Loading...
HomeMy WebLinkAboutAGENDA REPORT 2002 1106 CC REG ITEM 08AMOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council ITEM SO. A • FROM: Barry K. Hogan, Community Development Direc41V Prepared By: Joseph F. Fiss, Principal Plan DATE: October 25, 2002 (CC Meeting of 11/6/02) TTN SUBJECT: Consider Major Modification No. 3 to CPD No 89 -01 (Mission Bell Plaza) to Allow Tenant Improvements in the existing Theater Building for an 26,000 Square Foot Fitness /Sports Club with an 8,500 Square Foot, Three Theater Cinema, with 500 Seat Maximum, and Outdoor Swimming Pool with Decking and Fencing. BACKGROUND Mission Bell Plaza, is located on the north side of Los Angeles Avenue and west of Park Lane. On October 17, 1990, the City Council certified the EIR and approved Commercial Planned Development (CPD) 89 -01 and -02 for a conventional retail /office center within 2 large "phases ". The original project approval consisted of medical offices, a day care center, retail commercial space; restaurant space; and a gas station /car wash. In 1991, Major Modification No. 1 revised the proposal to allow 221,440 square feet of retail commercial space, 24,000 square feet of restaurants, a 2,300 square foot gas station, 9,000 square feet of medical /dental offices and a 9,200 square foot outdoor plant nursery. In 1994, Major Modification No. 2 revised the western phase (CPD 89 -01) of Mission Bell Plaza further, to modify the square footages and include a movie theater, created several "pads" and created specific categories of uses. Modification No. 3 to CPD No. 89 -01 proposes tenant improvements to the former theater building creating an +26,000 square foot fitness /sports club, an +8,500 square foot, three theater cinema with a 500 stadium seat maximum, and outdoor swimming pool with decking and fencing. S: \Community Development \= PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \staff report \021106 cc .doc 000001 Honorable City Council November 6, 2002 Page 2 DISCUSSION Project Setting Mission Bell Plaza is an existing commercial retail center on the north side of Los Angeles Avenue west of Park Lane. The center currently has a number of vacancies, including the former Regal, 8 screen theater building. The proposed modification includes tenant improvements to the theater building that would create a health club, three (3) screen cinema and outdoor swimming pool. Project Summary Proposed Use Building Area (sq. ft.) Health Club Facility 26,000 Three Theater Cinema (500 Seats) 8,500 Outdoor Pools, Spa, and Children's Play Area N/A Total 34,500 Proposed Project Tenant Improvements: The tenant improvements consist of a +26,000 square foot fitness /sports club with a +8,500 square foot, 500 seat maximum three theater cinema within the existing eight -plex theater building. The improvements will include locker rooms, workout rooms, group exercise rooms a child care room and three stadium seated theaters. The lap pool, spa, children's pool and play area are proposed within an outdoor fenced area on the north side of the building. The theater and the health club will share a common access and lobby; however, interior circulation will be separated. Architecture: Windows are being added to the north elevation to allow for natural light in the fitness /sports club portion of the building. Minor exterior changes are anticipated with respect to entrances /exits and signage. During the building plan check process, there may be some additional minor changes to meet the Building Code, but no significant architectural changes are anticipated. The outdoor swimming pool will involve not only construction of the pool, but decking and fencing as well. Honorable City Council November 6, 2002 Page 3 Signage: The applicant has not yet proposed new signage for the facility. Any new signage must be consistent with the Sign Program approved for the center. The original marquee sign approved for the theater is proposed to remain. The applicant has not yet suggested how this sign will be utilized. This item is discussed in more detail in the Analysis section of this report. Circulation: Staff has analyzed the site plan with respect to on -site, off -site and pedestrian circulation. There are several areas of concern that are analyzed more fully below. These include access to adjacent parcels via reciprocal access easements /agreements and pedestrian /vehicular access on and through the site from the adjacent (west) residential community. Parking: The proposed development would require approximately 230 parking spaces as follows: Use Parking Required Parking Provided Health Club /Spa 87 26,000 sf /300 Theaters 143 714 500 seats /3.5 (includes 21 (includes 107 compact) compact) Total 230 714 The theater was originally approved with 2,500 fixed seats, which required a total of 714 parking spaces. At that time, 107 compact parking spaces (fifteen percent (15 %) of the required parking spaces for the theater) were permitted, consistent with the Zoning Ordinance. With the smaller theater, a lesser number of compact spaces will be allowed. A condition of approval has been added to require that the parking lot be re- striped to reflect this change. The 484 parking spaces provided beyond Code requirements could be used for future expansion of the center. A small percentage of parking spaces will be lost due to the re- striping of compact spaces, reciprocal access, and ADA /Title 24 (Accessibility) requirements. C00�013 Honorable City Council November 6, 2002 Page 4 ANALYSIS Staff analysis of the proposed project has identified the following five areas for City Council consideration: • Signs • Vehicular Circulation • Pedestrian Circulation • Landscaping • Proposed Use Signs: There is no proposal for use of the existing theater marquee sign. Staff anticipates that the three - theater cinema would utilize at least a portion of the marquee sign. The use of the marquee sign as well as all other proposed signs would require review and approval by the Community Development Director. If necessary, the Community Development Director may modify the existing Sign Program. Vehicular Circulation: There are several issues with respect to on- and off -site vehicular circulation. Good planning and engineering practice includes the reduction of access points along major streets to minimize traffic conflict and improve traffic flow. Limitations on the number of driveways along Los Angeles Avenue have been a long- standing goal of the City. By providing reciprocal vehicular access across adjacent commercial properties, off -site vehicular circulation is minimized, and traffic flow is improved. By providing vehicular access from the adjacent westerly site through Mission Bell Plaza, vehicles would be able to utilize the traffic signal at the Plaza for eastbound trips. The Community Development Department has on file, a request to amend the General Plan and rezone the parcel to the west for residential purposes. If the general plan designation is changed reciprocal access