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Home My WebLink About99-17 CC OrdinanceA. Recit-ls. ORDINANCE NO. 99-17 AN URGENCY AND REGULAR INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA ADOPTING A PROHIBITION ON THE PERMITTING, APPROVAL, DEVELOPMENT AND PLACEMENT OF ALL FORMS OF WIRELESS COMMUNICATION FACILITIES (i) The City of Temecula has experienced an increase in the development of, and requests to develop, wireless telecommunication facilities. The City has experienced development of a wide variety of facility type and design, including, but not limited to, building mounted antenna arrays, monopole mounted antenna arrays, stealth/disguise types of monopoles and roof top mountained antenna arrays. The City currently has no zoning and design standards that are reasonably appropriate and applicable to the review and analysis of the various types of wireless communication facilities and the siting issues related to the structures. (ii) The City of Temecula's General Plan, when adopted, did not anticipate the scope of wireless telecommunications present in today's marketplace. Accordingly, the General Plan's provisions regarding public utilities and institutional uses does not adequately address the circumstances presented by current telecommunication development issues, including, but not limited to siting and design factors. (iii) The City Council of the City of Temecula has determined that the lack of the adequate general plan, zoning and design standards referenced above has, and will continue to, negatively impact the health, safety and welfare of the City. This lack of adequate land use regulations, including the lack of adequate standards related to the design, location, size and placement of such facilities, has and will result in: the wasting of resources by involved parties; confusion and uncertainty among applicants, the public and the City as to the review criteria applicable to the siting design and regulation of such facilities; the jeopardizing of property values and further causes a negative impact on community attractiveness and aesthetics, including, but not limited to surrounding property view impairment, the over- development of parcels, the over-concentration of wireless telecommunication facilities and inappropriate or undesirable "disguising" methodologies. Individually, and in their totality, these facts and circumstances support this City Council imposing an interim ordinance prohibiting the further issuance of permits, approvals, and the development and placement of wireless telecommunication facilities until such time as the City has reviewed and revised the City's general plan and zoning ordinance to appropriately regulate these facilities. (iv) This City Council further finds that the City continues to receive inquiries and interest in the further development and placement of additional wireless telecommunications facilities. This demand for development, in light of the lack of appropriate general plan and zoning standards presents a circumstance that is a public urgency and which requires the immediate protection of the City's health, safety and welfare. The City council, after review and consideration of all the facts and issues discussed herein, finds and determines that the permitting, approval, development and placement of wireless R:ords/99-17 I telecommunication facilities shall be immediately prohibited in the City until the City has taken adequate time to develop standards and regulations for such facilities. The standards and regulation shall regulate the design, configuration, location and co-location, size, placement aesthetic characteristics and all other land-use factors relating to such facilities. This immediate prohibition is necessary to prevent the negative impacts discussed in the foregoing sections from further proliferating negatively impacting the City's health, safety and welfare. (v) All preconditions to the adoption of this interim ordinance as an urgency measure under California Government Code Section 36937(b) and as an interim zoning ordinance under California Government Code Section 65858 have occurred as required by law. B. Ordinance. The city council of the City of Temecula does ordain as follows: Section 1. In all respects as set forth in the Recitals, Part A of this Ordinance, which recitals are hereby wholly incorporated by reference herein. Section :~. This City Council intends this Interim Ordinance to be immediately effective under California Government Code Section 36937(b) and declares that the facts set forth hereinabove constitute the declaration of urgency required as a precondition to the adoption of an urgency ordinance by said Section 36937(b). Further, this City Council intends this enactment to be an interim ordinance, effective immediately, under the authority of California Government Code Section 65858 serving to prohibit the permitting, approval development and placement of wireless telecommunication facilities. This interim ordinance shall be of no further force and effect forty-five (45) days after its adoption. The Planning Department and City Clerk shall cause notice, pursuant to the requires of California Government Code Section 65090 to be given and a public headng to be held prior to the lapse of said forty-five (45) day period to consider the extension of the intedm ordinance for ten (10) months and fifteen (15) days. Further, the Planning Department shall prepare and submit the report required by California Govemment Code Section 65858(d) to the City Council in a time frame sufficient to allow the City Council to review and issue the same as required by law. Section 3. All wireless telecommunication facilities that have been granted approvals and entitlements for the development and placement of such facilities prior to the date this interim ordinance is adopted shall be allowed to proceed with development and operation notwithstanding this enactment. Section4. The Planning Department is directed to continue and/or commence the preparation of general plan and zoning ordinance amendments that establish standards, beneficial to the needs of this City, for the regulation of all aspects of wireless telecommunication facilities. This City Council declares it is its goal to accomplish the preparation and adoption of the general plan and zoning regulations in an expedited manner that will result in the least delay upon the further development of wireless telecommunication systems. Further, to the extend feasible, the policies set forth in the guidelines for moratoria, as promulgated by the Federal Communication Commission's Local and State Government Advisory Committee shall be implemented by City staff as regards involving wireless service providers in the process of developing revisions to the general plan and zoning ordinance. R:ords/99-17 2 Section 5. This City Council has determined that the adoption of this interim ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant impact on the environment (Title 14 California Code of Regulations 15061 (b)(3).) This City Council hereby determines that the prohibition set forth in this intedm ordinance has no possibility of having or causing a significant effect on the environment, thus removing this action from the application of CEQA. Section 6. Penalties for Violation of Ordinance. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted. Any person, firm, partnership or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollare (:$1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. Section 7. CIvil Remedies Available. The violation of any of the provisions of this Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. Section 8. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. R:ords/99-17 3 PASSED, APPROVED, AND ADOPTED this 22nd day of Ju 9. ,..,. --' ' ven J. Ford Mayor ATTEST: Susan W Jones CMC [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 99-17 was duly adopted and passed as an Urgency Ordinance at a regular meeting of the City Council on June 22, 1999, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Ford NOES: I COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None Susa r:ords/99-17 4