HomeMy WebLinkAboutORD NO 4863ORDINANCE NO. 4863
AN ORDINANCE OF THE CITY OF BAKERSFIELD ADOPTING
CHAPTER 12.30 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO WIRELESS TELECOMMUNICATION FACILITIES
IN THE PUBLIC RIGHT -OF -WAY.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
WHEREAS, this ordinance is intended to amend the Bakersfield Municipal
Code ( "BMC ") to provide uniform and comprehensive standards and
regulations, along with permit requirements, consistent with State and Federal
law, for the installation of wireless communications facilities in the City's public
right -of -way; and
WHEREAS, the BMC contains very minimal standards specifically designed
to address the unique legal and /or practical issues that arise in connection with
wireless communications facilities deployed in the right -of -way; and
WHEREAS, the right -of -way is a uniquely valuable public resource, closely
linked with the City's residential character, civic identity and natural beauty;
and
WHEREAS, the reasonably regulated and orderly deployment of wireless
facilities in the right -of -way is desirable since unregulated or disorderly
deployment represents an ever - increasing and true threat to the health, welfare
and safety of the community; and
WHEREAS, Section 7901 of the California Public Utilities Code authorizes
telephone and telegraph corporations to construct telephone or telegraph lines
along and upon any public road or highway, along or across any of the waters
or lands within this State, and to erect poles, posts, piers or abatements for
supporting the insulators, wires and other necessary fixtures of their lines, in such
manner and at such points as not to incommode the public use of the road or
highway or interrupt the navigation of the waters; and
WHEREAS, Section 2902 of the California Public Utilities Code authorizes
cities to retain their powers of control to supervise and regulate the relationships
between a public utility and the general public in matters affecting the health,
convenience and safety of the general public, including matters such as the use
and repair of public streets by any public utility and the location of the poles,
wires, mains or conduits of any public utility on, under or above any public
streets; and
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WHEREAS, Section 7901.1 of the California Public Utilities Code confirms the
right of municipalities to exercise reasonable control as to the time, place and
manner in which roads, highways and waterways are accessed, which control
must be applied to all entities in an equivalent manner, and may involve the
imposition of fees; and
WHEREAS, on August 17, 2016, the City Council adopted Resolution No.
, imposing a 45 -day interim moratorium on the issuance of permits for
construction of wireless communication facilities in the right -of -way; and
WHEREAS, on September 20, 2016, the City Council's Planning and
Development Committee conducted a public workshop during which the
public, including representatives from the wireless services and infrastructure
industry and representatives from franchised utilities and telecommunications
services, could provide verbal comments and refinements to the proposed
ordinance; and
WHEREAS, the City finds and declares that the regulation of wireless
communications facilities in the right -of -way is necessary to protect and
preserve the aesthetics in the community, as well as property values within the
City, and to ensure that all wireless facilities are installed using the least intrusive
means possible; and
WHEREAS, placement of wireless communications facilities in the right -of-
way without adequate standards impacts the health and safety of the public
using the right -of -way; and
WHEREAS, applicants are currently requesting permission to install wireless
communications facilities in the right -of -way; and
WHEREAS, federal regulations provide for very strict timelines for either
approving or denying requests to install wireless communications facilities in the
right -of -way; and
WHEREAS, given these strict timelines, the consistent requests to install
facilities in the right -of -way, and the risk to the public in allowing the installation
of these facilities in the right -of -way without adequate standards, adopting this
ordinance as an emergency ordinance pursuant to Sections 23 and 24 of the
City's Charter is appropriate; and
WHEREAS, adoption of this ordinance is exempt from the California
Environmental Quality Act ( "CEQA ") because the ordinance involves a minor
alteration in land use limitations, which does not result in any changes in land
use or density, regulating wireless companies with state authority to place their
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equipment in the public right -of -way by imposing limits on their ability to use the
public right -of -way (14 CCR §15305(, and there is no possibility that the
ordinance will have a significant effect on the environment since its purpose is to
reduce impacts to traffic, aesthetics, noise, etc. caused by the placement of
wireless equipment in the public right -of -way (14 CCR § 15061(b((3)(.
SECTION 1.
