HomeMy WebLinkAbout520ORDINANCE NO. 520
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE, CALIFORNIA, EXTENDING THE INTERIM DEVELOPMENT
MORATORIUM AND READOPTING INTERIM REGULATIONS FOR 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 § 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, the City Council adopted Ordinance No. 508 on
D-ecember 12, 1996_,_ -declaring _a_ forty-five (A5) day development
moratorium that prohibiting the review, process or approval of any
applications for any use permits, grading permits, building permits
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or other development or use entitlements for the establishment of
wireless communications facilities within the City; and
WHEREAS, the City Council adopted Ordinance No. 511 on January
23, 1997, extending the interim development moratorium for an
additional ten (10) months and fifteen (15) days to allow
additional time to develop a permanent ordinance regulating the
establishment of wireless communication facilities within the City;
and
WHEREAS, since the time of passage of Ordinance Nos. 508 and
511, the City has undertaken, through its Planning Department, an
initial planning and zoning study to determine the appropriate
zone(s) and development standards for the establishment of wireless
communications facilities within the City; and
WHEREAS, if not extended, Ordinance No. 508 shall be of no
further force and effect; and
WHEREAS, a report on such studies was prepared and presented
to the City Council, a copy of which is attached hereto as Exhibit
"A" (the "Report"); and
WHEREAS, despite diligent efforts, the studies required to
develop a permanent ordinance regulating the establishment of
wireless communications facilities within the City are not
complete, and further study is necessary, as indicated in the
Report; and
WHEREAS, the City Council has the authority to adopt an
urgency ordinance imposing interim regulations for the
establishment of wireless communications facilities pursuant to
California Government Code § 65858 to protect the public safety,
health, and welfare while the permanent ordinance is being
developed; and
WHEREAS, there is a current and immediate threat to the public
welfare, health, and safety due to the proliferation, concentration
and lack of operational control over all wireless communications
facilities; and
WHEREAS, the provisions of California Government Code § 65858
permit an extension of Ordinance No. 508 for an additional twelve
(12)—months. -_
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NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. 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. 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.
D. The City has undertaken measures, including development
of interim regulations and guidelines, as identified in the Report,
designed to alleviate the conditions which led to the adoption of
Ordinance No. 508.
E. Pending the development of a permanent ordinance, the
adoption of appropriate interim regulations and guidelines for the
establishment of wireless communications facilities will serve to
reduce the potential for negative impacts on the community.
F. 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 without the adoption of interim regulations would
constitute a current and immediate threat to the public health,
safety and welfare.
G. Additional time is required to allow sufficient time to
— comp--le-te----the studies -----called---for----u--nder—the ordinance, and-- to
continue protecting the residents of and property located within
the City from the threat to health, safety, and welfare herein
identified.
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H. The provisions of this Ordinance have been reviewed,
analyzed, and considered by the City Council in accordance with the
provisions of California Environmental Act, as amended, and the
Guidelines promulgated thereunder. The City Council has determined
that it can be seen with certainty that there is no possibility
that the provisions of this Ordinance may have a significant effect
on the environment and that said provisions are therefore exempt
from the requirements of the California Environmental Quality Act
pursuant to the provisions of 5 15061(b)(3) of Division 6 of Title
14 of the California Code of Regulations.
Section 2. Applications for Permits for Wireless
Communications Facilities. The City shall not accept for filing,
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 unless such applications are consistent
with the interim regulations and guidelines set forth in Section 7
of this Ordinance 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 definition of
the term "wireless communications facilities" is set forth in
Section 7 of this Ordinance.
Section 4. Planning Studies. Among other things, the
Planning Department has 1) compiled base map materials identifying
the existing and approved locations of wireless communications
facilities, 2) initiated an analysis to determine what
characteristics, if any, should be applied to define the sites and
zones upon which wireless communications facilities may be
permitted, and 3) initiated a review of appropriate development
standards and criteria for wireless communications facilities. The
Planning Department is hereby directed, utilizing appropriate staff
and resources, to continue necessary studies 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, guidel-nes and -standards
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
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recommended. The Planning Department shall periodically report to
the City Council on the status of this project as needed.
