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HomeMy WebLinkAboutRES 1999 367 0412RESOLUTION NO. PC -99 -367 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 98 -5 ON THE APPLICATION OF AIR TOUCH CELLULAR FOR CONSTRUCTION OF FIFTEEN COMMUNICATION ANTENNAS, EACH SIX FEET IN HEIGHT, LOCATED AT 13931 E. LOS ANGELES AVENUE ON PROPERTY OWNED BY VICTORIA CHAIDEZ IN THE CITY OF MOORPARK (ASSESSOR PARCEL NO. 512 -0- 160 -300) Whereas, on November 16, 1998, the applicant applied for Conditional Use Permit No. 98 -5 for construction of 15 communication antennas with a maximum height of 61, located at 13931 E. Los Angeles Ave. 6.1 acre site owned by Victoria Chaidez; and Whereas, authority for the approval of Conditional Use Permit for the construction of a communication facility is granted to the Planning Commission pursuant to Section 17.20.050 of the Moorpark Municipal Code; and Whereas, at its meeting of April 12, 1999 Commission held a duly noticed public hearing to application filed by Air Touch Cellular, requesting Conditional Use Permit No. 98 -5; and the Planning consider the approval of Whereas, at its public hearing of April 12, 1999, the Planning Commission, after review and consideration of the information contained in the staff report dated April 12, 1999, and accepting public testimony, closed the public hearing; and Whereas, the Planning Commission after review and consideration of the information contained in the Staff Report dated April 12, 1999, and public testimony has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in this Resolution, accompanying documents and public testimony, the Planning Commission finds that: 1. The proposed use is consistent with the intent and provisions of the City's General Plan and Zoning Code. ,- 2. The proposed use is compatible with the character of surrounding development. Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 2 3. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed use is compatible with existing and planned land uses in the general area where the development is to be located. 6. The proposed use is compatible with the scale, visual character and design of the surrounding properties and is designed to enhance the physical and visual quality of the community and that the antenna structure because of its limited size is not visually impacting and when combined with landscaping provides visual relief and separation between land uses of conflicting character. SECTION 3. That the Planning Commission hereby finds that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15303, Class 3, for construction of small structures and there is no anticipated significant impacts on the environment. SECTION 4. The Planning Commission hereby approves Conditional Use Permit No. 98 -5, subject to the following Conditions: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS - Permitted Uses 1. The permit is granted for the land on the entitlement application fc approved plot plans and elevations. all site improvements shall be as s plans and elevations except or ux herein in the following conditions. Other Regulations and project as identified ,rm and as shown on the The location and design of hown on the approved plot .less indicated otherwise 2. The development is subject to all applicable regulations of the Rural Exclusive zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and '"-PRI SERW"EJ-0LDERS 67AIRT000HCELLULAR.doc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 3 enactments shall, by reference, become conditions of this permit. Discontinuance of Use 3. Conditional Use Permit No. 98 -5 shall expire when the use for which it is granted is abandoned or discontinued for a period of 180 or more consecutive days. Use Inauguration 4. That unless the project is inaugurated (building foundation slab in place or substantial work in progress) not later than one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that the applicant has diligently worked towards r^ inauguration of the project during the initial two year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. Prohibited Uses S. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a Modification to this permit. Other Regulations 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. IIMOR-PRI SERWOE FOLDERSI WM7AIRT000HCELLULAR.doc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 4 Severability 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Permittee Defense Costs S. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 1` Zoning Clearance prior to Building Permit 9. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. Other Uses on Site 10. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the Open Space Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development is !� IIMOR_PRI SER4IHOME FOLDERSIUA& WMPC4wwW *NNW"67A1RTOUCHCELLULARdoc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 5 required, in which case all applicable fees and procedures shall apply. Acceptance of Conditions 11. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions. On -site Improvements 12. No Zoning Clearance may be issued for construction until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements including, but not limited to fences, slope planting or other landscape improvements not related to grading, etc. Said on -site improvements shall be completed within 120 days of issuance of a Zoning Clearance. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after the last occupancy to guarantee that items such as landscaping; fences; slope planting or other landscape improvements not related to grading; etc. are maintained. Employment or Disposal of Hazardous Materials 13. Prior to any occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification application shall be filed with the Department of Community Development and approved by the City. Changes of Ownership 14. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community IW-PRI SERWIOME OLDERSIrLBOWAWPC4@SW98reso UW67A1RT000HCELLULAR.doc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 6 Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. Continued Maintenance 15. The continued maintenance of the permit area and facilities, including landscaping, shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. Graffiti Removal 16. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. FEES Case Processing Costs 17. The applicant shall pay all outstanding case processing (Planning and Engineering departments), and all City legal service fees prior to issuance of a Zoning Clearance. The applicant, permittee, or successors in interest, shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review of the Conditional Use Permit. Zoning Enforcement Costs 18. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the city for any and all costs and expenses to the city involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant IIMORpRI SERWIOME—ROLDERSICLefleurlMlPGesoa19fto5180.9B7A1RT0UCHCELLULAR .doc Resolution No. PC 99 -367 r Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 7 fails to pay all city costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Lighting 19. All proposed lighting shall meet the requirements of Section 17.24.090.F of the Municipal Code in that no light source shall be visible from an adjacent property, fixtures must provide sharp cut -off qualitites, and upward light spillage shall be eliminated. All lighting shall be reviewed and approved by the Director of Community Development prior to approval of the Zone Clearance and the lighting shall be reviewed to compliance with the requirements prior to the initiation of use of the facility. Building Materials and Colors 20. Antennas shall be painted a dark green color to match the r" landscape screening. All exterior building materials and paint colors shall be approved by the Director of Community Development. The proposed structure shall be constructed of split face blocks with an integral earth tone color and using integral color mortar, all colors shall be approved by the Director of Community Development prior to approval of the Zoning Clearance. Condition Compliance Costa 21. Prior to the issuance of a Zoning Clearance for construction, the applicant shall deposit with the City of Moorpark a Condition Compliance review fee in the amount of the original filing fee for the project. Noise Generation sources 22. All equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation IIMOR2RI SERYIHOME.FMOERSICLa%% WPC- MNSlB AesasW"67AIRT000HCELLULARAbc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 8 sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. AIR POLLUTION CONTROL DISTRICT Review of Uses 23. