HomeMy WebLinkAboutRES CC 2016 3546 2016 1019 RESOLUTION NO. 2016-3546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2016-02 AND ADMINISTRATIVE PERMIT NO.
2016-04 TO ALLOW THE REMODEL AND CONVERSION OF A
FORMER SINGLE FAMILY HOME INTO A RESIDENTIAL CARE
FACILITY AT 100 LETA YANCY ROAD, AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH, ON THE APPLICATION OF
EMILIANO GALICIA
WHEREAS, on May 13, 2016, an application was filed by Emiliano Galicia for
Conditional Use Permit No. 2016-02 and Administrative Permit No. 2016-04, to allow
the remodel and conversion of a former single family home and one car garage Into a
residential care facility at 100 Leta Yancy Road; and
WHEREAS, at a duly noticed public hearing held on September 7, 2016, and
October 19, 2016, the City Council considered the agenda report for Conditional Use
Permit No. 2016-02 and Administrative Permit No. 2016-04, 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 Sections 15301 (Class
1 — Existing Facilities) and 15332 (Class 32 — In-Fill Development Projects) of the
California Code of Regulations (CEQA Guidelines) in that the project involves the
remodel of existing structures, 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 Sections 15301 (Class 1
— Existing Facilities) and 15332 (Class 32 — In-Fill Development Projects) of the
California Code of Regulations (CEQA Guidelines) in that the project involves the
remodel of existing structures, is consistent with the applicable general and specific plan
Resolution No. 2016-3546
Page 2
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 AND ADMINISTRATIVE 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 17.44.100:
A. The proposed residential care facility use is consistent with the provisions
of the General Plan, Zoning Ordinance, and any other applicable
regulations, in that the property is planned and zoned to allow for a
residential care facility.
B. The proposed use is compatible with both existing and permitted land
uses in the surrounding area, in that a small-scale residential care facility
provides a good transitional use between the commercial land to the north
and the residential neighborhood to the south.
C. The proposed use is compatible with the scale, visual character and
design of surrounding properties, in that the residential care facility will
have minimal modification to the exterior of the former single family home,
structure and garage.
D. The proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses, in that it is similar in scale and use to the
residential neighborhood to the south.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that conditions are required to address security
and safety in the design of the residential care facility.
SECTION 3. APPROVAL OF PERMITS: Conditional Use Permit No. 2016-02
and Administrative Permit No. 2016-04 are hereby approved, subject to conditions of
approval in Exhibit A; attached hereto and incorporated herein.
Resolution No. 2016-3546
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 19th day of October, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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Exhibit A— Conditions of Approval �� 4,:
Resolution No. 2016-3546
Page 4
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2016-
02 AND ADMINISTRATIVE PERMIT NO. 2016-04
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 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. 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.
2. 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.
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 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; and
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
Resolution No. 2016-3546
Page 5
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.
5. 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.
6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2016-02 and
Administrative Permit No. 2016-04, 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.
7. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this conditional use permit and administrative permit consistent with Chapter
17.44 of the Moorpark Municipal Code or as may be amended in the future.
8. This permit shall expire one (1) year from the date of its approval unless the use
for which the permit has been granted has been inaugurated by issuance of a
building permit for construction. The Community Development Director may, at
his/her discretion, grant a one-year extension for use inauguration of the
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 of this
planned development permit shall be made in writing, at least thirty (30) days
prior to the expiration date of the permit and shall be accompanied by applicable
entitlement processing deposits.
9. Conditional Use Permit No. 2016-02 and Administrative Permit No. 2016-04 may
be revoked or its use suspended by the City, if any of the causes listed in
Section 17.44.080.6 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.
10.Prior to issuance of a Zoning Clearance for a building permit, site and
architectural plans shall be submitted for review and approval by the Community
Development Director and City Engineer/Public Works Director that demonstrate
a 25-foot wide radius curve between the property and public right-of-way at the
Leta Yancy Road/Unidos Avenue intersection. All site and architectural plans
must demonstrate compliance with the Zoning Ordinance and conditions of this
permit.
11.Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
irrevocably offer to dedicate to the City all land required for public right-of-way,
free and clear of any easements or encumbrances that would restrict its use as
public right-of-way to the satisfaction of the City Engineer/Public Works Director.
Resolution No. 2016-3546
Page 6
12.Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit to the City Engineer/Public Works Director, for review and approval, street
and drainage improvement plans prepared by a California Registered Civil
Engineer, and enter into an agreement with the City of Moorpark to complete
public improvements, with sufficient surety posted to guarantee the complete
construction of all improvements. The improvements shall include concrete curb
and gutter, sidewalk, driveways, street lights, striping and signing and paving in
accordance with Ventura County Road Standards. Drainage improvements that
comply with all City standards are required as part of the street improvements.
13.Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a color and material board for review and approval of the Community
Development Director for consistency with the approved plans.
14.Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a fencing, lighting, landscaping, and security plan for review and approval
by the Community Development Director, Parks and Recreation Director, and
Police Chief that demonstrates compliance with the City's Zoning Ordinance,
Landscape Standards and Guidelines, and Water Efficient Landscape
Ordinance, and provides a safe and secure environment for the building
occupants..
15.Prior to the issuance of a Zoning Clearance for a building permit, the applicant
shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction
of the Administrative Services Manager.
16.Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit all fees, including, but not limited to Los Angeles Avenue Area of
Contribution Fee, Air Quality Fee, Art in Public Places Fee, Tree and Landscape
Fee, Fire Protection Facilities Fee, Police Facilities Fee, and Library Facilities
Fee. All entitlement processing fees must be paid up prior to the issuance of a
Zoning Clearance for a building permit.
17.AII necessary permits must be obtained from the Building and Safety Division
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
18.A separate sign permit application must be submitted for all proposed signs, for
the review and approval of the Community Development Director prior to
issuance of a building permit for a sign.
19.Parking areas must be developed and maintained in compliance with the
Moorpark Municipal Code, and surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer/Public Works
Director, and must include adequate provisions for drainage, National Pollution
Discharge Elimination System (NPDES) compliance, striping and appropriate
wheel blocks or curbs in parking areas adjacent to landscaped areas. All parking
space striping must be maintained to be clearly visible during the life of the
development.
Resolution No. 2016-3546
Page 7
20.AII exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
21.No increase of floor area is permitted without approval of an additional permit.
-END-
Resolution No. 2016-3546
Page 8
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. 2016-3546 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
19th day of October, 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 1st day of November,
2016.
Maureen Benson, City Clerk
(seal)
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