HomeMy WebLinkAboutAGENDA REPORT 2002 0206 CC REG ITEM 09ACox
FROM:
DATE:
ITEM q • 11
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MOORPARK CITY COUNCI
AGENDA REPORT
Honorable City Council
Deborah S. Traffenstedt, Acting Director of Community
Development �-
January 30, 2002 (CC Meeting of 2/6/02)
SUBJECT: Consider 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, and Repealing
Ordinance No. 275 upon the Effective Date of the
New Ordinance (Zoning Ordinance Amendment No. 2001-
03)
BACKGROUND AND DISCUSSION
The City Council held a public hearing on the proposed Wireless
Communications Facilities Ordinance on December 5, 2001, and a
continued public hearing on January 16, 2002. At the meeting on
January 16, staff recommended further continuance of the public
hearing to allow analysis of comments received on the draft
ordinance.
A revised draft ordinance is attached (Attachment 1) that
incorporates additional revisions in response to comments received,
including those from AT &T Wireless legal counsel dated January 14,
2002 (Attachment 2). Edits in the draft ordinance are shown
through the use of legislative format. The attached draft
ordinance includes the legislative format changes presented to the
City Council for the January 16 public hearing as well as the edits
made since that meeting. Staff only made those edits that were
consistent with the Planning Commission and City Council direction
obtained through the public hearing process.
At an adjourned meeting on December 20, 2001, the City Council did
adopt Ordinance No. 275 to extend the moratorium on the issuance of
permits for construction or placement of wireless
OOOOO1.
Honorable City Council
February 6, 2002 Meeting
Page 2
telecommunications facilities through April 18, 2002. If the
attached draft ordinance is adopted by Council, Ordinance No. 275
would be repealed upon the effective date of the new ordinance.
STAFF RECOMMENDATION
1. Take public testimony and close the public hearing.
2. Waive full reading and introduce Ordinance No. for first
reading.
Attachments:
1. Revised Draft Ordinance
2. Letter from MacKenzie & Albritton LLP dated 1/14/02
000002
ATTACHMENT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, 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,
AND REPEALING ORDINANCE NO. 275 UPON THE
EFFECTIVE DATE OF THIS ORDINANCE
WHEREAS, on July 19, 2001, the City Council adopted Interim
Ordinance No. 272, enacting for a period of 45 days a moratorium
on the issuance of permits for construction or placement of
Wireless Telecommunications Facilities in the City and declaring
the urgency thereof; and
WHEREAS, on August 29, 2001, the City Council considered
the status of interim prohibition of Wireless Telecommunications
Facilities and extension of Ordinance No. 272, and adopted
Ordinance No. 273, extending Ordinance No. 272 for a period of
135 days; and
WHEREAS, on July 19, 2001, the Planning Commission
conducted a duly noticed public hearing on a proposed ordinance
to regulate Wireless Communications Facilities within the City
of Moorpark and adopted a resolution recommending City Council
approval of the draft ordinance; and
WHEREAS, on December 5, 2001, and January 16, and February
6, 2002, the City Council conducted a duly noticed public
hearing on a proposed ordinance to regulate Wireless
Communications Facilities within the City of Moorpark and
reached its decision on February 6, 2002.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the proposed
amendment to Title 17, Zoning, is exempt from the California
Environmental Quality Act based on Section 15308 of the State
California Environmental Quality Act Guidelines.
SECTION 2. Title 17, Zoning, of the Moorpark Municipal
Code is hereby amended by adding Chapter 17.42 to read as
follows:
S: \Community Development\Everyone \Ordinances \Wireless Communication \020206 CC Mtg Draft Wireless Com Facilities
Ord.doc 000003
Ordinance No.
Page 2
"Chapter 17.42 WIRELESS COMMUNICATIONS FACILITIES
Sections:
17.42.010
PURPOSE.
17.42.020
DEFINITIONS.
17.42.030
APPLICABILITY.
17.42.040
DISTANCES.
17.42.050
REGULATIONS FOR BOTH MAJOR AND MINOR WIRELESS
COMMUNICATIONS FACILITIES.
17.42.060
REQUIRED FINDINGS FOR BOTH MAJOR AND MINOR
WIRELESS COMMUNICATIONS FACILITIES.
17.42.070
_
ADDITIONAL REGULATIONS FOR MINOR FACILITIES.
17.42.080
ADDITIONAL REGULATIONS FOR MAJOR FACILITIES.
17.42.090
PUBLIC PROPERTY FACILITIES.
17.42.100
APPEAL OR REVIEW AND NOTICES.
17.42.110
RESERVATION AND RIGHT TO REVIEW PERMITS.
17.42.120
FACILITY REMOVAL.
17.42.130
TEMPORARY USE DURING DECLARED EMERGENCY.
17.42.010 PURPOSE.
A. The purpose of these requirements and guidelines is to
regulate the location and design of Wireless Communications
Facilities as defined herein to facilitate the orderly
deployment and development of wireless communications services
in the City of Moorpark, to ensure the design and location of
Wireless Communications Facilities are consistent with policies
of the City previously adopted to guide the orderly development
of the City of Moorpark to promote the public health, safety,
comfort, convenience, quality of life and general welfare of the
City's residents, to protect property values and enhance
aesthetic appearance of the City by maintaining architectural
and structural integrity, and by protecting views from obtrusive
and unsightly accessory uses and Facilities.
B. In adopting and implementing the regulatory provisions
of this Ordinance, it is the intent of the Moorpark City Council
to further the objectives specified above, and to create
reasonable regulations in conformance with the provisions of the
Telecommunication Act of 1996 without unnecessarily burdening
the federal interests in ensuring access to telecommunication
services, in promoting fair and effective competition among
competing communication service providers, and in eliminating
local restrictions and regulations that, with regard to
rrr��
Ordinance No.
Page 3
antennas, may preclude reception of an acceptable signal quality
or may unreasonably delay, prevent, or increase the cost of
installation, maintenance, or use of such antennas.
C. The Moorpark City Council has found and determined that
these requirements and guidelines for Wireless Communications
Facilities are necessary to attain such purposes.
D. These regulations are intended to supersede any
applicable provisions of Title 17, Zoning, hereinafter in this
Chapter referred to as the Moorpark Zoning Code, pertaining to
such antenna structures and appurtenant communication equipment
and to establish minimum requirements and flexible guidelines
for the governance of Wireless Communications Facilities, taking
into consideration the rapid technological advances and the
proliferation in use of Radio Communication services.
E. with regard ..... ............... .........................................................
Communications Facilities in the public right -of -way, these
regulations are intended to be reasonable time, place, and
manner......._.....regulations 1n ...... ......._accordance............_ with ............._ the..........._C ty...`- 5..........._.powers._.
California Public Utilities Code section 7901, and the
Telecommunications Act of 1996 (specifically, Title 47, United
States Code, Section 253 and Section 332-( c ) () )
7 . If an
_......._._.. .........-.-.---._------------------------ ..............--- ._.... - - - -- .............. . ..
application to place Wireless Communications Facilities in the
public right -of -way complies with the rules and guidelines set
forth in this Chapter, then the City shall issue any. necessary
......................................... ........_...................... .................... ................... ............................... .................. .........................
permits for completion of the Facilities.
17.42.020 DEFINITIONS.
For purposes <
phrases and their
herein. The word
directory. If a
Section 17.08.010
referenced.
>f this Ordinance, t
derivations shall
"shall" is always
definition is not
of the Moorpark
he following words, terms,
have the meanings given
mandatory and not merely
listed in this Chapter,
Zoning Code shall be
"Accessory Equipment" means any equipment installed,
mounted, operated or maintained in close proximity to an Antenna
Structure to provide power to the Antenna Structure or to
receive, transmit, or store signals or information received by
or sent from an antenna.
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Ordinance No.
Page 4
"Antenna Structure" means an antenna, any structure
designed specifically to support an antenna, and /or any
appurtenances mounted on such structure or antenna.
"Colocation" or "Colocated" means the location of multiple
antennas which are ^ithe -rmay be owned or operated by Faere than
one (1) or more service providers at a single location and are
mounted to a common supporting structure, wall or building.
"Commercial Mobile Service" means any mobile service that
(1) is offered in return for monetary compensation, (2) is
available to the public or a substantial portion of the public
and (3) provides subscribers with the ability to access or
receive communication from the public switched telephone
network. Commercial Mobile Service includes, but is not limited
to, paging service, wireless data transmission, cellular
telephone service, specialized mobile radio service (SMR), and
personal communications service (PCS).
"Disguised Facility" means any Wireless Communications
Facility, which is designed to blend into the surrounding land,
typically one that is architecturally integrated into a building
or other concealing structure.
"Fixed Wireless Service" means any service providing Radio
Communication to or from Antenna Structures at fixed and
specified locations which are not designed to be moved during
operation and which offers the ability to access or receive
communication from the public switched telephone network.
"Ground Mounted" means a Wireless Communications Facility
that is Mounted to a pole, Lattice Tower or other freestanding
structure that is primarily constructed for the
purpose of supporting an antenna.
"Lattice Tower" means a tower -like structure used to
support antennae and comprised of up to two or more steel
support legs.
"Major Facility" means a Wireless Communications Facility
that is either Ground Mounted; —or is Roof Mounted, and previ-ded
that the Roof Mounted Facility is not —serve I on all e14:r Qi'des
by selid material that is arehiteetarally eempatible with the
surr-e„ing land a minor facility, or the Roof Mounted
Facility exceeds the maximum building height of the applicable
zoning district in which the Major Facility is located, or the
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Ordinance No.
Page 5
Roof Mounted Facility is not a Disguised Facility or a Stealth
Facility.
"Microwave Communication" means the transmission or
reception of Radio Communication at frequencies of a microwave
signal (generally, in the 3GHz to 300GHz frequency spectrum).
"Minor Facility" means a Wireless Communications Facility
that is Wall Mounted, Utility Mounted, or Roof Mounted as
follows: (1) If Wall Mounted, the Facility is architecturally
compatible with the building structure and surrounding land
uses; (2) if Utility Mounted, the Facility is required to be
compatible with surrounding land uses, must be proposed for
attachment to an existing above - ground structure, and comply
with all other provisions of Section 17.42.070.B, 17.42.070.C,
and 17.42.070.D of this Code; and (3) If Roof Mounted, the
entire Facility must be screened with solid material on four
sides, must be architecturally compatible with surrounding land
uses, and must not exceed the maximum building height of the
applicable zone district in which the Facility is located; and
(4) If Wall Mounted, Utility Mounted, or Roof Mounted, qualifies
as a Discuised Facility or a Stealth Facility.
"Mobile Service" means any temporary service providing
Radio Communication to or from at least one ( 1) antenna that is
designed to be moved during operation or used during halts at
unspecified locations; or as otherwise defined in 47 USCS
Section 153 and interpreted by the Code of Federal Regulations
and the Federal Register.
"Mounted" means any manner of attachment, support, or
connection, whether on ground or on a structure.
"Multipoint Distribution Service" means a microwave
communication service that delivers video programming directly
to subscribers, including multichannel, multipoint distribution
services, instructional television fixed services, and local
multipoint distribution services, or as otherwise defined by the
Section 207 of the Telecommunications Act of 1996, Section
1.4000 of Title 47 of the Code of Federal Regulations and any
interpretive decisions thereof issued by the Federal
Communications Commission.
"Radio Communication" means the transmission and /or
reception of impulses, writing, signs, signals, pictures, and
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Ordinance No.
Page 6
sounds of all kinds through space by means of electromagnetic
waves.
"Roof Mounted" means a Facility that is mounted on any
structure that is not specifically constructed for the purpose
of supporting antennae, in any manner that does not satisfy
either the definition of Wall Mounted or Utility Mounted, and is
typically mounted on the roof of a building.
"Satellite Antenna" means a device used to transmit and /or
receive radio or electromagnetic waves between terrestrially and
orbitally -based uses. This definition is meant to include, but
not limited to, what are commonly referred to as satellite earth
stations, TVRO's (Satellite Television Receiving Antenna), and
satellite microwave antennas.
"Stealth Facility" means any Wireless Communications
Facility which is disguised to appear as another natural or
artificial object that is prevalent in the surrounding
environment or which is architecturally integrated into a
building or other concealing structure.
"Utility Mounted" means a Facility that is Mounted to an
wing— above- ground structure that is primarily
designed and eri -^ally installed to support electrical power
lines, cable television lines, street lighting, traffic signal
equipment, park lighting or a structure on public or private
property deemed by the City to be similar in nature.
"Wall Mounted" means a Facility that is Mounted on any
vertical surface or nearly vertical surface of a building or
other existing structure that is not specifically constructed
for the purpose of supporting an antenna i.e., the exterior
walls of a building, an existing parapet, the side of a water
tank, the face of a church steeple, or the side of a
freestanding sign such that the highest point of the Antenna
Structure is at an elevation equal to or lower than the highest
point of the surface on which it is Mounted.
"Wireless Communications Facility" or "Facility" means an
Antenna Structure and any appurtenant Facility or Accessory
Equipment located within City limits and that is used in
connection with the provision of Wireless Service.
"Wireless Service" means any type of Wireless Service
providing Radio Communication that satisfies the definition of
tt�ltt;
Ordinance No.
Page 7
Commercial Mobile Service, Fixed Wireless Service, or Wireless
Video Service.
"Wireless Video Service" means any service providing Radio
Communication, which delivers video programming.
