HomeMy WebLinkAboutAGENDA REPORT 2020 0115 REG CCSA ITEM 10OCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of January 15, 2020
ACTION Adopted Resolution No. 2020-
3884. BY B.Garza.
O. Consider a Resolution Directing the Planning Commission to Hold a Public
Hearing, and Provide a Recommendation to the City Council on Amendments to
Title 17 (Zoning) of the Moorpark Municipal Code to Incorporate the City Council
Policy Regarding Permitting Requirements and Development Standards for
Small Wireless Facilities into the Zoning Ordinance. Staff Recommendation:
Adopt Resolution No. 2020-3884. (Staff: Doug Spondello)
Item: 10.O.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Karen Vaughn, Community Development Director
BY: Douglas Spondello, Planning Manager
DATE: 01/15/2020 Regular Meeting
SUBJECT: Consider a Resolution Directing the Planning Commission to Hold a
Public Hearing, and Provide a Recommendation to the City Council
on Amendments to Title 17 (Zoning) of the Moorpark Municipal Code
to Incorporate the City Council Policy Regarding Permitting
Requirements and Development Standards for Small Wireless
Facilities into the Zoning Ordinance
BACKGROUND/DISCUSSION
On September 26, 2018, the Federal Communications Commission (FCC) adopted its
Declaratory Ruling and Third Report and Order (Report and Order), which establishes a
new category "small wireless facility." The Report and Order, in an effort to streamline
the deployment of small wireless facilities for the deployment of infrastructure necessary
for 5G and other advanced wireless services, purports to give wireless service providers
the right to utilize public right-of-way and to attach small wireless facilities to public
infrastructure. The Report and Order substantially restricts local governments' ability to
regulate such facilities in public rights-of-way. The Report and Order requires that fees
charged for small wireless facilities be reasonable and objective, sets timeframes
(referred to as "shot clocks") for reviewing and approving applications for new and
additional small wireless facilities and requires that aesthetic standards be reasonable
and published in advance. The Report and Order took effect on January 14, 2019. The
provision requiring published aesthetic standards took effect on April 15, 2019. On April
17, 2019 the City adopted an Urgency Ordinance establishing aesthetic standards
related to Small Wireless Facilities.
These provisions served as an interim measure but established development and
design criteria that should be included in the Title 17 (Zoning) of the City Code. The
proposed Zoning Ordinance Amendment will add the relevant sections of the small
wireless facility policy to the Zoning Code.
Item: 10.O.
869
Honorable City Council
01/15/2020 Regular Meeting
Page 2
ENVIRONMENTAL DETERMINATION
The action by the City Council to authorize staff to prepare amendments to the Zoning
Code is considered administrative policymaking and is therefore not subject to
environmental review pursuant to Section 15378(b)(2) of the California Environmental
Quality Act (CEQA). If staff is authorized to initiate the amendments to the Zoning
Code, any potential environmental impacts associated with the amendments will be
evaluated pursuant to CEQA.
FISCAL IMPACT
Other than staff time, there are no direct fiscal impacts associated with this request.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Adopt Resolution No. 2020-____.
Attachment: Draft Resolution No. 2020-____
870
RESOLUTION NO. 2020-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DIRECTING THE PLANNING
COMMISSION TO HOLD A PUBLIC HEARING AND
PROVIDE A RECOMMENDATION TO THE CITY COUNCIL
ON AMENDMENTS TO TITLE 17 (ZONING) OF THE
MOORPARK MUNICIPAL CODE TO INCORPORATE THE
CITY COUNCIL POLICY REGARDING THE PERMITTING
REQUIREMENTS AND DEVELOPMENT STANDARDS
FOR SMALL WIRELESS FACILITIES INTO THE ZONING
ORDINANCE.
WHEREAS, Section 17.44.050 of the Municipal Code provides that the City
Council may initiate proceedings to consider amendments to the Zoning Ordinance by
the adoption of a resolution of intent; and
WHEREAS, the City Council wishes to initiate proceedings to consider a Zoning
Ordinance Amendment that would amend Title 17 (Zoning) of the Moorpark Municipal
Code to incorporate the City Council policy regarding the permitting requirements and
development standards for small wireless facilities established by Resolution No. 2019-
3800 into the Zoning Ordinance; and
WHEREAS, the Community Development Director has determine that the
initiation of proceedings for a Zoning Ordinance Amendment is not subject to
environmental review, pursuant to Section 15378(b)(2) of the California Environmental
Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Community Development Director that the initiation of
proceedings for a Zoning Ordinance Amendment is not subject to environmental review,
pursuant to Section 15378(b)(2) of the California Environmental Quality Act.
SECTION 2. INITIATION OF PROCEEDINGS: The City Council hereby
authorizes the initiation of proceedings to consider a Zoning Ordinance Amendment that
would amend Title 17 (Zoning) of the Moorpark Municipal Code to incorporate the City
Council policy regarding the permitting requirements and development standards for
small wireless facilities established by Resolution No. 2019-3800 into the Zoning
Ordinance.
SECTION 3. DIRECTION TO PLANNING COMMISSION: The Planning
Commission is hereby directed to study, hold a public hearing, and provide a
recommendation to the City Council on this matter.
ATTACHMENT
871
Resolution No. 2020-___
Page 2
SECTION 4. CITY CLERK CERTIFICATION AND FILING: The City Clerk shall
certify to the adoption of this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 15th day of January, 2020.
________________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
872