HomeMy WebLinkAboutORD 278 2002 0306ORDINANCE NO. 278
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, 2001, the City
the status of interim prohibition of Wireless
Facilities and extension of Ordinance No.
Ordinance No. 275, extending Ordinance No.
Ordinance No. 273 to extend the moratorium
2002; and
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:
Ordinance No. 278
Page 10
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
the applicant's efforts to locate the Facility in accordance
with the screening and site selection guidelines set forth in
Paragraph (F) 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) mile of
its geographic borders, as well as any proposed or planned sites
within said boundary that may reasonably be known to the
applicant at the time the application is made.
6. Each application shall contain a narrative and
appropriate maps that disclose the geographic area(s) within the
City of Moorpark that will be serviced by the proposed Facility,
the geographic area(s) bordering the City of Moorpark, if any,
that will be serviced by the proposed Facility, and the nature
of the service to be provided or purpose of the Facility.
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.
Ordinance No. 278
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. 278
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.
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Section 17.08.010
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derivations shall
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Ordinance No. 278
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 may be owned or operated by one (1) or more
service providers at single or adjacent parcels or lots and
which may or may not be mounted to a common supporting
structure, wall or building.
"Commercial Mobile Service" means any mobile service that
(1) is offered in return for monetary compensation, (2) is
available to the public or a substantial portion of the public
and (3) provides subscribers with the ability to access or
receive communication from the public switched telephone
network. Commercial Mobile Service includes, but is not limited
to, paging service, wireless data transmission, cellular
telephone service, specialized mobile radio service (SMR), and
personal communications service (PCS).
"Disguised Facility" means any Wireless Communications
Facility, which is designed to blend into the surrounding land,
typically one that is architecturally integrated into a building
or other concealing structure.
"Fixed Wireless Service" means any service providing Radio
Communication to or from Antenna Structures at fixed and
specified locations which are not designed to be moved during
operation and which offers the ability to access or receive
communication from the public switched telephone network.
"Ground Mounted" means a Wireless Communications Facility
that is Mounted to a pole, Lattice Tower or other freestanding
structure that is primarily constructed for the purpose of
supporting an antenna.
Ordinance No. 278
Page 5
"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 Ground Mounted, or is Wall Mounted, Utility Mounted, or
Roof Mounted but does not meet the definition of a Minor
Facility.
"Microwave Communication" means the transmission or
reception of Radio Communication at frequencies of a microwave
signal (generally, in the 3GHz to 300GHz frequency spectrum).
"Minor Facility" means a Wireless Communications Facility
that is Wall Mounted, Utility Mounted, or Roof Mounted as
follows: (1) If Wall Mounted, the Facility is architecturally
compatible with the building structure and surrounding land
uses; (2) If Utility Mounted, the Facility is required to be
compatible with surrounding land uses, must be proposed for
attachment to an existing above - ground structure, and comply
with all other provisions of Section 17.42.070.B, 17.42.070.C,
and 17.42.070.D of this Code; (3) If Roof Mounted, the entire
Facility must be screened with solid material on four sides or
integrated into the architecture of the building, 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.
" 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
Ordinance No. 278
Page 6
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
above - ground structure that is 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
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.
Ordinance No. 278
Page 7
"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 modified within the City of
Moorpark on or following the effective date of this Ordinance
shall comply with this Chapter, subject to the categorical
exemptions under Paragraph (D) of this Section, provided that:
1. All Facilities for which applications were
determined complete by the Community Development Department
prior to the effective date of this Ordinance shall be exempt
from the regulations and guidelines of this Chapter and shall be
subject to Chapter 17.52 of the Moorpark Zoning Code regulating
nonconforming structures and uses and any other applicable
permit requirements of the Moorpark Zoning Code.
2. All Facilities for which building permits were
issued by the City of Moorpark prior to the effective date of
this Ordinance shall be exempt from the regulations and
guidelines of this Chapter, and shall be subject to the
regulations and guidelines of Chapter 17.52 of the Moorpark
Zoning Code, regulating nonconforming structures and uses,
unless and until such time as Paragraph (A) of this Section
applies.
B. All Facilities for which building permits and any
extension thereof have expired shall comply with the provisions
of this Chapter.
C. All Facilities constructed or erected prior to the
effective date of this Ordinance that are in violation of
applicable laws, ordinances, or other regulations shall be
considered an illegal nonconforming Facility, no longer
Ordinance No. 278
Page 8
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 (8') 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 Facility to
the relevant property line at a point five (5) feet above ground
level.
