HomeMy WebLinkAboutAG RPTS 2003 1119 PC SPCMOORPARK
1 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200
NOTICE AND CALL OF A
SPECIAL MEETING OF THE PLANNING COMMISSION
OF THE CITY OF MOORPARK
TO THE MEMBERS OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK:
NOTICE IS HEREBY GIVEN that a Special Meeting of the
Planning Commission of the City of Moorpark is hereby called
to be held on Monday, November 19, 2001, commencing at 7:00
p.m. Said meeting will convene in the Community Center
located at 799 Moorpark Avenue, Moorpark, California. Said
Special Meeting shall be for the purpose of considering the
following:
Next Resolution No. PC- 2001 -418
1) CALL TO ORDER:
2) PLEDGE OF ALLEGIANCE:
3) ROLL CALL:
Janice Parvin, Chairperson
William F. Otto, Vice Chairperson
Mark DiCecco, Commissioner
Paul Haller, Commissioner
Kipp Landis, Commissioner
4) PUBLIC COMMENTS:
5) PUBLIC HEARINGS:
a) Consideration of 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 (Zoning Ordinance
Amendment No. 2001 -03). Staff Recommendation: 1)
Open the public hearing, accept public comments,
and close the public hearing; 2) Adopt PC
Resolution No. 2001- recommending approval of
the draft ordinance.
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L7 Packet to CM DPacket to CC
PATRICK HUNTER CUNT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE JOHN E. WOZNIAK
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
PLANNING COMMISSION SPECIAL MEETING AGENDA
November 19, 2001
Page 2
a
7)
DISCUSSION ITEMS:
a) Consider Invitation to University of Southern
California Conference, "Planning the Post - Sprawl
Era: A Gathering of Leading Thinkers." Staff
Recommendation: Following discussion of this
matter, by consensus, designate one Commissioner to
attend the conference and direct staff to submit
the Registration
Commission
ADJOURNMENT:
Form on behalf of the Planning
-------------------------------------------------------------------
Any member of the public may address the Planning Commission during the Public
Comments portion of the Agenda, unless it is a Public Hearing or a
Presentation /Action/ Discussion item. Speakers who wish to address the Commission
concerning a Public Hearing or Presentations /Action /Discussion item must do so during
the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item.
Speaker cards must be received by the Secretary for Public Comment prior to the
beginning of the Public Comments portion of the meeting and for
Presentation /Action /Discussion items prior to the beginning of the first item of the
Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing
must be received prior to the beginning of the Public Hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Presentation /Action /Discussion item
speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for
open Public Hearings and Presentation /Action /Discussion items. Copies of each item of
business on the agenda are on file in the office of the Community Development
Department/ Planning and are available for public review. Any questions concerning any
agenda item may be directed to the Community Development Department at (805) 517-
6228.
In compliance with the Americans with Disabilities Act, if you need assistance to
participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II).
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ITEM. 5,, a.
CITY OF MOORPARK
PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Chair and Members of the Planning Commission
FROM: Deborah S. Traffenstedt, Acting Director of Community
Development
DATE: November 14, 2001 (PC Special Meeting of 11 -19 -2001)
SUBJECT: Public Hearing for Consideration of 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 (Zoning
Ordinance Amendment No. 2001 -03)
BACKGROUND
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. 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 (to end on January 14, 2002). The City
Council's agenda report for the August 29 meeting and a copy of
Ordinance No. 273 are included as attachments to this report
(Attachments A and B) .
DISCUSSION
With the assistance of the City Attorney's office, staff has
prepared a draft Wireless Communications Facilities Ordinance
(Attachment C) . The attached draft ordinance would add a new
Chapter 17.42 to the City's Zoning Code and would also amend
Chapter 17.08 to add a definition for "Wireless Communications
Facilities" and amend Chapter 17.20 to incorporate Wireless
Communications Facilities into Tables 17.20.050 and 17.20.060 as
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Wireless Communications Facilities Ord.doc
Planning Commission Agenda Report
November 19, 2001 Special Meeting
Zoning Ordinance Amendment No. 2001 -03
Wireless Communications Facilities Ordinance
Page 2
a conditionally permitted use (requiring a Planning Commission
Conditional Use Permit).
The attached draft ordinance was based on the Wireless
Communications Facilities Ordinance adopted by the City of
Alhambra and drafted by Burke, Williams & Sorensen (our contract
City Attorney). In comparison to the City of Alhambra's
ordinance, staff has incorporated stricter language regarding
setbacks and height and requirements for "Disguised Facility" or
"Stealth Facility" design, included as an application
requirement that the Director of Community Development shall
determine any applicable contract staff fees and /or deposits for
the purpose of peer review of the CUP application submittals, as
well as incorporating language to achieve consistency with the
other applicable sections of the Moorpark Municipal Code. Given
the conditional use permit and siting (including setback) and
design requirements, staff has listed Wireless Communications
Facilities as conditionally permitted in all zones. The Planning
Commission should discuss and provide guidance on the issue of
which zones should have the Wireless Communications Facilities
use shown as conditionally permitted. Staff's rationale in
showing the Wireless Communications Facilities use as
conditionally permitted for all zones was to be consistent with
the existing "Communications Facilities" use and to maintain
flexibility for the evolving design and size of these
facilities. Please note the distinction between a "Minor
Facility" and a "Major Facility" in the draft ordinance.
The City Attorney's office has reviewed the draft ordinance
(Attachment C) and has determined that the changes are
acceptable and do not conflict with other laws. Because of the
complexity of the subject and various federal regulations,
including required conformance with the Telecommunications Act
of 1996, staff has arranged for Bradley Wohlenberg, Assistant
City Attorney, to attend the Planning Commission's November 19
Special Meeting. Mr. Wohlenberg drafted the City of Alhambra's
Wireless Communications Facilities ordinance, and he reviewed
the draft ordinance included as Attachment C to this report.
Given the pending expiration of the interim ordinance and
moratorium in January, the Planning Commission is being
requested to adopt a resolution forwarding a recommendation to
the City Council at either the Special Meeting on November 19 or
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Communications Facilities Ord.doc
Planning Commission Agenda Report
November 19, 2001 Special Meeting
Zoning Ordinance Amendment No. 2001 -03
Wireless Communications Facilities Ordinance
Page 3
the Planning Commission's Regular Meeting on November 26, 2001.
The City Council's public hearing has already been noticed for
December 5, 2001. If the new zoning ordinance is introduced for
first reading on December 5 and second reading on December 19,
staff will be recommending to the Council adoption of another
ordinance extending the moratorium until the new ordinance takes
effect (the minimum required extension would be through January
19) .
