HomeMy WebLinkAbout05 - Council "L" Policies Update 2018 Regarding Public Works/Traffic/Utilities - CorrespondenceMACKENZIE & ALBRITTON LLP
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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