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HomeMy WebLinkAboutRES 2021-42RESOLUTION 2021-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING SMALL WIRELESS FACILITY PERMIT FEES AND UPDATING SCHEDULES OF RATES, FEES, AND CHARGES FOR PLANNING SERVICES. WHEREAS, the City Council of the City of Diamond Bar has heretofore established various schedules of rates, fees, and charges for the processing of applications, permits, and other municipal services; and WHEREAS, pursuant to the Constitution and state laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges for municipal services, with the limitation that certain specified rates, fees, and charges may not exceed the estimated cost of providing such services; and WHEREAS, with respect to the costs associated with processing applications for Small Wireless Facility Permits, California and federal law have established limits upon those permit fees and charges for services that may be recovered by municipalities. California Government Code Section 50030 states any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunication facilities such as lines, poles, or antennas by a telephone corporation that has obtained all required authorizations to provide telecommunications services from the Public Utilities Commission and the Federal Communications Commission, shall not exceed the reasonable costs of providing the service for which the fee is charged and shall not be levied for general revenue purposes; and, WHEREAS, on September 26, 2018, the Federal Communications Commission ("FCC') adopted its Declaratory Ruling, Third Report, and Order ("Order") in the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment," which set forth new limitations on local standards for, and accelerating the processing of, the siting of small wireless facilities by all local jurisdictions over such applications; and, WHEREAS, the Order establishes the following presumptively reasonable "safe harbor" fees for deployment of small wireless facilities: (a) $500 for non -recurring fees, including a single upfront application that includes up to five (5) small wireless facilities, with an additional $100 for each small wireless facility beyond five (5), or $1,000 for non- recurring fees for a new pole (i.e.- not a collocation) intended to support one or more small wireless facilities; and (b) $270 per small wireless facility per year for all recurring fees, including any possible right-of-way access fee or fee for attachment to City -owned structures in the right-of-way; and WHEREAS, the Order allows the City to charge fees that are above the recommended level by showing that such fees are: (a) a reasonable approximation of costs; (b) those costs themselves are reasonable; and (c) are non-discriminatory; and Resolution No. 202142 WHEREAS, the Order further states that fees will not be preempted if they are fair, reasonable, imposed on a competitively neutral and non-discriminatory basis, and publicly disclosed in advance by the City; and, WHEREAS, on September 21, 2021 the City Council adopted Ordinance 02(2021) amending the Diamond Bar Municipal Code regarding the deployment of small wireless facilities. Pursuant to Section 22,42,135, a Small Wireless Facility Permit is required to locate or modify any small wireless facility on a pole, new pole, replacement pole, or structure located within the City, including without limitation on any public rights -of -way, public property, or private property; and WHEREAS, the City Council desires to adopt reasonable application fees for processing Small Wireless Facilities Permits, which are consistent with both the FCC's Order and Government Code Section 50030; and WHEREAS, California Government Code Section 66017 requires that prior to adopting new or increased rates, fees, and charges (collectively, "fees") for the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement such as zoning variances and changes, use permits, building inspections and permits, and related planning and zoning services ("development fees" sometimes thereinafter) that the notice and public hearing procedures specific in Government Code Section 66016 be followed; and WHEREAS, Government Code Section 66016 requires the City to hold at least one open and public meeting and at least 10 days prior to the meeting make available the data upon which the new or increased fees are based; and WHEREAS, Government Code Section 66018 requires that prior to adopting new oI increased fees that notice to be published in accordance with Government Code Section 6062a, which notice provides the time and place of the meeting and a general explanation of the matter to be considered; and WHEREAS, Pursuant to Government Code Sections 66016-66018, the City Council conducted and concluded a duly noticed public hearing on September 21, 2021 at Diamond Bar City Hall's Windmill Room with respect to the fees; and WHEREAS, the City Council desires to adopt fees for the processing of Small Wireless Facility Permit applications, consistent with the Federal Communications Commission's "safe harbor" fee amounts presumed to be reasonable not -to -exceed amounts to cover the cost of processing such applications, and to incorporate said fees into the Fee Schedule for Community Development Planning Fees, as set forth herein. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar finds and determines as follows: Resolution No. 2021-42 Section 1. The 2021-22 Fee Schedule for Community Development Planning Fees is hereby amended to add certain fees and charges for the processing of applications for Small Wireless Facility Permits pursuant to Section 22,42.135 of the Diamond Bar Municipal Code, as provided in Exhibit A of this Resolution and incorporated herein by reference. Section 2. That based upon the data, information, and analyses contained in the corresponding staff report and attachments and the testimony presented at the hearing, concerning the rates, fees, and charges for processing of applications for Small Wireless Facilities Permits, which are attached hereto and by this reference incorporated herein, the new rates, fees, and charges for processing of applications for Small Wireless Facilities Permits set forth in said Exhibit A do not exceed the estimated reasonable cost of providing the service for which they are levied. Section 3. The rates, fees, and charges for processing of applications for Small Wireless Facilities Permits set forth in Exhibit A are hereby adopted and approved. Section 4. The new rates, fees, and charges for processing of applications for Small Wireless Facilities Permits set forth in Exhibit A shall be effective September 22, 2021. Section 5. The adoption of this Resolution is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15273 of the CEQA Guidelines and Section 21080(b)(8) of the Public Resources Code, which provide that CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies which the public agency finds are for the purpose of meeting operating requirements. The City's approval of Small Wireless Facility Permit fees is not designed to increase services or expand a system, but rather it is designed to simply update the City 's existing fee regulations to reflect the FCC's new laws governing the deployment of small wireless facilities, which are already permitted uses within the City. Approval of these fees will assist the City in meeting operating expenses associated with the deployment of small wireless facilities. In accordance with such determination, City Staff is hereby directed to file a Notice of Exemption upon adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 21St day of September, 2021. CITY OF DIAMOND BAR Resolution No. 202142 I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on the 21 st day of September, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Chou, Liu, Tye, M/Lyons None M PT/Low None Krishna Santana, City Clerk