HomeMy WebLinkAboutRES CC 2020 3977 2020 1216 RESOLUTION NO. 2020-3977
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, ADOPTING FEES FOR
SMALL WIRELESS FACILITY PERMITS WITHIN THE
CITY'S RIGHT-OF-WAY
WHEREAS, on September 26, 2018, the Federal Communications Commission
("FCC") adopted a Declaratory Ruling and Third Report and Order ("Report and Order")
relating to placement of small wireless facilities in public rights-of-way; and
WHEREAS, the Report and Order gave providers of wireless services rights to
utilize public rights-of-way and to attach small wireless facilities to public infrastructure,
subject to payment of"presumed reasonable" non-recurring and recurring fees; and
WHEREAS, on April 17, 2019, the City Council adopted Resolution No. 2019-
3800 to adopt a Citywide policy regarding permitting requirements and development
standards for small wireless facilities; and
WHEREAS, Resolution No. 2019-3800 stated that an application fee shall be
established by City Council resolution and that, if no permit application fee had been
established, an applicant must submit a signed written statement that acknowledges
that the applicant will be required to reimburse the City for its reasonable costs incurred
in connection with the application within 10 days after the City issues a written demand
for reimbursement; and
WHEREAS, the City concurs with the "presumed reasonable" fees for non-
recurring fees for new poles to support small wireless facilities and for recurring fees,
including any right-of-way encroachment permit fee for attachment to a City-owned
structure in the public right-of-way; and
WHEREAS, the FCC allows jurisdictions to adopt higher fees than those
"presumed reasonable" if the jurisdiction can justify the fee; and
WHEREAS, the City has completed a study of the non-recurring staff time
required to process applications for Small Wireless Facility Permits within the City's
right-of-way, finding that the non-recurring staff costs incurred by the City for review of
such permits are higher than those "presumed reasonable" in the FCC's Report and
Order; and
WHEREAS, the City Council desires to recover the costs of review Small
Wireless Facility Permit applications to those applying for such permits.
Resolution No. 2020-3977
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The fees for Small Wireless Facility Permits shall be as follows:
• $910.00 for non-recurring fees for applications for up to five small
wireless facility sites, with an additional $260.00 for each additional site
on the same application.
• $270.00 per year for all recurring fees, including any right-of-way
encroachment permit fees for attachment to a City-owned structure in
the public right-of-way.
SECTION 2. The non-recurring fees for a new pole to support one or more small
wireless facilities continues to be the presumed reasonable fee of $1,000.00 as
described in City Council Resolution No. 2019-3800, and such fee is not affected or
adjusted by this Resolution.
SECTION 3. These fees shall become effective upon adoption by the City
Council.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 16th day of December, 2020.
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ice S. Parvin, Mayor
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Resolution No. 2020-3977
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2020-3977 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 16th day of
December, 2020, and that the same was adopted by the following vote:
AYES: Councilmembers Castro, Enegren, Groff, Pollock, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 16th day of December,
2020.
Ky Spa ler, Cit Jerk
(seal)
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