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HomeMy WebLinkAboutRES CC 2018 3756 2018 1017 RESOLUTION NO. 2018-3756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2017-02 AND CONDITIONAL USE PERMIT NO. 2017-02 TO ALLOW A SALES OFFICE, SHOWROOM, FABRICATION SHOP, AND OUTDOOR STORAGE ON A 2.65 ACRE LOT AT 14110 PRINCETON AVENUE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF MICHAEL BENNETT FOR THE BENNETT PARTNERSHIP WHEREAS, on September 18 2017, Michael Bennett of The Bennett Partnership, submitted an application for Industrial Planned Development (IPD) Permit No. 2017-02 and Conditional Use Permit (CUP) No. 2017-02 to allow a sales office, showroom, fabrication shop, and outdoor storage at 14110 Princeton Avenue; and WHEREAS, at a duly noticed public hearing on September 25, 2018, for IPD Permit No. 2017-02 and CUP No. 2017-02, 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 adopted Resolution No. PC-2018-632, recommending to the City Council approval of IPD Permit No. 2017-02 and CUP No. 2017-02 with conditions of approval; and WHEREAS, the Community Development Director has determined that IPD Permit No. 2017-02 and CUP No. 2017-02 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. There is no substantial evidence that the proposed uses would have a significant effect on the environment in that the site has already been graded and improved and used for industrial and outdoor storage uses. In addition, the proposed uses are consistent with the General Plan and Zoning regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council, based on its own independent analysis and judgment, concurs with the Community Development Director's determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA There is no substantial evidence that the proposed uses would have a significant effect on the environment in that the site has already been graded and improved and used for industrial and outdoor storage uses. In addition, the proposed uses are consistent with the General Plan and Zoning regulations. No further environmental documentation is needed. Resolution No. 2018-3756 Page 2 SECTION 2. PLANNED DEVELOPMENT 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 17.44.030: A. The site design, 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 site is planned and zoned for industrial uses, including outdoor storage. B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that the existing buildings comply with Zoning regulations, sufficient parking is provided on site, and surrounding uses are similar in nature. C. The proposed uses are compatible with existing and permitted uses in the surrounding area, which is part of the Limited Industrial (M-2) Zoning designation. SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report, 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(D): A. The proposed use is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that outdoor storage in the Limited Industrial (M-2) Zone is a conditionally-permitted use. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that outdoor storage is permitted in the Limited Industrial zone. C. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that conditions of approval have been proposed for appropriate screening and landscaping; D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of outdoor storage. E. The proposed outdoor storage use would not be detrimental to the public interest, health, safety, convenience, or welfare. Resolution No. 2018-3756 Page 3 SECTION 4. APPROVAL OF PROJECT: Based on all of the findings contained herein and all the evidence in the record of this matter, the City Council approves IPD Permit No. 2017-2 and CUP No. 2017-02 subject to the Standard and Special Conditions of Approval included in Exhibit A (Standard and Special Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. FILING OF RESOLUTION: 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 17th day of October, 2018. c t, - , , i 4 ce S. Parvin, Mayor ATTEST: , , 04k p-ul. t 41 hg Maureen Benson, City Clerk Ok AP 4,2 o A Exhibit A — Standard and Special Conditions of Approval Resolution No. 2018-3756 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2017-02 AND CONDITIONAL USE PERMIT NO. 2017-02 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Subdivisions and Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibits A), 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 OF APPROVAL 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. This Industrial Planned Development permit expires one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit must be made in writing, at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. 4. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 5. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided by the California Code of Civil Procedure Section 1094.6 and Government Code Section 65009. The City will promptly notify the Resolution No. 2018-3756 Page 5 applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; and ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 6. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 7. The development must be in substantial conformance with the plans presented in conjunction with the application for Industrial Planned Development No. 2017-02 and Conditional Use Permit No. 2017-02, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking layout shall require review and approval as determined by the Community Development Director consistent with Chapter 17.44 of the Zoning Ordinance. 