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SR 07-12-2016 7C City Council Report City Council Meeting: July 12, 2016 Agenda Item: 7.C To: Mayor and City Council From: Martin Pastucha, Director, Public Works, Civil Engineering Subject: Introduction for First Reading a new Ordinance adding Chapter 7.70 to the Santa Monica Municipal Code regulating Wireless Telecommunications Facilities in the Right-of-Way and on Public Property and amending Chapter 7.06 Recommended Action Staff recommends that the City Council introduce for first reading the attached ordinance establishing regulations for design and placement of wireless telecommunications facilities in the right-of-way and on public property by adding a new Chapter 7.70 to the Santa Monica Municipal Code and amending and repealing specific sections of Chapter 7.06 Right-of-Way Management Regulations related to Wireless Communications. Executive Summary The wireless telecommunications industry is expanding as citizens demand more bandwidth for the data they consume. The Federal and State governments are passing laws to facilitate expansion of wireless infrastructure. Santa Monica Municipal Code, Section 7.06 Right-of-Way Management Regulations is outdated based on the ongoing changes to State and Federal legislation of this industry and leaves the City unprepared for the scale of expansion that is on the horizon. A new ordinance is necessary to adjust to the changes. Background Santa Monica Municipal Code Section 7.06 Right-of-Way Management Regulations were adopted July 13, 2004 in response to the Telecommunications Act of 1996 and included regulations regarding wireless telecommunications facilities. In 2012, the Federal Government passed the Spectrum Act (2012) to make more bandwidth available for cellular or wireless services. Often referred to as section 6409, the Spectrum Act removes some of the requirements created by local governments by facilities when the modification results in less than a substantial change. 1 of 4 The Federal Communications Commission held a rule making session in 2014 to clarify s-153, which became effective April 8, 2015, defined substantial changes to an existing facility with the summarized criteria: 1. For installations in the public rights-of-way the height is increased by more than 10% or 10 feet, whichever is greater or it protrudes from the edge of the structure more than six feet. 2. The modification involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets. 3. The modification involves any excavation or deployment outside the current site. 4. The modification would defeat the existing concealment elements. 5. The modification does not comply with conditions associated with the prior approval of construction or modification of the tower or base station unless the non-compliance is due to an increase in height, increase in width, addition of dentified above. Except for requiring compliance with generally applicable building, structural, electrical, and safety codes and other laws codifying objective standards reasonably related to health and safety, cities must approve modifications that do not result in a substantial change. Assembly Bill 57 was passed by Governor Brown October 9, 2015 and became 2 of 4 telecommunications facilities and collocations. These new lathat are less than a substantial change and require that approval be granted within sixty days for a modification, ninety days for a collocation, or one hundred and fifty days for a new site or the approvals are deemed granted. Discussion wireless telecommunications facilities have changed significantly in the last twelve years. The pace of change is generating a frenzy among wireless carriers to invest billions of dollars to purchase bandwidth and build the necessary infrastructure in the form of new wireless communications facilities and fiber to meet the data demands. The majority of the planned expansion of wireless infrastructure will be built in the public right-of-way. New locations for installations on private property are limited and more difficult to negotiate and permit. The California Public Utilities Commission has determined that wireless carriers are a utility and therefore have all the rights of use of the public right-of-way as any other utility. The public right-of-way also has existing infrastructure in the form of utility poles, traffic signals and street lights that can support wireless infrastructure. The current Right-of-Way Management Regulation is outdated and leaves the City unprepared for the scale of expansion