HomeMy WebLinkAboutRES CC 1999 1651 1999 0901RESOLUTION NO. 99 -1651
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING APPEAL NO. 99 -1 OF
THE PLANNING COMMISSION'S DECISION TO
GRANTCONDITIONAL 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.
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.
Resolution No. 99 -1651
Page 2
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 have 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
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 the location, the
antennae will be visible from the valley floor,
which is not an enhancement to the visual quality
of the community.
Resolution No. 99 -1651
Page 3
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 the applicant desires to serve.
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 let day of September,;1999.
ATTEST:
Deborah S. Traffenstedt, City Cler
atrick H4nter, Mayor
Resolution No. 99 -1651
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 1999 -1651 was adopted by the
City Council of the City of Moorpark at a meeting held on the 1st
day of September, 1999, and that the same was adopted by the
following vote:
AYES: Councilmembers Harper, Rodgers, Wozniak and
Mayor Pro Tem Evans
NOES: None
ABSENT: Mayor Hunter
ABSTAIN: None
WITNESS my hand and the official seal of said City this 12th
day of February, 2001.
Deborah S. Traffensted , City Clerk
(seal)