Staff has determined that the proposed Zoning Code amendment is
exempt from the California Environmental Quality Act based on
Section 15308 of the State California Environmental Quality Act
Guidelines (Actions by Regulatory Agencies for Protection of the
Environment).
STAFF RECOMMENDATION
1. Open the public hearing, accept public comments, and close
the public hearing; and
3. Adopt PC Resolution No. 2001- recommending approval of
the draft ordinance.
Attachments:
A. City Council Agenda Report for August 29, 2001 Meeting
B. Ordinance No. 273
C. Draft Planning Commission Resolution (Including Draft
Wireless Communications Facilities Ordinance)
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Communications Facilities Ord.doc
ATTACHMENT EL
MOORPARK CITY COUNCIL
AGENDA REPORT
To: The Honorable City Council
From: Wayne Loftus, Director of Community
t1'EM y. A.
Development i i
Date: August 17, 2001 (CC Meeting of 8/29/01)
Subject: Consider the Status of Interim Prohibition of Wireless
Telecommunications Facilities and Extension of Ordinance
No. 272 Enacting a Moratorium on the Issuance of Permits
for Their Construction or Placement
BACKGROUND
On July 19, 2001, (continued from the regular City Council meeting
of July 18, 2001) at a Special City Council meeting, an interim
ordinance (Ordinance No. 272) was adopted to enact a forty -five
(45) day moratorium on the issuance of permits for construction or
placement of wireless telecommunications facilities. This interim
ordinance also placed a moratorium on the acceptance and processing
of applications for these facilities. The City Council enacted this
interim ordinance because of concern over the high number of
requests for wireless telecommunications facilities to be placed
throughout the City and the lack of standards or criteria for their
placement and appearance, especially when proposed in residential
areas.
Currently, wireless telecommunications facilities are evaluated and
conditions are established through the processing of a Conditional
Use Permit (CUP), regardless of the zone district that the facility
will be located in. Conditions are recommended by staff on a case -
by -case basis and determined by the Planning Commission or on
appeal by the,City Council. The proposed extension of Ordinance No.
272 would provide the time to develop standards and criteria for
the placement and appearance of wireless communications facilities
which could result in a coordinated citywide plan of candidate
locations and or aesthetic standards suitable to allow placement in
highly visible and residential locations. Based upon Section 65858
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The Honorable City Council
Interim Prohibition of Wireless Telecommunications (Ordinance No.
272)
August 17, 2001
Page 2
of the Government Code, the proposed extension of the moratorium
may be for a period not to exceed ten (10) months and fifteen (15)
days. The current moratorium expires on September 2, 2001.
DISCUSSION
The City Council, at their Special Meeting of July 19, 2001,
accepted public testimony from several homeowners who live in
proximity to the Peach Hill Reservoir site, at the end of Westport
Street, where AT &T Wireless has requested to place a wireless
telecommunications facility (CUP No. 2000 -07). This proposal
involves the placement of three (3) 4 -foot high antenna panels,
placed at a height above ground level of approximately twelve (12)
feet, and a 120- square foot equipment building on property owned by
the Ventura County Waterworks District. Other prior approved
installations have included tower antennas to a height of sixty
(601) feet for the main structure with whip antennas attached to a
height of seventy -two (72') feet. The initially approved antenna
installations were screened with vegetation with several subsequent
antenna structures required to assume the appearance of pine trees.
Many of the antenna permits have been required to provide for co-
location of competing wireless carriers to avoid the need for
additional antennas. There are currently two (?) locations where
approved and constructed wireless communications facilities are
located; at the college water tank site at the - east end of the
City, north of Highway 118, and at the Ventura County Waterworks
facility on Walnut Canyon Road. Both of these locations include
communications towers in excess of sixty (60') feet in height, with
towers configured to resemble pine trees located only at the Walnut
Canyon Road location. The attached table provides a summary of the
history of wireless communications facilities in the City of
Moorpark, including those facilities which have been constructed,
authorized but not permitted, are pending a decision or have been
denied.
There are currently four (4) applications for wireless
telecommunications facilities on file with the City that have not
received a decision, three (3) of which are incomplete for
processing. Of the four (4) applications on file, two (2) are
proposed for the Peach Hill reservoir site; one (1) is proposed for
placement on an existing utility pole on Walnut Canyon Road, south
of the future intersection of Country Club Drive and Walnut Canyon
Road (Toll Bros.); and one (1) is proposed on the roof of the
former Regal Cinemas building in Mission Bell Plaza. All of the
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The Honorable City Council
Interim Prohibition of Wireless Telecommunications (Ordinance No.
272)
August 17, 2001
Page 3
above - proposed facilities have been placed in suspension until the
moratorium expires or adoption of standards and criteria occurs.
Only one (1) approved facility, which is to be placed at the
college reservoir site, is affected by the current moratorium. This
facility (CUP No. 2000 -03) was approved by the Planning Commission
on October 9, 2000, however neither a zone clearance or building
permit has been requested.
Included with this report as attachments are the proposed ordinance
to extend the moratorium for a period of 135-days to end January
14, 2002, and a written report that was issued ten (10) days prior
to the August 29, 2001, hearing. This "Ten Day" report outlines
the measures that the city is taking to alleviate the need for the
moratorium, including review of current Zoning Ordinance criteria,
reviewing standards maintained by other agencies, and collecting
information adequate to develop standards for review by the City
Council.
Staff has begun the process of gathering information from various
sources including other cities, both in Ventura County and in urban
areas throughout the state, concerning siting and aesthetic
standards for the placement of wireless communications facilities.
It is anticipated that a draft ordinance will be available for
review by the City Attorney within sixty (60) days. It is suggested
that any extension of the moratorium be established for a minimum
of four (4) months and fifteen (15) days (135 days) to end on
January 14, 2002.
STAFF RECOMENDATION
1. Open the Public Hearing, take public testimony and close the
Public Hearing;
2. Adopt the attached Draft Ordinance, providing for an extension
of Ordinance No. 272, enacting a moratorium on the issuance of
permits for construction or placement of wireless
communications facilities. (FOUR /FIFTHS VOTE REQUIRED)
Attachments:
1) Ten (10) Day Report
2) Draft Ordinance to Extend Moratorium
3) Status of Wireless Communications Facilities - City of Moorpark
4) Letter from Paul B. Albritton, dated August 17, 2001
5) Letter from Paul B. Albritton, dated August 7, 2001
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REPORT BY THE CITY OF MOORPARK CONCERNING ITS INTERIM
PROHIBITION ON WIRELESS FACILITIES
In accordance with Government Code Section 65858(d), the
City of Moorpark issues this report of the measures taken to
alleviate the conditions which led to the City Council's
adoption of Ordinance 272, enacting a moratorium on the issuance
of permits for construction or placement of wireless
telecommunications facilities in the City.
