HomeMy WebLinkAboutRES 1997 343 0908RESOLUTION NO. PC -97 -343
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. 9704, ON THE APPLICATION OF NEXTEL COMMUNICATION
FOR CONSTRUCTION OF A 60' COMMUNICATION ANTENNA
LOCATED AT 7150 WALNUT CANYON ROAD ON PROPERTY OWNED
BY THE VENTURA COUNTY WATERWORKS DISTRICT IN THE CITY
OF MOORPARK (ASSESSOR PARCEL NO. 500 -0- 270 -130).
Whereas, at a duly notice public hearing on September 8,
1997, the Planning Commission considered the application filed
by Nextel of California, Inc., requesting approval for a 101x20'
prefabricated building and a 60' wooden antenna pole
accommodating 15 antennas.
Whereas, at its meeting of September 8, 1997, the Planning
Commission opened the public hearing, took testimony from all
those wishing to testify on the project, and closed the public
hearing; and
Whereas, the Planning Commission after review and
consideration of the information contained in the staff report
dated September 8, 1997, 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. Pursuant to the provision s of the California
Environmental Quality Act (Division 13 of the Public Resource
Code of the State of California {beginning at Section 2100 }) and
the requirements under Section 21081.6, the Planning Commission
of the City of Moorpark finds the application to be
Categorically Exempt from the provisions of CEQA pursuant to
Section 15303 as a Class 3 exemption for the construction of a
new small structure or facility.
SECTION 2. The Planning Commission adopts the following
findings:
Resolution PC 97 -343
CUP- 97- 4(Nextel Communications)
September 8, 1997
Page 2
CONDITIONAL USE PERMIT 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
17.44.030 in that:
1. The proposed use is consistent with the intent and provisions
of the City's General Plan and Zoning Code.
2. That the proposed use is compatible with the character of
surrounding development.
3. That the proposed use would not be obnoxious or harmful, or
impair the utility of neighboring property or uses.
4. That the proposed uses would not be detrimental to the public
interest health, safety, convenience, or welfare.
5. That the proposed uses are compatible with existing and
planned land uses in the general area where the development is
to be located.
6. That the proposed uses are compatible with the scale, visual
character and design of the surrounding properties and are
designed to enhance the physical and visual quality of the
community and that the structures have design features which
provide visual relief and separation between land uses of
conflicting character.
SECTION 3. That the Planning Commission hereby finds that the
project is categoricaly exempt from the California Environmental
Quality Act (CEQA) under Section 15303, Class 3, ne construction of
small structures and there is no anticipated significant impacts on
the environment and hereby approves Conditional Use Permit No. 96-
4, subject to the following Conditions of Approval:
pc97- 343.wpd
Resolution PC 97 -343
!~ CUP- 97- 4(Nextel Communications)
September 8, 1997
Page 3
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. 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.
2. The development is subject to all applicable regulations of
the RA 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.
3. Conditional Use Permit No. 96 -4 shall expire when the use for
which it is granted or abandoned or discontinued for a period
of 180 or more consecutive days.
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 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.
pc97- 343.wpd
Resolution PC 97 -343
CUP- 97- 4(Nextel Communications)
September 8, 1997
Page 4
5. 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.
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.
Severahility
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.
8. 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.
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
Pc97- 343.wpd
Resolution PC 97 -343
CUP- 97- 4(Nextel Communications)
September 8, 1997
Page 5
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.
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
required, in which case all applicable fees and procedures
�- shall apply.
Acceptance of Cor
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.
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
pc97- 343.wpd
Resolution PC 97 -343
CUP- 97- 4(Nextel Communications)
September 8, 1997
Page 6
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.
n• ..0 -� . 11 1 .. 1711 Wil .. u. -
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.
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
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.
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.
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.
pc97 -343.w d
Resolution PC 97 -343
!� CUP- 97- 4(Nextel Communications)
September 8, 1997
Page 7
17. 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.
18. The applicant shall pay all school assessment fees levied by
the Moorpark Unified School District, if applicable.
19. 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).
20. Prior to the issuance of a Zoning Clearance for construction,
the applicant shall deposit with the City of Moorpark a
Condition Compliance review in the amount of the original
filing fee for the project.
21. All exterior building materials and paint colors shall be
pc97- 343.wpd
Resolution PC 97 -343
CUP- 97- 4(Nextel Communications)
September 8, 1997
Page 8
approved by the Director of Community Development.