Section 5. Urgencv. Based upon the findings in Section 1,
the City Council hereby declares this Ordinance to be an urgency
interim measure enacted pursuant to the provisions of 5 65858 of
the California Government Code.
Section 6. Duration. This Ordinance shall be effective
immediately upon adoption by a four -fifth (4/5) vote of the City
Council and shall remain in effect for a period of twelve (12)
months from the date hereof, or such shorter period as may be
approved by ordinance adopted by the City Council.
Section 7. Interim Regulations and Guidelines for wireless
Communications Facilities. The following provisions hereby are
adopted as interim regulations and guidelines for wireless
communications facilities:
INTERIM WIRELESS COMMUNICATIONS FACILITIES
REGULATIONS AND GUIDELINES
A. Purpose. The purpose of these interim regulations
and guidelines is to regulate the establishment of wireless
communications facilities until such time as the City of Irwindale
adopts a permanent ordinance designed to protect the public health,
safety, general welfare, and quality of life in Irwindale, while
preserving the rights of wireless communications providers. The
City Council has found and determined that these interim
regulations and guidelines public wireless communication facilities
are necessary to attain these goals. These regulations are
intended to supersede applicable provisions of the Irwindale zoning
Code pertaining to wireless communications facilities and to
establish flexible guidelines for the governance of wireless
communications facilities which recognize the unique land use
distribution, topography, and aesthetic characteristics of the City
of Irwindale. Wireless communications facilities are prohibited in
the City of Irwindale except as otherwise provided herein.
B. Definitions. Unless otherwise stated, the following
definitions pertain to this interim zoning code:
"Antenna" means a device used in wireless communications which
radiates --and-/or -receives --commercial— cellular personal
communication service, and/or data radio signals. "Antenna" shall
not include any satellite dish antenna or any antenna utilized for
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amateur radio, citizens band radio, television, AM/FM or shortwave
radio reception purposes.
"Building -Mounted" means mounted to the side or facade of a
building, or to the side of another structure such as a water tank,
church steeple, freestanding sign, or similar structure, but not
including the roof of any structure.
"CPUC" means the California Public Utilities Commission.
"Cellular" means an analog or digital wireless communication
technology that is based on a system of interconnected neighboring
cell sites.
"Certificate of Public Convenience and Necessity" means a
certificate issued by the California Public Utilities Commission.
"Co -location" means the locating of wireless communications
equipment from more than one provider on a single building -mounted,
roof -mounted or ground -mounted wireless communication facility.
"Ground -Mounted" means mounted to a pole, monopole, tower or
other freestanding structure specifically constructed for the
purpose of supporting an antenna.
"Monopole" means a structure composed of a single spire, pole,
or tower used to support antennas or related equipment.
"Mounted" means attached or supported.
"Personal Communication Service" means digital low-power,
high -frequency commercial wireless radio communication technology
that has the capacity for multiple communications services and the
routing of calls to individuals, regardless of location.
"Roof -Mounted" means mounted above the eave line of a building
or structure.
"Stealth Facility" means any communication facility which is
designed to blend into the surrounding environment, typically one
that is architecturally integrated into a building or other
concealing structure, and shall include and mean any concealed
antenna.
"Wireless Communication Facility" means any land use
consisting of a commercial antenna, monopole, microwave dish and/or
other related equipment necessary to the transmission and/or
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reception of cellular, personal communication service and/or data
radio communications. "Wireless Communication Facility" also means
a wireless communication facility that has been granted a
Certificate of Public Convenience and Necessity or a Wireless
Registration Number by the CPUC, or otherwise provides wireless
communication services to the public.
C. Applicability.
1. All wireless communications facilities for
which applications have been approved by the City and/or building
permits have been issued on or prior to the adoption of Ordinance
No. 511 shall be exempt from the interim regulations and guidelines
contained herein, unless Section C.2. applies.
