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HomeMy WebLinkAboutRES CC 2013 3180 2013 0515 RESOLUTION NO. 2013-3180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2012-02 AND CONDITIONAL USE PERMIT NO. 2012-07 FOR A 21,644 SQUARE-FOOT CHURCH ON A 2.78 ACRE LOT AT 13960 PEACH HILL ROAD, ON THE APPLICATION OF HOLLEE L. KING, AICP/SITES PACIFIC, INC. FOR THE KIM CLEMENT CENTER WHEREAS, on February 26, 2013, the Planning Commission adopted Resolution No. PC-2012-576 recommending conditional approval of Commercial Planned Development Permit No. 2012-02 and Conditional Use Permit No. 2012-07 on the application of Hollee L. King, AlCP/Sites Pacific, Inc. for the Kim Clement Center for a 21,644 square-foot church on a 2.78 acre lot located at 13960 Peach Hill Road; and WHEREAS, at a duly noticed public hearing held on May 15, 2013, the City Council considered the agenda report and any supplements thereto and any written public comments; opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 (Class 32) of the California Code of Regulations (CEQA Guidelines) in that the project is consistent with the applicable general and specific plan designation and all applicable general and specific plan policies as well as with applicable zoning designation and regulations, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; the project site has no value, as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. No further environmental documentation is required. 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: 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 Resolution No. 2013-3180 Page 2 6 of the Land Use Element of the General Plan as follows: "Encourage the use of Specific Plans in the undeveloped areas of the community"; and Policy 6.5 as follows: "The land use plan shall include adequate land for public recreational, cultural, educational, institutional (governmental, police, fire, etc.) religious and other service uses for the community." The proposed place of worship in this location helps meet this goal and policy The Conditional Use Permit and Commercial Planned Development are compatible with the character of surrounding development in that the use is consistent with surrounding uses and the architectural style of the existing building is consistent with surrounding buildings and will not change. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this use is similar in nature to permitted and conditionally permitted uses within Carlsberg Specific Plan and is in an area which is substantially developed. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character in that this proposed building has been designed in a manner consistent with the surrounding architecture of the area and consistent with the Architecture Design Guidelines of the Carlsberg Specific Plan. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use has been evaluated with respect to neighboring property, and is consistent with surrounding land uses and has been conditioned to control existing lighting, landscaping, and noise. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that conditions of approval have been added to take care of any detrimental effects. SECTION 3. COMMERCIAL PLANNED DEVELOPMENT 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 17.44.030: 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 the project has been designed to comply with the architectural design guidelines of the Carlsberg Specific Plan; Resolution No. 2013-3180 Page 3 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 site design is sensitive to the site and surrounding properties; and C. The proposed uses are compatible with existing and permitted uses in the surrounding area in that places of worship are conditionally permitted in the Carlsberg Specific Plan. SECTION 4. CITY COUNCIL APPROVAL: The City Council hereby approves Commercial Planned Development Permit No. 2012-02 and Conditional Use Permit No. 2012-07, 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. 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 15th day of May, 2013. 4Jice'S. Parvin, Mayor ATTEST: fy_ 1� Maureen Benson, City Clerk � 4 Exhibit A— Standard and Special Conditions of Approval ---``4' Resolution No. 2013-3180 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2012-02 AND CONDITIONAL USE PERMIT NO. 2012-07 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 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. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. 2. The applicant shall comply with all requirements of Chapter 17.53 (Noise) of the Zoning Ordinance. In addition, the applicant shall not operate or allow the operation of any loudspeaker, amplified music, or similar device outside on the property between the hours of 7:00 p.m. and 7:00 a.m. any day of the week. 3. For indoor or outdoor events that are not considered part of the everyday operation of the place of worship, the applicant shall apply for and secure a Temporary Use Permit from the Community Development Department. Such application must be made at least thirty (30) calendar days prior to the commencement of the indoor or outdoor event. As part of the Conditions of Approval, the Community Development Director may require, based upon the scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the neighborhood and surrounding area. 4. The landscape plan must incorporate specimen size trees and other substantial features subject to the review and approval of the Community Development Director, with enhanced landscaping west of the building. Where feasible, the applicant shall use native California trees in the landscaping of the project. Specific tree type, species, size and location shall be to the satisfaction of the Community Development Director. None of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the City's Landscape Guidelines may be used in this development. 5. All landscaping and irrigation must be installed prior to occupancy. Resolution No. 2013-3180 Page 5 6. Lighting fixtures must be architecturally compatible with the buildings and landscaping. Security and parking lot lighting shall not be attached to the buildings. 