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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