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HomeMy WebLinkAboutAGENDA REPORT 2002 0227 CC SPC ITEM 09AITEM � ;.,4: CITY OF `10ORRNRK, CALIFORINLk City Conncii ,1leeiing of Z-27L ACTION; MOORPARK CITY COUNCIL -� AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, Acting Director of Community Development -j— D I - DATE: February 21, 2002 (CC Meeting of 2/27/02) 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 continued public hearings on January 16 and February 6, 2002. At the meeting on February 6, staff recommended continuance of the public hearing to allow analysis of additional comments received on the draft ordinance. The City Council directed that staff provide written responses to the letter received from AT &T legal counsel dated February 6, 2002, as well as two separate sets of written comments received from Mr. Hugh Findlay. Included in Attachment 1 of this agenda report are written responses to the referenced three sets of comments. Revisions to the draft ordinance have been made in response to those written comments that staff has indicated concurrence with in Attachment 1. At the hearing on February 6, staff was asked how preparation and /or peer review of the required radio frequency (RF) report would be accomplished. Staff recommends maintaining the peer review requirement. Section 17.42.050.C.13 allows the Director of Community Development to determine the required deposits for the application, including any applicable deposit for the purpose of mm 17 Honorable City Council February 27, 2002 Meeting Page 2 peer review of the application submittals. Language has been added to clarify that this includes but is not limited to review of the RF report. A revised draft ordinance is attached (Attachment 2) that incorporates the most recent revisions referenced in the Attachment 1 responses, and also includes all revisions made to the draft ordinance since the first City Council public hearing on December 5, 2001. The revisions are shown with the use of legislative format. 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 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. The new ordinance would go into effect 30 days following second reading (second reading is proposed to be scheduled for March 6). STAFF RECOMMENDATION 1. Take public testimony and close the public hearing. 2. Waive full reading and introduce Ordinance No. for first reading. 3. Direct staff Ordinance for Attachments: 1. Responses to City Council 2. Revised Draft to schedule second reading and adoption of the March 6, 2002. Written Comments received for February 6, 2002 meeting. Ordinance. ®0000 ATTACHMENT 1 Blanca Garza From: Paul Albritton [paCmallp.com] Sent: Wednesday, February 06, 2002 3:29 PM To: Wohlenberg, Bradley E.; Debbie Traffenstedt; moorpark @ci.moorpark.ca.us Cc: Bob Morales Subject: AT &T Technical Amendments SHORT VERSION iT oorparkOrd3short.pdf THE ATTACHMENT TO OUR E -MAIL SENT EARLIER TODAY INCLUDED BOTH A COPY OF OUR JANUARY 14TH COMMENTS (ALREADY IN THE PACKET) AND OUR COMMENTS FROM TODAY. THE ENCLOSED ATTACHMENT INCLUDES ONLY TODAY'S COMMENTS (BASED UPON THE CITY'S DRAFT OF LAST FRIDAY). I APOLOGIZE FOR THE EXCESS PAGES SENT; THE ONLY ATTACHMENT YOU NEED PRINT IS THE ONE ENCLOSED WITH THIS E -MAIL. THANK YOU. Ladies & Gentlemen: Please find attached our proposed revisions to the proposed Wireless Telecommunications Facilities ( "WTF ") Ordinance which will be introduced by the Moorpark City Council this evening. The attached proposed revisions are based upon discussions (and compromise) with Assistant City Attorney Bradley Wohlenberg. In general, the amendments clarify interpretation of the ordinance by planning staff and applicants. Thank for your consideration of these proposed minor changes. As stated in our cover note, AT &T Wireless continues to object to the requirement that a CUP be obtained for all WTF in Moopark. Such facilities should be a permitted use (with design and building review) in public right of way as well as in industrial and manufacturing zones. We are available by telephone and a representative of AT &T Wireless will be present at the Council meeting. Please share this document with the members of the City Council. Thank you. Paul Albritton Phone (415) 288 -4000 Mackenzie & Albritton, LLP Fax (415) 288 -4010 One Post Street, Suite 500 San Francisco, CA 94104 000003 Mackenzie & Albritton,LLP. on behalf of AT &T Wireless, submits the attached technical revisions to the Moorpark WTF Ordinance based upon discussions with Asst. City Attorney Brad Wohlenberg. For the most part the revisions should clarify interpretation of the ordinance by applicants and staff. AT &T Wireless still maintains that a CUP should not be required for the placement of WTF in the pubic right of way given its rights as a public utility under California law. WTF's should also be a permitted use in Industrial and Manufacturing zones. AT &T Wireless hopes to establish an agreed upon right of way site procedure under 17.42.090. you for incorporating the ,d amendments. 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:1Community Development\Everyone \Ordinances\ %Virtless Communication1020206 CC Mtg Draft Waokss Com Facilities Ord.doc ®0000d" Ordinance No. Page 2 "Chapter 17.42 WIRELESS COMMUNICATIONS Sections: 17.42.010 17.42.020 17.42.030 17.42.040 17.42.050 17.42.060 17.42.070 17.42.080 17.42.090 17.42.100 17.42.110 17.42.120 17.42.130 i FACILITIES i PURPOSE. DEFINITIONS. APPLICABILITY. DISTANCES. REGULATIONS FOR BOTH MAJ( COMMUNICATIONS FACILITIES. REQUIRED FINDINGS FOR B WIRELESS COMMUNICATIONS FAC ADDITIONAL REGULATIONS FOR ADDITIONAL REGULATIONS FOR PUBLIC PROPERTY FACILITIES. APPEAL OR REVIEW AND NOTICE RESERVATION AND RIGHT TO RE FACILITY REMOVAL. TEMPORARY USE DURING DECLAR 17.42.010 PURPOSE. AND MINOR WIRELESS TH MAJOR AND MINOR LITIES. INOR FACILITIES. AJOR FACILITIES. PERMITS. EMERGENCY. A. The purpose of these requirements and guidelines is to regulate the location and design of Wireless Communications Facilities as defined herein to fa ilitate the orderly deployment and development of wireless c mmunications 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 ublic health, safety, comfort, convenience, quality of life and general welfare of the City's residents, to protect property1 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 of this Ordinance, it is the intent of the to further the objectives specified a reasonable regulations in conformance with Telecommunication Act of 1996 without ui the federal interests in ensuring access services, in promoting fair and effect: competing communication service providerz local restrictions and regulations th regulatory provisions Moorpark City.Council )ove, and to create the provisions of the ,necessarily burdening to telecommunication ve competition among , and in eliminating it, with regard to 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 re and to applications _ to __place _ Wireless Communications Facilities in the public right -of -way, these regulations are intended to be reasonable time, place, and manner - emulations in accordance_ with the C_ity's_�owers, California Public Utilities Code _ section 7901, and the Telecommunications Act of 1995 (specifically, Title 47, United States Code, Section 253 and Section 3_32_ 1c� (_7) j • _ If an application to place Wireless Communications Facilities in the public right -of -way complies with the rules and guidelines set forth in this-ChgaLer, then the City shall issue any_necessary permits for completion of the Facilities. 17.42.020 DEFINITIONS. For purposes c 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. "For purposes of this ordinance, Facilities are categorized by the manner in which antennas are Mounted and not by the placement of Accessory Equipment. It is presumed that all Facilities shall include Accessory Equipment which shall not affect how the facility is Mounted." 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 - eithermay be owned or operated by meiFe -t 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 speeiiieally 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-de� that the Roof Mounted Facility is not se- eeeed en �-Ur sides Surrounding land uses M inorF acility, -ear the Reef M avoid possible conflict of initions this sentence can I with the words "Minor 0000017 Screening may not be architecturally compatible. Whip antennas may be less visible than screening. The phrase "must be screened ...sides" should be deleted. Ordinance is clearly drafted to refer to mounting of antennas (and not Equipment). (See e.g. "Ground Mounted" definition) 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 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.$, 17.42.070.C, and 17.42.070.D of this Code; and (3) If Roof Mounted, the entire Facility must — be--- seveenedwith salad-- mat.eria! en €�� ^b 44eT, 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. "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. "Antenna" "Mounted" means any manner ofl 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 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 ex step— above- ground structure that is speeif ieally— primarily designed and erigieally— 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 EZ I XI ��:: 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. [increases a manner which materially 17 .42 .030 APPLICABILITY. the size or bulk of antennas A CUP should not be Antenna Structures" required for the A. All Wireless Communications Facilities which are replacement of erected, located Mounted or =nad}fled modified within the existing antennas with r smaller antennas. City of Moorpark on or following the effective date of this rdinance 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: � i# , r 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 Maje 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 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. Note section C . Application Requirements and Procedures. 