Chapter 12.30 of the Bakersfield Municipal Code is hereby adopted to
read as follows:
Chapter 12.30 Wireless Telecommunication Facilities in the Public Right -Of -Way
Sections:
12.30.010 Definitions.
12.30.020 Applicability.
12.30.030 Permit - Required.
12.30.040 Permit - Application requirements.
12.30.050 Permit - Application requirements - Security.
12.30.060 Permit - Approval - Director.
12.30.070 Permit - Approval - Board of zoning adjustment.
12.30.080 Permit -Term.
12.30.090 Permit- Findings.
12.30.100 Permit - Transfer.
12.30.110 Design and development regulations - General.
12.30.120 Design and development regulations - Traffic safety.
12.30.130 Design and development regulations - Clearance.
12.30.140 Design and development regulations - Facilities.
12.30.150 Design and development regulations - Noise.
12.30.160 Design and development regulations - No dangerous condition or
obstructions.
12.30.170 Operation and maintenance standards.
12.30. 180 Removal of facilities - Permit expiration, earlier termination or
revocation or abandonment of facilities.
12.30.190 Modification or removal of facilities - Exigent circumstances.
12.30.200 Modification or removal of facilities - Conflicts with other public
right -of -way uses.
12.30.210 Cessation of use or abandonment.
12.30.220 Nonconforming facilities.
12.30.230 Cell on wheels deployment.
12.30.240 Appeal.
12.30.250 Severability.
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12.30.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from
the context, the words set forth in this section shall have the following
meanings:
A. "Accessory Equipment" means any equipment associated with the
installation of facilities, including but not limited to cabling, generators,
fans, air conditioning units, electrical panels, equipment shelters,
equipment cabinets, equipment buildings, pedestals, meters, vaults, splice
boxes and surface location markers.
B. "Antenna" means any exterior transmitting or receiving device mounted
on the ground, tower, building, or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals(, wireless
telecommunication signals or other communication signals.
C. "Cellular" means an analog or digital wireless telecommunications
technology that is based on a system of interconnected neighboring cell
sites.
D. "Code" means the Bakersfield Municipal Code.
E. "Collocation" means the mounting or installation of facilities on a pole for
the purpose of transmitting and /or receiving radio frequency signal for
communication purposes.
F. "Cell on wheels" means facilities temporarily transported in or temporarily
installed.
G. "Department" means the department of public works.
H. "Director" means the director of public works or his or her designee.
I. "Exigent circumstance" means a dangerous condition, obstruction of the
public right -of -way or an imminent threat to the public health, safety or
welfare or the public's use of the public right -of -way.
I "Facilities" means wireless telecommunication facilities.
K. "Modification" means a change to existing facilities that involves items
such as collocation, expansion, alteration, enlargement, intensification,
reduction or augmentation, including, but not limited to, changes in size,
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shape, color, visual design or exterior material. "Modification" does not
include repair, replacement or maintenance if those actions do not
involve a change to the existing facilities, as outlined above.
L. "Mounted" means attached or supported.
M. "Located within the public right -of -way" means any facilities which in
whole or, in part, themselves or as part of another structure, rests upon,
in, over or under the public right -of -way.
N. "Permit" means a wireless facilities right -of -way permit.
O. "Permittee" means the applicant to whom a permit was issued and all
successors in interest to that permit.
P. "Pole" means a single shaft of wood, steel, concrete or other material
approved by the director capable of supporting the equipment
mounted thereon in a safe and adequate manner and as required by
this code.
Q. "Public right -of -way" means the area across, along, beneath, in, on,
over, under, upon and within the dedicated public alleys, boulevards,
courts, lanes, places, roads, sidewalks, streets and ways within the city, as
they now exist or hereafter will exist and which are or will be under the
permitting jurisdiction of the department.
R. "Utility pole" means any pole owned by any utility company that is
primarily used to support wires or cables necessary for the provision of
electrical or other utility services regulated by the California Public Utilities
Commission.
S. "Wireless telecommunication facilities" or "wireless facilities" mean any
equipment that transmits and /or receives electromagnetic waves. It
includes, but is not limited to, antennas and /or other types of equipment
for the transmission or receipt of such signals or structures supporting such
equipment, including, but not limited to, poles; related accessory
equipment; collocated equipment and other accessory development.
