01-21-1997 - Time Extension - Urgency Ordinance #1983 (Wireless Communication Facilities Moratorium)City of West Covina
Memorandum
To City Council
City Manager AGENDA
FROM
Planning Department ITEM NO. A-1
SUBJECT. TIME EXTENSION - URGENCY ORDINANCE DATE 1-21-97
NO. 19�83 (WIRELESS COMMUNICATION
FACILITIES MORATORIUM)
Summary: The p Ioposed ordinance would extend Interim Urgency Ordinance No..
1983 from January 28, 1997 to May`,1',- 1997. This interim ordinance
established a moratorium on new and modified wireless. communication
facilities within the City.
BACKGROUND
On December 17, 1996, the City Council adopted Interim Urgency Ordinance No. 1983
which established a moratorium on new and modified wireless communication facilities
within the City. Under the moratorium, cellular and Personal Communication Services
(PCs) monopoles, rooftop -mounted antenna facilities, and other forms of wireless
communication facilities cannot be constructed until a comprehensive ordinance
regulating these uses is adopted by the City Council.
Pursuant to Section 65858(a) of the State Government Code, this interim ordinance is
effective for an initial period of 45 days and can be extended for 10 months and 15 days,
with a four -fifths vote of the City Council at a properly noticed public hearing. This 45-day
period will terminate on January 28, 1997. Therefore, the time extension is being
presented to the City iCouncil for consideration.
Pursuant to the California Environmental Quality Act (CEQA) of 1970, as amended, the
proposed time extension is considered categorically exempt since it represents an action
by a regulatory agency for the protection of the environment.
DISCUSSION
Urgency Ordinance No. 1983 was adopted in response to the influx of conditional use
permit. requests for wireless communication facilities that the City has received over the
past year. This influx is a result of technological advances within the industry, the
popularity of cellular phones and pagers, and the increase in the number of wireless
communication providers due to the Federal Communications Commission's (FCC)
auction of additional radio frequency spectrum. Both the Planning Commission and
Council believe that a comprehensive ordinance is needed to effectively regulate these
uses and to mitigate potential aesthetic, health, and safety impacts.
On January 14, 1997,�the Planning Commission discussed the relevant issues
pertaining to the development of the ordinance in a study session. The Commission
discussed topics such as wireless technology, aesthetic and health impacts, co -
location, discretionary permit process, and development standards. A representative of
a wireless communication provider, a site acquisition consultant, and a site acquisition
broker were invited to this meeting to offer their input. The Commission commented
on how they would like to see staff approach the development of the ordinance and
approved Resolution No. 01-97-4398 initiating Code Amendment No. 275 and directed
staff to prepare a draft ordinance.
Staff believes that the input of the wireless communication providers is important in
creating an effective ordinance and will be meeting with them to discuss its provisions,
prior to
the public hearing. Staff will present the draft ordinance to the Commission on
February 11, 1997.
Under Section 65858(a) of the State Government Code, Interim Urgency Ordinance No.
1983 may be extended for 10 months and 15 days, or until December 12, 1997.
EXTRPT. DOC\C:
Wireless Communication Facilities -
Urgency Ordinance No. 1983
Time Extension
January 21, 1997 - Pa
4e 2
1997. Expediting the ordinance will benefit the wireless communication providers who
have had projects delayed because of the moratorium.
RECOMMENDATION
Staff recommends that the City Council extend the Urgency Ordinance entitled:
AN ORDINANCE OFT E9C1 COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, EXTENDING
ORDINANCE NO. 1983 PURSUANT TO SECTION
65858(a) OF THE CALIFORNIA GOVERNMENT CODE.
Katherine 416aino
Planning Assistant
REVIEWED AND APPROVED:
11" W
ffr y W. Collier
ing Director
(Space below for use of County Clerk only)
•
SAN GABRIEL
TRIBUNE
1210 N. Azusa Canyon Road
West Covina. CA 91790
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles
I am a citizen of the United States, and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above-entited matter. II am the principal clerk of,
the printer of SAN GABRIEL VALLEY TRIBUNE, a
newspaper of general circulation printed and
published daily in the City of West Covina, County
of Los Angeles, and which newspaper has been
adjudged a newspaper of general circulation by the
Superior Court of the County of Los Angeles, State
of California, on the date of September 10, 1957,
Case Number 684891. Thee notice, of which the
annexed is a true printed copy, has been published
in each regular and entired issue of said newspaper
and not in any supplement thereof on the following
dates, to wit:
1/10/97
I declare under penalty of perjury that the
foregoing is true and correct.
Executed at West Covina, LA Co. California
this 10 day of JANIIARY , 19 97
sign
RECEIVED
JAN 14 1997
CITY CLERK'S OFFICE
CITY OF WEST COVINA
Proof of Publication of
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