HomeMy WebLinkAbout2017-04-25 - AGENDA REPORTS - STATE LEGISLATION SB 649 (2)Agenda Item: 5
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: fill
DATE: April 25, 2017
SUBJECT: STATE LEGISLATION: SENATE BILL 649
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the Legislative Committee's recommendation to oppose Senate Bill 649
(Hueso) and transmit position statements to Senator Hueso, Santa Clarita's state legislative
delegation, appropriate legislative committees, Governor Brown, and the League of California
Cities.
BACKGROUND
Authored by Senator Ben Hueso (D-San Diego), Senate Bill 649 proposes to reduce local control
and fees over small cell siting in the public right-of-way. This bill grants cell providers access to
locally owned infrastructure within the public right-of-way and in commercial and industrial
zones and prohibits local discretionary zoning review. For purposes of this summary, "small
cell" is defined as wireless telecommunications equipment used by cell providers to provide cell
service.
Specifically, this bill:
1. Establishes that a small cell is a permitted use not subject to a city or county discretionary
zoning review or discretionary permit if it satisfies the following requirements:
a. Complies with all applicable state and local health and safety regulations.
b. Is not located on a fire department facility.
c. Is located in the public right-of-way in any zone or in any zone that includes a
commercial or industrial use.
2. Grants cell providers nondiscriminatory and non-exclusive access to locally owned utility
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poles, street lights, and other suitable host infrastructure located within the public right-
of-way and in other local public places such as stadiums, parks, campuses, hospitals,
transit stations, and public buildings consistent with all applicable state and local health
and safety requirements.
3. Requires local governments to renew expiring permits for cell facilities that have
maintained compliance with use conditions adopted at the time the cell site was originally
approved.
4. Permits local governments to charge wireless permit fees that are nondiscriminatory and
cost based.
5. Permits local governments to require an administrative permit process for small cell
submissions. The administrative permit may only be subject to the following:
a. The same administrative permit requirements as similar construction projects
applied in a nondiscriminatory manner.
b. The submission of additional information showing that the small cell complies
with Federal Communications Commission's regulations concerning radio
frequency emissions.
In establishing a statewide framework for small cell deployment, this bill establishes limitations
on the process, procedures and abilities of local governments to site small cell facilities. The
City of Santa Clarita (City) currently regulates the installation and operation of wireless
telecommunications facilities, including small cells, within the public right-of-way and in
commercial and industrial zones. The City's Unified Development Code regulates the cell
proximity to residential uses and zones, underground of appurtenant equipment, and specified
design criteria. Ultimately, the City's regulations intend to preserve the health, safety and
overall quality of life of the community. If this bill passes, the City will lose its current ability to
regulate the siting and design of small cells.
The City of Santa Clarita 2017 Legislative Platform (Legislative Platform) includes components
related to local authority regarding the siting of cellular communication infrastructure.
Specifically, component 30 under the "State" section of the Legislative Platform advises that the
City Council, "Oppose state regulatory efforts to override or eliminate local authority regarding
the siting of cellular communications towers, wireless transmission sites or other infrastructure."
Senate Bill 649 passed the Senate Committee on Energy, Utilities, and Communications
unanimously (11-0, Senator Stern voted in support of this bill) and was referred to the Senate
Committee on Governance and Finance on April 5, 2017. The committee hearing date in the
Senate Committee on Governance and Finance is scheduled for April 26, 2017.
The City Council Legislative Committee met on April 11, 2017, and recommends that the City
Council adopt an "oppose" position for Senate Bill 649.
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ALTERNATIVE ACTION
1. Adopt a "neutral" position on Senate Bill 649
2. Adopt a "support" position on Senate Bill 649
3. Take no action on Senate Bill 649
4. Refer Senate Bill 649 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City's
adopted 2016/17 budget.
ATTACHMENTS
SB 649 - Cell Infrastructure Siting
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AMENDED IN SENATE MARCH 28, 2017
SENATE BILL
No. 649
Introduced by Senator Hueso
(Principal coauthor: Assembly Member Quirk)
(Coauthor: Senator Dodd)
February 17, 2017
An act to amend r,.,..tion. 65850.6 and Section 65964�f of, and to
add Section 65964.2 to, the Government Code, relating to
telecommunications.
LEGISLATIVE COUNSEL'S DIGEST
SB 649, as amended, Hueso. Wireless telecommunications facilities.
