HomeMy WebLinkAboutAGENDA REPORT 2005 0831 CC SPC ITEM 05BITEM 5.B.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL of
AGENDA REPORT ACTION:
TO: Honorable City Council a�
BY:
FROM: Barry K. Hogan, Community Development Direct
Prepared By: Joseph Fiss, Principal Planner
DATE: August 5, 2005 (CC Special Meeting of 8/31/05)
SUBJECT: Consider Modification No. 4 to Commercial Planned
Development Permit No. 1990 -02, for the Build -Out of
Three (3) Existing Pad Areas with 17,324 Sq. Ft. of
Commercial /Retail Space and Conditional Use Permit No.
2005 -01 to Allow a 7,724 Square Foot Fitness Center
within 100 Feet of Residentially -zoned Property, on an
11.79 -Acre Site at 4279 Tierra Rejada Road, on the
Application of Constantino Noval
BACKGROUND
Constantino Noval has submitted a request for a modification to
build 17,324 sq. ft. of building space on three (3) existing
vacant pad areas, including a Conditional Use Permit to allow a
7,724 sq. ft. fitness center within 100 feet (100') of a
residentially -zoned property. The project is located on an 11.79
acre site located at the southwest corner of Tierra Rejada Road
and Mountain Trail Street.
This project was reviewed by the Planning Commission on April
26, 2005, May 23, 2005 and June 14, 2005 and public comments
were received. The Planning Commission adopted Resolution No.
PC- 2005 -480, recommending to the City Council approval of the
Commercial Planned Development Permit and Conditional Use Permit
for the proposed project.
Commercial Planned Development No. 1990 -02 for construction of a
122,400 sq. ft. commercial center was approved by the City
Council on December 19, 1990. The original project has been
modified numerous times for reduction in building sizes,
0000'74
Honorable City Council
August 31, 2005
Page 2
relocation of buildings, hours of operation, signs, time
extensions and the build -out of other pads. A Condition of
Approval requires all pad buildings to obtain the approval of a
Minor Modification to the permit prior to issuance of a Zoning
Clearance for construction. Since the time this condition was
adopted, the Minor Modification section of the Zoning Ordinance
has been amended. The Community Development Director has
determined that a Modification is the appropriate process for
the review and approval of the pad buildings.
Chapter 17.44.070 of the Moorpark Municipal Code requires
certain public noticing for discretionary projects. One of the
requirements of this Chapter is that the applicant place a
public notice sign on the site, indicating the dates and times
of each public hearing, among other information. The applicant
failed to update the signs on the site for the July 20, 2005
City Council hearing. As a result the hearing was re-
advertised, re- noticed and has been correctly posted on -site.
DISCUSSION
Issues raised by the Planning Commission included concern with
potential sight visibility conflicts at the intersection of the
bike path and the parking lot at the southeast corner of the
site. The Planning Commission recommendations included resolving
any conflicts with visibility and architectural design
recommendations for Pad A to provide for a small exterior
courtyard. The applicant has since revised the plot plan
(incorporated into the Conditions of Approval in Attachment 6).
The application details are contained within the attached
Planning Commission Agenda Report.
The shopping center's nine parcels are held under three separate
owners. Vons Companies, Inc. owns the supermarket building, its
associated parking lot and the land under the building. Tierra
Rejada LLC owns the two existing pad buildings, the existing
shops between the former Sav -On building and the Vons
Supermarket and the existing shops to the south of Vons.
Constantino Noval (applicant) owns the former Sav -On building,
the two vacant out -pads, and the vacant pad south of Vons.
There is no application currently pending for the former Sav -On
building.
000075
Honorable City Council
August 31, 2005
Page 3
For your information we have included, under separate cover, a
copy of the resolution and Conditions of Approval of the
original application for the entire shopping center. There have
been some minor clarifications to the Conditions of Approval
recommended by the Planning Commission. Those clarifications
are shown in legislative format.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close
the public hearing.
2. Adopt Resolution No. 2005- approving Modification No. 4
to Commercial Planned Development Permit No. 1990 -02 and
Conditional Use Permit No. 2005 -01 subject to Conditions of
Approval.
