HomeMy WebLinkAboutAG RPTS 2006 0221 PC SPCResolution No. PC- 2006 -496
PLANNING COMMISSION
SPECIAL MEETING AGENDA
TUESDAY — FEBRUARY 21, 2006
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
6. CONSENT CALENDAR:
A. Regular Meeting Minutes of January 24, 2006.
7. PUBLIC COMMENTS:
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Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it
is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or 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 Discussion items prior to the beginning of the first item of the 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 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 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 517 -6233.
Planning Commission Special Agenda
February 21, 2006
Page No. 2
8. PUBLIC HEARINGS:
(next Resolution No. 2006 -496)
A. Consider Conditional Use Permit No. 2005 -07, a Reauest to Install a
Wireless Telecommunications Facility Attached to an Existing One -
Hundred- Twenty- Seven -Foot (127') Tall Southern California Edison
Tower, Consisting of Twelve (12) Panel Antennas, One (1) Parobolic
Antenna, Two (2) GPS Antennas, and a Ground - mounted Equipment
Shelter (Sprint Nextel) (Staff: Richard Denniston)
Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing and 2) Adopt Resolution No. PC-
2006- approving Conditional Use Permit No. 2005 -07, subject to
conditions.
9. DISCUSSION ITEMS:
A. Consider Appeal of CDD Decision on Commercial Planned Development
Permit No. 2005 -05: Conditional Use Permit No. 2005 -06 Dog Wellness
Center (Staff: Joseph Vacca) No Agenda Report
Staff Recommendation: Remove this item from the Agenda.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. February 28, 2006
• Cancelled due to North Park Village Election
B. March 28, 2006
• Downtown Specific Plan Amendments
11. ADJOURNMENT:
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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 11).
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Planning Commission, City of Moorpark, California
Minutes of January 24, 2006 Regular Meeting
ITEM: 6.A.
Paae 1
1 The Regular meeting of the Planning Commission was held on January 24, 2006, in the
2 City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark,
3 California; 93021.
4 1. CALL TO ORDER:
5 Chair Pozza called the meeting to order at 7:08 p.m.
6 2. PLEDGE OF ALLEGIANCE:
7 Chair Pozza led the Pledge of Allegiance.
8 3. ROLL CALL:
9 Present: Commissioners Landis and Taillon, Vice Chair
10 Peskay and Chair Pozza
11 Absent: Commissioner DiCecco
12 Staff Present: David Bobardt, Planning Manager; Yugal Lall, City
13 Engineer /Public Works Director; Teddy Okoye,
14 Assistant City Engineer; Laura Stringer,
15 Administrative Services Manager; and Gail Rice,
16 Administrative Assistant.
17 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
18 A. Consider Selection of Chair and Vice Chair
19 Staff Recommendation: 1) Open the floor to nominations for a Chair; 2)
20 Once sufficient nominations have been made, close the nominations and
21 vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once
22 sufficient nominations have been made, close the nominations and vote.
23 Ms. Stringer gave the staff report.
24 Chair Pozza nominated Kipp Landis as Chair. No further nominations were
25 received.
26 (Commissioner Landis was selected as Chair with a unanimous 4:0 voice vote;
27 Commissioner DiCecco absent.)
28 Chair Landis nominated Commissioner Taillon as Vice Chair. No further
29 nominations were received.
30 Commissioner Taillon was selected as Vice Chair with a unanimous 4:0 voice
31 vote; Commissioner DiCecco absent.)
OC, )OL A
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Planning Commission, City of Moorpark, California
Minutes of January 24, 2006 Regular Meeting
Paqe 2
1 There was a five minute recess to re -seat the Commission.
2 Chair Landis called the meeting back to order at 7:18 p.m.
3 5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
4 None.
5 6. CONSENT CALENDAR:
6 A. Regular Meeting Minutes of November 22, 2005.
7 Commissioner Peskay noted that the consensus of the Commission should
8 include reference to "non- refrigerated" premium malt liquor and beers.
