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Report regarding a resolution approving a Master License Agreement for small cell wireless facilities installation; approving administrative and license fees proposed pursuant to the Agreement; authorizing the City Manager to execute the Agreement; and authorizing the Finance Director to amend the Master Fee Schedule. (Sailesh Mehra, Chief Planner and Jason Rosenberg, City Attorney)
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RECOMMENDATION
Recommendation
Staff recommends that the City Council adopt a resolution approving the Master License Agreement for small cell wireless communication facilities, approving administrative and license fees proposed pursuant to the Agreement, authorizing the City Manager to execute the Agreement, and authorizing the Finance Director to amend the Master Fee Schedule.
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BACKGROUND
Under existing federal and state law, local municipalities retain certain authority to regulate wireless telecommunication facilities in the public right-of-way, including the authority to impose discretionary permit requirements and require reasonable compensation
In October, 2017, the City adopted an ordinance which regulated wireless telecommunication facilities by adding a chapter to specifically address small cell wireless communications facilities (SCWF) presence in the City. That ordinance established a comprehensive set of requirements and standards to regulate SCWF development, siting, installation, operation, and cessation. These requirements aim to protect and promote public safety, community welfare, and municipal aesthetics consistent with the goals, objectives, policies of the General Plan and in conformance with federal and state law. The ordinance defines relevant terms in SCWF regulation; prescribes permitted facilities and license areas; imposes standard requirements for all SCWF installation, operation, maintenance and cessation of operation; requires SCWF applicants to obtain a ministerial permit in compliance with permit criteria; and establishes a pe...
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