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HomeMy WebLinkAboutRES PC 2008 532 2008 0624RESOLUTION NO. PC -2008 -532 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008 -02, A REQUEST TO INSTALL A WIRELESS COMMUNICATIONS FACILITY AT 12778 TIERRA REJADA ROAD ON THE APPLICATION OF OMNIPOINT COMMUNICATIONS, INC. WHEREAS, at a duly noticed public hearing on June 24, 2008, the Planning Commission considered Conditional Use Permit (CUP) No. 2008 -02 on the application of Omnipoint Communications to install a wireless communications facility consisting of 12 panel antennas at a height of 55 feet, and a 2 foot diameter microwave antenna mounted at a height of 40 feet, on an existing 75 foot high Southern California Edison high voltage transmission pole, and installation of an with an underground equipment vault, located at 12778 Tierra Rejada road approximately 375' feet south of TIERRA REJADA Road. ; and WHEREAS, at its meeting of June 24, 2008 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, closed the public hearing and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Planning Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section (15303) as a Class 3 exemption for New Construction or Conversion of Small Structures. 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 in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 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 for high power electrical transmission lines and the use of utility poles has been designated by the City as an appropriate location for the collocation of cellular sites. Resolution No. PC- 2008 -532 Page 2 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 color of the antennas is conditioned to be painted to blend in with the existing SCE structure. 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 designed to blend in with the colors of the terrain and the existing high power transmission line. E. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, in that the project has been conditioned to protect the public's health and safety. SECTION 2. 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, in that the cellular facility will be placed on an existing electrical transmission tower. B. The proposed facility will enhance communication services to the City in that it will provide increased communication capabilities in the northern part of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, in that it is conditioned to be painted in a manner consistent with the colors of the existing electrical transmission tower. D. The proposed facility will comply with 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 T- Mobile operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and /or 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). Resolution No. PC- 2008 -532 Page 3 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 herby approves Conditional Use Permit No. 2008 -02 subject to the Special and Standard Conditions of Approval found in Exhibit A attached. SECTION 4. FILING OF RESOLUTION: The Planning Director 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 Di Cecco, Landis, Vice Chair Hamous, and Chair Peskay NOES: None ABSTAIN: None ABSENT: Commissioner Taillon PASSED, AND ADOPTED this 24TH day of June, 2008. Robert\Peskay, Chair vli'OiI4 Planning Director Exhibit A: Special and Standard Conditions of Approval Resolution No. PC- 2008 -532 Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2008 -02 SPECIAL CONDITIONS 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 Planning Director. The Director may require additional screening after the installation of the antenna, if it is deemed necessary. 3. In the event that a future merger, acquisition, or other action renders this antenna array redundant or unnecessary, the applicant shall remove the facility within ninety (90) days of a determination of redundancy or non - necessity. Propagation maps identifying then - current signal coverage and coverage without this facility shall be provided to the City at the request of the Planning Director. Such request may occur not more than once in a twelve (12) month period. 4. Prior to the finalization of building permits, the applicant shall paint all panel antennas, parabolic antenna(s), microwave dish(es), and any other exposed T- Mobile cellular equipment to match the color of the existing Southern California Edison transmission tower to the satisfaction of the Planning Director. 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. This permit shall expire one (1) year from the date of its approval, unless a building permit has been obtained and construction inaugurated. The Planning Director may, at his /her discretion, grant up to two (2) additional 1 -year extensions, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards obtaining building permits or inaugurating construction. The request for extension of this permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit. Resolution No. PC- 2008 -532 Page 5 3. 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. 4. 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. 5. If any architectural or historical finds are uncovered during grading or excavation operations, all grading or excavation shall cease in the immediate area and the find shall be left untouched. The applicant shall assure the preservation of the site and immediately contact the Planning Director, informing the Director of the find. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected shall be approved by the Planning Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 6. 