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HomeMy WebLinkAboutRES 2002 434 1104RESOLUTION NO. PC- 2002 -434 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2002 -04, 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, ON THE APPLICATION OF NEXTEL, INC. (ASSESSOR PARCEL NO. 500 -0- 280 -405) WHEREAS, at duly noticed public hearings on October 28, 2002, and November 4, 2002, the Planning Commission considered an application filed by Nextel, Inc., requesting approval of a wireless communications facility consisting of fifteen (15) antennas, a 230 square foot equipment building, and a fifty -foot (50') tall monopole tower structure disguised as a pine tree; and WHEREAS, at its meeting of October 28, 2002 , the Planning Commission opened the public hearing, received public testimony, continued the item, public hearing open, to a Special Meeting on November 4, 2002, and WHEREAS, the Planning Commission after considered testimony given at the public hearing, closed the public hearing, reviewed and considered all information, including that contained in the Staff Report and public testimony has reached a decision on this matter; and Whereas, the Community Development Director, 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, has determined 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The Planning Commission does hereby find that Conditional Use Permit No. 2002 -04 is consistent with the City's General Plan. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: Resolution No. PC- 2002 -434 Page 2 A. The proposed use is consistent with the intent and provisions of the City's General Plan and Zoning Code. B. The proposed use is compatible with the character of surrounding development because this site has been identified as an appropriate location for wireless communications facilities, and there are other facilities existing on the site. C. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, because sensitive uses are significant distances from the subject property, and because similar uses exist on -site and have been previously determined to be non - disruptive to nearby properties or uses. D. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare because the proposed use will enhance the communications network within the general vicinity of the City of Moorpark, thereby increasing the public safety, convenience, and welfare. E. The proposed use is compatible with existing and planned land uses in the general area where the development is to be located, because this site has long been acknowledged as an appropriate location for wireless communications facilities. F. 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. The use of camouflage in disguising the facility as a tree is the primary example of the incorporated design features. SECTION 3. WIRELESS FACILITIES FINDINGS: Based upon the information set forth above, it is determined that this application with the attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.42.060 in that: A. The proposed Facility will not create any significant blockage to public views. B. The proposed Facility will enhance communication services to the City due to its ability to provide additional communication capabilities. C. The proposed Facility will be aesthetically integrated into its surrounding land uses and natural environment. D. The proposed Facility will comply with FCC regulations S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc Resolution No. PC- 2002 -434 Page 3 regarding interference with the reception or transmission of other Wireless Service signals within the City and surrounding community. E. The proposed Facility will operate in compliance with all other applicable Federal regulations for such Facilities, including safety regulations. F. The public need for the use of the Facility has been documented consistent with California law. G. The applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the Facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one such request in any 24 -month period. SECTION 4. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2002 -04: A. Subject to the following special conditions of approval: 1. The applicant shall allow the City to co- locate a radio antenna on the structure and place associated equipment and electronics within or on the equipment enclosure, at no cost, so long as this is done for City purposes at the expense of the City, there is no interference with the operation of the primary equipment, and that security and access are feasible. 2. 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 as determined by the Director of Community Development. The Director may require additional trees after the installation of the antenna if additional screening is deemed necessary. B. Subject to the attached Standard Conditions of Approval (Exhibit A) attached. SECTION 5. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc Resolution No. PC- 2002 -434 Page 4 The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners DiCecco, Haller, and Parvin and Vice Chair Landis NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 4th day of November 2002. Al : a ry Hogan Co u 'ty Dev 1 pment Director Exhibit A: Standard Conditions of Approval S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc Resolution No. PC- 2002 -434 Page 5 EXHIBIT A CONDITIONAL USE PERMIT NO. 2002 -04 STANDARD CONDITIONS OF APPROVAL PLEASE CONTACT THE COMdUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. 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. The development is subject to all applicable regulations, requirements and enactment 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. 3. In the event that the use for which this permit is approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of the transmission and receipt of cellular telephone signals, or the revocation of the license to engage in the business of wireless communications, for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 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 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. All facilities and uses other than those specifically requested in the application are prohibited unless the City of Moorpark has approved an application for a modification. Any minor changes to this permit shall require the submittal of an application for a Modification to this permit. S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc Resolution No. PC- 2002 -434 Page 6 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. The 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. 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. 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 the conditions required for approval. 12. No Zoning Clearance may be issued for occupancy until all on- site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a cash deposit to guarantee the construction and maintenance of exterior improvements including, but not S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc Resolution No. PC- 2002 -434 Page 7 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 deposit; however, the deposit must be kept in full effect for one year after 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(s) 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 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. 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 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 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 S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc Resolution No. PC- 2002 -434 Page 8 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. 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. 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. 21. Prior to occupancy, Ventura County 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. 22. 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. 23. Prior to the issuance of a zoning clearance for a building permit the applicant will provide to the Community Development Director, a field survey or other method consistent with Federal law to provide written verification that the Facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio - frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one such request in any 24 -month period. S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc Resolution No. PC- 2002 -434 Page 9 PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 24. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain call necessary encroachment permits from the appropriate Agencies, including traffic and detour plans. Copies of all permits will be provided to the City prior to commencing any work. 25. Issuance of this permit does not in any way preclude prior easement rights and the rights of all underlying and previous holders must be respected. Developer must notify any easement holder being affected by the proposed improvements or development prior to the work being commenced. 26. During 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. Construction activities shall be meet the requirements Section 15.26.010 of the Municipal Code. 27. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 28. Equipment not in use for more than ten minutes shall be turned off. 29. 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 Building Official shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 30. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturer's specifications. 31. 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 Engineering Office. 32. The land outside the street right of way of the proposed improvements shall be left in its natural state. Any work within private property will require permission from the property owner. A copy of that permission shall be forwarded to the City. 33. All debris, including branches and pieces of concrete and asphalt, within the local area shall be removed and disposed S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc Resolution No. PC- 2002 -434 Page 10 of properly. This includes all debris adjacent to exiting access road. 34. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain call necessary encroachment permits from the appropriate Agencies, including traffic and detour plans. Copies of all permits will be provided to the City prior to commencing any work. 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. 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. 36. 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. PLEASE CONTACT THE FIRE DEPARTMENT FOR QUESTIONS REGARDING COWLIANCE WITH THE FOLLOWING CONDITIONS 37. The access roads shall be maintained as all weather roads. 38. All grass and brush shall be cleared and maintained to a distance of 10 feet on either side of the access roads. PLEASE CONTACT THE AIR POLLUTION CONTROL DISTRICT FOR QUESTIONS REGARDING C014PLIANCE WITH THE FOLLOWING CONDITIONS 39. 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. 40. 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. 41. All unpaved on -site roads shall be periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 42. The area disturbed by clearing, grading, earth moving, or S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc Resolution No. PC- 2002 -434 Page 11 excavation operations shall be minimized to prevent excessive amounts of fugitive dust. 43. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. 44. On -site vehicle speeds shall not exceed 15 miles per hour. 45. Equipment engines shall be maintained in good condition and in proper tune as per manufacturer specifications. PLEASE CONTACT THE ENVIROAD&7gTAL HEALTH DIVISION FOR QUESTIONS REGARDING CO"LIANCE WITH THE FOLLOWING CONDITIONS 46. The storage, handling, and disposal of any potentially hazardous material shall be in compliance with applicable state regulations. 47. Prior to the inauguration of use, applicant must contact the Hazardous Materials Section for approval of all necessary permits. - End - S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 434 Nextel (CUP 2002- 04).doc