ATTACHMENTS:
1. April 26, 2005, Planning Commission Agenda Report (without
attachments)
2. June 14, 2005 Planning Commission Agenda Report (without
attachments)
3. Project Exhibits:
A. Fitness Center Site Plan
B. Fitness Center - North and West Side Elevations
C. Fitness Center - South and East Side Elevations
D. Fitness Center Floor Plan
E. Pad A Site Plan
F. Pad A Floor Plan
G. Pad A Front Elevation
H. Pad A Side and Rear Elevation
I. Pad A Landscape Close -up
J. Pad D Site Plan
K. Pad D Floor Plan
L. Pad D Rear and Right Side Elevation
M. Pad D Front and Left Side Elevation
N. Pad D Landscape (enlarged)
O. Comprehensive Site Plan
4. Draft Resolution with Conditions of Approval.
0000'76
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
Prepared by Jared Rosengren, Contract Plann
DATE: April 20, 2005 (PC Meeting of 4/26/2005)
SUBJECT: Consider Modification No. 4 to Commercial Planned
Development Permit No. 1990 -02, for the Build -Out of
Three (3) Existing Pad Areas with 17,324 Sq. Ft. of
Commercial /Retail Space and Conditional Use Permit No.
2005 -01 to Allow a 7,724 Square Foot Fitness Center
within 100 Feet of Residentially -zoned Property, on an
11.79 -Acre Site at 4279 Tierra Rejada Road, on the
Application of Constantino Noval
BACKGROUND
Commercial Planned Development No. 1990 -02 for construction of a
122,400 sq. ft. commercial center was approved by the City Council
on December 19, 1990. The original project has been modified
numerous times for reduction in building sizes, relocation of
buildings, hours of operation, signs, time extensions and the
build -out of other pads. A condition of approval requires all pad
buildings to obtain the approval of a Minor Modification to the
Permit prior to issuance of a Zoning Clearance for Construction.
Since the time this condition was adopted, the Minor Modification
process has been eliminated, and the Community Development Director
has determined that a Modification is the appropriate process for
the review of the pad buildings.
The applicant has filed a request for a Modification to build
17,324 sq. ft. of building space on three (3) existing vacant pad
areas. The applicant is also requesting a Conditional Use Permit
to allow a 7,724 sq. ft. fitness center within 100 ft. of a
residentially -zoned property. The Modification requires
consideration by City Council; the Conditional Use Permit will also
be considered concurrently by the City Council. The Planning
Commission is an advisory body on both entitlements.
CC ATTACHMENT 1
S: \Community Development \DEV PMTS \C U P \2005 \01 Mtn. Meadows Plaza \Agenda Rpts \CPDP Mod 4.r 000077
Honorable Planning Commission
April 26, 2005
Page 2
DISCUSSION
Project Setting
Existing Site Conditions:
The nine (9) separate lots that make up the 11.79 -acre Mountain
Meadows Shopping Center are located on the southwest corner of
Tierra Rejada Road and Mountain Trail Street. The Spanish style
shopping center consists of two (2) anchor spaces (one used by Vons
supermarket, the second currently vacant), two (2) multi - tenant
retail areas ( "Shops #1" and "Shops #2 "), two (2) stand -alone pads
that have buildings (B and C), two (2) vacant stand -alone pads (A
and D) , and a vacant pad south of the supermarket and west of
existing "Shops 1" tenant spaces.
Previous Applications:
Commercial Planned Development No. 1990 -02, for the construction of
a commercial center on the project site, was originally approved on
December 19, 1990, but was not built at the time. Major
Modification No. 1, approved on December 6; 1995, allowed the
construction of Mountain Meadows Plaza with the current design and
conditions of approval. The grocery store, drug store and tenant
spaces in- between were constructed first. Since 1995, several
minor modifications have been processed, primarily focusing on
architecture, site plan, signage and hours of operation. On January
5, 2000, the City Council approved Minor Modification Nos. 7 and 8
to construct separate buildings on Pads "B" and "C ", where the
restaurants and real estate offices are now located.
GENERAL
PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Site
General Commercial
Commercial Planned
Mountain
(C2)
—
Development (CPD)
Meadows Plaza
North
Medium Density
Residential Planned
Single- family
Residential (M)
Development (RPD 3.1u)
Residential
South
Very High Density
Y g Y
Residential Planned
Multi-family
Residential (VH)
Development (RPD
Residential
12.21u)
East
Schools (S)
__._..----- ---- _.__ ..... __..._._.__..__..___.__.---...._.__._._
Planned Community (PC)
...... ___._....._._—.--
High School
Medium Density
-_. .... ____...__.__........... __ ..... ... __.._ ..... _..._._..__..
Residential Planned
.... ___..._._.._-.--...._... _.___..._._...._..--- .--- _ -.._.
