HomeMy WebLinkAbout2004-01-20; City Council; NS-690; Ord NS-684 extension...1
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ORDINANCE NO. NS-690
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, EXTENDING URGENCY
PERMITS FOR THE PLACEMENT OF WIRELESS
FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS.
WHEREAS, at its regular meeting of December 9, 2003, the City Council of the
City of Carlsbad, California adopted Urgency Ordinance No. NS-684 to prohibit the issuance of
permits for the placement of wireless communication facilities in the public right-of-way and
adopted City Council Resolution No. 2003-321 declaring the Council’s intention to have staff
study and recommend revisions to the Municipal Code and City Council Policy No. 64 regarding
the placement of wireless communication facilities in the public right-of-way; and
ORDINANCE NO. NS-684 TO PROHIBIT THE ISSUANCE OF
COMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY
WHEREAS, Government Code section 65858 authorizes extension of said
Urgency Ordinance, after notice and hearing, by a four-fifths vote for up to ten (IO) months and
fifteen (1 5) days; and a subsequent extension once for up to one additional year; and
WHEREAS, this ordinance is adopted pursuant to Government Code, Section
65858(a) allowing the extension of such urgency odinance as amended by a four-fifths vote of
its legislative body of ten (IO) months and fifteen (15) days or until staff reports its
recommendation to the City Council;
WHEREAS, Urgency Ordinance NS-684 is still necessary to protect the public
health, safety, and welfare while the study and recommendations are being completed.
NOW, THEREFORE, the City Council of the City of Carlsbad does declare that
an emergency exists in that the issuance of right-of-way or conditional use permits for wireless
communication facilities without adequate study of the requirements of the entire spectrum of
wireless providers and without study of the ability of wireless providers to eliminate or minimize
safety and aesthetic concerns is likely to result in adverse effects on the health, safety, and
welfare of the citizens of Carlsbad. The facts constituting the emergency are those set forth in
Agenda Bill 17,401, dated December 9, 2003, on file with the City Clerk and made a part hereof.
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NOW, THEREFORE, the City Council of the City of Carlsbad does resolve as
follows:
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2.
That the above recitals are true and correct.
That the Planning Director study the propriety of location of wireless
communication facilities in the public right-of-way with the assistance of the Public Works/
Engineering Department, the Telecommunications Policy Team and outside
telecommunications consultants.
3. Moratorium:
a. That pending review and study and report or recommendation of
the Planning Director, no permit shall be issued for the construction, placement, erection, or
alternation of any structure in the public right-of-way to accommodate a wireless communication
facility.
b. That applications of wireless communication providers for cell
sites in locations within the City other than the public right-of-way shall continue to be processed
and considered in accordance with existing municipal code provisions and City Council Policy
No. 64.
4. In order to maintain the status quo and preserve the health, safety and
general welfare pursuant to Government Code Sections 65858 and 36937, it is necessary for
this ordinance to take effect immediately.
5. The City Council may amend this ordinance from time to time if it finds
there are changed circumstances in the facts that lead to its adoption.
EFFECTIVE DATE: This Urgency Ordinance shall be effective immediately upon
passage and shall remain in full force and effect for ten (IO) months and fifteen (15) days from
its date of adoption unless extended by the City Council according to law.
At least ten (IO) days prior to the expiration of this urgency ordinance, the City
Council shall issue a written report describing the measures it has taken to alleviate the
conditions that lead to the adoption of this urgency ordinance. The City Clerk of the City of
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Carlsbad shall certify to the adoption of this urgency ordinance and cause it to be published
once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days of the
adoption.
SEVERABILITY CLAUSE: If any section, subsection, sentence, clause, phrase
or part of this urgency ordinance is for any reason held to be invalid or unconstitutional by the
final decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining parts of this urgency ordinance. The City Council hereby declares that it would
have adopted this urgency ordinance and each section, subsection, sentence, clause, phrase,
or parts be declared invalid or unconstitutional.
Furthermore, if the entire urgency ordinance or its application is deemed invalid
by a court of competent jurisdiction, any repeal of the Carlsbad Municipal Code by this
Ordinance will be rendered void and cause such Carlsbad Municipal Code provision to remain
in full force and effect for all purposes.
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INTRODUCED, PASSED, AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the 20th day of January , 2004
by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
ABSTAIN: None
AROVED AS TO FORM AND LEGALITY
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