Numbered below are facts cited by the City Council in
support of its Ordinance 272, with a statement of the city's
efforts to address each fact in italics after each fact.
1. The provisions of
regulate the constructic
telecommunication facilities
review, study, and revision.
fully take into account the
manner of construction
facilities, and the related
concerns.
the City Municipal Code that may
)n and placement of wireless
in the City are inadequate and need
The current provisions also fail to
impacts related to the location and
of wireless telecommunications
public health, safety, and welfare
City
staff continues
to review the existing relevant
provisions
of the Municipal
Code, both
as written and as applied
in the past. Staff also
is reviewing and analyzing sample
ordinances
and regulations
from other
cities, both inside and
outside of
California, to
determine
what regulatory approach
might best
meet the city's goals.
2. 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.
The City has four (4 ) applications pending to construct new
wireless facilities in the City. Also, the City anticipates
receiving numerous additional applications for wireless
facilities, as a consequence of the recent auctions of
additional wireless service spectrum by the Federal
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ATTACHMENT NO. 1
Report by the City of Moorpark Concerning Its Interim
Prohibition on Wireless Facilities
August 17, 2001
Page 2
Communications Commission. As noted above, staff is reviewing
sample ordinances and regulations from other cities to determine
what regulatory approach might best meet the city's goals and
interests.
3. 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.
There are a wide variety of systems and approaches to local
regulation of wireless facilities, and a careful balancing is
required to meet the goals of the City and to comply with
applicable law and FCC rules. Staff continues to review the
Municipal Code, sample ordinances and regulations, and to check
those samples against federal law, state law, and FCC rules.
4. 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.
Because four (4) wireless facility applications are
currently pending, it remains likely that one or more of those
applications may result in a facility that would be incompatible
with the new regulations. Until staff and the City Council can
complete their review and deliberations, this potential for
frustration of the studies and implementation remains.
5. 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
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Report by the City of Moorpark Concerning Its Interim
Prohibition on Wireless Facilities
August 17, 2001
Page 3
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.
Until staff
and the City Council
can complete
the review
and deliberations
necessary to adopt new regulations,
it is not
feasible to adopt
new regulations, and
the risks remain the same
to the health, safety,
and welfare of
the citizens of Moorpark,
as well as to
the aesthetic interests of the
City, the
preservation of
property values and
quality. of
the City's
neighborhoods and
commercial districts.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, EXTENDING ORDINANCE
NO. 272, ENACTING 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 hereby finds,
determines and declares that:
A. On July 18, 2001, the Moorpark City Council adopted as
an urgency measure Ordinance No. 272 enacting a
moratorium on the issuance of permits for construction
or placement of wireless telecommunications facilities
in the City, pending the study of the City's existing
regulations and possible revision of same to ensure
that the public health, safety, and welfare are not
negatively impacted.
B. City staff has submitted the report required by
Government Code Section 65858(d) to be submitted
before any extension of a previously adopted interim
zoning ordinance.
C. City's staff report indicates that further study
concerning the City's existing regulations needs to be
conducted or completed before any final
recommendations can be submitted to the Council and
certain of the circumstances that led to the adoption
of Ordinance No. 272 remain unresolved. Therefore, it
is appropriate to extend Ordinance No. 272 for the
period of one hundred thirty -five (135) days to allow
sufficient time for the city staff to complete their
study and to propose any recommended regulations or
amendments.
D. The City Council finds that this Ordinance is
necessary for the protection of the health, safety and
welfare of the citizens of Moorpark, as well as, the
preservation of the quality of the city's
neighborhoods and commercial districts.
ATTACHMENT NO. 2
Ordinance No.
Page 2
E. The City Council finds, determines, and declares that
a current and immediate threat to the public health,
safety, or welfare exists, and the approval of
additional permits or any other applicable land use
entitlements, which are required for the construction
or placement of new wireless telecommunications
facilities within the City, would result in a threat
to public health, safety, or welfare. The facts
constituting such an urgency are set forth in Sections
A -E, inclusive of this Ordinance.
SECTION 2. Interim Regulations. Pursuant to the authority
of Section 65858 of the Government Code of the State of
California, and the inherent police powers of the City of
Moorpark, Ordinance No. 272 is hereby extended for a period of
one hundred thirty -five (135) days from its previous expiration
date, now extending its expiration date through January 14,
2002.
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 of the City
of Moorpark is hereby directed to 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.
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 one hundred thirty -five (135) days. The reasons for
Ordinance No.
Page 3
this urgency are declared and set forth in Section 1 of this
Ordinance and are incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 29th day of August, 2001.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
City of Moorpark
Status of Wireless Communications Facilities
ATTACHMENT N0. 3
Permit
Applicant
Status
Location
Description
Number
CUP 95 -01
Cellular One
Constructed
Ventura County
60 -foot high monopole with 8
(Now AT &T)
Waterworks District
panel antennas and equipment
Reservoir Facility
building, with landscaping.
east of Moorpark
College
CUP 96 -01
Pacific Bell
Constructed
Ventura County
60 -foot high monopole with 6
Mobile Services
Waterworks District
panel antennas and 2
Reservoir Facility east
equipment cabinets with
of Moorpark College
landscaping.
CUP 97 -04
Nextel
Constructed
Ventura County
60 -foot high monopole with 15
Communications
Waterworks District #2,
panel antennas, three omni
7150 Walnut Canyon Road
antennas and equipment
building, pine tree
configuration with
landscaping.
CUP 97 -05
Cox
Constructed
Ventura County
6, 14 -foot high antennas and
Communications
Waterworks District
equipment cabinets, with
Reservoir Facility east
landscaping.
of Moorpark College
CUP 99 -06
Pacific Bell
Constructed
Ventura County
70 -foot high antenna pole
Wireless
Waterworks District #2,
with a total of 18 antennas.
7150 Walnut Canyon Road
and equipment building, pine
tree configuration with
landscaping.
CUP 00 -04
Tacit
Constructed
Ventura County
6, 15 -foot high antennas with
Communications
Waterworks District
landscaping.
for Verizon
Reservoir Facility east
Wireless
of Moorpark College
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"-Age 1
City of Moorpark
Status of Wireless Communications Facilities
ATTACHMENT NO. 3
Permit
Applicant
Status
Location
Description
Number
CUP 00 -03
Compass Telecom
Approved, no
Ventura County
12 antennas on 12 -foot high
Services
permits
Waterworks District
support poles with
issued
Reservoir Facility
landscaping.
east of Moorpark
College
CUP 00 -07
Tetra Tech
In process
Peach Hill Reservoir
3 antenna panels on poles and
(formerly
site south of Westport
equipment building with
Tacit) for AT &T
Street
proposed landscaping.