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County APCD is provided. Building Security Specifications Requirements 24. Prior to issuance of a building permit, the Building and Safety Department shall insure that the construction plans incorporate the requirements of the Building Security Specifications of the Moorpark Police Department. Landscape Plan Submittal 25. Prior to the issuance of a Zoning Clearance, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the City of Moorpark Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. A. Trees shall be planted of a species that will reach a minimum of 15' in height at maturity, planted at the rear of each antenna and in front of the equiprment building (the south side) An adequate number of shrubs must be planted to screen the chain link fence. Shrubs and /or ground cover shall be planted in the front of each antenna. B. The landscape plan shall include planting and irrigation specifications for the leased area and all slopes where antennas are proposed. IIMOR-PRI SERVMME FOLDERSICLSbWV WC- rwo$AAeao W-M7A1RT000H CELLULAR.doc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 9 C. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners and mitigate the visual impacts of the cellular antennas. D. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. E. The landscaping shall be in place and receive final inspection prior to the initiation of use. F. Irrigation shall be provided for all permanent landscaping identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. r— G. All new or replacement plant materials and erosion control landscaping shall be installed and receive final inspection prior to issuance of a Zoning Clearance for occupancy. H. A tree shall be planted behind each antenna to achieve a blending of the antenna with the landscape materials. Each tree shall have a foliage level sufficiently low and wide enough to insure that all portions of the antennas have their visibility reduced by the proposed landscape materials. CITY ENGINEER CONDITIONS PRIOR TO THE ISSUANCE OF A GRADING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: General: 26. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. Storm Water Runoff and Flood Control Planning: National Pollutant Discharge Elimination System (NPDES) IWOR PRI SERWiOME_FOLDERSrAA% VAPC4wwWQwo glWWAIRT000HCEU.ULAR.doc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 10 27. The applicant /owner shall submit a Stormwater Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. A. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. B. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to Stormwater and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" D. The Developer shall also comply with NPDES objectives as outlined in the "Stormwater Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. E. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Stormwater Quality Management Program, NPDES Permit No. CAS063339. F. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. G. Drainage to adjacent parcels shall not be increased or concentrated by this project. All drainage measures necessary to mitigate storm water flows shall be provided by the Developer. I"—PRI SERWO&— FN.DERSI WQ- M7AIRTOUCHCELLULARAcc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 11 H. Measures shall be taken such that concentrated surface flows on -site are interrupted, dissipated, or contained to prevent erosion. OTHER: The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform with Reuse Permit procedures administered by the County Water Resources Development Department. 28. The applicant shall comply with all pertinent County of Ventura Public Works Department water and sewer connection regulations, should any connections be required. These measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1) 29. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 30. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 31. Grading may occur during the rainy season from October 15th to April 15th subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15°h 32. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or IWORpR1 SERVWOME_FMOERSICLafl WWPC -A osW*NDSW367AIRT000HCELLULAR.doc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 12 prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 33. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 34. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 35. During clearing, grading, earth moving or excavation operations, dust shall be controlled by regular watering. In addition the following measures shall apply: 36. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that will be available for dust control at each phase of grading. WTI -M SER4IMOAEJOLDERSI AIRTOUCHCELLULAR.doe Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 13 37. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour) . The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. 38. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. 39. Keep all grading and construction equipment on or near the site, until these activities are completed. 40. Facemasks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust that may contain the fungus that causes San Joaquin Valley Fever. 41. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. 42. Wash off heavy -duty construction vehicles before they leave the site. 43. Truck noise from hauling operations shall be minimized through established haul routes which avoid residential areas and requiring that "lakes Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. 44. if any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. r IIMOk PRI SERWIOME OLDERMCLelle WADCvasosW*SWsl9"UAIRi000H CELLULAR.doc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 14 45. Backfill of any pipe or conduit shall be in 4 inch fully compacted layers unless otherwise specified by the City Engineer. 46. Soil testing for trench compaction is to be performed on all trenches for pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of trench excavated. 47. Observe a 15 mile per hour speed limit for the construction area. 48. All diesel engines used in construction equipment shall use reformulated diesel fuel. 49. The Developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 50. Equipment not in use for more than ten minutes shall be turned off. 51. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 52. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 53. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE FOLLONING CONDITIONS SHALL BE SATISFIED: 54. Prior to issuance of a building permit, all structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. IWOR-PRI SERW10MEf OLDERSICLaflwAk &QC4&os188reyosW367AIRTO" CEUULARdoc Resolution No. PC 99 -367 Conditional Use Permit No. CUP -98 -5 Air Touch Cellular Page 15 The action with the foregoing direction was approved by the following roll call vote: AYES: Landis, Parvin, DiCecco, Haller, Otto NOES: ABSTAIN: PASSED, APPROVED, AND ADOPTED THIS 12 DAY OF APRIL 1999. C Mark iCec o Chairman ATTEST: Celia LaFleur, Secretary to the Planning Commission r- IWOR-PRI -SERV 10 - FOLDERSIC1a1UWAAPC4ww WOSOSM67AIRT000HCELLWAR.ft