17.42.090 which "Except as otherwise provided in this ordinance" permits 1. BotF Major and Minor Facilities ..proposed to be administrative erected, located, Mounted, operated and maintained at all times approval on designated sites. 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 Ordinance No. Page 10 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 validates 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 give one (1 §) miles 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 We believe that reasons , if etny, this provision could eutside the eity of moorpeeit -i:�he of €eets -, !h!F —any, --that - be successfully challenged under appiiQant -h.aS. — M-a to leeate the r- aei:3=tyeutsiae the Cry --Of State and Federal MCprpetz k Law. 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. 0000 :13 Ordinance No. Page 11 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 I extent oermitted 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 rseal r required signage. 2. Any and essory Equipment, or other equipment associated wit operation of the Facility, including but not limite ransmission cables, shall be located within a building, losure, 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 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 eventt tenot 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 17.42.070.8, 000015 Ordinance No. Page 13 17.42.070.0, 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 should 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 should shall conform to the following in order of preference: a. Coloeated 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. 51 Proximity of the proposed Facility to residential structures and to boundaries of residentially zoned districts. .-sue ��e�terrave leeat ens for she F...l. -76. The nature of existing uses on adjacent and nearby properties. Ordinance No. Page 14 $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. "consistent with California 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 electromaq_netic frequency emissions. Such field 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. 5 332(c)(7)(B)(iii). 000017 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,1 has been designed as a Disguised or Stealth Facility, and: "Administrative Approval as provided herein," 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. "or Administrative A proval as provided herein" B. U rli.ty Mounted Facilities — Vertical Extensions. A Utility Mo nted 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 (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, shall be visually compatible with the surrounding environment, such as shrouded by sufficient landscaping to screen the 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 hie 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 be served by tke 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. or Community Development erector as provided herein" ISee 17.42.0so 2. A Ground Mounted Facil ty shall be covered with a clear anti - graffiti material of a t e 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 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 should 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 s euld shall be located at least five hundred (500) feet from the existing Major Facility. 3. A Ground Mounted Facility shall 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 mounted shed 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 00 ()()2:1 Ordinance No. Page 19 sheeld —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. Conflicts with No. 3 above and should be deleted. 17.42.090 PUBLIC PROPERTY FACILITIES. or category of sites for A. Pre - Approved Locations. public right of way 1. The City may approve by Resolution, follo ing a duly noticed public hearing, a list of sites located on ublic 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 Gg-F— Administrative Permit in accordance with the Moorpark zenin 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. "Subiect to eitna State law regardincl use of public right of way," 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 000w2 17.42.1410 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 Achaneto Facility as described and diagramed in the related Site Plan: g "material smaller antennas increased height or size of the Facility; additional impairmen should not have of the views from surrounding properties; o f increase in the to be approved g p p size or bulk" to be Planning antenna or supporting structure; changed color or materials; Commission. substantial change in location on the site; and an effective increase in signal output above en- neaE 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 0 ®002, Ordinance No. Page 20 "and statement for grounds of appeal." required for Applicant due Any applicant —er, the operator and /or owner of a Facility, process. or mber of the City—Council may appeal a final decision of the Dire for of Community Development or the Planning Commission. All appeals shall be processed in accordance with Moorpark ' Zong Code Section 17.44.090 including payment of required 17.42.1410 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 Achaneto Facility as described and diagramed in the related Site Plan: g "material smaller antennas increased height or size of the Facility; additional impairmen should not have of the views from surrounding properties; o f increase in the to be approved g p p size or bulk" to be Planning antenna or supporting structure; changed color or materials; Commission. substantial change in location on the site; and an effective increase in signal output above en- neaE 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 0 ®002, 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 -}0) 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 eesix -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 eUP °e- -_All Utility Mounted Facilities shall be be eead-4-tieaed to regel.re Eemeva-l— removed or _elee L-___ relocated of equipment 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 -fFacility 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 000024 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 S. Ordinance No. 275, which extended a moratorium on the issuance of permits for construction or placement of Wireless 0000.11Z.115 ordinance No. Page 23 Telecommunications Facilities, is hereby repealed upon the effective date of this ordinance. SECTION 49. 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. Responses to Letter from MacKenzie & Albritton, LLP dated February 6, 2002 (Legal Counsel for AT &T Wireless) 17.42.020 - "Accessory Equipment" The requested change was made. 17.42.020 - "Major Facility" The suggested language change was not sufficient. The definition was revised to clarify that a Major Facility is a Ground - Mounted Facility, or is Wall Mounted, Utility Mounted, or Roof Mounted, but does not meet the definition of a Minor Facility. 17.42.020 - "Minor Facility" The suggested language change is not sufficient; however, staff has added additional language to allow a roof mounted antenna that is integrated into the architecture of the building, architecturally compatible with surrounding land uses, and does not exceed the maximum building height to be considered a Minor Facility. Mr. Albritton may be correct that a whip antenna is less obtrusive, but that may vary from person to person. The antennas would still have to be "architecturally compatible," which may be a better approach than screening in certain cases (such as with small or whip antennas). 17.42.020 - "Mounted" The requested change has been made. 17.42.030.A. - The requested change has not been made. Any application for amendment of an existing approved entitlement should be reviewed using the existing Zoning Code language pertaining to entitlement permit modification (examples: Permit Adjustment, Minor Modification, and Major Modification). 17.42.050.C.1. - The requested change has been made, although it should be considered in conjunction with the clarifications to 17.42.090 regarding whether or not the administrative permit process should apply to facilities in the public right -of -way, or just to facilities on publicly -owned property. 17.42.050.C.6. - The requested change has been made. 17.42.050.D.2. - The requested change has been made. It potentially provides a less obtrusive method for screening cables from view (as opposed to building a small enclosure over their length). 17.42.060.A.6. - The requested change has been made. AT &T Wireless wanted this so that they could submit their Certificate of Public Convenience and Necessity (issued by the Public Utilities Commission) as proof of the need for the installation. Market forces would likely prevent an unneeded installation in the first place, so the City gives up very little by this change. 17.42.070.A. and B.; 17.42.080.B.2. - These are more changes related to AT &T Wireless' desire to submit a plan under Section 17.42.090 for Utility- Mounted Facilities in the public right -of -way. The requested language changed were generally made, including additional edits to 00100 0120 7 include reference to the Administrative Permit approval by the Director of Community Development. 17.42.080.D.6. - The requested change was not made. The existing language does not prohibit Utility Mounted Facilities. 