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12/17/2018 ORDINANCE NO. 2453 AN URGENCY ORDINANCE OF THE CITY OF REDWOOD CITY TO AMEND REDWOOD CITY MUNICIPAL CODE CHAPTER 29 TO ADD ARTICLE VIII, "WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY" WHEREAS, pursuant to Article XI, section 7 of the California Constitution, the City of Redwood City, California ("City"), has the authority to adopt such ordinances as it deems necessary and appropriate to assure good government in the City, to protect and preserve the City's rights, property and privileges, and to preserve peace, safety and good order; and WHEREAS, California Public Utilities Code Section 7901.1 gives the City the right to control, in a reasonable manner, the time, place, and manner, when applied equally, where telecommunications facilities can be located; and WHEREAS, the Redwood City Municipal Code contains very minimal standards or regulations specifically designed to address the unique legal and/or practical issues that arise in connection with wireless telecommunications facilities deployed in the public rights-of-way; and WHEREAS, the City deems it to be necessary and appropriate to provide for certain standards and regulations relating to the location, placement, design, construction and maintenance of telecommunications towers, antennas and other structures within the City's public rights-of-way, and providing for the enforcement of said standards and regulations, consistent with federal and state law limitations on that authority; and WHEREAS, the City uses the public right-of-way within its City limits to provide essential public services to its residents and businesses. The public rights-of-way within the City are limited public resources held by the City for the benefit of its residents, and the City has a custodial duty to ensure that the public rights-of-way are used, repaired, and maintained in a manner that best serves the public interest; and WHEREAS, while state and federal law limit the authority of local governments to enact laws that unreasonably discriminate among providers of functionally equivalent services, prohibit, or have the effect of prohibiting the provision of telecommunications services by wireless service providers, the City is authorized, under existing state and federal law, to enact appropriate regulations and restrictions relative to small cell facilities, distributed antenna systems, and other wireless telecommunication facility installations in the public rights-of-way; and WHEREAS, in anticipation of an increased demand from the wireless telecommunications industry to place small cell facilities, distributed antenna systems, and other wireless telecommunication facilities on utility poles and other structures in the public right-of-way, the City Council finds that it is in the best interests of the public ATTY/ORD.475/RC WIRELESS RIGHT OF WAY ORDINANCE —URGENCY ORDINANCE NO. 2453 REV: 12-12-18 VR MUFF NO. 305 Page 1 of 4