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10-19-2010 - Code Amendment No. 09-04Wireless Telecommunication - Wireless hearing att. 1 (2).docO R D I N A N C E N O. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO WIRELESS TELECOMMUNICATION FACILITIES (CODE AMENDMENT NO. 09-04) WHEREAS, Code Amendment No. 09-04 is a City-initiated code amendment regarding wireless telecommunication facilities; and WHEREAS, on the 13th day of October, 2009, the Planning Commission initiated a code amendment related to wireless telecommunication facilities; and WHEREAS, the Planning Commission, on the 23rd day of February, 2010 and the 13th day of April, 2010, conducted study sessions; and WHEREAS, the Planning Commission, upon giving required notice, did on the 14th day of September, 2010, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 09-5386 recommending to the City Council approval of Code Amendment No. 09-04; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 19th day of October, 2010; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: Chapter 26 of the West Covina Municipal Code (Zoning) shall be amended to update, clarify, and establish requirements for wireless telecommunication facilities, including development and design standards. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. NOW THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 09-04 is hereby found to be consistent with the West Covina General Plan and implementation thereof. SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit “A”. SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall be published as required by law. PASSED AND APPROVED on this 19th day of October, 2010. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. ______ was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of October, 2010. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of November, 2010. AYES: NOES: ABSENT: City Clerk APPROVED AS TO FORM: City Attorney