City Council Minutes 2018 09 04 - Laserfiche WebLink

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City Council Meeting Minutes September 4, 2018 Page 7 of 14 to update and improve the design and location standards, and to ensure the regulations accommodate public safety. New Federal regulations preempt local rule s and require local governments approve applications that have non -substantial changes within 60 days, approve those with substantial changes within 90 days, and new applications within 150 days. New State regulations also preempt local regulations and apply to small cell facilities in the right-of-way. They do allow local governments to regulate design and location but local governments may approve applications for small cell facilities in the right-of-way with a licensing agreement within 90 days. This update reflects the City's desire to accommodate wireless facilities, minimize impacts to the community, encourage colocation, and encourage providers to provide services to the city quickly, effectively and effciently. It establishes applicability requirements for different types of facilities, exempts certain facilities, and allows temporary facilities for special events or declared emergencies. She noted there are standards that apply to all wireless facilities which include compliance with federal requirements and addressing operational and maintenance requirements, abandonment and removal, colocation requirements, and lighting restrictions. Wireless facilities are allowed in the right-of-way through a license agreement with design standards for concealment and compatibility, height requirements, and separation requirements. There are also regulations related to interference with vehicular, pedestrian and bicycle circulation, or other hazards to public safety. Wireless facilities not in the right-of-way are allowed on non -residentially zoned properties and on institutional structures or structures with 8 or more units on residentially zoned property. There are also design regulations for wall -mounted facilities, roof -mounted facilities, freestanding and alternative tower structures, and ground -based accessory equipment. These procedures and requirements meet the mandated timelines under federal and state regulations, provide for administrative review for facilities that meet the code, and allow for a Special Review Use process for new freestanding towers, new non -small cell facilities in the right-of-way; and for facilities not meeting the standards in the code. Staff feels these new regulations will allow more flexibility in more locations, but it also raises the bar on the design standards. Staff has worked with Verizon and feels the new ordinance meets some but not all of their requests. There was a letter from Verizon that speaks to a waiver for height being administratively granted by staff under certain conditions. This would require a small change to the ordinance. These areas need more review and staff is requesting a continuance tonight to make a change to the ordinance.