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HomeMy WebLinkAboutRES CC 2015 3364 2015 0218 RESOLUTION NO. 2015-3364 A RESOLUTION APPROVING MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT (CPD) PERMIT NO. 2005-02, A REQUEST TO MODIFY CONDITION OF APPROVAL NO. 27 TO ALLOW 24-HOUR OPERATION AT THE RETAIL COMMERCIAL SHOPPING CENTER ON THE SOUTH SIDE OF LOS ANGELES AVENUE BETWEEN MOORPARK AVENUE AND PARK LANE, AND FINDING THE MODIFICATION TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), ON THE APPLICATION OF ROB RAZNICK / TUSCANY SQUARE PARTNERS WHEREAS, on January 22, 2015, Rob Raznick, on behalf of Tuscany Square Partners, applied for Modification No. 1 to CPD Permit No. 2005-02 to amend Condition No. 27 to allow the Tuscany Square Shopping Center to be open 24 hours a day; and WHEREAS, at a duly noticed public hearing held on February 18, 2015, 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 WHEREAS, the Community Development Director has determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 (Existing Facilities) of the California Code of Regulations (CEQA Guidelines) in that the project involves a request to amend the hours of an existing shopping center, and the project would not result in any environmental impacts in that it is located along a major arterial and is separated from residential uses by Moorpark Avenue and Park Crest Lane. No further environmental documentation is required. 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 15301 (Existing Facilities) of the California Code of Regulations (CEQA Guidelines) in that the project involves a request to amend the hours of an existing shopping center, and the project would not result in any environmental impacts in that it is located along a major arterial and is separated from residential uses by Moorpark Avenue and Park Crest Lane. No further environmental documentation is required. SECTION 2. MODIFICATION 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 17.44.100: Resolution No. 2015-3364 Page 2 The proposed change in hours of operation of the Tuscany Square shopping center is not a substantial or fundamental change in CPD Permit No. 2005-02 or uses relative to the permit, and it would not have a substantial adverse impact on surrounding properties, nor change the findings in the Mitigated Negative Declaration prepared for the CPD Permit No. 2005-02 in that the Tuscany Square shopping center is located along a major arterial and is separated from residential uses by Moorpark Avenue and Park Crest Lane. SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves Modification No. 1 to Commercial Planned Development (CPD) No. 2005-02 subject to the Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. 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 18th day of February, 2015. • , 77a14/74.--..2 Ja ice S. Parvin, Mayor ATTEST: grelagfirmir-i:4 ..111111 Maureen Benson, City Clerk k���02 (41 Exhibit A - Conditions of Approval Resolution No. 2015-3364 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT (CPD) PERMIT NO. 2005-02 1. All conditions of approval for CPD Permit No. 2005-02 shall continue to apply except as modified herein. 2. Condition No. 27 of CPD Permit No. 2005-02 is hereby amended as follows: 27. Hours of operation _ _ _ :9 9 . _ e:e e - _ - - - approved by Conditional Use Permit or these Conditions of Approval for specific uses may be limited by subsequent permit conditions if determined necessary to make the findings for such permits. Any maintenance, cleaning, sweeping, or landscaping activities of the exterior area of the buildings shall not be performed prior to 7:00 a.m. or after 7:00 p.m. 3. For indoor or outdoor events that are not considered part of the everyday operation of the facility, 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. Modification No. 1 to Commercial Planned Development (CPD) No. 2005-02 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 5. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. Any smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark Municipal Code. -END- Resolution No. 2015-3364 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. 2015-3364 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 18th day of February, 2015, 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 4th day of March, 2015. Maureen Benson, City Clerk (seal)