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HomeMy WebLinkAboutRES 2001 418 1119(I,-- RESOLUTION NO. PC -2001 -418 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 -418 Page 2 PASSED, APPROVED, AND ADOPTED THIS 19t' DAY OF NOVEMBER, 2001. AYES: Commissioners DiCecco, Haller and Landis, Vice Chair Otto, and Chair Parvin NAYES: ABSENT: ABSTAIN: Ja ice Parvin, Chair ATTEST: Deborah S. Trafferiatedt ?'^ Acting Director of Community Development Attachment: Exhibit A - Draft Ordinance & \Community Development\Everyone\PC FINAL RESO\pc 418 ZOA 2001 -03 Wireless.doc fe� 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. 17.42.130 TEMPORARY USE DURING DECLARED EMERGENCY. 17.42.010 PURPOSE. A. The purpose of these requirements and guidelines is to regulate the location and design of Wireless Communications Facilities as defined herein to facilitate the orderly deployment and development of wireless communications services in the City of Moorpark, to ensure the design and location of Wireless Communications Facilities are consistent with policies of the City previously adopted to guide the orderly development of the City of Moorpark to promote the public health, safety, comfort, convenience, quality of life and general welfare of the City's residents, to protect property values and enhance aesthetic appearance of the City by maintaining architectural and structural integrity, and by protecting views from obtrusive and unsightly accessory uses and Facilities. B. In adopting and implementing the regulatory provisions of this Ordinance, it is the intent of the Moorpark City Council 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 SACommunity Developn t\PveryoneWrdinances\011205 CC 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 c phrases and their herein. The word directory. If a Section 17.08.010 referenced. >f 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 S: \Co=unity Deve1opment \EveryMC\Ordinances\011205 CC Mtg Draft Wireless Cotmnunicatlons Faciliries 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, f2+ Utility Mounted, or -F3 Roof Mounted in sueh a manner that the entire Faellity is eemparible with the se;= reunoing lane�-> }ses, and lees —net emeeed the maximum — building height e€ the applicable zening distriet in whi-eh the Miner- Facility is— leeated. as follows: (1) If Wall Mounted, the Facility is architecturally compatible with the building structure and surrounding and uses; (2) If Utility Mounted, the Facility is required to be compatible with SACormnunity Developrt wm\Everyone\0rdinences\011205 CC Mtg Draft Wireless Commwnications Facilities Ord.doc r^ Ordinance No. _ Page 5 surrounding land uses, must be proposed for attachment to an existing above - ground structure, and comply with all other provisions of Section 17.42.070.B, 17.42.070.C, and 17.42.070.D of this Code; and (3) If Roof Mounted, the entire Facility must be screened with solid material on four sides, must be architecturally compatible with surrounding land uses, and must not exceed the maximum building height of the applicable zone district in which the Facility is located. "Mobile Service" means any temporary service providing Radio Communication to or from at least one (1) antenna that is designed to be moved during operation or used during halts at unspecified locations; or as otherwise defined in 47 USCS Section 153 and interpreted by the Code of Federal Regulations and the Federal Register. "Mounted" means any manner of 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. SACommunity DevelopmentEveryoneVOMinancesWI 1205 CC M% Dreg Wireless Communications Facilities Ord.doc r� Ordinance No. Page 6 "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 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: r, 1. All Facilities ' for which applications were determined complete by the PlaRRIP19 mmunity Develo ment SACommmity De vel9pmrnt\EveryoneWMi=c;cs\011205 CC Mtg Draft Wireless Co`mnuniwtions Facilities Ord.doc r^ Ordinance No. Page 7 Department prior to the effective date of this Ordinance shall be exempt from the regulations and guidelines of this Chapter and shall be subject to Chapter 17.52 of the Moorpark Zoning Code regulating nonconforming structures and uses and any other applicable permit requirements of the Moorpark Zonina Code. 2. All Facilities for which building permits were issued by the City of Moorpark prior to the effective date of this Ordinance shall be exempt from the regulations and guidelines of this Chapter, and shall be subject to the regulations and guidelines of Chapter 17.52 of the Moorpark Zoning Code, regulating nonconforming structures and uses, unless and until such time as Paragraph (A) of this Section applies. B. All Facilities for which building permits and any extension thereof have expired shall comply with the provisions of this Chapter. C. All Facilities constructed or erected prior to the effective date of this Ordinance that are in violation of �., applicable laws, ordinances, or other regulations shall be considered an illegal nonconforming Facility, no longer 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 1, (39.37 inches) or less in diameter or diagonal measurement and is designed to receive Multipoint Distribution Service, provided SACommunity Dk cloprmnt \Everyone \Ordinances\011205 CC Mtg Draft Wireless Communications Facilities Ord.doc r, Ordinance No. _ Page 8 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. 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 SACo=unity D evelopment\Everyone\Ordinames\01 1205 CC Mtg Draft Wireless Cotmmmicatlans Facilides Chd.doe f f'^ Ordinance No. _ Page 9 the Moorpark Zoning Code, and such additional or different requirements as are made applicable by this Chapter. 