that is on the horizon. The proposed ordinance will amend and repeal those sections of Chapter 7.06 Right-of- Way Management Regulations that relate to wireless telecommunications facilities in the right-of-way and add Chapter 7.70 Wireless Telecommunications Facilities in the Right-of-Way. The ordinance balances protect the aesthetic qualities of our neighborhoods. Specifically, the ordinance expands on the current design guidelines, providing detailed design requirements for different 3 of 4 types of wireless installations on different types of infrastructure that exists in the right- of-way. The ordinance adds definitions for concealment elements and camouflage which will protect the City from unreasonable expansion. The definitions for maintenance, modification, and collocation have been added to help streamline permitting for the industry. Finally, the ordinance allows for necessary adaptability, by allowing the Director to publish a permitting policy and guidelines document. Financial Impacts and Budget Actions Adopting this ordinance will have no financial impact. The application processing costs for new wireless communications facilities in the right-of-way will be covered by the wireless facilities fee. New wireless communications facilities located on City infrastructure in the right-of-way will generate revenue in the form of license agreements for each installation. Prepared By: Greg deVinck, Principal Civil Engineer Approved Forwarded to Council Attachments: A. Wireless Facilities Ordinance Public Right of Way Final 07-06-2016 B. Powerpoint 4 of 4 Public Right-of-Way Wireless Communication Facilities Ordinance CityofSantaMonica|WirelessTelecommunications| 7/13/2016 Introduction The current telecom code is 12 years old, outdated and inadequate to address: Explosive demand for data. Telecom infrastructure expansion. Changes in telecom laws. Rapidly changing technology. We are proposing to address these changes by removing the old telecom sections from chapter 7.06 and creating a new code chapter to address wireless facilities in Santa Monica’s public right-of-way. CityofSantaMonica|WirelessTelecommunications| 7/13/2016 Wireless Growth: 2010-2020 EricssonAB.ͻbƚƩƷŷAmerica:EricssonMobilityReportAppendix,JuneЋЉЊЎ͵ͼ ǞǞǞ͵ĻƩźĭƭƭƚƓ͵ĭƚƒ.June2015.PDF.8July2016. CityofSantaMonica|WirelessTelecommunications| 7/13/2016 Wireless Growth: 2010-2020 EricssonAB.ͻbƚƩƷŷAmerica:EricssonMobilityReportAppendix,JuneЋЉЊЎ͵ͼ ǞǞǞ͵ĻƩźĭƭƭƚƓ͵ĭƚƒ.June2015.PDF.8July2016. CityofSantaMonica|WirelessTelecommunications| 7/13/2016 State and Federal Laws: Cities may not prohibit or create a moratorium on wireless installations. “Shot clocks” require Cities to make a determination within 60 to 150 days or the site is deemed granted! Modifications to existing sites must be approved if they are less than a “substantial change,” as defined by the F.C.C. It is illegal to deny an installation on the basis of health concerns. CityofSantaMonica|WirelessTelecommunications| 7/13/2016 Proposed Ordinance Provides achievable, specific requirements as to what is acceptable and what is not acceptable. Authorizes the Director of Public Works to make modifications as necessary to adapt to future change in regulations and technology. Defines and requires Concealment Elements to better control modifications of future installations. CityofSantaMonica|WirelessTelecommunications| 7/13/2016 Concealment Elements Screening material in matching colors. Minimizing the size of the installation. Integrating the installation into the utility infrastructure. Installing new infrastructure that compliments existing infrastructure. Selection of appropriate installation locations. CityofSantaMonica|WirelessTelecommunications| 7/13/2016 San Vicente Blvd and 4 th Street (lacking concealment) ExistingSite ЊЉ͸tallerandЏ͸wider permittedMay18,2005 withadditionalcabinets CityofSantaMonica|WirelessTelecommunications| 7/13/2016 25 th and Montana Avenue (with concealment) ExistingSite permittedMarch22,2005 Possibleexpansionwithout (Equipmentinsubterraneanvault) ConcealmentElements CityofSantaMonica|WirelessTelecommunications| 7/13/2016 Products Concealsantennaandcables CityofSantaMonica|WirelessTelecommunications| 7/13/2016 Products Integratesandconcealsantennaeandcables CityofSantaMonica|WirelessTelecommunications| 7/13/2016 Products Vaultsthatconcealequipmentbelowground CityofSantaMonica|WirelessTelecommunications| 7/13/2016 Unobtrusive designs are achievable CityofSantaMonica|WirelessTelecommunications| 7/13/2016 CityofSantaMonica|WirelessTelecommunications| 7/13/2016