City Council Study Session Agenda and Packet 2017 08 22

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SUBJECT: DATE: TELECOMMUNICATIONS ORDINANCE UPDATE AUGUST 22, 2017 PAGE2OF4 BACKGROUND: Federal Regulations: There are extensive federal regulations that affect local zoning authority on wireless facilities, with a stated intent of promoting and removing barriers to the deployment of wireless infrastructure. One set of regulations require that local jurisdictions process zoning applications within a "reasonable period of time," which the FCC defines as 90 days for colocations and minor modifications and 150 days for new facilities. A local jurisdiction may determine an application is incomplete and toll (stop) the 90 or 150 -day "shot clock," but the jurisdiction must make this determination within 30 days of receiving an application. Following an applicant's supplemental submittal to address any noted deficiencies in the application, the jurisdiction must reply within 10 days if the submission did not adequately provide the missing information. This mandated review timeframe does not match the City's current process for development review. In addition to updating our administrative procedures, the revised ordinance can address some of these requirements. Another set of federal regulations requires that local jurisdictions provide administrative approvals for "minor modifications" and colocations. The FCC specifically defines what type of modification or colocation meets this threshold, which includes an increase in tower heights by up to 10% or 20 feet, whichever is greater, and extension from the edges of towers up to 20 feet. For existing support structures other than towers (which may include buildings with wireless facilities), the FCC requires that local jurisdictions allow an increase in support structure heights by up to 10% or 10 feet, whichever is greater, and extension from the edges of structures up to 6 feet. The regulations also require local jurisdictions to allow expansions of ground equipment up to 10%. The expansions and colocations must continue to comply with any zoning design requirements approved with the original zoning approval. For example, if a condition of approval was screening or painting the antennas to match the building, the expanded or collocated antennas must meet the same design requirement. In addition to updating the City's regulations to accommodate these federal mandates, the City should also consider when approving new facilities, how future applicants could expand the facilities under the "minor modification" provisions. State Regulations: Recent state legislation addresses requirements for small cell facilities and micro cell facilities in public rights of way. Small and micro cell networks and facilities differ from "macro" cell facilities in that they are conducive to being located on existing right of way infrastructure, such as utility, traffic signal and light poles. Small and micro cell facilities have a smaller reach than "macro" sites and need to be configured in a network to provide continuous coverage. Small cell facilities are limited to three cubic feet in size with associated equipment no larger than 17 cubic feet. Micro cell facilities are limited to 24 inches in length, 15 inches in width, and 12 inches in height, and include a limit of 11 inches for any exterior antenna. The state regulations require processing applications for small cell facilities within 90 days. This is a stricter standard than the CITY COUNCIL COMMUNICATION 3