HomeMy WebLinkAboutRES PC 2011 563 2011 0503 RESOLUTION NO. PC-2011-563
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE
DECLARATION, APPROVAL OF GENERAL PLAN AMENDMENT
NO. 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 BETWEEN CITY OF MOORPARK AND LOS ANGELES
AVENUE LLC TO ALLOW A MOTION PICTURE STUDIO
COMPLEX WITH 12 SOUNDSTAGES, SUPPORT BUILDINGS,
AND SURFACE PARKING 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, at a duly noticed public hearing on May 3, 2011, the Planning
Commission considered General Plan Amendment No. 2009-01, Zone Change No.
2009-01, Industrial Planned Development No. 2009-01, Conditional Use Permit No.
2009-01, and a Development Agreement between the City of Moorpark and Los
Angeles Avenue LLC for a motion picture studio complex with 12 soundstages, 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, at its meeting of May 3, 2011 the Planning Commission considered
the agenda report and any supplements thereto, including the Proposed Negative
Declaration prepared for this project, 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
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning
Commission finds that with the mitigation measures identified in the Mitigated Negative
Declaration included as conditions of approval, the project will not have a significant
effect on the environment.
SECTION 2. 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 17.44.030:
Resolution No. PC-2011-563
Page 2
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.
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 3. CONDITIONAL USE PERMIT 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:
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;
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;
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
such as general maintenance, landscaping, and items such as exterior vents,
equipment and ladders have been added to mitigate any potential incompatibility;
Resolution No. PC-2011-563
Page 3
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 4. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council the following:
A. Adoption of the Mitigated Negative Declaration prepared for the project.
B. Approval of General Plan Amendment No. 2009-01, as shown in Exhibit A, for a
change in the Land Use Designation of the Land Use Element of the General
Plan on approximately 10.75 acres of the site from General Commercial (C-2) to
Medium Industrial (1-2).
C. Approval of Zone Change No. 2009-01, as shown in Exhibit B, for a change in
the zoning on approximately 10.75 acres of the site from Commercial Planned
Development (CPD) to Medium Industrial (M-2).
D. Approval of Industrial Planned Development No. 2009-01 and Conditional Use
Permit No. 2009-01 to allow a motion picture studio complex with 12
soundstages, support buildings, and surface parking subject to the special and
standard Conditions of Approval included in Exhibit C (Standard and Special
Conditions of Approval), attached hereto and incorporated herein by reference.
SECTION 5. Filing of Resolution: The Community Development 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 Gould, Groff, Hamous, and Vice Chair Di Cecco.
NOES: None
ABSTAIN: Chair Landis
ABSENT: None
PASSED, AND ADOPTED this 3rd day of May, 2011.
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David A. Bobardt, Community Development Director
Resolution No. PC-2011-563
Page 4
Exhibit A: General Plan Amendment Map
Exhibit B: Zone Change Map
Exhibit C: Standard and Special Conditions of Approval for Industrial Planned
Development No. 2009-01 and Conditional Use Permit No. 2009-01
Resolution No. PC-2011-563
Page 5
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Resolution No. PC-2011-563
Page 6
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Resolution No. PC-2011-563
Page 7
EXHIBIT C
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. 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.
Resolution No. PC-2011-563
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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.
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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 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.
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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 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.
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