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HomeMy WebLinkAbout91-01 CC OrdinanceORDINANCE NO. 91-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA EXTENDING ORDINANCE NO. 90-01, WHICH DECLARES A MORATORIUM ON THE CONSTRUCTION AND USE OF TELEVISION AND RADIO ANTENNAS WHEREAS, pursuant to Ordinance No. 90-01, the City Council of the City of Temecula enacted a zoning moratorium, which expired on February 23, 1990, pursuant to California Government Code Section 65858; WHEREAS, pursuant to Ordinance No. 90-03, the City Council of the City of Temecula extended Ordinance No. 90-01, which expires on January 8, 1991 pursuant to California Government Code Section 65858; NOW, TItEREFORE, 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; b. 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, 1992; and g. That if such moratorium were not extended, construction of such antennas Ords 91-01 -1- would be undertaken which could very well frustrate the zoning proposal to be examined and studied, and would result in a threat to public health, safety and welfare. SECTION 2. Notwithstanding any provisions 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 revoke. 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, 1992. 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, 1992. 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 8th day of January, 1991. Ronald J. Parks, Mayor ATTEST: I eek, Deputy City"T_:l"erk [SEAL] Ords 91-01 -2- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-01 was duly adopted and passed at a regular meeting of the City Council on the 8th day of January, 1991, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Birdsall, Moore, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Ords 91-01 -3-