HomeMy WebLinkAbout2009-07-14; City Council; Resolution 2009-1771 RESOLUTION NO. 2009-177
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING COUNCIL POLICY
3 STATEMENT NO. 64 REGARDING WIRELESS
4 COMMUNICATION FACILITIES
5 WHEREAS, Council Policy 64 addresses Wireless Telecommunication Facilities
6 in the City of Carlsbad; and
7 WHEREAS, Government Code § 65850.6 requires a city, including a charter city
8 or county to administratively approve an application for a co-location facility on or
9 immediately adjacent to a wireless communications co-location facility through the
10 issuance of a building permit or a non-discretionary permit, as specified; and
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WHEREAS, Government Code § 65964 was also amended to preclude a city or
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county from unreasonably limiting the duration of any permit for a wireless
telecommunications facility, and provides that limits of less than ten years are presumed
15 to be unreasonable absent public safety reasons or substantial land use reasons; and
16 WHEREAS, City Council Policy Statement No. 64 currently provides that
17 Conditional Use Permits for wireless communications facilities shall be granted for five
18 years, to comply with the new law it is recommended that the Policy be amended to
19 provide that wireless communications facilities with Conditional Use Permits be granted
20 for a period of ten years in the absence of safety and/or substantial land use reasons
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which would justify a shorter term; and
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WHEREAS, the amended Policy will also provide that since the property owner's
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authorization is needed prior to processing an application for a Conditional Use Permit
25 by a non-landowner for use of a site, the length of the property owner's authorization to
26 use the site would be a substantial land use reason for justifying the imposition of a
27 shorter term.
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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 Council Policy Statement No. 64 will be amended to allow
wireless communications facilities to apply for a co-location facility, as defined and that
Conditional Use Permits for wireless communications facilities site may be granted for a
period of ten years with property owner's authorization as set forth above.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the I4tb day of July ,
2009, by the following vote:
AYES: Council Members Lewis, Kulcbin, Hall, Packard and Blackburn.
NOES: None.
ABSENT:None.
^CtAU'DE'A LEWIS,'Mayor
ATTEST:
RRAINE M. WOOD, City Clerk
^-S