22. All roof mounted 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 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.
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 Occupancies shall be withheld
until compliance with these provisions from the Ventura County
APCD is provided.
24. The applicant shall allow the City to mount one antenna on the
steel antenna support pole.
Antenna Design
25. Prior to approval of a Zoning Clearance, the antenna shall be
modified to ensure that the visual appearance matches the
surrounding uses by including design elements that provide the
appearance of the antenna resembling one of the surrounding
trees. The design, colors and materials shall be approved by
the Director of Community Development.
26. Prior to issuance of a building permit, the Building and
pc97- 343.wpd
Resolution PC 97 -343
CUP- 97- 4(Nextel Communications)
September 8, 1997
Page 9
Safety Department shall insure that the construction plans
incorporate the requirements of the Building Security
Specifications of the Moorpark Police Department.
Landscape Plan Submittal
27. Prior to Zoning Clearance approval a complete landscape plan
(2 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 to
60' in height at maturity planted to the south of the
antenna facility and an adequate number of shrubs to
screen the chain link fence. The purpose of the
landscaping is to create a screen wall along the south
view corridor.
b. The landscape plan shall include planting and irrigation
specifications for the leased area and all slopes.
C. The purpose of the landscaping shall be to control
erosion, prevent aesthetic impacts to adjacent property
owners, mitigate the visual impacts of the cellular
antenna and building.
d. The subdivider 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 occupancy.
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.
g. All tree replacement, landscaping, and erosion control
landscaping shall be installed and receive final
pc97- 343.wpd
Resolution PC 97-
April 14, 1997
Page 10
inspection prior to issuance of a Zoning Clearance for
occupancy.
PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
28. The Developer shall comply with National Pollution Discharge
Elimination System (NPDES) objectives as outlined in the
"Storm water Pollution Control Guidelines for Construction
Sites ". This handout is available the City Engineers office.
29. The Developer shall demonstrate legal access to the parcel to
the satisfaction of the City Engineer.
30. The developer shall provide a construction easement for
offsite grading within Ventura County Water Works District
property or provide verification that the easement covers the
limits of construction.
31. Grading may occur during the rainy season from October 15 to
April 15 subject to installation of erosion control facili-
ties. Erosion control measures shall be in place and
functional between October 15th and April 15th.
32. 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 Con-
struction observer shall be notified immediately. Work shall
not proceed until clearance has been :issued by all of these
agencies.
33. 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
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.
34. Prior to any work being conducted within the state, county, or
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Resolution PC 97-
April 14, 1997
Page 11
City right -of -way, the developer shall obtain all necessary
encroachment permits from the appropriate agencies.
35. During clearing, grading, earth moving or excavation
operations, dust shall be controlled by regular watering.
36. Water all site access roads and materials 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 completion of work for the day.
Additional watering for dust control shall occur as directed
by the City.
37. Cease all clearing, grading, earth moving, or excavation
operations during periods of high wind (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, until these activities are completed.
39. Keep all grading and construction equipment on or near the
site, until these activities are completed.
40. Face masks shall be used by all employees involved in grading
or excavation operations during dry periods to reduce
inhalation of dust which may contain the fungus which 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. During the smog season (May- October) the City shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone levels
and protect equipment operators from excessive a smog levels.
The City, at its discretion, may also limit construction
during State II alerts.
43. Prior to issuance of a building permit, all structures shall
be designed to current UBC requirements or the City approved
pc97- 343.wpd
Resolution PC 97-
April 14, 1997
Page 12
geotechnical report requirements for the project, whichever
standard is most restrictive.
44. original "as built" plans will be certified by the developer's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may be
been submitted for checking and construction on sheets larger
than 22" x 3611, they must be resubmitted as "as builts" in a
series of 2211 x 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "as built" plans is
required before a final inspection will be scheduled.
The action with the foregoing direction was approved by the
following roll call vote:
AYES: MiUhouse, Norcross, Acosta;
NOES: Lowenberg, Miller
ABSTAIN:
ABSENT:
PASSED, APPROVED, AND ADOPTED THIS 8 DAY OF Sept., 1997.
Ernesto\,Aco4ta, Chairman
ATTEST:
Celia La Fleur, Secretary
to the Planning Commission
Cup97 -4:res