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HomeMy WebLinkAboutORD 275 2001 1220ORDINANCE NO. 275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, EXTENDING ORDINANCE NO. 272, AND AMENDING ORDINANCE NO. 273, 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. On August 29, 2001, the Moorpark City Council adopted as an urgency measure Ordinance No. 273, extending Ordinance No. 272 for a period of 135 days through January 14, 2002. C. 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. D. The City's staff report, indicates that further study received on the City's draf Wireless Communications Fac conducted or completed befor, zoning regulations, and the ci the adoption of Ordinance No. Therefore, it is appropriate 272 and amend Ordinance No. moratorium in effect from the as referenced above, - oncerning the comments ordinance regulating lities needs to be adoption of the new rcumstances that led to 272 remain unresolved. ..o extend Ordinance No. 273 to continue the termination date set by Ordinance No. 273 of January 14, 2002, for an Ordinance No. 275 Page 2 additional ninety -four (94) days to end on April 18, 2002, unless further extended. E. 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 life in the City. F. 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 Paragraphs A -F of this section, 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 further extended for a period of ninety -four (94) days from its previous expiration date of January 14, 2002 as approved by Ordinance No. 273, now extending its expiration date and the moratorium through April 18, 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. Ordinance No. 275 Page 3 SECTION 5. Vote Required. In accordance with Government Code Section 65858, as an urgency moratorium ordinance, this Ordinance requires a four - fifths (4/5's) 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, through April 18, 2002. The reasons for this urgency are declared and set forth in Section 1 of this Ordinance and are incorporated herein by reference. PASSED AND ADOPTED this 20th ATTEST: Deborah S. Traffenstedt, City Clerk Ordinance No. 275 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. 275 was adopted by the City Council of the City of Moorpark at an adjourned meeting held on the 20th day of December, 2001, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Wozniak, and Mayor Hunter NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 7th day of January, 2002. Deborah S. Traffensted , City Clerk (seal)