9 MOTION: Commissioner Peskay moved and Vice Chair Taillon seconded a
10 motion to approve the regular meeting minutes of November 22, 2005, as
11 amended, to include non - refrigerated premium malt liquor and beers.
12 (Unanimous 4:0 voice vote; Commissioner DiCecco absent.)
13 7. PUBLIC COMMENTS
14 Michael Liacko, stated his concerns for the water tanks that will be placed in the
15 Meridian Hills (William Lyon Homes — Tract 5187) development and requested
16 staff work with the developer to better screen them from the view of the Toll
17 Brothers project residents and people who use the Moorpark Country Club.
18 8. PUBLIC HEARINGS:
19 (next Resolution No. 2006 -495)
20 A. Consider General Plan Amendment No. 2004 -05, Zone Change No. 2004-
21 04, and Residential Planned Development No. 2004 -06 to Allow
22 Construction of 200 Apartments on Approximately 10.57 Acres South of
23 Casey Road and West of Walnut Canyon Road on the Application of
24 Essex Portfolio, L.P. (Continued from November 22, 2005 meeting)
25 Staff Recommendation: Close the public hearing, take the agenda item off
26 calendar, and direct staff to advertise and notice a new public hearing for
27 this project when the project is ready for Planning Commission review.
28 Mr. Bobardt gave the staff report.
29 The Commission had no questions of staff.
30 Mr. Bobardt stated there were no speaker cards and no written statement cards.
31 The Commission had no discussion on the item.
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Planning Commission, City of Moorpark, California
Minutes of January 24, 2006 Regular Meeting
1 MOTION: Commissioner Peskay moved and Commissioner Taillon seconded a
2 motion to approve staff recommendation and remove the item from the calendar.
3 The motion carried by unanimous 4 :0 voice vote; Commissioner DiCecco absent.
4 9. DISCUSSION ITEMS-
5 A. Consider Resolution Finding the Vacation of a Certain Segment of
6 Magnolia Street to be in Conformance with the Moorpark General Plan.
7 Staff Recommendation: Adopt the attached Planning Commission
8 Resolution (Exhibit 3) finding the vacation of the above described segment
9 of Magnolia Street to be in conformity with the Moorpark General Plan.
10 Mr. Lall gave the staff report.
11 The Commission questioned staff on the need for two public parks within two
12 blocks of each other and whether the Ventura County Fire Department had
13 concerns with access to their building on High Street after Magnolia Street was
14 closed.
15 MOTION: Vice Chair Taillon moved and Commissioner Peskay seconded a
16 motion to accept staff recommendation to adopt Resolution No. PC- 2006 -495.
17 The motion carried with a unanimous 4:0 voice vote; Commissioner DiCecco
18 absent.
19 B. Consider the Draft Seven Year Capital Improvement Program (CIP) for
20 Streets and Roads for FY 2005/06 — FY 2011/12
21 Staff Recommendation: Find the subject draft Seven Year Capital
22 Improvement Program for Streets and Roads to be in conformity with the
23 Moorpark General Plan, except as noted above.
24 Mr. Lall gave the staff report.
25 The Commission questioned staff on the comparison of the 2005/06 report to the
26 2004/05 report and the escalating price for construction.
27 MOTION: Commissioner Pozza moved and Vice Chair Taillon seconded a
28 motion to approved staff recommendation. Thee motion carried with a
29 unanimous 4:0 voice vote; Commissioner DiCecco absent.
30 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
31 A. February 21, 2006
32 • Possible Special Meeting
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Planning Commission, City of Moorpark, California
Minutes of January 24, 2006 Regular Meeting
1 B. February 28, 2006
2 • To be cancelled due to North Park Village Election
3 Mr. Bobardt stated there may be a need for a special meeting on February 21,
4 due to the cancellation of the February 28, 2006 meeting.
5 11. ADJOURNMENT:
6 Commissioner Pozza moved and Commissioner Peskay seconded the motion to
7 adjourn the meeting at 7:31 p.m.
