HomeMy WebLinkAboutOrdinance 2001 N.C.S. 12/18/19951 ORDINANCE NO. 2001
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3 Introduced by Seconded by
4 Matt Maguire Mary Stompe
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6 AN URGENCY ORDINANCE OF THE CITY COUNCIL
7 OF THE CITY OF PETALUMA TEMPORARILY SUSPENDING
8 THE RECEIPT, PROCESSING OR APPROVAL OF PERMITS FOR
9 COMMUNICATION TOWERS AND/OR RELATED FACILITIES
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13 The City Council of the City of Petaluma, County of Sonoma, State of California, ordain
14 as follows:
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16 SECTION ONE: The City Council hereby finds as follows:
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18 (a) Within the last few years there has been an increase in applications for
19 communication towers in the City of Petaluma which has the potential to cumulatively
20 adversely impact scenic vistas and viewsheds within the City which are of vital
21 importance to the community character, historic flavor and tourist industry economy as
22 well as a potential impact to the provision of communications without interference;
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24 (b) The City of Petaluma General Plan contains policies regarding
25 maintaining scenic vistas and scenic quality, however the policies only suggest
26 environmental assessment and site plan and architectural review of development projects.
27 These policies are not adequate in providing guidelines for developments such as
28 communication towers and/or related facilities;
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Ord. 2001 NCS .Page 1 of 3
1 (c) The City of Petaluma Planning Department and the City Council are
2 currently developing and considering adoption of policies and design guidelines for siting
3 and development of communication towers and/or related facilities.
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5 SECTION TWO: Notwithstanding any other provision of the Petaluma
6 Municipal Code, and. for the duration of this urgency ordinance, no applications shall be
7 received, accepted, processed (including the holding of public hearings) or approved by
8 any employee, department, or body of the City of Petaluma if such applications involved
9 construction, improvement or development of communication towers and/or related
1 o facilities and all applicable processing deadlines shall be suspended.
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12 SECTION THREE: This urgency Ordinance shall not apply to any
13 application for which an application and appurtenant plans have been submitted and the
14 application fee has been paid prior to the effective date of this Ordinance.
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16 SECTION FOUR: This urgency Ordinance shall terminate on February 2,
17 1996, forty-five days from the effective date of this Ordinance as required by
18 Government Code Section 65959. Said term may be further extended by this City
l9 Council in the manner provided by law.
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21 SECTION FIVE: The City Council hereby finds that this urgency ordinance
22 must take effect immediately without notice because continued processing of applications
23 for communication towers and/or related facilities would threaten the scenic quality of the
24 City of Petaluma while a permanent regulatory solution is being sought. Due to this, this
25 Council further finds these conditions constitute a current and immediate threat to the
26 public health, safety and welfare of the people of the City of Petaluma.
27 SECTION SIX: The City Council hereby finds that passage of this urgency
28 Ordinance has no potential for causing a substantial or potentially substantial adverse
29 change in any physical conditions within the area affected and therefore determine with
30 certainty that this urgency Ordinance has no potential for producing a significant effect
Ord. 2001 ~TC.S Page 2 of 3
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1 on the environment as that term is defined in Section 15382 of the State CEQA
2 Guidelines found in Title 14 of the California Code. Therefore, this Council hereby finds
3 that this action is not subject. to the California Environmental Quality Act (CEQA),
4 pursuant to the general rule that CEQA only applies to projects which have. any potential
5 for causing a significanteffect on the environment [Section 15051(b)(3)].
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7 SECTION SEVEN: The Director of Planning is hereby requested to prepare and
8 submit to the City Council on or before February 2, 1996 a written report describing the
9 progress and development or regulatory proposals to alleviate the conditions which have
10 led to the passage of this urgency Ordinance.
12 SECTION EIGHT: This is an urgency Ordinance that shall take effect
13 immediately.
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SECTION NINE: This Ordinance shall be published before the expiration of
fifteen (15) calendar days after its passage at least once in the Argus Courier, a newspaper
of general circulation printed and published in the City of Petaluma, together with the
names of the members voted for and against the same.
The foregoing Ordinance was introduced, read, and passed at a regular meeting of
the City Council of the City of Petaluma, State of California; held on the 18th day of
December, 1995, by the following vote.:
AYES: Stompe, Maguire, Read, Vice Mayor Shea
NOES: None
ABSENT: Hamilton, Mayor Hilligoss
Appr-o~ved,,~.s to Form
Ord. 2001 NCS
Attest:
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