17.42.090.A. - The language in this section already permits designation of sites within public right -of -way as pre- approved, allowing an Administrative Permit approval process. A language change to this section was made, although the specific language requested by AT &T Wireless was not used. Staff's intent would be to utilize the pre- approved location process to subsequently designate specific roadway right -of -way for which the Administrative Permit process can be used. AT &T Wireless has expressed a desire to place wireless facilities on existing poles in the public right -of -way with as little processing as possible. This change, and the changes related to it, would provide carriers with a method to have categories or types of proposed sites in the public right -of -way reviewed all at once, then further review would be carried out administratively. Originally this was intended only for other types of City -owned property, as the City would have greater control over the proposed facility through a lease with the City as landlord. There is a dispute between AT &T Wireless and the City regarding how much control the City can exercise over facilities in the public right -of -way. AT &T Wireless maintains that the City has no control due to Public Utilities Code section 7901. The City argues that even Section 7901 allows time, place, and manner restrictions on the use of the right -of -way. Maintaining the ability to designate right -of -way areas for which an Administrative Permit process can subsequently be used for specific project approval may be a viable compromise on this disputed issue. The Administrative Permit process includes a 300 -foot notice to adjacent property owners. 17.42.090.B. - AT &T Wireless seeks this change to ensure no lease of the public right -of -way is necessary. This is a significant and difficult issue statewide, and requiring a lease on a portion of the right -of -way from a telecommunications carrier would almost guarantee litigation. A pending bill that would have required such compensation was recently gutted (see AB 1150). Staff has included the requested language change. 17.42.100 - The requested language change was made. 17.42.110 - This section is already subject to the City's existing processes regarding changes in permits; therefore, the requested change was not made. 010 Responses to Hugh Findlay's Comments Received February 5, 2002 The following terms need to be more clearly defined: a) Public Right of Way Public Right of Way is a legal term of art, so it is not defined in the ordinance in order to avoid conflict with the accepted usage. It generally refers to the lands owned by or dedicated to the City for street, sidewalks, and utility uses. It also applies to lands burdened by an easement for the same purposes. The term appears on deeds, subdivision maps and parcel maps, designating which portions of the land are Public Right of Way. It does not apply to all public property. b) Major Facility c) Minor Facility The definitions included in the ordinance are detailed, but basically mean that free - standing Ground Mounted wireless facilities are considered "Major" facilities because of their greater visual impact. Minor facilities are those with less visual impact, including those that are attached to something else or disguised from view. Any necessary equipment boxes are considered "Accessory Equipment," which is also defined in the ordinance. d) Setback (see pages 000021 item #6) place actual distance zone. Setback is defined in Title 17, Chapter 17.08, Definitions of the Municipal Code. It is not necessary to repeat definitions in subsequent chapters of the Zoning Code. On page 000006 "Lattice Tower" is defined "...comprised of up to two or more steel support legs. Why not one or more legs? Lattice Tower addresses a specific kind of multi - legged tower that many consider to be particularly unattractive. Standard single poles (monopoles) would be treated as a "ground mounted" facility under the ordinance. Because they are more expensive and more difficult to maintain than a monopole, lattice towers are very rarely used anymore. 200 -foot setback should apply to all applications (major and minor) . Applying the 200 -foot setback would essentially eliminate all utility- mounted facilities, as well as many building- mounted facilities. The overall visual effect on the City may be ®®®009 greater, because it would likely require more use of separate, ground- mounted monopoles. Safety limits should be applicable to all applications (monopine, monopales, pico cells and micro cells). The FCC safety limits do apply to all installations. Applications must include information about compliance of the facilities with applicable safety regulations. As discussed at prior public hearings, the FCC has pre - empted local safety regulations that exceed the FCC regulations. We support the ordinance when it states terms as "mandatory: and "shall" as opposed to "should" and "may." Most of the provisions of the ordinance have been changed to use mandatory language. There are a few areas where permissive language was used to avoid a conflict between two mandatory terms. What safeguards are in place to check the safety limits for transmitters mounted in public rights of way on existing traffic light stands and lighting poles? Should we not have measurements and reports issued for these microcells in the same manner as for a major facility? Section 17.42.060.A.7. requires all wireless facilities to submit safety surveys showing their compliance with applicable electromagnetic frequency emission regulations. This requirement must be included in all CUPS and Administrative Permits for wireless facilities. Signal strength exhibits 17.042.050.C.j.7. (not clearly explained still need calculations and measurements under maximum loading conditions) . This section was written to be non - specific in order to give flexibility for the RF engineers to address each unique facility. The last sentence has been amended to read: "This RF report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions." Are table numbers on page 000014 (item E) in agreement with the revised tables on pages 000026 - 000037? On page 000014 tables 17.24.020 A & B are possibly 17.20.50 through 17.20.60. Setback requirements are not being changed, and are found in Tables 17.24.020 A and B. Tables 17.20.050 and 17.20.060 list the permitted uses in the various zones of the City, and are being revised to add wireless communications facilities. 000030 What is the definition of a site if it is just outside the City boundary? Where do we stand if the water tower at Peach hill is technically outside the City? Will 200 -foot rule apply? Is the Peach Hill site classified as a "Public right of way "? If an antenna is outside the City, it is outside the City's jurisdiction and control, and the City's ordinances will not apply. The referenced Peach Hill site is within the City limits. The 200 -foot rule will apply to Major Facilities (see 17.42.080.D.1.) , and the setback requirements for the proposed zone apply to all other facilities within 200 feet of a residential use (note that is not necessarily a 200 -foot setback - see 17.42.050.E.). The referenced Peach Hill site would be considered public property. Additionally, if antenna (s) are allowed outside the city, how close can it get to residential homes if transmitters are just outside the city limits and what applies? As discussed above, if an antenna is outside the City, it is outside the City's jurisdiction and control. Its proximity to residential homes will depend upon the rules and regulations applicable to its location. If no specific regulations have been adopted in the neighboring jurisdiction, the FCC safety standards would be the only applicable rules for limiting proximity to occupied structures. Because those FCC standards are based only on surface heating, they are very limited. For example, a free - standing cellular or PCS antenna array is categorically exempted, regardless of power, if it is at least ten meters (33 feet) from the ground. For more information, the FCC's publication on the subject entitled, "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance" may be referenced (http: // wireless .fcc.gov /siting /rfsafety.html). Responses to Hugh Finlay's comments of February 6, 2002 1. First of all, our strong desire is that the Ordinance should be clear and precise. In Section 17.42.020 Definitions, page 3, the term "shall" is mandatory. Now, with reference to the 200 foot rule from a Major facility in Section 17.42.80.A.2. and 17.42.80.D.1., pages 16 and 18, we strongly support the necessary wording, such as "shall" in this section. The City's legal team should strive to ensure that these terms "shall" be kept within the document where they appear. Referenced mandatory language has been maintained. 2. The precise definitions for the Major and Minor facilities, Section 17.42.020, pages 4 and 5, are, I believe, almost indistinguishable. I believe that we require a more clearly defined major facility in terms of height, transmitter power, coverage, range, etc. The Minor facility should also be redefined in terms of height, transmitter power and range, etc. Otherwise, both terms could be interpreted as similar if they are realized as disguised or screened facilities. This may lead to confusion in the future. Because so much of this field is preempted by federal law, the City is very limited in its ability to regulate wireless facilities. We cannot regulate issues such as signal strength, coverage, or range, so long as those meet federal and state regulations. Cities now primarily regulate based on the aesthetic (visual) impacts of these facilities. Only free - standing wireless facilities, such as a monopole, are considered "major" facilities because of their greater visual impact. Minor facilities are those with less visual impact, such as those that are attached to something else or disguised from view. This could include relatively large antenna arrays that are placed behind screening material on an existing building. While such an array would be tall (due to the building height) and of greater power and range than a smaller array, its aesthetic impact would be minimal because it is camouflaged on an existing building, and the signal strength and coverage issues are beyond the City's powers. Any necessary equipment boxes are considered "Accessory Equipment," which is also defined in the ordinance and requires concealment. 