HomeMy WebLinkAboutRES PC 2010 553 2010 0223 RESOLUTION NO. PC-2010-553
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2009-03 TO INSTALL A
MINOR WIRELESS COMMUNICATIONS FACILITY, ON AN
EXISTING FACILITY, LOCATED AT THE VENTURA
COUNTY WATERWORKS DISTRICT NO. 1, MOORPARK
COLLEGE WATER RESERVOIR NO. 2 PROPERTY, AT
15698 CAMPUS PARK DRIVE, ON THE APPLICATION OF
NICK GONZALEZ FOR CLEARWIRE/SPRINT
WHEREAS, at a duly noticed public hearing on February 23, 2010 the
Planning Commission considered Conditional Use Permit (CUP) No. 2009-03 on
the application of Nick Gonzalez for the installation three (3) panel antennas and
three (3) parabolic dishes mounted at a height of forty-one feet and nine inches
(41'9") on an existing fifty-foot (50') tall monopine wireless communications
facility, and installation of one (1) support equipment cabinet at ground level,
located at Ventura County Waterworks District No. 1, Moorpark College Water
Reservoir No. 2 property, located at 15698 Campus Park Drive; and
WHEREAS, at its meeting of February 23, 2010, 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
February 23, 2010 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 15301 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 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-2010-553
Page 2
B. The proposed use is compatible with both existing and permitted land
uses in the surrounding area, in that the site is currently used by Ventura
County Waterworks and other cellular providers. The site of the existing
monopine wireless communications facility has been determined to be an
appropriate location for wireless communications facilities by the city.
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
are to be painted to match the color of the existing monopine and, the
proposed equipment area is to be landscaped to improve the screening of
the facility.
D. The proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses, in that the proposed use will be mounted
onto an existing monopine; 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:
A. The proposed facility will not create any significant blockage to public
views, in that the cellular facility will be placed on an existing monopine
wireless communications facility.
B. The proposed facility will be an enhancement to the City due to its ability
to provide additional 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 will be painted a color that will
be compatible with the colors of the existing monopine.
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
Clearwire/Sprint 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
Resolution No. PC-2010-553
Page 3
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. 2009-03 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Community Development
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: Commissioner Di Cecco, Vice Chair Landis, and Chair
Hamous
NOES: None
ABSTAIN: None
ABSENT: Commissioners Bagwell and Taillon
PASSED, AND ADOPTED this 23rd day of Fe• uary, 2010.
Avg's
ruce Hamous, air
k4W/V, /,
David A. Bobardt
Community Development Director
Exhibit A— Standard and Special Conditions of Approval
Resolution No. PC-2010-553
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2009-03
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. 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
ground level equipment cabinet, 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 the issuance of a Zoning Clearance for building permits, the
applicant shall submit all construction plans for review and approval by the
Planning Division.
3. Prior to approval of a Zoning Clearance for building permits, 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 Community Development Director. The Director may
require additional screening after the installation of the antenna, if it is
deemed necessary.
4. Prior to issuance of a zoning clearance for building permits, the
mechanical equipment must be shown on the plans to be located in an
area so it will not be visible from adjacent properties, to the satisfaction of
the Community Development Director.
5. The applicant shall paint all panel antennas and parabolic dishes, and any
other exposed Clearwire/Sprint cellular equipment to match the color of
the existing monopine to the satisfaction of the Community Development
Director prior to the approval of a zoning clearance for the final approval of
the facility.
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6. In the event that this antenna array is abandoned, the applicant shall
remove the facility within ninety (90) days at the request of the Community
Development Director.
OPERATIONAL CHARACTERISTICS
7. 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.
8. 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
9. 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 Community Development Director.
10. Prior to the issuance of a Zoning Clearance for construction, a Landscape
Plan shall be submitted to the Planning Division to improve the screening
of the existing utility, for review and approval by the Community
Development 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.
11. 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 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.
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12. 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.
13. 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.
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