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HomeMy WebLinkAbout2004-06-08; City Council; Resolution 2004-1821 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. 2004 - 182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE REPORT ON THE LOCATION OF WIRELESS COMMUNICATION FACILITIES IN THE COUNCIL POLICY NO. 64, AND DIRECTING STAFF ON FURTHER ACTION ON AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE AND CITY COUNCIL POLICY NO. 64 PUBLIC RIGHT-OF-WAY AND APPROVING REVISIONS TO CITY WHEREAS, on December 9, 2003, 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 the 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 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 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, 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 included notice of 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 issuance of the Report on Location of Wireless Communication Facilities in the Right-of-way, available for review in the ofices 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 Rig ht-of-Way. 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 Report on the location of Wireless Communication Facilities in the Public Right-of-way is hereby adopted. 3. That the proposed revisions to Policy 64 regarding Wireless Communication Facilities are hereby approved. 4. That staff is directed to consider and return with recommendations for amendments to the Carlsbad Municipal Code and City Council Policy No. 64 to allow for processing wireless communication facilities in preferred locations by administrative permit. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 8th day of June , 2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None A ATTEST: n LORRAINE M. W~D, City Cler (SEAL) Resolution No. 2004-182 PAGE -2-