17.42.030 APPLICABILITY.
A. All Wireless Communications Facilities which are
erected, located, Mounted or nedif w +.h; ^modified within the
City of Moorpark on or following the effective date of this
Ordinance shall comply with this Chapter, subject to the
categorical exemptions under Paragraph (D) of this Section,
provided that:
1. All Facilities for which applications were
determined complete by the Community Development Department
prior to the effective date of this Ordinance shall be exempt
from the regulations and guidelines of this Chapter and shall be
subject to Chapter 17.52 of the Moorpark Zoning Code regulating
nonconforming structures and uses and any other applicable
permit requirements of the Moorpark Zoning Code.
2. All Facilities for which building permits were
issued by the City of Moorpark prior to the effective date of
this Ordinance shall be exempt from the regulations and
guidelines of this Chapter, and shall be subject to the
regulations and guidelines of Chapter 17.52 of the Moorpark
Zoning Code, regulating nonconforming structures and uses,
unless and until such time as Paragraph (A) of this Section
applies.
B. All Facilities for which building permits and any
extension thereof have expired shall comply with the provisions
of this Chapter.
C. All Facilities constructed or erected prior to the
effective date of this Ordinance that are in violation of
applicable laws, ordinances, or other regulations shall be
considered an illegal nonconforming Facility, no longer
permitted, and shall be subject to abatement as a nonconforming
use pursuant to Section 17.52.060 of the Moorpark Zoning Code.
D. The following uses shall be exempt from the provisions
of this Chapter until such time as federal regulations are
repealed or amended to eliminate the necessity of the exemption:
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Ordinance No.
Page 8
1. Any Antenna Structure that is one (1) meter
(39.37 inches) or less in diameter and is designed to receive
direct broadcast satellite service, including direct -to -home
satellite service, as defined by Section 207 of the
Telecommunications Act of 1996, Title 47 of the Code of Federal
Regulations, and any interpretive decisions thereof issued by
the Federal Communications Commission;
2. Any Antenna Structure that is two (2) meters
(78.74 inches) or less in diameter located in a commercial or
industrial zone and is designed to transmit or receive Radio
Communication by Satellite Antenna;
3. Any Antenna Structure that is one (1) meter
(39.37 inches) or less in diameter or diagonal measurement and
is designed to receive Multipoint Distribution Service, provided
that no part of the Antenna Structure extends more than eight
feet (81) above the principal building on the same lot.
E. The following uses shall be exempt from the provisions
of this Chapter, so long as the Antenna Structure complies with
all other zoning requirements:
1. Any Antenna Structure that is designed and used
solely to receive UHF, VHF, AM, and FM broadcast signals from
licensed radio and television stations.
2. Any Antenna Structure that is designed and used
solely in connection with authorized operations of an amateur
radio station licensed by the FCC (i.e., a "HAM" radio
transmission).
17.42.040 DISTANCES.
For the purpose of this Chapter, all distances shall be
measured in a straight line without regard to intervening
structures, from the nearest point of the proposed Majer
Facility to the relevant property line at a point five (5) feet
above ground level.
17.42.050 REGULATIONS FOR BOTH MAJOR AND MINOR WIRELESS
COMMUNICATIONS FACILITIES.
A. Both Major and Minor Facilities shall be erected,
located, Mounted, operated and maintained at all times in
compliance with this Chapter and all applicable laws and
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Ordinance No.
Page 9
regulations of the City, the State of California, and the United
States of America.
B. Both Major and Minor Facilities are conditionally
permitted as a Wireless Communications Facility in the
applicable zoning district as set forth in Section 17.20.050,
Table 17.20.050, and Section 17.20.060, Table 17.20.060, of the
Moorpark Zoning Code.
C. Application Requirements and Procedures.
1. Both Major and Minor Facilities proposed to be
erected, located, Mounted, operated and maintained at all times
shall require a Conditional Use Permit (CUP). Each applicant
applying for a CUP shall submit a completed CUP application in
accordance with the requirements set forth in Chapter 17.44 of
the Moorpark Zoning Code, and such additional or different
requirements as are made applicable by this Chapter.
2. The scaled Site Plan and Facility Elevations
required for the City CUP application shall include the
following information:
a. The proposed location of the Wireless
Communications Facility including access;
b. The elevations of the Wireless
Communications Facility with dimensions identified;
structure(s);
C. The height of any existing or proposed
d. The location of any Accessory Equipment;
e. The location of all guy- wires;
f. The location of all above and below ground
wiring and connection cables;
g. The location of existing or proposed
easements on the property affecting the Facility;
h. The height of any panels, microwave dishes,
or whip antennas, above ground level;
i. The distance between the Antenna Structure
and any existing or proposed Accessory Equipment; and
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Ordinance No.
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j. Any other necessary information as may be
required by the Director of Community Development.
3. Any application that is improperly submitted or
fails to contain all of the information as required by the
Moorpark Zoning Code, including this Chapter, shall be deemed
incomplete.
4. Each application shall contain a letter of
justification accompanied by written documentation that explains
and Tida-tes the applicant's efforts to locate the Facility in
accordance with the screening and site selection guidelines set
forth in Paragraph (D) of this Section.
5. Each application shall contain a narrative and
map that discloses the exact location and nature of any and all
existing Facilities that are owned, operated or used by the
applicant within the City of Moorpark, or within five one (1 §)
mile-& of its geographic borders, as well as any proposed or
planned sites within said boundary that may reasonably be known
to the applicant at the time the application is made.
6. Each application shall contain a narrative and
appropriate maps that disclose the geographic area(s) within the
City of Moorpark that will be serviced by the proposed Facility,
the geographic area(s) bordering the City of Moorpark, if any,
that will be serviced by the proposed Facility, the nature of
the service to be provided or purpose of the Facility, the
reasons, if any, why the applicant cannot locate the Facility
outside the City of Moorpark, and the efforts, if any, that
applicant has made to locate the Facility outside the City of
Moorpark.
7. Each application shall contain a radio - frequency
(RF) report prepared by a qualified RF engineer acceptable to
the City to demonstrate that the proposed Facility, as well as
any Colocated Facilities, complies with current Federal RF
emission standards. This RF report shall also include signal
strength exhibits.
8. Each application shall contain computerized
visual assessments or other exhibits equivalent in a form and
manner acceptable to the Director of Community Development
showing the before and after visual appearances of the proposed
Facility.
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9. Each application shall contain a description of
the required maintenance visits to the site and security
proposed to protect the site from vandalism and trespass.
10. Each application shall contain a preliminary
environmental review in accordance with the City submittal
requirements, with special emphasis placed upon the nature and
extent of visual, public, health, and safety impacts to the
extent permitted by Federal law.
11. Each application shall contain evidence of any
required licenses and approvals to provide Wireless Services in
the City.
12. Notwithstanding any permit that may be granted in
accordance with this Chapter, the Facility shall be erected,
located, Mounted, operated and maintained at all times in
compliance with this Chapter and all applicable laws,
regulations and requirements of the Building Code, and every
other code and regulation imposed or enforced by the City of
Moorpark, the State of California, and the United States Federal
Government. Applicants are separately required to obtain all
applicable building and construction permits that may be
required prior to erecting or installing the Facility.
13. The Director of Community Development shall
determine applicable entitlement processing fees and deposits
for the application, as established by City Council resolution,
including any applicable contract staff fees and /or deposits for
the purpose of peer review of the CUP application submittals.
D. General Development Requirements. The Facility shall
comply with each of the following requirements:
1. A Facility shall not bear any signs or
advertising devices other than certification, public safety,
warning, or other required seals or required signage.
2. Any and all Accessory Equipment, or other
equipment associated with the operation of the Facility,
including but not limited to transmission cables, shall be
located within a building, an enclosure, or underground vault in
a manner that complies with the development standards of the
zoning district in which such equipment is located. In
addition, if equipment is located above ground, it shall be
visually compatible with the surrounding buildings and either
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Ordinance No.
Page 12
shrouded by sufficient landscaping to screen the equipment from
view, or designed to match the architecture of adjacent
buildings. If Accessory Equipment will be visible from a
residential area or an arterial street, the applicant shall
provide a solid masonry block wall that will screen the
equipment from the residential area or another material, such as
landscaping, that is acceptable to the Director of Community
Development. If no recent and /or reasonable architectural theme
is present, the Director of Community Development may require a
particular design that is deemed suitable to the subject
location.
3. The Facility's exterior finish shall be comprised
of non - reflective material(s) and painted, screened, or
camouflaged to blend with the materials and colors of
surrounding buildings, structures, topography and vegetation.
4. All screening used in connection with a wall
Mounted and /or Roof Mounted Facility shall be compatible with
the architecture, color, texture, and materials of the building
or structure to which it is attached.
5. Facilities may not be illuminated unless
specifically required by the Federal Aviation Administration or
other governmental agencies.
6. The applicant, and the property owner if
different from the applicant, shall eens ;nom }onot enter into any
exclusive agreement which prohibits future Colocation of other
Facilities on or with the applicant's Facility, unless
technological requirements preclude that Colocation.
E. Setback Requirements and Guidelines. If the Facility
is proposed to be located in an Open Space, Agricultural or
Residential zone or within two hundred (200) feet of a
residential use in any zone district, then the Facility shall at
a minimum comply with the main structure setback requirements
for such zone as specified in Tables 17.24.020A and 17.24.020B
of the Moorpark Zoning Code, with the exception of Utility
Mounted Facilities, if all other requirements in Sections
17.42.070.B, 17.42.070.C, and 17.42.070.D can be met. In
Commercial and Industrial zones, the Facility shall at a minimum
comply with the building setback requirements from the edge of
roadway right -of -way as specified in Table 17.24.020B of the
Moorpark Zoning Code, with the exception of Utility Mounted
Facilities, if all other requirements in Sections 17.42.070.B,
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Ordinance No.
Page 13
17.42.070.C, and 17.42.070.D can be met. In all instances, the
determination of need for a larger setback for the Facility
shall be considered by the City in connection with the
processing of the CUP.
F. Screening and Site Selection Guidelines. In addition
to the above requirements, the City shall consider the following
factors in conjunction with the processing of a CUP.
1. The proposed Facility shall be designed to either
be a Disguised Facility or Stealth Facility, taking into
consideration alternate sites that are available, including
Colocation.
2. The proposed Facility sheuld shall be screened or
camouflaged by existing or proposed new topography, vegetation,
buildings, or other structures. Any such improvements shall be
appropriate for and compatible with the site and surrounding
area.
3. The total size of the proposed Facility sheuld
shall be compatible with surrounding and supporting structures.
4. If feasible, the location of the proposed
Facility sheuldshall conform to the following in order of
preference:
a. Colocated with an existing Facility or
located at a pre- approved location;
b. Attached to an existing structure such as an
existing building, communication tower, church steeple or
utility;
C. Located in an industrial zoning district;
d. Located in a commercial zoning district.
5. Proximity of the proposed Facility to residential
structures and to boundaries of residentially zoned districts.
46. The nature of existing uses on adjacent and
nearby properties.
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Ordinance No.
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$7. Proposed ingress and egress to the Facility.
17.42.060 REQUIRED FINDINGS FOR ALL WIRELESS FACILITIES.
A. Wireless Communications Facilities Findings. In
addition to the required findings for Conditional Use Permits
contained in Section 17.44.030.A.2 of the City of Moorpark
Zoning Code, the following Findings are required for every Major
and Minor Conditional Use Permit (CUP) for Wireless
Communications Facilities:
1. That the proposed Facility will not create any
significant blockage to public views; and
2. That the proposed Facility will be an enhancement
to the City due to its ability to provide additional
communication capabilities; and
3. That the proposed Facility will be aesthetically
integrated into its surrounding land uses and natural
environment; and
4. That the proposed Facility will comply with FCC
regulations regarding interference with the reception or
transmission of other Wireless Service signals within the City
and surrounding community; and
5. That the proposed Facility will operate in
compliance with all other applicable Federal regulations for
such Facilities, including safety regulations; and
6. That the public need for the use of the Facility
has been documented.
7. That the applicant will provide at its own
expense a field survey or other method consistent with Federal
law to provide written verification that the Facility is in
compliance with applicable Federal regulations regarding
electromagnetic frequency emi.ssion.s. Such fi.el.d survey shall be
...........-
provided to the City upon request, not to exceed one such
request in any 24 -month period.
B. If the Planning Commission does not approve an
application for such Conditional Use Permit, the Planning
Commission shall make a written determination supported by
findings as required by 47 U.S.C. § 332(c)(7)(B)(iii).
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Ordinance No.
Page 15
17.42.070 ADDITIONAL REGULATIONS FOR MINOR FACILITIES.
In addition to the requirements of Sections 17.42.040 and
17.42.060 of this Chapter, the following requirements shall
apply to the following types of Facilities:
A. Minor Facility Height Requirements. Notwithstanding
any other provision in the Moorpark Zoning Code, no Minor
Facility shall exceed the maximum building height for the
applicable zoning district unless such Facility receives
Planning Commission approval, has been designed as a Disguised
or Stealth Facility, and:
1. The applicant demonstrates that exceeding the
height limitation is necessary for operation of the Facility; or
2. The Facility is Colocated, or contains adequate
space suitable for future Colocation, and the height in excess
of zoning requirements is necessary to the proposed shared use.
B. Utility Mounted Facilities — Vertical Extensions. A
Utility Mounted Facility may, if approved by the Planning
Commission, exceed the maximum building height limit for the
applicable zoning district. The extent that the Utility Mounted
Facility exceeds the height of the existing utility pole or
structure and the need for such height increase shall be taken
into consideration by the City in conjunction with the
processing of the CUP for the Utility Mounted Facility.