3. What safeguards are in place to check the RF safety limits for the transmitters mounted in "public rights of way" on existing traffic light stands and lighting poles? Section 17.42.010, page 3. In order to protect the public and compliance 000032 with FCC, I believe that we should have RF Emission measurements and reports issued for these microcells (monopalms, monopines, etc.) in the same manner as for the Major facilities. Also, we need a more precise definition for "Right of Way." Does it include for example, as access road to a water tower? The FCC safety limits apply to all installations, and greater limitations on wireless facilities based on safety are preempted by federal law. Applications must include information about compliance of the facilities with applicable safety regulations. Section 17.42.060.A.7. requires periodic surveys of electromagnetic frequency emissions for all facilities, both Major and Minor, as a condition of any Conditional Use Permit. The Administrative Permit process requires the same application requirements and findings as the CUP process, the difference is the type of hearing (Director of Community Development versus Planning Commission) and notice (300 feet versus 1,000 feet). As mentioned in our previous comments, "Public Right of Way" is a legal term of art, so it is not defined in the ordinance in order to avoid conflict with the accepted usage. It generally refers to the lands owned by or dedicated to the City for street, sidewalks, and utility uses. It also applies to lands burdened by an easement for the same purposes. The term appears on deeds, subdivision maps and parcel maps, designating which portions of the land are Public Right of Way. It does not apply to all public property, and would not apply to a privately -owned access road, nor to a publicly -owned access road that was not open to public use. 4. Regarding signal strength, Exhibits 17.042.050.C.j.7, page 10. The term "Signal Strength Exhibits" is not clear. RF reports should include both calculations and measurements under max channel loading conditions. It should also be applied to both Major and Minor facilities. As stated in our previous comments, this section was written to be non - specific in order to give flexibility for the RF engineers to address each unique facility. However, we have no objection to adding such a requirement to the Section. We suggest amending the last sentence to read, "This RF report shall also include signal strength exhibits, including calculations and measurements under maximum loadinq conditions." 5. In Section 17.42.050.E., page 12, does the setback rule apply to both Major and Minor facilities? Yes, the setback rules apply to all Major and Minor Facilities, except Utility Mounted Facilities. That exception was included because it would usually be impossible to have 000033 utility mounts that comply with the setback requirement, and utility mounts often are preferred because of their low visual impact. 6. Again, in Section 17.42.050.E., page 14, are the table numbers referenced in agreement with the revised tables, page 26 to 37, or do they refer to another. The table number references in 17.42.050.E. refer to other chapters of the Municipal Code. Existing, generally- applied setback requirements are not being changed, and are found in Tables 17.24.020 A and B (these are referred to in 17.42.050.E.). The tables included in the new ordinance (Sections 17.20.050 and 17.20.060) list the permitted uses in the various zones of the City, and are being revised to add wireless communications facilities. 000034 ATTACHMENT 22 i 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 December 19, the status of interim prohibi Facilities and extension of Ordinance No. 275, extendinc Ordinance No. 273 to extend 2002; and 2002, the City Lion of Wireless Ordinance No. Ordinance No. the moratorium Council considered Telecommunications 272, and adopted 272 and amending through April 18, 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, February 6, and February 27, 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 27, 2002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: \ \MOR_PRI_SERV\City Share \Community Development\Everyone \Ordinances \Wireless Communication \020227 CC �tR I}�afJ6 Wireless Com Facilities Ord.doc ti 4�j Ordinance No. Page 2 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: "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 Ordinance No. Page 3 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 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 to applications to place Wireless Communications Facilities in the public right -of -way, these regulations are intended to be reasonable time, place, and manner regulations in accordance with the City's 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 ©10003 Ordinance No. Page 4 "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. For the purposes of this ordinance, Facilities are categorized by the manner in which antennas are Mounted and not by the placement of Accessory Equipment. It is presumed that all Facilities shall include Accessory Equipment, which shall not affect how the facility is Mounted. "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 —ems may be owned or operated by mere 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 &pee a:-f-iea -l-ly— primarily constructed for the purpose of supporting an antenna. 000038 Ordinance No. Page 5 "Lattice Tower" support antennae and support legs. means a tower -like structure used to comprised of up to two or more steel "Major Facility" means a Wireless Communications Facility that is either Ground Mounted, or is Wall Mounted, Utility Mounted, or Roof Mounted but does not meet the definition of a Minor Facility.Reef Meg nted; anq- pr-evided that the Reef Meunted Faeility is net - sereend- on ate €eu_ - sides —by material that is arehiteeturally eempatible with the surreunding !a m , building height of the- applieable - zenin-g district in which the Major Faeili-ty is leeated, er the Reef ble-ccnted- "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 or integrated into the architecture of the bu.il.ding, 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. "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 antenna attachment, support, or connection, whether on ground or on a structure. Ordinance No. Page 6 "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 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 exiting --- above- ground structure that is speeifiea-ll-y ---- primarily designed and 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 000040 Ordinance No. Page 7 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 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 medifsed —_ wit-h-inmodified 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. 00041 Ordinance No. Page 8 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: 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). 0 0904 Ordinance No. Page 9 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 Maer 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 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. BethExcept as otherwise provided in this ordinance, 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 000043 Ordinance No. Page 10 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 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 void -ates 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 fl­.- one (1 &) milee 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, and the nature of the service to be provided or purpose of the Facility,t the outside - -the -- amity —of Meerpark and the — efforts, if any, that Ordinance No. Page 11 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, including calculations and measurements under maximum loading conditions. 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. 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 000045 Ordinance No. Page 12 the purpose of peer review of the CUP application submittals, including but not limited to review of the radio frequency (RF) Report. 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, conduit, 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 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. 000046 Ordinance No. Page 13 6. The applicant, and the property owner if different from the applicant, shall eensent not 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, 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 sherd shall be compatible with surrounding and supporting structures. 4. If feasible, the location of the proposed Facility should —shall conform to the following in order of preference: Ordinance No. Page 14 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. $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 ;� fib. Ordinance No. Page 15 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 consistent with California law. 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 emissions. Such field 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). 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 or Director of Community Development approval as provided herein, 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. The need for exceeding the maximum building height for the applicable zoning district shall be taken into consideration by the City in conjunction with the processing of the CUP or Administrative Permit for the Minor Facilitv. 0 -00049 Ordinance No. Page 16 B. Utility Mounted Facilities — Vertical Extensions. A Utility Mounted Facility may, if appreved by the Planning Gemmssie , exceed the maximum building height limit for the applicable zoning district, if approved by the Planning Commission or Director of Community Development as provided herein. 