T. "Wireless telecommunications services" means the provision of services
using facilities and shall include, but is not limited to, the following
services: personal wireless services as defined in the federal
Telecommunications Act of 1996 at 47 U.S.C. §332(c)(7)(C) or its
successor statute, cellular service, personal communication service,
and /or data radio telecommunications.
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12.30.020 Applicability
A. This chapter applies to the placement, construction or modification of
facilities within the public right -of -way.
B. All facilities approved by the city prior to the adoption of this chapter
shall not be required to obtain a new or amended permit until such time
as a provision of this code so requires and shall be deemed a
nonconforming use subject to the provisions herein related to
nonconforming facilities.
C. All facilities, notwithstanding the date approved, shall be subject
immediately to the provisions of this chapter governing operation and
maintenance, modification or removal, cessation of use and
abandonment and the prohibition of dangerous conditions or
obstructions by such facilities; provided, however, that in the event a
condition of approval related to any such facilities conflicts with a
provision of this chapter, the condition shall control until the permit or
other approval is amended or revoked.
D. This chapter does not apply to the following:
1. Facilities owned and operated by the city for its use;
2. Any entity legally entitled to an exemption pursuant to state or federal
law or governing franchise agreement;
3. Government -owned and operated telecommunications facilities;
4. Facilities owned and operated by an emergency medical care provider;
S. Mobile services providing public information coverage of news events of
a temporary nature; or
6. Facilities not in the public right -of -way as described in chapter 17.59 of
this code.
12.30.030 Permit - Required.
It is unlawful for any person, firm or entity to install or collocate facilities within
the public right -of -way without first applying for and receiving a wireless
facilities right -of -way permit from the department as provided in this chapter.
The permit shall be required whether the installation or collocation is part of a
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separate project or whether it requires some other approval. The permit will
only be issued to those who have been granted the right to place facilities in
the public right -of -way pursuant to state or federal law or franchise agreement
with the city. No permit granted under this chapter shall confer any exclusive
right, privilege, license or franchise to occupy or use the public right -of -way of
the city for any purpose other than as provided in this chapter. Further, no
approval shall be construed as any warranty of title.
12.30.040 Permit - Application requirements.
A. Each applicant requesting a permit shall fully and completely submit to
the department a written application on a form prepared by the director
and pay the required permit fee and deposits.
B. The director may retain an independent, qualified consultant to review
the technical aspects of any permit application, and the applicant shall
pay the cost of this review through a deposit as required by the director.
No permit shall be issued to any applicant that has not fully reimbursed
the city for the consultant's cost.
C. In addition to the permit required under this chapter, the applicant must
obtain all other required permits or approvals from the city, state or
federal agencies. Any permit granted under this chapter is subject to the
conditions and requirements associated with the other required permits
or approvals.
12.30.050 Permit - Application requirements - Security.
To cover permittee's obligations under the permit and the code, permittee shall
pay for and provide a performance bond or other form of security approved by
the city, which shall be in effect until the facilities are fully and completely
removed and the site reasonably returned to its original condition.
12.30.060 Permit - Approval - Director.
After making the findings required in this chapter, the director may approve a
permit for the following installations of facilities within the public right -of -way
without the need for approval by the board of zoning adjustment:
A. Shrouded and camouflaged facilities collocated on an existing pole, i.e.
streetlight or utility pole, which are collectively less than three cubic feet
in dimension, inclusive of antennas, and designed in accordance with
criteria established by the director; or
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B. New poles on collectors and arterial roadways, as designated in the
circulation element of the general plan, that are less than thirty -five feet
tall, inclusive of all facilities, and designed in accordance with criteria
established by the director and otherwise satisfying the requirements of
this chapter; provided, however, that the applicant must first post notice,
as required by the director, at the proposed location of the new pole to
allow the public an opportunity to protest the proposed location and
aesthetics of the pole. If protests are received by the city, the
application will be referred to the board of zoning adjustment for
consideration as provided in this chapter.
12.30.070 Permit - Approval - Board of zoning adjustment.
After public notice and hearing as required in chapter 17.64 of this code and
making the findings required in this chapter, the board of zoning adjustment
may approve a permit for the installation of those facilities within the public
right -of -way not subject to director approval.
12.30.080 Permit - Term.
A. A permit shall be void ten years from the date of issuance, unless it is
otherwise deemed voided earlier or is revoked as provided herein. A
permittee may apply for a new permit no earlier than one hundred
eighty days before expiration of the permit. Any application for a new
permit for existing facilities shall comply with the city's then - existing
requirements for placement of facilities within the public right -of -way.
