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HomeMy WebLinkAboutRES CC 2003 2129 2003 1001RESOLUTION NO. 2003 -2129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 TO 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 October 1, 2003, the City Council considered Minor Modification No. 1 to Major Modification No. 3 to Commercial Planned Development Permit (CPD) No. 1989 -01 on the application of Moorpark Club, LLC to allow two (2) outdoor swimming pools, restroom facilities and a recreation area associated with an existing health club located at 543 W. Los Angeles Avenue within the Mission Bell Plaza shopping center (Assessor Parcel No. 511 -0- 080 -545); and WHEREAS, at its meeting of October 1, 2003, 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. ENVIRONMENTAL DOCUMENTATION: A Final Environmental Impact Report (EIR) was certified and two (2) 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 substantial evidence to constitute a third Addendum to the Mission Bell Plaza Final EIR. SECTION 2. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the special conditions and attached standard Conditions of Approval meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code. Resolution No. 2003 -2129 Page 2 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 3. CITY COUNCIL APPROVAL: The City Council hereby approves Minor Modification 1 to Major Modification 3 to CPD No. 1989 -01: A. Subject to the following special Conditions of Approval: 1. All findings and conditions of CPD Nos. 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 compact parking spaces shall remain and be labeled with the words "COMPACT ONLY" at the rear of the parking space, adjacent to the aisle. The lettering shall be 8- inches high. Any future expansion of the center shall be subject to a redesign of the entire parking lot that would configure all parking spaces such that they would all meet parking standards in effect at that time. 3. All proposed signs, including use of the marquee sign, shall be reviewed and subject to approval by the Community Development Director. If necessary, upon application by the property owner or owner's representative, the Community Development Director may modify the existing Sign Program. 4. The approval of this Minor 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 Disposition and Development Agreement (DDA), as amended. Resolution No. 2003 -2129 Page 3 5. Prior to or concurrently with the construction of the pool decking 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 interface shall be designed to the satisfaction of the Community Development Director and Community Services Director. 6. Prior to the issuance of a Zoning Clearance for the building permit for the pool the applicant shall submit a Landscape Plan for review and approval, along with the required fees for review and inspection. Approval of the Landscape Plans shall be to the satisfaction of the Community Development Director. All landscaping shall be installed prior to the certificate of occupancy of the pool and pool buildings. 7. The approval of this Minor Modification includes use of the pool area for the Moorpark Unified School District swim teams and water polo teams. The use of the pool facility is for the practice and meets for these teams, as specified in this report. Any change to the use of the pool area including, but not limited to, operation of the pool facility independently from the gymnasium, special pool events, or expanded use by the Moorpark Unified School District or use by other private or public schools shall require prior approval of the Community Development Director or City Council, depending upon the significance of the change. 8. The hours of operation of the pool facility shall be the same hours as for the gymnasium facility. B. Subject to the standard Conditions of Approval in Exhibit A (Standard Conditions of Approval) attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: 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. Resolution No. 2003 -2129 Page 4 PASSED AND ADOPTED the ATTEST: tz� Deborah S. Traffenste , t Exhibit A: Standard Conditions of Approval Resolution No. 2003 -2129 Page 5 EXHIBIT A STANDARD CONDITIONS OF APPROVAL FOR MINOR MODIFICATION NO. 1 TO 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 indicated by the City within five (5) business days after notification. 3. This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations on file in the Community Development Department office. The location of all site improvements shall be as shown on the approved plot plans and elevations on file in the Community Development Department Office, except or unless otherwise indicated in the special conditions included in the resolution, or herein in the following conditions. All 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 environmental assessment. 4. This development is subject to all applicable regulations of the CPD Zone, and all requirements and enactments of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 5. In the event that the uses for which the CPD Permit, as approved, is determined to be abandoned, the City of Moorpark may, at its discretion, initiate 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 Resolution No. 2003 -2129 Page 6 period of 180 or more consecutive days. Initiation 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 limitations set forth. 8. The Permittee agrees as a condition 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 the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation 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 commencement 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 faithful performance surety. At the discretion of the Community Development 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 satisfaction 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 after any change of property ownership or change of lessee(s) or operator(s) of the subject building, the current or new owner shall file the Resolution No. 2003 -2129 Page 7 name (s) and address (es) of the new owner(s), lessees) or operator(s) with the Community Development Department. The change of ownership letter shall include 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. All applicable fees and procedures shall apply for said review. 13. Prior to the issuance of a building permit, the Permittee shall provide proof 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. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Community Development Department. 16. 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 District. 17. The Permittee and his /her successors, heirs, and assigns shall remove any graffiti within 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. Resolution No. 2003 -2129 Page 8 18. 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 establishing schedule of land development preliminary processing fee deposits and shall be required to pay all outstanding Condition Compliance costs prior to issuance of a Zoning Clearance for a building permit. 19. 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 to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 20. If skylights are used, the 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. 21. All roof - mounted equipment 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 Development Director may request that a noise study, prepared by a licensed Acoustical Engineer in accordance with acceptable engineering standards, be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level 22. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. Prior to any restriping of the parking lot, a Zoning Clearance shall be obtained. 23. 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 Resolution No. 2003 -2129 Page 9 areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 24. 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 City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 25. 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 jurisdiction and to provide verification to the City Engineer and the Community Development Director of such, prior to commencement of the work allowed by this Agreement. 26. All improvements shall be constructed in accordance with the Plans, as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required and all accepted construction practices, as determined by the City Engineer, without exception. 27. 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 determined 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 standards and regulations in effect at the time of construction of the improvements. 28. 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 provisions of this Agreement, City shall accept the Improvements as complete. 29. 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 Resolution No. 2003 -2129 Page 10 only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 30. Permittee shall guarantee against defective plans, labor and materials for a period of one (1) year following City acceptance of the Improvements as complete. 31. In the event any of the Improvements are determined to be defective within the time provided 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 the exigencies of the situation require that repair, replacement or reconstruction work to be performed before Permittee can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Permittee and its surety shall be obligated to pay the City for the actual cost of such work together with the city's administrative costs. 32. 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 work, not otherwise shown or noted on the Plan. Prior to the city's inspection and acceptance of the Improvements, Permittee shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. Resolution No. 2003 -2129 Page 9 areas shall be maintained at all 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 City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the 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 jurisdiction and to provide verification to the City Engineer and the Community Development Director of such, prior to commencement of the work allowed by this Agreement. 27. All improvements shall be constructed in accordance with the Plans, as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required and all accepted construction practices, as determined by the City Engineer, without exception. 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 determined 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 standards 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 provisions 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 Resolution No. 2003 -2129 Page 10 only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 31. Permittee shall guarantee against defective plans, labor and materials for a period of one (1) 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 provided 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 the exigencies of the situation require that repair, replacement or reconstruction work to be performed before Permittee can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Permittee and its surety shall be obligated to pay the City for the actual cost of such work together with the 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 work, not otherwise shown or noted on the Plan. Prior to the city's inspection and acceptance of the Improvements, Permittee shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. Resolution No. 2003 -2129 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. 2003 -2129 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 1St day of October, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 7 t day of October, 2003. Deborah S. Traffenstedt, ity Clerk (seal)