C. Utility Mounted Facilities - Horizontal Extension.
The extent that the Utility Mounted Facility protrudes or
extends horizontally from the existing utility pole or structure
shall be taken into account by the City in conjunction with its
processing of a CUP for a Utility Mounted Facility. A Utility
Mounted Facility may not protrude or extend horizontally more
than eighteen -thirty- six (364 4) inches from the existing utility
pole or structure unless the applicant demonstrates a technical
need for such extension in order to provide service or to comply
with the regulations and requirements of the utility pole owner.
D. Additional Requirement for All Utility Mounted
Facilities. Any Accessory Equipment accompanying or that forms
part of the Utility Mounted Facility, and is located on the
ground in the area surrounding the utility pole or structure,
shall be visually compatible with the surrounding environment,
such as shrouded by sufficient landscaping to screen the
00001.'7
Ordinance No.
Page 16
Accessory Equipment from view, and /or designed to match the
architecture of adjacent buildings. If Accessory Equipment will
be visible from a residential area or an arterial street, the
applicant shall provide a solid masonry block wall or another
material, such as landscaping, that will screen the equipment
from view, as determined acceptable by the Planning Commission.
17.42.080 ADDITIONAL REGULATIONS FOR MAJOR FACILITIES.
In addition to the requirements of Sections 17.42.050 and
17.42.060, the following requirements shall apply to the
following types of Facilities:
A. Location Requirements.
1. No portion or extension of a Major Facility shall
protrude beyond property lines or extend into any portion of
property where such Facility is not itself permitted; provided,
however, that the City may approve the location of guy wires in
a required setback if such approval is consistent with the
guidelines and requirements set forth in this chapter.
2. Latticed Towers shall not be located in any Zone
except M -2 and I, and shall not be located within two hundred
(200) feet of any property containing a residential structure.
3. A Ground Mounted Facility shall not be located in
a required parking area, vehicle maneuvering area, vehicle/
pedestrian circulation area or area of landscaping such that it
interferes with, or in any way impairs, the utility or intended
function of such required area.
4. A Ground Mounted Facility shall not be permitted
unless the reviewing authority makes the additional finding
that, based upon evidence submitted by the applicant, no
existing building or support structure can reasonably
accommodate the proposed Facility. Evidence supporting this
finding will be reviewed by the reviewing authority and may
consist of any of the following:
a. No existing buildings or support structures
are located within the geegraphie area in near proximity of the
proposed perimeter of service area will provide the service
coverage necessary for applicant to provide wireless services
within the proposed perimeter of service areate servedby —#ire
000018
Ordinance No.
Page 17
b. Existing buildings or support structures are
not of sufficient height or structural strength to satisfy the
applicant's operational or engineering requirements.
C. The applicant's proposed Facility would
create electromagnetic interference with another Facility on an
existing structure, or the existing Facility on a building or
support structure would create interference with the applicant's
proposed Facility.
d. The costs, fees, or contractual provisions
required by a property owner, or by an incumbent Wireless
Service provider, in order to Colocate a new Facility on an
existing building or structure, or to adapt an existing building
or structure for the location of the new Facility, are
unreasonable.
e. There are other limiting factors that render
existing buildings and structures unsuitable for use by the
applicant.
5. If the proposed Major Facility cannot be
Colocated, it must be sited at least 1,500 feet from any
existing Major Facility unless the reviewing authority
determines that a shorter distance is required for technological
reasons, or that it would result in less visual obtrusiveness in
the surrounding area.
B. Additional Design Requirements.
1. A Ground Mounted Facility shall be secured from
access by the general public with a fence of a type or other
form or screening approved by the Planning.Commission.
2. A Ground Mounted Facility shall be covered with a
clear anti - graffiti material of a type approved by the Planning
Commission. The Planning Commission may grant an exception to
this requirement if the applicant demonstrates to the
satisfaction of the Planning Commission that there is adequate
security around the Facility to prevent graffiti.
C. Height Requirements. Notwithstanding any other
provision in the Moorpark zoning Code, no Major Facility shall
exceed the maximum building height for the applicable zoning
district in which the Facility is proposed to be located, nor
shall a Roof Mounted Facility exceed the height of the structure
00009
Ordinance No.
Page 18
on which it is mounted by more than the minimum amount necessary
for operation and safety, not to exceed ten (10) feet. Any
application for a permit exceeding these height limits shall not
be approved unless the Planning Commission determines that the
Major Facility has been designed as a Disguised or Stealth
Facility and:
1. The applicant demonstrates that exceeding the
height limitation is reasonably necessary for operation of the
Facility; or
2. The Facility is Colocated, or contains adequate
space suitable for future Colocation, and the excess in height
is reasonably necessary to the proposed shared use.
D. Additional Screening and Site Selection Guidelines.
The following screening and site selection guidelines shall be
considered by the City in conjunction with the processing of all
Major Facility CUPS:
1. A Major Facility sheuld —shall not be located
within two hundred (200) feet of any property containing a
residential use.
2. If technical data require the placement of a
Major Facility to be located within 1,500 feet of an existing
Major Facility, under Subsection 17.42.080.A.5, the new Major
Facility shed —shall be located at least five hundred (500)
feet from the existing Major Facility.
3. A Ground Mounted Facility sheald be located
in close proximity to existing above ground utilities, such as
electrical tower or utility poles (not scheduled for removal or
undergrounding in the next eighteen (18) months), light poles,
trees of comparable height, water tanks and other areas where
the Facility will not detract from the image or appearance of
the City.
4. A Roof Mounted Facility that extends above the
existing parapet of the building on which it is mountedsheula
shall be screened by a material and in a manner that is
compatible with the existing design, color and architecture of
the building.
5. A Roof Mounted Facility, requiring the placement
of any guy wires, supporting structures, or Accessory Equipment
000020
Ordinance No.
Page 19
eheuld shall be located and designed so as to minimize the
visual impact as viewed from surrounding properties and public
streets, including any pertinent public views from higher
elevations.
6. No part of a Ground Mounted Facilitysheuld —shall
be located in any required setback.
17.42.090 PUBLIC PROPERTY FACILITIES.
A. Pre - Approved Locations.
1. The City may approve by Resolution, following a
duly noticed public hearing, a list of sites located on public
property or within the public right -of -way and which are
approved for Minor and Major Facilities. Each site shall
include a description of permissible development and design
characteristics, including but not limited to maximum height
requirements. The City shall make said Resolution available to
all persons upon request. The approved list of locations may be
subsequently amended by Resolution from time to time.
2. All Facilities located on a public property site,
which is pre- approved in accordance with this Section following
the effective date of this Ordinance, must obtain approval of an
GUP— Administrative Permit in accordance with the Moorpark Zening
Municipal Code Chapter 17.44, and any additional or different
requirements made applicable by this Chapter.
3. All leases of a public property that is pre -
approved in accordance with this Section shall be non - exclusive.
The operator of a Facility located on such public property shall
make the supporting structure of the Facility available to any
other applicant wishing to Colocate to the extent technically
feasible.
B. Requirement for Separate Lease Agreement. Any lease of
City -owned property for the purpose of erecting a Wireless
Communications Facility shall require a negotiated lease
agreement or other written license granted by the City of
Moorpark. The existence of a lease agreement or license shall
not relieve an applicant of any obligations to obtain
appropriate permits hereunder or otherwise comply with the
Moorpark Zoning Code.
17.42.100 APPEAL OR REVIEW AND NOTICES.
0 0001
Ordinance No.
Page 20
Any applicant —er, the operator and /or owner of a Facility,
or member of the City Council may appeal a final decision of the
Director of Community Development or the Planning Commission.
All appeals shall be processed in accordance with Moorpark
Zoning Code Section 17.44.090 including payment of required
fees.
17.42.1 -210 RESERVATION OF RIGHT TO REVIEW PERMITS.
A. Changed Circumstance. Any Conditional Use Permit
granted or approved pursuant to this Chapter shall be granted or
approved by the City and its Planning Commission with the
reservation of the right and jurisdiction to review and modify
the permit (including the conditions of approval) based on
changed circumstances. Changed circumstances include, but are
not limited to, the following in relation to the approved
Facility as described and diagramed in the related Site Plan:
increased height or size of the Facility; additional impairment
of the views from surrounding properties; change in the type of
antenna or supporting structure; changed color or materials;
substantial change in location on the site; and an effective
increase in signal output above er near the Maximum Permissible
Exposure (MPE) limits imposed by the Revised Radio frequency
Emissions Guidelines by the Federal Communications Commission.
B. Additional Right to Revoke for Violation. The
reservation of right to review any permit granted or approved
hereunder by the City, its Planning Commission and /or City
Council is in addition to, and not in lieu of, the right of the
City, its Planning Commission and /or City Council to review and
revoke or modify any permit granted or approved hereunder for
any violations of the conditions imposed on such permit pursuant
to Section 17.44.070 of the Moorpark Zoning Code.
C. Modification of Permit /Colocation. Upon review, any
changed circumstance as determined by the Director of Community
Development shall require the application and approval of a
modification to the original Conditional Use Permit, provided
that any modification to accommodate Colocated Facilities may be
approved administratively without the approval of the Planning
Commission.
17.42.120 FACILITY REMOVAL.
A. Discontinued Use. The operator of a lawfully erected
Facility, and the owner of the premises upon which it is
000022
Ordinance No.
Page 21
located, shall promptly notify the Director of Community
Development in writing in the event that use of the Facility is
discontinued for any reason., In the event that discontinued use
is permanent, then the owner(s) and /or operator(s) shall
promptly remove the Facility, repair any damage to the premises
caused by such removal, and restore the premises as appropriate
so as to be in conformance with applicable zoning codes. All
such removal, repair and restoration shall be completed within
ninety —one- hundred eighty (18 -40) days after the use is
discontinued, and shall be performed in accordance with all
applicable health and safety requirements. For purposes of this
paragraph, a discontinued use shall be permanent unless the
Facility is likely to be operative and used within the
immediately following threesix -month period.
B. Abandonment. A Facility that is inoperative or unused
for a period of six (6) continuous months shall be deemed
abandoned. An abandoned Facility shall be a public nuisance,
subject to abatement pursuant to the provisions of Chapter 1.12
of the Moorpark Municipal Code. To facilitate removal of an
abandoned Facility, all Wireless Communications Facility
projects shall be conditioned to require a surety be provided to
the City prior to building permit approval to guarantee removal
of equipment and structures if the City determines the Facility
to be abandoned and a public nuisance.
C. Utility Mounted Facility Removal or Relocation. The
CUP fer --aAll Utility Mounted Facilities shall be be ee- dit ene
to require re yal removed or releeatrear- relocated of
at the Facility owner's expense when a City- approved project
requires relocation or undergrounding of the utility structure
on which the Facility is mounted. Any CUP or Administrative
Permit for a Utility Mounted Facility shall be conditioned to
require such removal or relocation at the €Facility owner's
expense, to require reimbursement of the City's costs and
expenses to remove or relocate the Facility if the Facility
owner refuses to remove or relocate the Facility when required,
and to waive any claims damage or loss (including, but not
limited to, consequential damages) resulting from the City's
removal or relocation of the Facility.
17.42.130 TEMPORARY USE DURING DECLARED EMERGENCY.
A. Temporary Use. The Director of Community Development
or City Emergency Operations Center Director shall have the
000023
Ordinance No.
Page 22
authority to approve a Temporary Use Permit for Wireless
Communications Facilities needed during a declared emergency.
The Temporary Use Permit shall contain the conditions for
removal of the temporary Facilities as soon as possible after
the conclusion of the declared emergency."
SECTION 3. Chapter 17.08, Section 17.08.010 is hereby
amended to add the following definition:
"'Wireless Communications Facility' means an Antenna
Structure and any appurtenant Facility or Accessory Equipment
located within City limits and that is used in connection with
the provision of Wireless Service as is defined in Chapter 17.42
of this Code."
SECTION 4. Chapter 17.20 is hereby amended consistent with
Exhibit A, attached hereto and incorporated herein by reference,
to amend Table 17.20.050 to add "Wireless Communications
Facility" with a footnote regarding specific regulations for
this use.
SECTION 5. Chapter 17.20 is hereby amended consistent with
Exhibit B, attached hereto and incorporated herein by reference,
to amend Table 17.20.060 to add "Wireless Communications
Facility" with a footnote regarding specific regulations for
this use.
SECTION 6. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance for any
reason is held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Chapter.
The City Council hereby declares that it would have adopted this
Chapter, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 7. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 8. Ordinance No. 275, which extended a moratorium on
... ............_.............. .................. ............................... ......._......... ............................... ...... ............................................_................_ ...................._..........
the issuance of permits for construction or placement of Wireless
000024
Ordinance No.
Page 23
Telecommunications Facilities, is hereby repealed upon the
effective date of this ordinance.
SECTION $9. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said 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 and adoption
thereof, cause the same to be published once in the Moorpark Star
a newspaper of general circulation, as defined in Section 6008 of
the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this day of
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
Attachments:
Exhibit A — Revised Table 17.20.050
Exhibit B — Revised Table 17.20.060
, 2001.
000025
Revised Table 17.20.050
Section 17.20.050 Permitted uses in open space, agricultural and special purpose zones.
Permitted uses in open space, agricultural and special purpose zones are set out in Table 17.20.050.
Note: An approved residential planned development permit is required for five (5) or more lots in
the RA, RO, R -1 and RE zones.
The key for Table 17.20.050 is as follows:
[Blank] Not permitted
♦ Permitted by zone clearance
■ Administrative permit
• Planning commission - approved planned development permit
0 City council- approved planned development permit
O Planning commission - approved conditional use permit
City council- approved conditional use permit
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND
SPECIAL PURPOSE ZONES
EXHIBIT A 000026
OS
AE
RA
RE
RO
R1
R2
RP
D
TP
I
Agriculture and agricultural operations
(no retail except as indicated).
