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HomeMy WebLinkAboutRES PC 2017 619 2017 0627 RESOLUTION NO. PC-2017-619 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2017-04, 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 MAKING DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, 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, on May 3, 2017, the City Council referred these applications back 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 Communications Facility at 14339 White Sage Road; and WHEREAS, at 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 WHEREAS, at its meeting of June 27, 2017, 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 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 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 Resolution No. PC-2017-619 Page 2 applicable zoning designation and regulations; 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 PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: 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 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; 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. ZONING ORDINANCE AMENDMENT FINDINGS: The Planning Commission finds Zoning Ordinance Amendment No. 2017-04 is consistent with the City of Moorpark General Plan and all adopted Specific Plans, in that this ordinance supports one of the goals of the Land Use Element which calls for a variety of commercial facilities which serve community residents and meet regional needs. Viable and aesthetically pleasing wireless communication facilities are an example of commercial facilities that provide important services to community residents and serve regional needs for wireless communications. SECTION 3. 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: With Amendments to the Zoning Ordinance as proposed by Zoning Ordinance Amendment No. 2017-04: A. The proposed use, as conditioned, 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 4 feet of Spanish roof tile and a metal finial. Resolution No. PC-2017-619 Page 3 B. The proposed use, as conditioned, 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. C. The proposed use, as conditioned, 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 material and color of the tower as conditioned complement the existing commercial buildings. D. The proposed use, as conditioned, 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, would not be detrimental to the public health, safety, convenience, or welfare, in that conditions of approval have been added to protect the public. Conditional Use Permit for Wireless Facilities Findings: A. The proposed facility, as conditioned, 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, 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, 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 Resolution No. PC-2017-619 Page 4 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 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. SECTION 4. PLANNED DEVELOPMENT 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 site design, as conditioned, 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, 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, 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 5. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council: 1) approval of Zoning Ordinance Amendment No. 2017-04 as shown in Exhibit A, attached; and 2) approval of Conditional Use Permit No. 2016-05 and Modification No. 2 to Commercial Planned Development Permit No. 2004-03, subject to Standard and Special Conditions of Approval as shown in Exhibit B, attached. Resolution No. PC-2017-619 Page 5 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 Aquino, Vice Chair Hamous, and Chair Landis NOES: None ABSTAIN: Commissioner Haverstock ABSENT: Commissioner Di Cecco PASSED, AND ADOPTED this 27th day of June, 2017. • Kipp andis, C air David A. Bobardt, Community Development Director Exhibit A— Zoning Ordinance Amendment No. 2017-04 Exhibit B — Standard and Special Conditions of Approval for Conditional Use Permit No. 2016-05 and Modification No. 2 to Commercial Planned Development Permit No. 2004-03 Resolution No. PC-2017-619 Page 6 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2017-04 AN AMENDMENT TO CHAPTER 17.40 (SIGN REGULATIONS) AND CHAPTER 17.42 (WIRELESS COMMUNICATIONS FACILITIES) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE Letter "I" is added to table in Section 17.40.110 (Commercial/industrial zones) of Chapter 17.40 (Sign Regulations) of Title 17 (Zoning) of the Moorpark Municipal Code as follows: Sign Type Sign Location Maximum Sign Area, Other Regulations Height, and Width I. Wireless communication facilities. Signs on a stealth Location must comply Area: Two hundred Number: One (1)tower facility designed as a with standards in (200) square feet element with signage tower element on Chapter 17.42 (Wireless maximum per each side per eligible site. private property Communications of tower element, but Maximum four(4) signs (Only permitted in the Facilities) and CPD not to exceed 50% of on each side of Tower Commercial Planned Permit. the surface area of any element. Development(CPD) one side of tower Design: Tower element zone on a site element. must meet definition of developed with 100,000 Height and Width: Per stealth facility in square feet or more of Chapter 17.42 (Wireless Chapter 17.42 (Wireless building area and Communications Communications adjacent to a freeway.) Facilities) and CPD Facilities) and have an Permit. Signage may approved CPD Permit not extend beyond the with a design, including edges of the tower materials, colors, element. architectural style and details, and proposed signage to match existing site architecture as determined by the City Council. Illumination: Internal, but no exposed neon lighting or exposed bulb. Landscaping: Four(4) foot wide planter I surrounding tower element. Section 17.42.050 (Development requirements for all wireless communications facilities) of Chapter 17.42 (Wireless Communications Facilities) of Title 17 (Zoning) of the Moorpark Municipal Code is amended as follows: 17.42.050 Development requirements for all wireless communications facilities. A. General Development Requirements. The facility shall comply with each of the following requirements: Resolution No. PC-2017-619 Page 7 1. Any signs or advertising devices other than certification, public safety, warning, or other required seals or required signage are prohibited, except as provided for in Chapter 17.40 (Sign Regulations). 2. Any and all accessory equipment, or other equipment associated with the operation of a minor facility, including but not limited to transmission cables, when not located within an existing above-ground building in a manner that is not visible from the outside, in association with a stealth facility, must be located within conduit or in an underground vault. Any and all accessory equipment, or other equipment associated with the operation of a major facility, including but not limited to transmission cables, must be located within conduit, an underground vault, or an above-ground building or enclosure in a manner that complies with the development standards of the zoning district in which such equipment is located. Equipment located above ground must be visually compatible with the surrounding buildings and structures and either shrouded by sufficient landscaping to screen the equipment from view, or designed to match the architecture of adjacent buildings. 3. The wireless communications facility's exterior finish shall be comprised of non- reflective material(s) and painted, screened, or camouflaged to blend with the materials and colors of surrounding buildings, structures, topography and vegetation. 4. Wireless communications facilities and/or support equipment that are accessible to pedestrians shall be covered with a clear anti-graffiti material of a type approved by the planning commission or community development director. The planning commission or community development director may grant an exception to this requirement if the applicant demonstrates to the satisfaction of the planning commission or community development director that there is adequate security around the facility to prevent graffiti. 5. All screening used in connection with a wall mounted and/or roof mounted wireless facility must be compatible with the architecture, color, texture, and materials of the building or structure to which it is attached, and must be maintained to the satisfaction of the community development director. 6. Wireless facilities may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies with appropriate jurisdiction, or to illuminate signage as allowed by Chapter 17.40 (Sign Regulations). 7. The applicant, and the property owner if different from the applicant, shall not enter into any exclusive agreement which prohibits future collocation of other facilities on or with the applicant's facility, unless technological requirements preclude that collocation. B. Setback Requirements. All facilities must comply with the main structure setback requirements for the zone in which they are located as specified in Chapter 17.24 of the Moorpark Municipal Code, with the exception of utility mounted facilities, if all other requirements in Sections 17.42.070(B) and 17.42.070(C) can be met. In all instances, the determination of need for a larger setback for the facility may be considered by the city in connection with the processing of the applicable permit. (Ord. 396 § 3, 2011) - END - Resolution No. PC-2017-619 Page 8 EXHIBIT B STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) NO. 2016-05 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 allow City Welcome signage on the tower. Resolution No. PC-2017-619 Page 9 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. -End-