HomeMy WebLinkAboutAG RPTS 2008 0624 PC REGPLANNING COMMISSION
REGULAR MEETING AGENDA
June 24, 2008
7:00 P.M.
Resolution No. 2008 -532
Moorpark Community Center 799 Moorpark Avenue
CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Planners Institute: March 26 — March 28, 2008
B. Future Agenda Items: August 26, 2008
i. Digital General Plan and Zoning Maps
ii. Conditional Use Permit (CUP) for National Ready Mix
All writings and documents provided to the majority of the Commission regarding all agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Commission meetings is also available on the City's
website at www.ci.moorpark.ca.us.
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; for a Discussion item, prior to the Chair's call
for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of
each Public Hearing, or beginning of public testimony for a continued 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. Any questions
concerning any agenda item may be directed to the Community Development/Planning office at 517 -6233.
Regular Planning Commission Meeting Agenda
April 22, 2008
Page 2
8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -532)
A. Consider Conditional Use Permit No. 2008 -02 a Request to Install a
Wireless Communications Facility at 12778 Tierra Rejada Road on the
Application of Omnipoint Communications, Inc. Staff Recommendation: 1)
Open the public hearing, accept public testimony and close the public
hearing; 2) Adopt Resolution No. PC -2008- , approving Conditional
Use Permit No. 2008 -02, subject to conditions. (Staff: Freddy Carrillo)
9. DISCUSSION ITEMS:
A. Consider Cancellation of the October 28, 2008 Regular Meeting. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
the October 28, 2008 regular meeting. (Staff: David Bobardt)
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of April 22, 2008. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Minutes of the Joint Meeting of the City Council
and Planning Commission Meeting of April 23, 2008. Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, including auxiliary aids or services, please contact the Community Development Department at
(805) 517 -6233. Upon request, the agenda can be made available in appropriate alternative formats to
persons with a disability. Any request for disability- related modification or accommodation should be made
at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements
can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA Title II).
SACommunity Development \COMMISSION\AGENDA\2008 \08 0624_agn.doe
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Blanca Garza, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, June
24, 2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on June 19, 2008,
at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 19, 2008.
lbtaW ,-
Blanca Garza, Deputy City Clerk
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director Juty Prepared by Freddy A. Carrillo, Com Development Technician
DATE: June 16, 2008 (PC Meeting of 6/2412008)
SUBJECT: Consider Conditional Use Permit No. 2008 -02, a Request to Install a
Wireless Communications Facility at 12778 Tierra Rejada Road on the
Application of Omnipoint Communications, Inc.
BACKGROUND
On March 24, 2008, an application was filed by Scott Dunaway, of Omnipoint
Communications, Inc for Conditional Use Permit (CUP) No. 2008 -02, to install a wireless
communication facility consisting of twelve (12) panel antennas at a height of fifty -five (55')
feet, and one (1) two (2') foot diameter microwave antenna mounted at a height of forty
(40') feet, on an existing seventy -five foot (75') high Southern California Edison (SCE)
transmission pole and installation of a twelve foot (12') wide by eighteen foot (18') long,
twenty foot (20') deep underground mechanical equipment vault, located at 12778 Tierra
Rejada Road, approximately 375' feet south of Tierra Rejada Road between Walnut Creek
Road and Brookhurst Court.
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is on an SCE electrical transmission right -of -way, located on a hill within
the Mountain Meadows community. The wireless facility is proposed to be installed on an
existing seventy -five foot (75') tall, high voltage electrical transmission tower with lines
running from north to south over the property in the Open Space (OS) zone. The
transmission tower is approximately 630 feet west of Hunters Grove Court and 281 feet
east of Camden Court, where single - family residential properties are located on both sides
of the project site.
