For City Council Meeting of November 12, 2024
TO: Honorable Mayor and City Council
FROM: G. Michael Milhiser, Interim City Manager
AUTHOR: Colby Cataldi, Director of Community Development
Title
Request the City Council Conduct a Public Hearing to consider an exemption (Environmental Assessment Review No. 2024-0022) in accordance with the California Environmental Quality Act (CEQA), and (2) Ordinance No. 1696 adopting Zoning Code Amendment No. 2024-0002 (Master Case No. 2024-0016), for amendments to the Rialto Municipal Code (Title 11 Streets and Sidewalks, Section 11.22 Wireless Telecommunications Facilities in the Public Right-of-Way; and Title 18 Zoning Code, Section 18.111 Wireless Telecommunications Facilities) for telecommunication facilities within the public right-of-way and private property, and approve Resolution No. 8302 “Guidelines for Batch Broadband Permit Processing”.
(ACTION)
Body
RECOMMENDATION:
Staff recommends that the City Council:
1. Find the project is exempt under the California Environmental Quality Act (CEQA) Guidelines, Section 15061(b)(3) - Review for Exemption; and,
2. Adopt an Ordinance No. 1696 for Zoning Code Amendment (ZCA) No. 2024-0002, amending Chapters 11.22 and 18.111 of the Rialto Municipal Code regulating wireless telecommunications facilities located on private and public property (Exhibit A); and,
3. Approve Resolution No. 8302 adopting Guidelines for Batch Broadband Permit Processing (Exhibit B).
BACKGROUND:
On March 23, 2010, the City Council approved Ordinance No. 1456, adding Section 18.111 “Wireless Telecommunications Facilities” to the Rialto Municipal Code requiring all new Facilities to be stealth in appearance. The proposed amendments are updates to Section 11.22.090 of Chapter 11.22 of the Rialto Municipal Code to address new owners or operators of wireless telecommunications facilities within the public right-of-way. The requested amendment also addresses these facilities located within private property under the newly established Section 18.111.100 of Chapter 18.111 of the Rialto Municipal Code (RMC). From time to time, it is important to reevaluate standards and modify or amend as needed.
Additionally, it is recommended to adopt the “Guidelines for Batch Broadband Permit Processing” to be in compliance with Assembly Bill (“AB”) 965 - signed into law on October 8, 2023. The Batch Broadband Permit Process requires cities to process two (2) or more broadband permit applications that are submitted at the same time, by the same applicant, and located within similar project sites be processed together. The intent of the guideline is to clarify the phrase “substantially similar broadband project sites”.
ANALYSIS/DISCUSSION:
From time to time, it is important to update the Rialto Municipal Code with the latest State and local requirements. The following amendments are updates to the Rialto Municipal Code that address Wireless Telecommunication Facilities on public and private property. In the past several years, some wireless telecommunication facilities have become in a state of disrepair, technology has become outdated, and facilities have been abandoned. The proposed amendments would strengthen the City’s ability to regulate facilities within the public right-of-way and within private property to address these concerns as follows:
RMC, Chapter 11.22 “Wireless Telecommunications Facilities in the Public Right-of-Way”:
Section 11.22.090.D amended to clarify the property owner and/or permittee shall reimburse the City in the event of litigation.
Section 11.22.090.K amended to grant the City authority to revoke a permit for a Facility if the operator has not addressed an identified issue within 30 days of issuance of a notice to conform or repair.
Section 11.22.090.N amended to grant the City authority to revoke permits for Facilities if the operator fails to comply with noise standards, abandons or ceases the use, or failing to comply with health and safety regulations issued by the Federal Communications Commission (FCC).
Section 11.22.090.S amended to add to the RMC to address situations where new owners or operators acquire Facilities and clarify who the City may contact regarding maintenance issues and emergencies.
Section 11.22.090.T amended to the RMC to ensure that any approval shall remain subject to all conditions and legal requirements.
