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HomeMy WebLinkAboutRES 2002 423 0408RESOLUTION NO. PC- 2002 -423 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2002 -1 AND MINOR MODIFICATION NO. 4 TO THE CARLSBERG SPECIFIC PLAN SP 92 -1 REGARDING LIGHTING STANDARDS FOR AN APPROXIMATELY 29 -ACRE SITE ON THE SOUTHEAST CORNER OF NEW LOS ANGELES AVENUE AND MILLER PARKWAY, ON THE APPLICATION OF ZELMAN RETAIL PARTNERS, INC. (ASSESSOR PARCEL NOS. 512- 0 -260- 015, 085, AND 105) WHEREAS, at a duly noticed Public Hearing on April 8, 2002, the Planning Commission considered Zoning Ordinance Amendment No. 2002 -1 and Minor Modification No. 4 to the Carlsberg Specific Plan SP 92 -1 regarding lighting standards for an approximately 29 -acre site on the southeast corner of New Los Angeles Avenue and Miller Parkway, on the application of Zelman Retail Partners, Inc. (Assessor Parcel No. 512 -0- 260 -015, 085, and 105); and WHEREAS, the proposed project is more specifically described as follows: Zoning Ordinance Amendment No. 2002 -1: A request for a change to Ordinance No. 195 "Carlsberg Specific Plan Land Use Regulations" by adding lighting requirements to allow for 25 -foot high light poles, drop -down lenses, and light values up to 8.2 foot - candles; Minor Modification No. 4 to the Carlsberg Specific Plan 92- 1: A request for a change to the Specific Plan to permit 25 -foot high light poles, drop -down lenses, and light values up to 8.2 foot - candles; and WHEREAS, at its meeting of April 8, 2002, the Planning Commission conducted a public hearing, received public testimony, and reached a decision. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Planning Commission does hereby find that Zoning Ordinance Amendment No. 2002 -1 and Minor Modification No. 4 to the Carlsberg Specific Plan 92 -1 are consistent with the City's General Plan and the Carlsberg S: \Community Development \Everyone \PC FINAL RESO \pc 423 reso zoa 2002 -01 mm 4 zelman.doc Modified: 04/09/02 RESOLUTION NO. PC- 2002 -423 ZOA 2002 -1, MINOR MOD.4 to SP 92 -1 Page 2 Specific Plan 92 -1 and that the proposed modifications will not materially affect the overall purpose and intent of the Specific Plan. SECTION 2. That the Planning Commission further finds that Zoning Ordinance Amendment No. 2002 -1 and Minor Modification No. 4 to the Carlsberg Specific Plan 92 -1 are consistent with the Environmental Impact Report prepared for the Specific Plan. SECTION 3. That the Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2002 -1 (Exhibit A). SECTION 4. That the Planning Commission recommends to the City Council approval of Minor Modification No. 4 to the Carlsberg Specific Plan 92 -1 (Exhibit B), subject to conditions of approval (Exhibit C). The action of the foregoing direction was approved by the following vote: AYES: Commissioner Parvin, Vice -chair Landis, Commissioner Dicecco, Commissioner Haller and Chair Otto NOES: ABSTAIN: ABSENT: PASSED AND ADOPTED THIS 8TH DAY OF APRIL 2002. William F. Otto, Cha- ATTEST: Deborah S. Traffensst &' Acting Community Development Director EXHIBITS: A. Draft Ordinance Amending Sections 8119 -5.4 and 8119 -6.5 of Ordinance No. 195 B. Amended Language to Chapter IV, Development Standards, Specific Plan 92 -1 C. Draft Conditions of Approval S: \Community Development \Everyone \PC FINAL RESO \pc 423 reso zoa 2002 -01 mm 4 zelman.doc EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTIONS 8119 -5.4 AND 8119 -6.5 OF ORDINANCE NO. 195 `CARLSBERG SPECIFIC PLAN LAND USE REGULATIONS" RELATED TO SITE DEVELOPMENT STANDARDS IN THE SUB- REGIONAL RETAIL /COMMERCIAL AND BUSINESS PARK ZONES OF THE CARLSBERG SPECIFIC PLAN WHEREAS, the City Council has determined that a need exists to provide adequate standards and regulations concerning exterior lighting in the Carlsberg Specific Plan Sub - Regional Retail /Commercial and Business Park zones; and WHEREAS, the City Council desires that standards and regulations affecting exterior lighting are necessary to ensure the public health, safety and welfare within the various neighborhoods; and WHEREAS, the Planning Commission at a duly noticed public hearing on April 8, 2002, adopted Resolution PC -2002- recommending that the City Council consider and adopt the amendment to Ordinance No. 195 as contained in Exhibit A to that resolution; and Whereas, the City Council on 1 2002 conducted a public hearing, took public testimony, closed the hearing, and reached its decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 8119 -5.4 of Ordinance No. 195 "Site Development Standards (Sub- Regional Retail /Commercial Zone)" is amended by adding subsection "e" as follows: Sec. 8119 -5.4 - Site Development Standards e. Lighting: 1) Light poles in the parking areas shall not exceed 25 feet in height measured from the ground to the top of the light fixture. All other exterior Ordinance No. Page 2 light poles shall conform to standards of the Moorpark Municipal Code. 2) Drop -down lenses not to exceed two inches may be used in the light fixtures, provided that the lamps are fully recessed in the fixture to the satisfaction of the Community Development Director. 