Animal husbandry: Without structures
With structures: total GFA per lot:
Up to 1,000 sq. ft.
Over 1,000 to 5,000 sq. ft.
♦
♦
O
Over 5,000 to 20,000 sq. ft.
♦
♦
O
Over 20,000 to 100,000 sq. ft.
O
O
Over 100,000 sq. ft.
O
O
Apiculture
Fish farms
O
O
O
O
O
More animals than are permitted by
Section 17.28.030C
O
O
O
Contractors Z service and storage yards
and buildings
O
O
O
Crop production
Wholesale nursery
♦
♦
♦
♦
♦
♦
♦
♦
O
Firewood operations
O
O
O
Greenhouse, hothouses and the like:
total GFA per lot:Z
Up to 1,000 sq. ft.
1,000 to 20,000 sq. ft.
♦
♦
O
20,000 to 100,000 sq. ft.
O
O
O
Over 100,000 sq. ft.
O
O
Packing or prelim. processing, within
structures: total GFA per lot:3
Up to 5,000 sq. ft
5,001 to 20,000 sq. ft.
•
•
O
20,001 to 100,000 sq. ft.
O
O
O
Over 100,000 sq. ft.
O
Timber growing and harvesting, and
compatible uses
Dwellings, farm worker (more than one
per lot
O
O
O
EXHIBIT A 000026
Revised Table 17.20.050
Wineries
Up to 2,000 sq. ft. structure
2,001 to 20,000 s . ft. structure
O
O
O
Over 20,000 s . ft. structure
O
O
O
With public tours or tasting rooms
O
O
O
Accessory structures
To animal husbandry:
SEE WITH STRUCTURES, ABOVE
Dwelling, caretaker
O
O
O
More than one per lot
O
O
O
Offices
O
O
O
To crop production, including storage
SEE GREENHOUSE
Dwelling, farm worker: On lots of 40
acres or more
O
O
O
On lots less than 40 acres
0
0
O
More than one per lot
O
O
O
Offices
O
O
O
Produce stands, retail
Accessory uses, including open storage
Fuel storage
♦
♦
♦
♦
Insecticides for pest control
Packing, storage or prelim. processing
of crops: Without structure'
Airfields and landing pads and strips,
private
O
O
O
O
O
Animals, nonagricultural (see also
Dwellings, accessory uses and
structures)'
SEE ANIMAL HUSBANDRY
Kennels
O
O
O
Wild animals
O
Boardinghouses and bed - and - breakfast
inns
O
O
O
O
O
O
Care facilities (see also H &SC and
W &IC
Day: Care of 12 or fewer persons (State
law requirement related to day care
facilities for 7 - -12)
Care of 13 or more persons
O
O
O
O
O
O
O
Intermediate: Care of 7 or more persons
(see definitions
O
O
O
O
O
O
Residential: Care of 6 or fewer persons
♦
♦
♦
♦
♦
♦
♦
•
Care of 7 or more persons
O
O
O
O
O
O
Cemeteries
O
O
O
O
O
O
O
O
Accessory crematoria, columbaria and
mausoleums
O
O
O
Churches, synagogue and other
building used for religious worship
O
O
O
O
O
O
O
Clubhouses (no alcoholic beverages)
O
O
O
O
O
O
Communications facilities
O
O
O
O
O
O
O
O
O
O
Drilling, temporary geologic (testing
only)
O
O
O
O
O
Dwelling, single - family ' (R -P -D zone)
♦
♦
♦
♦
♦
♦
♦
•
Mobilehome, continuing nonconforming_
O
O
O
O
O
O
O
O
Affordable or elderly, built pursuant to
Chapter 17.64
Dwellings, two - family, or two single-
Page 2 of 5
00002'7
Revised Table 17.20.050
family dwellings
Affordable or elderly, built pursuant to
Chapter 17.64
0
0
Dwellings, multifamil
•
Affordable or elderly, built pursuant to
Chapter 17.64
0
Dwellings, accessory structures
For human habitation:
Mobilehome /RV as temporary dwelling
during construction
Second dwelling"
■
■
■
■
■
■
■
■
Room additions
■
■
■
■
■
■
■
■
Not for human habitation (with or
without bathroom):
Second story patio/deck
■
■
■
■
■
■
■
■
Accessory structure over 120 s . ft.
■
■
■
■
■
■
■
■
Over 1,000 sq. ft. per structure; or over
2,000 s . ft. per lot
O
O
O
O
O
O
O
O
Antenna, ground- mounted
(noncommercial), above 40 ft.Z
O
O
O
O
O
O
O
O
O
Dwellings, accessory uses
Animals
Apiculture
Aviaries
O
O
O
O
Farm animals (other than
horses/ ponies)
♦
♦
♦
♦
♦
O
Horses/ponies2
O
Pet animals
More animals than are permitted by
Section 17.28.030C
O
O
O
O
O
O
O
Wild animals
O
O
O
Commercial uses, minor, for project
residents
•
Home occupation
Storage, open ,
Education and training
Colleges and universities
O
O
Schools, elementary and secondary
(boarding and nonboardin )
O
O
O
O
O
O
O
Energy production from renewable
sources
O
O
O
O
Festivals and similar events, temporary
outdoor
!
O
O
O
Government buildings
O
O
O
O
O
O
O
O
Correctional institutions
O
Fire stations
O
O
O
O
O
O
O
O
O
Law enforcement facilities
O
O
O
O
O
O
O
Grading
♦
♦
♦
♦
I ♦
♦
♦
Within an overlay zone
SEE CHAPTER
17.36
Hospitals
1
O
O
Hospitals for large animals
O
O
Libraries
O
O
O
O
O
O
O
Mineral resource development
O
O
O
Mining and accessory uses2
O
O
O
Less than 9 months in duration
O
O
O
O
Page 3 of 5 0 00028
Revised Table 17.20.050
Public works maintenance
♦
♦
♦
♦
♦
•
•
•
•
Oil and as exploration and production 2
O
O
O
O
Mobilehome parks 2
O
O
O
O
O
O
Model homes /lot sales'; 2 years
♦
♦
♦
♦
•
More than 2 years
O
O
O
O
O
O
Motion picture and TV production, and
related activities and structures
O
O
O
O
O
O
O
O
O
Temporary (maximum 42 days in any
180-day eriod)I'2
♦
♦
♦
♦
♦
♦
•
•
Pipelines and transmission lines,
aboveground 2
O
O
O
O
O
O
O
O
O
O
Public utility facilities, excluding offices
and service yardsi
O
O
O
O
O
O
O
O
O
O
Recreational sport and athletic facilities
Cams
O
O
O
Campgrounds
O
O
O
O
Community centers
O
O
O
O
O
For farm workers and nonprofit farm
community organizations
O
O
O
Fields, athletic
O
O
O
O
O
O
Geothermal spas
Golf courses, except miniature of
O
O
O
O
O
O
O
O
Parks
♦
O
♦
♦
♦
♦
♦
•
O
With buildings
O
O
O
O
O
O
O
O
O
Periodic outdoorsporting events
O
Recreational vehicle arks
O
O
O
Recreation projects, city- initiated
Caretaker recreational vehicle,
2
accessor
Retreats': Without sleeping facilities
O
O
O
With sleeping facilities
O
O
O
O
Riding stables
O
O
O
O
With accessory lodging facilities
O
O
Shooting ranges and gun clubs
Signs (see also Section 17.20.040 and
Chapter 17.40)
Storage of building materials,
temporary z
Trees and native vegetation: Removal,
relocation or damage I
Within an overlay zone
SEE CHAPTER 17.36
Uses and structures, accessory (other
than to a ric. animals or dwellings)
♦
♦
♦
♦
♦
♦
♦
♦
O
O
To a use requiring a PD permit or CUP
Dwelling, caretaker
SEE SECTION 17.44.080A
Waste treatment and disposal
O
O
O
O
O
Water production, storage and
distribution facilities:
Private pu rveyors
O
O
O
O
O
O
O
O
O
O
Wireless communications facilities5 O O O O O O O O O O
Notes for Table 17.20.050:
Page 4 of 5 000029
Revised Table 17.20.050
1. See also Section 17.20.040.
2. There are specific regulations for this use; see Chapter 17.28.
3. See Chapter 17.32 for parking standard.
4. Most public water facilities are exempt from these regulations.
5 'There are specific regulations for this Use, Chapter 17.42 including an Administrative
Permit requirement for a pre- approved location on public property.
(Ord. 264 § 2 (part), 1999; Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 -4), 1994)
Page 5 of 5 00 0030
Revised Table 17.20.060
Section 17.20.060 Permitted uses in commercial and industrial zones.
Permitted uses in commercial and industrial zones are set out in Table 17.20.060.
Note: All uses located in the M -1 and M -2 zones which at the property line are adjacent to
residentially zoned property shall require a city council - approved conditional use permit prior to
occupancy of the building.
The key for Table 17.20.060 is as follows:
[Blank] Not permitted
♦ Permitted by zone clearance
• Planning commission - approved planned development permit
0 City council- approved planned development permit
O Planning commission - approved conditional use permit
�t City council- approved conditional use permit
0 Administrative permit required
Temporary use permit
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
EXHIBIT B
00003J.
C2
CO
C1
CPD
M1
M2
I
GOT
Airfields and landing ads and strips, private
O
O
O
Airports
O
O
Alcoholic bevera e
Establishments selling beer and/or wine with an
eating lace
0
0
0
0
0
0
Establishments selling alcoholic beverages other
than beer and wine with an eating lace
*
•
•
Amusement and recreational facilities (see
definitions in Ch. 17.08)
•
O
•
Amusement parks and carnivals
O
O
Arcades
O
O
Batting cages and golf driving ranges, indoor
O
O
Bicycle racing tracks, outdoor
O
O
Health club/ gymnasium see definitions)
•
•
O
Martial arts and dance studios
•
•
O
Motion picture theaters, outdoor (drive -in)
O
O
Racetracks (for motorized vehicles), shooting
ranges and stadiums
PROHIBITED
Art galleries, museums and artisan workshops
♦ 10
•
O
•
Automobile repair, including component repair
Automobile service stations
•
•
Banks and related financial offices and
institutions
•
•
•
•
Barber, hairstylists, manicurists
•
Tanning centers
•
Bars, taverns and nightclubs
O
O
Botanical gardens
•
O
•
Care facilities: For 7 or more persons (see also
H &SC and W &IC
Intermediate and residential
O
O
O
EXHIBIT B
00003J.
Revised Table 17.20.060
Care facilities: For 9 or more persons (Da)
O
Car washes, self - service or automatic
O
O
Cemeteries, columbaria and mausoleums
O
O
O
Crematoria, accessory
O
O
O
Churches, synagogues and other buildings used
for religious worshi 5
O
•
•
O
O
O
Clubhouses
O
•
O
O
O
O
With alcoholic beverages
•
O
O
O
O
Club projects, temporary outdoor
O
O
O
O
Communications facilities
O
O
O
O
O
O
O
Radio and television broadcasting stations
O
•
•
O
O
Conference center /convention center
O
O
Contractor service and storage yards and
buildings
•
Crop production
Firewood operations
O
O
Uses and structures, accessory
Dwelling, farm worker (maximum one per lot)
O
O
Fuel storage
♦
Offices
O
O
Packing, preliminary processing, or storage of
crops: Without structures4
Produce stands, retail
Dog and cat groorning
O
Dressmaking and tailor shops
•
Drilling, temporary eolo is (testing only)
O
O
Dwelling for superintendent or owner
Dwelling, caretaker
O
Education and training
Colleges and universities
O
•
O
Schools: Elementary and secondary (nonboarding
onl 2,3
•
•
•
•
•
O
Schools: Professional, vocational, art, craft and
self-improvement
O
O
•
•
O
Energy production from renewable sources
O
O
Festivals and similar events, temporary outdoor
O
O
Government buildings, excluding correctional
institutions
•
•
•
•
O
f
Fire stations
•
•
•
O
O
O
Libraries and information center
Grading
Within an overlay zone
SEE CHAPTER
17.36
Grading not in conjunction with a development
project
Less than 5,000 cubic yards
More than 5,000 cubic yards
O
Health club/ gymnasium see definitions
•
Health services such as professional offices and
outpatient clinics
•
•
•
O
O
Ambulance services
O
•
•
O
Hospitals
O
O
O
Pharmacy, accessory retail, for prescription
pharmaceuticals only
•
•
•
Page 2 of 7
000032
Revised Table 17.20.060
Hotels, motels and bed - and - breakfast inns
Kennels (animal hospitals, boarding and
grooming--small animals
•
•
O
Laboratories: research and scientific
•
•
Medical and dental
Laundry service laundromats
•
•
•
•
Laundry service (light)
Libraries and information center
•
•
•
•
Manufacturing associated with crafts and artisans
Assembly, exhibits, demonstration
O
Manufacturing industries
Apparel and related products
•
•
Dressmaking and tailor shops
•
•
Chemicals, gases and related products (see
definitions), excluding nerve gas
Drugs, pharmaceuticals, perfumes, cosmetics and
the like
•
•
Soaps, detergents and cleaners
Electrical and electronic machinery, equipment
and supplies
•
•
Batteries
O
Household appliances
O
•
Transmission and distribution equipment, and
industrial apparatus
O
•
Food and related products
O
•
Alcoholic beverages
Bakery products
•
•
Meat, seafood and poultry packing plants
O
Slaughtering; refining and rendering of animal
fats and oils
Sugar refining
Furniture and related fixtures
•
Instruments: measuring, analyzing and
controlling
•
•
Jewelry, silverware and plated ware
•
•
Laundry service -- laundromats
•
Laundry service - -light
•
•
Laundry service - -heavy
Leather and leather products
•
•
Tanning, curing and finishing of hides and skins
Lumber and wood products and processes
•
Cabinet work
•
•
Plywood, particleboard and veneer manufacture;
wood preserving
Sawmills and planing mills
Machinery, except electrical
•
Office, computing and accounting machines
•
•
Metal industries, primary
Rolling, drawing and extruding
O
Metal products, fabricated
•
Ammunition
Machine shops
•
•
Plating, polishing, anodizing, engraving and
related o erations
O
•
Page 3 of 7
000033
Revised Table 17.20.060
Musical instruments, including pianos and organs
•
•
Paper and related products
Products from paper and paperboard, including
containers
•
•
Pens, pencils and other office and artists
materials
•
•
Personal goods
•
•
Petroleum refining and related industries
Photographic, medical and optical goods, and
watches and clocks
•
•
O
Printing, publishing and related industries
•
•
Print shops (up to 1,500 s . ft. of gross floor area
•
Rubber and plastics products
O
Tire retreading and recapping
•
Signs and advertising displays
•
•
Stone, clay and glass products
O
Asbestos products
Cement, concrete and plaster, and products
fabricated therefrom
O
Glass and glassware, pressed and blown,
including flat glass
Glass products, made of purchased glass
•
•
Rock crushing and sandblasting plants
Textile mill products
Tobacco products
•
Toys and amusement, sporting and athletic goods
•
•
Transportation equipment
O
Motorcycles, bicycles and related parts
•
Martial arts and dance studios
•
Mineral resource development
Mining and accessory uses
Less than 9 months in duration
O
O
Public works maintenance
Oil and gas exploration and production'
O
O
Motion picture and TV production, and related
activities and structures
O
O
O
O
O
O
O
Temporary (maximum 47 days in any 180 -day
period) 1,4
Offices: business, professional and
administrative, except health and veterinary
•
•
•
•
O
•
Optical goods
O
Organizations (professional, religious, political,
labor, trade, youth, etc.)