8. Industrial Planned Development No. 2017-02 and Conditional Use Permit No. 2017-02 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.6 of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 9. Industrial Planned Development No. 2017-02 and Conditional Use Permit No. 2017-02 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 Resolution No. 2018-3756 Page 6 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. 10. The applicant shall comply with the terms of the March 7, 2018 Mutual Release and Pre-Litigation Settlement Agreement between The Bennett Partnership and The City of Moorpark, incorporated herein by reference. 11. Within sixty (60) days of approval of Industrial Planned Development Permit No. 2017-02, the applicant shall submit a color and material board for review and approval of the Community Development Director. Materials, textures and colors of the building shall be compatible with the existing buildings in the business park. All buildings on site must be painted as provided on the approved plans by April 30, 2019. 12. Within sixty (60) days of approval of Industrial Planned Development Permit No. 2017-02, the applicant shall submit a lighting and landscaping plan for review and approval by the Community Development Director, Parks and Recreation Director, and Police Chief that demonstrates compliance with the City's Zoning Ordinance, Landscape Standards and Guidelines, and Water Efficient Landscape Ordinance, and provides a safe and secure environment for the building occupants. All landscaping and lighting on site must be installed as provided on the approved plans by April 30, 2019. 13. None of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the City's Landscape Standards and Guidelines shall be used on the development site. 14. Within sixty (60) days of approval of Industrial Planned Development Permit No. 2017-02, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Program Manager. 15. All necessary permits must be obtained from the Building and Safety Division and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 16. The number of parking spaces shall be maintained consistent with Chapter 17.32 of the Zoning Ordinance. 17. Repair and maintenance of vehicles on the site is limited to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday. Within thirty (30) days of approval of the Conditional Use Permit, the applicant must provide for review and approval of the Community Development Director a site plan showing a designated area for vehicle repair and maintenance to minimize off-site noise impacts. Once the site plan is approved, all vehicle repair and maintenance must take place within the approved area. Resolution No. 2018-3756 Page 7 18. Parking and outdoor storage areas must be developed and maintained in compliance with the Moorpark Municipal Code, and surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director and City Engineer/Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, and striping and appropriate wheel blocks or curbs in parking areas adjacent to landscaped areas. All parking space striping must be maintained to be clearly visible during the life of the development. 19. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 20. Storage of fencing supplies, portable toilets, vehicles and equipment must take place in areas not visible from the adjacent Princeton Avenue public right-of-way, once Princeton Avenue improvements are completed adjacent to the subject property. Within thirty (30) days of approval of the Industrial Planned Development Permit No. 2017-02 and Conditional Use Permit No. 2017-02, the applicant must provide for review and approval of the Community Development Director a site plan showing the storage location. 21. Maintenance of portable toilets shall be conducted in a manner to avoid spillage or odors to the satisfaction of the Community Development Director. 22. By accepting this permit, the applicant agrees to cast affirmative ballots for the formation of one or more assessment districts and levying of assessments, for the maintenance of parkway landscaping within the right-of-way between the front property line and curb (City Landscape Maintenance District (LMD)), including but not limited to all water and electricity costs. The applicant further agrees to provide for maintenance of parkway landscaping within the right-of-way between the front property line and curb in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. 23. If at any time it is determined that the use is not consistent with the City's noise requirements, the applicant will be required to implement appropriate measures as determined by the Community Development Director to bring the use into compliance with provisions of the City's Noise Element of the General Plan and the noise standards in the Moorpark Municipal Code. 24. All trucking associated with this use shall comply with Title 10 (Vehicles and Traffic) of the Moorpark Municipal Code and the City's adopted truck routes (Resolution No. 2006-2534 or its successor). 25. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. Resolution No. 2018-3756 Page 8 Engineering / Public Works 26. A final design and construction schedule for the relocation of the improved driveway must be approved by the State and City Engineer. 27. Obtain coverage under the California Industrial General Permit 2014-0057-DWQ (Permit), or provide documentation supporting Permit coverage will not be required. -End- Resolution No. 2018-3756 Page 9 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. 2018-3756 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 17th day of October, 2018, 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 18th day of October, 2018. Maureen Benson, City Clerk o',2,;omiggI*71'Zollre40p C i i 47 40