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HomeMy WebLinkAboutRES CC 2017 3646 2017 1206 RESOLUTION NO. 2017-3646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 2016-01 AND INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2017-01 FOR THE SUBDIVISION OF AN APPROXIMATELY 10.0-ACRE DEVELOPED LOT INTO TWO PARCELS OF 7.8 ACRES AND 2.2 ACRES AND CONSTRUCTION OF A 35,330 SQUARE-FOOT INDUSTRIAL BUILDING ON THE NEWLY-CREATED 2.2-ACRE PARCEL AT 400 SCIENCE DRIVE, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH, ON THE APPLICATION OF NICK RINI FOR NEARON ENTERPRISES WHEREAS, Nick Rini, for Nearon Enterprises, submitted applications for Tentative Parcel Map (TPM) No. 2016-01 on November 8, 2016, and Industrial Planned Development (IPD) Permit No. 2017-01 on April 12, 2017, for the subdivision of an approximately 10.0-acre developed lot into two parcels of 7.8 acres and 2.2 acres and construction of a 35,330 square-foot industrial building on the newly-created 2.2 acre parcel; and WHEREAS, at a duly noticed public hearing on October 24, 2017 for TPM No. 2016-01 and IPD Permit No. 2017-01, the Planning Commission 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 adopted Resolution No. PC-2017-622, recommending to the City Council approval of the Tentative Parcel Map and Industrial Planned Development Permit; and WHEREAS, at a duly noticed public hearing on November 15, 2017 and December 6, 2017 for TPM No. 2016-01 and IPD Permit No. 2017-01, 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 TPM No. 2016-01 and IPD Permit No. 2017-01 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32: In-fill Development Projects) of the CEQA Guidelines. The proposed building is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been graded and improved in anticipation of future development. No further environmental documentation is needed. Resolution No. 2017-3646 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council, based on its own independent analysis and judgment, concurs with the Community Development Director's determination that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32: In-fill Development Projects) of the CEQA Guidelines. The proposed building and is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been graded and improved in anticipation of future development. No further environmental documentation is needed. SECTION 2. TENTATIVE PARCEL MAP 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: A. The proposed map, including its design and improvements, is consistent with the City's General Plan and Zoning Ordinance as proposed, in that the map has been designed to comply with the requirements of the City's General Plan in providing a new industrial parcel adjacent to existing industrial development and it meets Zoning standards for the Industrial Park (M-1) Zone. B. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. C. The site is physically suitable for the proposed intensity of development, in that all City development standards, including parking, would be met by the proposed project. D. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the site has already been graded and improved in anticipation of future industrial development. E. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. F. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that full access to and from Science Drive for both parcels have been incorporated in the design of this project. Resolution No. 2017-3646 Page 3 SECTION 3. PLANNED DEVELOPMENT 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 17.44.030: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the General Plan, any applicable specific plans, Zoning Ordinance, and any other applicable regulations in that it incorporates design features, including mass, scale, materials, and colors, to enhance the visual character of the industrial park location. B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that the building complies with Zoning regulations and sufficient parking is provided on site. C. The future uses would be compatible with existing and permitted uses in the surrounding area, which is part of the Industrial Park (M-1) Zoning designation. SECTION 4. APPROVAL OF PROJECT: Based on all of the findings contained herein and all the evidence in the record of this matter, the City Council approves TPM No. 2016-01 and IPD Permit No. 2017-01 subject to the Standard and Special Conditions of Approval included in Exhibit A (Standard and Special Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. FILING OF RESOLUTION: 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 6th day of December, 2017. ` ( .tui 'yJ ( Janice S. Parvin, Mayor ATTEST: } j• 014°S Al IPW1 Maureen Benson, City Clerk ipV �i A Q yJ 4TED Exhibit A — Standard and Special Conditions of Approval Resolution No. 2017-3646 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 2016-01 AND INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2017-01 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Subdivisions and Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibits 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. 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. The Final Map must include the final Conditions of Approval and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 4. This subdivision expires two (2) years from the date of its approval. The Community Development Director with the City Engineer's concurrence may, at his/her discretion, grant up to one (1) additional one-year extension for map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map must be made in writing, at least thirty calendar (30) days prior to the expiration date of the map and must be accompanied by applicable entitlement processing deposits. 5. This Industrial Planned Development permit expires one (1) 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 development permit, if there have been no changes in the adjacent areas Resolution No. 2017-3646 Page 5 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 must be made in writing, at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans or on the entitlement application. This language shall be added as a notation to the Final Map and/or to the final plans for the planned development. 6. 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. 7. 