Item 3.8 - 1st Reading of Ord Adopting Ch. 17.56 of PMC; Regulate Wireless Communication FacilitiesDATE:
TO:
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CONTACT:
SUBJECT:
Summary:
City of Poway
COUNCIL AGENDA REPORT
July 16, 2019
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
afenstermacher@poway.org
APPROVED □
APPROVED AS AMENDED □
(SEE MINUTES)
DENIED □
REMOVED □
CONTINUED ____ _
RESOLUTION NO.
First Reading of Ordinance Adopting Chapter 17.56 of the Poway
Municipal Code to Implement a Permitting Program and Otherwise
Regulate Wireless Communication Facilities
The proposed Ordinance would add Chapter 17.56 to the Poway Municipal Code ("PMC") entitled
"Wireless Communication Facilities," which would establish a new Wireless Communication
Facility ("WCF") permit required for all WCFs installed within the public right-of-way anywhere in
the City. The Ordinance would not impact the regulation of WCFs on private land, where typically,
a conditional use permit ("CUP") or other discretionary approval is required.
The City currently follows its Wireless Communication Policy and following a recent FCC order
(discussed below), a bulletin issued on WCFs within the City right-of-way, which are currently
enforced through right-of-way permits, the pre-application review, and/or the MORA process, as
well as other methods. The Ordinance streamlines the process by laying out the process all
wireless companies must follow before installing a WCF in the City's right-of-way, and requiring
the same permit for all such facilities. The Ordinance is also designed to ensure that the City's
regulation of WCFs is in compliance with all applicable state and federal law, and specifically,
articulates reasonable objective standards that all WCFs must adhere to, including but not limited
to siting requirements, requirements to matching existing infrastructure, size limitations, height
restrictions, a prohibition on installing WCFs on overhead utility lines, and encouragement of
colocation. The Ordinance was drafted through close collaboration between the City Attorney's
Office and the Development Services Department.
Recommended Action:
It is recommended that the City Council introduce the Ordinance for first reading.
Discussion:
On September 26, 2018, the Federal Communications Commission (FCC) adopted a Declaratory
Ruling and Third Report and Order (FCC 18-133) (referred to herein as the "Order") aimed at
streamlining deployment of small WCFs in the public right-of-way. Generally speaking, "small"
WCFs are defined as WCFs where, in addition to a number of height limitations, the antenna is
less than three cubic feet in volume, and where all other wireless equipment associated with the
WCF, including the wireless equipment associated with the antenna and any pre-existing
associated equipment on the structure, is less than 28-cubic feet in volume. The proposed
Ordinance would apply to a// WCFs in the public right-of-way and allows the City to exercise
additional discretion with regard to regulating larger WCFs where the Order does not apply.
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