HomeMy WebLinkAboutRES PC 2009 547 2009 0825 RESOLUTION NO. PC-2009-547
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT NO.
2008-05 AND INDUSTRIAL PLANNED DEVELOPMENT NO.
2008-01, A REQUEST TO CONSTRUCT A NEW COMMERCIAL
FUELING FACILITY CONSISTING OF ONE (1) BUILDING AND
TWO (2) CANOPIES, ON THE SOUTH SIDE OF PRINCETON
AVENUE, JUST EAST OF THE SR-118 FREEWAY OVERPASS
ON THE APPLICATION OF TODD MANNER (FIEDLER GROUP)
FOR THE MOORPARK REDEVELOPMENT AGENCY
WHEREAS, at a duly noticed public hearing on June 23, 2009 and August 25,
2009, the Planning Commission considered Conditional Use Permit No. 2008-05 and
Industrial Planned Development No. 2008-01 on the application of Todd Manner
(Fiedler Group) for the Moorpark Redevelopment Agency to construct a new
commercial fueling facility consisting of one (1) building and two (2) canopies on the
south side of Princeton Avenue, just east of the SR-118 overpass; and
WHEREAS, at its meeting of June 23, 2009, 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 continued the public hearing to August 25, 2009; and
WHEREAS, at its meeting of August 25, 2009, the Planning Commission took
and considered additional public testimony both for and against the proposal, closed the
public hearing, and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15332 as a Class 32 exemption for Infill Development.
NOW, THEREFORE, THE PLANNING COMMISSION 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 Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. 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 all applicable standards of these
regulations would be met by the proposed development and the design of the
buildings;
Resolution No. PC-2009-547
Page 2
B. 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 proposed uses
are compatible with surrounding land uses and the circulation system provides
for logical connections with Princeton Avenue; and
C. The proposed use is compatible with existing and permitted uses in the
surrounding area in that the zoning anticipates this type of development and it is
consistent with criteria specified in applicable City Codes.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff reports, accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that it furthers Goal 10 of the
Land Use Element of the General Plan as follows: "Goal 10: Provide for a variety
of industrial uses which are located and designed in a compatible manner with
surrounding land uses";
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area in that the property is properly zoned and the buildings have
been designed to minimize any new impacts on the surrounding area ;
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that the colors, material and massing of the buildings
have been designed to be compatible with the surrounding residential character;
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that the canopies and building have been sited to
mitigate impacts on the residential uses to the east; and
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that the canopies and building have been sited to
mitigate impacts on the residential uses to the east, the Arroyo Simi, and
Princeton Avenue.
SECTION 3. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council approval of
Conditional Use Permit 2008-05 And Industrial Planned Development 2008-01
subject to the standard and special Conditions of Approval included in Exhibit A
(Standard and Special Conditions of Approval), attached hereto and incorporated
herein by reference.
Resolution No. PC-2009-547
Page 3
SECTION 4. FILING OF RESOLUTION: The Planning Director 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 Bagwell, Taillon, Vice Chair Landis, and Chair
Hamous
NOES: None
ABSTAIN: None
ABSENT: Commissioner Di Cecco
PASSED, AND ADOPTED this 25th day of August, 2009.
- A 1-01064
Bruce Hamou , .it
JAe
l /�
David A. Bobardt, Planni :f+irector
Exhibit A — Standard and Special Conditions of Approval
Resolution No. PC-2009-547
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT 2008-05 AND
INDUSTRIAL PLANNED DEVELOPMENT 2008-01
STANDARD CONDITIONS
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 (Exhibit A and B), except as modified by the following
Special Conditions of Approval. In the event of conflict between a Standard and Special
Condition of Approval, the Special Condition shall apply.
SPECIAL CONDITIONS
1 . The permittee's acceptance of this permit and/or commencement of construction
and/or operations under this permit are deemed to be acceptance of all
conditions of this permit.
2. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit 2008-05 And
Industrial Planned Development 2008-01, except any modifications as may be
required to meet specific Building Code and Zoning Code standards or other
conditions stipulated herein.
3. The applicant must provide color and material samples prior to issuance of a
Zoning Clearance. Final colors and materials shall be subject to approval of the
Planning Director.
4. Prior to occupancy, the applicant shall irrevocably offer to dedicate the street
frontage on Princeton Avenue in accordance with the City's ultimate right-of-way
improvements for that location to the satisfaction of the Planning Director, Public
Works Director/City Engineer, and City Attorney, and be reviewed and accepted
by the City Council.
5. Prior to issuance of a Zoning Clearance for construction, the applicant must
provide additional landscaping and drainage areas in the southeast and
southwest corners of the site to the satisfaction of the Planning Director and
Public Works Director.