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 or Administrative Permit 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 or Administrative Permit for a Utility Mounted Facility. A Utility Mounted Facility may not protrude or extend horizontally more than thirty -six (361-8) 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 ............................. ............................... 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 Ordinance No. Page 17 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— geegra-phie 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 area�-e by the ......... ................................... p.............. ............................... .......... .............................................. ........._�`................... ................. app I s Faeilit. 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. ()O )SJL Ordinance No. Page 18 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 or Director of Community Development may grant an exception to this requirement if the applicant demonstrates to the satisfaction of the Planning Commission or Director of Community Development 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 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. 00005 Ordinance No. Page 19 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 sheerld 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 sheulu -shall 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 mounted sheiild 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 she,uLd- -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 Facility sheuld 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 000053 Ordinance No. Page 20 approved for Minor and Major Facilities. Each site, including designated right -of -way areas, 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 or public right -of -way site, which is pre- approved in accordance with this Section following the effective date of this Ordinance, must obtain approval of an CUP Administrative Permit in accordance with the Moorpark Zoning— Municipal Code Chapter 17.44, and mall additional or different requirements made applicable by this Chapter for the CUP application and process.inqfor_ a _ Wireless Facility, including findings for approval. 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. Subject to State l.aw regarding use of public right -of -way, Aany 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 or, 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 and statement for arounds of aooeal. Ordinance No. Page 21 17.42.110 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 or ear 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 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 000055 Ordinance No. Page 22 such removal, repair and restoration shall be completed within ninety- —one- hundred eighty (18-90) 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 CUB-- fer --aAll Utility Mounted Facilities shall be be eend=tene� te require re val removed or releea€i-en relocated of equipment 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 -f 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 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." 000056 Ordinance No. Page 23 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 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 ®0"0057 Ordinance No. Page 24 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 2002. 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 1! City council- approved conditional use permit Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND SPECIAL PURPOSE ZONES EXHIBIT A 000059 OS AE RA RE RO RI 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 2 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:2 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. processin §, within structures: total GFA per lot: 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 000059 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 O O 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 )l 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 buildings 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 0 0 0 Dwellings, two - family, or two single- ♦ • 000060 Page 2 of 5 Revised Table 17.20.050 family dwellings Affordable or elderly, built pursuant to Chapter 17.64 0 0 Dwellings, multifamily • Affordable or elderly, built pursuant to Chapter 17.64 0 Dwellings, accessory structures For human habitation: Mobilehome /RV as temporary dwelling during construction2 Second dwelling2 ■ ■ ■ ■ ■ ■ ■ ■ 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 2 (other than horses/ ponies) ♦ ♦ ♦ ♦ ♦ O Horses /ponies ♦ ♦ ♦ ♦ ♦ 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 ♦ ♦ ♦ ♦ Within an overlay zone SEE CHAPTER 17.36 Hospitals 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 usesz O O O Less than 9 months in duration O O O O 00006,. Page 3 of 5 Revised Table 17.20.050 Public works maintenance Oil and gas exploration and production 2 O O O O Mobilehome parks2 O O O O O O Model homes/lot sales 2; 2 years More than 2 ears 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 period) 1,2 Pipelines and transmission lines, aboveground O O O O O O O O O O Public utility facilities, excluding offices and service yards' O O O O O O O O O O Recreational sport and athletic facilities Cams O O O CampgroundS2 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 golf2 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 parks 2 O O O Recreation projects, city- initiated ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Caretaker recreational vehicle, accessor 2 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 2 Trees and native vegetation: Removal, relocation or dama el 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 purveyors l' O O O O O O O O O O Wireless communications facilities5 O O O O O O O O O O 4OOOG� jb Page 4 of 5 Revised Table 17.20.050 Notes for 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; see Chapter 17.42. including; an Administrative Permit requirement fora 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 0000G3 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 # City council- approved conditional use permit Q Administrative permit required Temporary use permit Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES EXHIBIT B 0000G4 C2 CO C1 CPD M1 M2 I GOT Airfields and landing ads and strips, private O O O Airports O O Alcoholic beverage Establishments selling beer and /or wine with an eating lace Q Q Q Q Q 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 0000G4 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 worship 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 structures Produce stands, retail Dog and cat grooming • 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 Z'; • • • • • 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 # 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 00006's 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 operations O • Page 3 of 7 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 photo) • Pipelines and transmission lines, aboveground O O O O Produce stands, retail Propulsion (engine) testing Public utility facilities O O O O O O O Offices only • • • • • O • Page 4 of 7 000OG 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 saddler • • 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 ♦ io 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 • Bus and train terminals O O Page 5 of 7 OOOOG 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 purveyorS4,8 O O O ♦ ♦ O Wholesale trade • • Wireless communications facilities O 0 Q d Q 0 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 ®"(.1100G9 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 regulations for this use; see Chapter 17.42, including an Administrative Permit requirement fora 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 000070 Debbie Traffenstedt From: Wohlenberg, Bradley E. [bwohlenberg @BWSLAW.COM] Sent: Wednesday, February 06, 2002 12:46 PM To: 'Laura Stringer' Cc: Debbie Traffenstedt; Deb Broussalian; Montes, Joseph Subject: RE: Questions RE Wireless Ordinance - City of Moorpark Laura, ITEM i A Page 1 of 2 I have complied my responses into the attached Word document. Feel free to call my cell phone if you have any questions - (213) 247 -8780. We were supposed to get some further comments from Paul Albritton on behalf of AT &T Wireless. He usually a -mails them, but I haven't received anything yet. Brad Bradley E. Wohlenberg, Esq. Burke, Williams & Sorensen, LLP 611 West Sixth Street, Suite 2500 Los Angeles, CA 90017 -3102 (213) 236 -2705; FAX (213) 236 -2700 bwohlenberg @bwslaw.com www.bwslaw.com This message contains confidential information, and is intended only for the confidential use of its intended addressee. It is subject to the attorney - client privilege, and /or is confidential attorney work product. Recipients should not file it or copies of it with publicly accessible written or electronic records. Unless you are the addressee (or authorized to receive for the addressee), you many not copy, use, review further, or distribute this information. If you have received this message in error, please advise Brad Wohlenberg immediately at (213) 236 -2705 and please promptly destroy the message and any copies. - - - -- Original Message---- - From: Laura Stringer [ma i Ito: LStringer @ci.moorpark.ca.us] Sent: Wednesday, February 06, 2002 10:14 AM To: Bradley Wohlenberg (E -mail) Cc: Debbie Traffenstedt; Deb Broussalian Subject: Questions RE Wireless Ordinance - City of Moorpark Brad, Mayor Hunter has requested that staff be prepared to respond to the following questions /comments at tonight's City Council Meeting. Your assistance in providing a written response is appreciated. Please call or e-mail me if you need anything else. 805 - 517 -6230 Laura The following terms need to be more clearly defined: HC� 2/6/02 CC :. Page 2 of 2 a) Public Right of