Small Cell Ordinance
City of Santa Cruz
City Council Meeting - 11/26/2019 - Small Cell Ordinance Update
There is very good news to report from the 11/26 City Council Meeting - 1st reading of the Small Cell Wireless Facilities Ordinance. The meeting video will be posted as soon as it is available.
The Council approved all our requests unanimously, including public noticing of the opportunity to seek reasonable requests for ADA Accommodation, for new small cell antenna applications. This is very good news! We may be the first City to include this in our ordinance.
There is still one correction to be made, regarding the time period for making these requests. The proposed ordinance, allows only 5 days, which is not adequate. The City cannot legally impose any deadlines on the process of receiving/processing ADA/FHAA Accommodations - however, the timing of the request can be factored in when the City decides what is "reasonable" because it will affect the City's burden for compliance.
This request has been communicated to the City Council & City Attorneys. The scheduled 2nd reading of the ordinance is 12/10. Hopefully, this small change (removing the words
"5 days") will not necessitate returning to another 1st reading.
The opportunity to work together with the City, as allies rather than adversaries, is very encouraging. Please remember that the Council and City Staff are on our side and do want to help us in whatever ways are legally possible.
Conversation with the Council in advance of the 12/10 meeting will continue, with updates to follow. The Council also directed the City Manager to issue a press release once the ordinance is final.
Update - On requesting updated copies of the Ordinance, I was unhappy to see a change I had not been told about. I knew that our Item F. had been added to the Purpose and Intent section, but no one told me that the wording I submitted had been significantly changed/amended. The substituted wording will significantly prejudice the ADA accommodation request procedure. Had I known about this change, which was not explained at the meeting, I never would have endorsed its addition. I have asked that the item be deleted.
Meeting Video - Item 16 begins at 4:20 on the video
https://www.youtube.com/watch?list=PLo9N9AsVOVvRHxhItEBaP3eI7Rmz8ywBT&v=SxW6wDpBxYk&feature=emb_logo
City Council Meeting - 8/13/2019
The Small Cell Ordinance is still being completed. Here is a link to the 8/13/2019 City Council Meeting. The changes we requested were unanimously approved by the City Council. This item will return to the Council at the November 26 meeting.
This discussion begins at 1:44 on the video
https://www.youtube.com/watch?v=4HCbp3qn3Jc&list=PLo9N9AsVOVvRHxhItEBaP3eI7Rmz8ywBT&index=6
There is very good news to report from the 11/26 City Council Meeting - 1st reading of the Small Cell Wireless Facilities Ordinance. The meeting video will be posted as soon as it is available.
The Council approved all our requests unanimously, including public noticing of the opportunity to seek reasonable requests for ADA Accommodation, for new small cell antenna applications. This is very good news! We may be the first City to include this in our ordinance.
There is still one correction to be made, regarding the time period for making these requests. The proposed ordinance, allows only 5 days, which is not adequate. The City cannot legally impose any deadlines on the process of receiving/processing ADA/FHAA Accommodations - however, the timing of the request can be factored in when the City decides what is "reasonable" because it will affect the City's burden for compliance.
This request has been communicated to the City Council & City Attorneys. The scheduled 2nd reading of the ordinance is 12/10. Hopefully, this small change (removing the words
"5 days") will not necessitate returning to another 1st reading.
The opportunity to work together with the City, as allies rather than adversaries, is very encouraging. Please remember that the Council and City Staff are on our side and do want to help us in whatever ways are legally possible.
Conversation with the Council in advance of the 12/10 meeting will continue, with updates to follow. The Council also directed the City Manager to issue a press release once the ordinance is final.
Update - On requesting updated copies of the Ordinance, I was unhappy to see a change I had not been told about. I knew that our Item F. had been added to the Purpose and Intent section, but no one told me that the wording I submitted had been significantly changed/amended. The substituted wording will significantly prejudice the ADA accommodation request procedure. Had I known about this change, which was not explained at the meeting, I never would have endorsed its addition. I have asked that the item be deleted.
Meeting Video - Item 16 begins at 4:20 on the video
https://www.youtube.com/watch?list=PLo9N9AsVOVvRHxhItEBaP3eI7Rmz8ywBT&v=SxW6wDpBxYk&feature=emb_logo
City Council Meeting - 8/13/2019
The Small Cell Ordinance is still being completed. Here is a link to the 8/13/2019 City Council Meeting. The changes we requested were unanimously approved by the City Council. This item will return to the Council at the November 26 meeting.
This discussion begins at 1:44 on the video
https://www.youtube.com/watch?v=4HCbp3qn3Jc&list=PLo9N9AsVOVvRHxhItEBaP3eI7Rmz8ywBT&index=6