HomeMy WebLinkAboutORD 450 2017 0726 ORDINANCE NO. 450
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2017-04, AN
AMENDMENT TO CHAPTER 17.40 (SIGN REGULATIONS) AND
CHAPTER 17.42 (WIRELESS COMMUNICATIONS FACILITIES) OF
TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO
ALLOW SIGNAGE ON CERTAIN WIRELESS FACILITIES IN CERTAIN
LOCATIONS, AND DETERMINING THAT THIS ACTION IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, On December 2, 2016, Matt Vigil, on behalf of Vinculums Services,
LLC, submitted an application for Conditional Use Permit No. 2016-05 and Modification
No. 2 to Commercial Planned Development Permit No. 2004-03 to construct and
operate a major wireless facility within a stand-alone 48-foot high tower structure at
14339 White Sage Road; and
WHEREAS, on April 27, 2017, Tom Schlender, representing NLA 14339 LLC, the
owner of the property at 14339 White Sage Road, amended the application in order to
request an amendment to the Zoning Ordinance to allow signage on the proposed tower
structure (Zoning Ordinance Amendment No. 2017-04); and
WHEREAS, at a duly noticed public hearing on June 27, 2017, the Planning
Commission considered Zoning Ordinance Amendment No. 2017-04, an amendment to
Chapter 17.40 (Sign Regulations) and Chapter 17.42 (Wireless Communications
Facilities) of Title 17 (Zoning) of the Moorpark Municipal Code to allow signage on
certain wireless facilities in certain locations; and
WHEREAS, at its meeting of June 27, 2017, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments, opened the public hearing and took and considered public testimony both
for and against the proposal, closed the public hearing, and after discussion, adopted
Resolution No. PC-2017-619, recommending approval of Zoning Ordinance
Amendment No. 2017-04; and
WHEREAS, at a duly noticed public hearing on July 19, 2017, the City Council
considered Zoning Ordinance Amendment No. 2017-04, opened the public hearing and
took and considered public testimony both for and against the proposal, closed the
public hearing, and discussed and reached a decision on this matter; and
WHEREAS, the Community Development Director preliminarily determined that
Zoning Ordinance Amendment No. 2017-04 is Categorically Exempt from the provisions
of CEQA pursuant to Section 15311 (Class 11 - Accessory Structures) of Title 14 of the
California Code of Regulations (CEQA Guidelines) in that Zoning Ordinance
Amendment No. 2017-04 allows signage on certain wireless facilities in certain
locations, and on-premises signs are included in Section 15311 of the CEQA Guidelines
as an example of a project eligible for this exemption.
Ordinance No. 450
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Community Development Director that Zoning Ordinance
Amendment No. 2017-04 is Categorically Exempt from the provisions of CEQA
pursuant to Section 15311 (Class 11 - Accessory Structures) of Title 14 of the California
Code of Regulations (CEQA Guidelines) in that Zoning Ordinance Amendment No.
2017-04 allows signage on certain wireless facilities in certain locations, and on-
premises signs are included in Section 15311 of the CEQA Guidelines as an example of
a project eligible for this exemption. No further environmental documentation is
required.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The City
Council finds Zoning Ordinance Amendment No. 2017-04 to be consistent with the City
of Moorpark General Plan and all adopted Specific Plans, in that this ordinance
supports one of the goals of the Land Use Element which calls for a variety of
commercial facilities which serve community residents and meet regional needs. Viable
and aesthetically pleasing wireless communication facilities are an example of
commercial facilities that provide important services to community residents and serve
regional needs for wireless communications.
SECTION 3. The City Council hereby approves Zoning Ordinance Amendment
No. 2017-04, which amends Chapter 17.40 (Sign Regulations) and Chapter 17.42
(Wireless Communications Facilities) of Title 17 (Zoning) of the Moorpark Municipal
Code to allow signage on certain wireless facilities in certain locations, as shown in
Exhibit A attached, with the effective date of this approval subject to the provisions of
Sections 5 and 6 of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 5. Zoning Ordinance Amendment No. 2017-04, including the
amendment to the City's Sign Regulations, shall not take effect unless and until an
agreement has been approved and executed between the City and the applicant by which
"City Welcome Signs" are permitted to be installed and maintained on the tower element of
the structure that meets the requirements of the Zoning Ordinance Amendment No. 2017-
04.
Ordinance No. 450
Page 3
SECTION 6. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 7. 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 written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this 26th day of July, 2017.
