Title
Public Hearing on the Wireless Communication Facilities Design Guidelines. In September 2019, the Federal Communications Commission (FCC) issued a ruling on small cell wireless facilities to be placed in the public right of way. The FCC decision asks local governments to publish any aesthetic standards by April 15, 2019, so the City has prepared design guidelines prior to this date to ensure that new small cell wireless facilities are screened and camouflaged as much as possible. The design guidelines are published on the City’s website and a copy of the policy will be distributed to any small cell applicant. Preparation of these design guidelines is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), as it can be seen with certainty that implementation of aesthetic guidelines will have no significant effect on the environment
Body
To: President Sullivan and
Members of the Planning Board
From: Andrew Thomas, Acting Planning, Building and Transportation Director
Liam Garland, Public Works Director
BACKGROUND
With the growth and expansion of the telecommunication industry, small cell wireless facilities are being touted as the next important phase in the evolution of wireless technology (5G). “Small cell wireless” describes a lower-power, smaller-scale technology that typically involves mounting an antenna and associated equipment on existing streetlights and utility poles. Unlike large macro cell towers in previous years, small cells are intended to be deployed as a network of closely-positioned devices, which makes placement on street lights and utility poles along city streets suitable for their deployment.
On September 26, 2018, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Third Report and Order geared toward speeding up deployment of small cell wireless facilities in the public right-of-way. Specifically, the FCC ruling limits the local discretion on permitting, establishes permitting shot clocks and approval deadlines, and limits the fees that cities can charge to wireless providers for attaching small cells to the city’s infrastructure. The FCC ruling also provided that local governments with aesthetic guidelines must publish them by April 15, 2019. In response this FCC ruling, staff has drafted design guidelines and permit application requirements to ensure that all wireless communication facilities are screened and camouflaged according to objective standards.
DISCUSSION
Previous installations of wireless equipment in Alameda have traditionally occurred on building rooftops on private property and large macro towers on City property. Because these installations have occurred on private land as opposed to the public right of way, they have been subject to Design Review and Use Permit discretionary processes under the Zoning Ordinance. In the past, the City has been able to impose aesthetic standards and require camouflage or concealment techniques be deployed as part of the discretionary process. However, since 2012, the FCC has increasingly limited how local governments can regulate wireless facilities deployment by establishing shot-clock provisions and mandating approvals for colocations and certain categories of wireless deployment (called “Eligible Facilities Requests”). In 2016, California Assembly Bill AB 57 further limited local authority by setting forth that wireless facility applications be deemed approved if a city fails to act on an application within 90 days for colocation applications and 150 days for a new wireless telecommunication facility.
In the past five years, the City has received only three applications for new wireless sites on private property, with most applications coming in as colocations on existing facilities and modifications of existing sites that take advantage of the FCC’s shot clock and mandatory approval rulings. All Eligible Facilities Requests are approved administratively by Planning and Building staff based on the FCC shot clock and mandatory approval rules (Exhibit 1).
The deployment of small cells in the public right of way introduces a new subject that the City has not had to address in the past. Typically, work in the public right of way requires an Encroachment Permit approved by the Public Works Department with no regulation under the Zoning Ordinance. Although the City is experienced with addressing design expectations of traditional wireless facilities on building rooftops and standalone towers, the anticipated vast deployment of small cells enabled by the new FCC ruling is unprecedented in Alameda.
Draft Wireless Design Guidelines
Given the FCC ruling requires local governments to “publish” any design guidelines by April 15, 2019, staff has drafted design guidelines for all wireless communication facilities. A number of cities across the country are taking similar actions in response to the FCC ruling. The draft design guidelines cover a range of wireless facilities including small cells, building mounted facilities, and other best practice experience acquired by staff in previous years. These guidelines are proposed to provide guidance and assure a degree of consistency in the design and configuration of wireless telecommunication facilities (Exhibit 2).
Purpose and Goals: There is considerable variety of equipment and designs used by wireless carriers who have developed their own technology; therefore, it is anticipated that carriers will propose a wide variety of small configurations and designs. The purpose of the proposed guidelines is to provide guidance and a degree of consistency in the design of wireless facilities. The guidelines attempt a desired level of design quality and configuration for any proposed wireless telecommunication facility, including factors such as location, material and color, and form and placement.
Location Preference: The guidelines memorialize a long-standing practice of the City to encourage wireless carriers to maximize efficiencies of the existing wireless sites rather than establish new sites, if feasible. Therefore, the guidelines establish colocations on existing towers and sites as a priority. If colocations are infeasible, the City encourages wireless carriers to lease City property, where the City, as a landowner, can have immediate and greater control of the site design, aesthetics, and security than if it were located on private property. If neither of these options are possible, the third location preference would be in the public right-of-way, where these facilities would be in the form of small cell devices. Thereafter, non-residential areas would be preferred over residential areas for all other forms of wireless facilities. Here are the location preferences in order:
1. Co-location on existing towers, facilities and sites
2. Property owned by the City of Alameda
3. Public right-of-way (small cells only)
4. Non-residential areas
5. Residential areas
Aesthetic Goals: The variation in wireless technology produces differences in material, color, form and placement. The overall aesthetic goals are to minimize visual impact of the installation by minimizing its size, reducing clutter of boxes and cables, and applying color and screening techniques to hide or blend components into the environment. Here is a summary of how the design guidelines apply to a small cell facility:
To minimize visual contrast between a facility and the pole, the design guidelines encourage the design, texture and color of the new pole and equipment to match the existing light pole. Furthermore, incorporating the antenna and cables together within a shroud that is similar to the diameter of the pole provides a narrow, streamlined shape and is encouraged in the design guidelines. The introduction of new signage relating to the equipment, such as required RF warning stickers or manufacturer emblems, would increase visual distraction. Therefore, the proposed design guidelines encourage applicants to utilize the smallest and lowest visibility sign required by public agencies or utility companies.
