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HomeMy Public PortalAbout09-1430UORDINANCE NO. 09-1430U AN INTERIM URGENCY ORDINANCE OF TIIE CITY OF CARSON, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 36934 AND 36937 AMENDING SECTION 9138.16 OF TIIE CARSON MUNICIPAL CODE REGARDING WIRELESS TELECOMMUNICATION FACILITIES WHEREAS, the City of Carson ( "City ") has received increased inquiries and applications from telecommunications service providers regarding locating wireless telecommunication facilities in the City including facilities in the right -of -way (ROW); and WHEREAS, Section 9138.16 of the Carson Municipal Code (CMC), relating to the construction, modification, and placement of antennas and cellular devices, which was enacted in or about 2003 and has not since been amended; and WHEREAS, changes in wireless telecommunication technology and the increased provision of wireless telecommunication services will produce even greater increase in applications for wireless telecommunication facilities in the future; and WHEREAS, Section 9138.16 of the CMC specifically exempts the application of the City's existing regulations to wireless telecommunications facilities in the ROW including those regulations that relate to a proposed WTF and including but not limited its proximity to residential neighborhoods, maximum height limit, and requirements for a justification study; and WHEREAS, the City Council determines, on an urgency basis, that an amendment to the CMC is necessary to immediately address and regulate wireless telecommunication facilities within the ROW in order to protect the public health, safety, and welfare; and WHEREAS, Government Code §§ 36934 and 36937 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four - fifths vote of the city council. NOW, TIIEREFORE, the CITY COUNCIL of the CITY OF CARSON, CALIFORNIA, DOES ORDAIN as follows: Section 1. Findings A. The above recitals are true and correct. B. The City adopted its current Zoning Ordinance regulating antennas and wireless telecommunication facilities (Carson Municipal Code ( "CMC ") § 9138.16) in or about 2003. The purpose of that ordinance is to ensure that such uses of antennas are operated in a manner that does not adversely impact surrounding uses and to provide additional development standards [MORE] Ordinance No. 09 -1430U Page 2 of 5 and conditions for such uses to ensure their compatibility with surrounding uses. The regulations are designed to further protect and promote public health, safety, and welfare and the quality of life of the community. C. Due to significant developments in laws governing local governmental control over construction, modification, and placement of wireless telecommunication facilities, including recent federal and state court decisions interpreting the Telecommunications Act of 1996 and California Public Utilities Code Section 7901 et seq., Section 9138.16 of the CMC has become outdated and inadequate in the following ways, inter alia: (1) the regulations do not adequately address location standards and design for antennas and related facilities in the ROW; and (2) the regulations do not articulate proper conditions and standards in the granting of permits for wireless telecommunication facilities in the ROW. D. The community within and surrounding the City desires to have improved wireless telecommunication services but is also concerned about the safety, noise, visual, lighting and other adverse impacts related to the installation, maintenance, and operation of such wireless telecommunication facilities. E. Wireless telecommunications devices and technology have recently improved and the current lack of proper regulations has resulted in uneven coverage in certain areas of the City. The lack of coverage in certain areas where there is most need and over - coverage in other areas of the City will continue to be a public health and safety hazard if citizens within the community do not have access or coverage of wireless services in emergency or life - threatening situations. F. The City has received inquires and applications for installation of wireless telecommunications facilities in and above the ROW. And as a result has had the installation of a wireless telecommunications facility in, on and above the ROW without the ability to require a justification study and without codes regulating height standards or proximity to residential uses, among other conditions, for ensuring compatibility with the community or without other regulations needed to protect the public peace, health, safety and general welfare. G. Until such time the City adopts amendments to Section 9318.16 governing wireless telecommunications facilities in, on or above the public ROW for the construction, modification, or placement of wireless telecommunication facilities, the community is in jeopardy in that wireless telecommunication facilities could be constructed, modified, or placed prior to the imposition of regulations necessary for the protection of public peace, health, safety and general welfare. H. The City Council desires to consider and adopt amendments to Section 9138.16 related to wireless telecommunications facilities in, on or above the public right -of -way pertaining to wireless telecommunication facilities in order to provide clear, concise, and uniform guidance consistent with the law to telecommunication service providers regarding the establishment, location, and design of wireless telecommunication facilities and to address community concerns stated above. [MORE] 01007/0001/70497.02 Ordinance No. 09 -1430U Page 3 of 5 Section 2. Environmental Review The City Council finds and determines the adoption of this ordinance is exempt from the California Environmental Quality Act ( "CEQA ") under Sections 15061(b)(3), 15307, 15308, and 15183 of the CEQA Guidelines. Section 3. Amendment to Carson Municipal Code Section 9138.16(C) of the Carson Municipal Code is hereby amended by deleting the following stricken text as follows: "C. Applicability. The procedures and rules set forth in this Section are applicable to all new wireless telecommunications facilities, and all modifications or additions to existing wireless telecommunications facilities constructed prior to the date the ordinance codified in this Section became effective, in the City of Carson, excepting such facilities where, in the objectively reasonable determination of the Planning Officer, the installation or modification of the same would have a de minimus impact on the public right of way. This Section does not apply to the use or location of private, residential citizen band radio towers, amateur radio service, television antennas, or private residential dish antennas less than one (1) meter in diameter, used for receiving radio frequency or television signals, or public safety communications facilities owned or operated by the City of Carson or any emergency agencies such as the Fire Department or Sheriff's Department." Section 4. Urgency Findings This interim urgency ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Carson by Government Code §§ 36934, 36937, and 65858, and shall be in full force and effect immediately upon its adoption by a four -fifths (4/5) vote of the City Council as if and to the same extent that such ordinance had been adopted pursuant to each of the individual sections set forth hereinabove. In adopting this interim urgency ordinance, the City Council finds and determines that each of the recitals contained in this ordinance are true and correct, and that the adoption of this interim urgency ordinance is necessary to protect the public safety, health and welfare, as those terms are defined in Government Code § 36937, in at least the following respects: (a) To immediately establish a regulatory framework for the placement of WTC's in the city's ROWs and city-owned or leased properties. (b) To protect the health and safety of the public from the unregulated proliferation of WTCs in the city's ROWs and city-owned or leased properties without appropriate review and oversight. [MORE] 01007/0001/70497 02 Ordinance No. 09 -1430U Page 4 of 5 This interim urgency ordinance shall be of no further force or effect forty-five (45) days from and after the date of its adoption, unless the same is extended pursuant to the authority conferred upon the City Council by Government Code § 36937. Not later than ten (10) days prior to the expiration of this interim urgency ordinance, the City Council shall issue a written report as required by applicable state law. Section 5. Severability If any section, subsection, clause or phrase of this ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 6. Certification The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED this 1st day of September, 2009. ATTEST: Helen S. Kawagoe, City Clerk APPROVED AS TO FORM: 0 1 00 7/000 1 /70497.02 „JP./ 2 Mayor Jim Dear [MORE] Ordinance No. 09 -1430U Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 09 -1430U was duly and regularly adopted by the City Council of said City on an urgency basis at a meeting of said Council, duly and regularly held on the 1st day of September, 2009, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: 01007/0001170497 02 Mayor Dear, Davis - Holmes, Santarina, Gipson and Ruiz -Raber None None None City Clerk, City of Carsofi, Califo is