Under existing law, a wireless telecommunications collocation facility,
as specified, is subject to a city or county discretionary permit and is
required to comply with specified criteria, but a collocation facility,
which is the placement or installation of wireless facilities, including
antennas and related equipment, on or immediately adjacent to that
wireless telecommunications collocation facility, is a permitted use not
subject to a city or county discretionary permit. Existing law defines
This bill would provide that a small cell is a permitted use, not subject
to a city or county discretionary permit, if the small cell meets specified
requirements. By imposing new duties on local agencies, this bill would
impose a state -mandated local program. The bill would authorize a
city or county to require an administrative permit for small cell, as
specified. The bill would define the term "small cell"
for these purposes.
Under existing law, a city or county, as a condition of approval of an
application for a permit for construction or reconstruction of a
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development project for a wireless telecommunications facility, may
not require an escrow deposit for removal of a wireless
telecommunications facility or any component thereof, unreasonably
limit the duration of any permit for a wireless telecommunications
facility, or require that all wireless telecommunications facilities be
limited to sites owned by particular parties within the jurisdiction of
the city or county, as specified.
This bill wouldapply these prohibitions to the approval of small
faeilities as defined by this bill. require permits for these facilities to
be renewed for equivalent durations, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State -mandated local program: eyes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares that, to ensure
2 that communities across the state have access to the most advanced
3 wireless communications technologies and the transformative
4 solutions that robust wireless connectivity enables, such as Smart
5 Communities and the Internet of Things, California should work
6 in coordination with federal, state, and local officials to create a
7 statewide framework for the deployment of advanced wireless
8 communications infrastructure in California that does all of the
9 following:
10 (a) Reaffirms local governments' historic role and authority
11 with respect to wireless communications infrastructure siting and
12 construction generally.
13 (b) Reaffirms that deployment of telecommunications facilities
14 in the rights -of -way is a matter of statewide concern, subject to a
15 statewide franchise, and that expeditious deployment of
16 telecommunications networks generally is a matter of both
17 statewide and national concern.
18 (c) Recognizes that the impact on local interests from individual
19 small wireless facilities will be sufficiently minor and that such
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deployments should be a permitted use statewide and should not
be subject to discretionary zoning review.
(d) Requires expiring permits for these facilities to be renewed
so long as the site maintains compliance with use conditions
adopted at the time the site was originally approved.
(e) Requires providers to obtain all applicable building or
encroachment permits and comply with all related health, safety,
and objective aesthetic requirements for small wireless facility
deployments on a ministerial basis.
(f) Grants providers fair, reasonable, nondiscriminatory, and
nonexclusive access to locally owned utility poles, street lights,
and other suitable host infrastructure located within the public
right-of-way and in other local public places such as stadiums,
parks, campuses, hospitals, transit stations, and public buildings
consistent with all applicable health and safety requirements,
including Public Utilities Commission General Order 95.
(g) Provides for full recovery by local governments of the costs
of attaching small wireless facilities to utility poles, street lights,
and other suitable host infrastructure in a manner that is consistent
with existing federal and state laws governing utility pole
attachments generally.
(h) Permits local governments to charge wireless permit fees
that are fair, reasonable, nondiscriminatory, and cost based.
(i) Advances technological and competitive neutrality while not
adding new requirements on competing providers that do not exist
today.
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6 assoeiated equipment in the First Amendment to Nationwide
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16 (e) The 1�egislatttre finds and deelares that both small eel! an
17 eolloeation faeilities, as defined in this seetion,
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22 , the review by the eity or eottnty shall
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24 the United States Code, or as that seetion may be hefeafte
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26 SEC. 3.
27 SEC. 2. Section 65964 of the Government Code is amended
28 to read:
29 65964. Asa condition of approval of an application for a permit
30 for construction or reconstruction for a development project for a
31 wireless telecommunications faeility or stnall eell,facility, as
32 defined in Section 65850.6, a city or county shall not do any of
33 the following:
34 (a) Require an escrow deposit for removal of a wireless
35 telecommunications facility or any component thereof. However,
36 a performance bond or other surety or another form of security
37 may be required, so long as the amount of the bond security is
38 rationally related to the cost of removal. In establishing the amount
39 of the security, the city or county shall take into consideration
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information provided by the permit applicant regarding the cost
of removal.
(b) Unreasonably limit the duration of any permit for a wireless
telecommunications facility. Limits of less than 10 years are
presumed to be unreasonable absent public safety reasons or
substantial land use reasons. However, cities and counties may
establish a build -out period for a site. A permit shall be renewed
for an equivalent duration unless the city or county makes a finding
that the wireless telecommunications facility does not comply with
the codes and permit conditions applicable at the time the permit
was initially approved.
