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Home My WebLink About508A" ORDINANCE NO. 508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, CALIFORNIA, PROHIBITING THE ESTABLISHMENT OF ANY WIRELESS COMMUNICATIONS FACILITIES WITHIN THE CITY OF IRWINDALE DURING THE PENDENCY OF THIS ORDINANCE, AND DECLARING THE URGENCY THEREOF. WHEREAS, California Government Code S 65858 authorizes this City Council, after making certain findings, to adopt as an urgency ordinance, an interim ordinance prohibiting any land uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the City is studying or intends to study; and WHEREAS, the Federal Telecommunications Act ("Act") was signed into law in February, 1996. The effects of the Act upon the City's ability to regulate wireless communications facilities require study by the City; and WHEREAS, changes in wireless telecommunications technology, additional licenses granted by the Federal Communications Commission and the increased demand for wireless communications services appear to have led to a significant increase in the demand for wireless communications facilities within the City. No less than six (6) applications for the location and establishment of new wireless communications facilities within the City have been recently submitted to the City. Additional requests are expected; and WHEREAS, the City is currently reviewing and proposing changes to the Zoning Code which will address regulations and standards affecting wireless communications facilities. City staff recommends to the City Council that the City undertake a thorough study to investigate changes or amendments to the City's general plan and/or zoning to alleviate concerns regarding potential health hazards, aesthetic effects, negative impacts and overconcentration of wireless communications facilities on the City and the community as a whole; and WHEREAS, processing applications for wireless communications facilities at the present time without information to determine appropriate regulations and standards for such land uses will result in the application of inconsistent standards and threaten the public health, safety and general welfare. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: 561/099999-0091/1039196.1 .12104M -1- e^ e Section 1. Findinos. The City Council hereby finds and determines as follows: A. There has been a significant increase in the number of applications for the establishment of wireless communications facilities within the City. B. Overconcentration and lack of control over the establishment and operation of wireless communications facilities can have a negative impact on adjacent uses, particularly residential uses. C. The adoption of appropriate regulations and guidelines for the establishment of wireless communications facilities will serve to reduce the potential for negative impacts on the community. D. Failure to thoroughly study the effects of wireless communications facilities in light of the passage of the Act will result in a substantial number of wireless communications facilities being installed within the City without controls needed to protect the public health, safety and general welfare. E. The proliferation, concentration and lack of control over wireless communications facilities constitutes a current and immediate threat to the public health, safety and welfare of the City and its residents and the approval of use permits, grading permits, building permits and other development or use entitlements for the establishment of wireless communications facilities within the City would constitute a current and immediate threat to the public health, safety and welfare. Communications Facilities. The City shall not review, process or approve any applications for any use permits, grading permits, building permits or other development or use entitlements for the establishment of wireless communications facilities within the City for the period in which this Ordinance is in effect, or such shorter period as may be approved by ordinance adopted by the City Council. Section 3. Definition of "Wireless Communications Facilities". For the purposes of this Ordinance, the term "wireless communications facilities" means any land use that sends and/or receives radio frequency signals, including cellular, personal communication service and data radio communications, and antennae, structures or towers to support receiving and/or transmitting devices, accessory development, improvements and structures, microwave dishes, all related equipment and appurtenances, and the land(s) or structure(s) on which they are all situated. 561/099999-M 303{196.1 &12/04196 -2- Section 4. Planning Studies. The Planning Department, r^ utilizing appropriate staff and resources, is hereby directed to review the City's current regulations for wireless communications facilities, to review locations within the City for suitability to locate such uses, to conduct, or cause to be conducted, a study of changes or amendments to the City's general plan and/or zoning, to alleviate the potential health hazards, aesthetic effects, negative impacts and overconcentration of wireless communications facilities on the City, to establish permanent regulations, guidelines and standards, including, if appropriate, interim regulations, to minimize any detrimental effects from such uses. The City Attorney shall cooperate in undertaking this review and study by providing appropriate legal analysis of the regulatory provisions recommended. The Planning Department shall periodically report to the City Council on the status of this project as needed. Section 5. Urgency. The City Council hereby declares this Ordinance to be an urgency interim measure enacted pursuant to the provisions of California Government Code S 65858 which shall be effective immediately upon its adoption by a four-fifths (4/5) vote of the City Council, and shall remain in full force and effect for a period of forty-five (45) days from the effective date of the adoption hereof. However, the City Council, after notice pursuant to California Government Code S 65090 and a public hearing, may, by four-fifths (4/5) vote, extend the time this Ordinance will be in force and effect for an additional ten (10) months and fifteen (15) days and subsequently may extend this Ordinance for an additional one (1) year, provided that at the time of extension a report shall be issued concerning the planning activities completed during the moratorium. Section 6. Severability. It is the intention of the City Council that the sections, subsections, clauses, and phrases of this Ordinance are severable, and if any portion of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance, and the City Council would have enacted such remainder without the portion found to be invalid or unconstitutional. Section 7. Publication. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this urgency Ordinance, and shall cause the same to be posted and published as may be required by law. APPROVED AND ADOPTED THIS1h OAY * December , 1996. Mayor, City of f 551/099999-0091/3MI96.1 &1210V96 -3- Ao'�' ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF IRWINDALE ) I, TODD W. ARGOW, City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 508 was duly introduced, approved and adopted by the City Counc 1 of the City of Irwindale at a regular meeting of said Council held on the 11th day of Decepib2996, by the following roll call vote: AYES: COUNCIL MEMBERS: Julian A. Miranda, Jacquelyn Breceda, Patricio Miranda, Mayor Pro Tem Joseph Tapia and Mayor Raymond Chavez NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ✓V . V City Clerk City of Irwindale 561/09999sa69v30991%1 d2/04M -4-