HomeMy WebLinkAbout- - Telecommunications Facilities in Public - 11/15/2011CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 15, 2011
SUBJECT: TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY
DATE: NOVEMBER 3, 2011
ITEM NUMBER:
FROM: DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: CLAIRE FLYNN, A1CP, ACT. ASST. DEVELOPMENT SVCS. DIRECTOR
FOR FURTHER INFORMATION CONTACT: CLAIRE FLYNN (714) 754-5278
claire.flynn@costamesaca.gov
RECOMMENDATION
Pursuant to the Planning Commission's direction, authorize more than 4 hours of staff
time to address telecommunication facilities in the public right-of-way, including
discretionary review by the Planning Commission, as applicable.
BACKGROUND
Telecom Facilities in the Public Right -of -Way
Although the Planning Commission's purview is primarily focused on Title 13 (Zoning
Code) and Title 20 (Property Maintenance), Commission may raise issues which will
then be addressed by the appropriate City staff, as applicable. In this case, the
telecommunications regulatory ordinance can be found in Title 19, Chapter I, Article 7
of the Costa Mesa Municipal Code.
Utility applications for work in the public right of way are submitted and processed by
the Public Services Department as stipulated by the City's municipal code. This section
is also ruled by the Federal Communications Commission (FCC) rules and regulations.
If applicable, these permit applications are routed to other departments for review and
conditioning. Public Services staff compile the comments from other departments and
add additional conditions/requirements to the permit. Other than the fees allowed to be
charged to offset the encroachment permit and inspection costs, no additional revenue
is derived from these types of facilities in the public right-of-way.
F Mobile Antenna in the Eastside
Concerns have been raised regarding the T -Mobile telecommunications antenna at 396
E. 201h Street. The equipment vault is located underground and the pole structure is
18" in diameter and 108" high. The concerns related to aesthetics, height, public
noticing, and the overall approval process for permitting these types of facilities in the
public right-of-way.
At this time, pursuant to the regulations set forth in Title 19 as well as relevant
State/Federal statutes, the review/approval of telecommunications facilities is a
ministerial review similar to a building permit. There is little to no discretion applied
when approving these facilities provided that they comply with building, engineering,
and reasonable aesthetic requirements. They are generally considered in a similar
manner as other utilities, including Southern California Edison utility cabinets.
Additionally, the Code does not specify public notice procedures for these types of
applications. Until the Code is amended or new procedures adopted, telecom facilities
in the public right-of-way are processed as `over-the-counter" type of permits without a
public hearing or public noticing.
New Development Standards and Review Process
Subsequent to the approval and installationof the T -Mobile antenna, the Planning
Commission considered changes to the existing approval process for telecom facilities
in the public right-of-way. The proposed work effort would accomplish the following
objectives:
• Create opportunity for public noticing to solicit public input on a proposed
telecom facility in the public right-of-way.
Require discretionary review, as applicable, to the fullest extent as allowed
pursuant to State and Federal laws for telecom facilities in the public right-
of-way.
If a discretionary review process is in place, establish the Planning
Commission as the final review authority with its decisions appealable to the
City Council.
Consider options to implement the new regulations, including but not limited
to, (a) establishing a new Council policy, {b} Amendment to Title 19 of the
Costa Mesa Municipal Code, etc.
ALTERNATIVES CONSIDERED
City Council has the following alternatives available for consideration:
1. Direct staff to development moaram that addresses telecommunication facilities in
the public right-of-way.
2. Receive and File. No further activity will occur on this proposal unless directed by
the City Council at a future date.
FISCAL REVIEW
Fiscal review is not required.
LEGAL REVIEW
Legal review is not required.
CONCLUSION
The Public Services Director will be available to respond to specific questions regarding
the permitting process for the T -Mobile antenna at the meeting. City Council may
provide direction to staff to specify regulations and a public review process for these
telecommunications facilities in the future. The new regulations, design guidelines, and
requirements may be adopted by City Council resolution or codified in the Municipal
Code by ordinance.
�� (f
CLAIRE FLYNN, AICP
Act. Asst. Dev. Svcs. Director
KHANH NGUYEN LF
Interim Development Sermces Director
cc: Chief Executive Officer
Assistant Chief Executive Officer
City Attorney
Public Services Director
Transportation Svs. Manager
City Engineer
City Clerk
Staff (4)
File (2)
.y�
ERNESTO M OZ
Interim Public Services Director