HomeMy WebLinkAbout601 - OrdinancesORDINANCE NO. 601
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
DEVELOPMENT CODE AMENDMENT 99-01, AMENDING
CHAPTER 17.26 OF THE RANCHO CUCAMONGA
DEVELOPMENT CODE, REGARDING REGULATIONS
APPLICABLE TO WIRELESS COMMUNICATION FACILITIES
RECITALS.
1. On April 14, 1999, the Planning Commission of the City of Rancho Cucamonga
conducted a duly-noticed public hearing with respect to the above-referenced
Development Code Amendment and, following the conclusion thereof, adopted its
Resolution No. 99-31, recommending that the City Council adopt said amendment.
2. On May 5, 1999, the City Council of the City of Rancho Cucamonga conducted
and concluded a duly-noticed public hearing concerning the subject amendment to
the Development Code.
3. All legal prerequisites prior to the adoption of this Ordinance have occurred.
ORDINANCE.
The City Council of the City of Rancho Cucamonga does hereby ordain as follows:
SECTION 1: This Council hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Ordinance are true and
correct.
SECTION 2:
This Council hereby finds and determines that the subject
amendment identified in this Ordinance is exempt from the
requirements of the California Environmental Quality Act of
1970, as amended, and the Guidelines promulgated
thereunder, pursuant to Section 15061 (b)(3) of Chapter 3 of
Division 6 of Title 14 of the California Code of Regulations.
SECTION 3:
Section 17.26.020 is hereby amended to revise the "Building
Mounted" and "Minor Wireless Communications Facility"
definitions and to add a "Temporary Wireless
Communications Facility" definition:
Ordinance No. 601
Page 2
"Building-Mounted" means mounted to the side of a building,
to the facade of a building, or to the side of another structure
such as a water tank, church steeple, freestanding sign, utility
tower, light pole, or similar structure, but not to include the roof
of any structure.
"Minor Wireless Communication Facility" means a wireless
communication facility that is stealth in design and does not
exceed the height limit of the district in which it is located, or
building-, facade-, or wall-mounted and does not exceed the
height of the parapet wall or roof line of the building. A
roof-mounted facility, which is screened by a solid material on all
four sides and does not exceed the maximum height of the
district shall be considered a minor wireless communication
facility.
"Temporary Wireless Communication Facility" means a
wireless communication facility that is kept portable or mobile
and deployed while a permanent facility is under construction.
SECTION 4:
5.
Section 17.26.030.5 shall be revised to read as follows:
Major wireless communications facilities are not
permitted to locate within 500 feet of any residential
structure, within any residential district, or within 500 feet
of any existing, legally established major wireless
communication facility except as follows:
a. When co-located on the same building, structure, or
wireless facility.
b. The facility replaces or modifies an existing facility for
purposes of co-location.
For the purposes of this Chapter, all distances shall
be measured in a straight line without regard to
intervening structures, from the nearest point of the
proposed major wireless communication facility to the
nearest property line of any residential land use, or to
the nearest point of another major wireless
communication facility.
SECTION 5:
Section 17.26.051 shall be added to read as follows:
17.26.051 - Deployment of Temporary Facility.
A temporary wireless communication facility may be
deployed subject to approval by the City Planner and the
following:
Ordinance No. 601
Page 3
1. A permanent wireless communication facility has been
approved for the property in question.
2. The temporary facility was approved as part of the
Conditional Use Permit or Minor Development Review.
3. The facility is deployed for no more than 6 months,
provided that two extensions may be granted by the City
Planner; however, the total period shall not exceed one year.
SECTION 6:
If any section, subsection, sentence, clause, phrase, or word
of this Ordinance is, for any reason, deemed or held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, or preemp.ted by legislative
enactment, such decision or legislation shall not affect the
validity of the remaining portions of this Ordinance. The City
Council of the City of Rancho Cucamonga hereby declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, or word thereof,
regardless of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or words might
subsequently be declared invalid or unconstitutional or
preempted by subsequent legislation.
SECTION 7:
The City Clerk shall certify to the adoption of this Ordinance
and shall cause the same to be published within 15 days
after its passage at least once in the Inland Valley Daily
Bulletin a newspaper of general circulation, published in the
City of Ontario, California, and circulated in the City of
Rancho Cucamonga, California.
PASSED, APPROVED, AND ADOPTED this 19th day of May, 1999.
Alexander, Biane, Curatalo, Dutton, Williams
None
None
None
AYES:
NOES:
ABSENT:
ABSTAINED:
William J. Alexan/~r, Mayor
Ordinance No. 601
Page 4
ATTEST:
Debra J. Adar~..~, CMC, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California,
do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council
of the City of Rancho Cucamonga held on the 5th day of May, 1999, and was passed at a regular
meeting of the City Council of the City of Rancho Cucamonga held on the 19th day of May, 1999.
Executed this 20th day of May, 1999, at Rancho Cucamonga, California.
Debra J. Adar~s~, CMC, City Cler