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
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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.
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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.
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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
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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