HomeMy WebLinkAboutRES 2000 389 0410RESOLUTION NO. PC- 2000 -389
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 99 -6 ON THE
APPLICATION OF PACIFIC BELL WIRELESS FOR
CONSTRUCTION OF A COMMUNICATION FACILITY
LOCATED AT 7150 WALNUT CANYON ROAD ON PROPERTY
OWNED BY VENTURA COUNTY WATERWORKS DISTRICT IN
THE CITY OF MOORPARK (ASSESSOR PARCEL NO. 500-
0- 270 -130)
Whereas, at a duly noticed public hearing on April 10, 2000,
the Planning Commission considered the application filed by Pacific
Bell Wireless, requesting approval of a communications facility
consisting of a 70' wooden antenna pole accommodating 6 antennas
for Pacific Bell and 12 antennas for Airtouch Cellular, a 375
sq.ft. lease area for Pacific Bell Wireless with ground mounted
equipment and a 600 sq.ft. lease area for Airtouch Cellular with a
10'x 20' prefabricated equipment building;
Whereas, at its meeting of April 10, 2000, 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 10, 2000, and public testimony has reached a decision
on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, 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 finds
the project 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:
Resolution PC 2000 -389
CUP 99 -6 (Pacific Bell Wireless)
April 10, 2000
Page 2
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 categorically exempt from the California Environmental
Quality Act (CEQA) under Section 15303, Class 3, for the new
construction of small structures and there is no anticipated
significant impacts on the environment.
SECTION 4 The Planning Condition hereby approves Conditional
Use Permit No. 99 -6, with the forgoing roll call vote.
The action with the foregoing direction was approved by the
following roll call vote:
AYES: Commissoiner's Parvin, Otto, Landis, Haller, DiCecco
NOES: None
PASSED AND ADOPTED THIS 10TH day of APRIL, 2000.
ATTEST:
Celia LaFleu Secretary
to the Planning Commission
i
Mar Di ecco, Chairman
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CUP 99 -6 (Pacific Bell Wireless)
April 10, 2000
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I. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
Permitted Uses
CDD -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 by conditions within this
Resolution.
Other Regulations
CDD -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 and any other
governmental entities, and all such requirements and
enactments shall, by reference, become conditions of this
permit.
f Discontinuance of Use
CDD -3. Conditional Use Permit No. 99 -6 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
CDD -4. Unless the project is inaugurated (building foundation 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 the applicant can document that he
has diligently worked towards inauguration of the project
during the initial one 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.
Prohibited Uses
(^ CDD -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
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Resolution PC 2000 -389
CUP 99 -6 (Pacific Bell Wireless)
April 10, 2000
Page 4
City of Moorpark. Any minor changes to this permit shall
require the submittal of an application for a
Modification to this permit.
Other Regulations
CDD -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
CDD -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.
P^' Permittee Defense Costs
CDD -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.
Zonina Clearance prior to Buildina Permit
CDD -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 an 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
CDD -10. If in the future, any use or uses are contemplated on the
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CUP 99 -6 (Pacific Bell Wireless)
April 10, 2000
Page 5
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
CDD -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 the Conditions required for apporval.
On -site Improvements
CDD -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 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
CDD -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
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Resolution PC 2000 -389
CUP 99 -6 (Pacific Bell Wireless)
April 10, 2000
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approved by the City.
Changes of Ownership
CDD -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
CDD -15. The continued maintenance of the permit area and
facilities, including but not limited to the condition of
the landscaping and the number of branches and coloration
of the simulated foliage on the antenna support poles,
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.
Graffiti Removal
CDD -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 Processina Costs
CDD -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.
School Assessment Fees
CDD -18. The applicant shall pay all school assessment fees levied
by the Moorpark Unified School District, if applicable.
Zoning Enforcement Costs
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CUP 99 -6 (Pacific Bell Wireless)
� April 10, 2000
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CDD -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).
Condition Compliance Costs
CDD -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.
Building Materials and Colors
CDD -21. All exterior building materials and paint colors shall be
approved by the Director of Community Development.
Noise Generation Sources
CDD -22. All ground 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.
APCD Review of Uses
CDD -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.
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April 10, 2000
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City Antenna
CDD -24. The applicant shall allow the City to mount one antenna
on the wood antenna support pole upon written request by
the City.
Antenna Des
CDD -25. Prior to approval of a Zoning Clearance, the antenna
shall be designed 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 Director of Community
Development shall determine the following with the goal
of allowing the installation of the antenna structure to
be camouflaged, mixed and matched to blend with native
and planted vegetation: a) the height of branch closest
to the ground shall be placed, b) whether the pole is
round or square, and c) the number, type, size, location
and placement of additional trees. The design, colors and
materials shall be approved by the Director of Community
Development.