B. Notwithstanding anything to the contrary herein, permits shall be deemed
void one year after date of issuance if the permitted facilities have not
been constructed before that date.
12.30.090 Permit - Findings.
No permit shall be issued unless all of the following findings are made:
A. All notices required for the proposed installation have been given;
B. The proposed facilities have been designed and located in compliance
with all applicable provisions of this chapter including, but not limited to,
all design and development regulations contained herein and those
established by the director;
C. If applicable, the applicant has demonstrated its inability to collocate its
facilities on existing infrastructure; and
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D. The applicant has provided sufficient evidence supporting the
applicant's claim that it has the right to enter the public right -of -way
pursuant to state or federal law, or the applicant has entered into a
franchise agreement with the city, permitting it to use the public right -of-
way.
E. The applicant has demonstrated that the proposed installation is
designed in such a way that it represents the least intrusive means
possible for locating facilities within the public right -of -way and is
supported by factual evidence and a justification study, as required by
the director, to show that all alternative locations and designs identified
in the application review process were technically infeasible or not
available.
12.30.100 Permit - Transfer.
Transfer of a permit issued pursuant to this chapter is prohibited and voids the
permit unless the permittee first notifies the director, in writing, of the proposed
transfer, satisfies the requirements imposed by the director for the transfer to be
effective and the director approves of the transfer in writing.
12.30.110 Design and development regulations - General.
No permit will be issued for the placement of facilities in the public right -of -way
unless the facilities as proposed and constructed minimize visual, noise and
other impacts to the surrounding community and are planned, designed,
located and erected in accordance with the regulations set forth in this
chapter and those established by the director.
12.30.120 Design and development regulations - Traffic safety.
All facilities shall be designed and located in such a manner as to avoid
adverse impacts on traffic safety as required in city's subdivision and
engineering design manual.
12.30.130 Design and development regulations - Clearance.
No portion of any facilities mounted on a pole shall be any closer to the ground
than what is allowed under city's subdivision and engineering design manual. All
facilities shall be installed a minimum of six feet behind ultimate curb and gutter
flowline or at the edge of the public right -of -way and shall meet all applicable
Americans with Disabilities Guidelines.
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12.30.140 Design and development regulations - Facilities.
A. In approving a permit under this chapter, a preference shall be given for
collocating facilities on an existing pole rather than placing facilities on a
new pole.
B. Only facilities mounted to poles as defined herein shall be permitted in
the public right -of -way.
C. The maximum height of any facilities mounted on an existing pole shall
not exceed forty -eight inches above the top of the pole. Legally
required lightning arresters and beacons shall be included when
calculating the height of facilities.
D. Unless otherwise provided for in this chapter, pole- mounted equipment,
inclusive of antennas, shall not collectively exceed five cubic feet in
dimension.
E. New wood poles shall only be allowed to replace existing wood poles.
F. New poles located within the public right -of -way shall not exceed twenty -
four inches in diameter either above or below the surface level of the
ground.
G. Each component part of facilities shall be located so as not to
inconvenience the public's use of the public right -of -way or cause safety
hazards to pedestrians and motorists and shall be in compliance with the
city's subdivision and engineering design manual.
H. Facilities shall not interfere with access to a fire hydrant, fire station, fire
escape, water valve, underground vault, valve housing structure or any
other public health or safety facility.
All accessory equipment shall be pole- mounted or located underground
unless the director determines that there is no room in the public right -of-
way for undergrounding, or that undergrounding is not feasible, in which
case, the location of any accessory equipment shall be determined by
the director.
J. Facilities may not be illuminated unless specifically required by the
Federal Aviation Administration, Federal Communications Commission, or
other government agency. Any required illumination must be installed so
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as to avoid illumination impacts to adjacent properties to the maximum
extent feasible. Beacon lights are not permitted unless required by the
Federal Aviation Administration or other government agency.
12.30.150 Design and development regulations - Noise.
At no time shall equipment noise from any facilities exceed a reasonable
decibel level as determined by the director.
12.30.160 Design and development regulations - No dangerous condition or
obstructions.
