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HomeMy WebLinkAboutRES 1995 308 0814RESOLUTION NO. PC -95 -308 A RESOLUTION OF THE PLANNING COMlIISSION OF THE CITY OF MDORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 95 -1 ON THE APPLICATION OF CELLULAR ONE (ASSESSOR PARCEL NO. 500 -0 280 -400 Whereas, at a duly noticed public hearing on July 24, 1995, the Planning Commission considered the application filed by Cellular One requesting approval of a cellular site at the College Tank Reservoir Facility No. 2; and Whereas, the Planning Commission after review and consideration of the information contained in the staff report, the Mitigated Negative Declaration, the Mitigating Reporting and Monitoring Program and testimony, and has found that the project will not have a significant adverse effect on the environment; and Whereas, at its meeting of July 24, 1995, the Planning Commission opened the public hearing, took testimony from all those wishing to testify, and closed the public hearing on July 24, 1995. WHEREAS, the Planning Commission makes the following findings: r O.E.O.A. Findinas a. The Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project has been completed in compliance with CEQA and State Guidelines. b. The Mitigated Negative Declaration adequately addresses the environmental effects of the proposed project. CONDITIONAL USE PERMIT FINDINGS a. The proposed use is consistent with the intent and provisions of the City's General Plan and the City Municipal Code; b. The proposed use is compatible with the character of surrounding development; C. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses; d. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare; and PP07:25 +9513131 aa, \PC.RBS e. The proposed use is compatible with existing and planned land uses in the general area where the development is to be located. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California {beginning at Section 21000}), the City Council of the City of Moorpark has determined that the Mitigated Negative Declaration and Mitigating Monitoring and Reporting Program prepared for this project has been completed in compliance with CEQA and State Guidelines. The Planning Commission has received and considered the information contained in the Mitigated Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project as follows: MITIGATION /NONITORING PROGRAM Landscaoino Submittal of Landscape Plans * Prior to issuance of a Zoning Clearance, a complete landscape plan (3 sets), together with specifications shall be submitted to the Director of Community Development. The entire Water Tank Storage Facility perimeter shall be landscaped with trees as approved by the Director of Community Development 20 feet on center for the purpose of screening the existing water tanks as well as the proposed antenna site from surrounding properties. A. A maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to issuance of a grading permit. B. The landscape plan shall include planting and irrigation specifications. C. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. D. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. PP07,25t9513i31PMr\PC.RBS 2 E. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. F. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to final inspection by the City Building inspector. 1. All plant species utilized shall be drought tolerant, low water using variety. 2. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. * Prior to the issuance of an occupancy Permit, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The city's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. MITIGATION MONITORING Prior to the use inauguration of the antenna site, the Department of Community Development shall inspect the site to insure that the required landscaping has been installed. Section 2. The Planning Commission hereby approves Conditional Use Permit No. 95 -1 and adopts the following conditions: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS Permitted Uses 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations (Exhibit Nos.3 and 4). The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. PP07*25s9S 13:32pmA: \PC.ASS 3 Time Limit 2. The CUP is approved for a period of time of five (5) years from the date of approval of the permit. At the end of this five year period, the Director of Community Development may grant a continuance of the use for an additional five year period, providing full compliance with all conditions have been accomplished and that the properties in the general area for the duration of the additional period authorized by this permit and that the applicant files an application for an extension at least one month prior to the termination of the five year period. The Director may grant the one five (5) year extension through a Permit Adjustment process. Additional five year extensions may be granted by the Director through the Minor Modification process for a period not to exceed twenty (20) years from the initial approval date. A Major Modification shall be required for extensions beyond the twenty year period. Other Regulations 3. The development is subject to all applicable regulations of the 0 -S Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use 4. Conditional Use Permit shall expire when the use for which it is granted (single user buildings only) is discontinued for a period of 180 or more consecutive days, or on the 5th yearly anniversary date from the date of approval, whichever comes first. Use Inauguration 5. That unless the project is inaugurated (building foundation slab in place and 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 he has diligently worked towards 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. A^ PP07:15:9513:31PEA: \PC.SSS 4 Prohibited Uses f 6. 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. Abandonment of Use 7.. Upon expiration of this permit, or abandonment of the use for more than 180 days, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practical. Other Regulations 8. 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. Severability 9. 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 10. 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. Zoning Clearance prior to Building Permit 11. 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. PP07:25:95 /3:311mA: \FC.RRS 5 Other Uses on Site 12. 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 required, in which case all applicable fees and procedures shall apply. Acceptance of Conditions 13. 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. -site Improvements 14. 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. Certificate of Occupancy Requirement 15. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the building and safety division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the applicant has provided a faithful performance bond. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply PP07r25r 95/3 s31pmAr�PC.R88 with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. Employment or Disposal of Hazardous Materials 16. 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. hanges of Ownershi 17. 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 Development the name(o) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(B) acknowledging and agreeing with all conditions of this permit. Continued Maintenance 18. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (5) days after notification. Graffiti Removal 19. 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. Landscaping ubmittal of Landscape Plans 20. Prior to issuance of a Zoning Clearance, a complete landscape plan (3 sets), together with specifications shall be submitted to the Director of Community Development. The entire Water Tank Storage Facility perimeter shall be landscaped with trees as approved by the Director of Community Development 20 feet on center for the purpose of screening the existing water tanks as well as the proposed antenna site from surrounding properties. PP07t25t95 /3t31poAr\PC.R83 a. A maintenance program shall. be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to issuance of a grading permit. b. The landscape plan shall include planting and irrigation specifications. C. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. 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 and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. f. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to final inspection by the City Building Inspector. i. All plant species utilized shall be drought tolerant, low water using variety. ii. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. 21. Prior to the issuance of an Occupancy Permit, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The city's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. PP07125s9513s31pnA* \PC.RHS 8 FEE Case Processing Costs 22. The applicant shall pay all outstanding case processing (planning and Engineering), 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. School Assessment Fees 23. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. Zoning Enforcement Costs 24. 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 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). ondition Compliance Costs 25. Prior to the commencement of construction plan review by the Community Development Department, the applicant shall deposit with the City of Moorpark a Condition Compliance review in the amount of the original filing fee for the project. Building Materials and Colors 26. All exterior building materials and paint colors shall be approved by the Director of Community Development. Noise Generation Sources 27. All roof mounted equipment and other noise generation sources on -Bite 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 s--- on -site noise generation sources would be mitigated to the r PP07r25:9513131PKAZ \PC.R8S 9 f required level. The noise licensed acoustical engineer engineering standards. APCD Review of Uses study must be prepared by a in accordance with accepted 28. 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 Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. Building Security Specifications Requirements 29. 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. City Antenna 30. The applicant shall allow the City to mount one antenna on the steel antenna support pole. SECTION 3. The Planning Commission does hereby find that the aforementioned project is consistent with the City's General Plan. The action of the foregoing direction was approved by the following roll vote: AYES: Comissioner's Miller, Martens, Acosta, May, and Torres. NOES: PASSES, APPROVED, AND ADOPTE THI 4TH DAY OF AUGUST, 1995. Torres, Chairman ATTESTT:� .{ Celia LaFleur, Secretary to the Planning Commission PP07175r 95/3 t31peAt\pC.R83 10