HomeMy WebLinkAboutRES NO 146-16RESOLUTION NO. 146— 16
A RESOLUTION OF THE CITY OF BAKERSFIELD
IMPOSING AN INTERIM MORATORIUM ON
THE ISSUANCE OF PERMITS FOR
CONSTRUCTION OF WIRELESS
COMMUNICATION FACILITIES IN CITY'S
RIGHTS -OF -WAY.
WHEREAS, Public Works has received applications for street permits for the
construction of wireless communication facilities within the City's rights -of -ways;
and
WHEREAS, as proposed, these facilities include electronic antennas and
ancillary equipment mounted on new wood and metal poles as high as 120'
that would be located in both commercial and residential areas; and
WHEREAS, a wireless communication facility (WCF) is designed to provide
faster data coverage and capacity for mobile phone and devise users; and
WHEREAS, it is likely that other companies will apply for City permits to
locate WCF's in the City's rights -of -way; and
WHEREAS, under state law, wireless companies can secure a "statewide
franchise" issued by the California Public Utilities Commission, which gives them
the right to place WCF's in the City's rights -of -ways; and
WHEREAS, the City has the power to regulate the placement of WCF's in
its rights -of -ways with reasonable time, place, and manner restrictions; and
WHEREAS, existing City ordinances only regulate the construction of WCF's
on private property, either through an administrative process or a conditional
use permit depending on the size and location of the facilities and the zoning of
the proposed site; and
WHEREAS, since City ordinances do not currently regulate the placement
of WCF's within the City's rights -of -ways, there are no assurances in place that
proposed WCF's, like those proposed in the applications received by the City,
will be designed and constructed within the City's rights -of -ways to protect the
general public; and
WHEREAS, construction of WCF's in the City's rights -of -ways without any
established standards is inconsistent with the City's General Plan, which
promotes a street system that provides for safe traffic movements and a positive
image of Bakersfield; and
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WHEREAS, given the current applications that have been submitted, the
likelihood that others will follow in the near future, and the federal requirement
that applications for new WCF's be granted or denied within 150 days of
receipt, there is a current and immediate threat to the public health, safety, and
welfare if permits for WCF's in the City's rights -of -ways are approved before the
City is able to develop appropriate standards for the construction and siting of
WCF's in the City's rights -of -ways; and
WHEREAS, development and implementation of these standards could
require revisions to the City's General Plan, zoning modifications, and revisions to
the City's ordinances; and
WHEREAS, an interim moratorium will provide the City with time to
evaluate what standards are necessary and how those standards should be
established so that wireless companies will have a clear framework for future
installations.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield
as follows:
1. That the above recitals are true and correct and are incorporated
herein by reference.
2. That a 45 -day moratorium is imposed, to be effective immediately,
on the issuance of any new permits for the installation of WCF's in
the City's rights -of -way.
3. That this moratorium shall expire on October 1, 2016, 45 days after its
adoption, unless otherwise extended by the Bakersfield City
Council.
4. That this resolution is adopted by no less than four - fifths of the
members of the City Council.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
AUG 1 7 2016 , by the following vote:
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COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, EARLIER
NOES: COUNCIL MEMBER N6YV_
ABSTAIN: COUNCIL MEMBER NO<V,
ABSENT: COUNCIL MEMBER NOnL
ROBERTA GAFFORD, 4EIAC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 17 2016
By
HAROLD HANSON
VICE -MAYOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
ANDREW HEGL D
Deputy City Attorney
AHall
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