HomeMy WebLinkAboutAGENDA REPORT 2015 0218 CCSA REG ITEM 08A ITEM 8.A.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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AGENDA REPORT /�
BY: tfh )thtet.d-J-*
TO: Honorable City Council
FROM: David A. Bobardt, Community Development '2 tor
Prepared by: Joseph Fiss, Planning Manager
DATE: February 4, 2015 (CC Meeting of February 18, •015)
SUBJECT: Consider a Resolution Approving Modification No. 1 to
Industrial Planned Development (IPD) Permit No. 2009-01 and
Conditional Use Permit (CUP) No. 2009-01, a Request to
Extend the Expiration Date for an Approved Motion Picture
Studio Complex at 11289 Los Angeles Avenue, and Finding the
Previously Adopted Mitigated Negative Declaration Applicable
Thereto, on the Application of Triliad Development, Inc.
BACKGROUND/DISCUSSION
On October 5, 2011, the City Council adopted Resolution Nos. 2011-3062 and 2011-
3063, adopting a Mitigated Negative Declaration, approving a General Plan
Amendment, and approving Industrial Planned Development (IPD) Permit No. 2009-01
and Conditional Use Permit (CUP) No. 2009-01, to allow construction and operation of a
559,450 square-foot motion picture studio complex with 12 sound stages totaling
296,000 square-feet of building area, 3 office buildings totaling 145,500 square feet of
building area, 18 studio support buildings totaling 117,950 square feet of building area,
and 1,696 surface parking spaces, on a 44.467 acre site located on the north side of
Los Angeles Avenue, west of Gabbert Road at 11289 Los Angeles Avenue (West of
SCE Substation). Ordinance Nos. 408 and 409, approving a Zone Change and
adopting a Development Agreement for this project, were approved by the City Council
on October 19, 2011. The Development Agreement is valid through November 18,
2021, but can be extended an additional 10 years by Council action. On November 5,
2014, the City Council extended the IPD Permit and CUP through November 18, 2015,
by which time a foundation for the first building must be completed to maintain the
entitlements. These permits are eligible for one more one-year extension.
On December 18, 2014, the applicant requested a Modification to IPD Permit No. 2009-
01 and CUP No. 2009-01 to extend the permit expiration date an additional three years.
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Honorable City Council
February 18, 2015
Page 2
The Moorpark Municipal Code allows for a Permit Modification for any proposed change
to a discretionary permit that exceeds the criteria of a permit adjustment, but is not
extensive enough to be considered a substantial or fundamental change in the
approved entitlement or use relative to the permit, would not have a substantial adverse
impact on surrounding properties and would not change any findings contained in the
environmental documentation prepared for the permit. Action on the permit modification
application shall be by the decision-making body that approved the original permit by
the same type of public action process (i.e., action item without public hearing or public
hearing item) and public noticing as required for the original project application. There
is no timing requirement after approval for when a permit modification can be filed as
long as it meets this criteria.
A development of this scale could take several years from plan check submittal to final
inspection of a foundation; therefore, the applicant is requesting this extension far in
advance of the actual expiration date to ensure that there is sufficient time for
processing on the part of all parties, including local, state, and federal agencies.
During the recent period of economic uncertainty the developer has been unable to
secure financing for construction of this project, although it has been the developer's
desire to develop this facility as approved. The proposed modification would continue to
allow the City to achieve its goals with respect to Los Angeles Avenue Improvements,
and construction of North Hills Parkway, as part of the proposed development albeit
within a slightly longer time frame. Other than timing, no other aspects of the project
would be affected by the proposed amendments.
The applicant has been proceeding diligently by working with other agencies (Caltrans
and Ventura County Flood Protection District) on obtaining approvals for this project,
and construction of improvements to the flood control channel to allow road crossings is
complete. The applicant has completed a lot line adjustment to allow transferring of
ownership of an adjacent property.
In the attached draft resolution, staff is recommending an extension of the IPD Permit
and CUP to November 18, 2019 (3 additional years beyond the original approval). Any
additional extension would require an extension of the term of the Development
Agreement, which must be initiated by the developer at least 180 days before its
expiration on November 18, 2021.
Findings
The proposed change in expiration date of IPD Permit No. 2009-01 and CUP No. 2009-
01 would not have a substantial adverse impact on surrounding properties, nor change
the findings in the Mitigated Negative Declaration prepared for the project.
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S'.\Community Development\DEV PMTSli P D\2009-01 Moorpark West Sludios\Modifcalion No.11CC Agenda Report 150218 doc.
Honorable City Council
February 18, 2015
Page 3
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: January 17, 2015
Planning Commission Action Deadline: Not Applicable
City Council Action Deadline: April 18, 2015
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
The Community Development Director has determined that this project as amended by
Modification No. 1 is consistent with the Mitigated Negative Declaration adopted for the
original project, including IPD Permit No. 2009-01 and CUP No. 2009-01 in that there
are no substantial changes to the project which will require revisions to the previously
adopted Mitigated Negative Declaration, there are no changes to the circumstances
under which the project is undertaken that would require revisions to the previously
adopted Mitigated Negative Declaration, and there is no new information of substantial
importance that shows that the project would have one or more significant effects not
discussed in the previously adopted Mitigated Negative Declaration, or that significant
effects previously examined will be substantially more severe than shown in the
previous Mitigated Negative Declaration, in that the only change to the project is a 3-
year extension of the IPD Permit and CUP. No additional environmental review is
required.