O
Parks -- public
Parking lots
•
•
•
•
•
O
Pharmacy, accessory retail, for prescription
pharmaceuticals only
Photocopy/quick printers
•
Photofinishing 1 -hour hoto
•
Pipelines and transmission lines, aboveground
O
O
O
O
Produce stands, retail
Propulsion en ine testing
Public utilit facilities
O
O
O
O
O
O
O
Offices only
•
•
•
•
•
O
•
Page 4 of 7
000034
Revised Table 17.20.060
Service yards
•
O
Recording studios and sound stages
•
O
O
Rental and leasing of durable goods
O
O
O
Bicycle rental
•
Repair and reconditioning services
O
O
•
Automobile body work and painting
O
O
O
Automobile repair, including component repair
O
O
•
Electrical and electronic machinery and
equipment
•
•
Heavy machinery repair, including trucks,
tractors and buses
•
Instruments, including musical instruments
•
•
Office, computing and accounting machines
•
•
Photographic and optical goods
•
•
Repair of personal goods such as jewelry, shoes
and saddlery
•
•
Restaurants, cafes and cafeterias
•
Restaurants, cafes and cafeterias temporary
outside eating
•
•
•
•
•
Retail trade (see definitions in Chapter 17.08)
includes retail -only nurseries and excludes
lumber and building materials sales yards,
pawnshops and liquor stores
•
Antique store
♦ 10
Outdoor sales area
•
Outdoor sales area temporary
Retail trade see definitions
•
•
Christmas tree sales
Feed stores
O
Lumber and building materials sales yards
O
O
Mail order houses nonstore)
•
•
Motor vehicle, mobilehome, recreational vehicle
and boat dealers'
O
Nurseries
O
Uses and structures, accessory
SEE PRINCIPAL USE
Outdoor sales and services, temporary (see
definitions
Repair of products retailed
Salvage yards, including automobile wrecking
yards
Service establishments
Business see definitions
•
•
•
Auction halls, not involving livestock
O
O
•
O
Disinfecting and exterminating services
O
O
O
O
Exhibits, building of
•
•
O
Sin painting and lettering shops
•
•
•
Personal see definitions)
•
•
Signs (See also Section 17.20.040 and Chapter
17.40)
Freestanding off -site advertising signs
O
Swap meets
O
O
O
O
Taxidermy
•
Transportation services (see definitions)
O
•
1
Bus and train terminals
O
O
Page 5 of 7
000035
Revised Table 17.20.060
Stockyards, not primarily for fattening or selling
livestock
Truck storage, overnight
•
Trees and native vegetation: removal, relocation
or damage 4
Within an overlay zone
SEE CHAPTER 17.36
Uses and structures, accessory
SEE PRINCIPAL
USE
Dwelling, for superintendent or owner
O
O
O
O
Dwelling, caretaker
O
O
Game machines: three or fewer
Recreational facilities, restaurants and cafes: for
employees only
•
•
Retail sale of products manufactured on -site
Temporary buildings during construction
Vaccination clinics, temporary, for pet animals
Veterinary clinics, pet animals only'
O
O
Warehousing and storage, including ministora e
•
•
Automobile impound yards; dead storage of
trucks, buses and the like
Building materials, movers' equipment and the
like: indoor
•
•
Outdoor
Fertilizer and manure
Hazardous materials; including pesticides and
herbicides
Petroleum and gas (butane, propane, LPG, etc.);
explosives and fireworks
Recreational vehicles
•
Storage of building materials, temporary
Waste treatment and disposal see definitions)
Recycling facilities and centers
O
•
O
Water production, storage and distribution
facilities: Private urve ors4'8
O
O
O
♦
♦
O
Wholesale trade
•
•
Wireless communications facilities O O O O O O
Zoological gardens, animal exhibits and
commercial aquariums
O
O
Notes for Table 17.20.060:
1. There are specific regulations for this use; see Chapter 17.28.
2. If there is an existing planned development permit for the site, the school facility could be
permitted by approval of a modification to the existing permit.
3. For M -1, M -2 and C -O zones, a school facility would only be permitted where sponsored by or
permitted within an industrial or commercial use on the same site.
4. See also Section 17.20.040.
5. Churches located in existing buildings with an approved planned development permit will require
a modification to that permit.
6. If existing industrial building has approved IPD, restaurant will require approved minor
modification to IPD.
7. Restaurants with temporary outside eating facilities shall receive a modification to the planned
Page 6 of 7
rrrr .
Revised Table 17.20.060
development permit.
8. Most public water facilities are exempt from these regulations.
9. The establishment must be an otherwise permitted or conditionally permitted use in the zone.
10. Applicable only to those properties within the boundaries of the Downtown Specific Plan Overlay
Zone that have a base zoning of CO.
11 There are _specific regulaticns__for this. use:_see. Chapter 17.42,.mcludina an Administrative Permit
requirement for a pre- approved location on public property.
(Ord. 265 § 2 (part), 1999; Ord. 247 § 1(E), 1998: Ord. 234 § 2, 1997; Ord. 233 § 3, 1997; Ord. 209 § 3,
1995; Ord. 200 § 3 (part), 1994; Ord. 189 § 3 (8105 -5), 1994)
Page 7 of 7
00003'7
01 %14/02 14:38 FAX 415 288 4010 IiACKENZIE & ALBRITTON 11002/025
M[ACKENZIF, & ALBRITTON LLP
ONSPOSTSTRM, SUM 500
SAN FRANCISCO, CALWORNI.4 94104
TaLEPHONB 41S / 2884000
FACMA" 415 / 2894010
January 14, 2002
VIA FASSIMME AND EMAIL
Deborah S. Traffenstedt
Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Bradley Wohlenberg, Esq.
Burke, Williams & Sorensen
611 W. Oh St 25d' Floor
Los Angeles, CA 90017 -3126
ATTACHMENT I
Re: Pro ged Wireless Communications Facilities Ordinance
Ladies and Gentlemen:
We write to you on behalf of our client AT &T Wireless. Please find attached our
continents to the proposed Wireless Communications Facilities Ordinance for the City of
Moorpark. Although improved, we do feel the ordinance is yet ready for adoption. Definitions
do not adequately distinguish between an equipment shelter constructed adjacent to a monopole
vs. a ground mounted utility cabinet adjacent to a utility pole as a Minor or Major Facility.
Similarly, conflicting guidelines are mandatory, leading to impossible results. We, of course,
remain concerned with respect to application of the ordinance to the public right of way.
We look forward to the opportunity to review the attached proposed revisions
with staff following receipt of other industry (and Council) input tomorrow evening. As noted,
we do not believe the ordinance can be adopted in its present form.
Thank you for considering our attached comments_
Very truly yours,
G�f
Paul B. Albritton
cc: Daniel Smith, Esq.
Leslie Daigle
Enclosure
rr,ir
01 %14, 02 14:39 FAX 415 288 4010 )UCKENZIE & ALBRITTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF 'SHE CITY
OF MOORPARK, CALIFORNIA, 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 TEE MOORPARK MUNICIPAL CODE
Q003/025
tckenzle & Albritton, LLP
pfgoiates the opportunity to
,iew this draft on behalf of AT &T
iretess. Our comments appear
boxes and as strikeouts In the
ached d=ment.We do not Feel
s draft is ready for adoption, but
)k forward to reviewing the
Mosed revisions with staff.
Pbam note that. many state
revisions from the November 19,
2001 draft (previously circulated)
were not marked In this January
16, 2002 draft when circulated last
WHEREAS, on July 19, 2001, the City Council adopted Interim
ordinance No. 272, enacting for a period of 45 days a moratorium
on the issuance of permits for construction or placement of
wireless Telecommunications Facilities in the City and declaring
the urgency thereof; and
WHEREAS, on August 29, 2001, the City Council considered
the status of interim prohibition of Wireless Telecommunications
Facilities and extension of Ordinance No. 272, and adopted
Ordinance No. 273, extending Ordinance No. 272 for a period of
135 daya; and
WHEREAS, on July 19, 2001, the Planning CoTiumission
conducted a duly noticed public hearing on a proposed ordinance-
to regulate Wireless Communications Facilities within the City
of Moorpark and adopted a resolution recommending City Council
approval of the draft ordinance; and
iven that the WRERgp,S , on December 5, 2001, and January 16, 2 0 0 Z , the
oratorium has been
iendedtoAprill4, itY Council conducted a duly noticed public hearing on a
102, we believe that proposed ordinance to regulate wireless Cottrtaunications
rtherrevlewwill sc the City of Moorpark and reached its decision
:nefit this ordinance .2 J3riu3 Z5, 2002.
thout jeopardizing
,y Interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City council finds that the proposed
amendment to Title 17, Zoning, is exempt from the California
Environmental Quality Act based on Section 15308 of the State
California Ervironmental Quality Act Guidelines.
SECTION 2. Title 17, Zoning, of the Moorpark Municipal
Code is hereby amended by adding chapter 17.42 to read as
follows:
000039
01 %14 %02 14:39 FAX 415 288 4010 MACKENZIE & ALBRITTON 2004/025
Ordinance NO. _
Page 2
"Chapter 17.42 WIRELESS COMMUNICATIONS FACILITIES
Sections:
17.42.010 PURPOSE.
17.42.020 DEFINITIONS.
17.42.030 APPLICABILITY.
17.42.040 DISTANCES.
17.42.050 pSOULATIONS FOR 80TH MAJOR AND MINOR WIRELESS
COMMUNICATIONS FACILITIES.
17.42.060 REQUIRED FINDINGS FOR BOTH MAJOR AND MINOR
WIRELESS COMMUNICATIONS FACILITIES.
17.42.070 ADDITIONAL REGULATIONS FOR MINOR FACILITIES.
17.42.OaO ADDITIONAL REGULATIONS FOR MAJOR FACILITIES.
17.42.090 PUBLIC PROPERTY FACILITIES.
17.42.100 APPEAL OR REVIEW AND NOTICES.
17.42.110 RESERVATION AND RIGHT TO REVIEW PERMITS.
17.42.120 FACILITY REMOVAL.
17.42.130 TEMPORARY USE DURING DECLARED EMERGENCY-
11.42 -010 PURPOSE.
A. . The purpose of these requirements and guidelines is to
regulate the Location and design of Wireless Communications
Facilities ae defined herein to facilitate the orderly
deployment and development of wireless communications services
in the City of Moorpark, to ensure the design and location of
Wireless Communications Facilities are consistent with policies
of the City previously adopted to guide the orderly development
of the City of Moorpark to promote the public health, safety,
comfort, convenience, quality of life and general welfare of the
City's residents, to protect property values and enhance
aesthetic appearance of the City by 'maintaining architectural
and structural integrity, and by protecting views from obtrusive
and unsightly acceaeory uses and Facilities.
B. in adopting and implementing the regulatory provisions
of this Ordinance, it is the intent of the Moorpark City Council
to further the objectives specified above, and to create
reasonable regulations in conformance with the provisions of the
Telecommunication Act of 1996 without unnecessarily burdening
the federal interests in ensuring access to telecommunication
services, in promoting fair and effective competition among
competing communication service providers, and in eliminating
local restrictions and regulations that, with regard to
antennas, may preclude reception of an acceptable signal quality
S:1Coneauniry Drvelapa¢uclE�ay +dmona�i020116 CC b&S DMR W INIM Com FUHiva OTtLaCC
01; 14, 02 14:39 FAX 415 288 4010 MACKENZIE & ALBRITTON 8005 /025
Ordinance No.
Page 3
or may unreasonably delay, prevent, or increase the cost of
installation, maintenance, or use of such antennas.
