Wireless Subcommittee Meeting

MINUTES WIRELESS SUBCOMMITTEE Wednesday, September 19, 2018 12:30 PM - 3:00 PM COUNCIL CHAMBERS FEW MEMORIAL HALL OF RECORDS 580 PACIFIC STREET MONTEREY, CALIFORNIA Members Present: Dawson, Nine, Hansen, Peterson Members Absent: Brassfield, Breedlove, Olsen Staff Members Present: Community Development Director Cole, City Attorney Davi, Administrative Assistant Doherty CALL TO ORDER Chair Dawson called the meeting to order at 12:39 p.m. PUBLIC COMMENTS No comments. PUBLIC APPEARANCE 1. Recommend Planning Commission Adopt Amendments to Monterey City Code Chapter 38, Article 17, Section 112.4 Personal Wireless Service Facilities and Related Appeal and Noticing Sections; Exempt from CEQA Article 19, Section 15305, Class 5 Community Development Director Cole presented the proposed changes to the Ordinance. Ms. Cole pointed out that the Federal Communications Commission is poised to adopt new regulations. A key change is the 60 day shot clock. Key amendments include: 1. Revised purpose statement; 2, Reference to Americans with Disabilities Act; 3. Planning Commission review of all applications; 4. Notice requirements; 5. Mock-ups; 6. Hazard compliance certification; 7. Administrative denial of incomplete applications; 8. Expedited appeal process. Mr. Van Eaton briefly described the proposed amendments. Subcommittee Member Nine inquired about the use permit review process and shot clocks. Mr. Van Eaton indicated that the City’s checklist should reflect permit review times in compliance with FCC rules. Ms. Nine discussed submittal requirements for personal wireless facilities and she wondered if the checklist can still be part of the Subcommittee’s work. She is concerned about the language regarding mock-ups. Mr. Van Eaton responded that details could be included in the submittal checklist. An example is - Provide Notice and Evidence of Notice. Applicant must provide notice to all persons entitled to notice under Section 38.112.4.H-1a in accordance with procedures specified in the application form. Proof of notice shall be provided as part of application. Ordinance modifications were also suggested for the proposed mock-ups. “Full scale” was removed from the mock up requirements. It was clarified that the application form would be modified to address mock ups. Wireless Subcommittee Minutes Wednesday, September 19, 2018 Subcommittee Member Hansen identified more “should” to “shall” changes in Section 5 (Building Mounted Facilities). Subcommittee Member Hansen pointed out language left out of Section 6.e.i (Pole Mounted Equipment). She indicated that wireless facilities may be prohibited on poles with transformers. Mr. Van Eaton indicated that the electrical company will make this decision about appropriateness (not the City). Subcommittee Member Hansen questioned Section 5 (Appeals). Ms. Davi clarified that appeals are addressed in the Zoning Code Section for Appeals. Ms. Nine inquired about the shot clock and the need for a three day appeal period. Ms. Davi clarified that the proposed ordinance includes a three day appeal period. Subcommittee Chair Dawson mentioned “incommode” appeared to be left out of Section 6. Mr. Van Eaton suggested it may not be necessary. Subcommittee Chair Dawson asked Mr. Van Eaton to clarify wording of Section 6.e. Mr. Van Eaton recommended “must” changed to “shall.” Subcommittee Chair Dawson 6.e.iii. noted possible contradiction related to decorative poles. Mr. Van Eaton clarified that there is no contradiction. Mr. Dawson pointed out issue with Section H.3.a., Effective Prohibition. Mr. Van Eaton suggested changes; section edited. Mr. Van Eaton indicated the FCC appears to be poised to change the significant gap standard. Ms. Nine would rather not remove the significant gap concept. Mr. Van Eaton recommended that the language be amended to include - a prohibition or effective prohibition in the provision of personal wireless services will result. Ms. David discussed the legal standard and the burden of proof. Ms. Davi questioned who is granting the waiver and who decides. It was clarified that the waiver would be included in application form. Mr. Van Eaton left the meeting. Ms. Cole reviewed the proposed changes as previously discussed by the Subcommittee. Member Peterson made motion to: Recommend to the Planning Commission the proposed changes. Ms. Hansen recommend an amendment to the motion to: the Planning Commission taking into account minor changes that were made with two issues that Mr. Van Eaton will comment on. Ms. Nine seconded the motion. Mr. Dawson indicated the Zoning Code Section is 38-112.4. Ms. Davi clarified motion should include sections 38-207 and 38-159. Ms. Davi suggested that the motion to be amended to approve amendments to Section 38- 112.4, 38-207, 38-159 with direction to staff to return with the omitted language and insert into the proposed checklist. Ms. Cole restated the motion. Mr. Peterson amended the motion and Ms. Nine concurred. . AYES: 4 SUBCOMMITTEE Dawson, Nine, Hansen, Peterson MEMBERS: NOES: 0 SUBCOMMITTEE None MEMBERS: ABSENT: 3 SUBCOMMITTEE Brassfield, Olsen, Breedlove MEMBERS 2  Wireless Subcommittee Minutes Wednesday, September 19, 2018 ABSTAIN: 0 SUBCOMMITTEE None MEMBERS RECUSED: 0 SUBCOMMITTEE None MEMBERS: Ms. Nine asked what are the restrictions on the Subcommittee at the Planning Commission hearing. Mr. Davi clarified the protocol. Ms. Davi left the meeting. 2. Discuss the Meeting Schedule and Future Agenda Items Community Development Director Cole reviewed the schedule. Ms. Cole suggested the need to work on drafting submittal requirements and will look possibly at Friday meetings. SUBCOMMITTEE MEMBER COMMENTS No comments provided. INFORMATIONAL REPORTS & STAFF COMMENTS No additional information provided. ADJOURNMENT There being no further business, the meeting adjourned at 2:49 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Wireless Subcommittee 3