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Home My WebLink AboutRES CC 2016 3493 2016 0420 RESOLUTION NO. 2016-3493 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 6 TO DEVELOPMENT PLANNED (DP) PERMIT NO. 290, TO ALLOW THE DEVELOPMENT OF NEW PARKING SPACES AND NEW LANDSCAPING AND LIGHTING AT 6101 CONDOR DRIVE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF DAVID OSBORN ON BEHALF OF CALABASAS BCD WHEREAS, on January 28, 2016, an application was filed by David Osborn (for Calabasas BCD) for Modification No. 6 to Development Plan (DP) Permit No. 209, for the development of new parking spaces and new landscape and lighting within an existing undeveloped area at 6101 Condor Drive; and WHEREAS, at a duly noticed public hearing held on April 20, 2016, the City Council considered the agenda report for Modification No. 6 to DP Permit No. 290, 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. WHEREAS, the Community Development Director's determined that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 (Class 32 - In-Fill Development Projects) 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 15332 (Class 32 - In-Fill Development Projects) 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; Resolution No. 2016-3493 Page 2 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. 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: A. The site design, as modified by Modification No. 6 to DP Permit No. 290, would not be considered a substantial or fundamental change in the approved entitlement or use relative to the permit in that development of parking spaces would not change the use as authorized by the original permit. B. The site design, as modified by Modification No. 6 to DP Permit No. 290, would not have a substantial adverse impact on surrounding properties in that the use does not require modification to the exterior of the approved office building, and the additional parking spaces will help to resolve current parking shortage that is impacting offsite properties. C. The site design, as modified by Modification No. 6 to DP Permit No. 290, would not change any findings contained in the environmental documentation prepared for the permit in that this parking lot expansion is within an existing developed property with appropriate access, parking and circulation for this proposal. No further environmental documentation is required. SECTION 3. APPROVAL OF PERMITS: Modification No. 6 to DP Permit No. 209 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 20th day of April, 2016. • rZ'Y�J J nice S. Parvin, Mayor ATTEST: , f — r Maureen Benson, City Clerk » Exhibit A – Special Conditions of Approval °s% Resolution No. 2016-3493 Page 3 CONDITIONS OF APPROVAL FOR MODIFICATION NO. 6 TO DEVELOPMENT PLAN (DO) PERMIT NO. 290 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Subdivisions and Planned Development Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit A), 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 OF APPROVAL 1. This Modification No. 6 to Development Plan (DP) Permit No. 290 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 Development Plan, 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. 6 to Development Plan (DP) Permit No. 209 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. 6. 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. 6 to Development Plan (DP) Permit No. 290, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 5. All other conditions of approval for Development Plan (DP) No. 290 shall continue to apply, except as revised herein. Should there be any conflict between the conditions of this Modification No. 6 and the conditions for Development Plan (DP) No. 290, the conditions of this Modification No. 6 shall prevail. Resolution No. 2016-3493 Page 4 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. Prior to the issuance of building permits, a grading plan shall be submitted for review and approval by the City Engineer/ Public Works Director. 9. Prior to the issuance of a zoning clearance, a landscape and irrigation plan with drought-tolerant landscaping consistent with the City's Water Efficient Landscaping Ordinance and Landscaping Design Guidelines shall be submitted for review and approval by the Parks and Recreation Director and Community Development Director. The landscaping plan must include restoration of all slopes on the site 10. None of the prohibited plants indicated in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List contained in the City's Landscape Standards and Guidelines shall be used on any property within the development site, or slope area. Resolution No. 2016-3493 Page 5 11. Prior to the issuance of building permits, a lighting plan shall be submitted for review and approval by the Community Development Director, and Police Chief to ensure compliance with Chapter 17.30 of the Moorpark Municipal Code. - END - Resolution No. 2016-3493 Page 6 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. 2016-3493 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of April, 2016, 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 27th day of April, 2016. i