HomeMy WebLinkAboutAB2788_LtrToGatto_20160620Office of the City Council
Street, San Lt.,, s Ob st:m 93401 - -24-9Q0, 0 P a 1f,
June 20, 2016
The Honorable Mike Gatto
California State Assembly, District 43
State Capitol Building, Room 5136
Sacramento, CA 95814
Fax: (916) 319-2143
Re: AB 2788 (Gatto): Wireless telecommunications facilities.
As amended on June 15, 2016 — OPPOSE
Set for hearing on June 21, 2016 — Senate Energy, Utilities, and
Communications Committee
Dear Assembly Member Gatto,
The City of San Luis Obispo respectfully opposes AB 2788, which was recently
gutted and amended to deal with the permitting of wireless facilities. This bill
unnecessarily and unconstitutionally strips local authority over public property and
shuts out public input and local discretion by eliminating consideration of the
aesthetic and environmental impacts of "small cells."
AB 2788 prohibits local discretionary review of "small cell" wireless antennas ,
including equipment collocated on existing structures or located on new "poles,
structures, or non -pole structures," including those within the public right-of-way and
buildings. The bill preempts adopted local land use plans by mandating that "small
cells" be allowed in aY zones as a use by -right.
As such, the bill provides a de facto exemption to the California Environmental
Quality Act (CEQA) for the installation of such facilities and precludes consideration
by the public of the aesthetic, nuisance, and environmental impacts of these
facilities.
This bill's definition of a "small
cellif
may actually result in large facilities that exceed
the bill's specified limitations. Furthermore, the limits do not apply to other "small
celly)
equipment such as electric meters, concealments, telecom demarcation boxes,
ground-based enclosures, battery backup power systems, grounding equipment,
power transfer switches, cutoff switches, cables, or conduits. The bill allows for an
unlimited number of antennas of less than six cubic feet, while placing no height
restrictions on the pole. The bill may even allow the wireless industry to install its
own poles.
The bill also unconstitutionally preempts local authority by requt'finq local
governments to make available sites they own for the installation of a ((small cell.))
While the city may place "fair and reasonable terms and conditions" on the use of
city property, the bill does not provide the city with any discretion to deny a "small
cell" to be located on city property except for fire department sites. In effect, this
measure unconstitutionally gives control of city property to private
telecommunications companies.
Finally, a city or county must issue the applicable building permit or administrative
permit within an arbitrary timeline of 60 days after the submission of an application
for a small cell facility, or else the permit is deemed issued. Even more concerning,
this bill seemingly allows a telecommunications company to submit an application
for an unlimited number of facilities and equipment simultaneously, which would
force a public agency to potentially review dozens or unlimited amounts of
applications within the 60 day window, potentially approving these facilities
regardless if they are built to basic building, health, and safety codes.
Local governments typically welcome new technology into their boundaries because
of its potential to dramatically improve the quality of life for their residents.
However, AB 2788 goes too far by requiring local governments to approve
small cells" in all land use zones through a ministerial permit, thereby
shutting the public out of decisions that could affect the aesthetics of their
community and the quality of their environment.
Sincerely,
a Marx, Mayor.
CC:
Assembly Member Katcho Achadjian
Senator Bill Monning
Meg Desmond, League of California Cities, mdesmond@ s.orac it i e