Public Notice Summary of Adopted Urgency Ordinance 2039
SUMMARY OF ADOPTED URGENCY ORDINANCE 2039
NOTICE IS HEREBY GIVEN that at its meeting held on March 26, 2019, the Glendora City Council adopted Urgency Ordinance 2039, entitled: “AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, ADDING Chapter 13.20 OF THE GLENDORA MUNICIPAL CODE.”
The ordinance enacts the following regulations and policies:
The URGENCY Ordinance will 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. The ordinance enacts the same regulations by Ordinance:
• 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 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, standards are 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.
Said ordinance becomes effective upon approval
The foregoing Urgency Ordinance was duly approved and adopted at a regular meeting of the City Council on the 26th day of March, 2019 by the following vote:
AYES: COUNCIL MEMBERS: Boyer, Davis, Thompson, Allawos, and Nelson.
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: None.
ABSTAIN: COUNCIL MEMBERS: None.
Dated this 28th day of March, 2019.
Kathleen R. Sessman, MMC
Published in San Gabriel Valley Examiner: April 4, 2019
A full text copy of the urgency 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.