RMC, Chapter 18.111 “Wireless Telecommunications Facilities” (Private Property):
Section 18.111.100 “Operation and Maintenance Standards” will be added to Chapter 18.111 to ensure that all wireless telecommunications facilities comply with operation and maintenance standards. The addition compliments Section 11.22.090 “Operation and Maintenance Standards” of Chapter 11.22 “Wireless Telecommunications Facilities in the Public Right-of-Way.
Section 18.111.100.A amended to ensure the permittee is in compliance with all applicable federal, state and local laws and that the equipment is maintained.
Section 18.111.100.B amended to ensure repair and maintenance are completed within forty-eight (48) hours of notice.
Section 18.111.100.C amended to ensure the wireless telecommunications facilities will not have an adverse impact on adjacent properties when subject to the following: construction, operation, maintenance, modification, and removal.
Section 18.111.100.D amended to include contact information of the owner and/or operator responsible for maintenance.
Section 18.111.100.E amended to ensure wireless telecommunications facilities are in good condition and properly maintained, including all improvements in connection with the installation and/or maintenance of a wireless facility.
Section 18.111.100.F amended to ensure landscaping is maintained.
Section 18.111.100.G amended to ensure facilities are replaced if maintenance or repair is not sufficient.
Section 18.111.100.H amended to ensure that the permittee correct any concerns within thirty (30) days’ notice.
Section 18.111.100.I amended to authorize the City to revoke a permit if the permittee fails to comply with noise standards.
Section 18.111.100.J amended to ensure that the wireless telecommunications facilities do not interfere with City property, signal interference, and/or any physical interference.
Section 18.111.100.K amended to ensure that the permittee is in compliance with all standards and regulations relating to Radio Frequency (RF) exposure.
Section 18.111.100.L amended to ensure the permittee maintains records of all approvals.
Section 18.111.100.M will be added to ensure the permittee pays all legal fees in the event of litigation.
Guidelines for Batch Broadband Permitting Process:
On October 8, 2023, Assembly Bill (“AB”) 965 was signed into law to require cities to use “batch broadband permit processing” when: 1) the City receives two or more broadband permit applications for “substantially similar broadband project sites”; 2) projects submitted to the City at the same time; and 3) project submitted to the City by the same applicant. AB 965 defines “substantially similar broadband project sites” as “broadband project sites that are nearly identical in terms of equipment and general design, but not location.” AB 965 does not define the phrase “nearly identical in terms of equipment and general design, but not location.” As such, the City is requesting approval of “Guidelines for Batch Broadband Permitting Process,” to clearly define the phrase “nearly identical in terms of equipment and general design, but not location” and to be in compliance with AB 965.
Previous Public Hearing Meetings
On August 28, 2024, the proposed Amendment was presented before the Economic Development Committee (EDC). The EDC recommended scheduling the Amendment for City Council.
On June 5, 2024, at a regularly scheduled Planning Commission meeting, the Planning Commission voted to recommend that the City Council approve Zoning Code Amendment No. 2024-0002 and a Resolution adopting Guidelines for Batch Broadband Permit Processing. The motion passed 5-0.
On March 23, 2010, at a regularly scheduled City Council meeting, the City Council adopted Ordinance No. 1456 to add Chapter 18.111 of the Rialto Municipal Code regulating wireless telecommunications facilities.
ENVIRONMENTAL IMPACT
The adoption of the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15061-Review for Exemption, subsection (b)(3)-the activity is covered by the commonsense exemption, as CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Planning Division will file a Notice of Exemption with the Clerk of the Board of San Bernardino County in accordance with CEQA upon completion of the Ordinances.
GENERAL PLAN CONSISTENCY:
Approval of this action complies with the following City of Rialto Guiding Principles, General Plan Goals and Policies, “Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.”
LEGAL REVIEW
The City Attorney has reviewed and supports this staff report.
FINANCIAL IMPACT
Operating Budget Impact
Adoption of Ordinances will not incur any direct costs and is not expected to have any financial impact.