Ordinance No. 278
Page 9
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.Except 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;
C. The height of any existing or proposed
structure(s);
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;
Ordinance No. 278
Page 11
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
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.
Ordinance No. 278
Page 12
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.
6. The applicant, and the property owner if
different from the applicant, shall 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
Ordinance No. 278
Page 13
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 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 shall be
compatible with surrounding and supporting structures.
4. If feasible, the location of the proposed
Facility 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.
Ordinance No. 278
Page 14
6. 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
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. This radio - frequency (RF)
report shall also include signal strength exhibits, including
calculations and measurements under maximum loading conditions.
Such field survey shall be provided to the City upon request,
not to exceed one such request in any 24 -month period.
Ordinance No. 278
Page 15
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 Facility.
B. Utility Mounted Facilities - Vertical Extensions. A
Utility Mounted Facility may 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
Ordinance No. 278
Page 16
Mounted Facility. A Utility Mounted Facility may not protrude
or extend horizontally more than thirty -six (36) 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
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
Ordinance No. 278
Page 17
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
located 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.
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
Colocated, it must be sited at
existing Major Facility unless
determines that a shorter distance
reasons, or that it would result in
the surrounding area.
Major Facility cannot be
least 1,500 feet from any
the reviewing authority
is required for technological
less visual obtrusiveness in
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.
Ordinance No. 278
Page 18
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.
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 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 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,
Ordinance No. 278
Page 19
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 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
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 shall be
located in any required setback.
17.42.090 PUBLIC PROPERTY FACILITIES.
A. Pre - Approved Locations.
1. The City may approve by Resolution, following a
duly noticed public hearing, a list of sites located on public
property or within the public right -of -way and which are
approved for Minor and Major Facilities. Each site, 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 Administrative Permit in
accordance with the Moorpark Municipal Code Chapter 17.44, and
all additional or different requirements made applicable by this
Chapter for the CUP application and processing for 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
Ordinance No. 278
Page 20
other applicant wishing to Colocate to the extent technically
feasible.
B. Requirement for Separate Lease Agreement. Subject to
State law regarding use of public right -of -way, any lease of
City -owned property for the purpose of erecting a Wireless
Communications Facility shall require a negotiated lease
agreement or other written license granted by the City of
Moorpark. The existence of a lease agreement or license shall
not relieve an applicant of any obligations to obtain
appropriate permits hereunder or otherwise comply with the
Moorpark Zoning Code.
17.42.100 APPEAL OR REVIEW AND NOTICES.
Any applicant, 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 grounds of appeal.
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 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
Ordinance No. 278
Page 21
any violations of the conditions imposed on such permit pursuant
to Section 17.44.070 of the Moorpark Zoning Code.
C. Modification of Permit /Coloration. 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
such removal, repair and restoration shall be completed within
one - hundred eighty (180) 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
six -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. All
Utility Mounted Facilities shall be removed or relocated 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
Ordinance No. 278
Page 22
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
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
Ordinance No. 278
Page 23
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
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
ATTEST:
Deborah S. TraffenstecTt
City Clerk
Attachments:
Exhibit A - Revised Table 17.20.050
Exhibit B - Revised Table 17.20.060
Ordinance No. 278
Page No. 24
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
City council - approved planned development permit
O Planning commission - approved conditional use permit
City council- approved conditional use permit
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND
SPECIAL PURPOSE ZONES
EXHIBIT A
OS
AE
RA
RE
RO
R1
R2
RP
D
TP
I
Agriculture and agricultural operations
(no retail except as indicated).
Animal husbandry: Without structures
With structures: total GFA per lot:
Up to 1,000 sq. ft.
Over 1,000 to 5,000 sq. ft.
♦
♦
O
Over 5,000 to 20,000 sq. ft.
♦
♦
O
Over 20,000 to 100,000 sq. ft.
O
O
Over 100,000 sq. ft.