Single- family
Residential (M)
Development (RPD 5u)
Residential
West
Very High Density
Y g Y
Residential Planned
Multi- family
Residential VH
( )
Development (RPD
Residential
16.83u)
11.11
Honorable Planning Commission
April 26, 2005
Page 3
General Plan and Zoning Consistencv:
The existing CPD zoning on the property is consistent with the
General Plan Designation, which is C -2 (General Commercial). The
proposed Modification and Conditional Use Permit are consistent
with this land use designation.
Project Summary
Modification No. 4 to Commercial Planned Development Permit No
1990 -02 and Conditional Use Permit No. 2005 -01:
Pad
Proposed Use
Building Area
(sq. ft.)
A
Stand -alone Retail Building
4,800
D
Stand -alone Retail Building
4,800
Shops
#1
Fitness Center
6,896
Retail Suite
828
Total
17,324
Proposed Project
Architecture:
Pad A
The architectural design is consistent with the existing center,
which is Spanish style. The proposed building incorporates multi-
color stucco walls, mission tile roof, timber beams underneath the
roofline and pilasters with colors. An arcade (covered walkway) is
proposed on the front and one of the side elevations. The height
of the proposed building ranges from sixteen (161) feet to eighteen
(18') feet high. The proposed building heights meet Zoning Code
requirements.
Pad D
The architectural design is consistent with the existing center,
which is Spanish style. The proposed building incorporates multi-
color stucco walls, mission tile roof, timber beams underneath the
roofline and pilasters with colors. An arcade (covered walkway) is
proposed on the front and rear elevations. The height of the
proposed building is twenty -eight (281) feet high. The proposed
building height meets Zoning Code requirements. The submitted floor
plan shows the potential of four (4) separate tenant suites.
0000'79
Honorable Planning Commission
April 26, 2005
Page 4
Addition to Shop #1
The architectural design is consistent with the existing center,
which is Spanish style. The proposed building incorporates multi-
color stucco walls, mission tile roof, timber beams underneath the
roofline and pilasters with colors. An arcade (covered walkway) is
proposed on the south elevation. The height of the proposed
building ranges from eighteen (181) feet to twenty (20') feet high.
The proposed building heights meet Zoning Code requirements. The
submitted floor plan shows a fitness center and an 828 sq. ft.
retail suite. The fitness center is discussed further under the
analysis section below.
Signage:
A separate Sign Permit application is required and all signs are tc
be consistent with approved signage for the shopping center,
subject to the review and approval of the Community Development
Director.
Setbacks:
A thirty (301) foot landscaped setback will be provided from both
Mountain Trail Street and Tierra Rejada Road to buildings A and D.
This meets the Municipal Code requirement of a 30 -foot setback from
a four (4) lane arterial, as designated by the Circulation Element
of the General Plan. All proposed building setbacks are consistent
with Zoning Code requirements.
Circulation:
The existing shopping center has been designed with appropriate on-
site circulation including the build -out of the proposed project.
The proposed project does not propose to alter the existing parking
layout or ingress and egress to the shopping center.
Parking:
Use
Spaces Required
Spaces Provided
Drugstore (Vacant)
56
Supermarket
-- - - - - -- -
166
-. — _
Existing Shops #1
-- - - ..... ------ - .-- -... -- - - -- __ - ..
25
__._.... _.. - ... - -- ._...._..__.._._ ......... _.
Shops
- -Pad B �___ - - - -- ------ ...._.. - --
15-- - - - - --
_----_....---_—_----_____..—.__. .._.- ..-----------
Pad C
,---55__
-- - - -__
.__.-._.. ..--- ,--- ._._.. ._
_----,-------._.. ._..__..._..._
Proposed Pad A
16
_._.__._.._.._.._.... ......._..- ....... _..._._.._..- - -
Proposed Pad D
15
Proposed Shop #1
- - --
26
— ... _ .... -- - -- _._.._.. - ....-- - - - - -- - -..._
Totall
391
567
MI =J
Honorable Planning Commission
April 26, 2005
Page 5
The center was designed to ultimately include the additional
building space proposed by this application, and in fact exceeds
the parking required per the Municipal Code by forty -five (450)
percent. Parking is discussed in additional detail in the analysis
section below.
Loading Area:
Section 17.32 of the Zoning Ordinance requires each building to
provide at least one (1) loading space if the gross floor area of
the building exceeds 3,000 square feet, unless waived by the
Community Development Director. In this case, adequate
loading /unloading areas have been provided throughout the center,
located within reasonable distance from the service entrance to
each of the proposed buildings.