(c) Require that all wireless telecommunications facilities be
limited to sites owned by particular parties within the jurisdiction
of the city or county.
SEC. 3. Section 65964.2 is added to the Government Code, to
read:
65964.2. (a) A small cell shall be a permitted use not subject
to a city or county discretionary permit if it satisfies the following
requirements:
(1) The small cell is located in the public right-of-way in any
zone or in any zone that includes a commercial or industrial use.
(2) The small cell complies with all applicable state and local
health and safety regulations.
(3) The small cell is not located on afire department facility.
(b) (1) A city or county may require that the small cell be
approved pursuant to a single administrative permit provided that
the permit is issued within the time frames required by state and
federal law.
(2) An administrative permit may be subject to the following:
(A) The same administrative permit requirements as similar
construction projects applied in a nondiscriminatory manner
(B) The submission of additional information showing that the
small cell complies the Federal Communications Commission's
regulations concerning radio frequency emissions referenced in
Section 332(c)(7)(B)(iv) of Title 47 of the United States Code.
(3) The administrative permit shall not be subject to:
(A) Requirements to provide additional services, directly or
indirectly, including, but not limited to, in -kind contributions such
as reserving fiber, conduit, or pole space.
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(B) The submission of any additional information other than
that required ofsimilar construction projects, except as specifically
provided in this section.
(C) Limitations on routine maintenance or the replacement of
small cells with small cells that are substantially similar, the same
size or smaller:
(D) The regulation of any antennas mounted on cable strands.
(c) A city or county shall not preclude the leasing or licensing
of its vertical infrastructure located in public right-of-way or public
utility easements under the terms set forth in this paragraph.
Vertical infrastructure shall be made available under fair and
reasonable fees, terms, and conditions and offered on a
nondiscriminatory basis for small cells. Fees shall be cost -based,
and shall not exceed the lesser of either of the following:
(1) The costs of ownership of the percentage of the volume of
the capacity of the vertical infrastructure rendered unusable by a
small cell.
(2) The rate produced by applying the formula adopted by the
Federal Communications Commission for telecommunications
pole attachments in Section 1.1409(e)(2) of Part 47 of the Code
of Federal Regulations.
(d) A city or county shall not unreasonably discriminate in the
leasing or licensing of property not located in the public
right-of-way owned or operated by the city or county for
installation of a small cell. A city or county shall authorize the
installation of a small cell on property owned or controlled by the
city or county not located within the public right-of-way to the
same extent the city or county permits access to that property for
commercial projects or uses. These installations shall be subject
to reasonable and nondiscriminatory rates, terms, and conditions.
(e) For purposes of this section, the following terms have the
following meanings:
(1) (A) "Small cell" means a wireless telecommunications
facility, as defined in Section 65850.6, using licensed or unlicensed
spectrum that meets the following qualifications:
(i) Any individual antenna, excluding the associated equipment,
is individually no more than three cubic feet in volume, and all
antennas on the structure total no more than six cubic feet in
volume, whether in a single array or separate.
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(ii) (I) The associated equipment on pole structures does not
exceed 21 cubic feet for poles that can support fewer than three
providers or 28 cubic feet for pole collocations that can support
at least three providers, or the associated equipment on nonpole
structures does not exceed 28 cubic feet for collocations that can
support fewer than three providers or 35 cubic feet for collocations
that can support at least three providers.
(II) The following types of associated ancillary equipment are
not included in the calculation of equipment volume:
(ia) Electric meters and any required pedestal.
(ib) Concealment elements.
(ic) Any telecommunications demarcation box.
(id) Grounding equipment.
(ie) Power transfer switch.
(ifi Cut-off switch.
(ig) Vertical cable runs for the connection of power and other
services.
(B) "Small cell" does not include communications infrastructure
extending beyond the telecommunications demarcation box.
(2) "Vertical infrastructure" means all poles or similar facilities
owned or controlled by a city or county that are in the public
right-of-way or public utility easements and meant for or used in
whole or in part for communications service, electric service,
lighting, traffic control, signage, or similar functions.
(f) The Legislature finds and declares that small cells, as defined
in this section, have a significant economic impact in California
and are not a municipal affair as that term is used in Section 5 of
Article XI of the California Constitution, but are a matter of
statewide concern.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level ofservice mandated by this act, within the meaning of Section
17556 of the Government Code.
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