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Honorable Planning Commission
June 24, 2008
Page 2
Previous Applications:
On April 6, 2004, the Planning Commission approved CUP No. 2003 -03 for the installation
of a wireless communication facility consisting twelve (12) antennas on the same SCE
transmission pole, including the installation of a twelve foot (12') wide by eighteen feet (18')
long underground vault to house the mechanical equipment. Modification No. 1 to this
project, to increase the diameter of microwave dishes, and to allow additional grading, was
approved by the Planning Commission on September 27, 2005. This project was not
constructed, and the entitlement expired one year later, on September 27, 2006.
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
SCE High - Voltage
Site
Open Space 2
Open Space
Transmission Ri hc� t-of_
Way
SCE High- Voltage
Transmission Ri hcL t -of-
North
Open Space 2
Open Space
Wav
SCE High - Voltage
South
Open Space 2
Open Space
Transmission Right -of-
Way
Medium Low
Residential
East
Density
Planned
Single Family Homes
Residential
Development
West
Low Density
Residential
Residential
Planned
Development
Single Family Homes
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 75 -foot tall SCE
Electrical 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 T- Mobile cellular coverage in the
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June 24, 2008
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surrounding residential community. The proposed panel antennas measure 54 inches in
height, and are approximately twelve inches (12 ") in width, and are proposed to have a
maximum height of 55 feet above the adjacent grade. The microwave dish is proposed to
be located on the west elevation of the SCE transmission tower with a top of dish height of
40 feet 6 inches above the adjacent grade. In the Open Space Zone, there is a maximum
allowable height of 35 feet; however, a utility mounted facility such as this may exceed the
maximum building height limit, if approved by the Planning Commission. The applicant has
indicated that a 20 -foot height reduction would significantly reduce the coverage footprint
for this installation. The typical antenna height for most T- Mobile installations is fifty -one
feet (51'), which gives a coverage radius of approximately three (3) miles. If the antenna
was lowered this would significantly impact the coverage objective. The lower the antenna
height, more sites are required to cover a certain area. Additionally vertical and horizontal
separation must be maintained from the existing set of antennas on the adjacent pole. This
separation is required so that interference is not created for multiple carriers.
Equipment Enclosure:
The applicant also proposes to lease an area to accommodate a twelve foot (12') wide,
eighteen foot (18') long, and eighteen foot (18') deep underground vault, located ten feet
(10') away from the west side property line and approximately forty -two feet (42') away
from the east side property line. The vault will be fifty -seven feet (57') away from the SCE
transmission pole. All equipment necessary to operate the facility will be located within the
underground vault including four (4) radio transceiver base units and battery cabinets, and
a/c unit. The equipment will operate on a 24 -hour, 7 -day a week remote sensing basis.
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.
Parking:
The proposed communication facility would generate a minimal amount of traffic (only that
necessary to periodically check the facility). An existing dirt road is located in the property
will be used by a Cell Site Technician who will visit the facility an average of once a month.
During routine maintenance, the site can be accessed from Tierra Rejada Road. No
parking facilities are required by the Zoning Code for this type of facility.
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Honorable Planning Commission
June 24, 2008
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ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration in their decision:
Aesthetics:
An adjacent tower on the subject site is currently used for one other wireless
communication facility. The site is situated in such a way as to offer "line of sight" visibility
to a large portion of the city, making it desirable to cellular service providers. The proposed
communications facility would also blend with the existing SCE towers on site, so as to
remain generally obscured from the public view. The underground equipment vault will not
be visible from off -site. A condition of approval has been added to ensure the antennas
match the color of the existing SCE transmission pole.
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 collocation 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
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.
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Honorable Planning Commission
June 24, 2008
Page 5
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
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.
