REPORT TO THE CITY COUNCIL
October 20, 2016
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
Consideration of Policy and Procedure TR 1.3.1, Titled “Wireless Telecommunications Facilities within the Public Right-Of-Way” (Citywide)
1. Consider the Finding of No Possibility that the project will have impacts on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines
2. RESOLUTION - Approving Policy and Procedure No. TR 1.3.1, Wireless Telecommunications Facilities within Public Right-of-Way
Body
RECOMMENDATION
Staff recommends the City Council take the following action:
1. Adopt the environmental finding prepared for Policy and Procedure TR 1.3.1, approving a Finding of No Possibility pursuant to Section 15061(b)(3) of the CEQA Guidelines
2. Adopt a Resolution approving Policy and Procedure No. TR 1.3.1, Wireless Telecommunications Facilities within Public Right-of-Way
EXECUTIVE SUMMARY
The City of Fresno Public Works Department, with the assistance of the Development and Resource Management Department, is proposing a new policy on Wireless Telecommunications Facilities within the public right-of-way. The policy addresses technical requirements for installing wireless facilities (including cell towers and antenna poles) in City right-of-way.
Fresno Municipal Code Section 15-2759 provides that “Telecommunications and Wireless Facilities shall comply with the City’s policy pertaining to said uses.” The City’s current Wireless Telecommunications Policy does not specifically address facilities within the street right-of-way. Many providers are now seeking to install wireless telecommunications facilities within City right-of-way, creating the need for a specific policy. The proposed policy does not change the current policy for telecommunications on private property.
BACKGROUND
With the recent rise in wireless telecommunications facilities nationwide, the City has begun receiving applications for facilities in City right-of-way. While the City cannot legally prohibit telecommunications companies from installing cell towers, antenna poles and related wireless telecommunications facilities within its right-of-way, the City may regulate the time, place and manner of installation. A wireless telecommunications policy helps safeguard the rights of adjacent property owners, for instance where a facility is proposed directly in front of a home or business, and protects the health and safety of citizens. The policy also makes the process easier and more predictable for applicants by providing standards and procedural guidelines for proposed facilities.
ENVIRONMENTAL FINDINGS
The City of Fresno has determined that a Finding of No Possibility that the project will have impacts on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines is appropriate for the proposed policy revision. Given that the revisions proposed only serve to clarify existing policies, the revisions will not result in a change to the physical environment. Individual wireless telecommunication facilities are subject to CEQA review at the time of application submittal.
LOCAL PREFERENCE
Not applicable because this is not a competitive bid.
FISCAL IMPACT
There will be no impact to the General Fund as a result of the recommended action.
Attachment:
Policy on Wireless Telecommunications Facilities within Public Right-of-Way
Resolution