Health Concerns: Often members of the public who oppose wireless facility installations cite concerns about radio frequency (RF) emissions on human health. However, federal law provides that a local decision on a wireless facility application cannot be based on concerns about RF emissions, so long as the applicant has demonstrated that its facilities will comply with FCC equipment standards. In essence, the City's authority pertaining to RF emissions is limited to ensuring that the wireless facility complies with FCC standards. And also under federal law, cities cannot implement regulations that would prohibit or have the effect of prohibiting service. As a result, the design guidelines are focused on aesthetic goals. The City will do its due diligence to ensure wireless facilities comply with FCC standards through the permit process, which requires a Radio Frequency Emissions Report and Checklist for Local Government To Determine Whether a Facility is Categorically Excluded, Attachment B and C, respectively in the permit packet.
Permit Process:
Wireless Facilities Not in the Right of Way: The permit process for wireless facilities not in public right of way is outlined in Exhibit 1. Pursuant to FCC regulations, colocations and replacing existing equipment (Eligible Facilities Requests) are exempt from Design Review and would only require building and electrical permits. These applications are reviewed within the shot clocks specified under FCC regulations and state law. In recent years, very few applications do not qualify as an Eligible Facilities Request, and those that do not qualify are subject to Design Review.
Small Cells in the Right of Way: In 2017, under the threat of a pending California Senate Bill 649 that would severely limit the local control over deployment of small cell facilities, the City Council entered into a Master License Agreement (MLA) with XG Communities to manage the City’s assets in the public right of way. The MLA with this single provider would have provided legal shelter from the pending Senate Bill under constitutional protections for private contracts. SB 649 was ultimately vetoed by former Governor Brown. Under the MLA, all wireless carriers wanting to install small cells on City streets must first obtain sublicensing through XG Communities. The Public Works Department is working with XG to identify appropriate locations that would be available to serve as small cell sites. An important note is that most street lights on Alameda Island are historic, decorative light standards protected under the City’s Historic Preservation Ordinance, so they would not be available for small cell deployment. The sites available for small cell deployment would be those with cobra-head street lights and utility poles that are not City-owned, but rather under the separate jurisdiction by the Northern California Joint-Pole Association.
Whether an applicant chooses a street light or a utility pole, the applicant must also first inquire about obtaining electrical power source from Alameda Municipal Power (AMP). AMP has now established procedures for working with wireless applicants included in the permit procedures (Exhibit 3). One notable requirement from AMP is the prohibition of meter pedestals added to the sidewalk. The banning of such pedestals would minimize the number of objects added to public sidewalks, which is a lesson learned from other cities that have seen small cells deployments.
After obtaining power service from AMP, the wireless applicant would proceed to the Permit Center for an Encroachment Permit. The permit guidelines specify submittal requirements and plan specifications to meet City requirements. Project plans must demonstrate consistency with the design guidelines. Additionally, the applicant must verify that their equipment meets all FCC RF emissions standards using the FCC-provided checklist. The project plans will be reviewed by Public Works, AMP and Planning, with follow up construction inspections performed by Public Works and AMP inspectors.
Future Changes and Updates to the Guidelines
Given how fast this technology is changing, staff recommends having these guidelines be maintained and updated by the Planning and Public Works departments. Given the frequent and often important changes to the law and technology of wireless installations, administrative design standards affords the City the flexibility to readily adapt and tailor its regulations to these changes and the concerns of the City. Many cities follow this format to maintain flexibility. The draft design guidelines have been made available to wireless carriers and applicants. Staff may waive or impose additional standards if doing so is conducive to site being the least intrusive, maximally blending with the natural and built environment of the City, and protecting the aesthetic character of the City, or if a standard would create a prohibition on service.
PUBLIC NOTICE
The public hearing on the draft Wireless Communication Facilities Design Guidelines and related permit procedures was advertised in the Alameda Sun newspaper on March 28, 2019. Wireless carriers were also informed about the draft guidelines posted on the City’s website. No public comment has been received as of the writing of this staff report.
ENVIRONMENTAL REVIEW
Preparation of the wireless design guidelines is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), where it can be seen with certainty that implementation of aesthetic guidelines will have no significant effect on the environment.
RECOMMENDATION
Staff recommends the Planning Board hold a public hearing to review and comment on the Wireless Communication Facilities Design Guidelines and related permit procedures.
Respectfully Submitted,
Allen Tai,
Planning Services Manager
Erin Smith,
Deputy Public Works Director
Exhibit:
1. Handout on Determining Design Review Process for Wireless Ffacilities
2. Draft Wireless Communications Design Guidelines
3. Draft Small Cell Wireless Permit Submittal Guidelines