HomeMy WebLinkAbout2003-12-09; City Council; Resolution 2003-3211
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RESOLUTION NO. 2003-321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DECLARING THE CITY
COUNCIL’S INTENTION TO HAVE STAFF STUDY AND RECOMMEND REVISIONS TO THE MUNICIPAL CODE
AND POLICY 64 REGARDING THE PLACEMENT OF WIRELESS COMMUNICATION FACILITIES IN THE
PUBLIC RIGHT OF WAY
WHEREAS, the City has recently obtained two preliminary
applications for the construction of wireless communication facilities in the public
right of way, including poles, underground vaults and equipment boxes; and
WHEREAS, the City Council has determined that the City’s authority
to regulate wireless telecommunication carriers within the public right of way has
been further defined by several recent court decisions and that at least one
pending state court decision directly addresses that issue; and
WHEREAS, the City Council has determined that the City requires
time to study the feasibility of allowing location of wireless communication facilities
in the public right of way and that in the interim there are a number of other
potential sites for wireless communication facilities located outside of the public
right of way; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct;
2. That the City Council directs the Planning Director and staff to study
and make recommendations regarding the siting of wireless communication
facilities in the public right of way.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 9th day of
December , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ATTEST:
(SEAL)
Page 2 of 2 of Resolution No. 2003-321