File #: 2022-0093    Version: 1 Name:
Type: Action Item Status: Passed
File created: 2/28/2022 In control: Board of Port Commissioners
On agenda: 4/12/2022 Final action: 4/12/2022
Title: WIRELESS COMMUNICATION FACILITIES ON DISTRICT TIDELANDS: A) ADOPT ORDINANCE TO ADD ARTICLE 15 "WIRELESS COMMUNICATION FACILITIES ON DISTRICT TIDELANDS" TO THE SAN DIEGO UNIFIED PORT DISTRICT CODE B) ADOPT RESOLUTION RESCINDING BOARD RESOLUTION 2014-227 ADOPTING BOARD OF PORT COMMISSIONERS (BPC) POLICY 772 - GUIDELINES FOR CONDUCTING PROJECT CONSISTENCY REVIEW FOR WIRELESS COMMUNICATION FACILITIES
Attachments: 1. 15. 2022-0093 Attachment A, 2. 15. 2022-0093 Attachment B, 3. 15. 2022-0093 Attachment C, 4. 15. 2022-0093A Draft Ordinance, 5. 15. 2022-0093B Draft Resolution, 6. 15. 2022-0093 Draft Presentation, 7. 15. ARM - CWA - Ltr re Wireless - Submitted for March BPC, 8. 15. ARM - Pinilis & Halpern LLP - Ltr re Wireless - Submitted in March, 9. 15. ARM - Crown Castle Opposition Proposed Wireless Ord - Submitted in March
DATE: April 12, 2022

SUBJECT:

Title
WIRELESS COMMUNICATION FACILITIES ON DISTRICT TIDELANDS:

A) ADOPT ORDINANCE TO ADD ARTICLE 15 "WIRELESS COMMUNICATION FACILITIES ON DISTRICT TIDELANDS" TO THE SAN DIEGO UNIFIED PORT DISTRICT CODE
B) ADOPT RESOLUTION RESCINDING BOARD RESOLUTION 2014-227 ADOPTING BOARD OF PORT COMMISSIONERS (BPC) POLICY 772 - GUIDELINES FOR CONDUCTING PROJECT CONSISTENCY REVIEW FOR WIRELESS COMMUNICATION FACILITIES

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EXECUTIVE SUMMARY:

Wireless Communication Facilities (WCF) are the equipment and supporting structures used to provide wireless service. WCF can take a range of forms, from large scale towers, purpose-built to support numerous facilities, to small scale facilities often incorporated into or attached onto existing structures, such as streetlights. Regulation of the placement of WCF is principally a local matter. However, although federal and state law expressly recognize local regulatory authority over siting, they do impose some significant procedural and substantive limits on local authority.

On December 9, 2014, by Resolution No. 2014-227 (Attachment A), the Board of Port Commissioners (Board) adopted BPC Policy No. 772 - Guidelines for Conducting Project Consistency Review for Wireless Communication Facilities (Wireless Guidelines) (Attachment B). The Wireless Guidelines set out high-level objectives and policies regarding WCF on District tidelands, recognizing the importance of WCF in providing reliable wireless service while also determining that it was essential to maintain the high aesthetic and environmental qualities of tidelands, while ensuring that WCF do not conflict with the other users and uses of the District. The Board envisioned the preparation of administrative procedures that would have implemented those high-level objectives and policies established in the Wireless Guidelines. The administrative procedures never materialized due to the small number of complex wireless project submittals in the ensui...

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