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HomeMy WebLinkAbout2003-12-09; City Council; Resolution 2003-3211 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 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. 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 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