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HomeMy WebLinkAboutRES CC 2015 3374 2015 0318 RESOLUTION NO. 2015-3374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2014-08, TO ALLOW THE OPERATION OF THE 11,035 SQUARE-FOOT BOYS & GIRLS CLUB AT 200 CASEY ROAD, INCLUDING USE OF THE FACILITY FOR SPECIAL EVENTS, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF JOHN W. NEWTON FOR THE BOYS AND GIRLS CLUB OF MOORPARK WHEREAS, On October 14, 2014, a Conditional Use Permit application was filed by John W. Newton, to allow the operation of the Boys and Girls Club of Moorpark at 200 Casey Road and to allow the facility to be used for special events; and WHEREAS, on March 18, 2015, the City Council held a public hearing on proposed Conditional Use Permit No. 2014-08 on the application of John W. Newton to allow the operation of the existing 11,035 square-foot Boys & Girls Club Main Facility, located at 200 Casey Road, to operate as a non-profit recreational facility; and, to rent the facility for special events (including alcohol service) when the facility is not in use by members; and WHEREAS, at a duly noticed public hearing held on March 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 is consistent with the applicable general and specific plan designation and all applicable general and specific plan policies as well as with the 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. 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 Resolution No. 2015-3374 Page 2 Facilities) 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 of the facility as a non-profit recreational facility is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that the land is planned and zoned for such uses, including special event uses of the intensity proposed and sufficient security will be provided. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the ongoing use of the facility, including special events (with alcohol service) complements the surrounding uses and is a use that is not unanticipated within an existing gymnasium building originally constructed for institutional and assembly uses. C. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that the use does not require modification to the exterior of the approved building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure safety inside and outside of the facility during the special events with uniform security. E. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare, in that the facility will be operated as approved and rented for special events where uniformed security will be required. SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves Conditional Use Permit No. 2014-08 subject to the special and standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. 2015-3374 Page 3 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 March, 2015. r. ' J. ice S. Parvin, Mayor ATTEST: r Thennson, CftyCIerkMr,, 1 A ti 4 Exhibit A - Special and Standard Conditions of Approval for Conditional Use Permit No. 2014-08 Resolution No. 2015-3374 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2014-08 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit 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. For indoor or outdoor events that are not considered part of the everyday operation of the facility, except private events as approved by this permit, 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. 3. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 4. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 5. 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. 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 Resolution No. 2015-3374 Page 5 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: i. 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. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 8. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2014-08, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking or vehicle storage layout shall require review and approval by the Community Development Director. 9. The City of Moorpark reserves the right to modify, suspend or revoke for cause this Conditional Use Permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 10. Conditional Use Permit No. 2014-08 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. 11. This permit will be valid for twenty (20) years from the date of final approval. Resolution No. 2015-3374 Page 6 12. A signed copy of the Joint-Use Parking Agreement with Moorpark Unified School District shall be provided to the Community Development Director within 30 days of this approval and shall remain in full force during the term of the Conditional Use Permit. CONDITIONS FOR USE OF THE FACILITY FOR SPECIAL EVENTS 13. The Community Development Director and Police Chief (or designee) shall be notified of all special events at least 30 days prior to the event with information including name of the person or group renting the facility, purpose of the event, number of persons expecting to attend, whether amplified music will be included in the event, and whether alcoholic beverages will be served. 14. Special events may only take place when parking at Walnut Canyon School is not being used by the school or any other group and is made available for the event by the Moorpark Unified School District. One parking space must be made available for every three event participants. Event sponsors shall notify all invitees in advance where parking is available and that the Civic Center parking shall not be used for this facility. 15. Under this permit, the facility may only be leased for private events, not open to the general public. Special events open to the general public would require a separate Temporary Use Permit. 16. Outdoor sales or service of alcoholic beverages is not permitted. 17. Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 18. Food items shall be available for on-site consumption during all hours of operation to the satisfaction of the Community Development Director. 19. Music, whether live or pre-recorded, may only take place inside the building and not exceed a volume that can be heard from beyond the property. All activities on the property must comply with the City's noise regulations. 20. Security personnel must be provided to monitor the parking area(s) designated for use by customers of the facility during any activity that may require the need for additional security. The applicant shall work with the Police Department, Fire Department, and Community Development Department staff to determine which activities shall require additional security. The owner/manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity is outside of the scope of this permit or could create a need for increased police presence. 21 . The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Resolution No. 2015-3374 Page 7 Conditional Use Permit, including fifteen (15%) percent overhead on any such services. 22. The permittee must correct any safety or security problem within three (3) days upon written notice of such a problem from the Moorpark Police Department. 23. 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. 24. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 25. The hours of operation for the facility during private parties shall be from 9:00 a.m. to 11:00 p.m. Friday, Saturday, and Sunday; and from 9:00 a.m. to 10:00 p.m. Monday through Thursday. 26. The applicant or his/her designee shall be responsible to police the exterior of the business to assure that no beer, wine, or liquor is consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 27. No increase of floor area is permitted without approval of an additional permit. 28. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Senior Management Analyst. 29. The occupancy for private or public events shall be limited to 500 people. 30. Temporary and permanent restrooms shall be provided during public or private events at a rate of 1 toilet for every 50 attendees. POLICE CONDITIONS 31. A minimum of one uniformed security personnel must be provided for every 50 attendees, or fraction thereof, to monitor both the parking area and the indoor facility. A copy of the security contract shall be provided to the Community Development Department and Police Department. 32. No person under the age of eighteen (18) may serve distilled spirits, beer, and wine to attendees. 33. "Walk-in" alcohol service for non-attendees is not permitted at any time. Alcoholic beverages may only be served to attendees of the event. A guest list must also be monitored. Resolution No. 2015-3374 Page 8 34. Alcoholic beverages shall be contained in a secured area where they can be monitored and served only to persons over the age of 21 years (no self-serve). 35. Prior to the event, permittee must provide a list, in writing, to the Police Department, of the event coordinator(s), including telephone number(s), who are responsible for the event. -END- Resolution No. 2015-3374 Page 9 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. 2015-3374 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 18th day of March, 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 26th day of March, 2015. Maureen Benson, City Clerk (seal)