C. The Moorpark Cit� Council has found and determined that
these requirements and guidelines for Wireless Cotmnuni.cations
Facilities are necessary to attain such purposes.
D. These regulations are intended to supersede any
applicable provisions of Title 17, Zoning, hereinafter in this
Chapter referred to as the Moorpark Zoning Code, pertaining to
such antenna structures and appurtenant communication equipment
and to establish minimum requirements' and flexible guidelines
for the governance of Wireless Communications Facilities, taking
into consideration the rapid technological advances and the
proliferation in use of Radio Communication services.
Although reference to E. With regard to applications to place wireless
Section 7901 and the Communications Facilities in the publip right -oE -way, there
Telecomm Act is regulations are intended to be reasonable time, place, and
relevant, merely manner regulations in accordance with the City' s o wers,
recltlng applicable law .E
does not make this California Public Utilities Code section 7901, and the
ordinance compliant Telecommunications Act of 1995 (specifically, Title 47, United
with Useofthep Wicri states Code, Section 253 and Section 332 (c) (7)) , if an
Use of the public right
of way by public utility application to place Wireless Comrinmications Facilities in the
telephone public right -of -way coM1%es with the rules and guidelines set
corporations Is not forth in this Ch2RL ter, then the City shall issue env necessary
subject to
discretionary review. permits for completion of :the Facilities.:_
17.42.020 DEFINITIONS.
For purposes of this Ordinance, the following words, terms,
phrases and their derivations shall have the meanings given
herein. The word 'shall;" is always mandatory and not merely
directory. If a definition is not listed in this Chapter,
Section 17.08.010 of the Moorpark Zoning Code shall be
referenced.
f
"Accessory Equipment" means any equipment installed,
mounted, operated or maintained in close proximity to an Antenna
Structure to provide power to the Antenna Structure or to
receive, transmit, or stoire signals or information received by
or sent from an antenna_
"Antenna Structure "I means an antenna, any structure
designed specifically to support an antenna, and /or any
appurtenances mounted on such structure or antenna.
I
I
i
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000041
01.1.1/02 14:39 FAX 415 288 4010 MACKENZIE & ALBRITTON Z006/023
Ordinance No-
Page 4
"Coloeation" or "Colocated" means the location of multiple
antennas which a3:e ��N i therm K. be owned or operated by meee than
one (1) or more service providers at a single location and are
mounted to a common supporting structure, wall or building.
"Commercial Mobile service" means any mobile service that
(].) is offered in return for monetary compensation, (2) is
available to the public or a substantial portion of the public
and (3) provides subscribers with the ability to access or
receive communication from the public switched telephone
network. Cotttmercial Mobile Service includes, but is not limited
to, paging service, wireless data transmission, cellular
telephone service, specialized mobile radio service (SMR) , and
personal communications service (PCS).
"Disguised Facility" means any Wireless Communications
Facility, which is designed to blend into the surrounding land,
typically one that is architecturally integrated into a building
or other concealing structure.
"Fixed Wireless Service" means any service providing Radio
Communication to or from Antenna Structures at fixed and
specified locations which are not designed to be moved during
operation and which offers the ability to access or receive
conuuUni tion from th witched to a network.
are feat of around space for &Macry Eaulprnent and
The current Ground Mounted" means a Wireless Communications Facility
definition of 'Ground that :" testutted to a pole, Lattice Tower or other freestanding
appea Mounted'only
ref structure that is constructed for the p�' rose of
appears to reference
antenna structures. supporting an antenna. so e
"Lattice Tower" means a tower -like structure used to
support antennae azzd comprised of up to two or more steel,
support legs. ._.._,..y---- •-- - - - --, M.w anuhu l
-Major Facility" means a ireless Communie tion 11ty
that is either Ground Mounted r is Roof M and �ed
-the Roof Mounted Facility is not eened on 1 four sides
by solid material that is architecturally compati le with the
surrounding land uxesj• or the Roof Mounted Facility exceeds the
maximum building height of the applicable zoning district in
which the Major Facility is located, or the Roof mounted
Facility is not a Disguised Facility or a Stealth Facility.
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Minor Facifrty.'
000042
01,,11!02 14:09 FAX 415 288 4010 MACKENZIE & ALBRITTON 9007 /025
ordinance No.
Page 5
"Microwave Communication" means the transmission or
reception of Radio Communication at frequencies of a microwave
signal (generally, in the 3GHz to 300GHz frequency spectrtmt).
"Minor Facility" means a Wireless Communications Facility
that is Wall Mounted, utility Mounted, or Roof Mounted as
follows: (1) if Wall. Mounted, the Facility is architecturally
compatible with the building structure and surrounding lased
uses; (2) if Utility Mounted, the Facility is required to be
compatible with surrounding land uses, must be proposed for
attachment to an existing above- ground structure, and comply
with all other provisions of Section 17.42.070.21, 17.42.070.C,
(excluding antennas an 2.070.D of this Code; and (3) If Roof Mounted, the
and (Antenna — Fac must be screened with solid material on foux
Structures) sides, must be architecturally compatible with surrounding land
uses, and must not exceed the maximum building height of the
applicable zone district in which the Facility is located; and
(4) if Wall Mounted, Utility Mounted, or Roof Mounted, qualifies
as a Disguised Facility or a Stealth Facility.
'Minor Modification'
"Mobile
Service" means
any temporary service providing
means the repair or
Radio Communication
to or from at least One (1) antenna that Is
replacement of
equipment within any
designed to
be moved during
operation or used during halts at
enclosed shelter or
unspecified
locations; or
as otherwise defined in 47 USCS
antennas of equal or
section 153
and interpreted
by the Code of Federal Regulations
smaller size.
and the Federal Register.
Mounted" means any manner of attachment, support, or
connection, whether on ground or on a structure.
"Multipoint Distribution service" means a microwave
communication service that delivers video programming directly
to subscribers, including multichannel., multipoint distribution
services, instructional television fixed services, and local
multipoint distribution services, or as otherwise defined by the
section 207 of the Telecommunications Act of 1996, Section
1.4000 of Title 47 of the Code of Federal Regulations and any
interpretive decisions thereof ieeued by the Federal
Communications commission.
"Radio communication- means the transmission and /or
reception of impulses, writing, signs, signals, pictures, and
sounds of all kinds through space by means of electromagnetic
waves.
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01 %14/02 14:39 FAX 415 288 4010 MACKENZIE & ALBRITTON 2008/025
ordinance No.
Page 6
"Roof Mounted" means a Facility that is mounted on any
structure that is not specifically constructed for the purpose
of supporting antennae, in any Manner that does not satisfy
either the definition of Wall Mounted or Utility Mounted, and is
typically mounted on the roof of a building.
"Satellite Antenna" means a device used to transmit and /or
receive radio or electromagnetic waves between terreetrially and
orbitally -based uses. This definition is meant to include, but
not limited to, what are commonly referred to as satellite earth
stations, TVR01s (Satellite Television Receiving Antenna), and
satellite microwave antennas.
"Stealth Facility" - means any Wireless Communications
Facility which is disguised to appear as another natural or
artificial object that is prevalent in the surrounding
environment or which is architecturally integrated into a
building or other concealing structure. The'tmility
mounted'
"utility Mounted" means a Facility that is Mounted to an dellntdonstmId
Installation of above- ground structure that is specifically designed contemplate a
FacIllty may require and originally installed to support electrical power lines, smallpoleside
upgrade or traffic Signal cabinet,
replacement of an cable television lines,. street lighting, particularly in the
existing utility pole. equipment, park lighting or a structure on public or private Iright of way.
property deemed by the City to be similar in nature and ma Inclu Aoce
"Wall Mounted" means a Facility that is Mounted on any
vertical surface or nearly vertical surface of a building or
other existing structure that is, not specifically constructed
for the purpose of supporting an antenna i.e., the exterior
walls of a building, an existing parapet, the side of a water
tank, the face of a church steeple, or the aide of a
freestanding sign such that the highest point of the Antenna
Structure is at an elevation equal to or lower than the highest
point of the surface on which it is Mounted-
-Wireless Communications FaCility" or "> Facility" means an
Antenna structure and any appurtenant Facility or Accessory
Equipment located within city limits and that is used in
connection with the provision of Wireless Service.
"Wireless service" means any type of Wireleas Service
providing Radio communication that satisfies the definition of
Cor=arcial Mobile Service, Fixed wiraleaa service, or Wireleas
Video Service.
S. Cmmnmrty Dft6l0pfl"na'my0aor0rd =u*'*2ot t6 CC Mtt Draft VM&CIM com EaeIdw OrUcc
ITI . •.
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Ordinance No. T
Page 7.
"wireless Video Service- means any service providing Radio
Communication, which delivers video programming.
17.42.030 APPLICABILITY. eModf ications A. All Wireless Comiminications acties which are
erected, located, Mounted or modified within the City of
Moorpark on or following the effective date of this Ordinance
shall comply with this Chapter, subject to the categorical
exemptions under Paragraph (D) of this Section, provided that:
1. All Facilities for which applications were
_ determined complete by the Community Development Department
prior to the effective date of this Ordinance shall be exempt
from the regulations and guidelines of this Chapter and shall be
subject to Chapter 17.52 of the Moorpark Zoning Code regulating
nonconforming structures and uses and any other applicable
permit requirements of the Moorpark Zoning Code.
S:1Commurtiy DC+ CloPmrnt \2+�sSamelOtdinaae¢a1020116 CC Mtg D d t Wkck— Com FoaiUt;" Ord -doc
000045
2. All Facilities for which building permits were
issued by the City of Moorpark prior to the effective date of
this ordinance shall be exempt from the regulations and
guidelines of this Chapter, and shall be subject to the
regulations and guidelines of Chapter 17.52 of the Moorpark
S. All Facilities
ing Code, regulating nonconfozmixlg structures and uses,
constructed in the
unle and until such time as Paragraph (A) of this Section
public right of way by
applies .
a public utility
regulated by the
California Public
B. All Facilities for which building permits and any
Widas Commission.
extension thereof have expired shall comply with the provisions
[Like any utility, a
of this Chapter.
telephone corporation
facility in the right of
C. All Facilities constructed or erected prior to the
way is not subject to
effective date of this ordinance that are in violation of
discretionary review.
applicable laws, ordinances, or other regulations shall be
considered an illegal nonconforming Facility, no longer
permitted, and shall be subject to abatement as a nonconforming
use pursuant to Section 17.52.060 of the Moorpark Zoning Code.
D. The following uses shall be exempt from the provisions
of this Chapter until such time as federal regulations are
repealed or amended to eliminate the necessity of the exemption:
1. Any Antenna Structure that is one (1) meter
(39.37 inches) or less in diameter and is designed to receive
direct broadcast satellite service, including direct -to -home
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Ordinance No. _
Page a
satellite sex-vice, as defined by section 207 of the
Telecommunications Act of 1996, Title 47 of the Code of Federal
Regulations, and any interpretive decisions thereof issued by
the Federal Communications Commission;
2. Any Antenna Structure that is two (2) meters
(78.74 inches) or less in diameter located in a commercial or
industrial zone and is designed to transmit or receive Radio
Communication by Satellite Antenna;
3. Any Antenna Structure that is one (1) meter
(39.37 inches) or less in diameter or diagonal measurement and
is designed to receive Multipoint Distribution Service, provided
that no part of the Antenna Structure extends more than eight
feet (S') above the principal building on the same lot.
E. The following uses Shall be exempt from the provisions
of this Chapter, so long as the Antenna Structure complies with
all other zoning requirements:
1. Any Antenna structure that is designed and used
solely to receive UHF, VHF, AM, and FM broadcast signals from
licensed radio and television stations.
2. Any Antenna Structure that is designed and used
solely in connection with authorized operations of an amateur
radio station licensed by the FCC (i.e., a "HW" radio
transmission) .
17.42.040 DISTANCES.
For the purpose of this Chapter, all distanCes shall be
measured in a straight line without regard to intervening
structures, from the nearest point of the proposed Major
Facility to the relevant property line at a point five (5) feet
above ground level.
17.42.050 REGULATIONS FOR BOTH MAJOR AND MINOR WIREsLESS
COMMUNYCATIONS FACILITIES.
A. Both Major and Minor Facilities shall be erected,
located, Mounted, operated and maintained at all times in
compliance with this Chapter and all applicable laws and
regulations of the City, the State of California, and the United
States of America.
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ordinance No.
Page. 9
requirement is set fortn In the tables themselves,
des should be a permitted use In commercial and
trial zones subject to design review and this
d W reflected in the applicable tables. Certain
am may be pertrrtted under this ordnance by
nistrative penTilt and not condl'b'onally.
B. Both Major and Minor 'FaciIitie e
permitted as a wlxeless Communications Facility in the
applicable zoning district as set forth in Section 17.20.050,
Table 17.20.050, and Section 17.20.090, Table 17.20.050, of the
Moorpark Zoning Code.
C. Application Requirements and Procedures. asprovidedinthe...
1. B0 Major and Minor Facilities roposed to be
erected, located, Mounted, operated and mairitai ed -
shall require a Conditional Use Permit (CUP). Each applicant
applying for a CUP shall submit a completed CLIP application in
accordance with the requirements set forth in Chapter 17.44 of
-the Moorpark zoning Code, and such additional or different
uirements as are made applicable by this Chapter.
