Ordinance - 1985•
ORDINANCE NO. 1985
AN ORDINANCE OF THE CITY COUNCIL -OF THE CITY OF
WEST COVINA, CALIFORNIA, EXTENDING ORDINANCE NO.
1983 PURSUANT TO SECTION 65858(a) OF THE CALIFORNIA
GOVERNMENT CODE.
WHEREAS, on December 17, 1996, the City Council of the City of West
Covina adopted Urgency Ordinance No. 1983 which established a moratorium
on new and modified wireless communication facilities within the City; and
WHEREAS, the Urgency Ordinance was adopted to protect the residents
of the community from the potential aesthetic and health impacts associated with
the influx of requests to establish wireless communication facilities; and
WHEREAS, pursuant to Section 65858 (a) of the California Government
Code, Urgency Ordinance No. 1983 was adopted as an interim measure for a
45-day period; and
WHEREAS, pursuant to Section 65858(a) of the California Government
Code, the City Council may extend the urgency ordinance for an additional ten
months and fifteen days or until December 12, 1997 with a four -fifths vote at a
duly noticed public hearing; and
WHEREAS, staff believes that the wireless communications facilities
ordinance can be reviewed and adopted before December 12, 1997 and
recommends that the City Council extend the moratorium only for an additional
94 days or until May 1, 1997; and
WHEREAS, without the extension of the Urgency Ordinance, the lack of a
moratorium will allow further applications for new or modified wireless
communication facilities which could result in negative impacts that might
otherwise be avoided or be more effectively mitigated; and
WHEREAS, staff requires additional time to research and study all
relevant information as it pertains to the development of a comprehensive
ordinance; and
WHEREAS, the City Council, upon giving the required notice, did on the
21 st day of January 1997, conduct a duly advertised public hearing as prescribed by
law to consider the proposed time extension of Urgency Ordinance No. 1983.
NOW, THEREFORE, the City Council of the City of West Covina,
California 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
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ORDINANCE NO. 1985
Extension of Interim Urgency Ordinance No. 1983
January 21, 1997 - Page 2
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 establishment
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 94 days from the date of its adoption pursuant to the provisions of
Government Code Section 65858.
SECTION 4: The Mayor shall sign and the City Clerk shall certify to the
adoption of this Ordinance by not less than a four -fifths vote and cause the same
to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 21 st day of January, 1997.
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 thereof
held on the 21 st day of January, 1997, by the following vote:
AYES: Herfert, Manners, McFadden, Wong, Touhey
NOES: None
ABSENT: None
City Clerk
APPROVED AS TO FORM:
P
City Altorney
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