No person shall install, use or maintain any facilities, which in whole or in part
rest upon, in or over any public right -of -way, when such installation, use or
maintenance endangers or is reasonably likely to endanger the safety of
persons or property, or when such site or location is used for public utility
purposes, public transportation purposes or other governmental use, or when
such facilities unreasonably interfere with or unreasonably impede the flow of
pedestrian or vehicular traffic including any legally parked or stopped vehicle,
the ingress into or egress from any residence or place of business, the use of
poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk
dining, permitted street furniture or other objects permitted at or near the
location where the facilities are located.
12.30.170 Operation and maintenance standards.
All facilities must comply at all times with the operation and maintenance
standards established by the director.
12.30.180 Removal of facilities - Permit expiration, earlier termination or
revocation or abandonment of facilities.
A. Upon the expiration date of a permit, earlier termination or revocation of
the permit or abandonment of the facilities, the permittee, owner or
operator shall remove the facilities and restore the site to its natural
condition except for any improvements the director determines should
remain. Removal shall be in accordance with proper health and safety
requirements and all ordinances, rules and regulations of the city. The
facilities shall be removed from the property, at no cost or expense to the
city. Failure of the permittee, owner or operator to promptly remove its
facilities and restore the property within ninety days after expiration,
earlier termination or revocation of the permit or abandonment of the
facilities, shall be a violation of this code unless the deadline to remove
the facilities is extended by the director upon a showing of good cause.
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Failure to abide by the timeline provided in this section shall be grounds
for any or all of the following:
1. Acting on any required bond or other security;
2. Removal of the facilities by the city in accordance with the procedures
established herein or under the city's nuisance abatement procedures at
the owner's expense; and /or
3. Any other remedies permitted under this code or any other applicable
law.
B. In addition to the procedures for recovering costs of nuisance
abatement, the city may collect such costs from the performance bond
posted and, to the extent such costs exceed the amount of the
performance bond, collect those excess costs in accordance with this
code.
C. If the city removes facilities in accordance with this section, any such
removal shall be without any liability to the city for any damage to such
facilities that may result from reasonable efforts of removal. Neither the
permittee, owner nor operator shall have any claim against the city for
that damage. Unless otherwise provided herein, the city has no
obligation to store such facilities.
12.30.190 Modification or removal of facilities - Exigent circumstances.
A. If the director determines that the condition or placement of facilities
located within the public right -of -way constitutes an exigent
circumstance requiring modification or removal of some or all of the
facilities, the director may cause the facilities to be modified or removed
summarily and immediately without advance notice or a hearing. Within
five business days of the modification or removal, the director shall serve
written notice of the modification or removal, including the basis for the
modification or removal, upon the permittee and person who owns the
facilities. If feasible, facilities removed shall be preserved for pick -up by
the owner; provided, however, that if the owner cannot be identified
following reasonable effort or if the owner fails to claim the removed
facilities within sixty days, the facilities shall be treated as abandoned
property and disposed of as determined appropriate by the director.
B. If the director determines that exigent circumstances exist that require a
modification or removal of facilities but that removal under this section is
not necessary, the director will notify the permittee and owner of the
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decision and provide a deadline for the modification or removal of the
facilities. If the permittee or owner fails to modify or remove the facilities
within the time designated by the director, the city may exercise any or
all of the available remedies under section 12.30.180.
12.30.200 Modification or removal of facilities - Conflicts with other public
right -of -way uses.
A. Permittee shall modify or remove its facilities, or any portion thereof,
without cost or expense to the city, if and when made necessary by any
of the following:
1. Any public improvement project, including, but not limited to, the
construction, maintenance or operation of any underground or above-
ground equipment including, but not limited to, sewers, storm drains,
conduits, gas, water, electric or other utility systems, or pipes owned by
the city or any other public agency;
2. Any abandonment of any street, sidewalk or other public facility; or
3. Any change of grade, alignment or width of any street, sidewalk or other
public facility.
B. Such modification or removal of the facilities shall be completed within
ninety days of notification by the city unless exigencies dictate a shorter
period for the modification or removal. Modification or relocation of the
facilities shall require submittal, review and approval of a new permit.
C. If the facilities are not modified or removed within the period of time
outlined above, the city may exercise any or all of the available remedies
under section 12.30.180.
