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HomeMy WebLinkAboutRES CC 2002 2023 2002 1106RESOLUTION NO. 2002 -2023 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; and 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 substan�ial 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 t:ne special conditions and attached standard conditions o= approval meets the requirements of the City of Moorpark, Municipa_ Code Section 17.44.030 in that: Resolution No. 2002 -2023 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 No. 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 (15 %) 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 letEering 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. Resolution No. 2002 -2023 Page 3 5. The approval of this Major Modification to the CPD shall not be construed as a consent to any alternative use of the property within the meaning of Section 312 of the DDA, as amended. 6. A paved, clearly delineated connection shall be required, connecting the terminus of the sidewalk on Lassen Street at the northwest corner of the site, 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 sr:eriff 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. It shall be installed in the travel aisle located at the rear of the theater and Albertson's market buildings at the aisle connection to Lassen Street. 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 insn_ection. 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 /obscure the northern wall, screen the pool area and to enhance the entrance to Poindexter 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. Resolution No. 2002 -2023 Page 4 SECTION 6. The this resolution and filed in the book of City Clerk shall shall cause a original resc PASSED AND ADOPTED this 6th d ATTEST: certify to the adoption of certified resolution to be .1 Dinz � G. 7 F'I� Deborah S. Traffenst , City Clerk Exhibit A: Standard Conditions of Approva= Resolution No. 2002 -2023 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 ina -cated by the City within five (5) business days after notification. 3. This permit is gran-ed for the -and and project as identified on the entitlement app----'cation form and as shown on the approved plot plans and elevations on file in the Community Developmen- Department office. The location of all site improvements shall be as shown on the approved plot plans and elevations on file 'n -he Community Development Department Office, except or unless otherwise indicated in the special conditions included in the resolution, or herein in the following conditions. Ai- 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 environme=al assessment. 4. This development is subject to all applicable regulations of the CPD Zone, and all requirements and enactments of Federal, StaEe, Ventura Cour.ty, City authorities, and any other governmental emu ities, and a-1 such requirements and enactments shall, by reference, become conditions of this permit. 5. In the event that tl.e uses for which the CPD Permit as approved is determined to be abandonea, the City of Moorpark may, at its discretion, ini-iate 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 Resolution No. 2002 -2023 Page 6 consecutive days. = nitiation of revocation procedures may 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 lim- Cations set forth. 8. The Permittee agrees as a cond_tion 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 `he City may be required by the court Eo oay as a result of any such action or in the alternative to relinquish th -s permit. The City may, at its sole discretion, par -icipate in the defense of any such action, but such participat -on 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 co=..encement 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 fai-:�hful performance surety. At the discretion of the C =_nunity Develop-rent 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 sat- sfaction 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 aflLer any change of property ownership or change o= lessee(s) or operator(s) of the subject building, t : .ne current or new owner shall file the Resolution No. 2002 -2023 Page 7 names) and address (es) of the new owner(s), lessees) or operators) with the Community Development Department. The change of ownership letter shall inc -ude 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. A1= applicable fees and procedures shall apply for said review. 13. Prior to the issuance of a building permit, the Permittee shall provide proo-f 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 wor_:{ 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 d- scretion, 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 :r:usr- be made in wri-ing to the Community Development Director, at least thirty (30) -days prior to the expiration date of the permit. Resolution No. 2002 -2023 Page 8 16. Prior to approval of construction plans for plan check or initiation of any construe ion activity, a Zoning Clearance shall be obtained from the Community Development Department. 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 Distr_ct. 18. The Permittee and his /her successors, heirs, and assigns shall remove any graffiti with_n 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 -stabl -skiing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condi_ ion 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 zo this action, the City may enact specia= assessment proceedings against the parcel of land upon which the nu -sance existed (Municipal Code Section 1.12.080). 21. If skylights are used, she 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 equipmen, 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 Resolution No. 2002 -2023 Page 9 Development Director may request that a noise study, prepared by a licensed Acoustical Engineer in accordance with acceptable er_cineering standards, be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level 23. All parking space and loading bay striping shall be maintained so that it rema -ns 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 a-. ali 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 Ci-:�y Engineer and -he Community Development Director provide wr.ir_ten concurrence that all requirements have been fulfilled for -he 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 ;urisdiction and to provide verification to the City Engineer and the Community Development Director of such pr -o-- to commencement of the work allowed by this Agreement. 27. All improvements shall be constructed in accordance with the Plans as noted ereviously on these conditions, all applicable City standards and regular ions, all applicable conditions required and all accepted construction practices, as determined by the City Engineer, without exception. Resolution No. 2002 -2023 Page 10 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 determ -ned 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 with said City star_dards 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 previsions 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 pub - -c 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 orovided 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 Lhe exicenci.es of the situation require that repair, replacement or reconstruction work to be performed before ?er.mittee can be notified, City may, at its option, make or cause to be trade 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 zhe 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 worts, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Permittee steal- transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. Resolution No. 2002 -2023 Page 11 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2002 -2023 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of November, 2002, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Harper, Mikos, Millhouse, Wozniak WITNESS my hand and the official seal of said City this 2nd day of January, 2003. aLe -z'- 15. I � Deborah S. Traffenste , City Clerk (seal)