TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Table 31-1 of Chapter 21.31, Tables 32-1 and 32-1A of Chapter 21.32, Table 33-2 of Chapter 21.33, Table 34-1 of Chapter 21.34, Table 35-1 of Chapter 21.35, and Table 36-1 of Chapter 21.36; by adding Chapter 21.56; and by repealing Sections 21.45.115 and 21.52.210; all relating to Wireless Telecommunications Facilities, read and adopted as read. (Citywide)
DISCUSSION
On April 20, 2010, the City Council instituted a moratorium via minute order, temporarily halting the approval of permits for wireless telecommunications facilities. This moratorium subsequently was amended to include only sites in Residential (R) and Institutional (I) zoning districts. During the moratorium, Department of Development Services staff has conducted studies of other cities' wireless ordinances, held several community meetings and two study sessions, and reached out to local residents and the wireless industry.
The product of this effort is a new wireless ordinance that staff proposes to replace the entirety of the City's existing regulations on wireless telecommunications facilities. This new ordinance, as proposed, would accomplish the following:
• Encourage placement of wireless facilities away from residential areas. Applicants would have to meet a high burden of proof to demonstrate that no other feasible locations are available before a wireless site would be placed in a residential area. Please note, however, that wireless sites cannot be banned outright from residential areas without exposing the City to legal action, as a ban may effectively deny the provision of wireless service, which is prohibited by Federal and State law, and is not the intent of this ordinance.
• Require co-location instead of construction of a new site any time a co-location opportunity is feasible.
• Require reports on each site's compliance with Federal Communications Commission (FCC) rules on radio frequ...
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