Landscaping:
The proposed project does not include the removal of any trees. No
details or specifications of any landscaping were included with the
project submittal. A condition of approval in the attached
resolution requires the submission and approval of a landscape plan
prior to issuance of a Zoning Clearance for construction of the
buildings to ensure that new landscaping is compatible with
existing landscaping for the shopping center.
Site Improvements and National Pollution Discharge Elimination
Standards Requirements (NPDES):
The City Engineer has conditioned the project to provide for all
necessary on -site and off -site storm drain improvements including
the imposition of National Pollution Discharge Elimination System
(NPDES) requirements. "Passive" Best Management Practices drainage
facilities are required to be provided, to the maximum extent
feasible, so that surface flows are intercepted and treated on the
surface over biofilters (grassy swales), infiltration areas and
other similar solutions.
Air Quality:
All commercial /industrial projects are required to off -set air
pollutants consistent with the 2003 Ventura County Air Quality
Assessment Guidelines. Contribution to the Moorpark Traffic System
Management Fund has been identified as a method to meet this
requirement. The original developer of CPD No. 1990 -02 has paid the
required contribution for the entire center, including the
undeveloped pad areas.
00008
Honorable Planning Commission
April 26, 2005
Page 6
ANALYSTS
Issues
Staff analysis of the proposed project has identified the following
areas for Planning Commission consideration in their recommendation
to the City Council:
• Parking
• Proximity of Fitness Center to Residential Uses
Parking:
The new buildings will be adding to the parking demand of the
shopping center without adding additional parking spaces. The
center was designed to ultimately include this additional building
space. As shown in the parking calculations above, the center has
sufficient parking for the additional buildings, with forty -five
(45 %) percent more parking than required by Code.
Proximity of Fitness Center to Residential Uses
Large fitness centers can generate a substantial amount of activity
in the parking lot and result in spillover noise. However, the
proposed fitness center at under 7,000 square feet and without
shower facilities is not expected to draw the volume of patrons
that may result in a neighborhood nuisance. Condition of Approval
No. 7 of City Council Resolution No. 1995 -1164 limits the hours of
operation of all tenants in Mountain Meadows Plaza from 6:00 a.m.
to 10:00 P.M. Any request to extend the hours of operation
requires public notification to property owners within 1,000 feet
of the site. This condition, along with all other conditions of
Resolution No. 1995 -1164, would apply to any new construction in
the shopping center. In addition, a condition is recommended to
ensure that any massage businesses or technicians that may be
associated with the fitness use are properly licensed by the City.
Findings
Modification No. 4 to Commercial Planned Development Permit No.
1990 -02
A. The proposed use would not have a substantial adverse impact
on surrounding properties in that the existing shopping center
was designed with the eventual build -out of vacant pads, the
new buildings are consistent with the existing center, any
proposed use requesting to occupy the new buildings would be
required to conform to the CPD zone, and parking is adequate.
B. The proposed use would not change any findings contained in
the environmental documentation prepared for the permit, in
1111:
Honorable Planning Commission
April 26, 2005
Page 7
that the effects of the proposed project were adequately
analyzed in the Mitigated Negative Declaration, Initial Study
and Mitigated Monitoring Program prepared for CPD No. 1990 -02.
Conditional Use Permit No. 2005 -01
A. The proposed use, as conditioned, is consistent with the
provisions of the City's General Plan, Zoning Ordinance, and
any other applicable regulations, in that a fitness center is
an allowed use in the CPD zone.
B. The proposed use is compatible with both existing and
permitted land uses in the surrounding area in that the
fitness center is an appropriate expansion of the existing
commercial uses on site and, operating within the hours
permitted for the shopping center, is a compatible use
adjacent to a residential neighborhood.
C. The proposed use is compatible with the scale, visual
character, and design of the surrounding properties; in that
the fitness center has been designed on a vacant building pad
intended for a development of this scale and is consistent
with the existing architecture of the shopping center..,--
D. The proposed use will not be obnoxious or harmful, or impair
the utility of the neighboring properties or uses, in that the
fitness center is conditioned to comply with all existing
conditions of approval adopted for the existing shopping
center, including limited hours of operation, and sufficient
parking is provided at the shopping center.
