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HomeMy WebLinkAboutRES CC 2017 3614 2017 0719 RESOLUTION NO. 2017-3614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2016-05 AND MODIFICATION NO. 2 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2004-03 FOR CONSTRUCTION AND OPERATION OF A MAJOR WIRELESS COMMUNICATIONS FACILITY WITHIN A 48-FOOT HIGH TOWER AT 14339 WHITE SAGE ROAD (WAREHOUSE DISCOUNT CENTER SITE), WITH SIGNAGE ON THE TOWER, AND DETERMINING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ON THE APPLICATION OF MATT VIGIL (VINCULUMS) ON BEHALF OF VERIZON WIRELESS WHEREAS, On December 2, 2016, an application was filed for Conditional Use Permit (CUP) No. 2016-05 and Modification No. 2 to Commercial Planned Development (CPD) Permit No. 2004-03 by Matt Vigil (Vinculums) for a major wireless communications facility on a 48-foot high tower located at 14339 White Sage Road (Warehouse Discount Center); and WHEREAS, at duly noticed public hearings held on April 19, 2017, and May 3, 2017, the City Council opened the public hearing, and without speakers, closed the public hearing, and referred this matter to the Planning Commission for a recommendation along with Zoning Ordinance Amendment No. 2017-04, which was requested by the property owner on April 26, 2017 to allow for signage on the wireless communication facility; and WHEREAS, at a duly noticed public hearing on June 27, 2017, the Planning Commission considered Zoning Ordinance Amendment No. 2017-04, Conditional Use Permit (CUP) No. 2016-05 and Modification No. 2 to Commercial Planned Development (CPD) Permit No. 2004-03, and adopted Resolution No. PC-2017-619, recommending approval of these applications, subject to conditions; and WHEREAS, at a new duly noticed public hearing on July 19, 2017, the City Council considered Zoning Ordinance Amendment No. 2017-04, Conditional Use Permit (CUP) No. 2016-05 and Modification No. 2 to Commercial Planned Development (CPD) Permit No. 2004-03; and WHEREAS, at its meeting of July 19, 2017, the City Council 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 discussed and reached a decision on this matter; and WHEREAS, The Community Development Director has preliminarily determined the project is Categorically Exempt from the provisions of CEQA pursuant to Section Resolution No. 2017-3614 Page 2 15311(Class 11 - Accessory Structures) of the California Code of Regulations (CEQA Guidelines) in that the project is consistent with the applicable general and specific plan designation and all applicable general and specific plan policies as well as with the applicable zoning designation and regulations if amended by Zoning Ordinance No. 2017-04; the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; the project site has no value, as habitat for endangered, rare or threatened species, approval of a project would not result in any significant effects relating to traffic, noise, air quality; and the site can be adequately served by all required utilities and public services. No further environmental documentation is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15311 (Class 11 — Accessory Structures) of the California Code of Regulations (CEQA Guidelines) in that the project is consistent with the applicable general and specific plan designation and all applicable general and specific plan policies as well as with applicable zoning designation and regulations if amended by Zoning Ordinance No. 2017-04; the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; the project site has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. No further environmental documentation is required. 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 City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, 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. The tower is proposed at 48 feet high and includes a Spanish tile roof and a metal finial. B. The proposed use, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, is compatible with both existing and permitted land uses in the surrounding area, in that the wireless communication facility will provide additional cellular service to the commercial and industrial areas. The proposed tower has been determined to be in an appropriate location for a wireless communication facility by the city. Resolution No. 2017-3614 Page 3 C. The proposed use, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, 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 materials and colors of the tower complement the existing commercial buildings. D. The proposed use, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed use has been designed to eliminate any negative visual impacts. The proposed tower will not eliminate parking spaces, obstruct driveways, or disrupt vehicular or pedestrian circulation. E. The proposed use, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, would not be detrimental to the public health, safety, convenience, or welfare, in that conditions of approval have been added to protect the public. Wireless Facilities Findings: A. The proposed facility, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, will not create any significant blockage to public views, in that the tower will be placed on the corner of an existing commercial site, away from driveways and traffic line-of-sight. B. The proposed facility, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, will be an enhancement to the City due to its ability to provide additional communication capabilities in the eastern part of the City and along California State Route 23. C. The proposed facility, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, will be aesthetically integrated into its surrounding land uses and natural environment, in that it will be constructed of materials, painted in a manner, and constructed in a style that will complement the existing commercial buildings. D. The proposed facility, as conditioned, 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, as conditioned, will operate in compliance with all other applicable Federal regulations for such facilities, including safety regulations, in that AT&T 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 Resolution No. 2017-3614 Page 4 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 cellular facility has been documented consistent with California law, in that the proposed cell site will provide a substantial increase in the coverage 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. Planned Development Findings A. The site design, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations in that the proposed facility has been designed to complement the surrounding built and natural environment; B. The site design, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that the facility has been designed in a manner consistent with the character of the community; C. The proposed use, as conditioned, and with the adoption of Zoning Ordinance Amendment No. 2017-04, is compatible with existing and permitted uses in the surrounding area in that a wireless communication facility is not unexpected in the Commercial Planned Development zone. SECTION 4. CITY COUNCIL APPROVAL: The City Council hereby approves Conditional Use Permit No. 2016-05 and Modification No. 2 to Commercial Planned Development (CPD) Permit No. 2004-03, subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. EFFECTIVE DATE: The effective date of this resolution shall be concurrent with the effective date of Ordinance No. 450 approving Zoning Ordinance Amendment No. 2017-04. Resolution No. 2017-3614 Page 5 SECTION 6. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 19th day of July, 2017. ''' ,11-e4.)'- frea/lArlA1---') Janie S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A - Special and Standard Conditions of Approval for Conditional Use Permit (CUP) No. 2016-05 and Modification No. 2 to Commercial Planned Development (CPD) Permit No. 2004-03 A / \k/ V s'sN'-'4,, itf; ,t,,___, 4.r.re Resolution No. 2017-3614 Page 6 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2014-09 AND MODIFICATION NO. 2 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2004-03 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. 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. 2014-09 and Modification No. 1 to Commercial Planned Development No. 2004-03, 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. Prior to issuance of a building permit for the wireless communications facility, the property owner and City shall enter into an agreement to provide City Welcome signage on the tower at the applicant's expense including perpetual maintenance, with a design, materials, colors, and illumination to be reviewed and approved by the City Council. Any future change to the City Welcome signage would require City Council approval. Resolution No. 2017-3614 Page 7 5. This facility is approved as an unstaffed operation. Following construction of the facility, traffic generated by this use shall be limited to periodic and emergency maintenance of the facility. Required parking and loading spaces on the site shall be maintained in compliance with Zoning Ordinance. 6. 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. 7. 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 Community Development Director. 8. The wireless facilities under this permit shall be maintained so that the materials and colors remain compatible with the rest of the building. Failure to maintain these facilities to the satisfaction of the Community Development Director shall result in the scheduling of a revocation hearing. 9. 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. 10. 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. 11. Prior to the issuance of a Zoning Clearance for building permit, all landscape deficiencies must be corrected, and a landscape maintenance plan shall be submitted for review and approval of the Community Development Director and Parks and Recreation Director. 12. Prior to the issuance of a Zoning Clearance for building permit, hedge plants shall be planted on the north side of the property, adjacent to the parking lot to the satisfactory of the Community Development Director. Resolution No. 2017-3614 Page 8 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2017-3614 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 19th day of July, 2017, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 26th day of July, 2017. Maureen Benson, City Clerk (seal) 4'f