ORDINANCE 1262ORDINANCE NO. 1262
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
EL SEGUNDO, CALIFORNIA, IMPOSING A FORTY -FIVE
DAY MORATORIUM UPON THE ISSUANCE OF PERMITS
FOR WIRELESS COMMUNICATIONS FACILITIES
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS
FOLLOWS:
SECTION 1. This ordinance is applicable Citywide and
pertains to all wireless communications facilities. Wireless
communications facilities means any antennae, tower or other
facility that is used in connection with the provision of
communications services and employs any of the following
communications technologies: cellular, Enhanced Specialized
Mobile Radio (ESMR), or personal communications services (PCS)
LAri_ 8138.1
SECTION 2. The City Council of the City of El Segundo does
hereby find, determine and declare that:
A. California State Law, Government Code Section
65858, authorizes an interim ordinance by urgency
measure to protect against a current and immediate
threat to the public safety, health or welfare.
The interim ordinance may prohibit certain land
uses while the City studies a zoning proposal to
prevent said threat.
f
B. Changes in wireless telecommunications technology,
additional licenses granted by the Federal
Communications Commission, and the increased
demand for wireless communication services have
led to a significant increase in the demand for
wireless communication facilities within the City
of El Segundo. There has been an increase in the
number of applications for, and inquiries
regarding, proposed wireless communication
facilities in the City.
C. The City of El Segundo is currently reviewing and
proposing changes to the Zoning Code that will
address wireless communication facilities. The
Federal Telecommunications Act was signed into law
in February of 1996. The effects of this Act upon
the City's ability to regulate these facilities
require further study by the City.
D. The City of El Segundo is nearly fully developed
for a variety of residential arid commercial uses.
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Lk 9138,1
E. Because of its size, topography, and development,
there are a limited number of potential sites in
the City which would be acceptable for the
installation of wireless communication facilities.
F. The citizens of El Segundo have expressed
significant concern relating to the location of
wireless communication facilities within the City.
The primary concern relates to the aesthetic
effects of such facilities on neighboring
properties and the community as a whole.
G. The City requires time to study the feasibility of
requiring co- location of wireless communications
facilities within the limited number of acceptable
sites within the City.
H. The adoption of regulations and guidelines for the
establishment of wireless communication facilities
will serve to reduce the potential for negative
impacts on the community.
I. Failure to immediately implement regulations for
wireless communication facilities through the
adoption of an urgency ordinance will result in a
substantial number of public wireless
communication facilities being installed without
regulations needed to protect the public safety, -
health and welfare and to provide for consistency
in decision - making among applications before the
City.
J. The requirements and restrictions imposed by this
Ordinance are necessary to protect the safety,
health and welfare of the citizens of E1 Segundo.
K. The development of a permanent ordinance will
require further study and analysis. The City
Council has the authority to adopt an urgency
interim ordinance pursuant to Government Code
Section 65858 to protect the public safety, health
and welfare while the permanent ordinance is being
developed.
L. There is a current and immediate threat to the
public safety, health and /or welfare due to the
proliferation, concentration, and lack of
operational control over public wireless
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communication facilities. Therefore, the City
Council finds and declares that this Urgency
Ordinance is required for the immediate
preservation of the public safety, health and /or
welfare of the citizens of El Segundo.
M. Government Code Section 65858(a) provides that the
City may adopt this interim urgency Ordinance by
four - fifths (4/5) vote for an effective initial
period of 45 days.
SECTION 3. The City Council of the City of E1 Segundo does
ordain that no permits shall be issued for wireless communication
facilities until new regulations pertaining to such permits have
been adopted; provided that this restriction on issuance of
permits for wireless communication facilities shall expire forty -
five (45) days from the effective date of this Ordinance unless
extended in accordance with Government Code Section 65858.
SECTION 4. In accordance with Government Code Section
65858, as an urgency interim ordinance, this Ordinance requires a
four - fifths (4/5) vote of the entire City Council.
SECTION 5. This Ordinance shall be introduced, passed, and
adopted at one and the same meeting as an urgency measure. As an
urgency measure, this Ordinance shall become effective
immediately and shall continue in full force and effect for a
period of forty -five (45) days until December 20, 1996, unless
amended, repealed, or extended. The reasons for this urgency are
declared and set forth in Section 1 of this Ordinance.
PASSED AND APPROVED this 5th day of November r
19 96
ATTEST:
MAYOR
APPROVED AS TO FORM:
CI Y CLERK CITY ATTORNEY
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Lora Freeman, Deputy City Clerk of the City of El Segundo, California, DO
HEREBY CERTIFY that the whole number of members of the City Council of the said
City is five; that the foregoing ordinance, being ORDINANCE NO. 1262 is a full, true
correct original of ORDINANCE NO. 1262 of the said City of El Segundo, California,
entitled:
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, IMPOSING A FORTY -FIVE DAY
MORATORIUM UPON THE ISSUANCE OF PERMITS FOR
WIRELESS COMMUNICATIONS FACILITIES.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 5TH DAY OF NOVEMBER, 1996, and the same was
so passed and adopted by the following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTAINED: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1262,
was posted and /or published in the manner prescribed by law.
�C A FREEMAN
Deputy City Clerk of the
City of El Segundo, California
(SEAL)
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