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HomeMy WebLinkAboutRES CC 2005 2372 2005 0831RESOLUTION NO. 2005 -2372 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. Resolution No. 2005 -2372 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. Resolution No. 2005 -2372 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 ADO ATTEST: Deborah S. Traffenste t, City Clerk Attachment: Exhibit A - Standard Conditions of Approval for Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 and Special Conditions of Approval for Conditional Use Permit No. 2005 -01 Resolution No. 2005 -2372 Page 4 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. Resolution No. 2005 -2372 Page 5 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. 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 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 Resolution No. 2005 -2372 Page 6 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, 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, 2005, and annually thereafter, the fee ($22,838.00 per acre) shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period 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. 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. Resolution No. 2005 -2372 Page 7 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 two (2) business days after the City Council adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark two 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. Resolution No. 2005 -2372 Page 8 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 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 Resolution No. 2005 -2372 Page 9 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. Resolution No. 2005 -2372 Page 10 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 or consumption of alcoholic beverages without prior approval of a separate or amended Conditional Use Permit is prohibited. - END - Resolution No. 2005 -2372 Page 11 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2005 -2372 was adopted by the City Council of the City of Moorpark at a special meeting held on the 31st day of August, 2005, 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 30th day of September, 2005. Deborah S. TraffensteYe, City Clerk (seal)