8
9 Kipp A. Landis, Chair
10 ATTEST:
11
12
Barry K. Hogan, Community Development Director
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ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community De a ment Directo
BY: Joseph Fiss, Principal Planner
Richard S. Denniston, Assistan ner(J:]:`p' -
DATE: February 2, 2006 (PC Special Meeting of 2121/06)
SUBJECT: Consider Conditional Use Permit No. 2005 -07, a Request to Install a
Wireless Telecommunications Facility Attached to an Existing One -
Hundred- Twenty- Seven -Foot (127') Tall Southern California Edison
Tower, Consisting of Twelve (12) Panel Antennas, One (1) Parobolic
Antenna, Two (2) GPS Antennas, and a Ground - mounted Equipment
Shelter
BACKGROUND
On November 3, 2005, Sprint Nextel, Inc., submitted a Conditional Use Permit (CUP)
application for the construction and operation of a Sprint Nextel Wireless communications
facility using an existing Southern California Edison (SCE) tower to support twelve (12)
proposed antenna panels. The project application was determined to be complete on
February 1, 2006.
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is on an SCE easement, located within the Moorpark Country Club Golf
course, approximately thirty -eight feet (38') east of the fourth golf tee. The property
includes high -power electrical transmission towers with lines running generally north to
south. Residences of the Moorpark Country Club Estates are located to the northeast,
approximately 2,900 feet (0.54 miles) away, and to the west approximately 1,500 feet (0.28
miles) away. The site is located approximately 1,800 feet (0.34 miles) south of
Championship Drive.
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Honorable Planning Commission
February 21, 2006
Page 2
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Site
OS (Open
OS (Open Space)
SCE High - Voltage
Space)
Transmission Right -of -Way
North
OS (Open
1 OS (Open Space)
SCE High - Voltage
Space)
Transmission Right -of -Way
South
OS (Open
OS (Open Space)
SCE High - Voltage
Space)
Transmission Right -of -Way .
East
OS (Open
OS (Open Space)
I Moorpark Country Club
i
Space)
Golf Course
II West
OS (Open
I. ( p
OS (Open Space)
� Moorpark Country Club II
Space)
j_ _ Golf Course ^ ^�
General Plan and Zoning Consistency:
Chapters 17.20 and 17.42 of the Municipal Code require a Conditional Use Permit for
wireless cellular facilities. The applicant's proposal for a utility- mounted facility is defined as
a "Minor Facility" and is allowed in the OS (Open Space) Zoning Classification. This type of
facility is required to be compatible with surrounding land uses, must be an attachment to
an existing above - ground structure and must comply with all other provisions of Sections
17.42.070.6, 17.42.070.C, and 17.42.070.D of the Municipal Code.
Proposed Project
Antennas:
This proposed wireless communication facility consists of twelve (12) panel antennas and a
two -foot (2') diameter microwave dish antenna mounted upon an existing SCE High Power
Transmission Tower via an approved SCE antenna mounting bracket. The proposed facility
will transmit signals between the panel antennas and the wireless telephones within the
coverage area. It will provide Sprint Nextel cellular coverage in the new residential
communities in the northern part of the City. The proposed panel antennas measure four
feet (4') in height, approximately eight inches (8 ") in width, and will have an antenna tip
height of thirty -two feet (32') above the adjacent grade. The proposed microwave dish will
be located on the north elevation of the SCE transmission tower with a top of dish height of
thirty -five feet (35) above the adjacent grade. Pursuant to City Code requirements, a
Minor Facility shall not exceed the maximum building height for the applicable zoning
district unless such facility receives approval of the Planning Commission, and the
applicant demonstrates that exceeding the height limitation is necessary for operation of
the facility. In this case, exceeding the proposed height limitation is not necessary, since
sufficient coverage can be met at the thirty -five foot (35) height limitation.