O
O
Apiculture
Fish farms
O
O
O
O
O
More animals than are permitted by
Section 17.28.030C
O
O
O
Contractors2 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. processini, 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
O
O
O
EXHIBIT A
Ordinance No. 278
Page No. 25
Revised Table 17.20.050
per lot
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
Pack-ing, storage or prelim. processing
of crops: Without structure'
Airfields and landing pads and strips,
private
O
O
O
O
O
Animals, nonagricultural (see also
Dwellings, accessory uses and
structures
SEE ANIMAL HUSBANDRY
Kennels
O
O
O
Wild animals
O
Boardinghouses and bed- and - breakfast
inns
O
O
O
O
O
O
Care facilities (see also H &SC and
W &IC)
Day: Care of 12 or fewer persons (State
law requirement related to day care
facilities for 7 - -12)
Care of 13 or more persons
O
O
O
O
O
O
O
Intermediate: Care of 7 or more persons
(see definitions
O
O
O
O
O
O
Residential: Care of 6 or fewer persons
♦
♦
♦
♦
♦
♦
♦
•
Care of 7 or more persons
O
O
O
O
O
O
Cemeteries
O
O
O
O
O
O
O
O
Accessory crematoria, columbaria and
mausoleums
O
O
O
Churches, synagogue and other
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
0
0
0
0
0
0
0
0
Ordinance No. 278
Page No. 26
Revised Table 17.20.050
Affordable or elderly, built pursuant to
Chapter 17.64
Dwellings, two - family, or two single-
family dwellin s°
Affordable or elderly, built pursuant to
Chapter 17.64
Dwellings, multifamil
•
Affordable or elderly, built pursuant to
Chapter 17.64
Dwellings, accessory structures
For human habitation:
Mobilehome /RV as temporary dwelling
during constructionZ
Second dwelling"
■
■
■
■
■
■
■
■
Room additions
■
■
■
■
■
■
■
■
Not for human habitation (with or
without bathroom):
Second story patio/deck
■
■
■
■
■
■
■
■
Accessory structure over 120 s . ft.
■
■
■
■
■
■
■
■
Over 1,000 sq. ft. per structure; or over
2,000 s . ft. per lot
O
O
O
O
O
O
O
O
Antenna, ground- mounted
noncommercial), above 40 ft.z
O
O
O
O
O
O
O
O
O
Dwellings, accessory uses
Animals
Apiculture
Aviaries
O
O
O
O
Farm animals 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
r I I I 1 0 O
Ordinance No. 278
Page No. 27
Revised Table 17.20.050
Hospitals for large animals
O
O
Libraries
O
O
O
O
O
O
O
Mineral resource development
O
O
O
Mining and accessory uses
O
O
O
Less than 9 months in duration
O
O
O
O
Public works maintenance
Oil and gas exploration and production'
O
O
O
O
Mobilehome parks2
O
O
O
O
O
O
Model homes /lot sales'; 2 years
More than 2 years
O
O
O
O
O
O
Motion picture and TV production, and
related activities and structures
O
O
O
O
O
O
O
O
O
Temporary (maximum 42 days in any
180-day period)'-'
Pipelines and transmission lines,
aboveground 2
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
Cam s`
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 gole
O
O
O
O
O
O
O
O
Parks
♦
O
♦
♦
♦
I ♦
♦
•
O
With buildings
O
O
O
O
O
O
O
O
O
Periodic outdoorsporting events
0
O
Recreational vehicle parks2
O
O
O
Recreation projects, city- initiated
Caretaker recreational vehicle,
acccssor 2
Retreats': Without sleeping facilities
O
O
O
With slcc in 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
♦
♦
♦
♦
♦
Trees and native vegetation: Removal,
relocation or damage'
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 1
1
O
Water production, storage and
distribution facilities:
Ordinance No. 278
Page No. 28
Revised Table 17.20.050
Private purveyors" 1 O 1 O 1 O 1 O 1 O 1 O 1 O 1 O 1 O 1 O
Wireless communications facilities5 O O O O O O O O O O
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: src Chapter 17.42. includinge
- -
Permit requirement fora pre - approved location on public propet�,
(Ord. 264 § 2 (part), 1999; Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 -4), 1994)
Ordinance No. 278
Page No. 29
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
City council- approved planned development permit
O Planning commission- approved conditional use permit
City council - approved conditional use permit
0 Administrative permit required
Temporary use permit
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
EXHIBIT B
C2
CO
C1
CPD
Ml
M2
I
C -OT
Airfields and landing ads and strips, private
O
O
O
Airports
O
O
Alcoholic bevera c
Establishments setting beer and/or wine with an
eating lace
0
0
0
0
0
0
Establishments selling alcoholic beverages other
than beer and wine with an eating lace
#
#
0
#
#
#
Amusement and recreational facilities (see
defmitions in Ch. 17.08
•
O
•
Amusement parks and carnivals
O
O
Arcades
O
O
Batting cages and golf drivin 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' (sec also
