AGENDA DATE: 11/17/2021
TITLE:
Title
Personal Wireless Services Facilities Ordinance Study
BODY
SUBJECT/PROPOSAL/REQUEST: Work session to discuss and approve the scope of work to be included in the Request For Proposals (RFP) to study existing regulations and potentially amend the regulations for Personal Wireless Service Facilities (PWSF).
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Walker, Filardo, Rapp, Fritz
PRESENTER (S): Bill Fritz
LEGAL REVIEW: Not Required
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The Community Development work plan includes reviewing the Personal Wireless Service Facilities regulations. This work is intended to be completed by a consultant. The Board of Supervisors has allocated $100,000 to this effort.
STRATEGIC PLAN: Engaged Citizens - Successfully engage citizens so that local government reflects their values and aspirations.
DISCUSSION: The Board of Supervisors has prioritized the evaluation of potential amendments to the Personal Wireless Service Facility (PWSF) regulations. The County adopted a PWSF policy in 2000 and a complete overhaul of the regulations in 2004. The policy has not been revisited since 2000 and updates to the regulations have been largely limited to addressing changes in technology, court actions and changes in State and Federal regulations. The proposed review of PWSF regulations will be the first comprehensive review in 20 years. Prior to preparing and releasing the RFP, staff is seeking confirmation from the Board of Supervisors as to the scope of the project and the public engagement process incorporated into the review process. Staff is proposing to include a review process that will include:
• Meeting with public using public engagement best practices
• Meeting with wireless industry
• Planning Commission Public Hearing
• Board of Supervisors Public Hearing
A resolution of intent to amend the Zoning Ordinance will be presented to the Board for consideration and adoption after the consultant has reviewed the ordinance for compliance with current law, evaluated changes to address technical issues, and considered comments from the industry and public. The scope of possible amendments include:
• Updates for technology (terms, antenna size, mounting standards etc.)
• Updates for state/federal law
• Revise/Eliminate list of Avoidance areas that cause by-right Tier II facilities to be classified as special use permit Tier III facilities
• Revise ordinance to eliminate need for Special Exceptions that have been routinely approved
• Allow facilities of greater height/lesser design standards in areas with poor coverage or with limited broadband coverage
The above reflect areas to be studied for possible amendment. Any, all, or none of these changes may ultimately be recommended by the consultant or approved by the County.
BUDGET IMPACT: The direct budget impact will be up to $100,000 for the hiring of a consultant. Staff resources will be required to manage and support the work of the consultant.
RECOMMENDATION:
Recommendation
Staff recommends that the Board of Supervisors endorse the proposed public engagement process and project scope.
ATTACHMENTS: None