Facilities proposed —'—`
c be erected, located 2. The scaled Site Plan and Pacility Elevations
Mounted, operated and
rrah required for the city up application shall include the
talned on a public y pP
property site or in the following information:
public right of way, or
as provided in the a. The proposed location of the Wireless
applicable zoning
district in Section Communications Facility including access;
17.20.050, Table
17.20.050 and Section b . The elevations of the wireless
17.20.(M50, Table
17,20.OA0 of th Communications Facility with dimensions identified;
Moorpark Zoning Code
must obtain approval c. The height of any existing or propoeed
of an Administrative structure (s) ;
Permit in accordance
with Municipal Code
Chapter 17.44. d. The location of any Accessory Equipment;
C. The location of all guy - wires;
f. The location of all above and below ground
wiring and connection cables;
g. The location of existing or proposed
easements on the PrOPerts'll artecu the Facil'
h. The height of any panels, microwave dishes,
or whip antennas, above ground level;
i. The distance between the Antenna Structure
and any existing or proposed Accessory Equipment; and
and reasonable
j. Any other necessary information as may be
required by the Director of community Development.
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ordinance No..
Page 10
3. Any application that is improperly submitted or
fails to contain all of the information as required by the
Moorpark zoning Code, including this chapter, shall be deemed
incomplete.
This xenophobic
provision It adopted by
neighboring jurisdictions
would ban service In
violation of Federal Law.
There is no legal justiti-
catlon for this restriction.
6. Each application shall contain a narrative and
appropriate maps that disclose the geographic area(s) within the
City of Moorpark that will be serviced by the proposed Facility,
the geographic area(s) bordering the City of Moorpark, if any,
that will be serviced by the proposed Facility, the nature of
the service to be provided or purpose of the Facility, the
7. Each application shall contain a radio - frequency "rf•qualTed'
(RF) report prepared by a qualified R8' engineer aweptaeility
taw i45 - to demonstrate that the yroposed Facility, als well as should be
any colocated Facilities, complies with: Current Federal RF Irrelevant
emission standards. This RF report shall also include signal
strength exhibits.
B. Each application shall contain computerized
visual assessments or other exhibits equivalent in a form and
manner acceptable to the bireetor of Cotmmtnity Development
showing the before and after visual appearances of the proposed
Facility.
9. Each application shall contain a dG,%cri.ption of
the required maintenance visits to the site and security e� °utnot
proposed to protect the site from vandalism and trespass.
5;4Com+v+nity D cbP'.„tP, a\0n1irwrmV2ol t 6 CC Mtg Dm t wkdas C= FAC Rica Or doo
4. Each application shall contain a letter of
imposes a vague and,
ustifieation accompanied by written documentation that explains
if taken literally,
the a licant r e of forts to locate the Facility in
PP
impossible obligation
on applicant
accordance with the screening and site selection guidelines set
forth in Paragraph (D) of this Section.
one half (1/2)
5, Each application shall contain a narrative
mUe
map that discloses the exact location and nature of any =arid 11
by the
[minor site has
existing Facilities that are owned, operated or used
1/2 mile
applicant within the City of Moorpark, or withn - plamiled
propagatlon]
Of its geographic borders, as well as any proposed
within said awundary
si that may rear §onably be known to the applicant at the time
the application is made.
This xenophobic
provision It adopted by
neighboring jurisdictions
would ban service In
violation of Federal Law.
There is no legal justiti-
catlon for this restriction.
6. Each application shall contain a narrative and
appropriate maps that disclose the geographic area(s) within the
City of Moorpark that will be serviced by the proposed Facility,
the geographic area(s) bordering the City of Moorpark, if any,
that will be serviced by the proposed Facility, the nature of
the service to be provided or purpose of the Facility, the
7. Each application shall contain a radio - frequency "rf•qualTed'
(RF) report prepared by a qualified R8' engineer aweptaeility
taw i45 - to demonstrate that the yroposed Facility, als well as should be
any colocated Facilities, complies with: Current Federal RF Irrelevant
emission standards. This RF report shall also include signal
strength exhibits.
B. Each application shall contain computerized
visual assessments or other exhibits equivalent in a form and
manner acceptable to the bireetor of Cotmmtnity Development
showing the before and after visual appearances of the proposed
Facility.
9. Each application shall contain a dG,%cri.ption of
the required maintenance visits to the site and security e� °utnot
proposed to protect the site from vandalism and trespass.
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Ordinance No. _
Page 11
10. Each application shall contain a preliminary
environmental review in accordance with the City submittal
requirements, with special emphasis placed upon the nature and
extent of visual, public, health, and safety impacts to the I
extent permitted bY Federal law,
11. Each application shall contain evidence of any
required licenses and approvals to provide Wireless Services in
the City.
12. Notwlthgtanding any permit that may be granted in
accordance with this Chapter, the Facility shall be erected,
located, Mounted, operated and maintained at all times in
compliance with this chapter and all applicable laws,
regulations and requirements of the Building Code, and every
other code and regulation imposed or enforced by the city of
Moorpark, the State of California, and the United States Federal
Government. Applicants are separately reCjUired to obtayn all
applicable building and construction permits that may be
required prior to erecting or installing the Facility.
13. The Director of Community Development shall
determine applicable entitlement processing fees and deposits
for the application, as established by City council resolution,
including any applicable contract staff fees and /or deposits for
the purpose of peer review of the cup application submittals.
D. General Development Requirements. The Facility hal
comply with each of the following requirements
Z013/025
1. A Facility shall not bear any signs or
advertising devices other than certification, public safety,
warning, or other required seals or required signage.
nFa 2. Any and all Accessory Equipment, other Given thoattthe
equipment associated with the operation of the lity, •eieir(as
including but not limited to transmission cables, be deflnad)tsused,
located within a building, an enclosure, or underground vault in this provision is
a manner that complies with the development standards of the too
zoning district in which such equipment is located. xn cabinets in the
addition., if equipment is located above ground, it shall be right of way) may
visually compatible with the surrounding buildings and either il�notinnaanntn,srva
shrouded by sufficient landscaping to screen the equipment from enclosure.
view, or deigned to match the architecture of adjacent
buildings.
rocl,7Pr,T1A1 Area f1Y an The— Applirar�t sinel3,
S.+LQn=Mity DMlopmrntt' ftyWeVk i=sncaV020t 16 CC Mss Dealt Wirtlm tom Fee1lhis9 Ord doo
or sentence requIring Accessory Equipment
be *visually compatible is sufmcient for
inners to Waivato slta requirements.
Orement to install 'masonry block watt• is
> specific and reduces design options to
oommodate any aeslheGc challenges posed
site. Last two santeness of lids paragraph
ould be deleted as too specific and
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ordinance No. _
Page 12
-
that now"On tahe-
8ro ice- -a solid maaApwy -bloe W&94:
JVQM tbs ta=Q- sr-
iliotjieec -} ^M; -7 Must's as
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3. The Facility's exterior finish shall be comprised
of non - reflective materials) and painted, screened, or
camouflaged to blend with the materials and colors of
surrounding buildings, structures, topography aAnd vegetation.
4. A11 screening used in connection with a Wall
Mounted and /or Roof Mounted Facility shall be compatible with
the architecture, color, texture, and materials of the building
or structure to which it is attached.
S. Facilities may not be illuminated unless
specifically required by the Federal Aviation Administration or
other governmental agencies.
not enter into any axtluslve agreement which proht'bils
Thts requirement is 6. The applicant and the roperty owner if different
equivalent toataking. In
rases elta
(See tl from the applicant shall cerracn� —te future Colocation of other
our prior letter). Facilities on or with the applicant's Facility, unless
Federal and state taw technological requirements preclude that Colocation.
permits language
prohibiting any
exclusives reement. E. Setback Requirements and Guidelines. If the Facility
is proposed to be located in an Open Spate, Agricultural or
Residential zone or within two hundred (200) feet of a
residential use in any zone district, then the Facility shall at
a minimum Comply with the main structure setback requirements
for such zone as specified in Tables 17.24.070A and 17.24.0202
of the Moorpark Zoning Code, with the exception of Utility
Mounted Facilities, if all other requirements in sections
17.42.070.]3, 17.42.070.0, and 17.42.070.D can be met. in
Commercial and Industrial zones, the Facility shall at a minimum
comply with the building setback requirements from the edge of
roadway right -of -way as specified in Table 17.24.02OR of the
Moorpark Zoning Code, with the exception of Utility Mounted
Facilities, if all other requirements in Sections 17.42.070.8,
11.42.070.C, and 17.42.070.D can be met. In all instances, the
determination of need for a larger setback for the Facility
shall, be considered by the City in connection with the
processing of the CUP.
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noted in our letter.
an the narrowly
Ined term "shall ",
r of the phrase
all conslder+
owed by the term
all" creates an
surd result.
!ms 1-4 should use
a permissive
hould" as requested
our letter.
ordinance No.
Page 13
F. Screening and Sate Selection es. In addition
to the above requirements, the City hall conside the following
factors in conjunction with the procesaing o a CUP.
1. The proposed Facility <hal be designed to either
be a Disguised Facility or stealth Facility, taking into
consideration alternate sites that are available, including
Colocation.
2. The proposed Facility hall a screened or
camouflaged by existing or proposed new g:caphy, vegetation,
buildings, or other structures. Any such improvements shall be
appropriate for and compatible with the site and surrounding
area.
3. The total size of the proposed Facility eke%4d f
shall a compatible with surrounding and supporting structures. I
4. if feasible, the location of the proposed
Facility shall nfozm to the following in order of I
preference:
a. Colocated with an existing Facility or
located at a pre - approved location;
b. Attached to an existing structure such as an
existing building, communication tower, church steeple or
utility;
C. Located in an industrial zoning district;
d. Located in a commercial zoning district.
S. Proximity Of the proposed Facility to residential
structures and to boundaries of residentially zoned districts.
z�L6. The nature of existing uses on adjacent and
nearby properties.
$7. Proposed ingress and egress to the Facility.
17.42.060 REQUIRED FINDINGS FOR ALL WXRLLESS FACILITIES.
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Ordinance No.
Page 14
A. Wireless Commu.--lications Facilities Findings. In
addition to the required findings for Conditional Use Permits
contained in Section 17.44.030,A.2 of the City of Moorpark
zoning Code, the following Findings are required for every Major
and minor Conditional Use permit (CUP) for tireless
communications Facilities:
1. That the proposed Facility will not create any
significant blockage to public views; and
2. That the proposed Facility wall be an enhancement
to the City due to its ability to provide additional
communication capabilities; and
3. That the proposed Facility will be aesthetically
integrated into its surrounding land uses and natural
environment; and
4. That the proposed Facility will comply with FCC
regulations regarding interference with the reception or
transmission of other Wireless Servica signals within the City
and surrounding community; and
S. That the proposed Facility will operate in
compliance with all other applicable Federal regulations for
such Facilities, including safety regulations; and
G. That the public need for the use of the Facility
has been documented.
consistent with Federal Law
7. That the applicant will provide at its own
field survey or other method to rovide written
ion that the Facility is in compliance with applicable
regulations reclardina electromagnetic frequency
Such field survey shall be provided to the city upon
not to exceed one such request in anv 24 -month period.
B. If the Planning Commission does not approve an
application for such Conditional Use Permit, the Planning
Commission shall make a written determination supported by
findings as required by 47 Q.S.C. S 332(c)(7)(5)(iii).
17.42.070 ADDITIONAL REGULATIONS FOR MINOR FACILITIR9.
In addition to the requirements of Sections 17.42.040 and
17.42.060 of this Chapter, the following requirements shall
apply to the following types of Facilities:
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Ordinance No.
Page 15
(excluding antennas and Antenna Structures)
See 17.42-080(C) A, nor Facility Height Requirements. Notwithstanding
and 17_a2090(A)
any othe provision in the Moorpark Zoning Code, no Minor
Facility shall exceed the maximum building height for the
applicable zoning district unless such Facility receives
Planning Commission 'ap roval, has been designed as a Disguised
or stealth Facility, an
Fa—radiriinistrative
1. The applicant demonstrates that exceeding the
height limitation is necessary for operation of the Facility; or
2. The Facility is Colocated, or contains adequate
space suitable for future Colocation, and the height in excess
of zoning requirements is necessary to the proposed shared ue or is a Utility
Mounted
B. Utility Mounted Facilities - vertical Extensions. A Facility
Utility Mounted Facility may, if approved by the Planning
Commission, exceed the maximrun' building height limit for the
applicable zoning district. The extent that the Utility Mounted
Facility exceeds the height of the existing utility pole or
structure and the need for such height increase shall be taken
into consideration by the city in conjunction with the
processing of t#v CUP for the Utility Mounted Facility.
C. Utility, Mounted Facilities - Horizontal ExtOneion.
The extent that the Utility Mounted Facility protrudes or
extends horizontally from the existing utility pole or structure
shall be taken into account by the City in conjunction with its
processing of a CUP for a Utility Mounted Facility. A Utility
Mounted Facility may not protrude or extend horizontally more
than c_g'.; 6ee : thirty six (3644) inches from the existing utility
pole or structure unless the applicant demonstrates a technical
need for such extension in order to provide service or to comply
with the regulations and requirements of the utility pole owner.
D. Additional Requirement for All Utility Mounted
Facilities_ Any Accessory Equipment accompanying or that forms
part of the Utility Mounted Facility, and is located on the
ground in the area surrounding the utility pole or structure,
should be visually compatible with the surrounding environment,
shrouded by sufficient landscaping to screen the Accessory
Again, the overly Equipment from view, and designed to thatch the architecture of
restrictive definition adjacent buildings. 3 f - Accessory - ftespffient: i l be
or •span" may not a !ree+dcrstiftl -$Ldea 0% an ; mraee#al a reee Abe epp4lkealst sha11
eareen-the eWilpmat =M r.4-w-. Ate
accertah e by the Ones again, the prior sentence regarding a
"viaualy ormrpabble' structure renders the last
sentence superfluous auto exeesslvgty narrow -
S:NCN3ei uftiryDmiopmenMvery000lOrdinanmV201 W CC Mfg D sft Waal= Cem Faeilidw ord.dw potentially roqulrfng a masonry wag where not
visually compatible'.