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Ja ice S. Parvin, Mayor
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Exhibit A—Zoning Ordinance Amendment No. 2017-04
Ordinance No. 450
Page 4
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2017-04
AN AMENDMENT TO CHAPTER 17.40 (SIGN REGULATIONS) AND CHAPTER
17.42 (WIRELESS COMMUNICATIONS FACILITIES) OF TITLE 17 (ZONING) OF THE
MOORPARK MUNICIPAL CODE
Letter "I" is added to table in Section 17.40.110 (Commercial/industrial zones) of
Chapter 17.40 (Sign Regulations) of Title 17 (Zoning) of the Moorpark Municipal Code
as follows:
Sign Type Sign Location Maximum Sign Area, Other Regulations
Height, and Width
I. Wireless
communication facilities.
Signs on a stealth Location must comply Area: One-hundred sixty Number: One (1)tower
facility designed as a with standards in (160)square feet element with signage
tower element on Chapter 17.42 (Wireless maximum per each side per eligible site.
private property Communications of tower element, but Maximum four(4)signs
(Only permitted in the Facilities)and CPD not to exceed 40% of on each side of Tower
Commercial Planned Permit. the surface area of any element.
Development(CPD) one side of tower Maximum three(3)
zone on a site element. sides of Tower element
developed with 100,000 Height and Width: Per with signage.
square feet or more of Chapter 17.42 (Wireless Design: Tower element
building area and Communications must meet definition of
adjacent to a freeway.) Facilities) and CPD stealth facility in
Permit. Signage may Chapter 17.42 (Wireless
not extend beyond the Communications
edges of the tower Facilities)and have an
element. approved CPD Permit
with a design, including
materials, colors,
architectural style and
details, and proposed
signage to match
existing site architecture
as determined by the
City Council.
Illumination: Internal or
spotlights, but no
exposed neon lighting
or exposed bulb.
Landscaping: Four(4)
foot wide planter
surrounding tower
element. Minimum ten
(10) inch high letters on
signs
Ordinance No. 450
Page 5
Section 17.42.050 (Development requirements for all wireless communications facilities)
of Chapter 17.42 (Wireless Communications Facilities) of Title 17 (Zoning) of the
Moorpark Municipal Code is amended as follows:
17.42.050 Development requirements for all wireless communications facilities.
A. General Development Requirements. The facility shall comply with each of the
following requirements:
1. Any signs or advertising devices other than certification, public safety, warning,
or other required seals or required signage are prohibited, except as provided for in
Chapter 17.40 (Sign Regulations).
2. Any and all accessory equipment, or other equipment associated with the
operation of a minor facility, including but not limited to transmission cables, when not
located within an existing above-ground building in a manner that is not visible from the
outside, in association with a stealth facility, must be located within conduit or in an
underground vault. Any and all accessory equipment, or other equipment associated
with the operation of a major facility, including but not limited to transmission cables,
must be located within conduit, an underground vault, or an above-ground building or
enclosure in a manner that complies with the development standards of the zoning
district in which such equipment is located. Equipment located above ground must be
visually compatible with the surrounding buildings and structures and either shrouded
by sufficient landscaping to screen the equipment from view, or designed to match the
architecture of adjacent buildings.
3. The wireless communications 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. Wireless communications facilities and/or support equipment that are
accessible to pedestrians shall be covered with a clear anti-graffiti material of a type
approved by the planning commission or community development director. The
planning commission or community development director may grant an exception to this
requirement if the applicant demonstrates to the satisfaction of the planning commission
or community development director that there is adequate security around the facility to
prevent graffiti.
5. All screening used in connection with a wall mounted and/or roof mounted
wireless facility must be compatible with the architecture, color, texture, and materials of
the building or structure to which it is attached, and must be maintained to the
satisfaction of the community development director.
6. Wireless facilities may not be illuminated unless specifically required by the
Federal Aviation Administration or other governmental agencies with appropriate
jurisdiction, or to illuminate signage as allowed by Chapter 17.40 (Sign Regulations).
7. The applicant, and the property owner if different from the applicant, shall not
enter into any exclusive agreement which prohibits future collocation of other facilities
on or with the applicant's facility, unless technological requirements preclude that
collocation.
B. Setback Requirements. All facilities must comply with the main structure
setback requirements for the zone in which they are located as specified in Chapter
Ordinance No. 450
Page 6
17.24 of the Moorpark Municipal Code, with the exception of utility mounted facilities, if
all other requirements in Sections 17.42.070(B) and 17.42.070(C) can be met. In all
instances, the determination of need for a larger setback for the facility may be
considered by the city in connection with the processing of the applicable permit. (Ord.
396 § 3, 2011)
Ordinance No. 450
Page 7
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Ordinance No. 450 was adopted by
the City Council of the City of Moorpark at an adjourned regular meeting held on the
26th day of July, 2017 and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Simons
ABSTAIN: None
WITNESS my hand and the official seal of said City this 26th day of July, 2017.
Maureen Benson, City Clerk
(seal)
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