These minutes will be considered for approval at the Planning Commission meeting of 2-5-2025.
MINUTES OF THE STUDY SESSION
OF THE CITY OF SAN CLEMENTE
PLANNING COMMISSION
December 18, 2024 @ 5:00 p.m.
San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org
CALL TO ORDER
Chair Cosgrove called the Study Session of the Planning Commission of the City of San Clemente to order at 5:21 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.
ROLL CALL
Commissioners Present: Barton Crandell, Scott McKhann, Karen Prescott-Loeffler, Chair Cameron Cosgrove, and Brent Davis
Commissioners Absent: Chair Pro Tem Gary P. McCaughan, M.D.
Staff Present: Jonathan Lightfoot, City Planner
Gena Burns, Deputy City Attorney
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
A. Wireless Telecommunications Alternative Site Analysis Process A study session focused on reviewing the Wireless Telecommunications Alternate Site Analysis Process.
A Presentation by Robert May, Managing Partner at Telecom Law Firm, who provided an educational overview of federal laws and best practices for evaluating wireless applications.
Federal Telecommunications Laws:
• Section 332: Governs personal wireless service facilities and prohibits unreasonable discrimination.
• Section 253: Addresses telecommunications services and infrastructure in public rights-of-way.
• Section 1455a: Focuses on modifications to existing facilities.
Minutes of Planning Commission Study Session of December 20, 2024 Page 2 Key Concepts Discussed:
• Effective Prohibitions: Denial of applications must not prevent providers from closing service gaps or inhibit fair competition.
• Least Intrusive Means: Applicants must explore alternative sites. Cities can suggest less intrusive alternatives if proposed sites conflict with local values. • Material Inhibition Standard: Local rules must not materially inhibit competition, though not all challenges or costs qualify as material. • RF Compliance: Cities can enforce compliance with FCC exposure standards but cannot impose stricter rules. Testing for compliance before approval and monitoring compliance over time are permitted.
• Wireless Master Plan: San Clemente's existing Wireless Master Plan outlines preferred locations and design standards. Updates to the plan may be considered in the future.
• General Guidelines for Local Policies: Emphasis on clear, comprehensive, and ranked preferences for wireless facility placement and design to align with local values.
• Annual Compliance Checks: Cities cannot mandate annual RF testing but can require annual affirmations of compliance by qualified engineers. • Educational Objective: The session aimed to inform Commissioners about their decision-making framework and federal guardrails, rather than to develop new standards.
ADJOURNMENT
IT WAS MOVED BY CHAIR COSGROVE TO ADJOURN THE STUDY SESSION UNTIL ITS NEXT REGULARLY SCHEDULED MEETING ON JANUARY 22, 2025, AT 5:00 P.M.
Respectfully submitted,
Cameron Cosgrove, Chair
Attest:
Jonathan Lightfoot, City Planner