000 DoE:
Honorable Planning Commission
February 21, 2006
Page 3
Equipment Enclosure:
Sprint Nextel, Inc. also proposes to install an eleven- foot - six -inch (11' -6 ") wide by twenty
foot (20') long, above - ground equipment vault. All equipment necessary to operate the
facility will be housed in the vault. The vault would be located approximately one- hundred-
eighteen feet (118') northeast of the SCE tower and thirty -eight feet (38') from the golf cart
access path adjacent to the fourth tee. To further minimize visual impact, a Condition of
Approval has been added to this proposed facility that would require an underground
equipment vault. The applicant is also proposing a six foot (6) high chain -link fence
perimeter fence with an additional one foot (1') of barbed wire to prevent graffiti and other
acts of vandalism. Code Section 17.24.090 A. 3. states: "No barbed wire, razor -edge, or
similar type of fencing is permitted in R -zones or commercial zones, or on properties in M-
zones which abut or are across the street from R -zoned properties, if such fencing would
be visible from the R -zoned property or properties." The equipment enclosure and fencing
are discussed further under Aesthetics in the analysis section.
Compatibility with the Surrounding Area:
No materials used in construction of the site would create substantial glare that would
affect either daytime or nighttime views in the area. The proposed use is located in an
area that is not likely to impact any of the adjacent uses, due to its small size. Additionally,
staff has added a Condition of Approval that the color of the equipment shall be consistent
with the color of the existing utility pole (tan). Aesthetics are addressed further in the
analysis section.
The proposed cellular facility on the existing utility pole is considered a passive use, which
would not produce noise, not violate any air quality standards, affect biological resources,
or cause an adverse effect on cultural resources. It will require no transport of hazardous
materials to or from the site. Although the proposed use is designed to primarily serve the
existing Toll Brothers residential development and the previously approved William Lyon
residential development, it would not induce substantial population growth, nor displace
existing housing or have a negative impact on public services. Therefore, the utility
mounted cellular antenna facility operation will not disturb the surrounding area or be
harmful or detrimental to neighboring properties or uses.
Traffic and Parking:
The proposed unmanned communication facility generates a minimal amount of traffic
(only that necessary to periodically check the facility). The applicant's submittal information
indicates a Cell Site Technician will visit the facility an average of one (1) time per month.
The applicant is proposing a thirty -eight foot (38') long by ten foot (10') wide access road
that will be accessible from the existing golf cart access route. A condition of approval has
been added that the applicant shall obtain a permanent access agreement or contract
from the golf course to ensure accessibility to the site for maintenance. Such agreement or
Oof)oc,
Honorable Planning Commission
February 21, 2006
Page 4
contract shall be provided to the City of Moorpark prior to issuance of a Zoning Clearance
for construction.
ANALYSIS
Issues
Staff analysis of the proposed project has identified aesthetics as an issue area for
Planning Commission consideration in their decision.
Aesthetics:
Two (2) parallel 127 -foot high SCE towers are located on the project site, along with a
shorter metal- framed power structure and a wooden pole. This site is a considerable
distance from the nearest residences to the west and northeast. The antennas would be
located about one -third of the way up the western tower and would visually be a relatively
minor addition. To minimize the visibility of the antennas, a condition is proposed requiring
that the color of the antennas blend with the color of the existing SCE Tower (tan). The
equipment vault is proposed as a flat- roofed utilitarian structure on top of hill that is visible
from Championship Drive and the houses to the northeast. Although a considerable
distance from these houses, the natural appearance of this hill would be affected.
Therefore, a condition is proposed that the equipment be vaulted underground. This
condition has been required for other cellular facilities in Moorpark and has the added
benefit that security fencing (with the proposed barbed wire) is no longer necessary.
Currently, the Moorpark Park Country Club has a six -inch (6 ") reclaimed water line and a
four -inch (4 ") potable water line within the immediate vicinity of the proposed equipment
building location. Therefore, the equipment building location needs to be coordinated
carefully with the Moorpark Country Club prior to construction. As a cautionary measure,
staff has added a Condition of Approval requiring that the precise location of the water
lines be drawn on the site plan prior to the issuance of a Zoning Clearance.
