Laguna Beach Council Takes Steps to Retain Local Control Over 5G

At its regular meeting on Tuesday, November 12, the Laguna Beach City Council took steps to ensure the City retains as much local control as possible over the deployment of small wireless facilities and 5G wireless technology, in spite of federal laws limiting local authority. By making changes to the Municipal Code and design guidelines, the City Council can establish regulations that improve local control regarding the placement of facilities to the fullest extent possible under the law.

In September of 2018, the Federal Communications Commission established rules to override regulatory barriers at the state and local levels that could otherwise inhibit the deployment of infrastructure to support 5G services. The FCC’s order imposes tighter deadlines for cities to grant or deny the applications for placement of small cell equipment critical to 5G and also restricts how much local governments can charge wireless carriers to process applications.

Similar to small wireless facilities utilizing 4G technology, the small cell equipment required for 5G is comparable to the size of a pizza box and each unit is typically installed on existing utility poles or buildings. 5G technology delivers wireless internet access five times faster and is more responsive than today’s 4G networks—but with shorter range. While a 4G cell site might cover 12 city blocks, 5G may require one cell site for each block.

In order to comply with Federal law but also maintain a level of control over where and how small wireless facility infrastructure is placed within the City, the City Council gave direction to Staff Tuesday to initiate amendments to the City’s Municipal Code and design guidelines. The proposed changes to the guidelines would include strategies to minimize view obstruction and identify preferred placements for the small wireless facilities, like on pre-existing structures or existing utility poles when beneficial, and to limit the placement of the technology in business districts and traffic corridors to the greatest extent feasible. The City Council also asked Staff for spacing requirements between small wireless facilities and to discourage placement in residential areas or near schools, daycares, medical facilities, public parks and address any fire safety concerns related to the facilities.

Most new small cell facilities proposed in the City by wireless companies would require them to obtain a Conditional Use Permit. All future modifications to previously approved small cell locations would likely be eligible for an Administrative Use Permit only if strict administrative guidelines are met. A Coastal Development Permit is presently required if a new structure or pole is required at the cell location.

The City Council also asked that the Staff specify the amendments take into account any court rulings that modify or overrule any current FCC rules regarding small wireless facilities. A challenge to the FCC’s order filed by dozens of cities and counties across the U.S. is currently being heard in the U.S. Court of Appeals for the Ninth Circuit.

Any amendments to the Municipal Code will first be processed by the Planning Commission before returning to the City Council for approval, possibly as early as February.