HomeMy Public PortalAbout02-1256U ORDINANCE NO. 02-1256U
AN INTERIM ORDINANCE OF THE CITY OF CARSON, CALIFORNIA,
ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
65858 PROHIBITING THE ESTABLISHMENT OF NEW TRANSMITTER,
RECEIVER OR REPEATER STATIONS (RADIO, TELEVISION, MICROWAVE)
IN THE CITY'S INDUSTRIAL ZONES WITHOUT SITE PLAN AND DESIGN
REVIEW DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION
OF PERMANENT ZONING REGULATIONS FOR SUCH USES AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS
FOLLOWS:
SECTION 1. Moratorium established. The City of Carson hereby
establishes a moratorium on the establishment of new transmitter, receiver or
repeater stations (radio, television, microwave) in the ML Zone or the MH Zone
without site plan and design review.
SECTION 2. Moratorium defined. Notwithstanding any other ordinance or
provision of the Carson Municipal Code, no application for a building permit,
business permit or any other entitlement for the establishment of a transmitter,
receiver or repeater station (radio, television, microwave) in the ML Zone or the
MH Zone shall be approved during the term of the moratorium established in
Section 1 above unless such station is located in a Design Overlay District and
has received site plan and design review approval. Additionally, no person shall
commence such land use in the ML Zone or the MH Zone during the term of the
moratorium established in Section 1 above unless the station is located in a
Design Overlay District and has received site plan and design review approval.
SECTION 3. Moratorium term. This Ordinance shall expire, and the
moratorium established hereby shall terminate, forty-five (45) days after the date
of adoption unless extended by the City Council, at a regularly noticed public
hearing, pursuant to California Government Code Section 65858.
SECTION 4. CEQA Finding. The City Council hereby finds that it can be
seen with certainty that there is no possibility the adoption of this Ordinance, and
establishment of a moratorium hereby, may have a significant effect on the
environment. It is therefore exempt from California Environmental Quality Act
review pursuant to 14 California Code of Regulations Section 15061(b)(3).
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SECTION 5. Penaltv. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed one
thousand dollars ($1,000) or by imprisonment for a period 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.
697694.1
Ordinance No. 02-1256U
Page 2 of 3
In addition to the foregoing, any violation of this Ordinance shall constitute a
public nuisance and shall be subject to abatement as provided by all applicable
{ provisions of law.
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SECTION 6. Legislative Findings. The City Council finds that the City of
Carson has recently received many applications to establish new transmitter,
receiver or repeater stations (radio, television, microwave) in the City. Currently,
such stations are allowed in the City's commercial zones upon approval of a
Conditional Use Permit and are "automatically permitted in the industrial zones,
subject to the same requirements specified for such use in the commercial
zones." Based on the City's experience with existing stations as well as the
experiences of other jurisdictions having such structures, the City Council finds
that the proliferation and unregulated operation of these stations can result in
adverse impacts on adjacent properties and the surrounding community. The
City Council further finds that the proliferation and unregulated operation of these
stations in the ML Zone or the MH Zone can be detrimental to the successful
redevelopment of a blighted area. The City of Carson intends to study, within a
reasonable time, the adequacy of its existing ordinances regulating the location
and operation of transmitter, receiver and repeater stations (radio, television,
microwave). The City Council finds that there is a current and immediate threat
to the public health, safety and welfare presented by the establishment of new
transmitter, receiver and repeater stations (radio, television, microwave) in the
City's industrial zones. In the absence of immediate effectiveness, the approval
of additional subdivisions, use permits, variances, building permits, or any other
applicable entitlement for use that is required in order to comply with the City's
zoning ordinance would result in that threat to public health, safety, or welfare.
Due to the foregoing circumstances, it is necessary for the preservation of the
public health, safety and welfare that this Ordinance take effect immediately.
PASSED, APPROVED and ADOPTED this 16th day of July, 2002.
ATTEST:
ALI W
{ CITY CLERK MAYOR
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APPR VED AS TO FORM:
CITY ATTORNEY
697694.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council of said City is four; that the foregoing ordinance, being Ordinance
No. 02-1256U was duly and regularly adopted by the City Council of said City on an urgency basis at a
regular meeting of said Council, duly and regularly held on the 16th day of July, 2002, and that the same was
passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Mayor Sweeney, Frank, Calas, and Dear
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk, City of arson, alifornia
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