Findings
Conditional Use Permit Findings:
A. The proposed use is consistent with the intent and provisions of the City's General
Plan, and Title 17 of the Municipal Code in that the proposed use, height, setbacks,
and improvements are consistent with City Code requirements.
B. The proposed use is compatible with the character of the surrounding development
in that the site is currently used by Southern California Edison for high power
electrical transmission lines and the use of utility poles has been designated by the
City as an appropriate location for the colocation of cellular sites.
C. The proposed use is compatible with the scale, visual character and design of the
surrounding properties, in that it is designed so as not to detract from the physical
00440("",
Honorable Planning Commission
February 21, 2006
Page 5
and visual quality of the area. The color of the antennas is conditioned to be
painted to blend in with the existing SCE structure.
D. The proposed use will not be obnoxious or harmful or impair the utility of the
neighboring properties or uses, in that the proposed use is designed to blend in with
the colors of the terrain and the existing high power transmission line.
E. The proposed use will not be detrimental to the public interest, health, safety,
convenience, or welfare, in that the project has been conditioned to protect the
public's health and safety.
Wireless Facilities Findings:
A. The proposed facility will not create any significant blockage to public views, in that
the cellular facility will be placed on an existing electrical transmission tower.
B. The proposed facility will enhance communication services to the City in that it will
provide increased communication capabilities in the northern part of the City.
C. The proposed facility will be aesthetically integrated into its surrounding land uses
and natural environment, in that it is conditioned to be painted in a manner
consistent with the colors of the existing electrical transmission tower.
D. 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.
E. The proposed facility will operate in compliance with all other applicable Federal
regulations for such facilities, including safety regulations, as Sprint Nextel. Inc.
operates its wireless network in compliance with its FCC license and FCC rules and
regulations concerning frequency emissions and /or radio frequency interference.
The transmission densities emanating from the facility will not exceed current
American National Standards Institute (ANSI) recommended maximum exposure
levels for wireless transmission frequencies which do not have the potential to
significantly impact the community. In all cases, Effective Radiated Power (ERP),
and its associated electromagnetic (EM) radiation power densities are a small
fraction of the maximum permissible exposure set by ANSI, or the more restrictive
exposure standard put forth by the National Commission on Radiation Protection
and Measurement (NCRP).
F. The public need for the use of the facility has been documented by the applicant
and verified by City staff to be consistent with California law in that the proposed cell
site will provide a substantial increase in the coverage area (an increase from weak
coverage to good coverage in the target area).
G. The applicant will provide at its own expense a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic frequency
emissions. This radio - frequency (RF) report shall also include signal strength
Honorable Planning Commission
February 21, 2006
Page 6
exhibits, including calculations and measurements under maximum loading
conditions. Such field survey shall be provided to the City upon request, not to
exceed one such request in any 24 -month period.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation cannot be readily identified, an
Environmental Impact Report (EIR) is prepared.
Pursuant to California State law, an evaluation has been conducted to determine whether
the proposed project could significantly affect the environment. It has been found that the
project is Categorically Exempt under Section 15303, Class 3, New Construction or
Conversion of Small Structures.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Deemed Complete: February 1, 2006
Planning Commission Action Deadline: April 1, 2006
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Honorable Planning Commission
February 21, 2006
Page 7
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC- 2006 -
subject to conditions.
