HomeMy WebLinkAboutORD NO 4905ORDINANCE NO. 4 9 0 5
ORDINANCE AMENDING SECTION 12.30.060 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:
SECTION 1.
Section 12.30.060 of the Bakersfield Municipal Code is hereby amended to
read as follows:
Chapter 12.30 WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT -
OF -WAY
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 four cubic feet
in dimension, inclusive of antennas, and designed in accordance with criteria
established by the director; or
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.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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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
JUN 7 8 2017 by the following vote:
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AY COUNCILMEMBER: RIVE RA, GONZALES, WEIR, SMITH, FREEIIIRIV, SULLNAN, PA RLIER
COUNCILMEMBER: NOnY-
ABSTAI COUNCILMEMBER:
AB ENT: COUNCILMEMBER: NON_
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CHRISTOPHE ERRY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: JUN 2 B 2017
By: o /I
WEN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attor y
By:
ANDREW HEGLUI
Deputy City Attorney
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CHRISTOPHER GERRY, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 3rd day of July 2017 he posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4905, passed by the
Bakersfield City Council at a meeting held on the 28th day of June. 2017 and entitled:
ORDINANCE AMENDING SECTION 12.30.060 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO WIRELESS
TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT -
OF -WAY
CHRISTOPHER GERRY
Acting City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: (`
DEP7 City C1 rk
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ORIGINAL