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: i. 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 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. 8. 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. Resolution No. 2017-3646 Page 6 9. The development must be in substantial conformance with the plans presented in conjunction with the application for Tentative Parcel Map No. 2016-01 and Industrial Planned Development No. 2017-01, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking layout shall require review and approval as determined by the Community Development Director consistent with Chapter 17.44 of the Zoning Ordinance. 10. Industrial Planned Development No. 2017-01 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.8 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. Tentative Parcel Map No. 2016-01 and Industrial Planned Development No. 2017-01 is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 12. 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. Materials, textures and colors of the building shall be compatible with the existing buildings in the business park. 13. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a lighting and landscaping 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. Resolution No. 2017-3646 Page 7 14. Existing landscaping along the site's Los Angeles Avenue frontage shall be enhanced and existing landscaping in the parking lot shall be restored to the satisfaction of the Community Development Director and Parks and Recreation Director. The property owner shall enter into an agreement with the City to assume the responsibility for the providing and maintaining the enhanced landscaping within the Caltrans right-of-way, subject to approval by the City Manager and Community Development Director. All enhanced landscaping shall be installed prior to Certificate of Occupancy for the new building on the 2.2-acre parcel. 15. 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 the development site. 16. Prior to the issuance of a Zoning Clearance for a building permit, the applicant shall submit a plan for a fully-covered trash enclosure, with materials and colors to match the building, for review and approval by the Community Development Director and City solid waste manager. 17. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the City's Solid Waste and Recycling Division. 18. All 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. 19. Prior to the issuance of each building permit, the applicant shall provide a sample of the glass to be used, along with the manufacturer's specifications for exterior reflectance, for review and approval by the Community Development Director. Glass shall not exceed 8% exterior reflectance. 20. Concurrent with the lighting review to determine compliance with Chapter 17.30 of the Moorpark Municipal Code, the applicant shall provide the Community Development Director exhibits demonstrating that all lighting fixtures across both properties are architecturally compatible with the buildings and landscaping. LED lighting is encouraged to conserve electricity. 21. 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 Resolution No. 2017-3646 Page 8 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. 22. The number of parking spaces shall be maintained consistent with Chapter 17.32 of the Zoning Ordinance. 23. Reciprocal access through parking lots and publicly accessible outdoor areas shall be required and incorporated into the Final Parcel Map and Covenants, Conditions, and Restrictions (CC&Rs) and shall be maintained by both property owners to enable accessibility to the satisfaction of the Community Development Director, City Engineer/Public Works Director and City Attorney 24. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. No signage is permitted on the architectural fin on the north façade of the new building. 25. No outdoor storage, including vehicle storage, is allowed under this approval. Any request for outdoor storage shall be subject to the application requirements in place at the time of such request. 26. 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, 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. 27. Prior to issuance of a Zoning Clearance for a building permit, applicant shall either submit an in-lieu art fee or indicate a location for on-site public art in compliance with Chapter 17.50 of the Zoning Ordinance. If on-site public art is approved, it must be installed and completed prior to issuance of a Certificate of Occupancy. Engineering / Public Works 28. Prior to Final Parcel Map approval and recordation, the Final Parcel Map shall include an irrevocable offer to dedicate property at the northeast corner of Science Drive and Los Angeles Avenue for future intersection improvements. Future intersection improvements are for one dedicated right-turn lane (southbound), one dedicated left-turn/through lane (southbound), and one Resolution No. 2017-3646 Page 9 travel lane (northbound) at the northern leg of Science Drive at Los Angeles Avenue. The irrevocable offer to dedicate shall be to the satisfaction of the City Engineer/Public Works Director and Community Development Director. 29. Prior to Final Parcel Map approval and recordation, the Final Parcel Map shall include a 5-foot wide sidewalk improvement along the entire Science Drive project frontage within the public right-of-way. The sidewalk shall be constructed to City standards to the satisfaction of the City Engineer/Public Works Director prior to occupancy of the new building on the 2.2-acre parcel. 30. Prior to Final Map approval and recordation, the Final Parcel Map and Covenants, Conditions, and Restrictions (CC&Rs) shall provide drainage covenants across both parcels to the satisfaction of the City Engineer/Public Works Director. 31. The project shall incorporate post-construction storm water Best Management Practices (BMPs) and Low Impact Development design, including a technical feasibility report, to the satisfaction of the City Engineer/Public Works Director. -End- Resolution No. 2017-3646 Page 10 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. 2017-3646 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 6th day of December, 2017, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 20th day of December, 2017. Maureen Benson, City Clerk (seal) ';1 �11 � . Mt' _;1 ' . 1wfig ItlIzt re® a%)