EXHIBIT B
Ordinance No. 278
Page No. 30
Revised Table 17.20.060
H &SC and W &IC)
DT y77
•
•
•
•
•
Intermediate and residential
O
O
O
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'
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 groonung
•
O
Dressmaking and tailor shops
•
Drilling, temporary eolo gic (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'3
•
•
•
•
•
O
Schools: Professional, vocational, art, craft and
self-improvement
O
O
•
•
O
Energy production from renewable sources
O
O
Festivals and similar events, temporary outdoor
O
O
Government buildings, excluding correctional
institutions
•
•
•
•
O
Fire stations
•
•
•
O
O
O
Libraries and information center
+R
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
•
•
•
0
0
Ordinance No. 278
Page No. 31
Revised Table 17.20.060
outpatient clinics
Ambulance services
O
•
•
O
Hospitals
O
O
O
Pharmacy, accessory retail, for prescription
pharmaceuticals only
•
•
•
Hotels, motels and bed -and- breakfast inns
•
•
Kennels (animal hospitals, boarding and
groom-in -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
Household appliances
O
•
Transmission and distribution equipment, and
industrial apparatus
O
•
Food and related products
O
•
Alcoholic beverages
Bakery products
•
•
Meat, seafood and oultr ackin plants
O
Slaughtering; refining and rendering of animal
fats and oils
Su gar 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
•
Ordinance No. 278
Page No. 32
Revised Table 17.20.060
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
•
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 . fl. 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
Ordinance No. 278
Page No. 33
Revised Table 17.20.060
Parks -- public
Parking lots
•
•
•
•
•
O
Pharmacy, accessory retail, for prescription
pharmaceuticals only
Photocopy/quick printers
•
Photofinishing 1 -hour hoto
•
Pipelines and transmission lines, aboveground
O
O
O
O
Produce stands, retail
Propulsion (engine) testing
Public utility facilities
O
O
O
O
O
O
O
Offices only
•
•
•
•
•
O
•
Service yards
•
O
Recording studios and sound stages
•
O
O
Rental and leasing of durable goods
O
O
O
Bicycle rental
•
Repair and reconditioning services
O
O
•
Automobile body work and painting
O
O
O
Automobile repair, including component repair
O
O
•
Electrical and electronic machinery and
equipment
•
•
Heavy machinery repair, including trucks,
tractors and buses
•
Instruments, including musical instruments
•
•
Office, computing and accounting machines
•
•
Photographic and optical goods
•
•
Repair of personal goods such as jewelry, shoes
and saddlery
•
•
Restaurants, cafes and cafeterias
•
Restaurants, cafes and cafeterias temporary
outside eating
•
•
•
•
•
Retail trade (see definitions in Chapter 17.08)
includes retail -only nurseries and excludes
lumber and building materials sales yards,
pawnshops and liquor stores
•
Antique store
♦ 10
Outdoor sales area
0
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
Ordinance No. 278
Page No. 34
Revised Table 17.20.060
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
Taxiderm
•
Transportation services (see definitions)
O
•
Bus and train terminals
O
O
Stockyards, not primarily for fattening or selling
livestock
Truck storage, overnight
•
Trees and native vegetation: removal, relocation
or damage
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 purvcyorS4.11
O
O
O
♦
♦
O
Wholesale trade
•
•
Ordinance No. 278
Page No. 35
Revised Table 17.20.060
Vb fireless comirnunications facilities'' O O O O O O O
Zoological gardens, animal exhibits and O O
commercial aquariums 7
Notes for Table 17.20.060:
1. There are specific regulations for this use; sec 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
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.
IL There are specific regulations for use_ sec Chaptcr 17.42, including an Administrative Permit
re uiremcnt f_or a_pre- apprc��(cf location on nublic_pnqpet1N_, -
(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)
Ordinance No. 278
Page 36
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt,
Moorpark, California, do hereby ce
that the foregoing Ordinance No.
Council of the City of Moorpark at
6th day of March, 2002, and that
following vote:
City Clerk of the City of
rtify under penalty of perjury
278 was adopted by the City
a regular meeting held on the
the same was adopted by the
AYES: Councilmembers Harper, Mikos, Millhouse, Wozniak,
and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 8th day
of March, 2002.
Deborah S. Traffensted , City Clerk
(seal)