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HomeMy WebLinkAbout05 - Council "L" Policies Update 2018 Regarding Public Works/Traffic/Utilities - CorrespondenceMACKENZIE & ALBRITTON LLP 155 SANSOME STREET, SurrE 800 SAN FRANcIsco, CALIFORNIA 94104 TELEPHONE 415/288-4000 FACSIMILE 415 / 288-4010 August 14, 2018 VIA HAND DELIVERY City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Received After Agenda Printed August 14, 2018 Item No. 5 Re: Review of City Council L -Policies (Policy L-23) Council Consent Agenda Item XIV(5), August 14, 2018 Dear Council Members: We write on behalf of our client, Verizon Wireless, with respect to your review of proposed revisions to Council Policy L-23 regarding wireless telecommunications equipment on City -owned or City -held trust properties. Our review indicates that newly - added Section IV(B) of Policy L-23 conflicts with Section IV(A) which acknowledges an exemption from zoning permit requirements. The exemption referenced in Section IV(A) has streamlined the permitting process for needed wireless improvements involving City - owned property. Section IV(B), by requiring Community Development Department review of all proposals for wireless facilities on City -owned assets, appears to eliminate the established availability of the exemption referenced in Section IV(A), and Section IV(B) should be stricken. Section IV(A) of Policy L-23 acknowledges exemptions from zoning permit requirements for wireless facilities on City -owned property pursuant to Code Chapter 20.49. One zoning exemption for wireless facilities installed as part of City -directed projects encouraged Verizon Wireless to enter a public-private partnership with the City to provide enhanced network service. However, proposed Section IV(B) requires review of wireless facilities on City -owned property by the Community Development Department with no mention of the zoning exemption. This would undercut the incentive of the zoning permit exemption acknowledged in Section IV(A). We believe this policy change will limit the City's flexibility to enter into public-private partnerships with companies such as Verizon Wireless. Verizon Wireless has recently entered into strategic partnerships with California cities including Sacramento, Los Angeles and San Jose for implementation of connected cities and smart cities technologies using next -generation wireless infrastructure. A key component of these partnerships is the advance review of infrastructure location and design (utilizing the expertise of the Community Development Department), coupled with streamlined permitting processes. Since the City retains complete control over design and location through its proprietary rights over City -owned property, design Newport Beach City Council August 14, 2018 Page 2 of 2 concerns can be addressed prior to permitting, thereby allowing for an expeditious permitting process. The overly broad requirement for review by the Community Development Department in proposed Section IV(B) could be interpreted to require zoning permits because there is no mention of the zoning permit exemptions. This will limit the ability of Newport Beach to be on the cutting edge of wireless technologies that benefit residents, businesses, and visitors. We encourage you to direct staff to eliminate Section IV(B) from Council Policy L-23 to avoid conflict with Section IV(A). Very truly yours, Paul B. Albritton