PRESENTATION - 2024 Wireless Small Cell - Design Standard and Ordinance Update FINAL

2024
Wireless Small Cell
Design Standard and
Ordinance Update
Public Works Department
Jay Yu, Engineering Manager
City Council Study Session
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TABLE OF CONTENTS
I. Questions for Council
II. Background
III. 2024 Update Approach
IV. Community Feedback
V. Next Steps
VI. Questions for Council
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I. Questions for Council
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I. QUESTIONS

1. Conformance To Other Regulations: Comply with state mandated batch processing rules

2. Definitions and Clarity: Explore objective design standards to make installations less intrusive

3. Appeal Process: Allow hearing officers to consider appeals and extend the appeal timeframe from 5 to 10 days.

4. Public Notice and Outreach: Make on-site notices of proposed facilities more visible and in more languages.

5. Definitions and Clarity: Revise the design standards to be more objective, such as adding a definition of “technically infeasible,” remove conflicting requirements, and clarify which standards apply to which design cases.

6. Required Facility Separation: Maintain the existing 250-foot separation requirement between freestanding poles.

7. Post Construction: Require applicants to submit an annual radio frequency (RF) report for each installed facility.

8. Pole Options: Expand pole options to reduce impacts on the right-of-way, including more discretion to use freestanding poles when warranted.

9. City Internal Review Process: Explore options to use third-party experts to assist with technical reviews.

10. Installation Standard: Explore options to reduce the number of meter pedestals in the right-of-way.

11. Conformance To Other Regulations: Amend the design guidelines to be consistent with other application regulations

12. Application Requirement: Revise application requirements to require all relevant information to be submitted as part of the permit application for transparency and to allow staff and the public to better understand the proposal and feasible alternatives.

13. Appeal Cost Recovery: Adopt a fee to recover costs for appeal hearings, as there is currently no such fee. 4 of 31
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II. Background
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II. Background
2018
First application
for small cell
received
2019
FCC 18-133
“Small Cell Order”
2020
Development of
Wireless Small Cell
Design Standards
and Ordinance
(Update)
2021
Adoption of New
Design Standards
and Ordinance
2024 (Now)
Updating Wireless
Small Cell Design
Standard and
Ordinance
2018
Adopted first
Wireless
Ordinance
(17.10)
2021 - 2024
Large influx of wireless
small cell applications
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▪ AB 965 - Batching of
Applications.

Industry StandardsLaws and Regulation
▪ PG&E Meter Self-
Certification Process
▪ PG&E Shrouding of
Meters
▪ PG&E Pole Requirements
▪ GO95 - Changes
Lessons Learned
▪ Constructability
challenges
▪ Review process related
to meeting the shot-
clock
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III. 2024 Update Approach
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III. 2024 Update Approach
City Community Industry
2024 Updated
Wireless Small Cell and Design
Standard and Ordinance
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IV. Community Feedback
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Cannot adopt
regulation that
“effectively
prohibits”
providers from
providing service.
47 USC § 332 (c)(7)(B)(i)(II)
The City has no
authority on
health effects
from RF
Emissions.
(47 USC 332 (c)(7)(B)(iv))
IV . Community Feedback – Things to Remember 11 of 31
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IV . Community Feedback
+ +
Community Meetings Email Letters
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IV . Community Feedback – Main Themes

COMMUNITY INDUSTRY
Restrictions
on Residential
Land-Uses
Gap In
Coverage
Appeal
Process
City Internal
Review
Process
Public Notices
and Outreach
Definitions
and Clarity
Post
Construction
Required
Facility
Separation
Pole Options
Conformance
to Other
Regulations
Technical
Installation
Standards
Appeal
Process
Pole Options
Definitions
and Clarity
Application
Requirements
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Summary:

Want applicants to
demonstrate there is a
significant gap in coverage
in the application.

Examples

1. Provide signal maps, speed test
data, geographic distribution of
wireless service and data from
a drive test.

COMMUNITY INDUSTRY
Did not comment on this
topic during the comment
period.

IV . Community Feedback – Gap in Coverage 14 of 31
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Summary:

Impose specific restrictions
in residential land-uses.

Examples

1. Setback requirements

2. Special design guidelines for
residential land-uses

COMMUNITY INDUSTRY
Did not comment on this
topic during the comment
period.