Way b) Major Facility c) Minor Facility d) Set Back (see pages 000021 item # 6) place actual distance zone On page 000006 "Lattice Tower" is defined "...comprised of up to two or more steel support legs. Why not one or more legs? 200 foot set back should apply to all applications (major and minor). Safety limits should be applicable to all applications (monopine, monopalms, pico cells and micro cells). We support the ordinance when it states terms as "mandatory: and "shall" as opposed to "should" and "may. " What safeguards are in place to check the safety limits for transmitters mounted in public rights of way on existing traffic light stands and lighting poles? Should we not have measurements and reports issued for these microcells in the same manner as for ht major facility? Signal strength exhibits 17.042.050 cj7 (not clearly explained still need calculations and measurements under maximum loading conditions). Are table numbers on page 000014 (item E) in agreement with the revised tables on pages 000026- 000037? On page 000014 tables 17.24.020 A & B are possibly 17.20.50 through 17.20.60. What is the definition of a site if it is just outside the City boundary? Where do we stand if the water tower at Peach hill is technically outside the City? Will 200 foot rule apply? Is the Peach Hill site classified as a "Public right of way "? Additionally, if antenna(s) are allowed outside the city, how close can it get to residential homes if transmitters are just outside the city limits and what applies? 2/6/02 The following terms need to be more clearly defined: a) Public Right of Way Public Right of Way is a legal term of art, so it is not defined in the ordinance in order to avoid conflict with the accepted usage. It generally refers to the lands owned by or dedicated to the City for street, sidewalks, and utility uses. It also applies to lands burdened by an easement for the same purposes. The term appears on deeds, subdivision maps and parcel maps, designating which portions of the land are Public Right of Way. It does not apply to all public property. b) Major Facility c) Minor Facility The definitions included in the ordinance are detailed, but basically mean that free - standing wireless facilities are considered "major" facilities because of their greater visual impact. Minor facilities are those with less visual impact, including those that are attached to something else or disguised from view. Any necessary equipment boxes are considered "Accessory Equipment," which is also defined in the ordinance. d) Set Back (see pages 000021 item # 6) place actual distance zone Setback is defined in other portions of the Municipal Code. It is not re- defined here in order to avoid conflicts with existing Code sections. On page 000006 "Lattice Tower" is defined "...comprised of up to two or more steel support legs. Why not one or more legs? Lattice Tower addresses a specific kind of multi - legged tower that many consider to be particularly unattractive. Standard single poles (monopoles) would be treated as a "ground mounted" facility under the ordinance. Because they are more expensive and more difficult to maintain than a monopole, lattice towers are very rarely used anymore. 200 foot set back should apply to all applications (major and minor). Applying the 200 -foot setback would essentially eliminate all utility- mounted facilities, as well as many building- mounted facilities. The overall visual effect on the City may be greater because it would likely require more use of separate, ground - mounted monopoles. Safety limits should be applicable to all applications (monopine, monopalms, pico cells and micro cells). The FCC safety limits do apply to all installations. Applications must include information about compliance of the facilities with applicable safety regulations. As we have discussed before, the FCC has pre - empted local safety regulations that exceed the FCC regulations. We support the ordinance when it states terms as "mandatory: and "shall" as opposed to "should" and "may." Most of the provisions of the ordinance have been changed to use mandatory language. There are a few areas where permissive language was used to avoid a conflict between two mandatory terms. What safeguards are in place to check the safety limits for transmitters mounted in public rights of way on existing traffic light stands and lighting poles? Should we not have measurements and reports issued for these microcells in the same manner as for a major facility? Section 17.42.060.A.7. requires all wireless facilities to submit safety surveys showing their compliance with applicable electromagnetic frequency emission regulations. This requirement must be included in all CUPs for wireless facilities. This question does raise a minor ambiguity that has been created by the recent changes to the ordinance. Under Section 17.42.090.A.1, the City may pre- approve a list of wireless sites on public property and in the public right -of -way. Originally, this still required a CUP for all such facilities. As amended, the ordinance now allows an administrative permit for sites on public property. It is now unclear if a pre- approved site in the public right -of -way would also be eligible for the administrative permit process, or if a CUP is still required. We recommend appropriate language be added to Section 17.42.090.A.2 to clarify the City Council's desired effect. Signal strength exhibits 17.042.050 cj7 (not clearly explained still need calculations and measurements under maximum loading conditions). This section was written to be non - specific in order to give flexibility for the RF engineers to address each unique facility. However, we have no objection to adding such a requirement to the Section. We suggest amending the last sentence to read, "This RF report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions." Are table numbers on page 000014 (item E) in agreement with the revised tables on pages 000026 - 000037? 2 On page 000014 tables 17.24.020 A & B are possibly 17.20.50 through 17.20.60. Setback requirements are not being changed, and are found in tables 17.24.020 A and B. Tables 17.20.050 and 17.20.060 list the permitted uses in the various zones of the City, and are being revised to add wireless communications facilities. What is the definition of a site if it is just outside the City boundary? Where do we stand if the water tower at Peach hill is technically outside the City? Will 200 foot rule apply? Is the Peach Hill site classified as a "Public right of way "? If an antenna is outside the City, it is outside the City's jurisdiction and control, and the City's ordinances will not apply. While we have not personally verified the City boundary, AT &T Wireless submitted an application for approval of the Peach Hill site to the City, which leads me to conclude that the site is within the City boundary. The 200 - foot rule will apply to major facilities (see 17.42.080.D.1.), and the setback requirements for the proposed zone apply to all other facilities within 200 feet of a residential use (note that is not necessarily a 200 -foot setback — see 17.42.050.E.). We do not believe the Peach Hill site is public right -of -way, but would need to consult the deed or parcel map to verify that. Additionally, if antenna(s) are allowed outside the city, how close can it get to residential homes if transmitters are just outside the city limits and what applies? As discussed above, if an antenna is outside the City, it is outside the City's jurisdiction and control. Its proximity to residential homes will depend upon the rules and regulations applicable to its location. If no specific regulations have been adopted in the neighboring jurisdiction, the FCC safety standards would be the only applicable rules for limiting proximity to occupied structures. Because those FCC standards are based only on surface heating, they are very limited. For example, a free - standing cellular or PCS antenna array is categorically exempted, regardless of power, if it is at least ten meters (33 feet) from the ground.. For more information, we recommend the FCC's publication on the subject entitled, "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance." It may be downloaded from http: // wireless .fcc.gov /siting/rfsafety.html. Laura Stringer ITEM � � From: Sent: To: Subject: Sensitivity: Wohlenberg, Bradley E. [bohlenberg @BWSLAW.COM] Wednesday, February 06, 2002 4:58 PM Montes, Joseph M.; Debbie Traffenstedt (E- mail); Laura Stringer (E -mail) Comments on AT &T Wireless' technical amendments Confidential Joe, Debbie, and Laura, I have reviewed Mr. Albritton's requested changes, and have the following comments. I will refer to the section number of the ordinance where each change is requested. 17.42.020 - "Accessory Equipment" This change is acceptable. 17.42.020 - "Major Facility" This change is acceptable. This is primarily an issue of style. 17.42.020 - "Minor Facility" This change is acceptable, though it depends on the discretion of the reviewing body or officer. Mr. Albritton may be correct that a whip antenna is less obtrusive, but that may vary from person to person. The antennas would still have to be "architecturally compatible," which may be a better approach than screening in certain cases (such as with small or whip antennas). 17.42.020 - "Mounted" This change is acceptable. 17.42.030.A. - This change is unnecessary. Debbie Traffenstedt and I have discussed this, and these kind of changes would be handled through the City's existing processes for modifications and changes. 17.42.050.C.1. - This change is acceptable, though it should be considered in conjunction with the clarifications to 17.42.090 regarding whether or not the administrative permit process should apply to facilities in the public right -of -way, or just to facilities on publicly -owned property. 