CUP 00 -08
The Consulting
In process
7100 block of Walnut
38 -foot high utility pole
Group for
Canyon Road
with 2 equipment cabinets
Pacific Bell
with screen wall.
Wireless/
Cingular
communications
CUP 01 -01
InfraNext, Inc.
In process
Peach Hill Reservoir
3, 16 -foot high antenna poles
for Sprint PCS
site south of Westport
and equipment area.
Wireless
Street
CUP 01 -02
InfraNext, Inc.
In process
Roof of existing vacant
6 panel antennas with 5
for Sprint PCS
movie theatre at 543
equipment cabinets.
Wireless
Los Angeles Avenue.
CUP 98 -05
Air Touch
Denied
13931 Los Angeles
15, 6-foot-high antennas.
Cellular
Avenue
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Page 2
MACKENZIE & ALBRITTON LLP
ONE POST STREET, SUITE 500
S.av PRaiJCISCO, CALIFORNIA 94101
TELEPHONE 415 / 288.4000
FAcsimiLE 415 i 288.4010
SENDEP,'s Er,-wL: PALSRI TONO.MALLP.COM
August 17, 2001
N'IA FACSIMILE AND E -MAIL
Wayne Loftus
Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Joseph M. 1Iontes, Esq.
Burke, Williams & Sorensen
611 W. 6" St. 25`h Floor
Los Angeles, CA 90017 -; 126
Re: Wireless Moratorium for the City lti� Ioorpark; CUP No. 2001 -07
Dear Messrs. Loftus and iVlontes:
We are counsel to AT &T Wireless. On August 7, 2001 we wrote to you to express our
client's concerns about the recently enacted and soon to be extended moratorium on
approvals of wireless communications facilities within the City of Moorpark (the
"Moratorium ") and to exclude its pending application for a wireless telecommunications
facility from the Moratorium. Please consider this letter as a formal request on behalf of
our client, AT &T Wireless, for an exception frorn the Moratorium for the pending
application for Peach Hill Reservoir (13200 Westport Street) CUP No. 2001 -07.
The moratorium, if applied to delay issuance of the permit beyond applicable deadlines
under the Permit Streamlining Act, will violate our client's rights under both state and
federal law. Because our client's applications were pending when the City adopted the
moratorium, on July 19, 2001, neither processing nor approval of the applications should
be affected by the moratorium. "[A] moratorium, enacted after an application is complete,
does not toll the time period for action on the application under [the Permit Streamlining
Act]." Selinjaer v. City Council, 216 Ca1.App.3d 259, 269 (4`'' Dist. 1989).
Under the federal Telecommunications Act of 1996, the City must act on our client's siting
requests "within a reasonable period of time," taking all relevant factors into consideration.
47 U.S.C. § 332(c)(7)(B)(ii). By delaying beyond the permitting deadlines imposed by
California law, as discussed above, the City would violate the Telecommunications Act.
ATTACHMENT 4 _ �
ayne Loftes
Joseph Montes, Esq.
August 17, 2001
Page 2
We regret that we have not received a respons2. from you since our August 7, 2001 letter
despite follow up phone calls. As pr,viously mentioned, our client is concerned about the
timely processing of its application. Please therefore let me know as soon as possibl%
whether the City will grant the requested exception from the moratorium. This letter should
not be interpreted in any way as lessening our prior request to minimize any extension of
the Moratorium. We look forward to your response and appreciate your kited attention to
this matter.
Very truly yours,
Paul B. Albritton
cc: Daniel Smith, Esquire
Mark Loschk-y, Esquire
• Leslie Daigl-
�,i ✓� _i- -• ,:��...:.�' � }.i.''f -,.;j; �-i,}3v� -' !SIiVI',t�1 "i -M
MACKENZIE & ALBRITTOrN LLP
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VIA FACSIMILE AND EMAIL
Wayne Loftus
Director of Community Development
City of Moorpark
799 Moorpark Avenue
Moon
, ark, California 93021
Joieph M. Nlontes, Esq.
Burke, Williams & Sorensen
611 W. 6" St. 251'' Floor
L(-)S Angeles, CA 90017 -? 126
Re: N ireless Nforatoijum for the CitN Nlnnrpark
Dear ,\Iessrs. LoftLIS anLI ;\IOnte,
\Ve are cot11Is01 to AT&T 1� irel`ss, with our p1lincipal area of practice in
telecommunications law. Particularly real estate, access, and land use i;suC-s. We are writing
eXt)ress our client's concerns about the recently enacted and soon to be extended
moratorium on approvals of wireless COMMUnications facilities within. t:'-,e City of .\'�Ioorpark
(tile "\Moramrii.illl "). k e understand that a hearing on the extension, of the 'toratorium
h2; he -en sel;ecluled for ALIOUst 29. 2001. ATT %Virele,:s s eks to exclude its pending
'-pplication for a wireless tel- COM111U ]cations ±]edit% f'r, m th,. ikloratorio n and to limit the
term of ally e;\tenslon to the'loratoriUm.
,A I &T Wireless is a telephone corporation Providing wireless teieCOn1111UMC- ations servic`s
to the general public. It has been issued a Certificate oh Public Convenience and Necessity
by the California PUNIC Utilities Commission and is also licensed and regulated by the
Federal Communications Commission ('`FCC "). Because AT &T Wireless is charged
v-v, lth prw lding adequate service to the public, we are concerned about delays caits; d by any
local moratorium on approval of v% /Irele-ss facilities. As explained belov, , the adoption and
extension of the proposed moratorium, as well as application of the Moratorium to the
pending ATT Wireless application, violate both slate and federal law.
The Moratorium is not .Justified Under State Law
First, as a matter of state law, it is not necessary or "urgent" within the meaning of the
Government Code that the City suspend the issuance of permits while a wireless ordinance
is draftee]. Subdivision (c) ol'Government Code Section 65858 states in part that the City
may not adopt or extend any interim ordinance absent a finding of a "current and
immediate threat to the public health, safety, or welfare" and that approval of additional use
permits "would result ill that threat to public health, safety, or welfare." (Emphasis added.)