Building Security Specifications Requirements
CDD -26. 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.
Landscape Plan Submittal
CDD -27. Prior to Zoning Clearance approval a complete landscape
plan (four 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 and in height as
determined by the Director of Community Development on
the south and east side of the antenna facility as well
as an adequate number of shrubs to screen the chain link
fence. Trees to be planted shall include 24" Box
varieties in a number and location as approved by the
Director of Community Development. The purpose of the
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CUP 99 -6 (Pacific Bell Wireless)
% April 10, 2000
Page 9
landscaping is to create a screen wall along the south
and east view corridor.
b. The landscape plan shall include planting and irrigation
specifications for the leased area and all slopes.
c. The landscaping shall be installed to control erosion,
prevent aesthetic impacts to adjacent property owners and
to mitigate the visual impacts of the cellular antenna
and building.
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 inauguration of use of the faciltiy.
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
inspection prior to issuance of a Zoning Clearance for
occupancy.
II. CITY ENGINEER CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
CED -l. The Developer shall demonstrate legal access to the
parcel to the satisfaction of the City Engineer.
CED -2. A Geotechnical Engineering Report shall be prepared for
the site. The Developer shall design improvement plans
incorporating all recommendations contained in the
report.
CED -3. Plans shall be designed so that surface drainage is
directed towards natural or improved drainage courses.
CED -4. 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
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CUP 99 -6 (Pacific Bell Wireless)
April 10, 2000
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City Engineers office.
CED -5. A pervious material, such as crushed stone, shall be used
around the proposed structure rather than a concrete
slab, within the extent of the leased areas.
DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY:
CED -6. The land outside the leased areas of the proposed
improvements shall be left in its natural state with
minimal grading only where necessary.
CED -7. All debris, including branches and pieces of concrete and
asphalt, within the project area shall be removed and
disposed of properly. This includes all debris adjacent
to the existing access road.
CED -8. Grading which may occur during the rainy season (October
15 to April 15) is subject to installation of erosion
control facilities. Erosion control measures shall be in
place and functional between October 15th and April 15th.
CED -9. 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 State II alerts.
CED -10. 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.
CED -11. 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.
CED -12. The developer shall provide a construction easement for
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all grading within the Ventura County Water Works
District property or provide verification that the
easement covers the limits of construction.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE
FOLLOWING CONDITIONS SHALL BE SATISFIED:
CED -13. 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.
III. FIRE DEPARTMENT CONDITIONS OF APPROVAL
VFD -1. The buildings shall meet the construction requirements
for a Type II N or better building in accordance with the
Uniform Building Code.
VFD -2. The roof shall be noncombustible.
VFD -3. The building shall have no openings except for doors
required in the Building Code.
VFD -4. Any ventilation to the outside shall have installed
dampers.
VFD -5. The Fire Department access road shall be installed and
maintained as a most weather road.
VFD -6. Provisions for road maintenance shall be made in order to
insure access by the Fire Department equipment.
VFD -7. All grass and brush shall be cleared and maintained to a
distance of 100 feet from structures.
VFD -B. All grass and brush shall be cleared and maintained to a
distance of 10 feet on either side of the access road.
VFD -9. Applicant shall complete Fire Department Form No. 126 and
shall pay the applicable fee of $42.50.
IV. AIR POLLUTION CONTROL DISTRICT CONDITIONS OF APPROVAL
APC -1. All clearing, grading , earth moving, or excavation
activities shall cease during periods of high winds (i.e.
greater than 15 miles per hour averaged over on hour) to
prevent excessive amounts of fugitive dust.
APC -2. All trucks that will haul excavated or graded materials
off site shall comply with State Vehicle Code Section
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23114, with special attention to Sections 23114(b)(2)(F),
(e)(2) and (e)(4) as amended, regarding the prevention of
such material spilling onto public streets and roads.
APC -3. All unpaved on -site roads shall be periodically watered
or treated with environmentally safe dust suppressants to
prevent excessive amounts of dust.
APC -4. The area disturbed by clearing, grading,, earth moving,
or excavation operations shall be minimized to prevent
excessive amounts of fugitive dust.
APC -5. All active portions of the site shall be either
periodically watered or treated with environmentally safe
dust suppressants to prevent excessive amounts of dust.
APC -6. On -site vehicle speeds shall not exceed 15 miles per
hour.
APC -7. Equipment engines shall be maintained in good condition
and in proper tune as per manufacturers specifications.
APC -8. Facilities shall be constructed and operated in
compliance with all applicable APCD Rules and
Regulations.
V. ENVIRONMENTAL HEALTH DIVISION CONDITION OF APPROVAL
EHD -1. The storage, handling, and disposal of any potentially
hazardous material shall be in compliance with applicable
state regulations.
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