HomeMy WebLinkAboutAGENDA REPORT 2001 1219 CC REG ITEM 09CFROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
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BY
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Deborah S. Traffenstedt, Acting Director of Community
Development � 5T
December 7, 2001 (CC Meeting of 12/19/01)
SUBJECT: Consider the Status of Interim Prohibition of Wireless
Telecommunications Facilities and Extension of Ordinance
No. 272 and Amendment of Ordinance No. 273, Enacting a
Moratorium on the Issuance of Permits for Construction or
Placement of Wireless Telecommunications Facilities
BACKGROUND
On July 19, 2001, the City Council adopted Interim Ordinance No.
272 to enact a forty -five (45) day moratorium on the issuance of
permits for construction or placement of wireless
telecommunications facilities. This interim ordinance also placed
a moratorium on the acceptance and processing of applications for
these facilities. The City Council enacted the interim ordinance,
because of concern over the high number of requests for wireless
telecommunications facilities to be placed throughout the City and
the lack of standards or criteria for their placement and
appearance. On August 29, 2001, the Council adopted Interim
Ordinance No. 273, extending the moratorium for a period of one
hundred thirty -five days (through January 14, 2002).
A draft ordinance regulating Wireless Communications Facilities
within the City of Moorpark by adding Chapter 17.42 and amending
Chapters 17.08 and 17.20 of Title 17, Zoning, of the Moorpark
Municipal Code has been prepared, and the City's Planning
Commission held a public hearing on November 19, 2001, and adopted
Resolution No. PC- 2001 -418 recommending approval of the draft
ordinance as amended. The City Council held a public hearing on
December 5, 2001, to consider the amended draft ordinance
recommended for approval by the Planning Commission. The City
Council's action on December 5 was to continue the public hearing
open to January 16, 2002, and to direct staff to schedule
Honorable City Council
December 7, 2001
Page 2
consideration of extension of the moratorium for the Council's
December 19, 2001 meeting.
DISCUSSION
The City Council made the decision to continue the public hearing
for a draft Wireless Communications Facilities ordinance after
consideration of public comments, including correspondence from
AT &T Wireless, Sprint PCS, and Verizon Wireless. At the December
5 meeting, the Council was advised by the Assistant City Attorney
that the referenced three wireless telecommunications providers
were in support of an extension of the moratorium to allow
additional time for consideration of their concerns and recommended
revisions to the draft zoning ordinance that would regulate
Wireless Communications Facilities in the City.
Included as Attachment A to this agenda report is the report
required by Government Code Section 65858(d), measures taken to
alleviate the conditions which led to the City Council's adoption
of Ordinance No. 272, enacting a moratorium on the issuance of
permits for construction or placement of Wireless Communications
Facilities in the City. With preparation of a draft zoning
ordinance that would regulate Wireless Communications Facilities in
the City, completion of the Planning Commission review, and
initiation of the City Council's public hearing process, the City
has demonstrated a commitment to expeditious adoption of new zoning
regulations for Wireless Communications Facilities.
This agenda report was issued ten days prior to the City Council's
December 19, 2001 meeting in compliance with Government Code
Section 65858(d). A draft interim ordinance that would extend the
moratorium for an additional 90 days (through April 14, 2002) is
included as Attachment B to this agenda report.
STAFF RECOMMENDATION
1. Open the public hearing, take public testimony, and close
public hearing.
2. Adopt Ordinance No. extending Ordinance No. 272 and
amending Ordinance No. 273, enacting a moratorium on the
issuance of permits for construction or placement of Wireless
Communications Facilities in the City and declaring the
urgency thereof. (4/5's vote required for adoption of
ordinance)
Attachments:
A. Report on Interim Prohibition on Wireless Communications
Facilities and Status Report
B. Draft Interim Ordinance
Honorable City Council
December 7, 2001
Page 3
REPORT BY THE CITY OF MOORPARK CONCERNING ITS INTERIM
PROHIBITION ON WIRELESS COMMUNICATIONS FACILITIES
December 7, 2001
In accordance with Government Code Section 65858(d), the City of
Moorpark issues this report of the measures taken to alleviate the
conditions which led to the City Council's adoption of Ordinance
272, enacting a forty -five (45) day moratorium on the issuance of
permits for construction or placement of wireless
telecommunications facilities in the City, and subsequent extension
of the moratorium for 135 days through the adoption of Ordinance
No. 273.
Numbered below are the facts cited in support of extension of
the moratorium, with a statement of the City's efforts to address
each fact shown with italic font.
1. The provisions of the City Municipal Code that may
regulate the construction and placement of wireless
telecommunication facilities in the City are inadequate and need
review, study, and revision. The current provisions also fail to
fully take into account the impacts related to the location and
manner of construction of wireless telecommunications facilities,
and the related public health, safety, and welfare concerns.
