TO: Board of Supervisors
FROM: Jeffrey M. Brax, County Counsel
REPORT BY: Thomas Zeleny, Chief Deputy County Counsel
SUBJECT: Second reading and adoption of an ordinance amending Chapter 12.04 regarding encroachments and adding Chapter 12.05 regarding small wireless facilities in the public right-of-way
RECOMMENDATION
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County Counsel requests the second reading and adoption of an ordinance amending Article I of Chapter 12.04 of the Napa County Code regarding encroachments and adding new Chapter 12.05 regarding small wireless facilities in the right-of-way.
ENVIRONMENTAL DETERMINATION: The adoption of the various provisions of this ordinance is either categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, as an activity affecting the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or facilities involving negligible or no expansion of existing or former use; or categorically exempt from CEQA pursuant to CEQA Guidelines Section 15303, as an activity affecting the construction and location of limited numbers of new, small facilities or structures, or installation of small new equipment in such structures; or not subject to the provisions of CEQA pursuant to CEQA Guidelines Section 15060(c)(2), as an activity which will not result in a direct or reasonably foreseeable indirect physical change in the environment.
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EXECUTIVE SUMMARY
On June 22, 2021, the Board of Supervisors conducted a first reading of an ordinance amending Chapter 12.04 (Encroachments) of the Napa County Code, and adding new Chapter 12.05 (Small Wireless Facilities). The amendments to Chapter 12.04 clarify the types of encroachment permits that are ministerial, and those that are discretionary, to reflect current practice. The amendments to Chapter 12.04 also ensure the county roads commissioner has the authority to require encroachments be maint...
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