2. The scaled Site Plan and Facility Elevations required for the City CUP application shall include the following information: a. The proposed location of the Wireless Communications Facility including access; b. The elevations of the Wireless Communications Facility with dimensions identified; 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. SACommunity Development \Everyone\OMinancest011205 CC Mtg Draft Wireless Communications Facilities Ord.doe Ordinance No. _ Page 10 5. Each application shall map that discloses the exact location existing Facilities that are owned, applicant within the City of Moorpark, of its geographic borders, as well a sites that may reasonably be known to the application is made. contain a narrative and and nature of any and all operated or used by the or within five (5) miles s any proposed or planned the applicant at the time 6. Each application shall contain a narrative and appropriate maps that disclose the geographic area(s) within the City of Moorpark that will be serviced by the proposed Facility, the geographic area(s) bordering the City of Moorpark, if any, that will be serviced by the proposed Facility, 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. Each application shall (RF) report prepared by a qualified i-. the City to demonstrate that the prc any Colocated Facilities, complies emission standards. This RF report strength exhibits. contain Aa radio - frequency RF engineer acceptable to posed Facility, as well as with current Federal RF shall also include signal 8. Each application shall contain Gcomputerized visual assessments or other exhibits equivalent in a form and manner acceptable to the Director of Community Development showing the before and after visual appearances of the proposed Facility. 9. Each application_ shall contain a description of the required maintenance visits to the site and security proposed to protect the site from vandalism and trespass. -910. Each application shall contain Aa 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. 1 &1. Each application shall contain Eevidence of any required licenses and approvals to provide Wireless Services in the City. S1Coninmity Development\Everyone\OrdinancesWl 1205 CC Mtg Draft Wireless Communications Facilities Chd.doc Ordinance No. Page 11 1 -12. Notwithstanding any permit that may be granted in accordance with this Chapter, the Facility shall be erected, located, Mounted, operated and maintained at all times in compliance with this Chapter and all applicable laws, regulations and requirements of the Building Code, and every other code and regulation imposed or enforced by the City of Moorpark, the State of California, and the United States Federal Government. Applicants are separately required to obtain all applicable building and construction permits that may be required prior to erecting or installing the Facility. 1 -Z3. 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: 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, such as landscaping, that is acceptable to the Director of Community Development. If no recent and /or reasonable architectural theme is present, the Director of Community Development may require a particular design that is deemed suitable to the subject location. �- 3. The Facility's exterior finish shall be comprised of non - reflective material(s) and painted, screened, or SACommunity Development\Everyone\0Minances\011205 CC Mtg Dreg Wireless Commnications Facilities Ord.doc r'^ Ordinance No. Page 12 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 proposed to be located in an Open Space, Agricultural or Residential zone or within two hundred (200) feet of a residential use in any zone district, then the Facility shall at a minimum comply with the main structure setback requirements for such zone as specified in Tables 17.24.020A and 17.24.020B of the Moorpark Zoning Code, with the exception of Utility Mounted Facilities, if all other requirements in Sections 17.42.070.B, 17.42.070.C, and 17.42.070.D can be met. In Commercial and Industrial zones, the Facility shall at a minimum comply with the building setback requirements from the edge of roadway right -of -way as specified in Table 17.24.020B of the Moorpark Zoning Code, with the exception of Utility Mounted Facilities, if all other requirements in Sections 17.42.070.B, 17.42.070.C, and 17.42.070.D can be met. In all instances, the determination of need for a larger setback for the Facility shall be considered by the City in connection with the processing of the CUP. F. Screening and Site Selection Guidelines. In addition to the above requirements, the City shall consider the following factors in conjunction with the processing of a CUP. 1. The proposed Facility shall be designed to either be a Disguised Facility or Stealth Facility, taking into consideration alternate sites that are available, including Colocation. SACommunity DevelopmenMYwyone`0rdimmccs\01 1205 CC Mtg Draft Wireless Canemtnications Facilities Ord.doc Ordinance No. _ Page 13 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. 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 SACo=mity Developnzn t\Everyone\Ordinances1011205 CC Mtg Dmft Wireless Commmications Facilities Ord.doc Ordinance No. _ Page 14 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. § 332(c)(7)(B)(iii). 17.42.070 ADDITIONAL REGULATIONS FOR MINOR FACILITIES. In addition to the requirements of Sections 17.42.040 and 17.42.060 of this Chapter, the following requirements shall apply to the following types of Facilities: A. Minor Facility Height Requirements. Notwithstanding any other provision in the Moorpark Zoning Code, no Minor Facility shall exceed the maximum building height for the applicable zoning district unless such Facility receives Planning Commission 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 SACo=mity Development \Everyone\OrdinancesW1 1205 CC Mtg Draft Whelps Communications Facilities Ord.doc Ordinance No. _ Page 15 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 ekisting 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 sereen the equipment fEem " - Fesidential area-or another material, such as landscaping, that will screen the equipment from view, as acceptable t6bv the Planning Commission. 