Loading...
HomeMy WebLinkAboutRES CC 2019 3853 2019 1106 RESOLUTION NO. 2019-3853 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 2 TO INDUSTRIAL PLANNED DEVELOPMENT (IPD) PERMIT NO. 2009-01 AND CONDITIONAL USE PERMIT (CUP) NO. 2009-01, FOR A FIVE-YEAR TIME EXTENSION TO THE ENTITLEMENTS FOR AN APPROVED MOTION PICTURE STUDIO COMPLEX AT 11289 LOS ANGELES AVENUE, ON THE APPLICATION OF VALERIE DRAEGER, LOS ANGELES AVENUE LLC. WHEREAS, on October 5, 2011, the City Council conducted a duly noticed public hearing and adopted Resolution No. 2011-3063 approving IPD No. 2009-01 and CUP 2009-01 to allow the construction and operation of a 559,450 square-foot motion picture studio complex on 33 acres of property at 11289 Los Angeles Avenue; and WHEREAS, on February 18, 2015, the City Council conducted a duly noticed public hearing and adopted Resolution No. 2015-3363 approving Modification No. 1 to IPD No. 2009-01 and CUP 2009-01 to extend the expiration date of the IPD and CUP for an additional three-year term, to November 18, 2019; and WHEREAS, the Developer has demonstrated diligent pursuit of the project including contact with several motion picture studios, obtaining the approval of permits from Ventura County Flood Protection Control District, and the construction of improvements related thereto but has not yet identified a partner for development of the property; and WHEREAS, on August 6, 2019, Valerie Draeger with Triliad Development, Inc., filed an application for Modification No. 2 to IPD Permit No. 2009-01 and CUP No. 2009-01 to extend the expiration date for an additional five-year term, to November 18, 2024; and WHEREAS, at a duly noticed public hearing on November 6, 2019, the City Council 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 Director has determined that this project, as amended by Modification No. 2, is consistent with the Mitigated Negative Declaration adopted for the original project, including IPD Permit No. 2009-01 and CUP No. 2009-01 and, furthermore, that Modification No. 2 is exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act because there is no possibility that the extension of the IPD and CUP expiration dates may have a significant effect on the environment. Resolution No. 2019-3853 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director that Modification No. 2 to the IPD and CUP is exempt from environmental review, pursuant to Section 15061(b)(3) of the California Environmental Quality Act. SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves Modification No. 2 to IPD Permit No. 2009-01 and CUP No. 2009-01 subject to the Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 3. 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, 2019. p. e) Yi,Viri/V1,-/ce S. Parv.1(, Mayor ATTEST: oo":00111111111111101.4 Are NI\ Ky Sic4r1Clerk 41gP*411* Exhibit A — Conditions of Approval o.41110:7 41). 4.0 -4 Jut' Resolution No. 2019-3853 Page 3 CONDITIONS OF APPROVAL FOR MODIFICATION NO. 2 TO INDUSTRIAL PLANNED DEVELOPMENT NO. 2009-01 AND CONDITIONAL USE PERMIT NO. 2009-01 1. Industrial Planned Development (IPD) Permit No. 2009-01 and Conditional Use Permit (CUP) No. 2009-01 will expire November 18, 2024, unless the use has been inaugurated by issuance of a building permit for construction. Any additional extension of the term of the IPD Permit and CUP requires an extension of the term of the Development Agreement through the process specified in Section 19 of the Development Agreement. 2. All other conditions of approval of Industrial Planned Development No. 2009-01 and Conditional Use Permit No. 2009-01 shall continue to apply, except as revised herein. Should there be any conflict between the conditions of this Modification No. 2 and the conditions for Industrial Planned Development No. 2009-01 and Conditional Use Permit No. 2009-01, the conditions of this Modification No. 2 shall prevail. -END- Resolution No. 2019-3853 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2019-3853 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of November, 2019, and that the same was adopted by the following vote: AYES: Councilmembers Enegren, Mikos, Pollock, Simons, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 6th day of November, 2019. Ky Sp le , Ci Clerk (seal) I (PAR e,� ett - 71,3001 o° JU6Y