HomeMy WebLinkAboutORD 273 2001 0829ORDINANCE NO. 273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, EXTENDING ORDINANCE
NO. 272, ENACTING A MORATORIUM ON THE
ISSUANCE OF PERMITS FOR CONSTRUCTION OR
PLACEMENT OF WIRELESS TELECOMMUNICATIONS
FACILITIES IN THE CITY, AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council hereby finds,
determines and declares that:
A. On July 18, 2001, the Moorpark City Council adopted as
an urgency measure Ordinance No. 272 enacting a
moratorium on the issuance of permits for construction
or placement of wireless telecommunications facilities
in the City, pending the study of the City's existing
regulations and possible revision of same to ensure
that the public health, safety, and welfare are not
negatively impacted.
B. City staff has submitted the report required by
Government Code Section 65858(d) to be submitted
before any extension of a previously adopted interim
zoning ordinance.
C. City's staff report indicates that further study
concerning the City's existing regulations needs to be
conducted or completed before any final
recommendations can be submitted to the Council and
certain of the circumstances that led to the adoption
of Ordinance No. 272 remain unresolved. Therefore, it
is appropriate to extend Ordinance No. 272 for the
period of one hundred thirty -five (135) days to allow
sufficient time for the city staff to complete their
study and to propose any recommended regulations or
amendments.
D. The City Council finds that this Ordinance is
necessary for the protection of the health, safety and
welfare of the citizens of Moorpark, as well as, the
preservation of the quality of the city's
neighborhoods and commercial districts.
Ordinance No. 273
Page 2
E. The City Council finds, determines, and declares that
a current and immediate threat to the public health,
safety, or welfare exists, and the approval of
additional permits or any other applicable land use
entitlements, which are required for the construction
or placement of new wireless telecommunications
facilities within the City, would result in a threat
to public health, safety, or welfare. The facts
constituting such an urgency are set forth in Sections
A -E, inclusive of this Ordinance.
SECTION 2. Interim Regulations. Pursuant to the authority
of Section 65858 of the Government Code of the State of
California, and the inherent police powers of the City of
Moorpark, Ordinance No. 272 is hereby extended for a period of
one hundred thirty -five (135) days from its previous expiration
date, now extending its expiration date through January 14,
2002.
SECTION 3. Severability. If any section, sentence, clause
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and adopted
this Ordinance and each section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
SECTION 4. Notice of Adoption. The City Clerk of the City
of Moorpark is hereby directed to publish this Ordinance, or the
title hereof as a summary, pursuant to state statute.
SECTION 5. Vote Required. In accordance with Government
Code Section 65858, as an urgency moratorium ordinance, this
Ordinance requires a four - fifths (4/5) vote of the entire City
Council.
SECTION 6. Urgency Measure - Effective Date. This Ordinance
shall be introduced, passed, and adopted at one and the same
meeting as an urgency measure. As an urgency moratorium, this
Ordinance shall become effective immediately and shall continue
in full force and effect, unless amended or repealed, for a
period of one hundred thirty -five (135) days. The reasons for
Ordinance No. 273
Page 3
this urgency are declared and set forth in Section 1 of this
Ordinance and are incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 29th day of August, 2001.
ATTEST:
Deborah S. Traffenste t, City Clerk
Ordinance No. 273
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Ordinance No. 273 was adopted by the City Council of
the City of Moorpark at a meeting held on the 29th day of August,
2001, and that the same was adopted by the following vote:
AYES: Councilmembers Harper, Mikos, Millhouse, Wozniak,
and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 6th day
of September, 2001.
Deborah S. Traffenstedt, City Clerk
(seal)