12.30.210 Cessation of use or abandonment.
A. Facilities are considered abandoned and shall be promptly removed as
provided herein if they cease to provide wireless telecommunications
services for ninety or more consecutive days unless the permittee has
obtained prior written approval from the director which shall not be
unreasonably denied. If there are two or more users of facilities, then this
provision shall not become effective until all users cease using the
facilities.
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B. The operator of facilities shall notify the city, and any other permittee
authorized to use the facilities, in writing of its intent to abandon or cease
use of a permitted site or a nonconforming site (including unpermitted
sites) no later than ten days before ceasing or abandoning use.
Notwithstanding any other provision herein, the operator of the facilities
shall provide written notice to the director, and any other permittee
authorized to use the facilities, of any discontinuation of operations of
thirty days or more. Failure to provide the notice required herein shall
constitute a violation of the permit and be grounds for:
1. Litigation;
2. Revocation or modification of the permit;
3. Acting on any required bond or other security;
4. Removal of the facilities as provided herein; and /or
S. Any other remedies permitted under this code or applicable law.
12.30.220 Nonconforming facilities.
Preexisting facilities that do not conform to this chapter shall, within ten years
from the date such facilities become nonconforming, be brought into
conformity with all requirements of this article; provided, however, that should
the owner desire to expand or modify the facilities, intensify the use or make
some other change in a conditional use, the owner shall comply with all
applicable provisions of this code at such time, including, but not limited to,
securing a permit under this chapter, to the extent the city can require such
compliance under federal and state law.
12.30.230 Cell on wheels deployment.
A cell on wheels shall be permitted for the duration of an emergency declared
by the city or at the discretion of the director.
12.30.240 Appeal.
A. Any decision or action of the director provided for herein shall be final
unless, within ten calendar days after the decision, the decision is
appealed to the board of zoning adjustment by paying the required
appeal fee and detailing, in writing, the decision being appealed and
the specific reasons why the appellant believes the decision or action
from which the appeal is taken should not be upheld. The appeal shall
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be filed with the city clerk along with the required fee. If the
circumstances surrounding the appeal require public notice, notice of
the appeal hearing shall be given as set forth in section 17.64.050.
B. Any decision or action of the board of zoning adjustment provided for
herein shall be final unless, within ten calendar days after the decision,
the decision is appealed to the city council by paying the required
appeal fee and complying with the provisions of section 17.64.090. The
city council may hear the appeal de novo and, in approving a permit,
may deviate from the design and development regulations set forth
herein as necessary to comply with state and /or federal requirements.
12.30.250 Severobility.
If any provision of this chapter or the application thereof to any person or
circumstance is held to be invalid, that invalidity shall not affect other provisions
or applications which can be given effect without the invalid provision or
application, and to that end the provisions of this chapter are severable.
SECTION 2.
Environmental Review. Adoption of this ordinance is exempt from the
CEQA because the ordinance involves a minor alteration in land use limitations,
which does not result in any changes in land use or density, regulating wireless
companies with state authority to place their equipment in the public right -of-
way by imposing limits on their ability to use the public right -of -way (14 CCR
§15305). There is also no possibility that the ordinance will have a significant
effect on the environment since its purpose is to reduce impacts to traffic,
aesthetics, noise, etc. caused by the placement of wireless equipment in the
public right -of -way (14 CCR § 15061(b)(3)).
SECTION 3.
This ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and, as an emergency ordinance, shall become
effective as of the date of its passage.
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ORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 2 8 2016 by the following vote:
® ✓ ✓ / ✓ ✓ ✓
COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN,
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ABSENT' COUNCILMEMBER: ftNirl %t/
ROBERTA GAFFORDJCMC
CITY CLERK and EX OFFICIO Clerk of the
APPROVED:
SEP 2 8 2016 Council of the City of Bakersfield
By:
HARVEY L. HALL, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Atto7w��� By:
ANDREW HEGLU
Deputy City Attorney
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-- Page 16 of 16 Pages — " o
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 30th day of September. 2016 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4863, passed by the
Bakersfield City Council at a meeting held on the 28th day of September. 2016 and
entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD ADOPTING
CHAPTER 12.30 OF THE BAKERSFIELD MUNICIPAL CODE RELATING
TO WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC
RIGHT -OF -WAY.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEP City Clerk
S: \DOCUMENT ORMSV OP.ORD.nd