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 Determined Complete: May 23, 2008
Planning Commission Action Deadline: August 21, 2008
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Honorable Planning Commission
June 24, 2008
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ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Planning 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 can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15303 (Class 3: New Construction or Conversion of Small
Structures) of the California Code of Regulations (CEQA Guidelines). No further
environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008- , approving Conditional Use Permit No. 2008-
02, subject to conditions.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. 1000' Feet Radius Map
B. Site Plan
C. Equipment/Antenna Layout
D. Elevations
E. Facilities Owned /Operated by T- Mobile with Areas to be Served
4. Draft Resolution No. PC -2008- with Conditions of Approval
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Location Map
Conditional Use Permit No. 2008 -02
12778 Tierra Rejada (Southern California Edison)
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PROJECT EXHIBITS
1000' Feet Radius Map
(under separate cover)
PC ATTACHMENT 3.A.
000009
PROJECT EXHIBITS
Site Plan
(under separate cover)
PC ATTACHMENT 3.13.
000010
PROJECT EXHIBITS
Equipment /Antenna Layout
(under separate cover)
PC ATTACHMENT 3.C.
000011
PROJECT EXHIBITS
Elevations
(under separate cover)
PC ATTACHMENT 3.13.
000012
PROJECT EXHIBITS
Facilities Owned /Operated by
T- Mobile with Areas to be Served
(under separate cover)
PC ATTACHMENT 3.E.
000013
RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2008 -02, A REQUEST TO
INSTALL A WIRELESS COMMUNICATIONS FACILITY AT 12778
TIERRA REJADA ROAD ON THE APPLICATION OF OMNIPOINT
COMMUNICATIONS, INC.
WHEREAS, at a duly noticed public hearing on June 24, 2008, the Planning
Commission considered Conditional Use Permit (CUP) No. 2008 -02 on the application
of Omnipoint Communications to install a wireless communications facility consisting of
12 panel antennas at a height of 55 feet, and a 2 foot diameter microwave antenna
mounted at a height of 40 feet, on an existing 75 foot high Southern California Edison
high voltage transmission pole, and installation of an with an underground equipment
vault, located at 12778 Tierra Rejada road approximately 375' feet south of TIERRA
REJADA Road . ; and
WHEREAS, at its meeting of June 24, 2008 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 reached a decision on this
matter; and
WHEREAS, the Planning Commission concurs with the Planning 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 in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
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
PC ATTACHMENT 4
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Resolution No. PC -2008-
Page 2
designated by the City as an appropriate location for the collocation 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 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).
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Resolution No. PC -2008-
Page 3
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 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. 2008 -02 subject to the Special
and Standard Conditions of Approval found in Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Planning Director 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 24TH day of June, 2008.
Robert Peskay, Chair
David A. Bobardt
Planning Director
Exhibit A: Special and Standard Conditions of Approval
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Resolution No. PC -2008-
Page 4
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2008 -02
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 Planning 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 Planning 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 T-
Mobile cellular equipment to match the color of the existing Southern California
Edison transmission tower to the satisfaction of the Planning Director.
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 Planning
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
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Resolution No. PC -2008-
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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 Planning 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 Planning 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:
i . The City bears its own attorney fees and costs;
i i . 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
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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
right -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 Planning 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 Planning Director
the capital improvement, development, and processing 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.
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Resolution No. PC -2008-
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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 Planning 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
Planning 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 under this Conditional Use Permit are 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 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 Planning 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
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Resolution No. PC -2008-
Page 8
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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ITEM: 9.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David Bobardt, Planning Director
DATE: June 16, 2008 (PC Meeting of 6/24/2008)
SUBJECT: Consider Cancellation of the October 28, 2008 Regular Meeting
BACKGROUND AND DISCUSSION
To promote accessibility to County government, the Board of Supervisors has been holding
some of their meetings in locations other than the County Government Center. On
October 28, 2008, the Ventura County Board of Supervisors is planning on meeting at
Moorpark City Hall at 6:00 PM. To avoid a conflict with this meeting, staff recommends
cancellation of the Planning Commission meeting for this date.
STAFF RECOMMENDATION
Direct staff to post a notice of meeting cancellation for the October 28, 2008 regular
meeting.
