RESOLUTION No. 2020-xxxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING A POLICY ON SMALL WIRELESS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY TA19-0002
City of San Marcos
WHEREAS, the City of San Marcos adopted a Text Amendment (TA19-0002) to San Marcos Municipal Code (SMMC) Chapter 20.465 to implement the FCC adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the “Small Cell Order”) as partially invalidated by the United States Court of Appeals for the Ninth Circuit (City of Portland v. United States, 969 F.3d 1020 (9th Cir. 2020); and WHEREAS, the text amendment to San Marcos Municipal Code (SMMC) Chapter 20.465 refers to and reference a City Council Policy on Small Wireless Facilities within the Public Rights-of-Way for permit requirements and various development standards; and WHEREAS, the Development Services Department did study the Small Cell Order, and recommends approval of a new City Council Policy on Small Wireless Facilities within the Public Rights-of-Way in conjunction with the adoption of Text Amendment (TA) 19-0002 to SMMC Chapter 20.465 (Ordinance No. ##-####); and WHEREAS, the proposed City Council Policy on Small Wireless Facilities within the Public Rights-of-Way were circulated and posted on the City’s website for a 30-day comment period from October 24 to November 3, 2022; and WHEREAS, on November 3, 2022, the City held a public workshop to provide an informational overview of the proposed project to the general public; and WHEREAS, on January 17, 2023, the San Marcos Planning Commission held a duly noticed public hearing and recommended approval of said request and the appropriate environmental document for said request to the City Council by a 7-0 vote, in favor; and WHEREAS, on February 28, 2023, the City Council held a duly noticed public hearing in the manner prescribed by law to consider said request; and WHEREAS, the City Council did review and consider a Categorical Exemption (EX 22-043) pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3), Review for Exemptions – Common Sense Rule, in that adoption of this Ordinance and Policy would enact changes in land use regulations adding additional regulations and siting requirements on wireless facilities that would reduce their impacts, and it can be seen with certainty that its adoption will not have a significant effect on the environment because it will not allow for the development of any new or expanded wireless telecommunication facilities anywhere other than where they were previously allowed under existing federal, state and local regulations. Individual development applications will be reviewed under CEQA as they are proposed, and applications for wireless telecommunications facilities are themselves generally subject to a Class 3 CEQA exemption for construction, installation or conversion of small facilities or structures under CEQA Guidelines Section 15303.
NOW, THEREFORE, the City Council does hereby resolve as follows:
The foregoing recitals are true and correct, and are hereby incorporated by reference into this Resolution.
The City Council hereby approves and adopts the Policy on Small Wireless Facilities within the Public Rights-of-Way as shown in the attached Exhibit A, incorporated by reference and made a part of this Resolution as though fully set forth herein.
The City Council’s decision is based on the following findings and determinations:
The proposed City Council Policy will not adversely affect the implementation of the San Marcos General Plan in that the Text Amendment and City Council Policy does not conflict with any goal, objective, or policy of the General Plan. The City Council Policy is consistent with and will implement General Plan goal LU-17, in that it will encourage provision of power and communication systems that provide reliable, effective and efficient service for San Marcos.
The proposed City Council Policy will not be detrimental to the public health, safety, morals, and welfare in that the City Council Policy is consistent with the Text Amendment to SMMC Chapter 20.465 and will implement the Small Cell Order, in compliance with federal and California state law.
This City Council Policy is Categorically Exempt (EX22-043) from environmental review pursuant to CEQA 15061(b)(3), Review for Exemptions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of San Marcos, California, at a regular meeting thereof, held on this 28th day of February, 2023 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Rebecca D. Jones, Mayor
ATTEST:
Phillip Scollick, City Clerk
Attachment(s):
Exhibit A – Policy on Small Wireless Facilities within the Public Rights-of-Way
EXHIBIT A
Policy on Small Wireless Facilities within the Public Rights-of-Way Resolution No. 23-xxxx
TA19-0002
February 28, 2023