ORDINANCE 1266ORDINANCE NO. 1266
EXTENSION OF URGENCY INTERIM ZONING
ORDINANCE NO. 1262 OF THE CITY OF EL SEGUNDO, CALIFORNIA,
IMPOSING A TEN MONTH AND FIFTEEN DAY MORATORIUM UPON THE
ISSUANCE OF PERMITS FOR WIRELESS COMMUNICATIONS FACILITIES
WHEREAS, on November 5, 1996 the City Council of the City of El Segundo adopted Ordinance No. 1262
as an Interim Urgency Ordinance pursuant to Government Code Section 65858, imposing a forty -five day
moratorium upon the issuance of permits for wireless communications facilities;
WHEREAS, on December 17, 1996, the City Council held a duly advertised public hearing and opportunity
was given to all persons to present evidence and testimony for or against EA -403 and the extension of the Interim
Zoning Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS:
SECTION 1. Interim Zoning Ordinance No. 1262 is extended pursuant to the terms and conditions of
Section 65858 of the Government Code. The term of this extension of the Interim Zoning Ordinance shall begin
on December 20, 1996, and shall expire on November 4, 1997 or until rescinded by the City Council.
SECTION 2. On December 11, 1996, the City provided a status report pursuant to Government Code
Section 65858, a minimum of 10 days prior to the expiration of Ordinance No. 1262 on December 20, 1996.
SECTION 3. This Ordinance is applicable Citywide and pertains to all wireless communications facilities.
Wireless communications facilities me )Ds 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 (E3MR), or personal communications services (PCS).
SECTION 4. 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.
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 in :rease 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.
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 191.16. 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 with a variety of residential and commercial uses.
1266
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 with a variety of residential and
commercial uses.
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 immedia rely 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 dec -sion- 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 El Segundo.
K. The development c 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 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 extension
of the Interim Urgency Ordinance by four - fifths (4/5) vote for a period of ten
months and fifteen days.
—2—
1266
SECTION S. The City Council of the City of El 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 ten (10) months and fifteen (15) days from the effective date
of this Ordinance in accordance with Government Code Section 65858.
SECTION 6. 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 7. 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
on December 20, 1996 and shall continue in full force and effect for a period of ten (10) months
and fifteen (15) days until November 4, 1997, unless amended, repealed, or extended. The
reasons for this urgency are declared and set forth in Section 4 of this Ordinance.
SECTION 8. If any section, subsection, sentence, clause, phrase or word of this Interim
Zoning Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Interim Zoning Ordinance.
The City Council hereby declares that it would have passed and adopted this Interim Zoning
Ordinance and each and every provision thereof, irrespective of the fact that any one or more of
said provisions may be declared invalid.
SECTION 9. The City Clerk shall certify to the passage and adoption of this Interim Zoning
Ordinance by not less than four - fifths vote of the City Council; shall cause the same to be entered
in the book of original Ordinances of the City; shall make a minute of the passage and adoption
thereof in the records of the proceedings of the City Council at which the same is passed and
adopted; and shall within fifteen (15) days after the passage or adoption thereof cause the same
to be published or posted in accordance with the law.
PASSED AND APPROVED this 17th day Of December 1996.
Sandra Jaco s, M yor
City of El S o, California
ATTESTED:
C. dy Morte n, City erk (SEAL)
APPROVED AS TO FORM
Mark Hen ey, City Attorney,
-3-
projects \ea - 403 \ea403. ord
1266
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, 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. 1266 is a full, true correct original
of ORDINANCE NO. 1266 of the said City of El Segundo, California, entitled:
EXTENSION OF URGENCY INTERIM ZONING
ORDINANCE NO. 1262 OF THE CITY OF EL SEGUNDO, CALIFORNIA,
IMPOSING A TEN MONTH AND FIFTEEN 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 21st DAY OF JANUARY , 1997, 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. 1266
was posted and /or published in the manner prescribed by law.
City of El Segundo, California
(SEAL)
1266