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
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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]
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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
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