HomeMy WebLinkAbout2012-04-10; City Council; Resolution 2012-0831 RESOLUTION NO. 2012-083
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING COUNCIL POLICY
^ STATEMENT NO. 64 REGARDING WIRELESS
4 COMMUNICATION FACILITIES
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WHEREAS, Council Policy 64 addresses Wireless Communication Facilities in
the City of Carisbad; and
WHEREAS, On February 15, 2012, President Obama signed into law H.R. 3630
which includes among other provisions relevant to local government, restrictions on the
10 siting of wireless facilities;
11 WHEREAS, H.R. 3630 adds the following provision to the Federal
12 Telecommunications Act of 1996:
1^ "Notwithstanding [47 USC section 332(c) (7)] or any other provision of law, a
state or local government may not deny, and shall approve, any eligible facilities
request for a modification of an existing wireless tower or base station that does
15 not substantially change the physical dimensions of such tower or base station"
(H.R. (House Rules) Sec 6409 (a) (1).)
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17 WHEREAS, the City Council of the City of Carisbad is amending City Council
18 Policy No. 64 to comply with current Federal law;
WHEREAS, the amended Policy includes revisions to the "REVIEW
RESTRICTIONS" sections which are consistent with federal law;
WHEREAS, the amended Policy includes revisions to section A.4. of the
"REVIEW AND APPROVAL GUIDELINES" referencing collocation, to reflect that the
City must approve collocation applications unless the expansion adds significantly to the
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23 height or width of a facility;
26 WHEREAS, the amended Policy includes revisions to Section D.,
27 "APPLICATION AND REVIEW GUIDELINES," No.6, to reflect that a Conditional Use
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Permit shall not be required ifthe modifications to the existing site are insubstantial.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carisbad, California, as follows that:
1. The above recitations are true and correct.
2. That City Council Policy No. 64 will be amended to read as set forth in
Exhibit 2 to Agenda Bill No. 20,862.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
ofthe City of Carlsbad on the 10*^ day of April, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
MATTTHALL, Mayor
ATTEST:
LORRAHSIE M. WOOD, City Clerk
(SEAL)