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ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark California April 22, 2008
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
April 22, 2008, in the Council Chambers of said City located at 799 Moorpark Avenue;
Moorpark, California.
1. CALL TO ORDER:
Chair Peskay called the meeting to order at 7:08 p.m.
2. PLEDGE OF ALLEGIANCE:
Vice Chair Hamous led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Di Cecco, Landis, Taillon, Vice
Chair Hamous, and Chair Peskay.
Staff Present: David Bobardt, Planning Director; Dave Klotzle, Assistant
City Engineer; Joseph Fiss, Principal Planner; and Joyce
Figueroa, Administrative Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Commission, to hear Item 9.A. from
Discussion Items prior to Public Hearings Item 8.A. upon the request of the Planning
Director.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Special Joint Meeting with City Council on April 23, 2008, at 7:45 p.m.
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Minutes of the Planning Commission
Moorpark California Page 2 April 22, 2008
B. May 27, 2008 Planning Commission Meeting: CUP No. 2008 -02 (T-
Mobile).
Mr. Bobardt briefly discussed announcements and future agenda items.
AT THIS POINT in the meeting Item 9.A. was heard.
9. DISCUSSION ITEMS:
A. Consider the Draft Seven Year Capital Improvement Program (CIP) for
Streets and Roads for FY 2007/08 — FY 2013/14 Staff Recommendation:
Find the subject draft Seven Year Capital Improvement Program for
Streets and Roads to be in conformity with the Moorpark General Plan.
(Staff: Dave Klotzle)
Mr. Bobardt gave the staff report.
A discussion followed among Commissioners and staff regarding sidewalk
improvements on Walnut Canyon, additional parking in the downtown area
for current and new merchants, and funding and anticipated completion
date of the projects.
MOTION: Commissioner Di Cecco moved and Commissioner Landis seconded a
motion to approve staff recommendation. The motion carried by unanimous
voice vote.
The City Council has final approval authority for this project.
AT THIS POINT in the meeting the Commission returned to the agenda as written.
8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -531)
A. Consider Conditional Use Permit (CUP) No. 2008 -01, a Request to Allow
a Full Service Restaurant and Sports Bar (Jekyll and Hyde's Restaurant)
with Sale and Service of Liquor, Including Beer and Wine (Type 47)
License with Proposed Hours of Operation from 6:00 A.M. to 2:00 A.M.,
Located at 75 — 79 High Street on the Application of Joe Zepeda Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC- 2008 -531
conditionally approving Conditional Use Permit No. 2008 -01. (Staff:
Joseph Fiss)
Mr. Fiss gave the staff report.
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Minutes of the Planning Commission
Moorpark California Page 3 April 22, 2008
A discussion followed among Commissioners and staff regarding parking,
reciprocal agreements for the property, additional security, exterior
advertising, and closure of the rear door.
Chair Peskay opened the Public Hearing.
Richard Gray, applicant, 75 High Street, Moorpark, California, spoke in
favor of the project and stated he was available for questions.
Bill Amador, Whittle Architects, 17 East High Street, Moorpark, California
spoke in favor of the project and stated he was available for questions.
Chair Peskay closed the Public Hearing.
MOTION: Commissioner Taillon moved and Commissioner Di Cecco seconded a
motion to adopt Resolution No. PC- 2008 -531 approving Conditional Use Permit
(CUP) No. 2008 -01. The motion carried by unanimous voice vote.
The Planning Commission has final approval authority for this project.
9. DISCUSSION ITEMS:
B. Consider Schedulinq of a Summer Meeting Recess to Coordinate with
City Council Recess Staff Recommendation: Direct staff to post a notice of
meeting cancellation for the July 22, 2008 regular meeting. (Staff: David
Bobardt)
Mr. Bobardt gave the staff report.
MOTION: Vice Chair Hamous moved and Chair Taillon seconded a motion to
direct staff to post a notice of cancellation for the July 22, 2008 regular meeting.
The motion carried by unanimous voice vote.
