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HomeMy WebLinkAboutRES PC 2014 594 2014 0225 RESOLUTION NO. PC-2014-594 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2013-04 TO RE-PERMIT THE USE OF A WIRELESS TELECOMMUNICATION FACILITY ON AN EXISTING LEGAL NON-CONFORMING 60-FOOT TALL MONOPOLE WITH EXISTING ABOVE GROUND MECHANICAL EQUIPMENT STORAGE AT THE VENTURA COUNTY WATERWORKS DISTRICT NO.1, MOORPARK COLLEGE WATER RESERVOIR NO. 2, AT 15698 CAMPUS PARK DRIVE, AND MAKING DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF SEAN SCULLY (T-MOBILE WEST TOWER, LLC) WHEREAS, On November 14, 2013, an application was filed for Conditional Use Permit (CUP) No. 2013-04 by Sean Scully for T-Mobile West Tower, LLC to re-permit the use of a wireless telecommunication facility on an existing legal non-conforming 60- foot tall monopole with existing above ground mechanical equipment storage, located at the Ventura County Waterworks District No.1, Moorpark College Water Reservoir No. 2 at 15698 Campus Park Drive; and WHEREAS, at a duly noticed public hearing on February 25, 2014, the Planning Commission considered Conditional Use Permit (CUP) No. 2013-04; and WHEREAS, at its meeting of February 25, 2014, 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 Community Development Director has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2013-04 allows the continued use of an existing wireless communication facility monopole structure and above ground mechanical equipment storage, which is compatible with surrounding land uses. In addition, there is no substantial evidence that the project will have a significant effect on the environment. Resolution No. PC-2014-594 Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning Commission concurs with the Community Development Director's determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2013-04 allows the continued use of an existing wireless communication facility monopole structure and above ground mechanical equipment storage, which is compatible with surrounding land uses. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Department's determination of exemption, and based on its own independent judgment, concurs in staff's determination of exemption. SECTION 2. 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 in effect at the time of construction. 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 proposed monopole 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. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed use; 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. Resolution No. PC-2014-594 Page 3 SECTION 3. WIRELESS FACILITIES FINDINGS: A. The proposed facility will not create any significant blockage to public views, in that the wireless communication facility monopole will be placed away from residential properties. 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 wireless communication facility monopoles. 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 T-Mobile West Tower, LLC 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 monopole 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 4. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2013-04 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. Resolution No. PC-2014-594 Page 4 SECTION 5. 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: Commissioners Gould, Hamous, Landis, and Chair Groff NOES: None ABSENT: Commissioner DiCecco ABSTAIN: None PASSED AND ADOPTED this 25th day of February, 2014. -^y Daniel Groff, Chair '�07/ , David A. Bobardt Community Development Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2014-594 Page 5 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2013-04 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits and Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibits A and 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. This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2013-04, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 3. Approval of a Zoning Clearance is required prior to the issuance of any new Building Permits. All contractors must have valid City of Moorpark Business Registrations. 4. The applicant shall allow the City to mount one antenna on the steel antenna support pole. Resolution No. PC-2014-594 Page 6 5. Prior to the issuance of a Zoning Clearance for any new building permits, the applicant shall submit all construction plans for review and approval by the Planning Division. 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. Should the facility owner fail to remove the facility upon abandonment, the property owner shall be responsible for its removal. 7. 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. -End-