would not be needed. A special condition has been added. Lassen Avenue terminates on both the east and west sides of Mission Bell Plaza. The on -site access along the rear portion of Mission Bell Plaza, behind the Albertson's market and the theater building is currently without any traffic calming devices, allowing vehicles to speed through the center to east Lassen Avenue. With the increased traffic expected from the approval of these uses staff C00004 Honorable City Council November 6, 2002 Page 5 feels that it would be appropriate to have the applicant install a traffic hump, to the satisfaction of the City Engineer. This would slow the traffic down and improve safety. A special condition has been added. Pedestrian Circulation: Currently, there is vehicular access between this site and the adjacent residential neighborhood to the west at the terminus of Lassen Avenue. However, safe pedestrian access is limited since the public sidewalk terminates at the property line, forcing pedestrians to walk through landscaping and parking areas to reach the pedestrian access to Poindexter Park located at the northern boundary of the Mission Bell Plaza site. This pedestrian access is heavily used by nearby residents for access to the park and as a route to Chaparral Middle School. A paved, clearly delineated connection should be required, connecting the terminus of the sidewalk on Lassen Street to the pedestrian access at Poindexter Park. This would eliminate vehicle and pedestrian conflicts and provide safe pedestrian access to Mission Bell Plaza and Poindexter Park. Additionally, the interface between this site and Poindexter Park should be enhanced with decorative elements that would not only clearly define the park entrance, but would also discourage vehicles from parking and blocking the entrance. Decorative elements could include a combination of decorative paving, boulders, pilasters or bollards. The connection and interface shall be designed to the satisfaction of the Community Development Director. A special condition has been added. Landscaping: The applicant has proposed to construct a pool and decking north of the existing theater building. This area was originally planned for the extension of the theater building and was landscaped in the interim. With the installation of a pool, decking and associated fencing, additional landscaping will be needed. The landscaping should provide screening as well as compliment the architecture. A special condition has been added. Permitted Uses: The floor plan shows rooms for massage services within the locker room area. Section 5.48.020 of the Moorpark Municipal Code requires that the person engaged in the business of acting as a massage technician shall hold a valid massage technician license duly issued by the sheriff. A special condition has been added. CO-3005 Honorable City Council November 6, 2002 Page 6 ENVIRONMENTAL DETERMINATION An Environmental Impact Report (EIR), and two Addenda were previously prepared for the approved CPD (Mission Bell Plaza and Greenleaf Apartments). The existing documentation fully addresses the components of the Zoning Ordinance related to changes of land use within the existing project. The California Environmental Quality Act allows the preparation of an EIR Addendum when the modifications to a project would not require major revisions to the EIR, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects. The decision to prepare an Addendum must be supported by substantial evidence. In this case, tenant improvements and a change in use would occur within and adjacent to an existing building. No significant impacts from this modification are expected. The application and its exhibits, along with the City Council staff report, provide sufficient and substantial evidence to constitute a third Addendum to the Mission Bell Plaza EIR. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing; 2. Adopt Resolution No. 2002- approving Major Modification 3 to Commercial Planned Development 89 -01 subject to Conditions of Approval. Attachments: 1. Site Map 2. Draft City Council Resolution approving Major Modification 3 to Commercial Planned Development 89 -1, with Conditions of Approval. 3. Architectural Exhibits (Site Plan, Floor Plans and Elevations) A � WALNUT CANYON 1 HIGH ST. INDEXTER ( TO WY 118) -� SITE LASS T. a CL ui 5 oc �1 Z 0 l TO FWY 101) LOS ANGELF-S !X AYE. X a cl M 00 LU M w Om Jm 2 SITE MAP ATTACHMENT 1 00000 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MAJOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 1989 -01 LOCATED AT 543 W. LOS ANGELES AVENUE, ON THE APPLICATION OF MOORPARK CLUB, LLC. (ASSESSOR PARCEL NOS. 511 -0- 080 -645) WHEREAS, at a duly noticed public hearing on November 6 2002, the City Council considered Major Modification No. 3 to Commercial Planned Development Permit (CPD) No. 1989 -01 on the application of Moorpark Club LLC. to allow tenant improvements in an existing theater building to construct a +26,000 square foot fitness /sports club with a +8,500 square foot, three theater cinema, with a 500 seat maximum, and an outdoor swimming pool with decking and fencing, located at 543 W. Los Angeles Avenue within Mission Bell Plaza, (Assessor Parcel Nos. 511 -0- 080 -545); and WHEREAS, at its meeting of November 6, 2002, the City Council conducted a public hearing, received public testimony, and closed the public hearing. WHEREAS, the City Council after review and consideration of the information contained in the staff report and public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that the aforementioned Major Modification to the CPD is consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: An Environmental Impact Report (EIR) and two Addenda were previously prepared for the approved Commercial Planned Development (Mission Bell Plaza and Greenleaf Apartments). The change of use will not result in a significant physical change in the environment and therefore, does not require any further environmental documentation. The application and its exhibits, along with the City Council staff report, provide sufficient and substantial evidence to constitute a third Addendum to the Mission Bell Plaza EIR. SECTION 3. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the special conditions and attached standard conditions of approval meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: ATTACHMENT 2 r� Ii Resolution No. 2002 - Page 2 A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code. B. The proposed use is compatible with the character of the surrounding development. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character. SECTION 4. CITY COUNCIL APPROVAL: The City Council hereby approves Major Modification 3 to CPD 1989 -01: A. Subject to the following special conditions of approval: 1. All findings and conditions of CPD No. 1989 -01 and 1989 -02 and all subsequent Minor or Major Modifications shall remain binding and in full force, except as modified by these conditions. 