581 - Laserfiche WebLink

Home Browse Search

Town, and to ensure that all wireless telecommunications facilities are installed using the least intrusive means possible. (13) The Town finds that in light of more recent developments in federal and state law with respect to the regulation of small cell and other wireless telecommunications facilities, there is a need for the Town to update its current ordinances based on current telecommunications trends, updates in laws, as well as aesthetic and location options for wireless facilities. The. City Council also finds that the lack of specifically -designed standards and regulations in the Municipal Code for wireless facilities located in the public right-of-way, the increasing requests for information about the Town's regulation of wireless telecommunications facilities, and the inability to adopt a temporary moratorium, present current and immediate threat to the public health, safety and welfare. The City Council further finds and declares that. the immediate implementation of the Ordinance is necessary to preserve and protect public health, safety and welfare. (14) The Town recognizes its responsibilities under the Federal Telecommunications Act of 1996 and state law and believes that it is acting consistent with the current state of the law in ensuring that irreversible development activity does not occur that would harm the public health, safety, or welfare. The Town does not intend that this Ordinance prohibit or have the effect of prohibiting telecommunications service; rather, it includes appropriate regulations to ensure that the installation, augmentation and relocation of wireless telecommunications facilities in the public rights -of -ways are conducted in such a manner as to lawfully balance the legal rights of applicants under the Federal Telecommunications .Act and the California Public Utilities Code while, at the same time, protect to the full extent feasible against the safety and land use concerns described herein. WHEREAS, the City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that this .Ordinance be enacted as an urgency ordinance pursuant to Government code S ection ' 3 693 7(b), and take effect immediately upon adoption. Therefore, this Ordinance is necessary for the immediate preservation of the public peace, health, safety and welfare and its urgency is hereby declared. WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following: (1) This Ordinance is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. (2) This Ordinance is categorically exempt from CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken by the Town pursuant to its police power and in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation and policies. (3) This Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for Ordinance 581 Page 3