In othLr words, there must be facts which reasonably constitute an urgency to permit the
imposition of the Moratorium. Sutter Bay Associates v. County of Sutter 68 Ca1.Rptr.2d
492, 58 Cal.App.4th 860 (3rd Dist. 1997). Although the moratorium ordinance adopted by
ATTACHMENT 5
11'V al . ni.' L o fi 1-s
Josep-h E :Z,4
.� UollSt "17, 2i,(} 1
Page 2
�11�(?Iparl: reCil °S �t1 1; ;II�eTI: y, There ilI'e llliUffici�171 fu�,'iS slat�'d to r�aSOnahly J�ip } %0 -
f ind:ng* of ur_ eocy. We- are ab4ai•e oClesi than a hang {ful 01 \ fireless teleCOTl MLMications
facility applications can file in the City of Moorpark; clearly an insufficient number to
v. arrant a funding of a Current and immediate threat to public health, safety or welfare.
Similarly, despite the City's ..grave concerlls" there i.; no heavy construction associa-i?d
kti iih the installation of any proposed wireless telecommunications facility in N- looq)ark and
certainly none in,/olved with the proposed ATT facility which involves pole mounted
antennas around a water tank.
Adoption of a moratorium is not a prerequisite to the development of an ordinance or
wireless guidelines,. ATT Wireless supports and is willing to provide technical assistance
and coOperation to permit the City to expediti��usly adopt "reasonable regulations, regardingT
the placement and construction of wireless telecommunications facilities" as provided under
th%- Moratorium. However, in the interim, th? City has at its disposal existing regulations
which permit the imposition of adequate conditions to protect the health, salet_y and welfare
of its citizenry through Conditional Use Permit requirements presently imposed oil all
wireless telecommunications facilities (See Section ! 7.20.()5() Communications
Facility "). For e• (ample, to obtain a Conditional tJse Pennit. any �tiireles:�
te.ecomMUMicationi facility must be "compatible with the character of, surrounding
e� elopment ", "crust not l,e detrimental to the public interest, health, safety, convenience or
�� eliare" and must h` `'compatible with the scale, visual character and design of
surrounding properti-s ' (Sze Section 17.44.030(A)(2l of the City's Municipal Code.).
Prot:ctions Ender th CUITent NIIIIIICIp21 (_bode Wnf l-m there is Ilk) urgency to _justify
adopting a moratorium pending completion of reasonable wireless regulation-i.
The M aratorium and its Extension Violate the Telecommunications Act of 1996
j "J ' T Wireless, as a teleplione ut lit.V, is, subject to the Telecommunications Act of 199(
( t;:e T elecommr;r.i: I ►.ions Act''). To proilnote consistent national standards fir siting
tei:�; i>I~irnunicatic�rs facilities, C'ongres.i Ir;clud d the Wireles,
TeiecommunKI-ations Siting Policy as Section 7/04 of the Teleconninun Ica tions Act. T his
Section, while preserving local ;government control over traditional land use issues, sets forth
certain important limitations:
• The City must act on siting requests "within a reasonable period of time," taking all
relevant factors into consideration.'
• "Fhe City's land U.Se controls "shall not prohibit or have the effect of prohibiting the
provision of personal wireless, services. "`
Based on the foregoing provisions, courts have almost uniformly held that local moratoria
v Iolate the Telecommunications Act. "Generally, courts have found that the institution of
moratoriums violates the Telecommunications Act." S, print Spectrum, L.P. v. Town of
North Stonington, 12 F. Supp. 2d 247, 256 (D. Conn. 1998). "[A] moratorium against the
expansion of personal wireless services would violate the Telecommunications Act."
Qmnipoint Communications, Inc. v. City of Scranton, 36 F. Supp. 2d 222, 232 -233 (ivf.D.
Pa. 1999).
' 47 U.S.C. ` 332(c)(7)(Bj(10.
z 47 L..S.C' IS 332(6(7)(B)(0(11).
i''ilit "�irV1
. 4
`i� f.29 X1,1
� %`ab.;e Lk)ii i
Joseph Nolontes, Esq.
:iil_'LISt 7, 2001
Pi:,, v 3
in fact. moratoria 'Moth long and short have keen struck down by courts througliOLlt the
Lod !nlrv. In Sprint Snectnlm, L. P. ti. Town of Farnington, 1997 WL 631104, *f (D.
i`��rn. I997), the f, decal distrie; court held that a nine month moratorium enacted by the
to,, n was in � iolation of the -h:lecommunications Act. See a Sprint Spectrum, L. P. v.
.lefferson Count V, 96S F. Stipp. 1457 (N. D. Ala. 1997)(court stnick down third in series of
moratoria); Sprint Snectruni, L. P. v. Town of*WestSeneca, 659 N.Y.S. 2d 687, 1 7/2 I✓lisc.
�d 2S7, 289 (N.Y. Sup. 1997)(1hree month moratoriutn struck down, and six month time
period kom application date without decision deemed unreasonably long).
One early case (lid permit a city to institute a six -month moratorium upon the issuance of
pert111ts for the installation o1't -- lecommilnications equipment. See Sprint Spectrum v. Citv
,!'Medina, 92=1 F. Supp 1036 (W'.D. Wash. 1996). However, the 'Medina clecision has in
eery instance been strictly limited to its facts. The most critical tact relied upon by the
c�,t.�rt is that the City of l ledina imr osecl its six -month rnoratarlum )ust five days atier
enactment of ih: Telecommunications .pct of 1996, when the City expected a sudden
"flurry of applications." Medina, supra, 921 F. Supp. at 1()37. The courts in Farmington
and Jefferson C' ^u11ty reviewed the Medina decision and 110und it inapplicable to moratoria
eiacted lift; en month; and sixteen months after the passage of the Telecommunications
:pct.
In the present ease we are deahng with a niorato�rluln imposed five years after the
Teleco!rtmunications Act, and there B no sudden "Hurry'° ol' applications. Under all the
cages that l61(cm, 'Medina, the Lloratoriurn would Violate the Telecommunications Act. The
City is sub].-Ct to suit in fe(leral glint frn- violatiog the Telecommunications Act, with liability
for a prevailing plaintiffs costs and attorney's fees. See 47 U.S.C. 332(c)(7)(B)(v):.
AT &T Wireless v. City of Atlanta, 210 F.3d 1322 (11'L Circuit, 7000).
The `Ioratoriurn Does Not Comply with the 1998 FCC- LSGACICTIA Guidelines
S?ction I(H) of the N''.oratot-iuln suggests that it is in a::cord with the Guidelines for Facilitti-
Sitiml Inumlzmentation agreed to August 5, 1998 bet,. een the FCC, Local and State
( overrimOnt Advisory Committee and the Cellular Telephone Communications Industry
Association (the "19(j5 Guidelines "). While ATT Wireless adheres to the premise of'the
1998 Guidelines that "local governments and the wireless industry should work
cooperatively to facilitate the siting of wireless telecommunications facilities'' it is clear
from the guide-lines that moratoria shrnlld only be adopted when truly necessary and must
comply with the Telecomm Lill ication> Act. 1n comphanck- with the Telecommunications Act,
the 1998 Guidelines provide that:' "during the time that a moratorium is in effect, the local
government should ... continue to accept and process applications" (1998 Guidelines Se-c.
