The URL can be used to link to this page

Home My WebLink AboutRES CC 2015 3429 2015 0902 RESOLUTION NO. 2015-3429 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 2 TO INDUSTRIAL PLANNED DEVELOPMENT (IPD) PERMIT NO. 2000-01, FOR A CHANGE IN ARCHITECTURE AND SITE PLANNING BY CHANGING TWO ORIGINALLY APPROVED UNBUILT BUILDINGS TO THREE BUILDINGS OF A SIMILAR STYLE ON THE SOUTH SIDE OF PATRIOT DRIVE, EAST OF MILLER PARKWAY ON THE APPLICATION OF UST PATRIOT LP AND FINDING THE PREVIOUSLY ADOPTED ENVIRONMENTAL IMPACT REPORT APPLICABLE WHEREAS, on April 16, 2015, an application was filed by Mark Ossola (for UST Patriot LP) for Modification No. 2 to Industrial Planned Development (IPD) Permit No. 2000-01 , for a change in architecture and site planning by changing two originally approved unbuilt buildings to three buildings of a similar style and smaller total size on the south side of Patriot Drive, east of Miller Parkway; and WHEREAS, this proposed industrial project is consistent with the Amended Carlsberg Specific Plan for which an EIR was certified. The proposed business park has been determined to be an allowable use within a BP zone and is consistent with the analysis of the land use and impacts in the Specific Plan BR. The Community Development Director has concluded that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of the proposed industrial project. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA) Guidelines, and no further environmental review is required; and WHEREAS, at a duly noticed public hearing held on September 2, 2015, the City Council considered the agenda report for Modification No. 2 to IPD Permit No. 2000-01, 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 concurs with the finding of the Community Development Director that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately addresses the impacts of IPD Permit No. 2000-01 as modified by Modification No. 2. This conclusion is consistent with Section 15181 of the California Environmental Quality Act (CEQA) Guidelines, and no further environmental review is required. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written Resolution No. 2015-3429 Page 2 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 as modified by Modification No. 2 to IPD Permit No. 2000- 01 , including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping is consistent with the provisions of the City's General Plan, the Carlsberg Specific Plan, and Title 17 of the Municipal Code in that all applicable standards of these plans and regulations would be met by the proposed development and the design of the industrial/office buildings are consistent with the Architectural Design Guidelines as outlined in the Amended Carlsberg Specific Plan. B. The site design, as modified by Modification No. 2 to IPD Permit No. 2000- 01 , would not create negative impacts on or impair the utility of the neighboring properties or uses as the proposed uses are compatible with surrounding land uses and the circulation system provides for logical connections. The project also is a substantial distance from any existing residential development. C. The proposed uses are compatible with the existing and permitted uses in the surrounding area as they share a similar zoning and the proposed development is consistent with criteria specified in the Amended Carlsberg Specific Plan and development requirements for office, retail, and industrial developments in applicable City Codes. SECTION 3. APPROVAL OF PERMITS: Modification No. 2 to IPD Permit No. 2000-01 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 September, 2015. c Aim Ja ce S. Parvin, Mayor ATTEST: Ara-7a,, /413 Maureen Benson, City Clerk W ,N.i`i.. i.PTh \ Exhibit A— Special Conditions of Approval Sc, ► +-icy \\\.� ry Resolution No. 2015-3429 Page 3 SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 2 TO INDUSTRIAL PLANNED DEVELOPMENT (IPD) NO. 2000-01 SPECIAL CONDITIONS 1 . This Modification No. 2 to Industrial Planned Development (IPD) No. 2000-01 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, 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. 2 to Industrial Planned Development (IPD) No. 2000-01 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. 2. 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. 2 to Industrial Planned Development (IPD) No. 2000-01 , except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 5. All other conditions of approval for Industrial Planned Development (IPD) No. 2000-01 shall continue to apply, except as revised herein. Should there be any conflict between the conditions of this Modification No. 2 and the conditions for Industrial Planned Development (IPD) No. 2000-01 , the conditions of this Modification No. 2 shall prevail. 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 Resolution No. 2015-3429 Page 4 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. Prior to the issuance of building permits, revised landscape and irrigation plans shall be submitted for review and approval by the Community Development Director and Parks and Recreation Director. - END - Resolution No. 2015-3429 Page 5 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. 2015-3419 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 2nd day of September, 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 September, 2015. Maureen Benson, City Clerk (seal) ea/j= V O9 rEn SS