HomeMy Public PortalAboutOrd. 1614ORDINANCE NO. 1614
AN INTERIM ORDINANCE OF THE CITY OF LYNWOOD ENACTED PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858 ESTABLISHING A
TEMPORARY MORATORIUM ON THE APPROVAL OF APPLICATIONS AND
PERMITS TO CONSTRUCT, MODIFY, OR PLACE WIRELESS COMMUNICATION
FACILITIES DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION
OF PERMANENT REGULATIONS FOR SUCH USES AND DECLARING THE
URGENCY THEREOF
WHEREAS, the City of Lynwood ( "City ") has received increased inquiries and
applications from telecommunications service providers regarding locating wireless
communication facilities in the City; and
WHEREAS, changes in wireless communication technology and the increased
provision of wireless communication services will produce even greater increase in
applications for wireless communication facilities in the future; and
WHEREAS, the Lynwood Zoning Ordinance contains Chapter 25 -80 relating to
the construction, modification, and placement of antennas and cellular devices, which
was enacted April 4, 2006 and has not been amended; and
WHEREAS, City staff is in the process of studying proposed amendments to the
Lynwood Municipal Code pertaining to regulations on antennas and wireless
communication facilities; and
WHEREAS, the City Council determines, on an urgency basis, that a temporary
moratorium on the approval of applications to construct, modify, or place wireless
communication facilities within the City is necessary in order to protect the public health,
safety and welfare and to consider and adopt amended regulations regarding antennas
and wireless communication facilities that are consistent with recent developments in
federal and state laws pertaining to telecommunication and wireless communication
facilities ; and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly
authorize the City Council to adopt an urgency ordinance for the immediate preservation
of the public peace, health or safety and to prohibit a use that is in conflict with a
contemplated general plan, specific plan, regulation or zoning proposal that the
legislative body, planning commission or the planning department is considering or
studying or intends to study within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Findings
The City Council finds that:
A. The City adopted its current Zoning Ordinance regulating antennas and
wireless communication facilities (Lynwood Municipal Code ( "LMC ") § 25 -80) on or
about April 4, 2006. The purpose of that ordinance is to ensure that such uses of
antennas are operated in a manner that does not adversely impact surrounding uses
and to provide additional development standards and conditions for certain uses to
ensure their compatibility with surrounding uses. The regulations are designed to
further protect and promote public health, safety, and welfare and the aesthetic quality
of life of the community.
B. Due to significant developments in laws governing local governmental
control over construction, modification and placement of wireless communication
facilities, including recent federal and state court decisions interpreting the
Telecommunications Act of 1996 and California Public Utilities Code Section 7901 et
seq. and the California Legislature's adoption of Senate Bill 1627 in 2007, adding
Sections 65850.6 and 65964 to the Government Code pertaining to collocation of
wireless communication devices, LMC Chapter 25 -80 has become outdated and
inadequate in the following ways, inter alia: (1) the regulations do not adequately
address collocation, (2) the regulations do not adequately address location standards
and design, (3) the regulations do not articulate proper conditions and standards in the
granting of permits for wireless communication devices.
C. The community within and surrounding the City desires to have improved
wireless communication services but is also concerned about the safety, noise, visual,
lighting and other adverse impacts related to the installation, maintenance and
operation of such wireless communication facilities.
D. Wireless telecommunications devices and technology have recently
improved and the current lack of proper regulations has resulted in uneven coverage in
certain areas of the City. The lack of coverage in certain areas where there is most
need and over - coverage in other areas of the City will continue to be a public health and
safety hazard if citizens within the community do not have access or coverage of
wireless services in emergency or life- threatening situations.
E. City staff is currently reviewing recent developments in federal and state
case law interpreting the Telecommunications Act of 1996 and Public Utilities Code
Section 7901 et seq., and Senate Bill 1627 in order to adopt amendments to Chapter
25 -80 of the Zoning Ordinance.
F. Until such time the City concludes its review and adopts amendments to
Chapter 25 -80 of the Zoning Ordinance governing permit applications and other
ordinances related to wireless communications facilities on the public right -of -way for
the construction, modification, or placement of wireless communication facilities, the
community is in jeopardy that wireless communication facilities could be constructed,
modified, or placed prior to the imposition of new regulations necessary for the
protection of public health, safety and general welfare.