E. The proposed use will not be detrimental to the public health,
safety, convenience, or welfare, in that the fitness center is
conditioned to comply with all existing conditions of approval
adopted for the existing shopping center, including limited
hours of operation.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development
projects under the Permit Streamlining Act (Government Code Title
7, Division 1, Chapter 4.5), the Subdivision Map Act (Government
Code Title 7, Division 2), and the California Environmental Quality
Act Statutes and Guidelines (Public Resources Code Division 13, and
California Code of Regulations, Title 14, Chapter 3). Under the
applicable provisions of these regulations, the following timelines
have been established for action on this project:
000083
Honorable Planning Commission
April 26, 2005
Page 8
Date Application Determined Complete: March 25, 2005
Planning Commission Action Deadline: Not Applicable
City Council Action Deadline: June 19, 2005
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in
CEQA. Other projects may be exempt under a general rule that
environmental review is not necessary where it can be determined
that there would be no possibility of significant effect upon the
environment. A project which does not qualify for an exemption
requires the preparation of an Initial Study to assess the level of
potential environmental impacts.
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation
can not be readily identified, an Environmental Impact Report (EIR)
is prepared.
The Director has reviewed this project and found it to be
Categorically Exempt in accordance with Section 15332 (Class 32:
In -Fill Development Projects) of the California Code of Regulations
(CEQA Guidelines). No further environmental documentation is
required.
STAFF RECOZWNDATION
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2005- recommending to the City
Council conditional approval of Modification No. 4 to
Commercial Planned Development Permit No. 1990 -02 and
Conditional Use Permit No. 2005 -01.
Honorable Planning Commission
April 26, 2005
Page 9
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Resolution 1995 -1164
4. Project Exhibits
A. Site Plan
B. Fitness 19 Floor Plan
C. Fitness 19 Fronts and Side Elevations
D. Fitness 19 Side and Rear Elevations
E. Pad A Floor Plan
F. Pad A Front and Side Elevations
G. Pad A Side and Rear Elevations
H. Pad D Floor Plan
I. Pad D Front and Side Elevations
J. Pad D Side and Rear Elevations
5. Draft PC Resolution with Conditions of Approval
000085
13
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Diro
Prepared By: Jared Rosengren, Contract P1 ecter
DATE: May 26, 2005 (Special PC Meeting of 6/14/2005)
SUBJECT: Consider Modification No. 4 to Commercial Planned
Development Permit No. 1990 -02, for the Build -Out of
Three (3) Existing Pad Areas with 17,324 Sq. Ft. of
Commercial /Retail Space and Conditional Use Permit No.
2005 -01 to Allow a 7,724 Square Foot Fitness Center
within 100 Feet of Residentially -zoned Property, on an
11.79 -Acre Site at 4279 Tierra Rejada Road, on the
Application of Constantino Noval
BACKGROUND /DISCUSSION
At its April 26, 2005 meeting, the Planning Commission continued
this item to resolve the Planning Commission's concerns regarding
the applicant to provide more plan detail and consistency. The
agenda item was continued with the public hearing open to a special
meeting on May 23, 2005. Materials were not provided in time for
this meeting and the Planning Commission continued the meeting with
the public hearing still open to a special meeting on June 14,
2005.
DISCUSSION
The applicant has incorporated a number of elements, and minor
changes to the project including:
■ Revision to the site plans to show the orientation of the
proposed buildings on Pad "A" and Pad "D ".
■ Revision of the site plans showing the handicapped parking,
sidewalks and location of the trash enclosures for Building
"A" and Building "D ".
CC ATTACHMENT 2 000086
Honorable Planning Commission
June 14, 2005
Page 2
■ A landscape plan showing landscaping for Pads "A" and "D ".
■ Modification to the site plan and exterior elevations for Pad
"D" to add a covered patio area to the proposed building.
■ A materials and color board.
STAFF RECOMMENDATION
1. Continue to accept public testimony and close the public
hearing.
2. Adopt Resolution No. PC -2005- recommending to the City
Council conditional approval of Modification No. 4 to
Commercial Planned Development Permit No. 1990 -02 and
Conditional Use Permit No. 2005 -01.
ATTACHMENTS:
1. April 26, 2005, Planning Commission Agenda Report (without
attachments).
2. Revised Project Exhibits:
A. Fitness Center Site Plan
B. Fitness Center - North and West Side Elevations
C.-- Fitness Center - South and East Side Elevations
D. Fitness Center Floor Plan
E. Pad A Site Plan
F. Pad A Floor Plan
G. Pad A Front Elevation
H. Pad A Side and Rear Elevation
I. Pad A Landscape Close -up
J. Pad D Site Plan
K. Pad D Floor Plan
L. Pad D Rear and Right Side Elevation
M. Pad D Front and Left Side Elevation
N. Pad D Landscape (enlarged)
3. Draft PC Resolution with Conditions of Approval.
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RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO.
