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File #: 24-0915    Version: 1 Name:
Type: Approval Status: Agenda Ready
File created: 9/25/2024 In control: Planning and Building Services
On agenda: 10/8/2024 Final action:
Title: Discussion and Possible Action Including Direction to Staff Regarding an Ordinance Amendment to Establish Regulations for Small Wireless Facilities and Possible Other Amendments to County Code and the Guidelines for the Development of Wireless Communication Facilities to Update the Regulations (Sponsor: Planning and Building Services)
Attachments: 1. Memo - Small Cell Towers FINAL, 2. Attachment A - Wireless Guidelines Adopted, 3. Attachment B - CHAPTER_20.236, 4. Attachment C - FCC-18-133A1, 5. 10-07-24 Small Wireless Facilities Presentation

To:  BOARD OF SUPERVISORS

From:  Planning and Building Services

Meeting Date:  October 8, 2024

 

Department Contact:  

Mark Cliser

Phone: 

707-234-6650

Department Contact:  

Julia Krog

Phone: 

707-234-6650

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 30 Minutes

 

 

Agenda Title:

title

Discussion and Possible Action Including Direction to Staff Regarding an Ordinance Amendment to Establish Regulations for Small Wireless Facilities and Possible Other Amendments to County Code and the Guidelines for the Development of Wireless Communication Facilities to Update the Regulations

(Sponsor: Planning and Building Services)

End

 

Recommended Action/Motion:

recommendation

Direct staff to prepare an Ordinance amendment establishing regulations for small cell wireless facilities and possible other amendments to County Code and the Guidelines for the Development of Wireless Communication Facilities to update the regulations.

End

 

Previous Board/Board Committee Actions:

On August 4, 2015, the Mendocino County Board of Supervisors adopted Resolution No. 15-121 adopting Guidelines for the Development of Wireless Communication Facilities and adopted Ordinance No. 4341 amending Chapter 20.236 of Mendocino County Code for the regulation of Towers and Antennas.

 

On September 10, 2024, the Mendocino County Board of Supervisors adopted Ordinance No. 4538, which in part made minor amendments to references in Chapter 20.236 of Mendocino County Code.                      

 

Summary of Request

The Federal Communications Commission adopted a Declaratory Ruling and Third Report and Order on September 26, 2018 on Streamlining State and Local Review of Wireless Siting Applications. Mendocino County has not adopted any specific regulations for small wireless facilities since that time. Small wireless facilities are small antennas (3 - 4 feet tall) and support equipment installed on streetlights, rooftops, and other locations as a primary way to deliver 4G (Fourth Generation) and, more recently, 5G (Fifth Generation) mobile technology. Other equipment, such as an electric meter, may also be placed on the pole or on a nearby pedestal. Small cells help wireless service providers meet the increasing demand for wireless services and are always connected to a fiber network. They are relatively new and are taking the place of large cell towers. Typically, these facilities are developed in the Right of Way (ROW). This brings coverage closer to the end user. As this technology uses low-band spectrum, which does not travel as far, high-density placement is key.

 

Mendocino County Planning Staff and the Department of Transportation has seen an increase in interest from mobile companies wishing to install these types of towers in Mendocino County. These types of applications are subject to Federal shot-clocks and are required to be processed quickly. Presently, there is not an applicable Mendocino County Code section that defines installation and use of small wireless facilities in the ROW.

 

In addition, both Mendocino County Code and the Guidelines for the Development of Wireless Communication Facilities have not been updated comprehensively since their adoption in 2015 and some updates may be required including updates to establish consistency with Federal Law.

 

Planning and Building Services seeks direction from the Board to establish regulations for small cell wireless facilities and possible other amendments to County Code and the Guidelines for the Development of Wireless Communication Facilities.

 

Alternative Action/Motion:

Do not provide direction to staff.                     

 

Strategic Plan Priority Designation: A Thriving Economy

 

Supervisorial District:  All

                                          

Vote Requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: BU 2851

current f/y cost: Estimated $15,000

budget clarification: N/A

annual recurring cost: N/A

budgeted in current f/y (if no, please describe): No

revenue agreement: N/A

AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: N/A

CEO Liaison: Steve Dunnicliff, Deputy CEO                                                               

CEO Review: Yes                                            

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Senior Deputy Clerk

Final Status: Approved

Date: October 8, 2024