17.42.080 ADDITIONAL REGULATIONS FOR MAJOR FACILITIES. In addition to the requirements of Sections 17.42.050 and 17.42.060, the following requirements shall apply to the following types of Facilities: A. Location Requirements. 1. No portion or extension of a Major Facility shall protrude beyond property lines or extend into any portion of property where such Facility is not itself permitted; provided, however, that the City may approve the location of guy wires in a required setback if such approval is consistent with the guidelines and requirements set forth in this chapter. SACommunity Deve1opmen t\Evwymc\0rdinances\011205 CC Mtg Dm ft Wireless Communications Facilities Chd.doc r� Ordinance No. _ Page 16 2. Latticed Towers shall not be located in any Zone except M -2 and I, and shall not be located within enetwo hundred ( -1200) 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 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 SACommunity Development \EveryoneWrdirwneesl011205 CC Mtg Draft Winless Comnwnications Facilities Ord.doc Ordinance No. Page 17 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: 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. SACom unity Developm t\EveryoneWr4inanccs\0l 1205 CC Mtg Draft Wireless Commnications Facilities Ord.doc Ordinance No. _ Page 18 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 should 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 shallshould 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. 17.42.090 PUBLIC PROPERTY FACILITIES. A. Pre- Approved Locations. 1. The City may approve by Resolution, following a duly noticed public hearing, a list of sites located on public property or within the public right -of -way and which are approved for Minor and Major Facilities. Each site 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 r- which is pre- approved in accordance with this Section following the effective date of this Ordinance must obtain approval of a VCommunity Development\Everyone bndinancesW11205 CC Mtg Draft Wireless Communications Facilities Ord.doc f Ordinance No. _ Page 19 CUP in accordance with the Moorpark Zoning Code, and any additional or different requirements made applicable by this Chapter. 3. All leases of a public property that is pre - approved in accordance with this Section shall be non - exclusive. The operator of a Facility located on such public property shall make the supporting structure of the Facility available to any 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. 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. SACommunity Development \Evoyone\OrdinancesWl 1205 CC Mtg Draft Wireless Communications Facilities Ord.doc Ordinance No. Page 20 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 /Coloration. Upon review, any changed circumstance as determined by the Director of Community Development shall require the application and approval of a modification to the original Conditional Use Permit, provided that any modification to accommodate C:olocated Facilities may be approved administratively without the approval of the Planning Commission. 17.42.120 FACILITY REMOVAL. A. Discontinued Use. The operator of a lawfully erected Facility, and the owner of the premises upon which it is located, shall promptly notify the Director of Community Development in writing in the event that use of the Facility is discontinued for any reason. In the event that discontinued use is permanent, then the owner(s) and /or operator(s) shall promptly remove the Facility, repair any damage to the premises caused by such removal, and restore the premises as appropriate so as to be in conformance with applicable zoning codes. All such removal, repair and restoration shall be completed within 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 public nuisance, subject to abatement pursuant to the provisions of Chapter 1.12 of the Moorpark Municipal Code. To facilitate removal of an abandoned Facility, all Wireless Communications Facility projects shall be conditioned to require a surety be provided to the City prior to building permit approval to guarantee removal !" of equipment and structures if the City determines the Facility to be abandoned and a public nuisance. SACommunity Developmen t\Everyone\OrdinencesW11205 CC Mtg Draft Wireless Communications Facilities Ord.doc Ordinance No. Page 21 C. Utility Mounted Facility Removal or Relocation. The or all Utility Mounted Facilities shall be conditioned to require removal or relocation of equipment at the Facility owner's expense when a City- approved project requires relocation or underaroundina of the utility structure on which the Facilitv is mounted. 17.42.130 TEMPORARY USE DURING DECLARED EMERGENCY. A. or Cit rary Use. The Director of Communi ve the authoritv to anorove a Temoorary Use Permit for Wireless The Temporary Use Permit shall contain the conditions for removal of the temporary Facilities as soon as possible after the conclusion of the declared emergence" 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 S: \Community Development \EveryoneWrdinancea\011205 CC Mtg Draft Winless Commwnicetlons Facilities Ord.doc e^ Ordinance No. Page 22 that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 8. 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 S1Communiry Development\Everyone WMinancesW11205 CC Mtg Draft Winless Communications Facilities Ord.doc 2001.