ATTACHMENTS:
1. Site Plan
2. Aerial Photograph
3. Location Map
4. Draft Resolution No. PC -2006-
approving Conditional Use Permit No. 2005 -07,
with Conditions of Approval
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RESOLUTION NO. PC -2006-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2005 -07 FOR THE
CONSTRUCTION OF A WIRELESS COMMUNICATIONS
FACILITY ON AN EXISTING SOUTHERN CALIFORNIA EDISON
(SCE) UTILITY TOWER, LOCATED WITHIN THE MOORPARK
COUNTRY CLUB GOLF COURSE ADJACENT TO THE FOURTH
GOLF TEE
WHEREAS, at a duly noticed public hearing, at a special meeting on February
21, 2006, the Planning Commission considered Conditional Use Permit No. 2005 -07, on
the application of Sprint Nextel, Inc, requesting approval of a wireless communication
facility on a Southern California Edison (SCE) utility tower, located within the Moorpark
Country Club Golf Course approximately thirty -eight (38) feet east of the fourth golf tee;
and
WHEREAS, at its special meeting of February 21, 2006, 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; and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15303 as a Class 3 exemption for New Construction or
Conversion of Small Structures.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth above, it is determined that this application with the attached
special and standard conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.44.040 in that:
A. The proposed use is consistent with the intent and provisions of the City's
General Plan, and Title 17 of the Municipal Code in that the proposed use,
height, setbacks, and improvements are consistent with City Code requirements.
B. The proposed use is compatible with the character of the surrounding
development in that the site is currently used by Southern California Edison for
high power electrical transmission lines and the use of utility poles has been
designated by the City as an appropriate location for the coloration of cellular
sites.
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PC ATTACHMENT 4 0cot-10�
Resolution No. PC -2006-
Page 2
C. The proposed use is compatible with the scale, visual character and design of
the surrounding properties, in that it is designed so as not to detract from the
physical and visual quality of the area. The color of the antennas is conditioned
to be painted to blend in with the existing SCE structure.
D. The proposed use will not be obnoxious or harmful or impair the utility of the
neighboring properties or uses, in that the proposed use is designed to blend in
with the colors of the terrain and the existing high power transmission line.
E. The proposed use will not be detrimental to the public interest, health, safety,
convenience, or welfare, in that the project has been conditioned to protect the
public's health and safety.
SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the
information set forth above, it is determined that this application with the attached
special and standard conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.42.060 in that:
A. The proposed facility will not create any significant blockage to public views, in
that the cellular facility will be placed on an existing electrical transmission tower.
B. The proposed facility will enhance communication services to the City in that it
will provide increased communication capabilities in the northern part of the City.
C. The proposed facility will be aesthetically integrated into its surrounding land
uses and natural environment, in that it is conditioned to be painted in a manner
consistent with the colors of the existing electrical transmission tower.
D. 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.
E. The proposed facility will operate in compliance with all other applicable Federal
regulations for such facilities, including safety regulations, as Sprint Nextel. Inc.
operates its wireless network in compliance with its FCC license and FCC rules
and regulations concerning frequency emissions and /or radio frequency
interference. The transmission densities emanating from the facility will not
exceed current American National Standards Institute (ANSI) recommended
maximum exposure levels for wireless transmission frequencies which do not
have the potential to significantly impact the community. In all cases, Effective
Radiated Power (ERP), and its associated electromagnetic (EM) radiation power
densities are a small fraction of the maximum permissible exposure set by ANSI,
or the more restrictive exposure standard put forth by the National Commission
on Radiation Protection and Measurement (NCRP).
F. The public need for the use of the facility has been documented by the applicant
and verified by City staff to be consistent with California law in that the proposed
cell site will provide a substantial increase in the coverage area (an increase from
weak coverage to good coverage in the target area).
00630 ..
Resolution No. PC -2006-
Page 3
G. The applicant will provide at its own expense a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one such request in any 24 -month period.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2005 -07 subject to the Special
and Standard Conditions of Approval found in Exhibit A attached.
SECTION 4. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 21st day of February, 2006.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A: Special and Standard Conditions of Approval
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Resolution No. PC -2006-
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EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2005 -07
SPECIAL CONDITIONS
1. The applicant shall allow the City to co- locate a radio antenna on the structure
and place associated equipment and electronics within or on the equipment
enclosure, at no cost, so long as this is done for City purposes at the expense of
the City, there is no interference with the operation of the primary equipment, and
that security and access are feasible.
2. Prior to approval of a Zoning Clearance, the antenna shall be designed to ensure
that the visual appearance matches the surrounding uses by including design
and /or landscaping elements, as determined by the Community Development
Director. The Director may require additional screening after the installation of
the antenna, if it is deemed necessary.
