HomeMy WebLinkAbout2004-06-08; City Council; NS-707; Wireless communication facilities placement permits...1
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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
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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-
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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