HomeMy WebLinkAboutRES CC 2011 3063 2011 1005RESOLUTION NO. 2011 -3063
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING INDUSTRIAL
PLANNED DEVELOPMENT PERMIT NO. 2009 -01 AND
CONDITIONAL USE PERMIT NO. 2009 -01 TO ALLOW A
559,450 SQUARE -FOOT MOTION PICTURE STUDIO COMPLEX
WITH 12 SOUNDSTAGES, 3 OFFICE BUILDIINGS, 18 STUDIO
SUPPORT BUILDINGS, AND SURFACE PARKING, WITH
BUILDING HEIGHTS ABOVE 30 FEET ON A 44.467 ACRE SITE
LOCATED ON THE NORTH SIDE OF LOS ANGELES AVENUE,
WEST OF GABBERT ROAD, ON THE APPLICATION OF
TRILIAD DEVELOPMENT, INC. FOR LOS ANGELES AVENUE
LLC
WHEREAS, on March 23, 2009, Triliad Development, Inc., on behalf of Los Angeles
Avenue LLC, filed applications for General Plan Amendment 2009 -01, Zone Change No.
2009 -01, Industrial Planned Development No. 2009 -01, Conditional Use Permit No. 2009 -01,
and Development Agreement No. 2009 -02 in association with a proposed 559,450 square -
foot motion picture studio complex project with 12 soundstages, 3 office buildings, 18 studio
support buildings, and surface parking on a 44.467 acre site located on the north side of Los
Angeles Avenue, west of Gabbert Road; and
WHEREAS, on May 3, 2011, the Planning Commission adopted Resolution No. PC-
2011 -563, which included recommendations that the City Council approve Industrial Planned
Development Permit No. 2009 -01 and Conditional Use Permit No. 2009 -01 to allow a
559,450 square -foot motion picture studio complex with 12 soundstages, 3 office buildings,
18 studio support buildings, and surface parking, with building heights above 30 feet on the
44.467 acre project site; and
WHEREAS, at a duly noticed public hearing on October 5, 2011, the City Council
considered the agenda report for Industrial Planned Development Permit No. 2009 -01 and
Conditional Use Permit No. 2009 -01 and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both for and
against the proposal, closed the public hearing; and
WHEREAS, the City Council has read, reviewed considered, and adopted the
proposed Mitigated Negative Declaration prepared for the project referenced above.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set
forth in the staff report(s), 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:
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1. The site design, including structure location, size, height, setbacks, massing, scale,
architectural style and colors, and landscaping, is consistent with the provisions of the
general plan, any applicable specific plans, zoning ordinance, and any other applicable
regulations in that the proposed project meets or exceeds the Ordinance requirements
for setbacks, parking, and landscaping, meets the conditional use permit findings for
increased height, and meets or exceeds the existing General Plan and zoning
designation requirements for the property; and
2. The site design would not create negative impacts on or impair the utility of properties,
structures or uses in the surrounding area in that the project has been designed in a
manner consistent with the Moorpark General Plan and Municipal Code, and
conditions of approval have been proposed to mitigate potential negative impacts; and
3. The proposed uses are compatible with existing and permitted uses in the surrounding
area in that the proposed building colors and architecture are designed to be
compatible with each other and the proposed buildings are located in such a manner
so as not to cause problems with the use of the adjacent properties and conditions of
approval have been added to mitigate any potential incompatibility.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information
set forth in the staff report(s), accompanying studies, and oral and written public testimony,
the City Council makes the following findings in accordance with City of Moorpark, Municipal
Code Section 17.44.040:
1. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that the zoning ordinance allows for
building heights up to 60 feet subject to a conditional use permit, the site is not with a
protected scenic area as described in the City's General Plan, and no unique visual
resources would be affected by the implementation of the project; and
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area in that building heights up to 60 feet could be conditionally permitted
for any permitted development of this site, and this site has been consistently
designated for industrial and /or commercial uses since the City's incorporation in 1983
and surrounding and existing land uses have been developed or proposed with these
designations in mind; and
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that the proposed building heights, colors, and architecture
are designed specifically for this use to blend in with each other and the proposed
buildings are located in such a manner so as not to cause conflicts with the use of the
adjacent properties. Architectural appurtenances may exceed the maximum building
height standards, provided that they do not add floor area and are evaluated on a
case -by -case basis as part of the permit and conditions of approval addressing items
Resolution No. 2011 -3063
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such as general maintenance, landscaping, and items such as exterior vents,
equipment and ladders have been added to mitigate any potential incompatibility; and
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions of approval have been proposed to
regarding architecture, parking, noise, lighting, and hours of operation; and
5. The proposed use would not be detrimental to the public health, safety, convenience,
or welfare in that environmental mitigation measures and conditions of approval have
been put in place to mitigate any effects upon the public health, safety, convenience,
or welfare.