2. All uses and activities, except as shown in Attachment 2 of the agenda report, shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 3. No more than fifteen percent (150) of the required parking spaces for the 500 seat theater shall be compact parking spaces, consistent with the Zoning Ordinance. Prior to occupancy, the parking lot shall be re- striped to reflect this change. All compact parking spaces shall be labeled with the words "COMPACT ONLY" at the rear of the parking space adjacent to the aisle. The lettering shall be 8- inches high. 4. All proposed signs, including use of the marquee sign shall be reviewed and subject to approval by the Community Development Director. If necessary, the Community Development Director may modify the existing Sign Program. S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc C OOD019 Resolution No. 2002 - Page 3 5. Prior to the issuance of a certificate of occupancy for the theater and fitness /sport complex a reciprocal access agreement recorded between this development and the currently unimproved commercially zoned parcel to the west. The agreement shall specify the location, width, maintenance and other appurtenant details of access. The agreement shall be approved as to form by the City Attorney and the Community Development Director. Once approved and executed, the agreement shall be recorded in the office of the Ventura County Recorder. Should the adjacent parcel to the west be rezoned for residential use prior to the issuance of a certificate of occupancy, no reciprocal access agreement shall be necessary. 6. A paved, clearly delineated connection shall be required, connecting the terminus of the sidewalk on Lassen Street to the pedestrian access at Poindexter Park. The interface between the site and Poindexter Park shall be enhanced with decorative elements that will not only clearly define the park entrance, but will also discourage vehicles from parking and blocking the entrance. Decorative elements could include a combination of decorative paving, boulders, pilasters or bollards. The connection and interface shall be designed to the satisfaction of the Community Development Director. 7. Prior to the issuance of a certificate of occupancy the Permittee shall provide the Community Development Director with proof that person(s) engaged in, conducting or carrying on the business of acting as a massage technician hold(s) a valid massage technician license duly issued by the sheriff consistent with Section 5.48.020 of the Moorpark Municipal Code. 8. Prior to the issuance of a certificate of occupancy the applicant shall install a speed hump, the design and installation to the satisfaction of the City Engineer, shall be installed in the travel aisle located at the rear of the theater and Albertson's market buildings. 9. Prior to the issuance of a certificate of occupancy, the applicant shall submit a landscape plan for review and approval along with the required fees for review and inspection. The landscape plan shall provide calculations which prove that the landscaping provided meets the requirement of the Zoning Ordinance. The landscaping shall include planting to screen /obsure the northern wall, screen the pool area and to enhance the S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 4 entrance to the Park. Approval of the landscape plans shall be to the satisfaction of the Community Development Director. B. Subject to the standard conditions of approval in Exhibit A (Standard Conditions of Approval) attached hereto and incorporated herein by reference. 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 6th day of November, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Standard Conditions of Approval S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 5 EXHIBIT A STANDARD CONDITIONS OF APPROVAL FOR MAJOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT NO. 1989 -01 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS A. GENERAL REQUIREMENTS 1. The Permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 2. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) business days after notification. 3. This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations on file in the Community Development Department office. The location of all site improvements shall be as shown on the approved plot plans and elevations on file in the Community Development Department Office, except or unless otherwise indicated in the special conditions included in the resolution, or herein in the following conditions. All proposed uses of these buildings shall require the issuance of a Zoning Clearance from the Community Development Department. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 4. This development is subject to all applicable regulations of the CPD Zone, and all requirements and enactments of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 5. In the event that the uses for which the CPD Permit as approved is 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 business unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc s-, A .1-4 ID.J.a. Resolution No. 2002 - Page 6 result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 8. The Permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve Permittee of his /her obligation under this condition. 9. In order to determine if the proposed use(s) are compatible with the zoning and terms and conditions of the permit prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for and receive a Zoning Clearance from the Community Development Department. 10. Prior to commencement of any use approved under this permit, the issuance of a Certificate of Occupancy by the Building and Safety Department shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed or the Permittee has provided a faithful performance surety. At the discretion of the Community Development Director and upon the posting of surety by the Permittee, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 11. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator (s) of the subject building, the current or new owner shall file the name (s) and addresses) of the new owner(s), lessee (s) or operator (s) with the Community Development Department. The S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 7 change of ownership. letter shall include an acknowledgement that the new owner agrees with all conditions of this permit. 12. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the Permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director shall be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and to determine if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 13. Prior to the issuance of a building permit, the Permittee shall provide proof to the Building Division that all contractors doing work in Moorpark have a valid Business Registration Permit. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. B. BUILDING AND SITE PLAN REQUIREMENTS 14. Final construction working drawings, grading and drainage plans, plot plans, building colors and materials, sign programs, and landscaping and irrigation plans shall be submitted to the Community Development Director for review and approval prior to the issuance of any permit and prior to any construction. 15. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one (1) year after this permit is granted this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Permittee can document that he /she has diligently worked towards inauguration of the project during the initial one (1) year period. The request for extension of this entitlement must be made in writing to the Community Development Director, at least thirty (30) -days prior to the expiration date of the permit. 16. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Community Development Department. S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 8 17. Certificate of Occupancy shall be withheld until the Permittee has provided proof of compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials as required by the Ventura County, Air Pollution Control District. 18. The Permittee and his /her successors, heirs, and assigns shall remove any graffiti within five (5) business days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 19. The Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. The Permittee shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 20. The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Permittee shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the Permittee fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 21. If skylights are used, the material utilized shall be designed so as to minimize the light from the inside of the building to the exterior. Skylights are subject to the review and approval of the Community Development Director. 22. All roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study, prepared by a licensed Acoustical Engineer in accordance with acceptable engineering standards, be submitted for review and approval which demonstrates that all on -site S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 9 noise generation sources will be mitigated to the required level 23. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. Prior to any restriping of the parking lot a zoning clearance shall be obtained. 24. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 25. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 26. Permittee shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Permittee shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Permittee's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. 27. All improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required and all accepted construction practices, as determined by the City Engineer, without exception. 28. Should the Plans prove to be inadequate in any respect to federal, state or local law with respect to the Clean Water Act and other such laws, as determined by City in its sole discretion, then Permittee shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such improvements are performed in accordance S: \Community Development \= PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc 0 ��1'1 v +.F ie Resolution No. 2002 - Page 10 with said City standards and regulations in effect at the time of construction of the improvements. 29. The City Engineer or his /her duly authorized representative, upon request of Permittee, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. 30. At all times during the construction of Improvements, Permittee shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 31. Permittee shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 32. In the event any of the Improvements are determined to be defective within the time provided herein, Permittee shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Permittee fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work to be performed before Permittee can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Permittee and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 33. Permittee shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Permittee shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc -1,A'Y3�Y eI va{ 'as � �+ .�. 8% JOEL I. CANTOR AIA • ARCHRECT 3.40 BRANNAN STREET SUITE 11 AN FRANCISCO ' CA 94107 4159579755 NaRTH W 0-1 + + ZL rA tT 5: 1;0 . avATIOH ve I uu &W-L of.bo"Is-ll 4NIIII-d bl".Wa .W's (3) A JOEL B. CAMI AlA ARCHTECT 3405RANNANStiffr SURE NI SAN FRANCISCO CA 94107 p, A159579755 Iff L All, oinloWniOlor 0. .I JOEL R. CANTOR ALA ARCNRECT 1 J _ NO 9RANNAN STREET SURE 401 SAN FRANCISCO CA 94107 .15 957 9755 it J (FEL kU 1 a`� I 0 7 pet.,, � E 2 r. Sep 27 02 04:12p EPI`' Enterprises FROM : JOEL P. CANTOR AIA ARCHITECT FAX NO. : 415 9571677 925 "A3 9992 p.2 Jun. 19 2882 11:26AM P1 t n� tl V` v g0 11 D 9 V o()Dtu#�w NOV ub ue UJ:bup Real Estate Department File A'a 2074.0028 ITEM to • KULIK, GOTTE SMAN & MOUTON, LLP Via Facsimile (805)529 -8270 Attorneys at Law Comerica Bank Building 15303 Ventura Boulevard Suite 1400 Sherman Oaks, Calif orrlia 91403 November 6, 2002 The Honorable Mayor Patrick Hunter Mr. Barry K. Hogan City of Moorpark Community Development Director 799 Moorpark Avenue City of Moorpark Moorpark, California 93021 799 Moorpark Avenue Moorpark, California 93021 Mr. Scott Wolfe Principal Planner City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Maior Modification No. 32CPD No. 89 -01 (Mission Bell Plaza) Dear Mayor Hunter and Messrs. Hogan and Wolfe: Telephone (310) 557.9200 (818) 817 -3600 Facsimile (310) 557 -0224 kmuton@kmlaw.com Our law offices represent Mission Bell Plaza, LLC which owns the Mission Bell Plaza shopping center at Los Angeles Avenue and Park Lane. Tonight, the Moorpark City Council will consider application of Moorpark Club LLC to take the bankrupt former Regal Cinema space in the Mission Bell Plaza and convert a portion of the premises to a neighborhood serving health and fitness gym. We are advised that the conversion of a portion of the bankrupt theater space to a health and fitness center is eagerly anticipated by the community. Unfortunately, the City has seized upon this community serving change in use application as an opportunity to illegally impose upon the shopping center owner a condition favoring a neighboring property owner which has no reasonable relationship to the proposed health facility. Specifically, City planning staff has imposed upon Moorpark Club LLC's application a condition that Mission Bell Plaza, LLC grant to and obtain from the adjacent property owner a reciprocal easement agreement that would permit vehicles to transverse the Mission Bell Plaza shopping center and the adjacent vacant lot. The illegality of the imposition of this condition to this specific application is based on the fact that there is no reasonable connection between the reciprocal easement condition and any "burdens" imposed by the change in use. The lack of the required "nexus" is evident in the p.2 Nov 06 02 03:50p KULIK, GOTTMMAN & MOUTON, LLP