2. All wireless communication facilities for which
building permits have expired and have not been renewed on or prior
to the adoption date of Ordinance No. 511, shall be required to
comply with the interim regulations and guidelines contained
herein.
3. All wireless communication facilities for which
applications were received by the Planning Department following the
effective date of Ordinance No. 511 shall be required to comply
with the interim regulations and guidelines contained herein.
D. Development Criteria for all Wireless Communications
Facilities.
1. Screening and Site Selection Guidelines.
a. Stealth facilities and concealed antennas
are preferred.
b. Wireless communications facilities shall
be located where the existing topography, vegetation, buildings, or
other structures provide the greatest amount of screening. Where
insufficient existing screening exists, applicants for a major
wireless communication facility approval shall be required to
provide screening satisfactory to the Planning Director, or as
otherwise required herein.
C. Ground -mounted wireless communications
- -facilities shall- be---located-only-in close proximity --to existing - - ---
above ground utilities, such as electrical tower or utility poles
which are not scheduled for removal or undergrounding for at least
eighteen (18) months after the date of application, light poles,
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trees of comparable heights, and in areas where they will not
detract from the appearance of the City
d. Wireless communication facilities shall be
located pursuant to the following order of preference:
(1) Co -located with other major wireless
communications facilities,
(2) On existing structures such as
buildings, communication towers, and utility facilities.
(3) In industrial zones.
(4) In commercial zones.
e. Major wireless communications facilities
are not permitted to locate within 1000 feet of any residential
structure, within any residential zone, or within 1000 feet of any
existing, legally established major wireless communication facility
except when co -located on the same building, structure or wireless
facility. For the purpose of this Section, all distances shall be
measured in a straight line without regard to intervening
structures, from the nearest point of the proposed major wireless
communication facility to the nearest property line of any
residential land use, or to the nearest point of another major
wireless communication facility.
2. Development Requirements.
a. As part of the application process,
applicants for wireless communications facilities shall be required
to provide written documentation demonstrating good faith effort in
locating facilities in accordance with the Site Selection
Guidelines (order of preference).
b. Wireless communication facilities shall
not bear any signs or advertising devices other than certification,
warning, or other required seals or legally required signage.
C. All accessory equipment associated with
the operation of the wireless communication facility shall be
located within a building, enclosure, or underground vault that
complies with the development standards of the zone in which the
accessory equipment is located, subject to City approval. If the
equipment is permitted to be located above ground, it shall be
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visually compatible with the surrounding buildings and include
sufficient landscaping to screen the structure from view.
d. Wireless communications facilities shall
have subdued colors and non -reflective materials which blend with
surrounding materials and colors.
e. All screening for building -mounted
facilities shall be compatible with the existing architecture,
color, texture and/or materials of the building.
E. A_oproval of Wireless Communication Facilities.
wireless communications facilities shall be subject to approval by
the Planning Commission. In considering applications for wireless
communications facilities, the Planning Commission shall be guided
by the provisions of the Irwindale Zoning Code and this Ordinance.
However, in the event of any inconsistencies in said standards, the
provisions of this Ordinance shall govern. The decision of the
Planning Commission shall be final unless appealed in writing
within ten (10) business days whereupon a hearing on the appeal
shall be scheduled and conducted as provided in Sections 17.80.110
and 17.80.120 of the Zoning Code.
F. Height Criteria for Major Wireless Communications
Facilities. No wireless communications facility shall exceed the
maximum building height for the applicable zone unless the facility
is utilized by two or more wireless communications providers. The
Planning Commission may consider approval of facilities proposed to
exceed the maximum height limit subject to the review and approval
of a conditional use permit application pursuant to Chapter 17.80
of the Irwindale Zoning Code.
G. Conditional Use Permit Required. Each major
wireless communication facility for which an application is made
during the term of this Ordinance must first receive final approval
of a conditional use permit in accordance with Chapter 17.80 of the
Irwindale Zoning Code. As a condition of issuance of a conditional
use permit for a facility utilizing the public right-of-way, an
applicant may be required to enter into a franchise agreement with
the City.
