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HomeMy WebLinkAboutRES PC 2019 640 2019 0625 RESOLUTION NO. PC-2019-640 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-01 AND PERMIT ADJUSTMENT NO. 13 TO COMMERCIAL PLANNED DEVELOPMENT NO. 980; A REQUEST TO DEVELOP A NEW STRUCTURE OF LESS THAN 2,300 SQUARE FEET FOR A NEW SINGLE-TENANT DRIVE-THROUGH RESTAURANT AT 1-275 LOS ANGELES AVENUE; AND, MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF DOUG BERGMAN, BERGMAN KPRS, LLC WHEREAS, on January 10, 2019, an application for Conditional Use Permit No. 2019-01 and Permit Adjustment No. 13 to Commercial Planned Development No. 980was filed by, Doug Bergman, Bergman KPRS, LLC., on behalf of ROIC California, LLC to allow a New Single-Tenant Drive-Through Restaurant at within an existing shopping center located at 1-275 Los Angeles Avenue (Moorpark Town Center); and WHEREAS, at duly noticed public hearings on April 23, 2019 , May 28, 2019 and June 25, 2019, the Planning Commission considered Conditional Use Permit No. 2019-01 and Permit Adjustment No. 13 to Commercial Planned Development No. 980; and WHEREAS, at its meeting of April 23, 2109 the Planning Commission opened the public hearing and took and considered public testimony both for and against the proposal; continued the open public hearing to May 28, 2019 and June 25, 2019; and on June 25, 2019 considered the agenda report and any supplements thereto and written public comments; closed the public hearing and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section (15303) as a Class 3 exemption for New Construction or Conversion of Small Structures). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Community Development Staff has determined the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 3 exemption under State CEQA Guidelines Section 15303 (new construction or conversion of small structures) because CUP No. 2019-01 and related approvals allows for the development of a new structure of less than 2,300 square feet for a new single- tenant drive-through restaurant at. In addition, there is no substantial evidence the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Department's determination of exemption, and based on its own independent judgment, concurs in staff's determination of exemption. Resolution No. PC-2019-640 Page 2 SECTION 2. The applicant has provided a parking demand study supporting evidence for substantial opportunity for shared parking to occur. With the proposed drive through, the shopping center is forecast to require a maximum of 385 parking spaces during the peak month of December (worst case scenario), well below the proposed 538 parking spaces. The Planning Commission has reviewed the analysis and based on its own independent judgment concurs with staffs determination the methodology and conclusion is sound and a reduction in required parking is appropriate. SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that drive-through facilities are conditionally permitted within the CPD zone, and meets Goal No. 8 of the General Plan Land Use Element to "Provide for new commercial development which is compatible with surrounding land uses". B. The proposed use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that the use does not conflict with those uses within the shopping center. Drive through facilities are not unexpected within shopping centers; C. The proposed use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that the proposed building has been architecturally designed in a manner consistent with the existing shopping center; D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been proposed regarding design, parking, and circulation; E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this facility is compatible with the surrounding commercial uses due to conditions that have been imposed regarding design, parking, and circulation. SECTION 4. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2019-01 and Permit Adjustment No. 13 to Commercial Planned Development No. 980subject to the Standard and Special Conditions of Approval found in Exhibit A attached. Resolution No. PC-2019-640 Page 3 SECTION 5. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioner Hamous, Vice Chair Haverstock, and Chair Aquino NOES: Commissioners Di Cecco and Landis ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 25th day of June, 2019. 4(24 47 a Debra Aquino Chair tfV15 --)(1/(th Karen aughn, AICP Community Developmen : rector Exhibit A —Conditions of Approval Resolution No. PC-2019-640 Page 4 EXHIBIT A CONDITIONAL USE PERMIT (CUP) NO. 2019-01 AND PERMIT ADJUSTMENT (PA) NO. 13 TO COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 980 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits and Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. 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 development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit (CUP) No. 2019-01 and Permit Adjustment No. 13 to Commercial Planned Development No. 980, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 3. 538 parking spaces shall be maintained consistent this approval. 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. Any future changes in use which may generate a higher parking demand will require an analysis for parking compliance prior to approval. 4. 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. 5. 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. 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. Resolution No. PC-2019-640 Page 5 7. This Conditional Use Permit and Permit Adjustment 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. 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. Conditional Use Permit (Cup) No. 2019-01 and Permit Adjustment No. 13 to Commercial Planned Development No. 980 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B 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. Resolution No. PC-2019-640 Page 6 10. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. 11. Final architectural and site plan design and detailing, including parking lot, landscaping and lighting design is subject to review and approval of the Community Development Director prior to issuance of Zoning Clearance for plan check. The structure must be designed in a manner consistent with the center and may not exceed 2,500 square feet in area. The structure shall not exceed 25 feet in height. 12. Lighting fixtures must be architecturally compatible with the existing fixtures. Security and parking lot lighting shall not be attached to the buildings. 13. All landscaping and irrigation must be installed prior to occupancy. 14. The landscape plan must incorporate specimen size trees and other substantial features subject to the review and approval of the Community Development Director. Where feasible, the applicant shall use native California trees in the landscaping of the project. Specific tree type, species, size and location shall be to the satisfaction of the Community Development Director. 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 Guidelines may be used in this development. 15. Visible roof ladders, equipment, vents, exterior drains and scuppers are not permitted. 16. Ground-mounted utility boxes and equipment must be screened with landscaping subject to the review and approval of the Community Development Director. 17. All gas, electric, water and any other utility meters or boxes must be screened to the degree allowable by the utility companies, and subject to the review and approval of the Community Development Director. 18. All signage must conform to the City's sign requirements and an approved sign program. 19. Prior to the commencement of construction, including grading, fencing not less than six (6) feet in height, which is designed to preclude human intrusion, must be installed along the perimeter boundaries of the construction site and shall be secured with chain and Fire District padlocks for emergency vehicle access. Alternatively, a uniformed security guard, licensed pursuant to Chapter 11 of the Resolution No. PC-2019-640 Page 7 Business and Professions Code of the State, shall be utilized to continually patrol the construction site during the hours when construction work has ceased. 20. On-site water detention area(s) may not be so deep, or the sides so steep, as to require fencing, as determined by the Community Development Director and City Engineer/Public Works Director, prior to issuance of a grading permit. 21. No specific hours of operation are established for the uses in this project; however, the Community Development Director shall have the authority to establish hours of operation through a Permit Adjustment when in his/her opinion limits on hours of operations are necessary to maintain compatibility with the adjacent uses. Any exterior maintenance, cleaning, sweeping and landscape work may only be performed between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 22. Prior to the issuance of Zoning Clearance for plan check, the applicant shall submit the proposed colors, materials and building finish textures (consistent with the existing structures) for review and approval to the satisfaction of the Community Development Director. 23. The applicant shall prohibit truck or recreational vehicle parking or storage overnight in the parking lot area. Limited truck parking, when in association with a permitted use, is allowed, but in no case shall there be overnight parking. 24. Prior to installation of hardscape and building materials, a field check and approval by the Community Development Director is required. 25. Air conditioning handling units may be no higher than the lowest parapet on the roof and must be painted the same color as the roofing material. 26. Prior to issuance of a zoning clearance for occupancy, the applicant shall install stop signs, stop bars, and stop legends at project access points as determined by the Community Development Director and City Engineer/Public Works Director. 27. Prior to issuance of a zoning clearance for occupancy, the applicant shall provide decorative anti-skateboard devices at several points along seat walls and low benches, subject to the review and approval of the Community Development Director. 28. Prior to the issuance of a Zoning Clearance for a building permit, the applicant shall submit a plan for a fully-covered trash enclosure, with materials and colors to match the building, for review and approval by the Community Development Director and City solid waste manager. Resolution No. PC-2019-640 Page 8 29. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Administrative Services Manager. 30. 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. 31. Prior to the issuance of each building permit, the applicant shall provide a sample of the glass to be used, along with the manufacturer's specifications for exterior reflectance, for review and approval by the Community Development Director. Glass used along the Los Angeles Avenue frontage shall not exceed 8% exterior reflectance. 32. Parking 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, 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. 33. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit all fees, including, but not limited to Los Angeles Avenue Area of Contribution Fee, Air Quality Fee, Tree and Landscape Fee, Fire Protection Facilities Fee, Police Facilities Fee, and Library Facilities Fee. All entitlement processing fees must be paid up prior to the issuance of a Zoning Clearance for a building permit. 34. Prior to issuance of a Zoning Clearance for a building permit, applicant shall either submit an in-lieu art fee or indicate a location for on-site public art in compliance with Chapter 17.50 of the Zoning Ordinance. If on-site public art is approved, it must be installed and completed prior to issuance of a Certificate of Occupancy. -End-