4 OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO.
1990 -02 AND CONDITIONAL USE PERMIT NO. 2005 -01 ON
11.79 ACRES AT THE SOUTHWEST CORNER OF TIERRA
REJADA ROAD AND MOUNTAIN TRAIL STREET, ON THE
APPLICATION OF CONSTANTINO NOVAL
WHEREAS, on June 14, 2005, the Planning Commission adopted
Resolution No. PC- 2005 -480, recommending conditional approval of
Modification No. 4 to Commercial Planned Development Permit No.
1990 -02 and Conditional Use Permit No. 2005 -01 On 11.79 acres at
the southwest Corner Of Tierra Rejada Road and Mountain Trail
Street; and
WHEREAS, at a duly noticed public hearing held on August
31, 2005, the City Council considered the agenda report and any
supplements thereto and any written public comments; opened the
public hearing, 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 City Council concurs with the Community
Development Director's determination that this project is
Categorically Exempt from the provisions of CEQA pursuant to
Section 15332 as a Class 32 exemption for in -fill development
projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. MODIFICATION FINDINGS:
A. The proposed use would not have a substantial adverse
impact on surrounding properties in that the existing
shopping center was designed with the eventual build -out of
vacant pads, the new buildings are consistent with the
existing center, any proposed use requesting to occupy the
new buildings would be required to conform to the CPD zone,
and parking is adequate.
B. The proposed use would not change any findings contained in
the environmental documentation prepared for the permit, in
that the effects of the proposed project were adequately
analyzed in the Mitigated Negative Declaration, Initial
Study and Mitigated Monitoring Program prepared for CPD No.
1990 -02.
CC ATTACHMENT 4
000103
Resolution No. 2005 -
Page 2
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report, accompanying studies,
and oral and written public testimony, the City Council makes
the following findings in accordance with City of Moorpark,
Municipal Code Section 17.44.030:
A. The proposed use, as conditioned, is consistent with the
provisions of the City's General Plan, Zoning Ordinance,
and any other applicable regulations, in that a fitness
center is an allowed use in the CPD zone.
B. The proposed use is compatible with both existing and
permitted land uses in the surrounding area in that the
fitness center is an appropriate expansion of the existing
commercial uses on site and, operating within the hours
permitted for the shopping center, is a compatible use
adjacent to a residential neighborhood.
C. The proposed use is compatible with the scale, visual
character and design of the surrounding properties in that
the fitness center has been designed on a vacant building
pad intended for a development of this scale and is
consistent with the existing architecture of the shopping
center.
D. The proposed use will not be obnoxious or harmful, or
impair the utility of the neighboring properties or uses,
in that the fitness center is conditioned to comply with
all existing conditions of approval adopted for the
existing shopping center, including limited hours of
operation, and sufficient parking is provided at the
shopping center.
E. The proposed use will not be detrimental to the public
health, safety, convenience, or welfare, in that the
fitness center is conditioned to comply with all existing
conditions of approval adopted for the existing shopping
center, including limited hours of operation.
SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby
approves Modification No. 4 to Commercial Planned Development
Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01,
subject to Special Conditions of Approval attached hereto and
incorporated herein as Exhibit A. All conditions of approval of
Resolution No. 1995 -1164 (CPD 1990 -02) shall remain in effect
unless modified by this permit.
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Resolution No. 2005 -
Page 3
SECTION 4. 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 31St day of August, 2005.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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Resolution No. 2005 -
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EXHIBIT A
SPECIAL CONDITIONS OF APPROVAL
FOR MODIFICATION NO. 4 TO
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 1990 -02
1. All buildings shall be constructed in substantial
conformance with the plans and renderings submitted with
the application for Modification No. 4 to Commercial
Planned Development No. 1990 -02.
2. The applicant shall modify the design of Building A to
provide for a small exterior courtyard subject to the
approval of the Community Development Director.
3. The applicant shall add raised planters in the courtyard
area of Building D subject to the approval of the Community
Development Director.
4. Conflicts in sight visibility at the intersection of the
bike path and the parking lot at the southeast corner of
the site shall be resolved by the applicant subject to the
approval of the Community Development Director and the City
Engineer.
5. All conditions of approval of Resolution No. 1995 -1164
shall continue to apply unless modified by this permit
modification.
6. All Covenants, Codes and Restrictions (CCRs) associated
with the project shall continue to apply. Any
modifications to the CCRs shall be subject to review and
approval by the City Attorney and the Community Development
Director.
