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Home My WebLink AboutAGENDA REPORT 1999 0901 CC REG ITEM 10ATo. From: Date AGENDA REPORT City of Moorpark Honorable City Council 7 12 , I oo nc)'4 n2v -11-2. , -i 1 (2�� ITEM CITY O CMtO RPAR M FORNIA e XLT of ACTION: ''Y BY. Wayne Loftus, Acting Director of Community Development /4e August 23, 1999 (City Council Meeting of 9/01/99) Subject: Consider Adoption of Resolution Approving Appeal No. 90 -1 of the Planning Commission's Decision to Grant Conditional Use Permit No. 98 -5 Denying a Request by Air Touch Cellular to Construct Fifteen Communication Antennae, One Microwave Dish Antenna and a 320 Square Foot Equipment Building at 13931 E. Los Angeles Avenue (APN. No. 512 -9 -160 -300) BACKGROUND On August 18, 1999, the City Council closed the public hearing on conditional Use Permit No. 98 -5, a request for the installation of fifteen (15) cellular antennae, and one microwave antenna and a 320 square foot service building on land situated at 13931 E. Los Angeles Avenue. The Council following receipt of testimony from the applicant and review of additional agenda report from staff, concluded that the proposed location was not preferred because of visual impacts to the residential area and that the co- location of communication facilities was the preferred approach for the City, to minimize visual impacts. Council pointed out that two locations in the city where visual concerns can be more adequately resolved are presently the site of four (4) competing communication carriers who are able to service the area that Air Touch would also service. Following the close of discussion on this appeal to the decision of the Planning Commission, Council directed staff to prepare a resolution to grant the appeal and deny the request for a Conditional Use Permit for the communication facility. The Draft Resolution to deny Conditional Use Permit No. 98 -5 is attached. 0001 Honorable City Council August 20, 1999 Page 2 STAFF RECOMMENDATIONS Adopt Resolution No. 99- approving Appeal No. 99 -1 to the decision of the Planning Commission, denying Conditional Use Permit No. 98 -5. ATTACHMENT Draft Resolution 00010 \ \MOR PRI SERV \City Share \Community Development\ Everyone \CC- 9909OlAirTouchSR.doc RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING APPEAL NO. 99 -1 OF THE PLANNING COMMISSION'S DECISION TO GRANT CONDITIONAL USE PERMIT NO. 98 -5 AND DENYING APPLICANT'S REQUEST TO CONSTRUCT FIFTEEN COMMUNICATION ANTENNAE, ONE MICROWAVE DISH ANTENNA AND A 320 SQUARE FOOT EQUIPMENT BUILDING AT 13931 E. LOS ANGELES AVENUE ON THE APPLICATION OF AIR TOUCH CELLULAR (APN. NO. 512 -0 -160 -300) WHEREAS, at a duly noticed public hearing on April 12, 1999, the Planning Commission held a public hearing and conditionally recommended to the City Council approval of Conditional Use Permit No. 98 -5; and WHEREAS, on April 28, 1999, the City Council appealed the Planning Commission's decision to approve Conditional Use Permit No. 98 -5 with conditions; and WHEREAS, at a duly noticed public hearing on June 2, 1999, the City Council continued the public hearing to July 21, 1999, and then to August 18, 1999 at the applicant's request; and WHEREAS, on August 18, 1999, the City Council considered Appeal No. 99 -1 appealing the Planning Commission's approval of Conditional Use Permit No. 99 -5 on the application filed by Air Touch Cellular, requesting approval for the installation of fifteen cellular communication antennae, one microwave dish antenna and a 320 square foot equipment building; and WHEREAS, at its meeting of August 18, 1999, the City Council opened the public hearing, took testimony from all those wishing to testify on the project and subsequently closed the public hearing. 0002 -y S: \Community Development \Everyone \PAUL Rev. l.doc V i Resolution No. 99- Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council approves Appeal No. 99 -1 denying Conditional Use Permit No. 99 -5 based upon the following Findings of Fact: 1. The proposed placement of the cellular antennae and microwave dish antenna is not compatible with the character of surrounding development. The surrounding development is comprised of single family dwellings on large parcels of land, which results in a rural appearance. Placement of the antennae at this location would be out of character for a rural residential setting especially on the subject site, which has steep topography with very little natural vegetation. 2. The proposed antennae would be detrimental to the public interest, health, safety, convenience or welfare. The antennae would detract from the rural appearance of the surrounding area with single family homes on large lots. Placement of the antennae at this location would be out of character for a rural residential setting especially on the subject site, which has steep topography with very little natural vegetation. Antennae for wireless communications have been approved at two other sites in the community where visibility is less of a factor and where measures to camouflage view of these types of facilities has been accepted by the City and proven to minimize visual impacts. These alternative locations where Conditional Use Permits have been granted include the Ventura County water reservoir north of Highway 23 east of Moorpark College and the Ventura County Water S: \Community Development \Everyone \PAUL Rev. 1.doc 0 ® 0 1 V S Resolution No. 99- Page 3 Works Administrative offices on Walnut Canyon Road. 3. The proposed antennae are not compatible with the scale, visual character and design of the surrounding properties; or are not designed so as to enhance the physical and visual quality of the community. The proposed antennae are not visually compatible with the adjacent residential area which, because of the large lots and steep topography and minimum natural vegetation has a rural appearance. Because of its location the antennae will be visible from the valley floor which is not an enhancement to the visual quality of the community. There are two alternative locations where visual relief concerning the appearance of the antennae can be achieved and where there can be separation between land uses of conflicting character. Alternative locations exist at the Ventura County Water District reservoir site north of Highway 23 east of Moorpark College and at the administrative facility for the water district on Walnut Canyon Road where antennae have been approved by the City through granting of Conditional Use Permits. These alternate locations for the requested antennae are viewed as compatible areas for co- location which has been previously approved through the granting of several Conditional Use Permits, as aesthetic and visual features can be adequately mitigated in these areas. Installation of the antennae at these locations would provide service to the corridor applicant desires to serve. 000 J S: \Community Development \Everyone \pAUL Rev. l.doc Resolution No. 99- Page 4 SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this day of , 1999. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk S: \Community Development \Everyone \PAUL Rev. 1.doc