SECTION 3. CITY COUNCIL APPROVAL: The City Council approves:
A. Industrial Planned Development No. 2009 -01, subject to the special and standard
Conditions of Approval included in Exhibit A, attached hereto and incorporated herein
by reference; and
B. Conditional Use Permit No. 2009 -01, subject to the special and standard Conditions of
Approval included in Exhibit A, attached hereto and incorporated herein by reference.
SECTION 4. The effective date of this resolution and shall be concurrent with the
effective date of the Resolution for General Plan Amendment No. 2009 -01, and the
Ordinances for Zone Change No. 2009 -01 and Development Agreement No. 2009 -02,
whichever occurs last.
SECTION 5. 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 5th day of October, 2011.
Ja ice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A: Standard and Special Conditions of Approval for Industrial Planned
Development No. 2009 -01 and Conditional Use Permit No. 2009 -01
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EXHIBIT A
CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2009-
01 AND CONDITIONAL USE PERMIT NO. 2009 -01
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Planned Development
Permits and Conditional Use Permits as adopted by City Council Resolution No. 2009 -2799
(Exhibits A and B), except as modified by the Development Agreement for this project and
the following Special Conditions of Approval. In the event of conflict between a Standard and
Special Condition of Approval, the Special Condition shall apply. In the event of a conflict
between the Development Agreement for this project and any Standard or Special Condition
of Approval, the terms of the Development Agreement shall apply.
SPECIAL CONDITIONS FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2009 -01 AND
CONDITIONAL USE PERMIT NO. 2009 -01
1. These entitlements shall not be effective until the Development Agreement between
the City of Moorpark and Los Angeles Avenue LLC for this project is fully executed.
The project shall comply with (i) the terms of the Development Agreement, (ii) the
Standard and Special Conditions of Approval for IPD No. 2009 -01 and CUP No. 2009-
01, and (iii) the Mitigation Monitoring and Reporting Plan of the Mitigated Negative
Declaration prepared for this project.
2. All public and private road improvements, including curb, gutter, sidewalk, and
landscaping required as part of this project must be completed prior to occupancy of
the first building unless alternative timing is provided for in the Development
Agreement to the satisfaction of the City Engineer /Public Works Director and
Community Development Director. On the south side of Los Angeles Avenue west of
Mira Sol Drive, where there is insufficient room for street trees within the sidewalk,
vine pockets with a City- approved irrigation system must be added along the property
line walls to the satisfaction of the City Engineer /Public Works Director and Community
Development Director.
3. The applicant shall be responsible for all costs associated with the processing of an
annexation application through the City and Ventura County LAFCo for the additional
Los Angeles Avenue right -of -way needed as part of this project.
4. Prior to issuance of any building permits, the applicant shall submit a fence and wall
plan consistent with fence and wall design on the approved plans to the satisfaction of
the Community Development Director. All fences /walls along project boundaries as
shown on the approved plans must be in place prior to occupancy of any buildings on
site, unless an alternative schedule is approved by the Community Development
Director.
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5. Prior to issuance of a Zoning Clearance for each building permit, colors and materials
shall be submitted to the Community Development Director for review and approval.
Exterior downspouts may be used on the studio buildings and interior support
buildings, subject to review and approval by the Community Development Director, but
the office buildings along the Los Angeles Avenue and North Hills Parkway frontages
must have interior downspouts.
6. Prior to the issuance of each building permit, the applicant shall provide a sample of
the glass to be used, along with the manufacturer's specifications for exterior
reflectance, for review and approval by the Community Development Director. Glass
used along the Los Angeles Avenue and North Hills Parkway street frontages shall not
exceed 8% exterior reflectance.
7. Concurrent with the lighting review to determine compliance with Chapter 17.30 of the
Moorpark Municipal Code, the applicant shall provide the Community Development
Director exhibits demonstrating that all lighting fixtures are architecturally compatible
with the buildings and landscaping.
8. Prior to issuance of a Zoning Clearance for each building plan check, the final number
of parking spaces provided for each phase will be reviewed and approved by the
Community Development Director.
9. The applicant shall provide a comprehensive parking regulation plan for review and
approval of the Community Development Director prior to the issuance of any building
permits. The plans must identify locations where overnight parking of trucks, trailers,
and other vehicles associated with the studio use will be located. All parking spaces
must be available exclusively for the studio project and not for any other use. The
applicant shall post the parking lots with signage to the satisfaction of the Community
Development Director in compliance with the Moorpark Municipal Code and California
Vehicle Code indicating that unauthorized vehicles will be towed away. Any use by the
applicant of parking spaces for something other than the parking of vehicles for the
studio project is subject to a separate permit. As part of the plan, a covenant and
agreement shall be provided for recordation tying the property containing the parking
area west of North Hills Parkway to the rest of the project property for as long as the
parking is needed to the satisfaction of the Community Development Director and City
Attorney.