7. Entitlement Processing: Prior to the issuance of any Zoning
Clearance, entitlement, building permit, grading permit, or
advanced grading permit the applicant shall submit to the
Community Development Department all outstanding
entitlement case processing fees, including all applicable
City legal service fees. This payment shall be made within
sixty (60) calendar days of approval of this entitlement.
8. Condition Compliance: Prior to the issuance of any Zoning
Clearance, building permit, grading permit, or advanced
grading permit, the applicant shall submit to the Community
Development Department the Condition Compliance review
deposit.
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Resolution No. 2005 -
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9. Capital Improvements and Facilities, and Processing: Prior
to the issuance of any Zoning Clearance, the applicant
shall submit to the Community Development Department,
capital improvement, development, and processing fees at
the current rate in effect. Said fees include, but are not
limited to building and public improvement plan checks and
permits. Unless speeifieally exempted , the
applieant is sub j ee t -t e all fees ixRpe s e
the issuance—ef the first permit fer eenstruetien and sue.h.
future fees impesed as determined by City in its sele
disewetier se —leng- as said fee is impesed - -en __m-, ,r
- -1
situated preperties.
10. Parks: Prior to issuance of a Zoning Clearance for a
building permit, the applicant shall submit to the
Community Development Department Park and Recreation Fees
of $0.50 per square foot of building area.
11. Tree and Landscape: Prior to or concurrently with the
issuance of a building permit the Tree and Landscape Fee
shall be paid to the Building and Safety Division. The fee
shall be paid in accordance with City Council adopted Tree
and Landscape Fee requirements in effect at the time of
building permit application.
12. Fire Protection
the issuance of
Facilities Fees
Division. The
Council adopted
in effect at the
Facilities: Prior to or concurrently with
a building permit, current Fire Protection
shall be paid to the Building and Safety
fee shall be paid in accordance with City
Fire Protection Facilities Fee requirements
time of building permit application.
13. Library Facilities: Prior to or concurrently with the
issuance of a building permit the Library Facilities Fee
shall be paid to the Building and Safety Division. The fee
shall be paid in accordance with City Council adopted
Library Facilities Fee requirements in effect at the time
of building permit application.
14. Police Facilities: Prior to or concurrently with the
issuance of a building permit the Police Facilities Fee
shall be paid to the Building and Safety Division. The fee
shall be paid in accordance with City Council adopted
Police Facilities Fee requirements in effect at the time of
building permit application.
15. Traffic Systems Management: Prior to the issuance of a
Zoning Clearance for each building permit, the applicant
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Resolution No. 2005 -
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shall submit to the Community Development Department the
established Moorpark Traffic Systems Management (TSM) Fee
for the approved development consistent with adopted City
policy for calculating such fee. This fee shall be no less
than fifteen cents ($0.15) per square foot of building
area.
16. Intersection Improvements: Prior to issuance of the first
Zoning Clearance for a building permit, the applicant shall
submit to the Community Development Department a fair -share
contribution for intersection improvements relating to the
project. The level of fair share participation will be to
the satisfaction of this City Engineer based on standard
trip generation rates for commercial shopping center
developments, applied to the intersections identified by
the City Engineer and the Community Development Director
the Arehstene Apartments (RPD i997 Gi) and Vintage
Grest /TTY -vSA Preeperties ( P9 2999 G2) t affie— reper- to the
extent of the project impacts to these intersections.
17. Citywide Traffic: Prior to issuance of a Zoning Clearance
for each building permit, the applicant shall submit to the
Community Development Department the Citywide Traffic Fee.
The fee shall be calculated per dwelling unit for
residential projects, or by use for commercial and
industrial projects, based upon the effective date of
approval of the entitlement. Commencing on August 1,
2 0 0 5 the first e e -� r e�
—� =. a1ap- reval, and annually
thereafter, the fee ($22,838.00 per acre) shall be
increased to reflect the change in the StateGaltrans
Highway Bid Price Index
Curstruetien index) for the twelve (12) month period that
Reeerd that is available on December 31 of the preceding
year ( "annual indexing "). In the event there is a decrease
in the referenced Index for any annual indexing, the
current amount of the fee shall remain until such time as
the next subsequent annual indexing which results in an
increase. In the event the Bid Price Index referred to
above in this condition is discontinued or revised, such
successor index with which it is replaced shall be used in
order to obtain substantially the same result as would
otherwise have been obtained if the Bid Price Index had not
be discontinued or revised.