November 6, 2002 Page 2 planning staff report. The staff report candidly admits that it has long been the desire of the City to obtain a reciprocal easement agreement from the owner of the Mission Bell Plaza shopping center for the benefit of the adjacent undeveloped parcel. As City staff knows, Mission Bell Plaza, LLC respectfully declined a request from the City several years ago to grant the very same reciprocal easement agreement which is now being imposed as a condition on the modification application. Mission Bell Plaza, LLC declined the invitation for reasons relating to shopping center identification, adverse traffic flow, liability prevention and esthetics. The fact that the reciprocal easement agreement has long been the goal of the City and was requested several years ago rather obviously makes the point that there is nothing about this particular land use application that is reasonably related to the reciprocal easement agreement condition. Furthermore, the "burdens" of the proposed project will be less than those which existed under the Regal Cinema use. Specifically, the proposed change in use will result in approximately 500 fewer cars ear da . California case law clearly prohibits the imposition of the reciprocal easement condition under these circumstances (see for example Rohn v. Visalia) and the nexus requirement has been codified in California Government Code Section 65909. In conclusion, Mission Bell Plaza, LLC supports the proposed modification and all conditions thereto with the sole exception of the reciprocal easement agreement condition. We respectfully submit that the imposition of the illegal reciprocal easement agreement condition would, amongst other things, constitute a violation of our client's constitutional rights and would permit it to seek damages from the City. KYM:aw Sincerely, �64�J. Kent Y. Mouton, Esq. KULIK, GOTTESMAN & MOUTON, LLP p.3 MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council ITEM SO. A • FROM: Barry K. Hogan, Community Development Direc41V Prepared By: Joseph F. Fiss, Principal Plan DATE: October 25, 2002 (CC Meeting of 11/6/02) TTN SUBJECT: Consider Major Modification No. 3 to CPD No 89 -01 (Mission Bell Plaza) to Allow Tenant Improvements in the existing Theater Building for an 26,000 Square Foot Fitness /Sports Club with an 8,500 Square Foot, Three Theater Cinema, with 500 Seat Maximum, and Outdoor Swimming Pool with Decking and Fencing. BACKGROUND Mission Bell Plaza, is located on the north side of Los Angeles Avenue and west of Park Lane. On October 17, 1990, the City Council certified the EIR and approved Commercial Planned Development (CPD) 89 -01 and -02 for a conventional retail /office center within 2 large "phases ". The original project approval consisted of medical offices, a day care center, retail commercial space; restaurant space; and a gas station /car wash. In 1991, Major Modification No. 1 revised the proposal to allow 221,440 square feet of retail commercial space, 24,000 square feet of restaurants, a 2,300 square foot gas station, 9,000 square feet of medical /dental offices and a 9,200 square foot outdoor plant nursery. In 1994, Major Modification No. 2 revised the western phase (CPD 89 -01) of Mission Bell Plaza further, to modify the square footages and include a movie theater, created several "pads" and created specific categories of uses. Modification No. 3 to CPD No. 89 -01 proposes tenant improvements to the former theater building creating an +26,000 square foot fitness /sports club, an +8,500 square foot, three theater cinema with a 500 stadium seat maximum, and outdoor swimming pool with decking and fencing. S: \Community Development \= PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \staff report \021106 cc .doc 000001 Honorable City Council November 6, 2002 Page 2 DISCUSSION Project Setting Mission Bell Plaza is an existing commercial retail center on the north side of Los Angeles Avenue west of Park Lane. The center currently has a number of vacancies, including the former Regal, 8 screen theater building. The proposed modification includes tenant improvements to the theater building that would create a health club, three (3) screen cinema and outdoor swimming pool. Project Summary Proposed Use Building Area (sq. ft.) Health Club Facility 26,000 Three Theater Cinema (500 Seats) 8,500 Outdoor Pools, Spa, and Children's Play Area N/A Total 34,500 Proposed Project Tenant Improvements: The tenant improvements consist of a +26,000 square foot fitness /sports club with a +8,500 square foot, 500 seat maximum three theater cinema within the existing eight -plex theater building. The improvements will include locker rooms, workout rooms, group exercise rooms a child care room and three stadium seated theaters. The lap pool, spa, children's pool and play area are proposed within an outdoor fenced area on the north side of the building. The theater and the health club will share a common access and lobby; however, interior circulation will be separated. Architecture: Windows are being added to the north elevation to allow for natural light in the fitness /sports club portion of the building. Minor exterior changes are anticipated with respect to entrances /exits and signage. During the building plan check process, there may be some additional minor changes to meet the Building Code, but no significant architectural changes are anticipated. The outdoor swimming pool will involve not only construction of the pool, but decking and fencing as well. Honorable City Council November 6, 2002 Page 3 Signage: The applicant has not yet proposed new signage for the facility. Any new signage must be consistent with the Sign Program approved for the center. The original marquee sign approved for the theater is proposed to remain. The applicant has not yet suggested how this sign will be utilized. This item is discussed in more detail in the Analysis section of this report. Circulation: Staff has analyzed the site plan with respect to on -site, off -site and pedestrian circulation. There are several areas of concern that are analyzed more fully below. These include access to adjacent parcels via reciprocal access easements /agreements and pedestrian /vehicular access on and through the site from the adjacent (west) residential community. Parking: The proposed development would require approximately 230 parking spaces as follows: Use Parking Required Parking Provided Health Club /Spa 87 26,000 sf /300 Theaters 143 714 500 seats /3.5 (includes 21 (includes 107 compact) compact) Total 230 714 The theater was originally approved with 2,500 fixed seats, which required a total of 714 parking spaces. At that time, 107 compact parking spaces (fifteen percent (15 %) of the required parking spaces for the theater) were permitted, consistent with the Zoning Ordinance. With the smaller theater, a lesser number of compact spaces will be allowed. A condition of approval has been added to require that the parking lot be re- striped to reflect this change. The 