10. Prior to operation of the parking lot shuttle, the applicant must obtain an encroachment
permit or license agreement for any crossing of a public right -of -way and provide a
shuttle operation plan to the satisfaction of the City Engineer /Public Works Director.
Fire Department Conditions
11. All production studio sound stages, approved production facilities and production
locations shall meet the requirements of Chapter 48 of the 2010 California Fire Code
and NFPA 140 of the National Fire Protection Association Standards.
12. In accordance with the Fire Code and the Ventura County Fire Department
requirements, extended use operational permits shall be obtained prior to ongoing
hazardous activities. These permits shall only be valid for onsite use and will expire 1
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year from the date of issue. Examples of required extended use operational permits
are listed below:
a. Storage, handling and use of compressed and flammable gases
b. Storage, handling and use of compressed and flammable liquids
c. Storage, handling and use of explosives and blasting agents
d. Storage, handling and use of hazardous materials
e. High piled combustible storage, typically 12ft high or more
f. Hot work, cutting, welding and grinding
g. Spraying or dipping
13. In accordance with the Fire Code and the Ventura County Fire Department
requirements, single use operational permits shall be obtained form this department
prior to each individual hazardous activities. Examples of required single use
operational permits are listed below:
a. Use of pyrotechnic special effects
b. Open flames
c. Tents- temporary membrane structures
d. Presence of motor vehicles for filming or exhibition purposes within a building
e. Change in use or occupancy— anytime a change in use or occupancy is
intended by the owner (e.g., for live audience shows, wrap parties, etc.)
f. Seating arrangements of all live audience stages
g. Cast and crew on a set will exceed 99 persons
h. If a set is of significant size and will be used for an extended time period. Six or
more weeks.
14. Some single use operational permits due to size, scope and the compounded hazards
associated with the activity proposed may be denied or required to have a standby fire
safety officer(s). The Fire Marshal may place conditions on such permits on a case -
by -case basis. The cost of this position shall be funded by the studio or production
company.
15. Ventura County Fire Department, Fire Prevention Staff shall only be designated to
serve as a standby fire safety officer for live audience shows. The cost of this position
shall be funded by the studio or production company.
16. Welding and other hot work shall comply with Article 26 of the 2010 California Fire
Code. A fire watch shall be required for all hot work activities.
17. A designated on -site Fire Department Fire Inspector may be required at this facility in
the future. The hours and duration of the position will be dependent upon the volume
and type of filming activity. This position could be filled as a part or full time position
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and may be fixed term or permanent. The cost of this position shall be funded by the
studio. Funding for this position may allow for a waiver of some or all of the fees
required for permits in condition #2 and #3.
18. In conjunction with the Fire Department, studio management shall develop a fire safety
guidebook for production companies considering filming at the studio. The guide shall
provide information regarding general fire safety practices and the permit requirements
and process. Prior to the commencement of filming, a meeting shall be held with the
production company to review the guidebook and ensure they are aware of Fire
Department and studio safety requirements regarding filming.
19. Drive aisles that are part of required emergency access shall be maintained clear of
vehicle parking and equipment storage. Such drive aisles shall be clearly marked in
accordance with Fire Department specifications.
20. Approved storage containers shall be provided for pyrotechnic special effects.
21. Decorative materials (drapes, drops, cut greens, etc.) shall meet the flame- retardant
requirements of Title 19 California Code of Regulations, Chapter 5, and Chapter 8,
Sections 807.4.2.4 and 807.4.5.
22. The cost of any fire and life safety equipment used exclusively for production activities
on site shall be the responsibility of the studio (heat guns, etc.)
23. A safety plan shall be developed for the facility that will aid Fire Department personnel
responding to an emergency at the site. It shall include a site map identifying the
buildings and areas of the studio, procedures for different types of emergencies (fire,
medical, natural disaster, etc.) and communications.
24. The following building features shall be provided on all sound stages:
a. All exit doors shall be provided with panic hardware and swing in the direction
of travel
b. A kill switch for shutting off electrical power to the building shall be provided in
an easily accessible, conspicuous location. It shall be maintained secure with a
Knox locking device of some type.
c. Because of the unique building features that do not allow for roof ventilation, a
smoke evacuation system shall be required. This system shall be on its own
electrical circuit to ensure continued operation when power has been shut off to
the rest of the building.
- END -
Resolution No. 2011 -3063
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STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2011 -3063 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 5th day of October,
2011, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 12th day of October, 2011.
Maureen Benson, City Clerk
(seal)