17.42.050.C.6. - This change is acceptable. It likely has little overall effect in the City's favor, and would avoid a possible conflict with AT &T Wireless. There are legal arguments on both sides, but the expense of arguing them is probably not worth the possible gain. 17.42.050.D.2. - This change is acceptable. It potentially provides a less obtrusive method for screening cables from view (as opposed to building a small enclosure over their length). 17.42.060.A.6. - This change is acceptable. AT &T Wireless wanted this so that they could submit their Certificate of Public Convenience and Necessity (issued by the Public Utilities Commission) as proof of the need for the installation. Market forces would likely prevent an unneeded installation in the first place, so the City gives up very little by this change. 17.42.070.A. and B.; 17.42.080.B.2. - These are more changes related to AT &T Wireless' desire to submit a plan under 17.42.090 for several facilities in the public right -of -way. If the overall change to apply 17.42.090 to public right -of -way (as well as public property) is acceptable to the City, then these changes are acceptable. Otherwise, they are not needed. 17.42.080.D.6. - This does not necessarily create a conflict with D.3. (especially in relation to trees and water tanks), but making the two sections mandatory instead of permissive greatly increased the chance of a conflict (especially in relation to utility poles). The conflict could CG H C C j Cr,,-) 1, ATUv-) /CC C49.) Pi. l.¢. I 1 ry� n likely be avoided by adding to the end of D.6 the phrase, "except where this requirement would be in conflict with the subsection D.3, above." 17.42.090.A. - AT &T Wireless has expressed a desire to place wireless facilities on existing poles in the public right -of -way with as little processing as possible. This change, and the changes related to it, would provide carriers with a method to have categories or types of proposed sites in the public right -of -way reviewed all at once, then further review would be carried out administratively. Originally this was intended only for other types of City -owned property, as the City would have greater control over the proposed facility through a lease with the City as landlord. There is a dispute between AT &T Wireless and the City regarding how much control the City can exercise over facilities in the public right -of -way. AT &T Wireless maintains that the City has no control due to Public Utilities Code section 7901. The City argues that even Section 7901 allows time, place, and manner restrictions on the use of the right -of -way. Allowing an administrative permit process in this manner (Council resolution and hearing, followed by detailed administrative review) may be a viable compromise on this disputed issue. 17.42.090.B. - AT &T Wireless seeks this change to ensure no lease of the public right -of -way is necessary. This is a significant and difficult issue statewide, and requiring a lease on a portion of the right -of -way from a telecommunications carrier would almost guarantee litigation. A pending bill that would have required such compensation was recently gutted (see AB 1150) . 17.42.100 - If the Council's review on appeal would be de novo, this change is likely not necessary. If the Council's review would only be on the appealed issues, this change may be necessary. I don't know enough about the City's existing appeal processes to advise further, so I will defer to Joe Montes. 17.42.110 - As with some of the changes above, this section is already subject to the City's existing processes regarding changes in permits, and therefore is likely not necessary. I hope you find these comments helpful. As before, if you have any questions, please contact me on my cell phone at (213) 247 -8780. Brad Bradley E. Wohlenberg, Esq. Burke, Williams & Sorensen, LLP 611 West Sixth Street, Suite 2500 Los Angeles, CA 90017 -3102 (213) 236 -2705; FAX (213) 236 -2700 bwohlenberg @bwslaw.com www.bwslaw.com This message contains confidential information, and is intended only for the confidential use of its intended addressee. It is subject to the attorney- client privilege, and /or is confidential attorney work product. Recipients should not file it or copies of it with publicly accessible written or electronic records. Unless you are the addressee (or authorized to receive for the addressee), you many not copy, use, review further, or distribute this information. If you have received this message in error, please advise Brad Wohlenberg immediately at (213) 236 -2705 and please promptly destroy the message and any copies. 2 ITEM Blanca Garza From: Paul Albritton [pa @malip.com] Sent: Wednesday, February 06, 2002 3:29 PM To: Wohlenberg, Bradley E.; Debbie Traffenstedt; moorpark @ci.moorpark.ca.us Cc: Bob Morales Subject: AT&T Technical Amendments SHORT VERSION F 0 9 iT*y 1.c oorparkOrd3short.pdf THE ATTACHMENT TO OUR E -MAIL SENT EARLIER TODAY INCLUDED BOTH A COPY OF OUR JANUARY 14TH COMMENTS (ALREADY IN THE PACKET) AND OUR COMMENTS FROM TODAY. THE ENCLOSED ATTACHMENT INCLUDES ONLY TODAY'S COMMENTS (BASED UPON THE CITY'S DRAFT OF LAST FRIDAY). I APOLOGIZE FOR THE EXCESS PAGES SENT; THE ONLY ATTACHMENT YOU NEED PRINT IS THE ONE ENCLOSED WITH THIS E -MAIL. THANK YOU. Ladies & Gentlemen: Please find attached our proposed revisions to the proposed Wireless Telecommunications Facilities ( "WTF ") Ordinance which will be introduced by the Moorpark City Council this evening. The attached proposed revisions are based upon discussions (and compromise) with Assistant City Attorney Bradley Wohlenberg. In general, the amendments clarify interpretation of the ordinance by planning staff and applicants. Thank for your consideration of these proposed minor changes. As stated in our cover note, AT &T Wireless continues to object to the requirement that a CUP be obtained for all WTF in Moopark. Such facilities should be a permitted use (with design and building review) in public right of way as well as in industrial and manufacturing zones. We are available by telephone and a representative of AT &T Wireless will be present at the Council meeting. Please share this document with the members of the City Council. Thank you. Paul Albritton Phone (415) 288 -4000 Mackenzie & Albritton, LLP Fax (415) 288 -4010 One Post Street, Suite 500 San Francisco, CA 94104 CC: HCC Cr''' HTU� /ccic G6 j Fi I Ho+ RDIde r- 1 1 Mackenzie & Albritton,LLP, on behalf of AT &T Wireless, submits the 'attached technical revisions to the Moorpark WTF Ordinance based upon discussions with Asst. City Attorney Brad Wohlenberg. For the most part the revisions should clarify interpretation of the ordinance by applicants and staff. AT &T Wireless still maintains that a CUP should not be required for the placement of WTF in the pubic right of way given its rights as a public utility under California law. WTF's should also be a permitted use in Industrial and Manufacturing zones. AT &T Wireless hopes to establish an agreed upon right of way site procedure under 17.42.090. Thank you for incorporating the attached amendments. ATTACHMENT I 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 REVEALING 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 \Everyonel6rdinances \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 COMMUNICATIONS FACILITIES. 17.42.060 REQUIRED FINDINGS FOR B61 WIRELESS COMMUNICATIONS FAC I 17.42.070 ADDITIONAL REGULATIONS FOR MI 17.42.080 ADDITIONAL REGULATIONS FOR 17.42.090 PUBLIC PROPERTY FACILITIES. 17.42.100 APPEAL OR REVIEW AND NOTICE . 17.42.110 RESERVATION AND RIGHT TO RE I 17.42.120 FACILITY REMOVAL. 17.42.130 TEMPORARY USE DURING DECL p 17.42.010 PURPOSE. A. The purpose of these requirement regulate the location and design of W Facilities as defined herein to fa( deployment and development of wireless e in the City of Moorpark, to ensure the 4 Wireless Communications Facilities are co of the City previously adopted to guide t of the City of Moorpark to promote the comfort, convenience, quality of life and City's residents, to protect property aesthetic appearance of the City by mai ....and structural integrity, and by protectir and unsightly accessory uses and Facilitie: B. In adopting and implementing the of .this Ordinance,. it is the intent of the to further the objectives specified a reasonable regulations in conformance with Telecommunication Act of 1996 without u the federal interests in ensuring access services, in promoting fair and effect . competing communication service provider: local restrictions and regulations th AND MINOR WIRELESS MAJOR AND MINOR TIES. OR FACILITIES. OR FACILITIES. PERMITS. EMERGENCY. and guidelines is to .reless Communications ilitate the orderly =unications services esign and location of isistent with policies ie orderly development lublic health, safety, ;eneral welfare of the values and enhance staining architectural 4 views from obtrusive regulatory provisions Moorpark City.Council )ove, and to create the provisions of the ,necessarily burdening to telecommunication ve competition among and in eliminating it, with regard to 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 to applications- to W�lace _ Wireless_ Communications Facilities in the public Mri ht- of -wa_, these regulations are intended to be reasonable time, place, and manner in _ _accordance with _ the C i_ty' s � powers , California Public Utilities Code section 7901, and the Telecommunications Act of 1996 s ecificall , Title 47, United States code,. Section 253 and Section 332�c ���� _ If an application to place Wireless Communications Facilities in the Y p public right-of-way complies with the rules and guidelines set forth in this Chapter, then the City shall issue any necessary ermits for com letion 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. "Accessory Equipmentw 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. "For purposes of this ordinance, Facilities are categorized by the manner in which antennas are Mounted and not by the placement of Accessory Equipment. It is presumed that all Facilities shall include Accessory Equipment which shall not affect how the facility is Mounted." 