City staff has prepared a draft ordinance intended to regulate
Wireless Communications Facilities in the City of Moorpark and that
draft ordinance has been recommended for approval by the Planning
Commission and is currently under review by the City Council with
the advertised public hearing continued from the Council's December
5, 2001 meeting to the Council's regular meeting of January 16,
2002.
2. The City Council has recently expressed grave concerns
about the heavy construction and installation of wireless
telecommunications facilities. The City Council also desires to
evaluate and enhance the public works and aesthetic standards
regarding such facilities, if necessary.
The City has approximately five (5) applications pending to
construct new wireless facilities in the City. Also, the City
anticipates receiving numerous additional applications for wireless
facilities, as a consequence of the recent auctions of additional
wireless service spectrum by the Federal Communications Commission.
As stated above, a draft ordinance has been prepared and is
currently under City Council and public review through the public
hearing process.
Honorable City Council
December 7, 2001
Page 4
3. The City requires additional time to prepare, evaluate
and adopt reasonable regulations regarding the placement and
construction of wireless telecommunications facilities, so that
such regulations are applied to wireless telecommunications
providers in a nondiscriminatory manner.
The proposed further extension of the moratorium for an
additional 90 days is in response to the request by three wireless
telecommunications providers, with existing and /or proposed
Wireless Communications Facilities in the City, to postpone City
Council action on the draft ordinance and allow additional time for
consideration of recommended revisions to the draft zoning
ordinance that would regulate Wireless Communications Facilities in
the City.
4. The public interest, health, safety, and welfare require
immediate enactment of this Ordinance extending the moratorium. The
absence of this Ordinance would impair the orderly and effective
implementation of contemplated Municipal Code amendments, and any
further authorization of these uses within the City during the
period of the moratorium may be in conflict with or may frustrate
the contemplated updates and revisions of the Municipal Code.
Because at least five (5) wireless facility applications are
currently pending, it remains likely that one or more of those
applications may result in a facility that would be incompatible
with the new regulations. Until staff and the City Council can
complete their review and deliberations on the draft ordinance
currently under public review, this potential for frustration of
the studies and implementation remains.
5. Due to multiple inquiries for permits allowing the
construction of wireless telecommunications facilities in the City,
the City finds that there is a current and immediate threat to the
public health, safety, or welfare and that this Ordinance is
necessary in order to protect the City from the potential effects
of uncoordinated and conflicting construction of wireless
telecommunication facilities in the City, multiple obstructions of
traffic and commerce on city streets, the aesthetic impacts to the
City, and other similar or related effects on the quality of life
in the City.
Until staff and the City Council can complete the review and
deliberations necessary to adopt new zoning regulations, the risks
remain the same to the health, safety, and welfare of the citizens
of Moorpark, as well as to the aesthetic interests of the City and
the preservation of property values and quality of life. The
further extension of the moratorium on the issuance of permits for
Honorable City Council
December 7, 2001
Page 5
construction or placement of Wireless Telecommunications Facilities
is necessary to allow adequate time for consideration of comments
received during the Planning Commission and City Council public
hearing process on the new draft zoning ordinance that would
regulate Wireless Communications Facilities in the City.
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City of Moorpark
Status of Wireless Communications Facilities
Permit
Applicant
Status
Location
Description
Number
CUP 95 -01
Cellular One
Constructed
Ventura County
60 -foot high monopole with 8
(Now AT &T)
Waterworks District
panel antennas and equipment
Reservoir Facility
building, with landscaping.
east of Moorpark
College
CUP 96 -01
Pacific Bell
Constructed
Ventura County
60 -foot high monopole with 6
Mobile Services
Waterworks District
panel antennas and 2
Reservoir Facility east
equipment cabinets with
of Moorpark College
landscaping.
CUP 97 -04
Nextel
Constructed
Ventura County
60 -foot high monopole with 15
Communications
Waterworks District #2,
panel antennas, three omni
7150 Walnut Canyon Road
antennas and equipment
building, pine tree
configuration with
landscaping.
CUP 97 -05
Cox
Constructed
Ventura County
6, 14 -foot high antennas and
Communications
Waterworks District
equipment cabinets, with
Reservoir Facility east
landscaping.
of Moorpark College
CUP 99 -06
Pacific Bell
Constructed
Ventura County
70 -foot high antenna pole
Wireless
Waterworks District #2,
with a total of 18 antennas
7150 Walnut Canyon Road
and equipment building, pine
tree configuration with
landscaping.
CUP 00 -04
Tacit
Constructed
Ventura County
6, 15 -foot high antennas with
Communications
Waterworks District
landscaping.
for Verizon
Reservoir Facility east
Wireless
of Moorpark College
S:1Community Development\Everyone\City Council Agenda Reportslcc- 011219 table - Wireless Corn Status.doc
Page 1
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City of Moorpark
Status of Wireless Communications Facilities
Permit
Applicant
Status
Location
Description
Number
CUP 00 -03
Compass Telecom
Approved, no
Ventura County
12 antennas on 12 -foot high
Services
permits
Waterworks District
support poles with
issued
Reservoir Facility
landscaping.
east of Moorpark
College
CUP 00 -07
Tetra Tech
In process
Peach Hill Reservoir
3 antenna panels on poles and
(formerly
site south of Westport
equipment building with
Tacit) for AT &T
Street
proposed landscaping.
