The San Marino City Council was scheduled to hold a joint meeting with the Public Safety Commission Wednesday, April 10, in the Emergency Operations Center (EOC) followed by a regular City Council meeting at City Hall.
At the joint meeting with the Public Safety Commission, the city was expected to approve and appoint Jeff Boozell from alternate member to commissioner on the Public Safety Commission with a term that will expire on June 30, 2020, and appoint Dr. James Lin as the alternate to the Public Safety Commission with a term that will expire on April 10, 2021.
At the regular City Council meeting, the council was slated to discuss the adoption of a resolution that would amend application requirements and development standards for wireless telecommunications facilities in the public right of way (ROW) and small wireless facilities. Also to be discussed in an appeal for modification to Starbucks’ conditional use permit (CUP) and variance for its property on Huntington Drive.
On Sept. 26, 2018, the Federal Communications Commission (FCC) issued a ruling meant to streamline deployment of “small wireless facilities” in the public ROW required for 5G technology and other wireless services, according a report from the city. The FCC’s Declaratory Ruling and Third Report and Order (Report and Order) “significantly restricts” the ability for local governments to regulate the small wireless facilities in the public ROW and the attachment of the devices to public infrastructure, such as wood utility poles and streetlight poles in San Marino.
The Report and Order outlines small wireless facilities as having antennas no more than three cubic feet in volume and accessory equipment no more than 28 cubic feet in volume—approximately the size of a home refrigerator. Requirements for local regulation of the facilities involving aesthetics, undergrounding and spacing must be “reasonable, objective and published in advance” and will go into effect April 15, 2019. The report will also impose new processing deadlines and fee limitations for small wireless facilities. The city noted that the city attorney has advised that the law in this realm is unsettled. The reported noted that “the language of the Report and Order is not always clear and numerous municipalities have challenged the Report and Order in federal court. It is also difficult to anticipate every possible proposal that wireless companies might submit. Additional revisions to the City’s policies may be required in the future.”
In regards to Starbucks, an appeal was filed by residents Hector Gutierrez and Linda Gutierrez who own a residential property near the business. The appeal involves the Planning Commission’s approval, which modified the CUP for Starbucks as it relates to types of food items Starbucks can sell, delivery hours and business hours. The council was expected to discuss a new condition for a delivery window from 9 a.m. to 3 p.m. to fit the current operations for Starbucks. Also expected to be discussed is an opening time of 5 a.m., changed from 5:30 a.m. The city noted in a report that at 5 a.m., surrounding businesses would be closed, which would “minimize noise in the residential area” with easy parking in the parking lot and street close to the business entrance.