484 parking spaces provided beyond Code requirements could be used for future expansion of the center. A small percentage of parking spaces will be lost due to the re- striping of compact spaces, reciprocal access, and ADA /Title 24 (Accessibility) requirements. C00�013 Honorable City Council November 6, 2002 Page 4 ANALYSIS Staff analysis of the proposed project has identified the following five areas for City Council consideration: • Signs • Vehicular Circulation • Pedestrian Circulation • Landscaping • Proposed Use Signs: There is no proposal for use of the existing theater marquee sign. Staff anticipates that the three - theater cinema would utilize at least a portion of the marquee sign. The use of the marquee sign as well as all other proposed signs would require review and approval by the Community Development Director. If necessary, the Community Development Director may modify the existing Sign Program. Vehicular Circulation: There are several issues with respect to on- and off -site vehicular circulation. Good planning and engineering practice includes the reduction of access points along major streets to minimize traffic conflict and improve traffic flow. Limitations on the number of driveways along Los Angeles Avenue have been a long- standing goal of the City. By providing reciprocal vehicular access across adjacent commercial properties, off -site vehicular circulation is minimized, and traffic flow is improved. By providing vehicular access from the adjacent westerly site through Mission Bell Plaza, vehicles would be able to utilize the traffic signal at the Plaza for eastbound trips. The Community Development Department has on file, a request to amend the General Plan and rezone the parcel to the west for residential purposes. If the general plan designation is changed reciprocal access would not be needed. A special condition has been added. Lassen Avenue terminates on both the east and west sides of Mission Bell Plaza. The on -site access along the rear portion of Mission Bell Plaza, behind the Albertson's market and the theater building is currently without any traffic calming devices, allowing vehicles to speed through the center to east Lassen Avenue. With the increased traffic expected from the approval of these uses staff C00004 Honorable City Council November 6, 2002 Page 5 feels that it would be appropriate to have the applicant install a traffic hump, to the satisfaction of the City Engineer. This would slow the traffic down and improve safety. A special condition has been added. Pedestrian Circulation: Currently, there is vehicular access between this site and the adjacent residential neighborhood to the west at the terminus of Lassen Avenue. However, safe pedestrian access is limited since the public sidewalk terminates at the property line, forcing pedestrians to walk through landscaping and parking areas to reach the pedestrian access to Poindexter Park located at the northern boundary of the Mission Bell Plaza site. This pedestrian access is heavily used by nearby residents for access to the park and as a route to Chaparral Middle School. A paved, clearly delineated connection should be required, connecting the terminus of the sidewalk on Lassen Street to the pedestrian access at Poindexter Park. This would eliminate vehicle and pedestrian conflicts and provide safe pedestrian access to Mission Bell Plaza and Poindexter Park. Additionally, the interface between this site and Poindexter Park should be enhanced with decorative elements that would not only clearly define the park entrance, but would also discourage vehicles from parking and blocking the entrance. Decorative elements could include a combination of decorative paving, boulders, pilasters or bollards. The connection and interface shall be designed to the satisfaction of the Community Development Director. A special condition has been added. Landscaping: The applicant has proposed to construct a pool and decking north of the existing theater building. This area was originally planned for the extension of the theater building and was landscaped in the interim. With the installation of a pool, decking and associated fencing, additional landscaping will be needed. The landscaping should provide screening as well as compliment the architecture. A special condition has been added. Permitted Uses: The floor plan shows rooms for massage services within the locker room area. Section 5.48.020 of the Moorpark Municipal Code requires that the person engaged in the business of acting as a massage technician shall hold a valid massage technician license duly issued by the sheriff. A special condition has been added. CO-3005 Honorable City Council November 6, 2002 Page 6 ENVIRONMENTAL DETERMINATION An Environmental Impact Report (EIR), and two Addenda were previously prepared for the approved CPD (Mission Bell Plaza and Greenleaf Apartments). The existing documentation fully addresses the components of the Zoning Ordinance related to changes of land use within the existing project. The California Environmental Quality Act allows the preparation of an EIR Addendum when the modifications to a project would not require major revisions to the EIR, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects. The decision to prepare an Addendum must be supported by substantial evidence. In this case, tenant improvements and a change in use would occur within and adjacent to an existing building. No significant impacts from this modification are expected. The application and its exhibits, along with the City Council staff report, provide sufficient and substantial evidence to constitute a third Addendum to the Mission Bell Plaza EIR. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing; 2. Adopt Resolution No. 2002- approving Major Modification 3 to Commercial Planned Development 89 -01 subject to Conditions of Approval. Attachments: 1. Site Map 2. Draft City Council Resolution approving Major Modification 3 to Commercial Planned Development 89 -1, with Conditions of Approval. 