3. In the event that a future merger, acquisition, or other action renders this antenna
array redundant or unnecessary, the applicant shall remove the facility within
ninety (90) days of a determination of redundancy or non - necessity. Propagation
maps identifying then - current signal coverage and coverage without this facility
shall be provided to the City at the request of the Community Development
Director. Such request may occur not more than once in a twelve (12) month
period.
4. Prior to the finalization of building permits, the applicant shall paint all panel
antennas, parabolic antenna(s), microwave dish(es), and any other exposed
Sprint Nextel cellular equipment to match the color of the existing Southern
California Edison transmission tower to the satisfaction of the Community
Development Director.
5. All equipment necessary for the operation of the telecommunication facility shall
be located in an underground vault.
6. Prior to the issuance of a Zoning Clearance, the applicant shall conspicuously
show both the reclaimed and potable water lines for the Moorpark Country Club
Golf Course on the site plan to the satisfaction of the Community Development
Director.
7. Prior to issuance of a Zoning Clearance for construction, the applicant shall
obtain a permanent access agreement or contract from the golf course to ensure
accessibility to the site for maintenance. Proof of such agreement or contract
shall be provided to the City of Moorpark.
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Resolution No. PC -2006-
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STANDARD CONDITIONS
1. Acceptance of Conditions: The applicant's acceptance of this permit and /or
commencement of construction and /or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
2. This permit shall expire one (1) year from the date of its approval, unless a
building permit has been obtained and construction inaugurated. The Community
Development Director may, at his /her discretion, grant up to two (2) additional 1-
year extensions, if there have been no changes in the adjacent areas and if the
applicant can document that he /she has diligently worked towards obtaining
building permits or inaugurating construction. The request for extension of this
permit shall be made in writing, at least thirty (30) days prior to the expiration
date of the permit.
3. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted City policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
4. Conditions of this entitlement shall not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
5. If any architectural or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall cease in the immediate area and the
find shall be left untouched. The applicant shall assure the preservation of the
site and immediately contact the Community Development Director, informing the
Director of the find. The applicant shall be required to obtain the services of a
qualified paleontologist or archeologist, whichever is appropriate to recommend
disposition of the site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The applicant shall pay for all
costs associated with the investigation and disposition of the find.
6. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37.
The City will promptly notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should fail to cooperate fully in
the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
Resolution No. PC -2006-
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The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
7. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
8. Applicant shall conform to all National Pollutant Discharge Elimination System
(NPDES) requirements during and after completion of the project.
9. No excavations shall be commenced unless the work can be completed before
any rain falls. Which means the materials, equipment and manpower shall be
procured and ready to commence the work before the excavation begins. In the
event the work is interrupted with rainfall, all excavated areas shall be completely
covered with visqueen and secured with gravel bags so that no mud is generated
from the work area and allowed to leave the work area.
10. All work shall cease when there is a forth percent (40 %) chance of rain or when
rainfall is imminent, whichever is more stringent and the site secured, as noted.
11. No work shall commence after a rainstorm until the ground has dried sufficiently
so that no materials are transported off the site by workers or work equipment.
12. No work equipment, vehicles or materials shall be stockpiled or left in the public
rig ht -of -way.
13. Any work within the public right -of -way requires an encroachment permit.
14. No work shall be performed before 7:00 A.M. and after 7:00 P.M., Monday
through Friday, and by permission work can be done between 8 :00 A.M. and
5:00 P.M. on Saturday. No work shall be done on Sunday.
15. Deliveries of oversized loads require a city permit.
FEES
16. Entitlement Processing: Prior to the acceptance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading permit, the
applicant shall submit to the Community Development Director, all outstanding
entitlement case processing fees including all applicable city legal service fees.
This payment shall be made within sixty (60) calendar days of approval of this
permit.