10. CONSENT CALENDAR:
MOTION: Commissioner Landis moved and Vice Chair Hamous seconded a motion to
approve the Consent Calendar, as amended for corrections to the minutes of February
26, 2008. The motion carried by unanimous voice vote.
A. Consider Approval of the Regular Meeting Minutes of February 26, 2008.
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Minutes of the Planning Commission
Moorpark California Page 4 April 22, 2008
11. ADJOURNMENT:
MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was 7:35
P.m.
Robert Peskay, Chair
David A. Bobardt, Planning Director
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ITEM: 10.13.
MINUTES OF THE JOINT MEETING OF T HE
CITY COUNCIL AND PLANNING COMMISSION
Moorpark, California _ April 23, 2008
A Special Joint Meeting of the Moorpark
held on April 23, 2008, at 7:45 p.m. at the
Moorpark Avenue, Moorpark, California.
CALL TO ORDER:
City Council and Planning Commission was
Moorpark Community Center located at 799
Mayor Hunter called the City Council to order at 8:13 p.m.
2. THE PLEDGE OF ALLEGIANCE:
Barry Hogan, Deputy City Manager, led the Pledge of Allegiance.
3. ROLL CALL:
City Council: Councilmembers Mikos, Millhouse, Parvin, Van
Dam, and Mayor Hunter.
Planning Commissioners: Commissioners DiCecco, Hamous, Landis,
Taillon, and Chair Peskay.
Staff Present: Steven Kueny, City Manager; Barry Hogan,
Deputy City Manager; David Bobardt, Planning
Director; Deborah Traffenstedt, Administrative
Services Director /City Clerk; and Maureen
Benson, Assistant City Clerk.
4. PUBLIC COMMENT:
None.
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Mission Statement, Priorities, Goals and Ob *ectives for Fiscal
Year 2008/2009. Staff Recommendation: Direct staff as deemed
appropriate.
Mr. Bobardt highlighted the priorities, goals and objectives for the coming
year including: 1) Updates to the General Plan Land Use, Circulation,
Open Space Conservation and Recreation (OSCAR), Circulation and
Housing Elements; 2) Reformatting of Noise and Safety Elements to
Minutes of the City Council and
Planning Commission
Moorpark, California Page 2 April 23 2008
conform to same format of the updated Elements; and 3) Comprehensive
Zoning Ordinance Amendment to address standards and conditions.
The Council, Commission, and staff discussed: 1) Renewing efforts to
cause Caltrans to disguise or screen its former yard on Los Angeles
Avenue from view; 2) Status of withdrawal of Home Depot project and any
possible future protections to be included in development agreements; 3)
Designating Moorpark Avenue between Casey Road and Los Angeles
Avenue as an arterial street; 4) Status of Master Trail Plan, inspecting
physical condition of equestrian trails and connections throughout the City,
and in particular, impediments to equestrian trail connections or
equestrian trail use in and adjacent to Specific Plan No. 2 and within the
Moorpark Country Club Estates Project area; 5) Consideration for
modifying Potential Objective 43. due to physical constraints of connecting
Lassen Avenue to Moorpark Avenue at Third Street; 6) Decrease in
development fee income and need to promote new businesses and other
revenue sources; 7) Consideration for a canine park in a suitable location;
8) Promoting "green building" and involve Planning Commission in the
development of guidelines for the public; 9) Consider adding Potential
Objectives 40. and 41. to regular objectives which relate to green building;
and 10) Consider moving Potential Objectives Nos. 13, 25, 30, 33, 34, 44,
and 45. to the formal Goals and Objectives; and 11) Early involvement of
Arts Commission in project planning for potential placement of art pieces.
6. ADJOURNMENT:
Mayor Hunter adjourned the meeting at 8:59 p.m.
Patrick Hunter, Mayor
Robert Peskay, Chair
ATTEST:
Maureen Benson, Assistant City Clerk
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