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HomeMy WebLinkAboutRES 2000 397 1009/1� RESOLUTION NO. PC- 2000 -397 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2000 -03 ON THE APPLICATION OF COMPASS TELECOM FOR CONSTRUCTION OF A COMMUNICATION FACILITY LOCATED 1,400 FEET EAST OF MOORPARK COLLEGE AND 800 FEET 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, at a duly noticed public hearing on October 9, 2000, the Planning Commission considered the application filed by Compass Telecom, requesting approval of a communications facility consisting of a three 12 foot high support poles accommodating twelve (12) antennae and a 144 sq.ft. leased area for ground mounted equipment for Metricom Network; and Whereas, at its meeting of October 9, 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 October 9, 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 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 No. PC- 2000 -397 CUP 2000 -03 Compass Telecom Services 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. The Planning Condition hereby approves Conditional Use Permit No. 2000 -03, subject to the following Conditions of Approval: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: 1) Permitted Uses - This Conditional Use 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. 2) Other Regulations - The development is subject to all applicable regulations of the Open Space (OS) Zone, and all requirements and enactment of Federal, State, Ventura County, the City and any other governmental entities, and all such requirements and enactment shall, by reference, become conditions of this permit. M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pC - 001009 Cup 00 -03 reso.doc Resolution No. PC- 2000 -397 CUP 2000 -03 Compass Telecom Services Page 3 3) Discontinuance of Use - Conditional Use Permit No. 2000 -03 shall expire when the use for which it is granted is abandoned or discontinued for a period of 180 or more consecutive days. 4) Use Inauguration - 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 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. 5) Prohibited Uses - 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. W 6) Other Regulations - 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) Severability - 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) Permittee Defense Costs - 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 M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pc - 001009 Cup 00 -03 reso.doc W Resolution No. PC- 2000 -397 CUP 2000 -03 Compass Telecom Services Page 4 defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. 9) Zoning Clearance prior to Building Permit - 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. 10) Other Uses on Site - 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) Acceptance of Conditions - 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 approval. 12) On -Site Improvements - 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 M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pC - 001009 Cup 00 -03 reso.doc Resolution No. PC- 2000 -397 (^ CUP 2000 -03 Compass Telecom Services Page 5 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) Employment or Disposal of Hazardous Materials - 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) Changes of Ownership - 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) Continued Maintenance - The continued maintenance of the permit area and facilities, including but not limited to the condition of the 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) Graffiti Removal - 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) Case Processing Costs - 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) Zoning Enforcement Costs - The Director of Community Development may declare a development project that is not in M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pc - 001009 Cup 00 -03 reso.doc Resolution No. PC- 2000 -397 CUP 2000 -03 Compass Telecom Services Page 6 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). 19) Condition Compliance Costs - 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. 20) Materials and Colors - All exterior antenna, support poles and ground mounted equipment materials and paint colors shall be approved by the Director of Community Development prior to approval of a Zoning Clearance. 21) Noise Generation Sources - 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. 22) APCD Review of Uses - 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. 23) City Antenna - The applicant shall allow the City to mount one antenna on one of the antennae or support poles at no cost upon written request by the City. M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pc - 001009 Cup 00 -03 reso.doc Resolution No. PC- 2000 -397 CUP 2000 -03 Compass Telecom Services Page 7 24) Antenna Design - 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 and /or landscaping 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. 25) Building Security Specifications Requirements - 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) Landscape Plan Submittal - 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 variety that will reach sufficient height at maturity to screen the existing and proposed antennae. Landscaping shall be 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. Trees to be planted shall include 24" box Eucalyptus, Pines or California Peppers in a number and location as approved by the Director of Community Development. The purpose of the landscaping is to create additional screening of the antennae and water tanks from view. b) The landscape plan shall include planting and irrigation specifications for the leased area and all slopes where antennae 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 antennae. M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pc - 001009 Cup 00 -03 reso.doc 0 Resolution No. PC- 2000 -397 CUP 2000 -03 Compass Telecom Services Page 8 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 facility. Any landscaping damaged during construction shall be replaced prior to approval of 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 inspection prior to issuance of a Zoning Clearance for occupancy. h) A tree or large shrub shall be planted behind each antenna to achieve a blending of the antenna with the landscape materials. Each tree or shrub shall have a foliage level sufficiently low and wide enough to insure that all portions of the antennae have their visibility reduced by the proposed landscape materials. CITY ENGINEER CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF A GRADING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 1) Legal Access - The Developer shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. 2) Surface Drainage - Plans shall be designed so that surface drainage is directed towards natural or improved drainage courses. 3) NPDES - 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. M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pc - 001009 Cup 00 -03 reso.doc Resolution No. PC- 2000 -397 CUP 2000 -03 Compass Telecom Services Page 9 DURING GRADING, THE FOLLOWING CONDITIONS SHALL APPLY: 4) Adjacent areas - The land outside the leased areas of the proposed improvements shall be left in its natural state with minimal grading only where necessary. 5) Rainy Season - 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. 6) Smog Season - 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. 7) Construction Hours - 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. 8) Hazardous Waste - 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. PRIOR TO ISSUANCE OF A ZONING CLEARANCE FOR A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 9) UBC Standards - 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. M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pc - 001009 Cup 00 -03 reso.doc Resolution No. CUP 2000 -03 Compass Telecom Page 10 PC- 2000 -397 Services FIRE DEPARTMENT CONDITIONS OF APPROVAL 1) Access Road - The access roads shall be installed and maintained as a most weather road. 2) Brush Clearance - All grass and brush shall be cleared and maintained to a distance of 10 feet on either side of the access roads. AIR POLLUTION CONTROL DISTRICT CONDITIONS OF APPROVAL 1) High Winds - 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. 2) Spillage Onto Roads - All trucks that will haul excavated or graded materials off site shall comply with State Vehicle Code Section 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. 3) Dust Suppression - All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 4) Fugitive Dust - The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 5) Watering of Site - All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 6) Vehicle Speeds - On -site vehicle speeds shall not exceed 15 miles per hour. 7) Engine Maintenance - Equipment engines shall be maintained in good condition and in proper tune as per manufacturers specifications. M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pc - 001009 Cup 00-03 reso.doc r Resolution No. PC- 2000 -397 CUP 2000 -03 Compass Telecom Services Page 11 ENVIRONMENTAL HEALTH DIVISION CONDITION OF APPROVAL: 1) Applicability of Regulations - The storage, handling, and disposal of any potentially hazardous material shall be in compliance with applicable state regulations. 2) Permit Issuance - Prior to the inauguration of use, applicant must contact the Hazardous Materials Section for approval of all necessary permits. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioner's DiCecco, Haller, Landis, Otto and Parvin NOES: PASSED AND ADOPTED THIS 9TH day of October, 2000. ATTEST: Celia LaFleur, Secretary to the Planning Commission M: \CLafleur \M \aa- CUP 2000 -03 COMPASS \pC - 001009 Cup 00 -03 reeo.doc