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Home My WebLink AboutRES PC 2005 0480 0614RESOLUTION NO. PC- 2005 -480 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF 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, at duly noticed public hearings on April 26, 2005, May 23, 2005, and June 14, 2005, the Planning Commission considered Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01 on the application of Constantino Noval for the build -out of three (3) existing pad areas with 17,324 square feet of building space and a Conditional Use Permit to allow a 7,724 square -foot fitness center within 100 feet of residentially -zoned property, at the southwest corner of Tierra Rejada Road and Mountain Trail Street; and WHEREAS, at its meetings of April 26, 2005, May 23, 2005, and June 14, 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments, opened the public hearing and took and considered public testimony both for and against the proposal, and reached a decision on this matter; and WHEREAS, the Planning Commission 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 (In -fill Development Projects) exemption. NOW, THEREFORE, THE PLANNING COMMISSION 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. 9; \Community Development \ADMIN \COMMISSION \Final ReSO \pc 480 CPD 90 -02; Mod 4 NOVal.dOC Resolution No. PC- 2005 -480 Page 2 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. 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 Planning Commission 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. Resolution No. PC- 2005 -480 Page 3 SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01 subject to the Special Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners DiCecco, Landis, Taillon and Vice -Chair Peskay NOES: ABSTAIN: ABSENT: Chair Pozza PASSED, AND ADOPTED this 14th day of June, 2005. Scott Pozza, 5Qair ATTEST: jar y E . Hoga u De v to ment Director Exhibit A - Special Conditions of Approval Resolution No, PC- 2005 -480 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. All applicable fees shall be paid prior to the issuance of each building permit. 6. 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. 7. 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. B. 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 Resolution No. PC- 2005 -480 Page 5 lighted to the satisfaction of the Community Development Director and Police Chief. 9. Prior to the issuance of a building permit the applicant shall submit the building colors for review and approval by the Community Development Director. 10. 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. 11. 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. Resolution No. PC- 2005 -480 Page 6 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 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 Conditional Use Permit is prohibited. - END -