HomeMy WebLinkAboutRES PC 2009 548 2009 0922 RESOLUTION NO. PC-2009-548
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2008-09, A REQUEST TO
INSTALL A MINOR WIRELESS COMMUNICATIONS FACILITY
WITH TWELVE PANEL ANTENNAS ON AN EXISTING THIRTY-
TWO FOOT TALL WATER TANK AND FOUR EQUIPMENT
CABINETS IN A PARTIAL SUBTERRANEAN MECHANICAL
EQUIPMENT ENCLOSURE AT A VENTURA COUNTY WATER
WORKS DISTRICT NO. 1 WATER TANK SITE SOUTH OF
TIERRA REJADA ROAD BETWEEN THOMASVILLE COURT AND
SUNNYSLOPE PLACE, ON THE APPLICATION OF VINCE
AMAYA FOR VERIZON WIRELESS
WHEREAS, at duly noticed public hearings on November 25, 2008, January 27,
2009, and September 22, 2009, the Planning Commission considered Conditional Use
Permit (CUP) No. 2008-09 on the application of Vince Amaya for Verizon Wireless,
requesting approval of a minor wireless communications facility with twelve panel
antennas on an existing Waterworks District No. 1 water tank and a partial subterranean
mechanical equipment enclosure located south of Tierra Rejada Road, between
Thomasville Court and Sunnyslope Place; and
WHEREAS, at its meetings of November 25, 2008, January 27, 2009, and
September 22, 2009 the Planning Commission considered the agenda reports 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 provisions of the General Plan, zoning
ordinance, and any other applicable regulations in that the proposed use, height,
setbacks, and improvements are consistent with City Code requirements.
Resolution No. PC-2009-548
Page 2
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that the antennas will be attached to an existing water tank
and the utility site has been designated by the city as an appropriate location for
the co-location of cellular sites.
C. The proposed use is compatible with the scale, visual character and design of
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 and conduit
sleeve is conditioned to be painted to blend in with the existing water tank. In
addition, the proposed equipment area is conditioned to be placed partially
subterranean, behind the water tank.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the proposed use is designed to blend with
the colors of the existing water tank; therefore, the visual impact of the facility is
minimized and would not present any impacts on adjoining uses.
E. The proposed use would not be detrimental to the public 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, as
the cellular facility will be placed on an existing water tank.
B. The proposed facility will be an enhancement to the City due to its ability to
provide additional communication capabilities in the southern part of the City.
C. The proposed facility will be aesthetically integrated into its surrounding land
uses and natural environment since it will be painted a color that will be
compatible with the color of the existing water tank.
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, in that, Verizon
Wireless 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
Resolution No. PC-2009-548
Page 3
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 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 herby approves Conditional Use Permit No. 2008-09 subject to the
Standard and Special 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 Bagwell, Taillon, Vice Chair Landis, and Chair
Hamous
NOES: None
ABSTAIN: None
ABSENT: Commissioner Di Cecco
PASSED, AND ADOPTED this 22nd Day of September,))( 4/‘2,&63
Bruce Hamous, hair
David A. Bobardt, anning Director
Exhibit A: Standard and Special Conditions of Approval
Resolution No. PC-2009-548
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2008-09
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS
1. 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.
2. In the event that this antenna array is abandoned, the applicant shall remove the
facility within ninety (90) days at the request of the Planning Director.
3. The applicant shall paint all panel antennas, and any other exposed Verizon
Wireless cellular equipment to match the color of the existing water tank to the
satisfaction of the Planning Director prior to the approval of a zoning clearance
for the final approval of the facility.
4. The mechanical equipment must be shown on the plans to be located within a
partial-subterranean enclosure, south of the existing water tank, so it will not be
visible from the adjacent properties, to the satisfaction of the Planning Director
prior to issuance of a zoning clearance for building permits.
5. A shroud for screening coaxial cables on the water tank which connect the
antennas to the support equipment must be provided, and the applicant shall
paint the shroud conduit sleeve a non-reflective paint to match the color of the
existing water tank to the satisfaction of the Planning Director prior to the
approval of a zoning clearance for the final approval of the facility.
6. The applicant shall submit a security fencing plan for the water tank property, for
review and approval, to the satisfaction of the Planning Director, prior to approval
of a zoning clearance for building permits for the wireless communications
facility.
Resolution No. PC-2009-548
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OPERATIONAL CHARACTERISTICS
7. 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.
8. The applicant shall obtain a permanent access agreement or contract from the
Ventura County Water Works District to ensure accessibility to the site for
maintenance and the final agreement or contract shall be provided to the City of
Moorpark prior to issuance of a Zoning Clearance for building permits.
9. 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
10. 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.
11. Prior to the issuance of a Zoning Clearance for construction, a Landscape Plan
shall be submitted to the Planning Division to enhance the water tank property,
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 the proposed antennas and any equipment associated with
this communications facility.
12. 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.
13. 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.
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14. The applicant shall provide, at its expense, post installation Radio Frequency
field testing to demonstrate actual compliance with the applicable Federal
Communication Commission regulations and safety rules for
uncontrolled/general population Radio Frequency exposure. Such field survey
shall be provided to the City upon request, not to exceed one (1) such request in
any 24-month period, following City approved installation.
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