I(C)). As noted above, in violation of Both the State and Federal law, the Moratorium
obligates City staff to refrain from processing pending applications. Further the 1998
Guldefinei indicate that in those circumstances where a moratorium may be justified (which
is not the present case) "the issues that can be addressed during a moratorium can be
resolved within 180 days" (1998 Guidelines Sec. 1(B)). In sum, the (Moratorium does not
comply with the 1998 Guidelines with respect to the processing of pending applications and
the length of the proposed extension.
The Moratorium Should Not Affect Pending Applications
AT &T Wireless has one application pending in the City, which the City has accepted as
complete under the Permit Strearnlining Act (Cal. Govt. Code §ti 65920, et seq.). As a
i
.•,I,•.'� _l M1%i'� a 51 .`1:ui _i�'li 1ri Y�5_2e& 4L�L 74; 8'Tr.1 1.J11 f N i?. J%J
Wayn..e Loftes
Joseph N-fontes. F cl.
Auaust 7, 2001
Pace 4
matter of state law, the City must act on this application within the deadlines imposed by tl«
Pen-nil Streamlining? Act, l ithout regard to the Moratorium. "[A] moratorium, enacted after
an application is complete, does not toll the time period for action on the application under
(the Permit Streamlining Act]." Selinzer . City Council, 216 Cal. App. 3d 259, 269 (4'''
Dist. 1989). Because our client's application was deemed complete and was Pending when
the City adopter! the Moratorium, on July 19, 2001, neither processing nor approval of the
application should be affected by the Moratoritrrn.
In addition, as noted above, the federal Telecommunications Act require, the City to act on
siting requests "within a reasonable period of time," taking all relevant factors into
consideration. 4I U.S.C. § 332(C)(7)(B)(i0. By delay] ng.beyond the deadlines imposed
by California lair, as diSCLIS>ed above, the City would violate the Telecommunications Act.
Conclusions
There is no evidence of urgency .1 t> >t1 yi ;g a blanket moratorium- The adoption and
extension of the proposed moratorium, particularly as it applies to pending applications,
violates the terms of the 1998 Guidehnes and the Telecommunications Act. For these
reasons, we respectfully submit that the City should not extend the Moratorium. In any
event, the City should process the pending ATT Wireless application under the current
Municipal Code, �kithout regard to the Nfloratortum as adopted or extended.
Very truly yours,
Pat;l Albritton
cc: Daniel Smith, Esquire
Mark Losclhky. Esquire
Leslie Daigle
Robert Chacon
ATTACHMENT$
ORDINANCE NO. 273
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, EXTENDING ORDINANCE
j NO. 272, ENACTING 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 hereby finds,
determines and declares that:
A. On July 18, 2001, the Moorpark City Council adopted as
an urgency measure Ordinance No. 272 enacting a
moratorium on the issuance of permits for construction
or placement of wireless telecommunications facilities
in the City, pending the study of the City's existing
regulations and possible revision of same to ensure
that the public health, safety, and welfare are not
negatively impacted.
B. City staff has submitted the report required by
Government Code Section 65858(d) to be submitted
before any extension of a previously adopted interim
zoning ordinance.
C. City's staff report indicates that further study
concerning the City's existing regulations needs to be
conducted or completed before any final
recommendations can be submitted to the Council and
certain of the circumstances that led to the adoption
of Ordinance No. 272 remain unresolved. Therefore, it
is appropriate to extend Ordinance No. 272 for the
period of one hundred thirty -five (135) days to allow
sufficient time for the city staff to complete their
study and to propose any recommended regulations or
amendments.
D. The City Council finds that this Ordinance is
necessary for the protection of the health, safety and
welfare of the citizens of Moorpark, as well as, the
preservation of the quality of the city's
neighborhoods and commercial districts.
Ordinance No. 273
Page 2
E. The City Council finds, determines, and declares that
a current and immediate threat to the public health,
safety, or welfare exists, and the approval of
additional permits or any other applicable land use
entitlements, which are required for the construction
or placement of new wireless telecommunications
facilities within the City, would result in a threat
to public health, safety, or welfare. The facts
constituting such an urgency are set forth in Sections
A -E, inclusive of this Ordinance.
SECTION 2. Interim Regulations. Pursuant to the authority
of Section 65858- of the Government Code of the State of
California, and the inherent police powers of the City of
Moorpark, Ordinance No. 272 is hereby extended for a period of
one hundred thirty -five (135) days from its previous expiration
date, now extending its expiration date through January 14,
2002.
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 of the City
of Moorpark is hereby directed to publish this Ordinance, or the
title hereof as a summary, pursuant to state statute.
SECTION 5. Vote Required. In accordance with Government
Code Section 65858, as an urgency moratorium ordinance, this
Ordinance requires a four- fifths (4/5) vote of the entire City
Council.
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 one hundred thirty -five (135) days. The reasons for
Ordinance No. 273
Page 3
this urgency are declared and set forth in Section 1 of this
Ordinance and are incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 29th day of August, 2001.
ATTEST:
Deborah S. Traffenste t, City Clerk
Ordinance No. 273
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
ss.
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Ordinance No. 273 was adopted by the City Council of
the City of Moorpark at a meeting held on the 29th day of August,
2001, and that the same was adopted by the following vote:
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 6th day
of September, 2001.
Deborah S. Traffenstedt, City Clerk
(seal)
ATTACHMENT .!2.
RESOLUTION NO. PC -2001-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF MOORPARK CONSIDER ADOPTION OF A
ZONING ORDINANCE AMENDMENT (ZOA- 2001 -03) TO
ADD CHAPTER 17.42 AND AMEND CHAPTERS 17.08
AND 17.20 OF TITLE 17, ZONING, OF THE
MOORPARK MUNICIPAL CODE TO REGULATE WIRELESS
COMMUNICATIONS FACILITIES (APPLICANT: CITY OF
MOORPARK)
WHEREAS, Public Notice having been given in time, form, and
manner as required by law, the Planning Commission of the City
of Moorpark held a Public Hearing on the proposed Zoning
Ordinance Amendment at a special meeting of November 19, 2001,
and has determined that the amendment is exempt from the
provisions of the California Environmental Quality Act (CEQA)
Guidelines, Section 15308; and
WHEREAS, at its public hearing conducted on November 19,
2001, on the Zoning Ordinance text amendment, the Planning
Commission took testimony from all those wishing to testify on
the amendment, closed the public hearing on the matter and
reached its decision on that date.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission finds that the proposed
amendment to Title 17, Zoning, to regulate Wireless Communication
Facilities is exempt from the California Environmental Quality Act
based on Section 15308 of the State California Environmental
Quality Act Guidelines.