H. Variance. Any person may apply for a variance as to
the requirements set forth herein pursuant to Chapter 17.80 of the
Irwindale Zoning Code. - -- -- -
I. Review. Each wireless communication facility
approved during the term of this Ordinance shall be reviewed by the
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original approval authority at the end of three (3) years from the
date of permit approval. Because of the interim nature of this
Ordinance, the City of Irwindale considers any approval granted
subject to the Ordinance to be an entitlement of limited duration.
Subject to appeal to the City Council, upon review, all approvals
granted pursuant to this Ordinance shall comply with all applicable
City Ordinances then in effect, as well as any additional
conditions imposed by the Planning Director or Planning Commission,
as deemed necessary to protect the public health, safety and
general welfare. Upon the review herein provided, any approval
granted pursuant to this Ordinance may, after notice and hearing,
be terminated for violation of any provisions of this Ordinance or
any other applicable laws, or for fraud or misrepresentation in the
application process.
J. Abandonment.
1. A wireless communication facility is considered
abandoned and shall be promptly removed as provided herein if it
ceases to provide wireless communication services for thirty (30)
or more days. Such removal shall be in accordance with proper
health and safety requirements and all ordinances, rules and
regulations of the City.
2. A written notice of the determination of
abandonment shall be sent by first class mail, or personally
delivered, to the operator of the wireless communication facility
at said operator's business address on file with the City. The
operator shall remove all facilities within thirty (30) days of the
date of such notice unless, within ten (10) business days of the
date of said notice, the operator appeals such determination, in
writing, to the Planning Commission. The Planning Director shall
schedule a hearing on the matter to be conducted before the
Planning Commission at which time the operator may present any
relevant evidence on the issue of abandonment. The Planning
Commission may affirm, reverse or modify with or without conditions
the original determination of abandonment and shall make written
findings in support of its decision. The decision of the Planning
Commission shall be final.
3. Any wireless communications facility determined
to be abandoned and not removed within the thirty (30) day period
from the date of notice, or where an appeal has been timely filed,
within such time "as -prescribed by the Planning Commission following
its final determination of abandonment, shall be in violation of
this Ordinance, and the operator of such facility shall be subject
to the penalties prescribed herein. Facilities not removed within
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the thirty (30) day period, or other time prescribed by the
Planning Commission, may be removed by the City at the operator's
expense. Facilities removed by the City shall be stored for no
less than fifteen (15) days and may thereafter be disposed of by
public auction, if deemed to be of value by the City, or otherwise
as permitted by law. Facilities determined to be abandoned and not
removed within the time limits prescribed herein hereby are deemed
to be a nuisance and, alternative to the procedure described above,
may be abated as a nuisance in any manner provided by law.
K. Violations/Penalties. Violations of this Ordinance
shall constitute a misdemeanor punishable by fine or imprisonment
or both. Each day the violation continues is punishable as a
separate offense.
Section 7. Effect of this Ordinance. Except as provided
herein, the provisions of this Ordinance shall preempt and
supersede any and all inconsistent provisions contained in the
Irwindale Municipal Code and Zoning Code, including but not limited
to the provisions of Sections 17.68.140 and 17.80.030U.
Section 8. 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 9. 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 THIS 11th DAY OF DECEMBER, 1997.
(('Patricio S. Mirandar, Mayor
ATTEST:
J
Camille Diaz, Deputy 'ity Clerk
Ordinance No. 520
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF IRWINDALE )
I, CAMILLE DIAZ, Deputy City Clerk of the City of Irwindale,
California, do hereby certify that the foregoing Ordinance No. 520
was duly introduced, approved and adopted by the City Council of
the City of Irwindale at a regular meeting of said Council held on
the 11th day of December, 1997, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Almazan, Castellanos, Chavez, Tapia,
Mayor Miranda
None
None
None
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