3. Architectural Exhibits (Site Plan, Floor Plans and Elevations) A � WALNUT CANYON 1 HIGH ST. INDEXTER ( TO WY 118) -� SITE LASS T. a CL ui 5 oc �1 Z 0 l TO FWY 101) LOS ANGELF-S !X AYE. X a cl M 00 LU M w Om Jm 2 SITE MAP ATTACHMENT 1 00000 RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MAJOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 1989 -01 LOCATED AT 543 W. LOS ANGELES AVENUE, ON THE APPLICATION OF MOORPARK CLUB, LLC. (ASSESSOR PARCEL NOS. 511 -0- 080 -645) WHEREAS, at a duly noticed public hearing on November 6 2002, the City Council considered Major Modification No. 3 to Commercial Planned Development Permit (CPD) No. 1989 -01 on the application of Moorpark Club LLC. to allow tenant improvements in an existing theater building to construct a +26,000 square foot fitness /sports club with a +8,500 square foot, three theater cinema, with a 500 seat maximum, and an outdoor swimming pool with decking and fencing, located at 543 W. Los Angeles Avenue within Mission Bell Plaza, (Assessor Parcel Nos. 511 -0- 080 -545); and WHEREAS, at its meeting of November 6, 2002, the City Council conducted a public hearing, received public testimony, and closed the public hearing. WHEREAS, the City Council after review and consideration of the information contained in the staff report and public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that the aforementioned Major Modification to the CPD is consistent with the City's General Plan. SECTION 2. ENVIRONMENTAL DOCUMENTATION: An Environmental Impact Report (EIR) and two Addenda were previously prepared for the approved Commercial Planned Development (Mission Bell Plaza and Greenleaf Apartments). The change of use will not result in a significant physical change in the environment and therefore, does not require any further environmental documentation. The application and its exhibits, along with the City Council staff report, provide sufficient and substantial evidence to constitute a third Addendum to the Mission Bell Plaza EIR. SECTION 3. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the special conditions and attached standard conditions of approval meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: ATTACHMENT 2 r� Ii Resolution No. 2002 - Page 2 A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code. B. The proposed use is compatible with the character of the surrounding development. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. E. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character. SECTION 4. CITY COUNCIL APPROVAL: The City Council hereby approves Major Modification 3 to CPD 1989 -01: A. Subject to the following special conditions of approval: 1. All findings and conditions of CPD No. 1989 -01 and 1989 -02 and all subsequent Minor or Major Modifications shall remain binding and in full force, except as modified by these conditions. 2. All uses and activities, except as shown in Attachment 2 of the agenda report, shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 3. No more than fifteen percent (150) of the required parking spaces for the 500 seat theater shall be compact parking spaces, consistent with the Zoning Ordinance. Prior to occupancy, the parking lot shall be re- striped to reflect this change. All compact parking spaces shall be labeled with the words "COMPACT ONLY" at the rear of the parking space adjacent to the aisle. The lettering shall be 8- inches high. 4. All proposed signs, including use of the marquee sign shall be reviewed and subject to approval by the Community Development Director. If necessary, the Community Development Director may modify the existing Sign Program. S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc C OOD019 Resolution No. 2002 - Page 3 5. Prior to the issuance of a certificate of occupancy for the theater and fitness /sport complex a reciprocal access agreement recorded between this development and the currently unimproved commercially zoned parcel to the west. The agreement shall specify the location, width, maintenance and other appurtenant details of access. The agreement shall be approved as to form by the City Attorney and the Community Development Director. Once approved and executed, the agreement shall be recorded in the office of the Ventura County Recorder. Should the adjacent parcel to the west be rezoned for residential use prior to the issuance of a certificate of occupancy, no reciprocal access agreement shall be necessary. 6. A paved, clearly delineated connection shall be required, connecting the terminus of the sidewalk on Lassen Street to the pedestrian access at Poindexter Park. The interface between the site and Poindexter Park shall be enhanced with decorative elements that will not only clearly define the park entrance, but will also discourage vehicles from parking and blocking the entrance. Decorative elements could include a combination of decorative paving, boulders, pilasters or bollards. The connection and interface shall be designed to the satisfaction of the Community Development Director. 7. Prior to the issuance of a certificate of occupancy the Permittee shall provide the Community Development Director with proof that person(s) engaged in, conducting or carrying on the business of acting as a massage technician hold(s) a valid massage technician license duly issued by the sheriff consistent with Section 5.48.020 of the Moorpark Municipal Code. 8. Prior to the issuance of a certificate of occupancy the applicant shall install a speed hump, the design and installation to the satisfaction of the City Engineer, shall be installed in the travel aisle located at the rear of the theater and Albertson's market buildings. 9. Prior to the issuance of a certificate of occupancy, the applicant shall submit a landscape plan for review and approval along with the required fees for review and inspection. The landscape plan shall provide calculations which prove that the landscaping provided meets the requirement of the Zoning Ordinance. The landscaping shall include planting to screen /obsure the northern wall, screen the pool area and to enhance the S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 4 entrance to the Park. Approval of the landscape plans shall be to the satisfaction of the Community Development Director. B. Subject to the standard conditions of approval in Exhibit A (Standard Conditions of Approval) attached hereto and incorporated herein by reference. 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 6th day of November, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Standard Conditions of Approval S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 5 EXHIBIT A STANDARD CONDITIONS OF APPROVAL FOR MAJOR MODIFICATION NO. 3 TO COMMERCIAL PLANNED DEVELOPMENT NO. 1989 -01 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS A. GENERAL REQUIREMENTS 1. The Permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 2. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The Permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) business days after notification. 3. This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations on file in the Community Development Department office. The location of all site improvements shall be as shown on the approved plot plans and elevations on file in the Community Development Department Office, except or unless otherwise indicated in the special conditions included in the resolution, or herein in the following conditions. All proposed uses of these buildings shall require the issuance of a Zoning Clearance from the Community Development Department. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 4. This development is subject to all applicable regulations of the CPD Zone, and all requirements and enactments of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 5. In the event that the uses for which the CPD Permit as approved is 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 business unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc s-, A .1-4 ID.J.a. Resolution No. 2002 - Page 6 result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 8. The Permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve Permittee of his /her obligation under this condition. 