FISCAL IMPACT
None.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura
County Star on Sunday, February 8, 2015.
2. Mailing. The notice of the public hearing was mailed on Friday, February 6,
2015, to owners of real property, as identified on the latest adjusted Ventura
S-\Community Development\DEV PMTSII P 012009-01 Moorpark West Studies 1Modification No.1\CC Agenda Report 150219 docv 3
Honorable City Council
February 18, 2015
Page 4
County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior
boundaries of the assessor's parcel(s) subject to the hearing.
3. Sign. One 32 square foot sign was placed on the street frontage by Sunday,
February 8, 2015.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. 2015- approving Modification No. 1 to Industrial
Planned Development No. 2009-01 and Conditional Use Permit No. 2009-01.
ATTACHMENTS:
1. Location Map
2. Draft Resolution Approving Modification No. 1 to Industrial Planned Development
No. 2009-01 and Conditional Use Permit No. 2009-01.
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CC ATTACHMENT 1 5
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO.
1 TO INDUSTRIAL PLANNED DEVELOPMENT IPD) PERMIT
NO. 2009-01 AND CONDITIONAL USE PERMIT (CUP) NO.
2009-01, A REQUEST TO EXTEND THE EXPIRATION DATE
FOR AN APPROVED MOTION PICTURE STUDIO COMPLEX
AT 11289 LOS ANGELES AVENUE, AND FINDING THE
PREVIOUSLY ADOPTED MITIGATED NEGATIVE
DECLARATION APPLICABLE THERETO, ON THE
APPLICATION OF TRILIAD DEVELOPMENT, INC.
WHEREAS, on December 18, 2014, Triliad Development, Inc., filed an
application for Modification No. 1 to IPD Permit No. 2009-01 and CUP No. 2009-01 to
extend the expiration date for an approved motion picture studio complex at 11289 Los
Angeles Avenue; and
WHEREAS, at a duly noticed public hearing on February 18, 2015, 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, closed the public hearing, and reached a decision on this
matter; and
WHEREAS, the Community Development Director has determined that this
project as amended by Modification No. 1 is consistent with the Mitigated Negative
Declaration adopted for the original project, including IPD Permit No. 2009-01 and CUP
No. 2009-01 in that there are no substantial changes to the project which will require
revisions to the previously adopted Mitigated Negative Declaration, there are no
changes to the circumstances under which the project is undertaken that would require
revisions to the previously adopted Mitigated Negative Declaration, and there is no new
information of substantial importance that shows that the project would have one or
more significant effects not discussed in the previously adopted Mitigated Negative
Declaration, or that significant effects previously examined will be substantially more
severe than shown in the previous Mitigated Negative Declaration, in that the only
change to the project is a 3-year extension of the IPD Permit and CUP, and that no
additional environmental review 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 has determined that this project as amended
by Modification No. 1 is consistent with the Mitigated Negative Declaration adopted for
the original project, including IPD Permit No. 2009-01 and CUP No. 2009-01 in that
there are no substantial changes to the project which will require revisions to the
previously adopted Mitigated Negative Declaration, there are no changes to the
CC ATTACHMENT 2 6
Resolution No. 2015-
Page 2
circumstances under which the project is undertaken that would require revisions to the
previously adopted Mitigated Negative Declaration, and there is no new information of
substantial importance that shows that the project would have one or more significant
effects not discussed in the previously adopted Mitigated Negative Declaration, or that
significant effects previously examined will be substantially more severe than shown in
the previous Mitigated Negative Declaration, in that the only change to the project is a
3-year extension of the IPD Permit and CUP, and that no additional environmental
review 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
City Council makes the following findings in accordance with City of Moorpark,
Municipal Code Section 17.44.100:
The proposed change in expiration date of IPD Permit No. 2009-01 and CUP No. 2009-
01 would not have a substantial adverse impact on surrounding properties, nor change
the findings in the Mitigated Negative Declaration prepared for the project.
SECTION 3. CITY COUNCIL APPROVAL: The City Council hereby approves
Modification No. 1 to IPD Permit No. 2009-01 and CUP No. 2009-01 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.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A— Conditions of Approval
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Resolution No. 2015-
Page 3
CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO INDUSTRIAL
PLANNED DEVELOPMENT NO. 2009-01
AND CONDITIONAL USE PERMIT NO. 2009-01
1. Industrial Planned Development (IPD) Permit No. 2009-01 and Conditional Use
Permit (CUP) No. 2009-01 will expire November 18, 2019 unless the use has
been inaugurated by issuance of a building permit for construction. Any
additional extension of the term of the IPD Permit and CUP requires an extension
of the term of the Development Agreement through the process specified in
Section 19 of the Development Agreement.
2. All other conditions of approval for Modification No. 1 to Industrial Planned
Development No. 2009-01 and Conditional Use Permit No. 2009-01 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 Industrial Planned
Development No. 2009-01 and Conditional Use Permit No. 2009-01, the
conditions of this Modification No. 1 shall prevail.
-END-
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