17. Capital Improvements, Facilities, and Processing: Prior to the issuance of a
Zoning Clearance for grading the applicant shall submit to the Community
Development Director the capital improvement, development, and processing
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Resolution No. PC -2006-
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fees at the current rate in effect. Said fees include but are not limited to Library
Facilities, Police Facilities, Fire Facilities, entitlement processing, building and
public improvement, plan checks and permits. Unless specifically exempted by
City Council, the applicant is subject to all fees imposed by the City as of the
issuance of the first permit for construction and such future fees imposed, as
determined by the City in its sole discretion, so long as said fee is imposed on
similarly situated properties.
18. Electronic Conversion: Prior to or concurrently with the approval of the Final
Map, the applicant shall submit to the City Engineer and the Building Official the
City's electronic image conversion fee for the Final Map /improvement plans and
building permit/plans or other plans, as determined by the Community
Development Department.
19. Condition Compliance: Prior to the issuance of any Zoning Clearance for
construction, the applicant shall submit to the Community Development
Department the Condition Compliance review fee.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
OPERATIONAL CHARACTERISTICS
20. Prior to the issuance of a Zoning Clearance for construction, the applicant shall
submit all construction plans for review and approval by the Planning Division.
21. This facility is approved as an unmanned operation. Following construction of
the facility, traffic generated by this use shall be limited to periodic and
emergency maintenance of the facility.
LANDSCAPING
22. Prior to operation of the use, the applicant shall replace at the applicant's
expense, any vegetation or landscaping removed or damaged as a result of the
installation or operation of this facility. The replacement shall be to the
satisfaction of the Community Development Director.
23. Prior to the issuance of a Zoning Clearance for construction, a Landscape Plan
shall be submitted to the Planning Division for review and approval by the
Community Development Director. The applicant shall pay any cost of
landscape plan review at the time of submittal. Landscaping shall be provided to
screen any equipment associated with this communications facility.
24. In the event that the uses for which this Conditional Use Permit are approved, is
determined to be abandoned, the City of Moorpark may, at its discretion, initiate
revocation procedures for cause per the provisions of Section 17.44.080. For
purposes of this condition, "abandoned" shall mean a cessation of a business or
businesses which would render the use unavailable to the public for a period of
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Resolution No. PC -2006-
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180 or more consecutive days. Initiation of revocation procedures may result in
the revocation of the permit or modification of the permit, based upon the
evidence presented at the hearing. A surety, in an amount subject to the review
and approval of the Community Development Director, shall be provided to the
City prior to the approval of a Zoning Clearance for construction, to guarantee
removal of equipment and structures, if the City determines the facility to be
abandoned and /or a public nuisance.
25. Removal or relocation of any and all of the facilities shall be at the facility owner's
expense, and at no cost to the City. Should the facility be removed or relocated
by the City, the facility owner hereby waives any claims, damage, or loss
(including, but not limited to, consequential damages) resulting from the city's
removal or relocation of the facility.
26. The applicant will provide, at its expense, a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one (1) such request in any 24 -month period.
27. The facility shall be removed at the owner's expense when a City- approved
project requires relocation or under grounding of the utility structure on which the
facility is mounted. If the facility owner refuses to remove the facility, the owner
shall reimburse the City for city costs and expenses to remove the facility. The
applicant waives any claims, damage, or loss (including, but not limited to,
consequential damages) resulting from the City's removal or relocation of the
facility.
Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
28. Prior to the issuance of a grading permit or building permit, whichever occurs
first, proof of the right to ingress and egress shall be obtained from adjacent
property owner and provided to the City Engineer. Prior to any grading or
drainage activity a Grading and /or Drainage Plan shall be prepared and
submitted to the City Engineer for review and approval. No grading or drainage
work shall occur without a grading permit and /or the permission of the City
Engineer.
29. In the event that existing drainage patterns are affected by this project, the
applicant shall adhere to all Federal Emergency Management Agency (FEMA)
regulations and requirements. Prior to the issuance of a grading permit, all
necessary calculations shall be submitted to the City and any governing Federal
agency for review and approval.
-End-
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