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Home My WebLink AboutORD 04 (1997)ORDINANCE NO. 04 (1997) AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING A MORATORIUM ON LAND USE ENTITLEMENTS FOR WIRELESS COMMUNICATION FACILITIES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findincrs. A. Wireless telecommunications is a rapidly growing and developing technology that has led to a significant demand for wireless communication towers, antennas, related equipment and facilities within the City of Diamond Bar. There are presently seventeen wireless telecommunication facilities constructed or approved within the City of Diamond Bar, including both monopole facilities and roof -mounted facilities; B. The City presently requires development review approval for every proposed wireless telecommunication facility. In addition conditional use permit approval is required for all wireless communication facility applications proposed within Agricultural, Residential, and certain Commercial and Industrial zones. Wireless telecommunication facilities and towers are permitted by right within the Restricted Heavy Manufacturing zone. The City does not have any detailed standards to properly regulate and control the location, placement, and design of such facilities; C. 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; D. 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 type 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; E. One of the stated goals of the Diamond Bar General Plan is to assure an appropriate balance of land uses with respect to the location, intensity and quality of development; the adoption of this ordinance will serve to advance the achievement of this goal as well as other goals of the General Plan; L:\VOL1\MJ\DBMORAT.afs F. 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; G. 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; H. 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; I. 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 effect only until such time as other permanent zoning measures may be studied, considered,and adopted. Section 2. Moratorium declared. Except as otherwise provided in Section 4 hereof, the City of Diamond Bar hereby declares a moratorium on the issuance of building permits, grading permits, conditional use permits, variances, zone changes, and any other development permits and entitlements for the use, development or modification of wireless communication facilities within the City. Section 3. Moratorium defined. Except as otherwise provided in Section 4 hereof, notwithstanding any other ordinance or Code of the City of Diamond Bar, no application for a building permit, grading permit, demolition permit, conditional use permit, variance, zone change, development permit or other permit or entitlement for establishment, development, use or modification of wireless communication facilities shall be accepted, processed or issued; no environmental assessment, environmental impact report, negative declaration or categorical exemption shall be prepared in connection with any such application, permit or entitlement; and no building, structure, or facility shall be constructed, reconstructed, established, erected or placed during the term of the moratorium declared in -2- L:\VOL1\MJ\DBMORAT.afs Section 2 hereof. For purposes of this Ordinance, a "wireless communication facility" is defined as a structure that supports commercial antennae, microwave dishes and/or other related equipment that sends and/or receives radio frequency signals, whether mounted on the ground or on any portion of a structure or building. Section 4. Exemptions. The moratorium or limitation provided for in Sections 2 and 3 hereof shall not be applicable to any of the following: (a) Repairs or maintenance of existing structures or facilities within the original footprint of the existing facilities and which do not increase the facility size or height; (b) Establishment or construction of facilities for which final approval was received by the Planning Commission or the Community Development Director and effective prior to the effective date of this Ordinance; (c) Minor modifications to an existing structure or facility required by law to be constructed in order for the structure or facility to comply with applicable fire, building or other safety requirements; (d) Structures and facilities proposed to be erected in public rights-of-way or city -owned property. Nothing contained in this section shall exempt or except any exempt construction or use from any requirement or regulation of the Building Code, Zoning Ordinance, or other ordinance of the City of Diamond Bar. In the event that work is permitted to proceed under the terms of this Ordinance, all required permits shall be posted on site. Section 5. Severability. If any part or provision of this Ordinance, or the application to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be effected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 6. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this -3- L:\V0L1\MJ\DBMORAT.afs Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. Section 7. Statement of Purpose and Urgency Findings. As set forth in the findings contained in Section 1 above, the City of Diamond Bar intends to conduct studies forthwith as to appropriate standards and regulations governing wireless communication facilities, and, if appropriate, to prepare and adopt amendments to the zoning ordinance regarding same. Pending such studies, and the preparation and adoption of the amended zoning regulations, it is necessary for the immediate preservation of the public peace, health, safety and welfare that no new or expanded wireless communication facilities be constructed or developed and that this ordinance take effect immediately. If this ordinance does not take effect immediately, wireless communication facilities will be undertaken which may be in conflict with the zoning regulations which are to be studied and adopted as above mentioned, incompatible with proposed uses of adjacent property, and detrimental to the proper planning of the community. Due to the foregoing circumstances, there is a current and immediate threat to the public health, safety, and welfare. The approval of additional land use permits, variances, building, grading or demolition permits, or any other applicable entitlement for construction or modification of wireless communication facilities would result in a threat to the public health, safety, and welfare. Therefore, it is necessary for the preservation of the public peace, health, safety and welfare that this ordinance take effect immediately. This ordinance is an interim ordinance and shall expire forty-five (45) days after the adoption thereof unless extended pursuant to the provisions of Section 65858 of the Government Code. This is an interim measure, adopted pursuant to the authorization of State law iri order to maintain the status quo pending the completion of the studies and adoption of amended zoning regulations, or sooner. It is not a final disposition as to development of any particular parcel of property within the City. PASSED, APPROVED AND ADOPTED this 15t�of July 1997. MAY ATTEST: CITY CLERK -4- L:\V0L1\MJ\D8MORAT.af$ I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of July, 1997 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of July, 1997, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Harmony ABSTAINED: COUNCIL MEMBERS: None 3n� ' Lynda Burgess, city Clerk City of Diamond Bar