RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA APPROVING GUIDELINES FOR BATCH BROADBAND PERMIT PROCESSING WHEREAS, Chapter 11.22. (Wireless Telecommunications Facilities in the Public Right-of-Way) and Chapter 18.111 (Wireless Telecommunications Facilities) of the Rialto Municipal Code regulate wireless facilities in the City; and WHEREAS, the Governor signed Assembly Bill (“AB”) 965 into law on October 8, 2023, which requires cities to use “batch broadband permit processing” when it: (1) receives two or more broadband permit applications for “substantially similar broadband project sites;” (2) submitted at the same time; and (3) by the same applicant; and WHEREAS, AB 965 defines “substantially similar broadband project sites” as “broadband project sites that are nearly identical in terms of equipment and general design, but not location;” and WHEREAS, AB 965 does not define what the phrase “nearly identical in terms of equipment and general design, but not location” means; and WHEREAS, the City desires to adopt guidelines defining the phrase “nearly identical in terms of equipment and general design, but not location” so that it can comply with AB 965.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City will consider applications under Assembly Bill 965 for batch broad permit processing as “nearly identical in terms of equipment and general design, but not location” if they:
Require the same permits;
Are the same kind of facilities (ex: all the applications received are stealth facilities, roof mounted facilities, ground mounted facilities etc.); Must be on the same type of property (for example: the City will not batch process an application on private property along with an application on public property); Must be in the same zoning district (for example will only batch process applications for permits in industrial zones and will not batch process permits for some facilities in commercial and residential zones); If applications are for ground mounted facilities, then the required landscape planter must be located in similar locations and the same plants or trees in the landscape planters must be proposed; The proposed facilities are within 5 feet of each other in height/elevation; The proposed facilities have similar power output and operating frequency for any proposed antenna array; Use the same material for enclosures;
Have similar accessory equipment which is located in similar locations, whether above ground or below ground; Use the same material for exterior finishes;
Do not require illumination with the exception of security and maintenance lighting approved by the Director of Community development; Have compatible architecture, color, texture, and materials; and Only collocation applications can be considered substantially similar to other collocation applications.
PASSED, APPROVED, and ADOPTED on this __th day of _____________, 2024.
DEBORAH ROBERTSON, Mayor
ATTEST:
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No.____ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ____ day of ______________, 2024.
Upon motion of Councilmember ____________, seconded by Councilmember ____________, the foregoing Resolution No. ______ was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this _____ day of _________________, 2024. ____________________________________
BARBARA A. McGEE, City Clerk
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