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. 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; i i . 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. 7. 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. 8. Applicant shall conform to all National Pollutant Discharge Elimination System (NPDES) requirements during and after completion of the project. Resolution No. PC- 2008 -532 Page 6 9. No excavations shall be commenced unless the work can be completed before any rain falls. Which means the materials, equipment and manpower shall be procured and ready to commence the work before the excavation begins. In the event the work is interrupted with rainfall, all excavated areas shall be completely covered with visqueen and secured with gravel bags so that no mud is generated from the work area and allowed to leave the work area. 10. All work shall cease when there is a forth percent (40 %) chance of rain or when rainfall is imminent, whichever is more stringent and the site secured, as noted. 11. No work shall commence after a rainstorm until the ground has dried sufficiently so that no materials are transported off the site by workers or work equipment. 12. No work equipment, vehicles or materials shall be stockpiled or left in the public right -of -way. 13. Any work within the public right -of -way requires an encroachment permit. 14. No work shall be performed before 7:00 A.M. and after 7:00 P.M., Monday through Friday, and by permission work can be done between 8:00 A.M. and 5:00 P.M. on Saturday. No work shall be done on Sunday. 15. Deliveries of oversized loads require a city permit. FEES 16. 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 Planning 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. 17. Capital Improvements, Facilities, and Processing: Prior to the issuance of a Zoning Clearance for grading the applicant shall submit to the Planning Director the capital improvement, development, and processing fees at the current rate in effect. Said fees include but are not limited to Library Facilities, Police Facilities, Fire Facilities, entitlement processing, building and public improvement, plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed, as determined by the City in its sole discretion, so long as said fee is imposed on similarly situated properties. 18. Electronic Conversion: Prior to or concurrently with the approval of the Final Map, the applicant shall submit to the City Engineer and the Building Official the City's electronic image conversion fee for the Final Map /improvement plans and building permit/plans or other plans, as determined by the Community Development Department. Resolution No. PC- 2008 -532 Page 7 19. Condition Compliance: Prior to the issuance of any Zoning Clearance for construction, the applicant shall submit to the Community Development Department the Condition Compliance review fee. B. Please contact the PLANNING DIVISION for compliance with the following conditions: OPERATIONAL CHARACTERISTICS 20. Prior to the issuance of a Zoning Clearance for construction, the applicant shall submit all construction plans for review and approval by the Planning Division. 21. This facility is approved as an unmanned operation. Following construction of the facility, traffic generated by this use shall be limited to periodic and emergency maintenance of the facility. LANDSCAPING 22. Prior to operation of the use, the applicant shall replace at the applicant's expense, any vegetation or landscaping removed or damaged as a result of the installation or operation of this facility. The replacement shall be to the satisfaction of the Planning Director. 23. Prior to the issuance of a Zoning Clearance for construction, a Landscape Plan shall be submitted to the Planning Division for review and approval by the Planning Director. The applicant shall pay any cost of landscape plan review at the time of submittal. Landscaping shall be provided to screen any equipment associated with this communications facility. 24. In the event that the uses under this Conditional Use Permit are 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 Planning 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. 25. 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 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- 2008 -532 Page 8 26. The applicant will provide, at its 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 (1) such request in any 24 -month period. 27. The facility shall be removed at the owner's expense when a City- approved project requires relocation or under grounding 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. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: 28. Prior to the issuance of a grading permit or building permit, whichever occurs first, proof of the right to ingress and egress shall be obtained from adjacent property owner and provided to the City Engineer. Prior to any grading or drainage activity a Grading and /or Drainage Plan shall be prepared and submitted to the City Engineer for review and approval. No grading or drainage work shall occur without a grading permit and /or the permission of the City Engineer. 29. In the event that existing drainage patterns are affected by this project, the applicant shall adhere to all Federal Emergency Management Agency (FEMA) regulations and requirements. Prior to the issuance of a grading permit, all necessary calculations shall be submitted to the City and any governing Federal agency for review and approval. -End-