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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 Ordinance No. 520 582/018193-0005/3122769.1 all/25/99 Page 1 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. -_ Ordinance No. 520 582/048193-0005/3122769.1 all/25/97 Page 2 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. Ordinance No. 520 562/048193-0005/3122769.1 .11/25/97 Page 3 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 Ordinance No. 520 582/046193-e005/3122769.1 all/25/97 Page 4 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 Ordinance No. 520 582/048193-0005/3122969.1 all/25/97 Page 5 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 Ordinance No. 520 582/048193-0005/3122769.1 all/25/97 Page 6 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, Ordinance No. 520 582/048193-0005/3122769.1 all/25/97 Page 7 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 Ordinance No. 520 582/048193-0005/3122969.1 .11/25/97 Page 8 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 Ordinance No. 520 582/048193-0005/3122769.1 a11/25/97 Page 9 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 Ordinance No. 520 582/048193-0005/3122769.1 all/25/97 Page 10 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. 520 582/048193-0005/3122769.1 a11/25/97 Page 11 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 Ordinance No. 520 582/048193-0005/3122969.1 ail/25/97 Page 12