HomeMy WebLinkAboutRES PC 2019 638 2019 0423 RESOLUTION NO. PC-2019-638
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO.
2019-01 FOR THE SUBDIVISION OF A 6.96 ACRE DEVELOPED
LOT INTO FIVE PARCELS AT 140-146 LOS ANGELES AVENUE
(TUSCANY SQUARE SHOPPING CENTER), AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH, ON THE APPLICATION OF BRET
B. BERNARD, AICP (FOR MILAN CAPITAL MANAGEMENT)
WHEREAS, on May 2, 2018, Bret B. Bernard, AICP (for Milan Capital
Management) submitted an application for Tentative Parcel Map (TPM) No. 2019-01 for
the subdivision of a 6.96 acre developed lot into five parcels at 140-146 Los Angeles
Avenue (Tuscany Square Shopping Center); and
WHEREAS, at duly noticed public hearings on March 26 and April 23, 2019, for
TPM No. 2019-01, the Planning Commission considered the agenda report and any
supplements thereto and written public comments; opened the public hearing and took
and considered public testimony both for and against the proposal; closed the public
hearing and reached a decision on this matter; and
WHEREAS, the Community Development Department has determined that TPM
No. 2019-01 is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the
CEQA Guidelines because no physical change will occur in any of the existing
commercial buildings and there will be no expansion of the existing use. The proposed
development is consistent with the General Plan and Zoning regulations. In addition,
there is no substantial evidence that the project will have a significant effect on the
environment in that the site is fully developed.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission, based on its own independent analysis and judgment, concurs with the
Community Development Department's determination that the project is categorically
exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Sections 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The
proposed project, as conditioned, is consistent with the General Plan and Zoning
regulations. In addition, there is no substantial evidence that the project will have a
significant effect on the environment in that the site has already been graded. No
further environmental documentation is needed.
Resolution No. PC-2019-638
Page 2
SECTION 2. TENTATIVE PARCEL MAP PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings:
A. The proposed map, including its design, is consistent with the City's General Plan
and Zoning Ordinance as proposed, and conditioned, in that the map has been
designed to comply with the requirements of the City's General Plan in providing
five new commercial parcels within existing commercial development and it
meets Zoning standards for the Commercial Planned Development (CPD) Zone.
B. The site is physically suitable for the type of development proposed in that the
site has been engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress exists with a shared parking agreement in place,
and the site is provided with public and emergency services.
C. The site is physically suitable for the proposed intensity of development, in that
all City development standards, including parking, have been met by the
proposed project.
D. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental effects, in that the site has already been
developed.
E. The design of the subdivision is not likely to cause serious public health
problems, in that adequate sanitation and routine waste management exists on
property.
F. The design of the subdivision will not conflict with easements acquired by the
public at large, for access through, or use of the property within the proposed
subdivision, in that full access to and from Los Angeles Avenue, Moorpark
Avenue and Park Lane exists.
G. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Section 13000 et seq, in that the site is already
been developed.
SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of TPM No. 2019-01 subject to
the Special and Standard Conditions of Approval included in Exhibit A (Standard and
Special Conditions of Approval), attached hereto and incorporated herein by reference.
Resolution No. PC-2019-638
Page 3
SECTION 4. FILING OF RESOLUTION: The Community Development Director
shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES: Commissioners Di Cecco, Hamous, Landis, Vice Chair Haverstock,
and Chair Aquino
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, AND ADOPTED this 23th day of April, 2019.
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Debr. Aquino
Chair
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Karen Vaughn, AICP,
Community Develop '. = - Director
Exhibit A — Standard and Special Conditions of Approval
Resolution No. PC-2019-638
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR TENTATIVE PARCEL MAP NO. 2019-01
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 (Exhibit
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. The Final Map must include the final Conditions of Approval and a reference to
the adopted City Council resolution in a format acceptable to the Community
Development Director.
4. This subdivision expires two (2) years from the date of its approval. The
Community Development Director with the City Engineer's concurrence may, at
his/her discretion, grant up to one (1) additional one-year extension for map
recordation, if there have been no changes in the adjacent areas and if the
applicant can document that he/she has diligently worked towards Map
recordation during the initial period of time. The request for extension of this Map
must be made in writing, at least thirty calendar (30) days prior to the expiration
date of the map and must be accompanied by applicable entitlement processing
deposits.
5. All Conditions of Approval for Commercial Planned Development (CPD) No.
2005-02 and as may be amended are incorporated by reference in this approval
and shall continue to apply.
Resolution No. PC-2019-638
Page 5
6. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies
at the time of the entitlement approval, supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on
said Map and/or plans or on the entitlement application. This language shall be
added as a notation to the Final Map and/or to the final plans for the planned
development.
7. 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.
8. 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
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.
9. 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.
10. The development must be in substantial conformance with the plans presented in
conjunction with the application for Tentative Parcel Map No. 2019-01, 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.
Resolution No. PC-2019-638
Page 6
11. Parking areas must be maintained in compliance with the Moorpark Municipal
Code, and surfaced with asphalt, concrete, or other surface acceptable to the
Community Development Director, City Engineer/Public Works Director, and
must include adequate provisions for drainage, National Pollution Discharge
Elimination System (NPDES) compliance, 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.
12. The buildings must retain their architectural design. Minor changes to the design
consistent with the existing design of the shopping center may be considered by
the Community Development Director through a Permit Adjustment.
13. Parking and landscaping must be maintained in manner consistent with the
requirements of Chapters 12.12 and 17.32 of the Moorpark Municipal Code. All
planting and irrigation shall be in accordance with the city's Landscape Manual.
All required landscaping shall be permanently maintained in a healthy and
thriving condition, free from weeds, trash and debris. Any changes or landscape
treatment of the trees must be reviewed and approved by the Community
Development Director and Parks and Recreation Director.
14. Prior to Final Map approval and recordation, a declaration of Covenant,
Conditions and Restrictions (CC&Rs) shall be submitted for the review and
approval to the Community Development Director and City Attorney.
15. Prior to Final Map approval, a Property Owner's Association (POA) with a
parking and landscaping maintenance agreement; or operation and easement
agreement shall be recorded.
16. Prior to Final Map approval, an Irrevocable Offer of Dedication for parking and
access between this site and the commercial center to the west shall be
reviewed and approved by the Community Development Director and City
Engineer/Public Works Director, and subsequently recorded.
Engineering / Public Works
17. Prior to Final Map approval and recordation, provide drainage covenants from
adjacent property subject to the satisfaction of the City Engineer.
18. Prior to Final Map approval and recordation, provide access agreements and
covenants from adjacent property subject to the satisfaction of the Community
Development Director and City Engineer/Public Works Director.
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