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Section 7.06 Right-of-Way Management Regulations is outdated based on the ongoing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
ЊЉtallerandЏwider
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