IV . Community Feedback – Restrictions in Certain Land-Uses 15 of 31 16 of 48
Summary:

Extend the appeal period
and to place the burden of
proof on the applicant.

Examples

1. Extending the appeal window
from its current five (5) days to
something longer.

2. Burden of proof for appeals to be
with applicant

COMMUNITY INDUSTRY
Summary:

Want to have a
streamlined appeal
process.

Example

1. Switching the appeal body to a
different entity.

IV . Community Feedback – Appeal Process 16 of 31
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Summary:

Make notifications more
noticeable and in more
languages. Also require
mandatory public
meetings.

Examples

1. Require multiple languages in
notices.

2. Require mandatory public
meetings.

COMMUNITY INDUSTRY
Did not comment on this
topic during the comment
period.

IV . Community Feedback – Public Notice and Outreach 17 of 31 18 of 48
Summary:

Provide definitions for
language that is critical to
the application review
process.

Example

1. Define “technically feasible”

COMMUNITY INDUSTRY
Summary:

Remove subjectively in the
design standards. Want
more objectivity in how
design standards are
interpreted and applied.

Example

1. Provide an objective criteria on
what “obtrusive” means.

IV . Community Feedback – Definition and Clarity 18 of 31 19 of 48
Summary:

Increase the separation
between facilities.

Example

1. Facilities cannot be closer than
250 feet of each other.

COMMUNITY INDUSTRY
Did not comment on this
topic during the comment
period.

IV . Community Feedback – Required Facility Separation 19 of 31 20 of 48
Summary:

Restrict the number of
pole options small cell
facilities are allowed to be
installed on.

Example

1. Do not allow wireless small cell
facilities on City owned
streetlights.

COMMUNITY INDUSTRY
Summary:

Want to expand the pole
options.

Example

1. Allow wireless small cell
facilities to be installed on
traffic signal poles.

IV . Community Feedback – Pole Options 20 of 31
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Summary:

Require reoccurring
monitoring of RF emissions
after site is operational.

Example

1. Annual RF certification reports
by the applicant and/or City
Staff.

COMMUNITY INDUSTRY
Did not comment on this
topic during the comment
period.

IV . Community Feedback – Post Construction 21 of 31
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Summary:

Provide more transparency
on applications during the
review process and for
more review oversight.

Example

1. More technical expert
reviewing of the applications
(RF Emissions, etc.)

2. Require the applicant to
provide a hosting portal for
applications.

COMMUNITY INDUSTRY
Did not comment on this
topic during the comment
period.

IV . Community Feedback – City Internal Review Process 22 of 31 23 of 48

COMMUNITY INDUSTRY
Summary:

Soften voltage drop
requirements to reduce
the amount of meter
pedestals installed in the
public right-of-way
Example

1. Change the voltage drop
requirement from 3% to 5%.

Did not comment on this
topic during the comment
period.

IV . Community Feedback – Installation Standards 23 of 31 24 of 48

COMMUNITY INDUSTRY
Summary:

Update design standards
to be in conformance with
latest industry
requirements/regulations.

Example

1. FCC volume limits, PG&E
requirements, CPUC
requirements, etc.

Did not comment on this
topic during the comment
period.

IV . Community Feedback – Conformance w/ Other Regulations 24 of 31 25 of 48
Summary:

To place the burden on the
applicant to demonstrate
through the application a
need for the facility

COMMUNITY INDUSTRY
Summary:

To require less documents
and only submit what is
legally required.

IV . Community Feedback – Application Requirements 25 of 31 26 of 48IV . Community Feedback – Summary
Restrictions on Residential Land-Uses
Gap In Coverage
Appeal Process
City Internal Review Process
Public Notices and Outreach
Definitions and Clarity
Post Construction
Required Facility Separation
Pole Options
Conformance to Other Regulations
Technical Installation Standards
Application Requirements
MORE

RESTRICTIVE
LESS
RESTRICTIVENEUTRALIndustryCommunity
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V. NEXT STEPS
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Bethany Lopez
650-522-7313
V . Next Step
June 2023 – April 2024
Community Engagement
5/6/24
City Council
Study Session
Summer 2024
SIC
Draft Updated
Design Standards
and Ordinance
Review
Summer/Fall 2024
City Council
Introduction
Draft Updated
Design Standards
and Ordinance
Fall 2024
CC
Design Standards
and Ordinance
Adoption
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VI. QUESTIONS
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I. QUESTIONS