HomeMy WebLinkAboutORD 472 2019 0501 ORDINANCE NO. 472
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, REGARDING SMALL WIRELESS
FACILITIES, AMENDING TITLE 15 OF THE MOORPARK
MUNICIPAL CODE REGARDING THE SAME, AND
APPROVING CALIFORNIA ENVIRONMENTAL QUALITY
ACT EXEMPTIONS IN CONNECTION THEREWITH
WHEREAS, on September 26, 2018, the Federal Communications Commission
("FCC") adopted its Declaratory Ruling and Third Report and Order ("Report and
Order") relating to placement of small wireless facilities in public rights-of-way, and the
Report and Order went into effect on January 14, 2019; and
WHEREAS, the Report and Order purports to give providers of wireless services
rights to utilize public rights of way and to attach so-called "small wireless facilities" to
public infrastructure including infrastructure of the City of Moorpark, subject to payment
of "presumed reasonable", non-recurring and recurring fees, and as such, the ability of
local agencies to regulate use of their rights-of-way is substantially limited under the
Report and Order; and
WHEREAS, notwithstanding the limitations imposed on local regulation of small
wireless facilities in public rights-of-way by the Report and Order, local agencies retain
the ability to regulate the aesthetics of small wireless facilities, including location,
compatibility with surrounding facilities, spacing, and overall size of the facility, provided
the aesthetic requirements are: (i) "reasonable", i.e., "technically feasible and
reasonably directed to avoiding or remedying the intangible public harm or unsightly or
out-of-character deployments"; (ii) "objective", i.e., they "incorporate clearly-defined and
ascertainable standards, applied in a principled manner"; are (iii) published in advance.
Regulations that do not satisfy the foregoing requirements are likely to be subject to
invalidation, as are any other regulations that "materially inhibit wireless service", (e.g.,
overly restrictive spacing requirements); and
WHEREAS, local agencies also retain the ability to regulate small wireless
facilities in the public rights-of-way in order to more fully protect the public health and
safety, ensure continued quality of telecommunications services, and safeguard the
rights of consumers; and
WHEREAS, it is the intent of the City Council in adopting this Ordinance to
supersede regulations of the City that conflict with the Report and Order, and to
establish consistent regulations governing deployment of small wireless facilities in
order to more fully protect the public health, safety, and welfare, and the City Council
declares that it adopts this Ordinance with the understanding that the City expressly
reserves all rights to re-enact and/or establish new regulations consistent with State and
federal law as it existed prior to adoption of the Report and Order in the event the
Report and Order is invalidated, modified, or limited in any way.
Ordinance No. 472
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
ORDAINS AS FOLLOWS:
SECTION 1. Findings. The City Council finds that each fact set forth in the
preceding recitals are true and correct.
SECTION 2. A new Chapter 15.44 of Title 15 (Buildings and Construction) is
hereby added to the Moorpark Municipal Code to read as follows:
"CHAPTER 15.44
SMALL WIRELESS FACILITIES
Sections:
15.44.010 City Wide Policy
Notwithstanding any other provision of the Municipal Code to the contrary,
all small wireless facilities as defined by the FCC in 47 C.F.R. §
1.60002(1), as may be amended or superseded, shall be subject only to
and must comply with the "City Wide Policy Regarding Permitting
Requirements And Development Standards For Small Wireless Facilities"
adopted by City Council resolution. No person shall construct, install,
attach, operate, collocate, modify, reconstruct, relocate, remove, or
otherwise deploy any small wireless facility in violation of such policy."
SECTION 3. CEQA. The City of Moorpark has determined that the adoption of
this Ordinance is exempt from review under the California Environmental Quality Act
("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State
CEQA Regulation §15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)) covering activities
with no possibility of having a significant effect on the environment. In addition, the City
of Moorpark has determined that the ordinance is categorically exempt pursuant to
Section 15301 of the CEQA Regulations applicable to minor alterations of existing
governmental and/or utility-owned structures.
SECTION 4. Future Modifications. The City Council finds and declares that it is
adopting this Ordinance in order to more fully protect and preserve the public health and
safety with respect to City rights-of-way in light of the adoption of the Report and Order.
Notice is hereby given to any and all wireless providers obtaining a permit pursuant to
the Moorpark Municipal Code as amended herein, that the City expressly reserves any
and all rights it possessed prior to the adoption of the Report and Order concerning its
authority to regulate its public rights-of-way. In the event the Report and Order is
invalidated, modified, or limited in any way, the City Council reserves the right, subject
to reasonable notice and due process, to modify the terms and conditions applicable to
any permit issued hereunder including, but not limited to, the term, fees charged, and
scope of any future wireless deployments within the City's rights-of-way.
Ordinance No. 472
Page 3
SECTION 5. Severability. If any sections, subsections, sentence, clause, or
phrase of the Chapter adopted by this Ordinance is for any reason held to be invalid or
unconstitutional by the decision or legislation of any court of competent jurisdiction, or
by reason of preemptive legislation, such decision or legislation shall not affect the
validity of the remaining portions of the Chapter. The City Council declares that it would
have passed this Ordinance, and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that one or more of the sections, subsections,
sentences, clauses, or phrases thereof is declared invalid or unconstitutional.
SECTION 6. Publication and Certification. The City Clerk shall certify the
adoption of this Ordinance and cause it to be published in the manner required by law.
APPROVED AND ADOPTED this 1st day of May, 2019.
0 e S. Parvin, Mayor
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Ordinance No. 472
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, Assistant City Manager/City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury that the foregoing
Ordinance No.472 was adopted by the City Council of the City of Moorpark at a regular
meeting held on the 1st day of May, 2019 and that the same was adopted by the
following vote:
AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 1st day of May, 2019.
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Deborah S. Traffenstedt
Assistant City Manager/City Clerk
(seal)
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