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HomeMy WebLinkAboutRES 2003 442 0520RESOLUTION NO. PC- 2003 -442 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2001 -02 FOR CONSTRUCTION OF A WIRELESS COMMUNICATIONS FACILITY USING AN EXISTING SOUTHERN CALIFORNIA EDISON HIGH POWER TRANSMISSION TOWER LOCATED ON SOUTHERN CALIFORNIA EDISON PROPERTY IN THE VICINITY OF ISLE ROYALE DRIVE ON THE APPLICATION OF INFRANEXT, INC. FOR SPRINT PCS (ASSESSOR PARCEL NO. 506 -0 -010 -045) WHEREAS, at duly noticed public hearing on May 20, 2003, the Planning Commission considered Condition Use Permit (CUP) No. 2001- 02, on the application of Infranext, Inc. for Sprint PCS, requesting approval of a wireless communications facility, consisting of the installation of six (6) panel antennas and a twenty foot (20') wide and twenty foot (20') long equipment area consisting of battery, powerhouse, and radio cabinets, electric meter, Telco Rack, GPS antenna and Appelton Plug, located within the Southern California Edison property, south of the Performance Nursery in the vicinity of Isle Royale Drive; and WHEREAS, at its meeting of May 20, 2003, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the application and then closed the public hearing; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of California Environmental Quality Act (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 with the attached conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed use, height, setbacks and improvements, as conditioned, are consistent with City Code requirements. B. The proposed use is compatible with the character of the surrounding development because the site is currently used by Resolution No. PC- 2003 -442 Page 2 Southern California Edison for high power electrical transmission lines and the use of utility poles has been designated as an appropriate location for the cohabitation of cellular sites. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses, as the proposed use is designed to blend in with the colors of the terrain and the existing high power transmission line. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, in that it is designed so as not to detract from the physical and visual quality of the community. The color of the antennae is proposed to be painted to blend in with the existing SCE structure. In addition, the proposed equipment will be placed in an underground vault which will blend in with the surroundings and the existing nursery. SECTION 2. WIRELESS FACILITIES 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 17.42.060 in that: A. The proposed facility will not create any significant blockage to public views, as the cellular facility will be placed on an existing electrical transmission tower. B. The proposed facility will enhance communication services to the City due to its ability to provide increased communication capabilities within the Los Angeles Avenue area in the Moorpark commercial area. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, since it will be painted to blend into the existing electrical transmission tower. D. The proposed facility will comply with Federal Communications commission (FCC) regulations 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, as the applicant operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and /or Resolution No. PC- 2003 -442 Page 3 radio frequency interference. The transmission densities emanating from the facility will not exceed current American National Standards Institute (ANSI) recommended maximum exposure levels for wireless transmission frequencies which do not have the potential to significantly impact the community. In all cases, Effective Radiated Power (ERP), and its associated electromagnetic (EM) radiation power densities are a small fraction of the maximum permissible exposure set by ANSI, or the more restrictive exposure standard put forth by the National Commission on Radiation Protection and Measurement (NCRP). F. The public need for the use of the facility has been documented by the applicant and verified by city staff to be consistent with California law in that the proposed cell site will provide a substantial increase in the coverage area (an increase from weak coverage to good coverage in the target area). 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 3. PLANNING COMMISSION APPROVAL: The Planning Commission subject to in Exhibit attached ar hereby approves Conditional Use Permit No. 2001 -02 the Special and Standard Conditions of Approval included A (Special and Standard Conditions of Approval), d incorporated herein by reference. 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. Resolution No. PC- 2003 -442 Page 4 The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioners Lauletta, Peskay, Pozza, Vice Chair DiCecco and Chair Landis. NOES: None. ABSTAIN: None. ABSENT: None. PASSED AND ADOPTED THIS 20th day of May 2003. Kip A. L dis, hair ATTEST: ry Hoga m ty D ve opment Director Exhibit A: Special and Standard Conditions of Approval Resolution No. PC- 2003 -442 Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2001 -02 SPECIAL CONDITION OF APPROVAL 1. Prior to the issuance of a Zoning Clearance, all exterior antennas, support poles, equipment materials and paint colors shall be reviewed and approved by the Community Development Director to ensure that such equipment blends into the surroundings. STANDARD CONDITIONS OF APPROVAL PLEASE CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT 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, City and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which this Conditional Use Permit are 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 a business or businesses which would render the use unavailable to the public 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. A surety, in an amount subject to the review and approval of the Community Development Director, shall be provided to the City prior to the approval of a Zoning Clearance for construction, to guarantee removal of equipment and structures, if the City determines the facility to be abandoned and/or a public nuisance. 4. Unless the project is inaugurated (building foundation in place or substantial work in progress) not later than one (1) Resolution No. PC- 2003 -442 Page 6 year after this permit is granted, this permit shall automatically expire on May 20, 2004. The Community Development Director 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 (1) year period. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the permit. 5. Removal or relocation of any and all of the facilities shall be at the facility owner's expense, and at no cost to the City. Should the facility be removed or relocated by the City, the facility owner hereby waves any claims, damage, or loss (including, but not limited to, consequential damages) resulting from the city's removal or relocation of the facility. 6. 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. 7. Conditions of this entitlement shall not 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 (1) set of rules apply, the stricter ones shall take precedence. 8. 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. 9. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in the Government Code. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. Resolution No. PC- 2003 -442 Page 7 a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply. 10. 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. 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. 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. 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 use, there shall be filed with the Community Development Director 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 Community Development Director. Resolution No. PC- 2003 -442 Page 8 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. 18. The Community Development Director may declare this entitlement project 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). 19. 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 Community Development Director 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. 20. 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 (EM) 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 (1) such request in any 24 -month period. 21. The facility shall be removed at the owner's expense when a City - approved project requires relocation or undergrounding of the utility structure on which the facility is mounted. If the facility owner refuses to remove the facility, the owner shall reimburse the City for city costs and expenses to remove the facility. The applicant waives any claims, damage, or loss (including, but not limited to, consequential damages) resulting from the City's removal or relocation of the facility. Resolution No. PC- 2003 -442 Page 9 PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 22. 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, including traffic and detour plans. Copies of all permits will be provided to the City prior to commencing any work. 23. 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. 24. 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 meet the requirements of Section 15.26.010 of the Municipal Code. 25. The developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 26. Construction equipment not in use for more than ten (10) minutes shall be turned off. 27. 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. 28. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturer's specifications. 29. The developer shall comply with National Pollution Discharge Elimination System ( NPDES) objectives as required by Ventura County NPDES Permit CAS004002. 30. All debris generated by the construction project, including branches and pieces of concrete and asphalt, shall be removed and disposed of properly. This includes all debris adjacent to the exiting access road. -End-