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Session 7: Opportunities in Small Cell Local Jurisdictions Presented by: Sean Scully, MPPA Director of Planning at National Engineering & Consulting, Inc.

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Presentation on theme: "Session 7: Opportunities in Small Cell Local Jurisdictions Presented by: Sean Scully, MPPA Director of Planning at National Engineering & Consulting, Inc."— Presentation transcript:

1 Session 7: Opportunities in Small Cell Local Jurisdictions Presented by: Sean Scully, MPPA Director of Planning at National Engineering & Consulting, Inc. Higher Standards, Superior Results CORPORATE OFFICE 27 Orchard Lake Forest, CA 92630 P: 949-716-9990 F: 949-716-9997 Higher Standards, Superior Results

2 Today’s Discussion Quick Intro-Background of Presenter; Feds/State-PUC Perspective; Local Government 101;  Principals of Local Government (Insights from a 20 year public sector career);  A Few Navigation Tips; Wireless Communications_The Land Use:  “Historical Perspectives” and “Big Picture”; “In the Beginning”. “The Firestorms”. “The Right-Of-Way_The New Frontier (Battleground)”. Full Circle; This New Wave Is Headed into AHJ’s Where into ROW where AHJ’s don’t have regulations. What you may encounter_ “All Over the Map”

3 Higher Standards, Superior Results Introductions: Sean Scully Education:  Bachelors Degree: Urban Planning (U of A) Minor: Real Estate  Masters Degree: Public Policy & Administration (CSULB) Public Sector Career: Twenty (20) Years Planning Professional:  Counties: Riverside; Monterey; and Santa Barbara  Cities: Menlo Park; Lawndale; and Carson Authored Wireless Ordinances for Lawndale and Carson Processed/managed hundreds of wireless projects through AHJ’s Private Sector: Eight (8) Years  Managed Entitlements Services for Top 10 AE Firm Western US Home Depot, Starbucks, etc  Principal PPTi (my firm): Calwa Regulatory Committee Co-Chair and Board of Directors Managed hundreds of wireless projects through jurisdictions across CA Expert Planning-Zoning Witness: Federal Court  Lawsuits against the City of Irvine and San Diego

4 Higher Standards, Superior Results Principals of Government Fundamental Principals of Government:  “EQUITY” NOT “EFFICIENCY”  NOT MERIT BASED Hard work is actually discouraged.  Sets bad precedence for rest of staff.  Unions tend to “frown” on that type of behavior.  Results in that individual getting assigned more work.  Rife with internal inconsistencies in terms of implementation/application of: Policies, design guidelines, development standards-regulations, and ordinances. Process-Procedures.  We are not in control of this environment! However…

5 Higher Standards, Superior Results How to Navigate AHJ’s “Do your homework”  Review basic policies, ordinances, procedures, property zoning, existing entitlements, before engaging.  No real “shortcuts” here. “Lead the Process” become a “Partner”  Demonstrate you have done your research and homework. By demonstrating you have done the basic research it illustrates your respect. It also demonstrates that you want to make their job “easier”. Show/tell them that.  Do not completely rely on staff, “appointeds”, “electeds” to guide you. “Ask for what you want/client needs”  Tell them your schedule, issues, and ask for their help. “Know when to escalate”  Respect “Chain of Command”.  Be professional and courteous, but don’t accept “rude” behavior. They have to play by the rules: Written Ordinances, policies.  Written documents are the basis/parameters of the directions/decisions made by staff, appointed, electeds. They can’t just go by their own “opinion”.  When in doubt, respectfully request to see the zoning ordinance or policy they are relying on for their direction.

6 Higher Standards, Superior Results Wireless Communications_ The Land Use  “Historical Perspectives” and “Full Circle”; “In the Beginning”. Planning Community/AHJ’s Viewed it as “fad”, “rich mans toy”, “wouldn’t last”. “Not that many of them.” “A Utility?”, “Should We Even Be Regulating This?”, “What is this Land Use”. No Regulations. Just add a category in the land use tables, “Radio Towers”, Etc. and Require a “Conditional Use Permit”. “The Firestorms”. WTF just kept coming. No longer a luxury. Thousands were rolled out! NIMBY!!! Urgency Ordinances, Complaints, Nuisance! We Joined the “Murderers Row” of Land Uses and received the special honor of receiving our own Chapter! You could find the WTF Chapter somewhere near chapter regulating “Liquor Stores/Check Cashing/Adult Book Stores/Massage Parlors, Etc. We had found a new home in the planning and zoning community! “The Right-Of-Way_The New Frontier (Battleground)”. The interesting thing about the ROW is that when Planners, Cities/Counties first began to analyze WTF as a land use, the consensus way back in the early days was try and force WTF’s into the ROW! That is where they belong! Be careful what you wish for!

7 Higher Standards, Superior Results Full Circle This New Wave Of Infrastructure Is Headed into ROW and Many/Most AHJ’s Don’t Have Regulations. Unfortunately we won’t get a “Free Pass” (In Most Cases) like WTF’s did in the early days. Baggage; NIMBY’s; Planner’s Domain; This is “New” territory for planners too. Traditionally Planners never would deal with anything in the ROW. This space is not under the purview of Planning Department. Public Works/Engineering owns this space. Engineers not accustomed to the world of “discretionary entitlements”. They live in more black and white world of “ministerial permits”. Unfortunately Engineering is catching on and/or because of baggage they are too scared to issue.

8 Higher Standards, Superior Results All Over the Map What You “MAY” Encounter: Remove “Always” and “Never” when referring to AHJ’s; They don’t know their own procedures, processes, how can you? Here’s a sample of multiple variations: AHJProcess Anaheim Policy Document Dictates. Two (2) step ministerial/quasi discretionary permit process. First phase through City Public Utilities Department (Ministerial Review-Approval Process). Second Phase (Quasi- Discretionary Review Process) through City Public Works Department (Telecommunication Master Plan Permit). Bellflower Zoning and Public Works Ordinance Silent. Ministerial Permit from Public Works. Bloomington Public Works Ordinance Regulates. ROW Permit (Public Works). Buena Park Zoning “Exempts” WCF’s in the Public Right of Way. Ministerial Permit from Public Works. Brea CUP Required. City’s Zoning Ordinance defines our project as a “Major Wireless Communication Facility”. Corona Zoning Ordinance Governs. Minor CUP Required (Discretionary Entitlement, Administrative) Cypress Zoning Ordinance Governs. Formal Planning/Zoning Process Required (CUP and DRC).

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