CUP 00 -08
The Consulting
In process
7100 block of Walnut
38 -foot high utility pole
Group for
Canyon Road
with 2 equipment cabinets
Pacific Bell
with screen wall.
Wireless/
Cingular
communications
CUP 01 -01
InfraNext, Inc.
In process
Peach Hill Reservoir
3, 16 -foot high antenna poles
for Sprint PCS
site south of Westport
and equipment area.
Wireless
Street
CUP 01 -02
InfraNext, Inc.
In process
Roof of existing vacant
6 panel antennas with 5
for Sprint PCS
movie theatre at 543
equipment cabinets.
Wireless
Los Angeles Avenue.
CUP 98 -05
Air Touch
Denied
13931 Los Angeles
15, 6 -foot high antennas.
Cellular
Avenue
S:ICommunity DevelopmentlEveryone\City Council Agenda Reportslcc- 011219 table - Wireless Corn Status.doc
Page 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, EXTENDING ORDINANCE
NO. 272, AND AMENDING ORDINANCE NO. 273,
ENACTING A MORATORIUM ON THE ISSUANCE OF
PERMITS FOR CONSTRUCTION OR PLACEMENT OF
WIRELESS TELECOMMUNICATIONS FACILITIES IN
THE CITY, AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings. The City Council hereby finds,
determines and declares that:
A. On July 18, 2001, the Moorpark City Council adopted as
an urgency measure Ordinance No. 272 enacting a
moratorium on the issuance of permits for construction
or placement of wireless telecommunications facilities
in the City, pending the study of the City's existing
regulations and possible revision of same to ensure
that the public health, safety, and welfare are not
negatively impacted.
B. On August 29, 2001, the Moorpark City Council adopted
as an urgency measure Ordinance No. 273, extending
Ordinance No. 272 for a period of 135 days through
January 14, 2002.
C. City staff has submitted the report required by
Government Code Section 65858(d) to be submitted
before any extension of a previously adopted interim
zoning ordinance.
D. The City's staff report, as referenced above,
indicates that further study concerning the comments
received on the City's draft ordinance regulating
Wireless Communications Facilities needs to be
conducted or completed before adoption of the new
zoning regulations, and the circumstances that led to
the adoption of Ordinance No. 272 remain unresolved.
Therefore, it is appropriate to extend Ordinance No.
272 and amend Ordinance No. 273 to continue the
moratorium in effect from the termination date set by
Ordinance No. 273 of January 14, 2002 for an
Ordinance No.
Page 2
additional ninety (90) days to end on April 14, 2002,
unless further extended.
E. The City Council finds that this Ordinance is
necessary for the protection of the health, safety and
welfare of the citizens of Moorpark, as well as the
preservation of the quality of life in the City.
F. The City Council finds, determines, and declares that
a current and immediate threat to the public health,
safety, or welfare exists, and the approval of
additional permits or any other applicable land use
entitlements, which are required for the construction
or placement of new wireless telecommunications
facilities within the City, would result in a threat
to public health, safety, or welfare. The facts
constituting such an urgency are set forth in
Paragraphs A -F of this section, inclusive of this
Ordinance.
SECTION 2. Interim Regulations. Pursuant to the authority
of Section 65858 of the Government Code of the State of
California, and the inherent police powers of the City of
Moorpark, Ordinance No. 272 is hereby further extended for a
period of ninety (90) days from its previous expiration date of
January 14, 2002 as approved by Ordinance No. 273, now extending
its expiration date and the moratorium through April 14, 2002.
SECTION 3. Severability. If any section, sentence, clause
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and adopted
this Ordinance and each section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
SECTION 4. Notice of Adoption. The City Clerk of the City
of Moorpark is hereby directed to publish this Ordinance, or the
title hereof as a summary, pursuant to state statute.
SECTION 5. Vote Required. In accordance with Government
Code Section 65858, as an urgency moratorium ordinance, this
Ordinance No.
Page 3
Ordinance requires a four - fifths (4/5's) vote of the entire City
Council.
SECTION 6. Urgency Measure - Effective Date. This Ordinance
shall be introduced, passed, and adopted at one and the same
meeting as an urgency measure. As an urgency moratorium, this
Ordinance shall become effective immediately and shall continue
in full force and effect, unless amended or repealed, through
April 14, 2002. The reasons for this urgency are declared and
set forth in Section 1 of this Ordinance and are incorporated
herein by reference.
PASSED AND ADOPTED this 19th day of December, 2001.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Patrick Hunter, Mayor