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Home My WebLink AboutRES PC 2006 499 2006 0523RESOLUTION NO. PC- 2006 -499 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 1633 TO CONTINUE OPERATION OF AN EXISTING HELIPORT AT THE SOUTHERN CALIFORNIA EDISON SUBSTATION AT 5027 GABBERT ROAD, ON THE APPLICATION ON SOUTHERN CALIFORNIA EDISON WHEREAS, at a duly noticed public hearing on May 23, 2006, the Planning Commission considered Modification No. 1 to Conditional Use Permit No. 1633, on the application of Southern California Edison, requesting approval to continue operation of an existing heliport at 5027 Gabbert Road to transport personnel, maintain and repair electrical systems, and provide for emergency medical evacuation; and WHEREAS, at its regular meeting of May 23, 2006, 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 proposal; and 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 California Environment Quality Act (CEQA) under Section 15301 of the CEQA Guidelines as a Class 1 exemption for Existing Facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY 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 special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.040 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 are consistent with City Code requirements. B. The proposed use is compatible with the character of the surrounding development in that the site is currently used by Southern California Edison as a Substation for high power electrical transmission lines; and the use of heliport will allow for rapid access and repair of transmission lines and towers. C. 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 area. The helipad is unlighted, six - inches (6 ") in \\Mor_pri_serv\City Share \Community Development \DEV PMTS \C U P \CUP 1633 (VC) \Mod. 1 \Reso \PC Reso.doc Resolution No. PC- 2006 -499 Page 2 height, and setback approximately 1,000 feet from the Los Angeles Avenue and Gabbert road. D. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses, in that the proposed use is conditioned to minimize noise and dust pollution. E. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, in that the project complies with State of California Public Utilities Code Section 21662, Department of Transportation, Division of Aeronautics, and has been conditioned to protect the public's health and safety. SECTION 2. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Modification No. 1 to Ventura County Conditional Use Permit No. 1633 subject to the Special and Standard Conditions of Approval found in Exhibit A attached. SECTION 3. 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 of the foregoing direction was approved by the following vote: AYES: Commissioners DiCecco and Peskay, Vice Chair Taillon and Chair Landis NOES: ABSTAIN: ABSENT: Commissioner Pozza PASSED, AND ADOPTED this 23rd day of May, 2006. Kipp Landis-, Chai ATTEST: 4 • J � i. �••. t De •• Director Exhibit A: Special and Standard Conditions of Approval Resolution No. PC- 2006 -499 Page 3 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT (CUP) NO 1633 SPECIAL CONDITIONS 1. This Modification allows the use of the heliport for up to ninety -six (96) landings per calendar year, with take -offs or landings allowed only between 7:00 AM and 7:00 PM, and only for transporting Southern California Edison personnel and /or equipment involved in the, maintenance or repair of transmission lines and towers and for public safety emergencies. Southern California Edison shall provide monthly reports to the City on the use of the heliport. Any proposed increase in use will require the consideration of a new permit or permit modification. 2. All Conditions of Approval for Conditional Use Permit No. 1633 as previously amended are incorporated by reference and shall continue to apply unless specifically modified by this permit. STANDARD CONDITIONS 1. Acceptance of Conditions: The applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted City policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. 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. 4. 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 permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. 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 -2006 -499 Page 4 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 regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. Applicant shall conform to all National Pollutant Discharge Elimination System (NPDES) requirements during and after completion of the project. FEES 7. Entitlement Processing: Prior to the acceptance of any Zoning Clearance, entitlement, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Director, all outstanding entitlement case processing fees including all applicable city legal service fees. This payment shall be made within sixty (60) calendar days of approval of this permit. -End-