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SECTION 1: The foregoing Recitals are adopted as findings of the City Council of the City of Redwood City as though set forth in fully within the body of this ordinance. SECTION 2: The City Council adopts this ordinance amending Chapter 29 of the Redwood City Municipal Code to add a new Article VIII, entitled "Wireless Facilities in Public Rights -Of -Way," as shown as Exhibit A attached hereto and incorporated herein by reference. SECTION 3: The City Council finds and determines for the reasons stated in the Recitals and incorporated herein by reference that adoption of this ordinance is for the immediate preservation of the public peace, health or safety, as those terms are defined in California Government Code Section 36937(b). SECTION 4: This urgency ordinance is enacted pursuant to the authority conferred upon the City Council by Government Code §§ 36934 and 36937, and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. SECTION 5: The City Manager, or his or her designee, is directed to execute all documents and to perform all other necessary City acts to implement this ordinance. SECTION 6: This ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines because it has no potential for resulting in physical change in the environment, directly or indirectly. The ordinance does not authorize any specific development or installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the ordinance is a "project" within the meaning of State CEQA Guidelines section 15378, the ordinance is exempt from CEQA on multiple grounds. First, the ordinance is exempt because the City Council's adoption of the ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b) (3)). That is, approval of the ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). ATTY/ORD.475/RC WIRELESS RIGHT OF WAY ORDINANCE ORDINANCE NO. 2453 REV: 12-12-18 VR MUFF NO. 305 Page 3 of 4