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HomeMy WebLinkAbout651 - OrdinancesORDINANCE NO. 65t AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 00-03, AMENDING SECTION 17.26,030 - DEVELOPMENT CRITERIA FOR ALL WIRELESS COMMUNICATION FACILITIES, TO REDUCE THE DISTANCE THAT A MAJOR WIRELESS COMMUNICATION FACILITY MUST BE LOCATED FROM A RESIDENTIAL DISTRICT, RESIDENTIAL STRUCTURE, OR OTHER MAJOR WIRELESS COMMUNICATION FACILITY FROM 500 FEET MINIMUM TO 300 FEET MINIMUM. A. Recitals. 1. On November 8, 2000, 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. 00-117, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On December 20, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment to the Development Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City 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 Division 6 Title 14 of the California Code of Regulations. SECTION 3: Section 17.26.030 - Development Criteria for All Wireless Communication Facilities, of the Development Code hereby is amended to'read, in wordsand figures, as written below: "5. Major wireless communication facilities are not permitted to be located within 300 feet of any residential structure, within any residential district, or within 300 feet of any existing, legally established major wireless communication facility except as fo~ows:" Ordinance No. 651 Page 2 of 3 SECTION 4: 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 preempted 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 words 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 5: 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. ATTEST: PASSED, APPROVED, AND ADOPTED this 3rd day of January 2001. Alexander, Biane, Dutton, Williams AYES: NOES: None ABSENT: Curatalo ABSTAINED: None t'~'~~Ale nder, Mayor'''~ Ordinance No. 651 Page 3 of 3 I, DEBRA J. ADAMS, CITY CLERKof 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 20th day of December 2000, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 3r~day of January 2001. Executed this 4'" day of January 2001, at Rancho Cucamonga, California.