HomeMy WebLinkAboutOrd 1914ORDINANCE NO. 1914
AN INTERIM ORDINANCE
OF THE CITY OF
BURLINGAME
GOVERNING
WIRELESS FACILITY
MODIFICATIONS
UNDER 47 U.S.C.
§ 1455
WHEREAS Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012
(codified at 47 U.S.C. § 1455) restricted the regulatory authority that local jurisdictions
may exercise over modifications to existing wireless facilities; and
WHEREAS the Federal Communications Commission has issued regulations
implementing those provisions and further elaborating the restrictions on local
jurisdictions; and
WHEREAS some of the City of Burlingame's existing wireless ordinance provisions
have been preempted by these federal actions; and
WHEREAS the City of Burlingame has decided to support a challenge to the recent
action by the Federal Communications Commission; and
WHEREAS the City of Burlingame nonetheless intends to comply with existing
federal mandates until such time as they may be clarified through such litigation or
other action; and
WHEREAS
the City of Burlingame needs
time
to re-evaluate its existing wireless
ordinance in
light of the federal actions as
they
maybe modified; and
NOW, THEREFORE, the City Council of the City of Burlingame does hereby find
and declare as follows:
Section 1: Council Findings
A. The City Council finds and declares that the public health, safety, and
welfare, requires that the City enact a temporary ordinance bringing its existing
regulations in line with recent federal actions restricting local authority over
applications for modification of existing wireless facilities and that without the
adoption of this interim urgency ordinance, the City Council will not have sufficient
time and ability to study the new federal scheme and enact effective implementing
regulations.
B. The City Council fi
nds that the current Chapter 25.77 of the Burlingame
Municipal Code must be amended to reflect recent changes in federal law and
regulations governing local control over wireless facility modifications.
C. This urgency moratorium is necessary at this time in order to evaluate
appropriate regulatory approaches under recent Federal actions to alter the authority
of local jurisdictions regarding wireless facility modifications.
Section 2: Interim Ordinance Provisions.
In accordance with the authority granted to the City by California Government Code
Section 65858, and pursuant to the findings stated herein, from and after the date of
this ordinance, the Municipal Code of the City of Burlingame shall be amended by
adding a section 25.77.168, as follows:
25. 77.168 Wireless Facility Modification under 47 U.S.C. § 1455.
(a) Notwithstanding anything contrary in this chapter, any applicant for a permit
required by section 25.77.050 who believes that its application qualifies under §
6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47
U.S.C. §1455) as implemented by 47 C.F.R. 1.40001 shall expressly request
approval under this section when submitting its initial application and shall provide
the City with such evidence as reasonably required by the City to demonstrate that
its application qualifies for submittal under this section. Upon application submittal,
the Community Development Director shall review the application to determine if it
qualifies for submittal hereunder. The Community Development Director may
require additional information from the applicant as necessary to make this
determination. No applicant requesting approval under this section shall be required
to include the information required under section 25.77.060(a)(6) with its initial
application but the applicant may be required to provide this information to complete
its application if the Community Development Director determines that the
application does not qualify for submittal under this section and the section under
which the application does qualify requires such information to be submitted.
(b) If the Community Development Director determines that an
application
qualifies under subsection (a), the Community Development Director shall process
the application in a similar manner as an application for an administrative use permit
under this chapter. If the application is approved, the Community Development
Director shall issue an administrative use permit that indicates that the permit is
granted pursuant to this section. Moreover, except as expressly prohibited by federal
law, the administrative use permit shall be conditioned on compliance with all
provisions of this chapter and other lawfully imposed conditions of approval.
(c) This section shall be interpreted narrowly to preserve City discretion
over wireless communication facilifies to the fullest extent permitted by applicable
federal law. This section does not and shall not be construed to grant any rights
beyond those granted by 47 U.S.C. § 1455 as implemented by 47 C.F.R. 1.40001,
including subsequent changes adopted, enacted or imposed by the Federal
Communications Commission, federal legislation and case law.
Section 3. The City Council hereby fords and determines that this interim urgency
ordinance is necessary as an emergency measure pursuant to Government Code
Section 65858 for preserving the public health, safety, and welfare of the citizens of
the City of Burlingame.
Section 4. This interim urgency ordinance shall take immediate effect upon adoption
by four-fifths vote of the City Council. The interim urgency ordinance shall
continue in force and effect for forty-five days from the date of its adoption and shall
thereafter be of no force and effect unless, after notice pursuant to Government Code
Section 65090 and a public hearing, the City Council extends this urgency
ordinance.
Section 5. The City Attorney shall review and consider options for the regulation of
massage establishments in the City and provide to the City Council a report
describing the measures that the City has taken to address the conditions which led
to the adoption of this interim urgency ordinance.
Section 6. The City Clerk shall publish this urgency ordinance in the manner
required by law.
Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The Council hereby declares that it would
have adopted the Ordinance and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
TERRY NAGEL, Mayor
[Certification on next page]
I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, no hereby
certify that the foregoing ordinance was introduced and adopted at a regular meeting
of the City Council held on the 6th
day of
APRIL
2015, by the following vote:
AYES: COUNCILMEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
AT EST:
MARY ELLEN KEARNEY, City lerk