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File Number: 18-673 <br />through disparate ordinances within its Municipal Code and Zoning Code, which do not focus <br />specifically on small cell wireless telecommunications facilities. The City also currently requires all <br />construction, erection, and other encroachments in the public right-of-way to obtain an <br />encroachment permit, but the existing standards have not been updated to reflect the <br />development of current small cell wireless telecommunications technologies, which are now the <br />preferred method for providing wireless telecommunications services. <br />(11) The lack of encroachment and deployment regulations that are specific to the siting of small <br />cell wireless telecommunications facilities in the public right-of-way combined with the Order’s <br />regulations to hasten the spread and development of small cell facilities could jeopardize the <br />health and safety of the public by allowing applications for small cell facilities to be submitted <br />which are subject only to regulations from the Order. There would not be sufficient time for the City <br />to develop regulations specific to the siting of small cell wireless telecommunications facilities in <br />the public right-of-way before shot-clock timelines mandated approval of applications. <br />Applications could be approved by law without local authority being properly, appropriately, and <br />within the confines of federal and state laws exercised by the City. This would, in turn, result in <br />wireless telecommunications facilities being constructed and operated without local controls for <br />the life of the facility. <br />(12) The public right-of-way in the City is a uniquely valuable public resource, closely linked with <br />the City's historical and unique community character, as well as its attractiveness for members of <br />the business community and residents alike. The reasonably regulated and orderly deployment of <br />wireless telecommunications facilities in the public right-of-way is desirable, and unregulated or <br />disorderly deployment represents an ever-increasing and true threat to the health, safety, and <br />welfare of the community. <br />(13) The regulation of wireless installations in the public right-of-way is necessary to protect and <br />preserve the aesthetics in the community, as well as the values of properties within the City, and <br />to ensure that all wireless telecommunications facilities are installed using the least intrusive <br />means possible; and <br />WHEREAS, the City Council finds that in light of more recent developments in federal and <br />state law with respect to the regulation of small cell and other wireless telecommunications <br />facilities, there is a need for the City to update its current encroachment regulations to include <br />specific permitting, location authorizations, and standards of work related to the deployment for <br />small cell wireless facilities; and <br />WHEREAS, the City Council also finds that the lack of specifically-designed standards and <br />regulations in the Municipal Code for wireless facilities located in the public right-of-way, the <br />increasing requests for information about the City's regulation of wireless telecommunications <br />facilities, the inability to adopt a temporary moratorium, and the potential liabilities and negative <br />consequences for noncompliance with state and federal regulations (including, without limitation, <br />automatic approvals) present current and immediate threats to the public health, safety, and <br />welfare. The City Council further finds and declares that the immediate implementation of this <br />Ordinance is necessary to preserve and protect public health, safety and welfare; and <br />WHEREAS, the City Council recognizes its responsibilities under the Federal <br />Page 3 City of San Leandro Printed on 12/21/2018