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Ordinance No.
Page 16
17.42.080 ADDITIONAL REGULATIONS 17OR MAJOR FACILITIES.
In addition to the requirements of Sections 1'7.42.050 and
17.42.060, the following requirements shall apply to the
following types of Facilities:
A. Location Requirements.
Z. No portion or extension of a Major Facility shall
protrude beyond property lines or extend into any portion of
property where such Facility is -not itself permitted; provided,
however, that the City may approve the location of guy wires in
a required setback if such approval is consistent with the
guidelines and requiremej7o2r!�shall in this chapter.
Numerous absdule 2. Latticed not be located in any Zone
restrictions may, except M -2 and Y, and
not be located within two hundred
constitute ban on
servi ce In violation of (200) feet of any property containing a residential structure.
service
Federal law.
3. A Ground Mounted Facility shall not be located in
a required parking area, vehicle maneuvering area, vehicle/
pedestrian circulation area or area of landscaping such that it
interferes with, or in any way impairs, the utility or intended
function of such area.
uIred
4. A Ground Mounted Facility shall not be permitted
unless the reviewing authority makes the additional finding
that, based upon evidence submitted by the applicant, no
existing building or support structure can reasonably
accommodate the proposed Facility. Evidence supporting this
finding will be reviewed by the reviewing authority and may
consist of any of the following: the :1
n r rn,cim of
a. No existing buildings or support structures
perimeter of service for
area will not provide are located proposed be served
RFCoverage the applicant's Facility.
sought b applicant which would provide sufficlandy simlar radio signal propagOon as required
b. Exis"a5 Dullulngs or 19UPP—ort structures are
not of sufficient height or structural strength o satisfy the
applicant's operational or engineering requirements. r properly located
C. The applicant's proposed Facility would
create electromagnetic interference with another Facility on an
existing structure, or the existing Facility on a building or
support structure would create interference with the applicant's
proposed Facility.
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ordinanCe No. _
Page 17
d. The costs, fees, or contractual provisions
required by a property owner, or by an incumbent Wireless
Service provider, in order to Colocate a new Facility on an
existing building or structure, or to adapt an existing building
or structure for the location of the new Facility, are
unreasonable.
e. There are other limiting factors that render
existing buildings aAd structures unsuitable for use by the
applicant.
u
:ordinancemakes 5. If the proposed Major Facility cannot be
St sites "Major". olocated, it be sited at least 1,500 feet from any
acil1c.regurements existing Major Facility unless the reviewing authority
it planner options to
ilmlze aesthetic determines that a shorter distance is required for technological
)act of sites and reasons, or that it would result in lets visual obtru6iveness in
h other rastrietlons the surrounding area..
y constitute a ban
service.
B. Additional Design Requirements.
1. A Ground Mounted Facility shall be secured from
access by the general public with a fence of a type or other
form or screening approved by the Planning Commission.
2. A Ground Mounted Faci ity shaY121 be covered with a
clear anti.- graffiti material of a t e app sued by the Planning
Commission. The Planning Commission may gra t an exception to
this requirement if the applicant dery nstrates to the
satisfaction of the Planning Commission tha there is adequate
Security around the Facility to prevent graffiti.
C. Height Requirements. Notwithst ding any other
provision in the Moorpark Zoning Code, no 3 r Facility
exceed the maximum building height for th applicable zoning
district in which the Facility is proposed to be located, nor
shall a Roof Mounted Facility exceed the hei ht of the atructure show
on which it is mounted by more than the min' m amount ne
for operation and safety, not to exceed ten ( l0 ) f . ogically the
application for a permit exceeding these he' ht limits mandatory
be a pproved unless the Planning Commission determines that the •shall' cannot be
Major Facility has been designed as a Dlsguleed or Stealth usedintAis
'elthedoe
Facility and: situation
I. The applicant demonstrates that exceeding the
height limitation is reasonably necessary for operation of the
Facility; or
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Ordinance No.
Page iB
is part of a Utility Mounted Facility
Utility poleemay 2. The Facility is colocated, or contains adequate
exceed helght'lfmits. Space suitable for future Colocation, and the excess in height
is reasonably necessary to the proposed shared use.
D. Additional Screening and Site $election Gui
The following screening and site selection g,xidel�.nes all b
considered by the City in conjunction with the processing o all
Major Facility CUPS:
1. A Major Facility ha � not be located
witlzia two hundred (200) of any property containing a
residential use.
2. If technical data require the placement of a
Major Facility to be located within 1,500 feet of an existing
=Fac1li;t:_y Fac' ubs�et:iori 17.42.O60.A.5, the new Major
shal a located at least five hundred (500)
e existing ajo Facility.
3. A Ground Mounted Facility �ut be locat ed
n Close proximity to existing above grou, BLtC22 as
1eCtrical tower or utility poles (not scheduled for removal or
dergrounding in the next eighteen (18) months) , light poles,
ees of comparable height, water tanks and other areas where
h Facility will not detract from the image or appearance of
h City.
4. A Roof Mounted Facility that extends above the
ng pax'apet of the building on which it is mounted �ret�.3d
all a screened by a material and in a manner that is
c mpatible with the existing design, color and architecture of
t e building.
S. A Roof Mounted Facility, requiring the placement
o a wires, supporting structures, or Accessory Equipment
shal be located and designed so as to minimize the
V3. c as viewed from surrounding properties and public
streets, including any pertinent public !ewe from higher
elevations.
17.42.090 PUBLIC PROPERTY FACILITIES,
A.
Pre- Approved Locations.
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These potentially
conflicting guidelines
which 'shall be
considered' by the
city cannot
individually be
mandatory; each of
these must use the
word "should` to
logically permit
consideration by the
city. The original text
should remain_
This conflicts with
guideline No. 3
above which better
addresses aesthetic
planning criteria.
Pre- Approved Locations.
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Ordinance No.
Page 19
1. The City may approve by Resolution, following a
duly noticed public heaving, a list of sites located an public
property or within the public right -of -way and which are
approved for Minor and Major Facilities. Each site shall
include a description of permissible development and design
characteristics, including but not limited to maximum height
requirements. The city shall make said Resolution available to
all persons upon request. The approved list of locations may be
subsequently amended by Resolution from time to time.
2- All Facilities located on a public property site,
which is pre - approved in accordance with this Section following
the effective date of this Ordinance, must obtain approval of an
Qt;P—Adminiatrative Permit in accordance with the Moorpark Zenjin
Municipal Code Chapter 17.44, and any additional or different
requirements made applicable by this Chapter.
3. All leases of a public property that is pre -
approved in accordance with this section shall be non- exclusive.
The operator of a Facility located on such public property shall
make the supporting structure of the Facility available to any
other applicant wishing to Colocate to the extent technically
feasible.
Subject to axisdng State law n:gardinp use of the dghl 01 way
H. Requirement for Separate Lease Agreement. Any lease of
City -owned property for the purpose of erecting a Wireless
Communications Facility shall require a negotiated lease
agreement or other written license granted by the City of
Moorpark. The existence of a lease agreement or license shall
not relieve an applicant of any obligations to obtain
appropriate permits hereunder or otherwise comply with the
Moorpark Zoning Code.
17.42.100 APPEAL OR REVIEW AND NOTICES.
Any applicant 0 , the operator tend /or owner of a raCility.L
or member of the City Council may appeal a filial decision of the
Director of Community Development or the Planning Commission.
All appeals shall be processed in accordance with Moorpark
zoning Code Section 17.44.090 including payment of required
fees.
identification of the groundg for eel and
17.42.120 RESERVATION OF RIGHT TO F VIEW PERMITS.
A. Changed Circumstance. Any Conditional Use Permit
granted or approved pursuant to this Chapter shall be granted or
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unless duty approved in the
dsctetion of the Commnity
Development Director
Ordinance No
Page 20
affecting tl1e initial installation of the Facility
approved by the City and. its Planning Commission with t he
reservation of the ri ht and jurisdiction to review and mods
the permit ( includi the conditions of approval) based o
changed C1rCUmstanCeS. Changed circumstances include, but a
not limited to, the following in relation to the approve
Facility as described and diagramed in the related Site plan.
increased height or size of Che Facility; additional impairment
of the views from surrounding properties; of
material change
in the size or bulk
'near" the MFElevel
is not wlthlnthe
antenna or supporting structure; changed Color or materials;
Cltysjurisdwctionto
3ubatantial change in location on the sites and an effective
regulate
increase in signal output above ee— w-a the Maximum Permissible
Exposure (MPE) limits imposed by the Revised Radio frequency
Emissions Guidelines by the Federal Cotttmunications Commission.
B. Additional Right to Revoke for Violation. The
reservation of right to review any permit granted or approved
hereunder by the City, its Planning Commission and /or City
Council is in addition to, and not in lieu of, the right of the
City, its Planning Commission and /or City CO=Cil co review and
revoke or modify any permit granted or approved hereunder for
any violations of the conditions imposed on such permit pursuant
to section 17.44.070 of the Moorpark Zoning Code.
C. Madification of Permit /Colocation. Upon review, any
changed circumstance as determined by the Director of Conuunity
Development shall require the application and approval of a
modification to the original Conditional Vas Permit, provided
that any modification to accommodate Colocated Facilities may be
approved administratively without the approval of the Planning
Commission.
17,42.120 FACILITY REMOVAL.
A. Discontinued Use. The operator of a lawfully erected
Faeilizy, and the owner of the premises upon which it is
located, shall promptly notify the Director of Community
Development in writing in the event that use of the Facility is pennenently
discontinued for any reason. in the event that discontinued use
is permanent, then the owner(s) and /or operator(s) shall
promptly remove the Facility, repair any damage to the premises
caused by such removal, and restore the premises as appropriate
so as to be in conformance with applicable zoning codes. All
such removal, repair and restoration shall be completed within
one hundred days after the use is discontinued, arWt shall be
eighty (180) performed in accordance with all applicable health and safety
requirements. For purposes of this paragraph, a discontinued
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Ordinance No.
Page 21
use shall be permanent
operative and used within
period.
tnststtation of desiraNe new
technologies may take a period of
pore to roll out for an entire systern.
Discretion, rather than finde
deadlines should be utilized.
I -
stx ti
unless the Facility is likely to be
the immediately following mont=h
absent any written 8. Abandonment. A Facility that is inoperative or unused
explanation and for period of six (6) continuous months shall be deemed
request for extension abandon . An abandoned Facility Shall be a public nuisance,
from the operator or subject to abatement pursuant to the provisions of Chapter 1.12
owner which may be
granted or denied at of the Moorpark Municipal code. To facilitate removal of an
the community abandoned Facility, all wireless Communications Facility
Development ro jecta shall be conditioned to require re a surety be provided to
Directors reasonable P
discretion the City prior to building permit approval to guarantee removal
of equipment and structures if the City determines the Facility
to be abandoned and a public nuisance.
C. utility Mounted Facility RernOval or Relocation. fike
1 Utility Mounted Facilities shall be be --OfAitiftc
__, er
:
-1=e �egafrea�- removed or erg-•, relocated e4-- e��
at the Facility owner's expense when a City - approved project
requires relocation or undergrounding of the utility structure
on which the Facility is mounted. Any CUP or Administrative
%Ambit for a Utility Mounted Facility shall be conditioned to
to
removal or
or
at
if the Facili
e the Facility-when. re
or loss (including, but
relocation of the Facility.
17.42.130 TEMPORARY USE DURING nECIAPM EMERG,NC't-
A. Temporary Lase- The Director of Community Development
or City Emergency Operations Center Director shall have the
authority to approve a Temporary Use Permit for wireless
Communications Facilities needed during a declared emergency.
The Temporary Use permit Shall contain the conditions for
removal of the temporary Facilities ae soon as poeaible after
the conclusion of the declared emergency.ft'
SECTION 3- Chapter 17.08, Section 17.08.010 is hereby
amended two add the following definition:
"`Wireless Communications Facility' means an Antenna
Structure and any appurtenant Facility or Acceasory Equipment
located within City limits and that is used in connection with
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Ordinance NO.
Page 22
the provision of Wireless Service as is defined in Chapter 17.42
of this Code.'
SECTION 4. Chapter 17.20 is hereby amended consistent with
Exhibit A, attached hereto and incorporated herein by reference,
to amend Table 17.20.o5o to add "Wireless Communications
Facility" with a footnote regarding specific regulations for
this use.
SECTION S. Chapter 17.20 is hereby amended consistent with
Exhibit B, attachad hereto and incorporated herein by reference,
to amend Table 17.20.060 to add "wireless Communications
Facility- with a footnote regarding specific regulations for
this use.
SECTION 6_ If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this ordinance for any
reason is held to be invalid or unconstitutional by the decision
of any Court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Chapter.
The City Council hereby declares that it would have adopted this
Chapter, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions,
sentericea, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 7. This Ordinance shall become effective thirty (30)
days after ita passage and adoption.
SECTION e. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a miriuts 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 and adoption
thereof, cause the, same to be published once in the Moorpark Star
a newspaper of general circulation, as defined in section 6008 of
the Government Code, for the City of Moorpark, and which is hereby
designated for that purpose -
pASSED AND ADOPTED this day of , 2001.
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Ordinance No.
Page 23
Patrick Bunter, Mayor
ATTEST:
Deborah S. Traffenstedt
city Clerk
Attachments:
Exhibit A - Revised Table 17.20.050
Exhibit 8 - Revised Table 17.20.060
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