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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 SnCOONC I L\ReSDSV1&17AM Otto mWCFDOC, — Page 1 of 3 Pages 0 ��i .INAL 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. s�murvci��a�nibv�moroion�m .wcmo�. - - - - -- 0000000- - - - - -- — Page 2 of 3 Pages -- � 5rh F9 T nRIGINAI 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: �--� ✓ ✓ ✓ ✓ ✓ L/ ✓ 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 SVC0UNCpkesosV1617AMO 1o,um WCFDO yP.Ke19 —Page 3of3 Pages — o �, 0 nFIaINAL