000005 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 either-znay be owned or operated by rfter- �z 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 speei&izeally 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 peevairde� that the Roof Mounted Facility is not seL=eeeed en a-11 €eursides eempatib- a —with die er- the Reef --tad- tht Of the appl-'eable p - -ice— �eee_tsed a_*- To avoid possible conflict of definitions this sentence can OOOOOG end with the words "Minor Facility ". Screening may not be architecturally compatible. Whip antennas may be less visible than screening. The phrase "must be screened ...sides" should be deleted. Ordinance is clearly drafted to refer to mounting of antennas (and not Accessory Equipment). (See e.g. "Ground Mounted" definition) 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 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.$, 17.42.070.C, and 17.42.070.D of this Code; and --(3) If Roof Mounted, the entire Facility nuat be sereened with sagmod— materia! _ee €e__ -s4des, 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 Stealth F St Facility Disguised Fac or a eaa _ - g � 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. "Antenna" "Mounted" means any manner ofl 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 000007 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 above- ground structure that is primarily designed. and eriqi!nall:y— 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 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. "in a manner which materially 17 .4 2 .030 APPLICABILITY. increases the size or bulk of antennas A CUP should not be or Antenna Structures" required for the A. All Wireless Communications Facilities which are replacement of erected, located existing antennas with r Mounted or raoQi4ie^'_- -•',�- �modi.fied within the smaller antennas. 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: f1f1!` Ordinance No. Page 8 I. 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 Maje 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 000010 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. Note section C . Application Requirements and Procedures. 17.42.090 which " Exce t as otherwise provided in this ordinance" permits 1. Both Major and Minor Facilities - .proposed to be administrative erected, located, Mounted, operated and maintained at all times approval on designated sites. 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 Ordinance No. Page 10 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 validates 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 one (1 &) miles 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, tine We believe that reetsons, if etny, this provision could be successfully ' ' ' challenged under State and Federal Mow, petz k. Law. 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 RV 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. 000012 Ordinance No. Page 11 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 seal r required signage. "conduit " 2. Any and 11 Accessory Equipment, or other equipment associated wit the operation of the Facility, including but not limite 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 000013 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 event tenot 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 17.24.0208 of the Moorpark zoning Code, with the exception of Utility Mounted Facilities, if all other requirements in Sections 17.42.070.8, 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 17.24.0208 of the Moorpark Zoning Code, with the exception of Utility Mounted Facilities, if all other requirements in Sections 17.42.070.8, 000014 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 shams -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 s14eald shall, 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. 6. The availabilirty tr },a�,e --'mot -ems Pe leeatieRs for the 46. The nature of existing uses on adjacent and nearby properties. 000b s Ordinance No. Page 14 -$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. "consistent with California law." 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 Facilit Y is in .... compliance with a licable Federal re5Lulations regarding electromagnetic frequency emissions. _Such field survey shall be provided to the City upon request, not exceed one such request in any 24 -month period. R. 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. S 332(c)(7)(3)(iii). 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,l has been designed as a Disguised or Stealth Facility, and: "Administrative Approval as provided herein," 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. "or Administrative Approval as provided herein" S. U ility Mounted Facilities — Vertical Extensions. A Utility Mo nted 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 (3614) 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 re uirements 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 000017 Ordinance No. Page 16 Accessory Equipment from view, and /ox- 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 geogJ rr phi aa-�- 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- be- served e 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 1,540 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. See 17.42.090 2. A Ground Mounted Facil ty shall be covered with a clear anti- graffiti material of a t e proved by the Planning Commission. The Planning Commission ma r 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 00001.9 Ordinance No. Page 1S 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 mod - -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 should —shall be located at least five hundred (500) feet from the existing Major Facility. 3. A Ground Mounted Facility should shall 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 (1S) 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 mounted sheeld 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 she,ald 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. Conflicts with No. 3 above and should be deleted. 17.42.090 PUBLIC PROPERTY FACILITIES. or category of sites for A. Pre - Approved Locations. public right of way 1. The City may approve by Resolution, follo ing a duly noticed public hearing, a list of sites located on ublic 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 Cam— Administrative Permit in accordance with the Moorpark g 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 . "Sub'ect to existinq State law regarding use of public right of wa " 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. 00002'i. ordinance No. Page 20 "and statement for grounds of appeal. ". required for Applicant due Any applicant --ar, the operator and /or owner of a Facility, process. or mber of the City the may appeal a final decision of the Dire tar of Community Development or the Planning Commission. All appeals shall be processed in accordance with Moorpark Zon' g Code Section 17.44.090 including payment of required fees. 17.42.1 -a10 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 A change to Facility as described and diagramed in the related Site Plan: smaller antennas increased height or size of the Facility; additional impairment "material should not have of the views txom surrounding properties; of increase in the to be approved g p p size or bulk" by the Planning antenna or supporting structure; changed color or materials; Commission. substantial change in location on the site; and an effective increase in signal output above ar eea,- 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 done- hundred eighty (18 -90) 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 eesix -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. Vie GUP geE aAll Utility Mounted Facilities shall be to reqialre— iaemeva- removed or went 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 15 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 S. 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 .99. 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 $ — Revised Table 17.20.060 2001. 000025 FROM .3 FAX N0. Jan. 05 2002 Be:59PM P1 kaJ.S VM E30S�.�9aa3� P. 51 Tha following terms reed to be more clearly defined: a) Public Right of Way b) Major racility c) Minor Facility d) Set Back (see page 000021 item# 6) place actual On gags 000006 0Utt$CenTower "$is defined " to ..wo or more steel su s•.eamptiBtd of up support Legs." why not one or, more lsgs? 200 fOctt stet back should apply to ell applications (major and minor). Safety limits should be applicable to all applications (monopine, monopalms, pica Cells and micro cells). We support the ordinance when it states termSaellmandatory" and 1 1shall" as opposed to -'should" and "may ". what Safeguards are in place to check the safety limits for transmitters mounted in public rights of way On existing traffic light stands and lighting poles? Should we not have measurements and reports issued for these microcells in the same manner as for the major facility? 6i9nal strength exhibits 17.042.050 Cj7 (not clearly explained still need calculations and measurements under maximum loading conditions). Are table numbers bn page 000014 (item E) in agreement with the revised tables on pages 000026 a 000037? On page 000014 tables 17.24.020A & B are possibly 17.20.50 through 17.20.50. What is the definition of a site if it is just outside the City boundary? Where do we stand if the water tower at Peach Hill is technically outside the City? will 200 foot rule apply? is the 'each Hill site classifiers as a "public night of way ",> Additionally, if am antenna(s) are allowed outside the city, how close can it get to residential homes if transinittexts are Just outside the city limits and what applies? cc: Hcc c:ry, `17c-4--n / C C