SECTION 2. The Planning Commission hereby recommends that
the City Council approve adoption of an 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, as shown on
Exhibit A attached hereto and incorporated herein by this
reference.
Resolution No. PC -2001-
Page 2
PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF NOVEMBER,
2001.
AYES:
NAYES:
ABSENT:
ABSTAIN:
Janice Parvin, Chairperson
ATTEST:
Deborah S. Traffenstedt
Acting Director of Community Development
Attachment:
Exhibit A - Draft Ordinance
SXommunity Development\Everyone\Zone Ordinance Amendments \pc ResoZOA2001- 03Wireless.doc
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
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, 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES 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:
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 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.
17.42.010 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
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
\ \MOR_PRI_SERV\City Share \Community Development \Everyone \Ordinances \011119 PC Mtg Draft Wireless Communications Facilities
Ord.doc
Ordinance No.
Page 3
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.
17.42.020 DEFINITIONS.
For purposes (
phrases and their
herein. The word
directory. If a
Section 17.08.010
referenced.
if 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.
"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 owned or operated by more than one (1)
service provider at a single location and 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
\ \M0R_PR1_SERV\City Share \Community Development \Everyone \Ordinances \011119 PC Mtg Draft Wireless Communications Facilities
Ord.doc
Ordinance No.
Page 4
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 specifically 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 Roof Mounted; provided that the
Roof Mounted Facility is not screened on all four sides by solid
material that is architecturally compatible with the surrounding
land uses or exceeds the maximum building height of the
applicable zoning district in which the Major Facility is
located.
"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 either (1) Wall Mounted, (2) Utility Mounted, or (3)
Roof Mounted in such a manner that the entire Facility is
screened by solid material on four sides, is architecturally
compatible with the surrounding land uses, and does not exceed
the maximum building height of the applicable zoning district in
which the Minor Facility is located.
"Mobile Service" means any temporary service providing
Radio Communication to or from at least one ( 1) antenna that is
\ \MOR_PR[_SERV\City Share \Community Development \Everyone \Ordinances \011119 PC Mtg Draft Wireless Communications Facilities
Ord.doc
Ordinance No.
Page 5
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 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
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
existing above - ground structure that is specifically designed
and originally installed to support electrical power lines,
cable television lines, street lighting, traffic signal
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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
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 Planning 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.
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
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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:
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.
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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 Major
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. Both 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;
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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;
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 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 five (5) miles
of its geographic borders, as well as any proposed or planned
sites 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,
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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
reasons, if any, why the applicant cannot locate the Facility
outside the City of Moorpark, and the efforts, if any, that
applicant has made to locate the Facility outside the City of
Moorpark.
7. 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. 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. 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.
10. Evidence of any required licenses and approvals
to provide Wireless Services in the City.
11. 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.
12. 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:
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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, 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 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 consent to 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 located in an Open Space, Agricultural or Residential zone or
within two hundred (200) feet of a residential use, then the
Facility shall at a minimum comply with the main structure
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setback requirements for such zone as specified in Table
17.24.020A of the Moorpark Zoning Code. 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. 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 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 should be
compatible with surrounding and supporting structures.
4. If feasible, the location of the proposed
Facility should 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 availability of suitable alternative
locations for the Facility.
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7. The nature of existing uses on adjacent and
nearby properties.
8. 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.
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. S 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:
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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, 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.
B. Utility Mounted Facilities — Vertical Extensions. A
Utility Mounted 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 (18) inches from the existing utility pole or
structure unless the applicant demonstrates a need for such
extension.
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,
shrouded by sufficient landscaping to screen the Accessory
Equipment from view, and 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 that is
acceptable to the Planning Commission.
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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 one hundred
(100) 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 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 geographic area proposed to be served by
the applicant's Facility.
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
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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.
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 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
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:
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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 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 be located at least five hundred (500) feet from
the existing Major Facility.
3. A Ground Mounted Facility should 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 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 should be
located in any required setback.
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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 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 a
CUP in accordance with the Moorpark Zoning Code, and any
additional or different requirements made applicable by this
Chapter.
3. All leases of 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. 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 or the operator and /or owner of a Facility
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.
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17.42.120 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 near 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
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such removal, repair and restoration shall be completed within
ninety (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 three -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 nuisance, subject
to abatement pursuant to the provisions of Chapter 1.12 of the
Moorpark Municipal Code."
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.
\ \MOR_PRI_SERV\City Share \Community Development\Everyone \Ordinances \011119 PC Mtg Draft Wireless Communications Facilities
Ord.doc
Ordinance No.
Page 21
SECTION 7. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 8. 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.
\ \MOR_PRI_SERV\City Share \Community Development \Everyone \Ordinances \011119 PC Mtg Draft Wireless Communications Facilities
Ord.doc
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
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
1 O
O
More animals than are permitted by
Section 17.28.030C
O
O
O
Contractors 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
1 O
O
Over 100,000 sq. ft.
O
O
Packing or prelim. processing, within
structures: total GFA per lot:3
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
Revised Table 17.20.050
Wineries
Up to 2,000 sq. ft. structure
2,001 to 20,000 sq. ft. structure
O
O
O
Over 20,000 sq. 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)'
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
1 O
O
Cemeteries
O
O
O
O
O
O
1 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-
•
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 construction
Second dwelling
■
■
■
■
■
■
■
■
Room additions
■
■
■
■
■
■
■
■
Not for human habitation (with or
without bathroom):
Second story patio /deck
■
■
■
■
■
■
■
■
Accessory structure over 120 sq. ft.
■
■
■
■
■
■
■
■
Over 1,000 sq. ft. per structure; or over
2,000 sq. ft. per lot
O
O
O
O
O
O
O
O
Antenna, ground- mounted
(noncommercial), above 40 ft.2
O
O
O
O
O
O
O
O
O
Dwellings, accessory uses
Animals
Apiculture
Aviaries
O
O
O
O
Farm animals (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 nonboarding)
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
♦
♦
I ♦
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 uses
O
O
O
Less than 9 months in duration
O
O
O
O
Page 3 of 5
Revised Table 17.20.050
Public works maintenance
♦
Oil and gas exploration and production
O
O
O
O
Mobilehome parks
O
O
O
O
O
O
Model homes /lot sales; 2 years
♦
♦
♦
More than 2 years
O
O
O 1
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
Camps
O
O
O
Campgrounds
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 golF
O
O
O
O
O
O
O
O
Parks
♦
O
♦
♦
♦
♦
♦
•
O
With buildings
O
O
O
O
O
O
O
O
O
Periodic outdoor sporting events
O
Recreational vehicle parks
O
O
O
Recreation projects, city- initiated
Caretaker recreational vehicle,
accessory2
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,
temporary2
Trees and native vegetation: Removal,
relocation or damage'
Within an overlay zone
SEE CHAPTER
17.36
Uses and structures, accessory (other
than to agric. 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 1A
O
O
O
O
O
O
O
O
O
O
Wireless communications facilities5 O O O O O O O O O O
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.
