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HomeMy WebLinkAbout90-01 CC OrdinanceORDINANCE NO. 90-01 AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF TEMECULA DECLARING A MORATORIUM ON ~ CONSTRUCTION AND USE OF TELEVISION AND RADIO TRANSMITtING ANTENNAS. (URGENCY ORDINANCE) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare, as follows: (a) That the public and City staff have indicated to this Council that aesthetic and land use problems have arisen with respect to the construction of television and radio transmitting antennas within the city; Co) That it is necessary to re-examine all of the land use regulations of the Riverside County, which the City has adopted by reference, as they apply to television and radio transmitting antennas; (c) That it is necessary, pending the conduct of such study and the enactment of regulations based thereon, that a moratorium on the construction of any television and radio transmitting antennas be imposed pending the completion of such study and report; and (d) That if such moratorium were not imposed, construction of such television and radio transmitting Antennas would be undertaken which could very well frustrate the zoning proposal to be examined and studied; Section 2. Notwithstanding any provision of any City or County Ordinance to the contrary, during such time as this Ordinance is in full force and effect, no person shall construct or locate any television and radio transmitting antennas within the boundaries of the City. No officer, employee or agent of the City or the County of Riverside shall issue any permit or other entitlement which would have the effect of allowing such a television or radio transmitting antenna during such time as this Ordinance is in full force and effect, and in addition any permit or other entitlement issued shall be revoked. Should any party in receipt of such permit or entitlement believe that they have a vested right to build a television or radio transmitting antenna or would suffer a hardship if not permitted to build an antenna, they may apply for an exemption to this Ordinance. Such exemption may be granted by the City Council only after due notice and public heating thereon. Section 3. This Ordinance is hereby declared to be an urgency measure and shall take Ords 90-01 effect immediately upon its adoption. A statement of facts constituting the basis of such urgency is as above set forth. This Ordinance is adopted pursuant to Planning and Zoning Lay of the State of California and other applicable law. This Ordinance shall remain in effect for a period of 45 days from and after, be extended in the time and manner provided by law. Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 9th day o/~f January, ~1~90. Ronald J. Parks, Mayor ATTEST: F. D. Aleshire, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, F. D. Aleshire, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 90-01 was duly adopted and passed at a regular meeting of the City Council on the 9th day of January, 1990, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore Mufioz, Parks NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None F. D. Aleshire, City Clerk Orda 90-01