HomeMy WebLinkAboutRES PC 2005 0488 0927RESOLUTION NO. PC- 2005 -488
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO.
1 TO CONDITIONAL USE PERMIT NO. 2002 -03 AND
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO.
2003 -03 FOR WIRELESS FACILITIES LOCATED WITHIN THE
SOUTHERN CALIFORNIA EDISON PROPERTY, SOUTH OF
TIERRA REJADA ROAD AND SOUTHWEST OF BROOKHURST
COURT, ON THE APPLICATION OF INFRANEXT, INC. FOR
CINGULAR WIRELESS
WHEREAS, at a duly noticed public hearing on September 27,
2005, the Planning Commission considered Modification No. 1 to
Conditional Use Permit (CUP) No. 2002 -03 and Modification No. 1 to
Conditional Use Permit No. 2003 -03, on the application of
Infranext, Inc. for Cingular Wireless, to increase the size of two
microwave dishes to four (4) feet in diameter and for additional
grading for the construction of a wireless communication facility
located within the Southern California Edison property, south of
Tierra Rejada Road and southwest of Brookhurst Court.
WHEREAS, at its meeting of September 27, 2005, 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 application
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 California
Environmental Quality Act (CEQA) pursuant to Section 15303 as a
Class 3 exemption for the construction of new small structures or
facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. MODIFICATION FINDINGS: Based upon the information
set forth above, it is determined that this application with the
attached conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.44.100 (A)(2) in that:
A. The proposed changes to the projects approved under
Conditional Use Permit No. 2002 -03 and Conditional Use Permit
No. 2003 -03 are not substantial or fundamental changes to the
approved entitlements or uses in that locations and uses of
the projects have not changed.
B. The proposed changes to the projects would not have a
substantial adverse impact on surrounding properties in that
Resolution No. PC 2005 -488
Page 2
site will be restored to its original state after construction
has been completed.
C. The proposed changes to the projects would not change any of
the findings contained in the environmental documentation
prepared for Conditional Use Permit No. 2002 -03 and
Conditional Use Permit No. 2003 -03 in that the projects
involve the construction of small structures and would
continue to be categorically exempt from environmental review
under Section 15303 of the California Code of Regulations.
SECTION 2. PLANNING COMMISSION APPROVAL: The Planning
Commission hereby approves Modification No.1 to Conditional Use
Permit No. 2002 -03 and Modification No. 1 to Conditional Use Permit
No. 2003 -03 subject to the Special and Standard Conditions of
Approval included in Exhibit A (Special and Standard Conditions of
Approval), attached and incorporated herein by reference.
SECTION 3. 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 with the foregoing direction was approved by the
following roll call vote:
AYES: Commissioners Taillon, Landis, DiCecco, Vice Chair
Peskay, and Chair Pozza
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED THIS 27th day of September, 2005.
ATTEST:
B ry Hogan
C mmu ' y Dev o ent Director
Exhibit A: Conditions of Approval
Resolution No. PC 2005 -488
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2002 -03
AND
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2003 -03
1. These Modifications to Conditional Use Permit Nos. 2002 -03 and
2003 -03 are granted for the land and project as identified on
the entitlement application form and as shown on the approved
plot plans and elevations. The location and design of all site
improvements shall be as shown on the approved plot plans and
elevations, except or unless indicated otherwise, by
conditions within this resolution.
2. All conditions of approval of Resolution No. PC- 2003 -440 and
PC- 2003 -457 shall continue to apply unless modified by this
permit modification.
3. Prior to the issuance of a grading permit, a restoration plan,
including landscaping shall be submitted for review and
approval by the Community Development Director that shows the
area being graded for the temporary access road restored to
its pre - graded condition. An emphasis shall be placed on
native fire - resistant vegetation. The applicant shall post a
bond in an amount determined by the Community Development
Director and City Engineer to be sufficient to guarantee
restoration of the site.
4. Prior to the initiation of grading, a sign shall be posted on
the site with information on the grading and restoration to
the satisfaction of the Community Development Director.
5. Prior to approval of the final inspection of the grading
permit, the access road restoration shall be completed to the
satisfaction of the Community Development Director.
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