HomeMy WebLinkAbout90-03 CC OrdinanceORDINANCE NO. 90-03
AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY
OF TEMECULA EXTENDING ORDINANCE NO 90-01,
WHICH DECLARES A MORATORIUM ON THE
CONSTRUCTION AND USE OF TFJ~EVISION AND RADIO
WHEREAS, pursuant to Ordinance No. 90-01, the City Council of the City of Temecula
enacted a zoning moratorium, which expires on February 23, 1990 pursuant to California
Government Code Section 65858;
NOW, THEREFORE, 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 such problems pose a current and immediate threat to the public health,
safety or welfare;
(c)
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;
(d)
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;
(e) That the City is conducting such an examination;
(f)
That it is necessary, pending the completion of such study and the enactment of
regulations based thereon, that the existing moratorium on the construction and
location of television and radio transmitting antennas be extended through January
8, 1991; and
(g)
That if such moratorium were not extended, construction of such antennas would
be undertaken which could very well frustrate the zoning proposal to be examined
Ords 90-03
and studied, and would result in a threat to public health, safety and welfare.
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 hearing thereon. Non-commercial (Ham Radio) antennas are exempt from
this section.
Section 3. This Ordinance is hereby declared to be an urgency measure and shall take
effect immediately and extend City Ordinance No. 90-01 through January 8, 1991. A statement
of facts constituting the basis of such urgency is set forth above. This Ordinance is adopted
pursuant to Government Code Section 65858. This Ordinance shall remain in effect until
January 8, 1991, and may, thereafter, 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.
Ronald J. ~s, Mayor
ATTEST:
F. D. Aleshire, City Clerk
Ords 90-03
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. 90-03 was duly adopted and passed at a regular meeting of the City
Council on the 13th day of February, 1990, by the following vote, to wit:
AYES: 4
COUNCILMEMBERS:
Birdsall, Lindemans, Moore
Mufioz,
NOES: 1
C OUNCILMEMBERS: Parks
ABSENT: 0
C OUNCILMEMBERS: None
F. D. Aleshire, City Clerk
Ords 90-03