City Council Meeting
June 21, 2022
Fullerton Municipal Code Amendmentfor Small Wireless Communication Facilities in the Public Right-Of-Way
Background
In 2001, the City Council adopted Ordinance No. 2982 to regulate telecommunications facilities in the public right-of-way.
In 2012, Congress enacted the Middle-Class Tax Relief and Job Creation Act (Spectrum Act). Section 6409 of the Spectrum Act requires a local government to approve any eligible facilities’ request for a modification of an existing tower or base station that does not substantially change the physical dimensions of such facility and sets timeframes for the approval process.
In 2018, the Federal Communications Commission (“FCC”) adopted Declaratory Ruling and Order No. 18-133 (“the Order”), implementing rules that limit the City’s ability to regulate the deployment of small wireless telecommunications facilities (“small cells”). The Order limits the timeframe within which the City must review and permit small cells, including all permits or permissions (the “shot clock”), and limits the fees the City can charge. 1 Purpose of Ordinance
Establish the methods by which the City will review, process, and control wireless communication facilities in the public right-of-way.
Develop series of development standards for facilities
Remain compliant with Federal Laws and Guidelines
2 Coordination
Staff & City Attorney has been coordinating/collaborating with the various telecommunication companies since late 2020.
Comments were considered and appropriate revisions were made to the ordinance 2 Code Highlights
Definitions
Application/Permit Process
Photo simulation; site selection plan (review of up to 10 locations within 500-feet from proposed project site); master pole license agreement; & more Standards for Permit Issuance
Location, Structure, & Setback Requirements
Design Standards
Conditions of Approval
3 Photo Simulations
Existing Proposed
4 Examples
5 Planning Commission:
On April 27, 2022 the Planning Commission adopted a resolution recommending that the City Council adopt the ordinance amending Title 15 of the Fullerton Municipal Code 6 Recommended Action:
Adopt the ordinance amending Title 15 of the Fullerton Municipal Code Approve the Resolution amending the Fee Schedule to be compliant with Federal requirement.
Recommend:
6 City Council Meeting
June 21, 2022
Fullerton Municipal Code Amendmentfor Small Wireless Communication Facilities in the Public Right-Of-Way 7