Glendale staff have defended most rules in the city’s proposed wireless ordinance, rebutting industry complaints with language emphasizing that code is “within the City’s policy authority,” “doesn’t exceed local zoning authority,” and other similar phrases.
Staff’s report to the Planning Commission for its hearing Wednesday, February 3rd responds to all comments received by industry members and the public.
Extensive research on the matter enabled staff to call out T-Mobile’s complaint that the city is “imposing regulations on issues which substantive law prohibits the [Public Works] Director from doing.” The response: “T-Mobile has not articulated how the Public Works Director would/could act beyond the legal limits of his/her discretion.”
California Wireless Industry Association’s suggestion that Glendale take parks off the list of non-preferred locations (where they are now with elementary and middle schools) was flatly rejected citing City precedent.
The association also suggested that “capacity and new technologies” be considered as justification for new sites. The City responded: “Current law recognizes significant gaps in coverage as the proper standard for analysis, not capacity or new technologies.”
Staff incorporated Glendale Organized Against Cell Towers’ suggestion for larger public notice signs. However, the City did not incorporate GOACT’s request to hold hearings for proposed installations in the public right-of-way, responding: “…state law limits the City’s ability to restrict WTFs in the public right-of-way. The City must limit its consideration to reasonable time, place, and manner criteria.”