HomeMy WebLinkAboutRES CC 2014 3347 2014 1217 RESOLUTION NO. 2014-3347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1
TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO.
2012-02 AND CONDITIONAL USE PERMIT NO. 2012-07 FOR A
MODIFICATION TO ALLOW EXPANSION FROM 262 SEATS TO
A MAXIMUM OF 358 SEATS; MINOR CHANGES TO EXTERIOR
ARCHITECTURE DUE TO BUILDING EXPANSION; AND TO
ALLOW VALET PARKING DURING CERTAIN EVENTS; AT AN
APPROVED CHURCH ON A 2.78 ACRE LOT AT 13960 PEACH
HILL ROAD; AND FINDING THE PROJECT CATEGORICALLY
EXEMPT FROM ENVIRONMENTAL REVIEW UNDER A CLASS
32, 1N-FILL DEVELOPMENT PROJECTS EXEMPTION, ON THE
APPLICATION OF DAVID VAN HOY ON BEHALF OF THE KIM
CLEMENT CENTER
WHEREAS, at a duly noticed public hearing on December 17, 2014, the City
Council considered Modification No. 1 to Commercial Planned Development Permit No.
2012-02 and Conditional Use Permit No. 2012-07 for a modification to allow expansion
from 262 seats to a maximum of 358 seats; minor changes to exterior architecture due
to building expansion; and to allow valet parking during certain events; at an approved
church on a 2.78 acre lot at 13960 Peach Hill Road; on the application of David Van
Hoy for the Kim Clement Center; and
WHEREAS, at its meeting of December 17, 2014 the City Council 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 reached a decision on this matter; and
WHEREAS, the Community Development Director has determined that the
proposed project associated with Modification No. 1 to Commercial Planned
Development Permit No. 2012-02 and Conditional Use Permit No. 2012-07 qualifies for
a Class 32 categorical exemption under State CEQA Guidelines Section 15332 (In-Fill
Development) in that, the project is consistent with the applicable general plan
designation and all applicable general 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. In addition, there is no substantial evidence that the project
will have a significant effect on the environment.
Resolution No. 2014-3347
Page 2
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 the proposed project
associated with Modification No. 1 to Commercial Planned Development Permit No.
2012-02 and Conditional Use Permit No. 2012-07 qualifies for a Class 32 categorical
exemption under State CEQA Guidelines Section 15332 (In-Fill Development) in that,
the project is consistent with the applicable general plan designation and all applicable
general 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. In addition, there
is no substantial evidence that the project will have a significant effect on the
environment. The City Council has reviewed the Community Development Director's
determination of exemption, and based on its own independent judgment, concurs in
staffs determination of exemption.
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
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.
Resolution No. 2014-3347
Page 3
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;
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.
Resolution No. 2014-3347
Page 4
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 17th day of December, 2014.
Ja ice S. Parvi6, Mayor
ATTEST:
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ter-
Maureen Benson, City Clerk ���
Exhibit A— Standard and Special Conditions of Approval
Resolution No. 2014-3347
Page 5
EXHIBIT A
SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2012-02 AND
CONDITIONAL USE PERMIT NO. 2012-07
1. This Modification No. 1 to Commercial Planned Development Permit No. 2012-02
and Conditional Use Permit No. 2012-07 will expire one year from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his/her
discretion, grant up to two (2) additional one-year extensions for use inauguration
of the Modification to the Planned Development Permit and Conditional Use
Permit, if there have been no changes in the adjacent areas and if the applicant
can document that he/she has diligently worked towards use inauguration during
the initial period of time. The request for extension shall be made in writing, at
least thirty (30) days prior to the expiration date of this Modification and shall be
accompanied by applicable entitlement processing deposits.
2. The applicant's acceptance of this approval of the Modification No. 1 to
Commercial Planned Development Permit No. 2012-02 and Conditional Use
Permit No. 2012-07 and/or commencement of construction and/or operations
under this Modification is deemed to be acceptance of all conditions of this
permit, as amended by Modification No. 1 . If any of the conditions or limitations
of this approval are held to be invalid, that holding will not invalidate any of the
remaining conditions or limitations set forth.
3. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
4. The development shall be in substantial conformance with the plans presented in
conjunction with the application for Modification No. 1 to Commercial Planned
Development Permit No. 2012-02 and Conditional Use Permit No. 2012-07,
except any modifications as may be required to meet specific Code standards or
other conditions stipulated herein.
5. All other conditions of approval for Commercial Planned Development Permit No.
2012-02 and Conditional Use Permit No. 2012-07 shall continue to apply, except
as revised herein. Should there be any conflict between the conditions of this
Modification No. 1 and the conditions for Commercial Planned Development
Permit No. 2012-02 and Conditional Use Permit No. 2012-07, the conditions of
this Modification No. 1 shall prevail.
Resolution No. 2014-3347
Page 6
6. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided by the California Code of Civil Procedure Section
1094.6 and Government Code Section 65009. The City will promptly notify the
applicant of any such claim, action or proceeding, and if the City should fail to do
so or should fail to cooperate fully in the defense, the applicant shall not
thereafter be responsible to defend, indemnify and hold harmless the City or its
agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding, if both of the following occur:
The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
7. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations. Approval of a Zoning Clearance is required prior
to the issuance of building permits. All other permit and fee requirements must be
met.
8. All contractors doing work in Moorpark shall have or obtain a current Business
Registration prior to initiation of work.
9. On-site valet parking for a minimum of 32 vehicles shall be provided at any time
that attendance is expected to exceed 80 percent of capacity of the available
parking spaces.
10. Valet parking operations, which include vehicle drop-off/pick-up points, waiting
areas, kiosks, storage and delivery routes, shall be limited to the parking lot of
the Kim Clement Center.
11. A minimum vehicle queuing distance to accommodate no less than three (3)
vehicles shall be provided from the entrance of the parking lot to the first valet
stopping point (i.e., drop-off/pick-up points).
Resolution No. 2014-3347
Page 7
12. All valet service employees shall wear distinctive, identifiable uniforms with
identification tags.
13. A valet service employee shall be available to move vehicles at all times that
valet parking is provided.
14. Valet parking must at all times comply with drive aisle, turning radius, and access
requirements of the Ventura County Fire Department. Ventura County Fire
Department approval shall be required for final location of valet parked vehicles.
-END-
Resolution No. 2014-3347
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. 2014-3347 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
17th day of December, 2014, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 7th day of January,
2015.
154ne .
Maureen Benson, City Clerk
(seal)
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