HomeMy WebLinkAboutRES 2002 436 1104RESOLUTION NO. PC- 2002 -436
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, DENYING CONDITIONAL USE
PERMIT NO. 2002 -05 ON THE APPLICATION OF CINGULAR
WIRELESS FOR CONSTRUCTION OF A COMMUNICATION
FACILITY LOCATED AT 13931 E. LOS ANGELES
AVENUE.(ASSESSOR PARCEL NO. 512 -0 -160 -300)
WHEREAS, at a duly noticed public hearing at a Special Meeting
on November 4, 2002, the Planning Commission considered an
application filed by Cingular Wireless requesting approval of a
communications facility consisting of twelve (12) panel antennas
mounted on a sixty- five -foot (65') high tower disguised as a pine
tree, and a 320 square foot equipment building; and
WHEREAS, at its Special Meeting of November 4, 2002, the
Planning Commission opened the public hearing, received testimony
from all those wishing to testify, and closed the public hearing;
and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Report and
public testimony has reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community
Development Director's determination that this project is
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. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth above, it is determined that this application
does not meet the following findings of the City of Moorpark
Municipal Code Section 17.44.030 in that:
A. The proposed use is not compatible with existing plan uses in
the general area where the development is to be located
because of aesthetic incompatibility.
B. The proposed use is not compatible with the scale and visual
character design of the surrounding properties in that it is
located in too prominent of a location and visible from too
many areas within the City.
C. Approval of this use may encourage additional facilities at
this site.
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 436 Cingular (CUP 2002 -05) denial.doc
Resolution No. PC- 2002 -436
Page 2
SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the
information set forth above, it is determined that this application
does not meet the following requirements of the City of Moorpark
Municipal Code Section 17.42.060 in that:
A. The proposed facility would create significant blockage to
public views and impair those views because of the tall nature
of the structure.
B. The proposed facility would not be aesthetically compatible
nor would it integrate to the surrounding land uses and the
natural environment consistent with the surrounding area.
SECTION 3. PLANNING COMMISSION DENIAL: The Planning
Commission hereby denies Conditional Use Permit No. 2002 -05.
SECTION 4. 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.
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, APPROVED, AND ADOPTED THIS 4th day of November 2002.
ATTEST:
d CB rr Ho
ity I& lopment Director
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 436 Cingular (CUP 2002 -05) denial.doc