7. Visible roof ladders, equipment, vents, exterior drains and scuppers are not permitted. 8. Ground-mounted utility boxes and equipment must be screened with landscaping subject to the review and approval of the Community Development Director. 9. All gas, electric, water and any other utility meters or boxes must be screened to the degree allowable by the utility companies, and subject to the review and approval of the Community Development Director. 10. 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 Community Development Director. 11. 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 Community Development Director and Chief of Police. 12. 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. 13. On-site water detention area(s) may not be so deep, or the sides so steep, as to require fencing, as determined by the Community Development Director and City Engineer/Public Works Director, prior to issuance of a grading permit. 14. No specific hours of operation are established for the uses in this project; however, the Community Development Director shall have the authority to establish hours of operation through a Permit Adjustment when in his/her opinion limits on hours of operations are necessary to maintain compatibility with the adjacent uses. Any exterior maintenance, cleaning, sweeping and landscape work may only be performed between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 15. Loading and unloading operations are allowed only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Fridays. More restrictive hours for loading and unloading may be imposed by the Community Development Director if there Resolution No. 2013-3180 Page 6 are noise and other issues that make the loading and unloading incompatible with the adjacent uses. Idling of trucks while loading or unloading is prohibited. 16. Final architectural and site plan design and detailing, including stained glass, parking lot, landscaping and lighting design is subject to review and approval of the Community Development Director. The roof material must be of a clay tile material if an "s" tile or barrel tile is used and concrete or clay tile if a flat tile is used, with the specific tile design and color subject to the review and approval of the Community Development Director to be consistent with the Amended Carlsberg Specific Plan design guidelines. 17. Any lighting shall be designed to avoid glare impacts to the properties west of Spring Road and must be in compliance with Chapter 17.30 LIGHTING REGULATIONS of the Moorpark Municipal Code. Lighting hours may be imposed in the future by the Community Development Director. 18. Non-reflective glass must be used on all exterior walls of the building, with specific glass locations to the satisfaction of the Community Development Director. 19. The applicant shall prohibit truck or recreational vehicle 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. 20. Prior to the issuance of a building permit for a building, the applicant shall submit a fencing/wall plan for review and approval of the Community Development Director for the walls/fencing of the east, north and west perimeters of the property. 21. The applicant shall submit all of the proposed colors, materials and building finish textures for review and approval to the satisfaction of the Community Development Director prior to the issuance of building permits. Any green tones shall be subdued, subject to the satisfaction of the Community Development Director. 22. Prior to the issuance of a grading permit, the applicant shall submit a final hardscape plan to include the treatment of the decorative hardscape areas with integral color and texture at all predominate pedestrian areas, and prominent drive aisles. 23. Prior to installation of hardscape and building materials, a field check and approval by the Community Development Director is required. 24. Air conditioning handling units may be no higher than the lowest parapet on the roof and must be painted the same color as the roofing material. There may not be any piping, visible roof ladders, equipment, vents, exterior drains and scuppers or any other exposed equipment on the roof. 25. The applicant shall participate in intersection improvements for Los Angeles Avenue/Spring Road. The level of participation shall be to the requirements of Resolution No. 2013-3180 Page 7 the City Council Resolution No. 94-1061. Prior to Zoning Clearance approval, a traffic report shall be provided by the applicant to determine the extent of the impact to this intersection. 26. Prior to Zoning Clearance, the applicant shall make a special contribution to the City representing the project's pro-rata share of the cost of improvements at Los Angeles Avenue/Moorpark 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/Public Works Director a "Fair Share Analysis" of the projects added traffic for calculation of the pro-rata ("fair share") amount, with the final amount to be determined by the City Engineer/Public Works Director. 27. 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. 28. The applicant shall install stop signs, stop bars, and stop legends at project access points. 29. The applicant shall provide decorative anti-skateboard devices at several points along seat walls and low benches, subject to the review and approval of the Community Development Director. 30. Prior to the issuance of a certificate of occupancy of the building, the applicant shall provide documentation and a plan (including any necessary easements) for the maintenance of the 2.02 acre Spring Road open space lot (Parcel OS-1, Tract 4974) adjacent to this property. Any existing prohibited plants within this area must be removed as part of the landscape and irrigation plan. - END - Resolution No. 2013-3180 Page 8 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. 2013-3180 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 15th day of May, 2013, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 29th day of May, 2013. Maureen Benson, City Clerk (seal)