HomeMy WebLinkAboutRES CC 2014 3306 2014 0702 RESOLUTION NO. 2014-3306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING VARIANCE NO. 2014-
01 , TO ALLOW AN ALTERNATIVE TO IN-GROUND
LANDSCAPING IN A PARKING LOT FOR A MULTI-TENANT
INDOOR RETAIL COMMUNITY MARKETPLACE AT 709
SCIENCE DRIVE, ON THE APPLICATION OF COMMUNITY
MARKETPLACE (MANNY ASADURIAN, JR.)
WHEREAS, on April 16, 2014 the City Council adopted Resolution No. 2014-
3286, approving Administrative Permit No. 2013-19 and for Modification No. 4 to IPD
No. 93-1 on the application of Community Marketplace (Manny Asadurian, Jr.), to
construct and operate a 79,042 square-foot multi-tenant indoor retail operation in an
existing building in the M-1 Zone at 709 Science Drive; and
WHEREAS, on May 6, 2014 an application for Variance No. 2014-01 was
submitted by Community Marketplace (Manny Asadurian, Jr.), to allow an alternative to
in-ground landscaping in the parking lot for the use; and
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration were
prepared for this project in compliance with the California Environmental Quality Act of
1970, as amended (CEQA) and City CEQA Procedures, circulated for public review from
March 11, 2014 to April 1, 2014 and adopted by the City Council on April 16, 2014; and
WHEREAS, the City Council has read, reviewed, and considered the Mitigated
Negative Declaration prepared for the project referenced above, together with any
comments received during the public review process; and
WHEREAS, at a duly noticed public hearing on July 2, 2014, the City Council
considered the agenda report for Variance No. 2014-01, and any supplements thereto
and written public comments; opened the public hearing and took and considered public
testimony both for and against the proposal, closed the public hearing and reached a
decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council finds
Variance No. 2014-01 consistent with the Mitigated Negative Declaration prepared and
adopted in connection with Administrative Permit (AP) 2013-19 and Modification No. 4
to Industrial Planned Development (IPD) No. 93-1. No further environmental
documentation is needed.
SECTION 2. VARIANCE 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:
Resolution No. 2014-3306
Page 2
A. There are special circumstances applicable to the subject property with regard
to size, shape, topography, location or surroundings, such that the strict
application of the zoning regulations denies the property owner privileges
enjoyed by other property owners in the vicinity and under identical zoning
districts in that the subject property contains a large truck terminal staging and
loading area constructed of 12 to 14-inch thick reinforced concrete. Cutting of
the reinforced concrete pad would result in the destruction of the integrity of the
truck terminal loading area, should it be needed for a future use of the site;
B. The granting of the requested variance will not confer a special privilege
inconsistent with the limitations upon other properties in the same vicinity and
zone in that this is a unique situation where the concrete staging and loading
area was purpose-built to support ongoing heavy truck usage. Other properties
in the area have been designed with conventional asphalt parking lots;
C. The strict application of the zoning regulations as they apply to the subject
property will result in practical difficulties or unnecessary hardships inconsistent
with the general purpose of such regulations in that the strict imposition of the
landscape guidelines would compromise the structural integrity of the concrete
staging and loading area and compromise it's use as such at a later date;
D. The granting of such variance will not be detrimental to the public health, safety
or general welfare, nor to the use, enjoyment or valuation of neighboring
properties in that the applicant will compensate for the loss of landscaping
through payment of a fee towards installation of an equal value of landscaping
elsewhere in the City. Neighboring properties will not be adversely affected in
that the use will not change the existing physical condition of those properties in
any way.
SECTION 3. APPROVAL OF VARIANCE: Variance No. 2014-01 is hereby
approved, subject to conditions of approval in Exhibit A, attached hereto and
incorporated herein.
SECTION 4. 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 2nd day of July, 2014.
• _
4 ice S. Parvin, Mayor
ATTEST: P� �a _ sa
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Maureen Benson, City Clerk ea.
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Exhibit A— Conditions of Approval 04, / 0,4/
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Resolution No. 2014-3306
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL FOR VARIANCE NO. 2014-01
1. Prior to issuance of a Zoning Clearance for construction, a parking lot landscaping
plan must be submitted for review and approval by the Community Development
Director and Parks and Recreation Director.
2. Prior to issuance of a Zoning Clearance for occupancy, the applicant shall submit a
payment to the City of $49,594.90 in lieu of on-site parking lot landscaping in the
former truck staging and loading area to be used for enhanced landscaping on
public property in a manner and location to be determined by the City Council.
3. All conditions of approval and mitigation measures associated with AP No. 2013-19
and Modification No. 4 to IPD No. 93-1 as contained in Resolution No. 2014-3286
shall continue to apply except as modified by these conditions of approval.
-END-
Resolution No. 2014-3306
Page 4
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. 2014-3306 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd
day of July, 2014, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: Councilmember Millhouse.
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 7th day of July, 2014.
Maureen Benson, City Clerk
(seal)
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