3) Lighting values in the parking areas shall not exceed 8.2 foot - candles under a normally - maintained condition. 4) All other lighting regulations contained in the Moorpark Municipal Code shall apply. SECTION 2. Section 8119 -6.5 of Ordinance No. 195 "Site Development Standards (Business Park Zone)" is amended by adding new subsection "g" and renaming existing subsection "g." to "h." as follows: Sec. 8119 -6.5 - Site Development Standards g. Lighting: 1) Light poles in the parking areas shall not exceed 25 feet in height measured from the ground to the top of the light fixture. All other exterior light poles shall conform to standards of the Moorpark Municipal Code. 2) Drop -down lenses not to exceed two inches may be used in the light fixtures, provided that the lamps are fully recessed in the fixture to the satisfaction of the Community Development Director. 3) Lighting values in the parking areas shall not exceed 8.2 foot - candles under a normally - maintained condition. 4) All other lighting regulations contained in the Moorpark Municipal Code shall apply. h. All other applicable City codes /standards apply. S: \Community Development \Everyone \PC FINAL RESO \pc 423 zoa 2002 -01 zelman ord EXHIBIT A.doc Modified: 04/10/02 Ordinance No. Page 3 SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk S: \Community Development \Everyone \PC FINAL RESO \pc 423 zoa 2002 -01 zelman ord EXHIBIT A.doc Modified: 04/10/02 EXHIBIT B Planning Commission Resolution No. PC- 2002 -423 Minor Modification No. 4 to SP -92 -1 Subsection F.4. (Page 57), Sub - Regional Retail /Commercial (SR /C) Site Development Standards, of Chapter IV Development Standards of the Carlsberg Specific Plan dated September 7, 1994, are amended by adding the following language: e. Lighting: 1) Light poles in the parking areas shall not exceed 25 feet in height measured from the ground to the top of the light fixture. All other exterior light poles shall conform to standards of the Moorpark Municipal Code. 2) Drop -down lenses not to exceed two inches may be used in the light fixtures, provided that the lamps are fully recessed in the fixture to the satisfaction of the Community Development Director. 3) Lighting values in the parking areas shall not exceed 8.2 foot - candles under a normally - maintained condition. 4) All other lighting regulations contained in the Moorpark Municipal Code shall apply. Subsection G.4. (Page 59), Business Park (BP) Site Development Standards, of Chapter IV Development Standards of the Carlsberg Specific Plan dated September 7, 1994, is amended by adding new subsection "g" and renaming existing subsection "g." to "h." as follows: g. Lighting: 1) Light poles in the parking areas shall not exceed 25 feet in height measured from the ground to the top of the light fixture. All other exterior light poles shall conform to standards of the Moorpark Municipal Code. S: \Community Development \Everyone \PC FINAL RESO \pc 423 zoa 2002 -01 Zelman EXHIBIT B.doc Modified: 04/10/02 Resolution No. PC- 2002 -423 EXHIBIT B Page 2 2) Drop -down lenses not to exceed two inches may be used in the light fixtures, provided that the lamps are fully recessed in the fixture to the satisfaction of the Community Development Director. 3) Lighting values in the parking areas shall not exceed 8.2 foot - candles under a normally - maintained condition. 4) All other lighting regulations contained in the Moorpark Municipal Code shall apply. h. All other applicable City codes /standards apply. S: \Community Development \Everyone \PC FINAL RESO \pc 423 zoa 2002 -01 Zelman EXHIBIT B.doc RESOLUTION NO. PC- 2002 -243 ZOA 2002 -1, MINOR MOD.4 to SP 92 -1 EXHIBIT C CONDITIONS OF APPROVAL FOR MINOR MODIFICATION NO. 4 TO THE CARLSBERG SPECIFIC PLAN (SP 92 -1) 1. The parking lot lighting for the commercial center shall be constructed in substantial conformance with the photometric study plans and light specifications received by the City of Moorpark on April 2, 2002. 2. Prior to issuance of a Certificate of Occupancy, the actual photometric numbers shall be measured in the field by the City at the applicant's expense. Any discrepancy in excess of 15 percent from the lighting values shown on the plans shall be corrected to the satisfaction of the Community Development Director prior to issuance of a Certificate of Occupancy. 3. No changes to any of the specified light poles, light fixtures, lamps, or ballast units shall be made without prior approval by the Community Development Director. S: \Community Development \Everyone \PC FINAL RESO \pc 423 zoa 2002 -01 Zelman cond EXHIBIT C.doc Modified: 04/10/02