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HomeMy WebLinkAbout2004-06-08; City Council; NS-707; Wireless communication facilities placement permits...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-707 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING URGENCY PERMITS FOR THE PLACEMENT OF WIRELESS ORDINANCE NO. NS-684 PROHIBITING THE ISSUANCE OF COMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF- WAY AND REPEALING ORDINANCE NO. NS-690 WHICH EXTENDED ORDINANCE NO. NS-684. WHEREAS, on December 9, 2003, the City Council approved an urgency ordinance prohibiting the issuance of permits for the placement of wireless communication facilities in the public right-of-way and adopted Resolution No. 2003-321 declaring the City Council’s intention to have staff study and recommend revisions to the Municipal Code and Council Policy No. 64 regarding the placement of wireless communication facilities in the public right-of-way; and WHEREAS, at the City Council meeting of January 20, 2004, the City Council extended Urgency Ordinance No. NS-684 with Urgency Ordinance No. NS-690 and authorized funding for retention of telecommunications consultants to assist in the study of placement of wireless communication facilities in the public right-of-way (Resolution No. 2003-351); and WHEREAS, the City Council directed staff to consider all relevant issues in formulating its recommendations to the City Council, including the desire to have adequate wireless communication services provided in the City which are designed and located to minimize safety and aesthetic concerns; and WHEREAS, the City of Carlsbad held a public workshop on April 14, 2004, inviting public input and specifically input from wireless communication providers in San Diego County with regard to the issue of location of wireless communication facilities in the public right-of-way; and WHEREAS, the City’s engineering consultant has completed its propagation studies with regard to the feasibility of coverage and capacity for wireless communication carriers located in the public right-of-way; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, staff subsequently prepared a Report on the Location of Wireless Communication Facilities in the Public Right-of-way with recommended revisions to City Council Policy No. 64 on Wireless Communication Facilities; and WHEREAS, notice of the public hearing for adoption of an ordinance repealing the moratorium on issuance of permits for location of wireless communication facilities in the public right-of-way and recommended revisions to City Council Policy No. 64 was included in the notice of issuance of the Report on Location of Wireless Communication Facilities in the Public Right-of-way, both available for review in the offices of the Planning Department; and WHEREAS, each of the five local wireless communication cell providers was mailed a copy of the Report on Location of Wireless Communication Facilities in the Public Right-of-way; and WHEREAS, the City Council has taken action regarding the staffs’ report and recommendations and has determined that potential development of wireless communication facilities in the public right-of-way no longer presents a current and immediate threat to the public health, safety and welfare; and WHEREAS, immediately allowing for the issuance of permits for wireless communication facilities in the public right-of-way in preferred locations will minimize safety hazards to pedestrians and automobile traffic, adjacent property, and aesthetic concerns, while providing necessary and desirable coverage and capacity for wireless communication carriers; and WHEREAS, the immediate repeal of Urgency Ordinance NS-690 and its extension by Ordinance No. NS-684, is necessary to preserve the public health, safety, and welfare by allowing issuance of permits for location of wireless communication facilities in the public right-of-way where appropriate, in accordance with the recommended revisions to Council Policy No. 64, based upon staffs’ study and recommendations during the moratorium. NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: Ordinance No. NS-707 PAGE -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 684 and NS-690. That the above recitals are true and correct. That this ordinance hereby repeals in their entirety Ordinance Nos. NS- EFFECTIVE DATE: This urgency ordinance shall be effective immediately upon passage and shall remain in full forces and effect for forty-five (45) days from its date of adoption, unless the City Council extends the interim ordinance pursuant to Government Code section 65858(a). INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Carlsbad City Council on the 8th day of Juns , of 2004, by the following vote, to wit: AYES: NOES: None Council Members Lewis, Finnila, Kulchin, Hall and Packard ABSENT: None APPROVED AS TO FORM AND LEGALITY n RONALD R. BALL, City Attorne CLAUDE Oh(E A. LEW ,S, ayor ATTEST: SEAL Ordinance No. NS-707 PAGE -3- 6