9. In order to determine if the proposed use(s) are compatible with the zoning and terms and conditions of the permit prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for and receive a Zoning Clearance from the Community Development Department. 10. Prior to commencement of any use approved under this permit, the issuance of a Certificate of Occupancy by the Building and Safety Department shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed or the Permittee has provided a faithful performance surety. At the discretion of the Community Development Director and upon the posting of surety by the Permittee, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 11. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator (s) of the subject building, the current or new owner shall file the name (s) and addresses) of the new owner(s), lessee (s) or operator (s) with the Community Development Department. The S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 7 change of ownership. letter shall include an acknowledgement that the new owner agrees with all conditions of this permit. 12. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the Permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director shall be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and to determine if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 13. Prior to the issuance of a building permit, the Permittee shall provide proof to the Building Division that all contractors doing work in Moorpark have a valid Business Registration Permit. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. B. BUILDING AND SITE PLAN REQUIREMENTS 14. Final construction working drawings, grading and drainage plans, plot plans, building colors and materials, sign programs, and landscaping and irrigation plans shall be submitted to the Community Development Director for review and approval prior to the issuance of any permit and prior to any construction. 15. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one (1) year after this permit is granted this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if the Permittee can document that he /she has diligently worked towards inauguration of the project during the initial one (1) year period. The request for extension of this entitlement must be made in writing to the Community Development Director, at least thirty (30) -days prior to the expiration date of the permit. 16. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Community Development Department. S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 8 17. Certificate of Occupancy shall be withheld until the Permittee has provided proof of compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials as required by the Ventura County, Air Pollution Control District. 18. The Permittee and his /her successors, heirs, and assigns shall remove any graffiti within five (5) business days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 19. The Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. The Permittee shall be required to pay a Condition Compliance deposit pursuant to the requirements of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 20. The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance." The Permittee shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the Permittee fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 21. If skylights are used, the material utilized shall be designed so as to minimize the light from the inside of the building to the exterior. Skylights are subject to the review and approval of the Community Development Director. 22. All roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study, prepared by a licensed Acoustical Engineer in accordance with acceptable engineering standards, be submitted for review and approval which demonstrates that all on -site S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc Resolution No. 2002 - Page 9 noise generation sources will be mitigated to the required level 23. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. Prior to any restriping of the parking lot a zoning clearance shall be obtained. 24. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 25. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 26. Permittee shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Permittee shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Permittee's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. 27. All improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required and all accepted construction practices, as determined by the City Engineer, without exception. 28. Should the Plans prove to be inadequate in any respect to federal, state or local law with respect to the Clean Water Act and other such laws, as determined by City in its sole discretion, then Permittee shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such improvements are performed in accordance S: \Community Development \= PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc 0 ��1'1 v +.F ie Resolution No. 2002 - Page 10 with said City standards and regulations in effect at the time of construction of the improvements. 29. The City Engineer or his /her duly authorized representative, upon request of Permittee, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. 30. At all times during the construction of Improvements, Permittee shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 31. Permittee shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 32. In the event any of the Improvements are determined to be defective within the time provided herein, Permittee shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Permittee fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work to be performed before Permittee can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Permittee and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 33. Permittee shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Permittee shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. S: \Community Development \DEV PMTS \C P D \1989 -01 Mission Bell \Maj Mod 3 \resolutions \cc 021016 f.doc -1,A'Y3�Y eI va{ 'as � �+ .�. 8% JOEL I. CANTOR AIA • ARCHRECT 3.40 BRANNAN STREET SUITE 11 AN FRANCISCO ' CA 94107 4159579755 NaRTH W 0-1 + + ZL rA tT 5: 1;0 . avATIOH ve I uu &W-L of.bo"Is-ll 4NIIII-d bl".Wa .W's (3) A JOEL B. CAMI AlA ARCHTECT 3405RANNANStiffr SURE NI SAN FRANCISCO CA 94107 p, A159579755 Iff L All, oinloWniOlor 0. .I JOEL R. CANTOR ALA ARCNRECT 1 J _ NO 9RANNAN STREET SURE 401 SAN FRANCISCO CA 94107 .15 957 9755 it J (FEL kU 1 a`� I 0 7 pet.,, � E 2 r. Sep 27 02 04:12p EPI`' Enterprises FROM : JOEL P. CANTOR AIA ARCHITECT FAX NO. : 415 9571677 925 "A3 9992 p.2 Jun. 19 2882 11:26AM P1 t n� tl V` v g0 11 D 9 V o()Dtu#�w