HomeMy WebLinkAboutOrdinance 2021 N.C.S. 07/01/1996._ 1
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~F~~BIVE SATE
f~E ARDi~AtdC~
JUL 1 1~
ORDINANCE NO. 2021 N.C.S.
Introduced by Councilmember
Jane Hamilton
Seconded by Councilmember
Nancv Read
AN EXTENSION TO THE INTERIM ORDINANCE OF THE
CITY OF PETALUMA TEMPORARILY SUSPENDING THE RECEIPT,
PROCESSING OR APPROVAL OF PERMITS FOR
COMIVIUNICATION TOWERS AND/OR RELATED FACILITIES
23 Be it ordained by the City Council. of the City of Petaluma, County of Sonoma, State of
24 California, as follows:
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26 SECTION 1: The City Council found on December 18, 1995 that the provisions of the
27 Petaluma Zoning Ordinance and Petaluma Municipal Code insufficiently address the
2s special nature of communication towers and/or related facilities and that such
29 communication towers and/or related facilities present a potentially significant impact to
3o the community's scenic vistas and vewsheds which are of vital importance to the
31 community character, historic flavor and tourist industry economy as well as a potential
32 impact to the provision of communications without interference.
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34 SECTION 2: The City Council found that the establishment of additional communication
35 towers and/or related facilities without specific guidelines and procedures for the review
36 of such facilities, could degrade the quality of life in Petaluma and adversely affect the
37 health and welfare of the community and its residents.
Ord. 2021 NCS
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2 SECTION 3: Based on the above, the City Council adopted as an urgency measure an
3 Interim Ordinance suspending receipt, processing or approval of permits for
4 communication towers and/or related facilities within the City for 45 days.
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6 SECTION 4: The City Council further found that specific regulations and standards
7 should be established and adopted in the Petaluma Municipal Code, and possibly the
s Zoning Ordinance to regulate communication towers and/or related facilities and that
9 additional time was needed to review, establish, and adopt said regulations and standards;
1o and, an extension of the Interim. Ordinance for a period not to exceed 120 days was found
1l necessary to allow the establishment and adoption of these regulations; therefore the City
12 Council adopted, on January 16, 1996, an extension to the urgency Ordinance.
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14 SECTION 5: The City Council finds that draft regulations and standards have been
15 prepared to regulate communication towers and/or related telecommunication facilities
16 and that additional time is needed to provide for public review and comment on the draft
17 regulations and standards and that, therefore, an additional extension of the Interim
1s Ordinance for a period not to exceed an additional 120 days is found necessary to allow
19 for the completion, consideration and adoption of these regulations.
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21 SECTION 6: Notwithstanding any other provisions of the Petaluma Municipal Code or
22 any other Ordinance or regulations of the City of Petaluma to the contrary, no application
23 for communication towers and/or related facilities shall be accepted, processed, approval
24 or granted while this Ordinance is in effect, with the exception of the City signal
25 intercomment project.
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27 SECTION 7: With regard to any application for communication towers and/or related
28 facilities under review by the City, unless exempted by the original Interim Ordinance, no
29 further processing shall occur.
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Ord. 2021 NCS Page 2 of 3 pages
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1 SECTION 8: This Interim Ordinance shall in no way affect any communication towers
2 and/or related activities in use or which has received approval of a conditional use permit
3 prior to the date of the adoption of this Ordinance.
5 If any section, subsection, sentence, clause or phase or word of this Ordinance is for any
6 reason held to be unconstitutional by a court of competent jurisdiction, such decision shall
7 not affect the validity of the remaining portions of this Ordinance. The City Council of the
s City of Petaluma hereby declares that it would have passed and adopted this Ordinance
9 and each and all provisions thereof irrespective of the fact that any one or more of said
to provisions be declared unconstitutional.
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12 INTI20DUCED and ADOPTED and ordered Posted~l~ll~ this 1st. day of July,
13 1996.
14 AYES: Maguire, Hamilton, Stompe, Read, Shea, Vice Mayor Barlas, Mayor Hilligoss
15 NOES: None
16 ABSENT: None
17 ABSTAIN: None
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23 ATTEST:
2=4 ~,
26 City Clerk ~
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29 ortelex2.doc/winword/PT17
Ord. 2021 NCS Page 3 of 3 pages