Ordinance - 1983e
URGENCY ORDINANCE NO. 1gR3
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA
ESTABLISHING A MORATORIUM ON NEW AND
MODIFIED WIRELESS COMMUNICATION FACILITIES.
WHEREAS, there are presently fourteen wireless communication facilities
constructed or approved within the City of West Covina, including both monopole
facilities and roof -mounted facilities; and
WHEREAS, the City presently requires the approval of a conditional use
permit for wireless communication facilities, but the City does not have any
detailed standards for the location, placement, and design of such facilities; and
WHEREAS, due to evolving technology and changes in federal
regulations in the wireless communications industry, the demand for new and
modified wireless communication facilities will continue to occur and proliferate
within the near future; and
WHEREAS, evolving technology and transmitting needs have resulted in
continuing changes and adaptations in the design and appearance of wireless
communication facilities, and these circumstances have created a need to study
the types of wireless communication facilities that are anticipated to be proposed
and their impacts on the community, and to further determine how these facilities
may best be regulated and controlled to protect the public health, safety, and
welfare within the limits of current State and Federal laws and regulations; and
WHEREAS, one of the stated goals of the West Covina General Plan is to
"provide and maintain an aesthetically pleasant environment for those who live,
work, play and visit in West Covina," and the adoption of this ordinance will serve
to advance the achievement of this goal; and
WHEREAS, based on the statements cited above, the City Council
believes that the current zoning regulations do not provide sufficient standards to
properly regulate and control wireless communication facilities; and that a need
therefore exists to develop a new comprehensive ordinance to ensure that
wireless communication facilities are properly located, designed, and screened,
and that proper conditions are placed on the construction and operation of such
facilities; and
WHEREAS, consideration of further applications for new or modified
wireless communication facilities prior to the adoption of such an ordinance could
result in negative impacts that might otherwise be avoided or be more effectively
mitigated, and therefore consideration of further applications should be
discontinued until such time as a new ordinance is adopted; and
WHEREAS, further based on the statements cited above, the City Council
finds that the current absence of controls on the design and construction of
wireless communication facilities poses an immediate threat to the public health,
safety, and welfare, and that the establishment of new and modified wireless
communication facilities would result in that threat to the public health, safety,
and welfare; and
WHEREAS, it is the intent of the City Council to establish a moratorium on
new and modified wireless communication facilities by means of adopting this
ordinance as an interim urgency ordinance pursuant to the provisions of
Government Code Section 65858. It is intended that this moratorium remain in
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Ordinance No. 1983
Wireless Communication Facilities
December 17. 1996 - Page 2
effect until such time as other permanent zoning measures may be studied,
considered, and adopted; and
NOW, THEREFORE, the City Council of the City of West Covina hereby
ordains as follows:
SECTION 1: Moratorium Established. Notwithstanding any provisions of
the West Covina Municipal Code to the contrary, during the term of this
ordinance, no conditional use permit shall be granted by the Planning
Commission for the purposes of establishing a new wireless communication
facility or modifying an existing wireless communication facility within the City of
West Covina.
SECTION 2: Severability. Should any section, subsection, clause, or
provision of this urgency ordinance for any reason be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity
or constitutionality of the remaining portions of this urgency ordinance; it being
hereby expressly declared that this urgency ordinance, and each section,
subsection, sentence, clause, and phrase hereof would have, been prepared,
proposed, approved, and ratified irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
SECTION 3: Effective Immediately. This ordinance is for the immediate
protection of public health, safety, and welfare by preventing the establisment of
new or modified wireless communication facilities that may create adverse
aesthetic or safety impacts until such time as other reasonable zoning controls
may be established and, as such, shall be effective immediately and shall be
effective for 45 days from the date of its adoption pursuant to the provisions of
Government Code Section 65858.
PASSED, APPROVED, AND ADOPTED this 17th day of December , 1996.
ATTEST:
City Clerk
I hereby certify that the foregoing Ordinance was duly adopted by the City
Council of the City of West Covina, California, at a regular meeting held on the
17th day of December , 1996, by the following vote:
AYES: Herfert, Manners, McFadden, Wong
NOES: None
ABSENT: None
ABSTAIN: Touhey
APPROVED AS TO FORM:
City Clerk
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