(Ord. 264 § 2 (part), 1999; Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 -4), 1994)
Page 5 of 5
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
0 Administrative permit required
A► Temporary use permit
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
EXHIBIT B
C2
CO
C1
CPD
M1
M2
I
C -OT
Airfields and landing pads and strips, private
O
O
O
Airports
O
O
Alcoholic beverage
Establishments selling beer and/or wine with an
eating place
0
0
0
0
0
0
Establishments selling alcoholic beverages other
than beer and wine with an eating place
+e
+f
+1!
#
#
0
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
♦
•
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)
Day'
•
•
•
•
•
Intermediate and residential
O
O
O
EXHIBIT B
Revised Table 17.20.060
Care facilities: For 9 or more persons (Day)
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 worships
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 structures4
Produce stands, retail
Dog and cat grooming
•
O
Dressmaking and tailor shops
•
Drilling, temporary geologic (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
only)2,3
•
•
•
•
•
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
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
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 sq. 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 O O
activities and structures
O
O
O O
O
Temporary (maximum 47 days in any 180 -day
period) I'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
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 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
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
Sign 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
Revised Table 17.20.060
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 ministorage
•
•
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 O O O O O O
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
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.
(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
ITEM. 6- q ow
CITY OF MOORPARK
PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Chairman and Members of the Planning
Commission
FROM: Laura Stringer, Senior Management Analyst
DATE: November 14, 2001 (Special PC Meeting of 11/19/01)
SUBJECT: Consider Invitation to University of Southern
California Conference, "Planning the Post - Sprawl Era:
A Gathering of Leading Thinkers"
DISCUSSION
The attached invitation to the University of Southern California
Conference, "Planning the Post - Sprawl Era: A Gathering of
Leading Thinkers" was received by staff on October 30, 2001.
Unfortunately, this conference was not anticipated nor was it
budgeted for in the 2001 -2002 Community Development /Planning
Commission Budget. However the conference hosts are providing a
waiver of registration fees for one Planning Commissioner per
city.
The Commission may wish to designate one member to attend,
requesting that the attendee present the information from the
conference as a discussion item on a future Planning Commission
Agenda. One Planning Commissioner has already expressed interest
in attending this conference, based on the availability of the
registration fee waiver.
STAFF RECOMMENDATION
Following discussion of this matter, by consensus, designate one
Commissioner to attend the conference and direct staff to submit
the Registration Form on behalf of the Planning Commission.
S: \Community Development \Everyone \Planning Commission Agenda Reports \pcmemo.USC.11.19.01.doc
USC
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OF SO [MIER\
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School of Policy,
Planning, and
Development
University of
Southern Cali'ornia
Los Angeles,
California 90089 -0626
Tel: 213 821 18
Fax. 213 821 166
I N V I T A T I O N
October 25, 2001
To: City Managers
Planning Directors
From: Dowell Myers
Director, Master of Planning Program
USC School of Policy, Planning, and Development
Re: Planning the Post - Sprawl Era: A Gathering of Leading Thinkers
We earnestly welcome your participation in a conference planned for
Friday, November 30 on the USC campus. With generous funding from
the Fannie Mae Foundation and Lincoln Institute for Land Policy, we are
bringing together a set of the leading scholars and practitioners from
throughout California and the nation.
Please see the attached preliminary conference program and related
material.
The luncheon will consist of a series of "hot topic" roundtables where
people can discuss focused concerns. A half dozen have already been
formed up, but we welcome your suggestions for new topics. What is your
suggestion?
Planning commissioners are also welcome to attend. Please forward this
invitation to anyone who you think could benefit. (We may be able to
waive registration fees in some cases.)
Save the date! Friday, November 30. Come for the whole day, or any part.
Respectfully yours,
Dowell Myers
Director, Master of Planning Program
b7
Planning the Post Sprawl Era:
Lessons and Challenges for Livability in California
Friday, November 30, 2001
University of Southem Califomia
8:30 Welcome addresses
9:00 California in National Context: the Latest Research
Robert Lang, Fannie Mae Foundation
George Galster, Wayne State University
Rolf Pendall, Comell University
10:20 Break
10:40 Rethinking Issues of Sprawl and Density
Peter Gordon, USC Master of Real Estate Development Program
John Landis, UC- Berkeley Department of City and Regional Planning
Jennifer Wolch, USC Sustainable Cities Program and Geography Department
12:00 Luncheon with Roundtable Discussions
Discussion topics/leaders to be arranged
1:30 New Preferences for Density and Smart Growth
Dowell Myers, USC Master of Planning Program
Alex MacLean, Landslides Aerial Photography
Robert Yaro, Regional Plan Association of New York
2:50 New Solutions for Planning Livable Places
Joe Carreras, Southem Califomia Association of Govemments
Richard Ramella, The Planning Center
3:30 Break
3:50 Building Better Places: Density Without Pain
Shelley Poticha, Congress for the New Urbanism
Stefanos Polyzoides, Moule and Polyzoides, Architects and Urbanists
Rick Cole, City Manager, City of Azusa
5:00 Closing remarks
William Fulton, Solimar Research Group, Inc.
5:30 Reception
Sponsors: USC School of Policy, Planning, and Development - APA - Congress for the New Urbanism
Fannie Mae Foundation - Lincoln Institute for Land Policy - SCAG
Planning the Post Sprawl Era:
Lessons and Challenges for Livability in California
Friday, November 30, 2001
REGISTRATION FORM
Please print this form and mail with payment to the address below.
Please complete a separate registration form for each individual registrant. This form may be
photocopied. Please type or print clearly.
Name:
Firm/Organization:
Address:
City, State, Zip Code:
Phone:
Fax:
E -mail:
Conference Registration Fees
All fees include lunch and refreshments
$85 Early Registration (received by November 15)
$100 Late Registration (received after November 15)
$115 On Site Registration
Please make your check payable to University of Southern California and mail with this form
to:
University of Southern California
Post Sprawl Conference
c/o Jane Chung
650 Childs Way, RGL 301
Los Angeles, CA 90089 -0626
Cancellations: Refunds requested before November 21 will be fully refunded minus a $25
processing fee.