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Home My WebLink AboutORD 272 2001 0719ORDINANCE NO. 272 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ENACTING FOR A PERIOD OF FORTY -FIVE DAYS A MORATORIUM ON THE ISSUANCE OF PERMITS FOR CONSTRUCTION OR PLACEMENT OF WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY, AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council of the City of Moorpark finds and determines as follows: A. The City of Moorpark holds the right to make and enforce all laws and regulations not in conflict with the general laws, and the City holds all rights and powers established by state law. B. The City has received and anticipates numerous requests by wireless telecommunications providers for the placement of wireless telecommunications facilities. However, the provisions of the City Municipal Code that may regulate the construction and placement of wireless telecommunication facilities in the City are inadequate and need review, study, and revision. The current provisions also fail to fully take into account the impacts related to the location and manner of construction of wireless telecommunications facilities, and the related public health, safety, and welfare concerns. C. Additionally, the City Council has recently expressed grave concerns about the heavy construction and installation of wireless telecommunications facilities. The City Council also desires to evaluate and enhance the public works and aesthetic standards regarding such facilities, if necessary. D. Without the enactment of this Ordinance, multiple wireless telecommunications providers could quickly receive permits to install wireless telecommunications facilities that pose a threat to the public health, Ordinance No. 272 Page 2 safety, and welfare. The City Council hereby determines that the Municipal Code is in need of updating to protect the public against health, safety, and welfare dangers caused by multiple telecommunications providers each constructing separate wireless telecommunications facilities. The City requires additional time to prepare, evaluate and adopt reasonable regulations regarding the placement and construction of wireless telecommunications facilities so that such regulations are applied to wireless telecommunications providers in a nondiscriminatory manner. E. In order to prevent frustration of these studies and the implementation of new regulations, the public interest, health, safety, and welfare require immediate enactment of this Ordinance. The absence of this Ordinance would impair the orderly and effective implementation of contemplated Municipal Code amendments, and any further authorization of these uses within the City during the period of the moratorium may be in conflict with or may frustrate the contemplated updates and revisions of the Municipal Code. F. Due to multiple inquiries for permits allowing the construction of wireless telecommunications facilities in the City, the City finds that there is a current and immediate threat to the public health, safety, or welfare and that this Ordinance is necessary in order to protect the City from the potential effects of uncoordinated and conflicting construction of wireless telecommunication facilities in the City, multiple obstructions of traffic and commerce on City streets, the aesthetic impacts to the City, and other similar or related effects on property values and the quality of life in the City's neighborhoods. G. The City Council further finds that this moratorium is a matter of local and Citywide importance and is not directed towards any particular telecommunications provider that currently seeks the issuance of a public works permit. Ordinance No. 272 Page 3 H. The City Council finds that this Ordinance is authorized by the City's police powers, and is intended to be in accord with the August 5, 1998 Agreement between the Federal Communications Commission's Local and State Government Advisory Committee, the Cellular Telecommunications Industry Association, the Personal Communications Industry Association, and the American Mobile Telecommunications Association relating to moratoria on the siting of wireless telecommunications facilities. The City Council further finds that the length of the moratorium imposed by this Ordinance will not in any way deprive any person of rights granted by state or federal laws, because the moratorium is short in duration and essential to protect the public health, safety and welfare. SECTION 2. Interim Regulations. The following provisions are hereby adopted as interim requirements for the issuance of permits pursuant to the Moorpark Municipal Code for construction of certain improvements within the public rights -of -way, and any construction in the City in conflict with these provisions is expressly prohibited: A. Restricted Activities. For a period of forty -five (45) days following the enactment of this Ordinance, no person shall be issued a permit or land use entitlement for the construction or placement of new wireless telecommunications facilities within the City. The City Manager or his or her designee shall review any application for a permit or land use entitlement to determine compliance with the provisions of this Ordinance. City staff, including City boards and commissions, is directed to refrain from accepting or processing any application for any land use entitlement necessary for construction of a wireless telecommunications facility, and to refrain from issuing any land use entitlement for any pending applications already received. These prohibitions shall remain in effect during the forty -five (45) days following enactment of this Ordinance. B. Definitions. In addition to the definitions contained in the City's Municipal Code, the following words and phrases shall, for the purposes of this Ordinance, be Ordinance No. 272 Page 4 defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the Municipal Code, the following definitions shall prevail: 1. "Wireless Telecommunications Facilities" means any facility, constructed within the City for the provision of personal wireless services as defined in 47 USC 332 (c)MC, to wit, "(i) the term 'personal wireless services' means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services; (ii) the term 'personal wireless service facilities' means facilities for the provision of personal wireless services; and (iii) the term 'unlicensed wireless service' means the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct -to -home satellite services (as defined in section 303(v) of this title)." SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. Notice of Adoption. The City Clerk 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 publish this ordinance, or the title hereof as a summary, pursuant to state statute. SECTION 5. Vote Required. In accordance with Government Code §65858, as an urgency moratorium ordinance, this Ordinance requires a four - fifths (4/5) vote of the entire City Council. Ordinance No. 272 Page 5 SECTION 6. Urgency Measure - Effective Date. This Ordinance shall be introduced, passed, and adopted at one and the same meeting as an urgency measure. As an urgency moratorium, this Ordinance shall become effective immediately and shall continue in full force and effect, unless amended or repealed, for a period of forty -five (45) days. The reasons for this urgency are declared and set forth in Section 1 of this Ordinance and are incorporated herein by reference. PASSED AND ADOPTED this 19th ' ATTEST: Deborah S. Traffenste t, City Clerk Ordinance No. 272 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 272 was adopted by the City Council of the City of Moorpark at a duly noticed special meeting held on the 19th day of July, 2001, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Millhouse, Wozniak, and Mayor Hunter NOES: None ABSENT: Councilmember Mikos ABSTAIN: None WITNESS my hand and the official seal of said City this 3rd day of August, 2001. Deborah S. Traffenste , City Clerk (seal)