held March 26, 2019, the Glendora City Council introduced for first reading, proposed Ordinance No. 2040, which if approved, will add a new Chapter 13.20 to Title 13 of the Glendora Municipal Code. The ordinance enacts the following regulations and policies:
Add a new Chapter 13.20 to Title 13 of the Glendora Municipal Code to establish an ordinance to allow and regulate wireless telecommunications facilities in the public right-of-way (PROW) and corresponding design standards and special procedures for small wireless facilities (SWF). The ordinance and corresponding design standards and special procedures for SWFs are in response to recent legal standards imposed by the FCC (the “FCC Order”). The FCC Order was issued on September 27, 2018. Given the recent FCC deadlines the City will also be proposing a related urgency ordinance on SWFs in the PROW. As drafted, the ordinance would:
• For all wireless facility installations in the PROW, the ordinance provides, among other regulations, new permit and review procedures as well as the operation and maintenance standards. The ordinance treats wireless installations in the PROW similar to other installations in the PROW by requiring an encroachment permit. Once the encroachment permit is issued, the carrier may still need to obtain traffic control plans, construction permits and if necessary, a license to attach to PROW infrastructure.
• The proposed ordinance presents an entirely new administrative review process for SWF applications, with the Director of Public Works taking the lead of administratively reviewing SWF applications.
• Major wireless structures in the PROW shall continue to be subject to hearing and discretionary review.
• The new ordinance recognizes, and establishes procedures and standards for, “eligible facility requests” pursuant to Federal law. These are ministerial modifications and collocations that must be approved by-right pursuant to Section 6409 of the Federal Spectrum Act (47 CFR § 1.40001 - Wireless Facility Modifications).
• The ordinance contains a comprehensive list of permit conditions that will apply to wireless encroachment permits, including insurance requirements, indemnity, performance bond for removal upon abandonment, and maintenance and inspection requirements. The permits are in effect for a term of 10 years, which stems from a State law that allows the City to limit the permits to 10 years; compared to utility poles, for example, which are erected in perpetuity.
• The ordinance allows the flexibility needed in the face of rapidly changing wireless laws and technology. Rather than publish SWF design standards in the ordinance, it is proposed that such standards should be adopted as administrative regulations that may be readily and quickly adapted given the frequency and magnitude of changes in law and technology surrounding wireless installations.
To accompany the new ordinance, staff has also prepared a separate City Council Policy that will provide the industry direction on the City’s aesthetic, location and design requirements.
Staff has determined that the ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Most of the terms and scope of city discretion are guided by existing State and Federal law. The ordinance creates an administrative process to process requests for wireless facilities in the PROW and the City’s discretion with these applications is limited. The ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Alternatively, the ordinance is exempt from CEQA because the City Council’s adoption of the ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (State CEQA Guidelines, § 15061(b)(3)). Installations, if any, would further be exempt from CEQA review in accordance with either State CEQA Guidelines Section 15302 (replacement or reconstruction), State CEQA Guidelines Section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines Section 15304 (minor alterations to land), as these facilities are allowed under Federal and State law, are by their nature smaller when placed in the PROW and subject to various siting and design preferences to prevent aesthetic impact to the extent feasible.
The City Council will consider adoption of said ordinance at their meeting to be held April 9, 2019, at 7:00 p.m., in the Council Chamber, 116 E. Foothill Boulevard, Glendora.
A full text copy of the ordinance may be reviewed in the Office of the City Clerk of the City of Glendora at Glendora City Hall, 116 E. Foothill Boulevard, California, and online at www.cityofglendora.org under public notices.
Said ordinance will become effective 30 days after adoption.
The foregoing Ordinance was introduced for first reading at a Regular Meeting of the Glendora City Council by the following roll call vote:
AYES: COUNCILMEMBERS: Boyer, Davis, Thompson, Allawos, and Nelson
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: None.
Dated this 28th day of March, 2019.
Kathleen R. Sessman, MMC
Published in San Gabriel Valley Examiner: April 4, 2019