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HomeMy WebLinkAboutRES 1998 353 0427RESOLUTION NO. PC -•98 -353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 97 -5 ON THE APPLICATION OF COX COMMUNICATIONS FOR CONSTRUCTION OF SIX COMMUNICATION ANTENNAS, EACH 14 FEET IN HEIGHT, LOCATED AT 1,400' EAST OF MOORPARK COLLEGE AND 800' NORTH OF THE 118 FREEWAY ON PROPERTY OWNED BY VENTURA COUNTY WATERWORKS DISTRICT IN THE CITY OF MOORPARK (ASSESSOR PARCEL NO. 500 -0- 280 -405) Whereas, on December 23, 1997, the applicant applied for Conditional Use Permit No. 97 -5 for construction of six communication antennas with a maximum height of 14', located 1,400' east of Moorpark College and 800' north of the 118 Freeway in a .76 acre site owned by the Ventura County Waterworks District; 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 13,1998 the Planning Commission held a duly noticed public hearing to consider the application filed by Cox Communications, requesting approval of Conditional Use Permit No. 97 -5 and continued said hearing to April 27, 1998 because of a revised proposal for the antenna installation presented to the Planning Commission by the applicant; and Whereas, at its public hearing of April 27, 1998, the Planning Commission, after review and consideration of the information contained in the staff report dated April 27, 1998, 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 27, 1998 and public testimony has reached a decision on this matter. C: \lm \RESOS \98rescs \98- 353- cup97 -5.w d Resolution PC 98 -353 Cox Communications Page 2 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. 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. S. 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 and buld 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. 97 -5, subject to the following Conditions: CUP97 -5.RES Resolution PC 98- Cox Communications Page 3 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. 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. Other Regulations 2. The development is subject to all applicable regulations of the Open Space 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 3. Conditional Use Permit No. 97 -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 inauguration of the project during the initial two year period. CUP97 -5.RES Resolution PC 98- Cox Communications Page 4 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 5. All facilities requested in th application for a of Moorpark. Any the submittal of permit. Other Regulations and uses other than those specifically e application are prohibited unless an modification has been approved by the City minor changes to this permit shall require an application for a Modification to this 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. 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 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. CUP97 -5.RES Resolution PC 98- Cox Communications Page 5 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 required, in which case all applicable fees and procedures shall apply. Faawn-71 Pi 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 CUP97 -5.RES Resolution PC 98- Cox Communications Page 6 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 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. CUP97 -5.RES Resolution PC 98- Cox Communications Page 7 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 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). Building Materials and Colors 19. All exterior building materials and paint colors shall be approved by the Director of Community Development. CUP97 -5.RES Resolution PC 98- Cox Communications Page 8 Condition Compliance Costs 20. 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 21. 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 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. APCD Review of Uses 22. 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 23. 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. CUP97 -5.RES Resolution PC 98- Cox Communications Page 9 Landscape Plan Submittal 24. 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 to 60' in height at maturity, planted on the perimeter of the Waterworks site wherever a gap of 20' exists between trees. An adequate number of shrubs must be planted to screen the chain link fence. b. The landscape plan shall include planting and irrigation specifications for the leased area and all slopes where antennas are proposed. 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 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. CUP97 -5.RES Resolution PC 98- Cox Communications Page 10 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. II. CITY ENGINEER CONDITIONS OF APPROVE PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 25. All structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 26. The Developer shall design improvement plans incorporating all recommendations contained in the site Geotechnical Engineering Report. Plans shall also be designed so that surface drainage is directed towards natural or improved drainage courses. PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 27. The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. Storm Water Runoff and Flood Control Planning: 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 at the City Engineers office. 29. 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 CUP97 -5.RES Resolution PC 98- Cox Communications Page 11 limits of construction. DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 30. 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. 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 Con- struction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 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 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 clearing, grading, earth moving or excavation operations, dust shall be controlled by regular watering. 35. 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. CUP97 -5.RES Resolution PC 98- Cox Communications Page 12 36. 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. 37. Water or securely cover all material transported off -site and on -site, until these activities are completed. 38. Keep all grading and construction equipment on or near the site, until these activities are completed. 39. 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. 40. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. 41. 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 smog levels. The City, at its discretion, may also limit construction during Stage II alerts. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 42. 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. PRIOR TO BOND EXONERATION THE FOLLOWING CONDITION SHALL BE SATISFIED• 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 be submitted for checking and construction on sheets larger than CUP97 -S.RES 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 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: Commissioner Miller, Acosta, DiCecco, Lowenberg; NOES: ABSTAIN: ABSENT: Commissioner Millhouse. Passed, approved and adopted this 27th day/6f April, 1998. Gary Low9rhbptg, iN003 -v W Celia La Fleur, Secretary to the Planning Commission CUP97 -5.RES