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HomeMy WebLinkAboutRES PC 2005 0470 0222RESOLUTION NO. PC- 2005 -470 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2003 -01 LOCATED AT 7150 WALNUT CANYON ROAD, ON THE APPLICATION OF SYNERGY DEVELOPMENT SERVICES FOR CINGULAR WIRELESS (ASSESSOR PARCEL NO. 500 -0- 270 -130) WHEREAS, at a duly noticed public hearing on February 22, 2005, the Planning Commission considered Modification No. 1 to Conditional Use Permit (CUP) No. 2003 -01 on the application of Synergy Development Services for Cingular Wireless, for authorization to co- locate an antenna array on an existing ninety -two foot (92') high monopine wireless communication facility and construct associated facilities, including a 322 square -foot equipment building, located at the Ventura County Waterworks District #1 Maintenance Facility site at 7150 Walnut Canyon Road. (Assessor Parcel No. 500 -0- 270 -130); and WHEREAS, at its meeting of February 22, 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 proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for Construction of Small Structures. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the determination of the Community Development Director that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for Construction of Small Structures. SECTION 2. MODIFICATION 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 Sections 17.44.100(A)(2): Resolution No. PC- 2005 -470 Page 2 A. The proposed change to Conditional Use Permit No. fundamental change to the that the proposed antenna the height of the existi pole. the project approved under 2003 -01 is not a substantial or approved entitlement or use in panels would be located below ng antenna panels on the same B. The proposed change to the project would not have a substantial adverse impact on surrounding properties in that the project involves a minimal change to the appearance of an existing monopine antenna pole. C. The proposed change to the project would not change any of the findings contained in the environmental documentation prepared for Conditional Use Permit No. 2003 -01 in that the project only involves the construction of small structures and would be categorically exempt from environmental review under Section 15303 of the California Code of Regulations. SECTION 3. PLANNING COMMISSION ACTION: The Planning Commission hereby approves Modification No. 1 to Conditional Use Permit No. 2003 -01 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. 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. Resolution No. PC- 2005 -470 Page 3 The action of the foregoing direction was approved by the following vote: AYES: Commissioners DiCecco and Landis, Vice Chair Peskay and Chair Pozza NOES: ABSTAIN: ABSENT: Commissioner Taillon PASSED, AND ADOPTED this 22nd day of February, 2005. cott Pozza,V Chair ATTEST: J rH og n De el ment Director Exhibit A - Special and Standard Conditions of Approval Resolution No. PC- 2005 -470 Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2004 -03 SPECIAL CONDITIONS 1. The applicant shall allow the City to 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 antennas 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 trees or further enhancement of the monopine camouflage after the installation of the antennas, if additional screening 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. The equipment shelter shall be constructed of a non- combustible material. 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 Resolution No. PC- 2005 -470 Page 5 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 Resolution No. PC- 2005 -470 Page 6 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; 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 forty percent (400) 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 Resolution No. PC- 2005 -470 Page 7 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 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. Please contact the PLANNING DIVISION for compliance with the following conditions: Resolution No. PC- 2005 -470 Page 8 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 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, Resolution No. PC- 2005 -470 Page 9 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-