G. The City Council desires to consider and adopt amendments to Chapter
25 -80 of the Zoning Ordinance and other ordinances related to wireless
telecommunications facilities on the public right -of -way pertaining to wireless
communication facilities in order to provide clear, concise, and uniform guidance
consistent with the law to telecommunication service providers regarding the
establishment, location, and design of wireless communication facilities and to address
community concerns stated above.
H. To allow time for the City to consider and amend its regulations regarding
the construction, modification, placement and maintenance of wireless communication
facilities, it is necessary to temporarily suspend the approval of wireless communication
facilities as such use may be in conflict with the development standards and
implementing regulations that the City ultimately imposes after the City considers and
studies within a reasonable time.
I. A moratorium will provide the City with time to draft and adopt regulations
that are consistent with the Telecommunications Act of 1996, Senate Bill 1627, and
recent developments in federal and state law regulating wireless communication
facilities.
Section 2. Moratorium on New Approvals
From and after the date of this ordinance for a period of 45 days, no applications
for the construction, modification, or placement of wireless communication facilities will
be approved.
Notwithstanding the foregoing, the City shall continue to accept and process
applications for the construction, modification, or placement of wireless communication
facilities, subject to the proposed amendments to Chapter 25 -80, during this moratorium
and any extension of the moratorium. The application shall be processed at the
applicant's expense with the understanding that no permit shall be issued until the
expiration of the moratorium or any extension thereof up to 180 days.
Applications for the construction, modification, or placement of wireless
communication facilities that were deemed complete for purposes of the Permit
Streamlining Act (Gov. Code § 65920 et seq.) as of the date of the adoption of this
ordinance are exempt from compliance with this ordinance.
For purposes of this ordinance, "wireless communication facilities" shall mean
towers, antennas, and appurtenances utilized for transmitting, receiving, providing,
enhancing or relaying wireless communication signals and providing such services such
as cellular, personal communication services (PCS), specialized mobile
communications (GSM), paging, data services, additional capacity and coverage or
similar services that currently exist or may be developed.
Section 3. Urgent Need
This interim ordinance is urgently needed for the immediate preservation of the
public health, safety, and general welfare, and it shall take effect immediately upon
adoption, and it shall be of no further force and effect 45 days following the date of its
adoption unless extended in accordance with the provisions set forth in Government
Code Section 65858.
Section 4. Authority
Government Code Section 65858 provides that an urgency measure in the form
of an initial interim ordinance may be adopted without prior public notice by a four -fifths
vote of the City Council, which shall be effective for only 45 days following its date of
adoption. Government Code Section 65858 further provides that such an urgency
measure may be extended and case law holds that an extension is permissible for a
total of 180 days.
Section 5. Environmental Review
The City Council finds and determines the adoption of this ordinance is exempt
from the California Environmental Quality Act ( "CEQA ") under Section 15061(b)(3),
15307, 15308, and 15183 of the CEQA Guidelines.
Section 6. Penalties
The definitions and penalties for land use violations that are prescribed in the
Lynwood Zoning Code shall apply to violations of the provisions of this Interim
Ordinance.
Section 7. Severability
If any provision of this Interim Ordinance or the application thereof to any
persons or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Interim Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Interim Ordinance are
hereby declared to be severable.
Section 8. Certification
The City Clerk shall certify to the passage and adoption of this ordinance and
cause it to be posted, as required by law, and it shall thereafter be in full force and effect
immediately as an interim urgency ordinance in order to protect the public health,
safety, and welfare.
PASSED, APPROVED, AND ADOPTED this 19th day of May, 2009.
�i &��
Maria T. Santillan, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby.certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 19th day of May, 2009.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES:
ABSTAIN:
ABSENT:
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1614 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 19th day of May, 2009.
,1 i
Maria Quinone�z tily Clerk
ATTEST:
i
Maria Quinonez, ity Clerk
APPROVED AS TO FORM:
Fr*Gaante,2Citv Attorney
APPROVED AS TO CONTENT:
Jo athan Colin, Director
Development Services Department