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HomeMy WebLinkAboutRES 1997 334 0414r", ABSOLUTION NO. PC -97 -334 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 96- 1 ON THE APPLICATION OF PACIFIC BELL FOR CONSTRUCTION OF A 60' COMMUNICATION ANTENNA LOCATED 1,400' EAST OF MOORPARK COLLEGE AND 800' NORTH OF HIGHWAY 118 ON PROPERTY OWNED BY VENTURA COUNTY WATERWORKS DISTRICT IN THE CITY OF MOORPARK (ASSESSOR PARCEL NO. 500 -0- 280 -400) Whereas, at a duly noticed public hearing on April 14, 1997, the Planning Commission considered the application filed by Pacific Bell, requesting approval of the following: Conditional Use Permit No. 96 -1 for construction of a 60, cellular communications antenna on a portion of a 1.304 acre parcel; and Whereas, at its meeting of April 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 April 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. 2. That the proposed use is compatible with the character of �.- surrounding development. Pc97- 334.fina1.wpd Resolution No. PC -97 -334 Page 2 Conditional Use Permit No. 96.1 Pacific Bell Mobil Service April 14, 1997 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 approves Conditional Use Permit No. 96 -1, subject to the following Conditions of Approval: 7 DBP RTMMT OF C O inir v DSVE .OPNB ONDrTTONa 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. 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. P097- 334.final.wpd Resolution No. PC -97 -334 Page 3 Conditional Use Permit No. 96.1 Pacific Bell Mobil Service April 14, 1997 3. The development is subject to all applicable regulations of the O -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. 4. Conditional Use Permit No. 96 -1 shall expire when the use for which it is granted or abandoned or 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. 5. 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. 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. 7. 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. Pc97- 334.fina1.wpd le— Resolution No. PC -97 -334 Page 4 Conditional Use Permit No. 96.1 Pacific Bell Mobil Service April 14, 1997 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. Pc97- 334.fim1.wpd l Resolution No. PC -97 -334 Page 5 Conditional Use Permit No. 96.1 Pacific Bell Mobil Service April 14, 1997 13. 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. e'er 14. 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. 15. 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. 16. 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. 17. 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 Pc97- 334.fin l.wpd Resolution No. PC -97 -334 Conditional Use Permit No. 96.1 Pacific Bell Mobil Service April 14, 1997 Page 6 to the satisfaction of the Director of Community Development. 18. 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. 19. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. 20. 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). 21. 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. 22. All exterior building materials and paint colors shall be approved by the Director of Community Development. 23. All roof mounted equipment and other noise generation sources on- P07- 334.final.wpd Resolution NO. PC -97 -334 I' Conditional Use Permit No. 96.1 Pacific Bell Mobil Service April 14, 1997 Page 7 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. 24. 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. 25. 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. 26. The applicant shall allow the City to mount one antenna on the steel antenna support pole. PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Storm Water Runoff and Flood Control Planning: 27. 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. 28. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 29. Grading may occur during the rainy season from October 15 to April Pc97- 334.final.wpd Resolution No. PC -97 -334 F Conditional Use Permit No. 96.1 Pacific Bell Mobil Service April 14, 1997 Page S 15 subject to installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. 30. 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. 31. 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. 32. 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. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners Miller, Lowenberg, Millhouse, Acosta; ABSTAIN: Commissioner Norcross. PASSED, APPROVED, AND ADOPT: ATTEST: Celia LaFleur, Secretary to the Planning Commission Em PC97- 334.final.wpd 111 N I IW • 'A M1 - =FOr CAS \�0 DATE I SUBJECT CHAiNGE 128 6 -20 -90 URBAN WEST rC io FVD -1s. :w 'I 135 2 -6 -91 URBAN WEST PC l Cpn 9 „ _ SITE _•, 26 - _ - 4' C -2 P / OS -2 S VH 5 SIMI FREEWAY FRY R/W m � � OS`2 �-- ai -- - OS-2 _� NORTH