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HomeMy WebLinkAboutRES 1997 340 0714N RESOLUTION NO. PC -97 -340 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 97- 3 ON THE APPLICATION OF QWEST COMMUNICATIONS FOR CONSTRUCTION OF A 320 SQUARE FOOT MODULAR BUILDING TO HOUSE FIBER OPTIC TELEPHONE NETWORK EQUIPMENT IN THE SOUTHERN PACIFIC RIGHT -OF- WAY ON A 2,300 SQUARE FOOT SITE LOCATED 307' WEST OF THE INTERSECTION OF GABBERT ROAD AND POINDEXTER AVENUE (ASSESSOR PARCEL NUMBER 500 -0- 340 -270) Whereas, at a duly noticed public hearing on July 14, 1997, the Planning Commission considered the application filed by Qwest Communications, requesting approval of a 320 sq. ft. modular building to house fiber optic telephone network equipment in the Southern Pacific right -of -way on a 2,300 sq. ft. site; and Whereas, at its meeting of July 14, 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 July 14, 1997 and public testimony and 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 provisions of the California Environmental Quality Act (Division 13 of the Public Resource Code of the State of California {beginning as 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 new small structures or facilities. SECTION 2. The Planning Commission adopts the following findings: 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. Pc97- 340.wpd Resolution No. PC 97 -340 Conditional Use Permit No. 97 -3 (Qwest Communications) July 14, 1997 Page 2 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. S. 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 approves Conditional Use Permit No. 97 -3, subject to the following Conditions of Approval: DEPARTMENT OF COMMUNITY DEVELOPMENT. MMLITLM 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 RE 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. 97 -3 shall expire when the use for which it is granted or abandoned or discontinued for a period of 180 or more consecutive days. Pc97- 340.wpd Resolution No. PC 97 -340 Conditional Use Permit No. 97 -3 (Qwest Communications) July 14, 1997 Page 3 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. 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. 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. 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 Pc97- 340.wpd Resolution No. PC 97 -340 Conditional Use Permit No July 14, 1997 Page 4 97 -3 (Qwest Communications) 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 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. 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 Pc97- 340.wpd Resolution No. PC 97 -340 Conditional Use Permit No July 14, 1997 Page 5 97 -3 (Qwest Communications) 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. 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(a) 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. 17. The applicant shall pay all outstanding case processing (Planning Pc97- 340.wpd Resolution No. Conditional Use July 14, 1997 Page 6 PC 97 -340 Permit No. 97 -3 (Qwest Communications) 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 commencement of construction plan review by the Community Development Department, the applicant shall deposit with the City of Moorpark a deposit for Condition Compliance review in the amount of the original filing fee for the project. 21. All exterior building materials and paint colors shall be 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 Pc97- 340.wpd Resolution No. PC 97 -340 Conditional Use Permit No July 14, 1997 Page 7 97 -3 (Qwest Communications) 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. 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. 25. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 26. The Developer shall provide a construction easement for offsite grading within Southern California Edison property or provide verification that the Southern Pacific Railroad easement covers the limits of construction. Grading /drainage: 27. The Developer shall submit to the City of Moorpark for review and approval, a grading /site plan prepared by a Registered Civil Engineer. The grading /site plan shall be consistent with the approved conceptual site plan and shall indicate the existing topography and proposed topography around the new building pad. The grading site plan shall indicate the measures taken during construction to control erosion during the rainy season. Sufficient surety guaranteeing the performance of the work shall be submitted to the City. Pc97- 340.wpd Resolution No. PC 97 -340 Conditional Use Permit No July 14, 1997 Page 8 Geotechnical /Geology Review: 97 -3 (Qwest Communications) 28. The Developer shall submit to the City of Moorpark for review and approval a detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to expansive soils, liquefaction, and seismic safety. The developer shall also provide a report which discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report, by the City's Geotechnical Engineer, may be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 29. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. Storm water Runoff and Flood Control Planning: 30. As part of the site plan, the Developer shall submit for review and approval hydraulic calculations indicating that runoff in the project area will be handled by the designed drainage devices and will prevent scour and erosion to the existing site. 31. If grading occurs during the rainy season, October 15 to April 15, installation of erosion control facilities are required. Erosion control measures shall be in place and functional between October 15th and April 15th. 32. 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. 33. During clearing, grading, earth moving or excavation operations, dust shall be controlled by regularly watering. In addition the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering Pc97- 340.wpd Resolution No. PC 97 -340 Conditional Use Permit No July 14, 1997 Page 9 97 -3 (Qwest Communications) 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. b. 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. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. 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. f. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. g. Wash off heavy -duty construction vehicles before they leave the site. 34. During smog season (May - October) the City shall order that con- struction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 35. 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. Pc97- 390.wpd Resolution No. PC 97 -340 Conditional Use Permit No. 97 -3 (Qwest Communications) July 14, 1997 Page 10 When construction work on Saturdays requires city inspection the developer shall pay a premium to cover overtime for city inspection services. No construction work is to be done on Sundays or Holidays pursuant to Section 15.26.010 of the Municipal Code. 36. The developer shall ensure that construction equipment is fitted with modern sound- reduction equipment. 37. Equipment not in use for more than ten minutes shall be turned off. 38. 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. 39. 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. 40. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 41. 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. 42. Prior to the issuance of a building permit, the applicant shall pave the first 20 feet of the access road from Gabbert Road with the remainder of the access road having an all weather surface to the satisfaction of the City Engineer, to prevent dirt and debris from being tracked onto City Streets. Pc97- 340.wpd mt Resolution No. PC 97 -340 Conditional Use Permit No. 97 -3 (Qwest Communications) July 14, 1997 Page 11 43. 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 have been submitted for checking and construction on sheets larger than 22" X 3611, they must be resubmitted as "as builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builts" 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: Miller, Norcross, Lowenberg; NOES: ABSTAIN: ABSENT: Acosta and Millhouse PASSED, APPROVED, AND ADOPTED THIS 14— Ernes ATTEST: CCelia La Fleur, Secretary to the Planning Commission ta, OF 97. Pc97- 340.wpd