Resolution No. 2005 -
Page 7
18. Area of Contribution: Prior to the issuance of a Zoning
Clearance for each building permit, the applicant shall pay
to the Community Development Department the Area of
Contribution (AOC) Fee for the area in which the project is
located. The fee shall be paid in accordance with City
Council adopted AOC fee requirements in effect at the time
of building permit application unless they can provide
documentation satisfactory to the City Manager that the
fees have been paid.
19. Street Lighting Energy Costs: Prior to recordation of Final
Map, or issuance of a building permit, whichever occurs
first the applicant shall pay to the Community Development
Department all energy costs associated with public street
lighting for a period of one year from the acceptance of
the street improvements.
20. Schools: Prior to issuance of building
building, the applicant shall provide wri
Community Development Department that all
school impact fees applicable at the time
building permit have been paid to the
School District.
permits for each
tten proof to the
legally mandated
of issuance of a
Moorpark Unified
21. Art in Public Places: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the
applicant shall contribute to the Art in Public Places Fund
in the amount of $0.10 per each square foot of building
area, to be submitted to the Community Development
Department. If the applicant is required to provide a
public art project on or off -site in lieu of contributing
to the Art in Public Places Fund the art work shall have a
value corresponding to or greater than the contribution,
and shall be constructed prior to Final Occupancy of the
first building. All art shall require approval by the Arts
Committee prior to construction.
22. Electronic Conversion: In accordance with City policy, the
applicant shall submit to the Community Development
Department, City Engineer and the Building and Safety
Division the City's electronic image conversion fee for
entitlement /condition compliance documents; Final Map/
engineering improvement plans /permit documents; and
building plans /permit documents, respectively.
23. Fish and Game: Within
Council adoption of
the applicant shall
two (2) business days after the City
i resolution approving this project,
submit to the City of Moorpark two
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Resolution No. 2005 -
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separate checks for Negative Declaration or Environmental
Impact Report, and Administrative Fee, both made payable to
the County of Ventura, in compliance with Assembly Bill
3158 for the management and protection of Statewide Fish
and Wildlife Trust Resources. Pursuant to Public Resources
Code Section 21089, and Fish and Game Code Section 711.4,
the project is not operative, vested or final until the
filing fees are paid.
24. Storm Drain Discharge Maintenance Fee: Prior to or
concurrently with the issuance of a Zoning Clearance for
building permit, the applicant shall pay to the Community
Development Department citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with
City Council adopted Storm Drain Discharge Maintenance Fee
requirements in effect at the time of building permit
application.
25. Prior to the issuance of any building permits, a landscape
and irrigation plan shall be submitted for review and
approval by the Community Development Director to show
restoration of landscaping in the vicinity of the pad
buildings consistent with approved landscaping plans for
the shopping center, along with new landscaping appropriate
for the new construction. Planters shall be included for
Pad D. A deposit to cover the cost of landscape plan review
shall accompany the submittal.
26. Prior to the issuance of any building permits, a lighting
plan for the exterior of the buildings shall be submitted
for review and approval by the Community Development
Director to demonstrate compliance with Chapter 17.30 of
the Moorpark Municipal Code. A deposit to cover the cost of
lighting plan review shall accompany the submittal.
27. A screened wall with a pedestrian gate shall be installed
at the entrance to the walkway behind the proposed fitness
center to prevent unauthorized access. This area shall be
lighted to the satisfaction of the Community Development
Director and Police Chief.
28. Prior to the issuance of a building permit the applicant
shall submit the building colors for review and approval by
the Community Development Director.
29. A separate Sign Permit application is required for all
proposed signs. All signs shall be consistent with approved
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Resolution No. 2005 -
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signs for the shopping center, subject to the approval of
the Community Development Director.
30. For all flat roofed portions of buildings, a minimum
eighteen (18 ") inch parapet wall above the highest point of
the flat roof shall be provided on all sides. Ground -
mounted equipment is preferred. Roof - mounted equipment that
cannot be ground- mounted may be approved by the Community
Development Director. In no event shall roof - mounted
equipment (vents, stacks, blowers, air conditioning
equipment, etc.) be allowed unless architecturally screened
from view on all four sides and painted to match the roof.
All screening shall be maintained for the life of the
permit.
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Resolution No. 2005 -
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SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 2005 -01
1. All conditions of approval of Resolution No. 1995 -1164
shall apply unless modified by this Conditional Use Permit.
2. Any massage businesses or technicians operating in the
fitness center shall have all required licenses from the
City consistent with Chapter 5.48 of the Moorpark Municipal
Code.
3. On -site sale of alcoholic beverages without prior approval
of a separate or amended Conditional Use Permit is
prohibited.
- END -
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