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PC 022019
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PC 022019
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CITY CLERK
CITY CLERK - TYPE
MINUTES
DOCUMENT DATE
2/20/2019
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voiced concerns with the 750-foot restriction. He also questioned whether there were any <br /> concerns regarding pole support installations, as contained in the letters from AT&T. <br /> Mr. May said no, and explained that if taking away options, the City must leave others on the <br /> table. Staff has recommended against some support structures noting the trade-off might be <br /> that new structures may be installed in certain areas because small cells would not be allowed <br /> to be put on decorative poles. <br /> Commissioner Brown said his preference was moving towards an agreed upon model that can <br /> be fast-tracked and one that looks to be more consistent throughout the City. <br /> Chair Allen said she has no expertise in this area and was depending on experts. In evaluating <br /> the 750 feet, she suggested distinguishing requirements between 4G and 5G. The second <br /> thing that might be helpful for the Council is whether there were other cities that have already <br /> adopted ordinances ahead of them and how they have dealt with these issues, letters and <br /> response to concerns. <br /> Mr. May said regarding the first point of dividing regulation between technologies, it is a difficult <br /> path to walk. Just as cities do not regulate health effects from radio frequency emissions that <br /> comply with the FCC's rules, the FCC has planning authority over planning and technical <br /> decision-making. So, cities get to regulate what small cells look like but not what they are. <br /> Regarding what other cities are doing, his firm works with many cities and have refined their <br /> approach into this document which is always getting better, and there are many examples. He <br /> noted that Hillsboro has a 1,500-foot setback and Cerritos has a 300-foot setback, but those <br /> are policy decisions. He thinks 750 feet is about right for the current technology and if they go <br /> smaller, the question is at what point is the City sacrificing aesthetic policies for technical ones, <br /> and this is a question for policy makers, i.e., the Council. <br /> Commissioner Brown said the FAQ states most cells can service an area within approximately <br /> 500 to 1,000 feet, and this is what is driving some of his 750-foot concerns. <br /> Given Commissioner Balch's concern around making sure there is a public process and <br /> communication to the public, Commissioner Brown recognized the FCC has essentially <br /> mandated that the City cannot deny based on the various criteria. He asked if Mr. May had any <br /> proposed language the City could include in the notice stating the City has received an <br /> application and if the public would like to comment or express concerns these are the reasons <br /> they can. This would identify what grounds the public could consider an appeal to the City <br /> Manager. <br /> Commissioner Balch said his position is that it must be an open process and observe what the <br /> decision-making process is when appealing to the City Manager versus the City Council. <br /> Mr. Beaudin stated the FCC has really superseded the ability for local public process with the <br /> 60-day shot clock. On one slide Mr. May showed 850 to 1,700 nodes, times 3 carriers, and the <br /> idea of the possibility of opening up a public process to an objective review gives him pause <br /> from a staffing perspective. He likened the public processes to State-protected operations <br /> which have provided cities regulations for applicants to abide by, such as daycares, and <br /> Planning Commission Minutes Page 10 of 12 February 20, 2019 <br /> Planning Commission as a workshop before they invest heavily in a design. He <br /> Planning Commission Minutes Page 3 of 5 January 23, 2019 <br />