HomeMy WebLinkAboutSeal Beach -- Wireless Telecom CC Action 01 28 19 PPT v02
City Council
January 28, 2019
SMALL WIRELESSFACILITY ORDINANCE
•••Design objectives and permitsMandated permit review timelinesExamples of typical installations
•National 5G strategy.
Presentation Summary
•Federal law and regulations.
•City Ordinance
5G TECHNOLOGY
••••••Increased wireless capacity.Smart transportation controls & driverless car networks.Medical monitoring, consultations and services.Smart utility meter reading and system operation.Home
internet and cable TV services.Faster mobile phone and internet.
•National priority to lead in 5G roll-out in 2020.
5G Driving Forces
•New services:
•Finstallations in Seal Beach. acilitate America's Superiority in 5G Technology plan designed to:
•••Speed Establish clear local approval Ban municipal roadblocks.up state and local review of small cells deadlines.
•5G build-out will result in a denser service network of 50 to 100
The FCC's 5G FAST Plan
FEDERAL AND STATE LAWS
andand
Federal Law
prohibiting wireless telecommunications prohibiting wireless telecommunications City cannot City cannot City regulations cannot City regulations cannot discriminate among providers of
functionally discriminate among providers of functionally equivalent equivalent prohibit or have the effect of prohibit or have the effect of servicesservicesservices in PROW, services
in PROW,
Federal Preemptions
City cannot deny an application based on radio City cannot deny an application based on radio
frequency concerns and must act within a set frequency concerns and must act within a set period of time of 60 to 150 days.period of time of 60 to 150 days.
State Preemption and ROW Management
reasonably regulate the time, manner and place of reasonably regulate the time, manner and place of may not incommode the public use of the road or may not incommode the public use of
the road or Wireless providers may access the PROW butWireless providers may access the PROW buthighway; andhighway; andaccessaccess
City has the right to manage the PROW and City has the right to manage the PROW and
CITY OBJECTIVES AND ACTIONS
within legal limitations
•Comply with Federal and State Law
••••Limit Prevent safety impactsPreserve aestheticsMinimize public rightvisual and noise impacts-of-way interference
•Protect community interests
•••Implement design and development guidelines and standards Establish application and review process to:Support advanced technology build-out
City Response
Undesirable Installations
•Occupy the least amount of space in PROW as possible
••••••Ensure pedestrian, ADA and vehicle access within PROWInternal BlendedPreference for subterranean or Minimize visual clutter and noise impactsEnsure emergency services access to
PROWpolecabling, subdued color and design-mounted equipment
Seal Beach Design Objectives
•••Max height less than 10% cubic feetvolume does not exceed 28 Radio, antenna and equipment is higherto greater than 50 ft. whichever structures by more than 10% or Does not extend
existing (e.g. 3 ft. for 30 ft. pole)higher than adjacent facilities
Small Wireless Permit Design Examples
WIRELESS FACILITY PERMITS
Small Wireless Facility Eligible Facilities Permit (SWFP)Permit (EFP)
••Confirmation of complete applicationdesigneeReview for compliance design requirements
••••Application submittalPosting of determination letter on web siteApproval of permit by Public Works Director or Public notice of application
Permit Procedures
requirements of EFP or SWP or vehicular safety or emergency services access
•Complete application
•••Meets design, location and other development Installation will not interfere with public access, pedestrian Does not include power generators unless special findings
••All public notices have been given by the applicantProposed installation is designed such that:
•Applicant has the right to enter the PROW
General Permit Approval Findings & Decision
Ordinance process to comply with law and FCC
•••Application submittal starts shotaction & presumption of Failure to issue timely decision, City subject to legal 60 (shot clock paused)-90 days to issue final permit decisioneffective
prohibition-clockunder
••10 days to notify applicant of incomplete application federal law.30 days to notify applicant of incomplete re(shot clock re-sets)-submittal
Facilities Permit (New Facilities Permit Small Wireless Small Wireless
(Existing Structure)Structure)
Permit Shot Clocks
whichever is greater;larger in height or overall existing cabinets, or more than six feet; involve volume; installation of ground cabinets that are more than 10%
City may not deny, and shall approve, an eligible facilities request to
modify an existing wireless tower or base station that does not:
••••••Increase the overall DEntail Include installation of new equipment cabinets on the ground if there are no preInstall new groundInstall an appurtenance that would protrude from
edge of tower or base station by efeat the existing concealment elementsany excavation or deployment outside the current -mounted equipment cabinets when there are none;height of tower
or base station by more than 10% or 10 feet, site;-
Eligible Facilities Permit Review
deemed approved by operation of law.
existing WCF that does not result in above, must be approved within 60 days or the application will be a substantial change as defined
The bottom line for the City is that any application to modify an
Eligible Facilities Permit Review
concerns about radio frequency emissions (EMF)
•Adeadlines (shot clocks) set by federal and state Eligible Facilitiesor designeell applications are reviewed and decided by Public Works Director laws
•••••City cannot prohibit wireless telecommunications facilities in PROWApplications and appeals Cities cannot prohibit wireless facilities based on environmental Cities cannot discriminate
against similar wireless providersLaw limits design review and development standards especially for must be reviewed and decided within time
Summary