6. As part of the landscape and irrigation plan, the applicant must upgrade the size
of tree plantings associated with the project by a valuation equal to or greater
than $7,720.00. Such upgrading may be in a combination of increased tree sizes
and additional tree plantings and is subject to the review and approval of the
Planning Director
Resolution No. PC-2009-547
Page 5
7. Prior to issuance of a Zoning Clearance for construction, the applicant must
irrevocably offer the southern portion of the site within the Arroyo Simi floodway
to the Ventura County Watershed Protection District (VCWPD) for flood control
purposes in a form to the satisfaction of the Public Works Director/City Engineer
and City Attorney.
8. On-site water detention area(s) may not be so deep, or the sides so steep, as to
require fencing, as determined by the Planning Director and City Engineer, prior
to issuance of a grading permit. Underground stormwater detention is not
permitted.
9. All signage must conform to the City's sign requirements and an approved sign
program. A monument sign may be constructed consistent with the sign
requirements and a sign program as approved by the Planning Director.
10. During construction, perimeter lighting must be installed at a minimum of 150 foot
intervals and at height not less than fifteen (15) feet from the ground. The light
source used must have a minimum light output of 2,000 lumens, be protected by
a vandal resistant cover, and be lighted during the hours of darkness.
Construction lighting is subject to review and approval of the Planning Director
and Chief of Police.
11. Prior to the commencement of construction, including grading, fencing not less
than six (6) feet in height, which is designed to preclude human intrusion, must
be installed along the perimeter boundaries of the construction site and shall be
secured with chain and Fire District padlocks for emergency vehicle access.
Alternatively, a uniformed security guard, licensed pursuant to Chapter 11 of the
Business and Professions Code of the State, shall be utilized to continually patrol
the construction site during the hours when construction work has ceased.
12. Any exterior maintenance, cleaning, sweeping, landscape work, and refilling of
fuel tanks may only be performed between 7:00 a.m. and 7:00 p.m. Monday
through Saturday.
13. Final architectural and site plan design and detailing, including parking lot,
landscaping and lighting design is subject to review and approval of the Planning
Director.
14. The lighting plan must include a system that uses dual level controls on the
canopy lights to provide low level lighting when vehicles are not present, to the
satisfaction of the Planning Director.
15. Low-reflective glass must be used on all exterior walls of the building, with
specific glass materials and locations provided to the satisfaction of the Planning
Director.
16. The applicant shall prohibit truck parking or storage overnight in the parking lot
area. Limited truck parking, when in association with a permitted use, is allowed,
but in no case shall there be overnight parking.
Resolution No. PC-2009-547
Page 6
17. Prior to the issuance of a Zoning Clearance, the applicant shall pay the project's
pro-rata share of the cost of intersection improvements at Spring Road and High
Street/Princeton Avenue and Spring Road and Los Angeles Avenue. The actual
contribution (pro-rata share shall be based upon the additional traffic added to
the intersection). The applicant's traffic engineer shall provide the City Engineer a
"Fair Share Analysis" of the projects added traffic for calculation of the pro-rata
("fair share") amount.
18. In conjunction with the preparation of precise grading and landscape plans, the
sight distance shall be reviewed and approved at project access points per City
standards.
19. The applicant shall install stop signs, stop bars, and stop legends at project
access points. Signage to limit the ingress of trucks to the westerly driveway and
the egress of trucks to the easterly driveway must also be provided.
20. If the use is abandoned in excess of one-hundred and eighty (180) days, the
property owner shall be responsible for the removal of the underground tanks
and removal of the pumps in accordance with local and state requirements.
21. No more than six (6) fuel pumps and no more than eight (8) fuel hoses are
allowed under this permit.
22. The facility must remain a private commercial fueling station and must not be
open to the general public. Other uses on the site, such as a convenience store
and/or vehicle repair are not permitted under this approval.
23. Signage, striping, and improvements, subject to the review and approval of the
Planning Director and Public Works Director/City Engineer, must be provided to
restrict vehicle ingress to the westernmost driveway and vehicle egress to the
easternmost driveway.
24. Prior to final approval of the building permit, all Giant Reed (Arundo Donax) and
any other invasive plant species within the property boundaries existing prior to
any required dedication must be removed to the satisfaction of the Planning
Director. Any necessary permits must be obtained from the Ventura County
Watershed Protection District.
25. Prior to or concurrently with approval of a Zoning Clearance for construction the
applicant shall grant the City public access easements to the Arroyo Simi for
future trail and recreational purposes. The exact location of said easements will
be subject to the approval of the Planning Director and the City Engineer.
Concurrent with the completion of the southerly block fence/wall the applicant
shall install a gate in the southern project boundary fence/wall for access to the
Arroyo by the public in the event that a trail or recreational facility is installed
along the Arroyo. The gate shall be locked until such time as a trail or such
facility is installed and access is granted.
-END-