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HomeMy WebLinkAboutReso - CC - 092-2021DocuSign Envelope ID: 1C44CDEC-AAB3-4F39-81ED-3A199FF1901A RESOLUTION NO.092-2021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING A DEPOSIT FOR WIRELESS PERMIT APPLICATIONS UNDER CHAPTER 12.11 AND ESTABLISHING A FEE FOR WIRELESS PERMIT APPEALS UNDER CHAPTER 12.11, AND AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE MASTER FEE SCHEDULE (CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(B)(3), 15302, 15303, AND 15304) THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows: WHEREAS, the City of Burlingame ("City") is considering a new wireless Ordinance which would update the City's regulation of wireless facilities; and WHEREAS, the proposed Ordinance establishes a comprehensive set of requirements and standards to regulate wireless facilities, including development, siting, installation, and operation of these facilities; and WHEREAS, applicable law allows the City to recover its reasonable costs of processing permit applications for wireless facilities; WHEREAS, the City does not currently have a fee for review of wireless permit applications under the proposed Chapter 12.11 of the Burlingame Municipal Code ("BMC"); and WHEREAS, the City will establish a deposit of one -thousand dollars ($1,000) per location for each wireless permit application, and the Public Works Department will request this deposit from applicants before review of applications pursuant to the proposed Chapter 12.11 of the BMC; and WHEREAS, charges against the deposit will include staff time for permit review, processing and inspections calculated at hourly rates consistent with City practice, plus actual City consultant fees and costs, if any. When the deposit is depleted, the applicant will be required to replenish it upon City request, and any unused deposit amounts will be refunded when the application is fully processed; and WHEREAS, the proposed Ordinance also contemplates an appeal of a wireless permit application under Chapter 12.11, which would be heard by a Hearing Officer; and WHEREAS, the City does not currently have a fee for wireless permit application appeals as contemplated by the proposed Ordinance; and WHEREAS, the City will establish a Wireless Application Permit Appeal Fee of $600, which will be inclusive of noticing costs related to the appeal; and, WHEREAS, the City Council now desires to set the deposit and fee noted above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame as follows: DocuSign Envelope ID: 1C44CDEC-AAB3-4F39-81ED-3A199FF1901A RESOLUTION NO. 092-2021 Section 1. The foregoing recitals are true and correct and incorporated into this Resolution by this reference. Section 2. A deposit of one -thousand dollars ($1,000) per location will be collected for each wireless permit application, and the Public Works Department will request this deposit from applicants before review of their applications pursuant to the proposed Chapter 12.11 of the BMC. Charges against the deposit will include staff time for permit review, processing and inspections calculated at hourly rates consistent with City practice, plus actual City consultant fees and costs, if any. When the deposit is depleted, the applicant will be required to replenish it upon City request, and any unused deposit amounts will be refunded when the application is fully processed. Section 3. A Wireless Application Permit Appeal Fee of $600 will be required for each wireless application permit appeal under Chapter 12.11, which is inclusive of noticing costs related to the appeal. Section 4. The City's Master Fee Schedule shall be revised to include the fees as shown in this Resolution. Section 5. The City Manager is authorized to take any other related actions consistent with the intention of this Resolution. Section 6. Pursuant to Title 14 of the California Code of Regulations, the City Council of the City of Burlingame hereby finds the approval of this Resolution is exempt from CEQA because this Resolution is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in direct or indirect physical change in the environment. Rather, it is only after an application is filed that CEQA would be implicated. Further, even if the Resolution were interpreted to permit a "project," application of this Resolution to any applicable wireless facility would likely be exempt from CEQA review in accordance with 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). In addition, the Resolution is not subject to CEQA pursuant to State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility the Resolution may have a significant effect on the environment, in that the Resolution will not necessarily result in the actual installation of any facilities in the City. NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. Ann O'Brien Keighran, Mayor 2 DocuSign Envelope ID: 1C44CDEC-AAB3-4F39-81ED-3A199FF1901A RESOLUTION NO. 092-2021 I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 6t" day of July, 2021 by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE DocuSignedby: HD4vv84C3D80E7449... Meaghan Hassel -Shearer, City Clerk 3