HomeMy WebLinkAboutAGENDA REPORT 2018 1017 REG CCSA ITEM 08ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 10.17.2018
ACTION Adopted Reso No.
2018-3756
BY M. Benson
A. Consider a Resolution Approving Industrial Planned Development Permit No.
2017-02 and Conditional Use Permit No. 2017 -02 to Allow a Sales Office,
Showroom, Fabrication Shop, and Outdoor Storage on a 2.65 Acre Lot at 14110
Princeton Avenue and Making a Determination of Exemption Under California
Environmental Quality Act in Connection Therewith, on the Application of Michael
Bennett for The Bennett Partnership . Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; and 2)
Adopt Resolution No. 2018-____.
Item: 8.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Freddy A. Carrillo, Associate Planner II
DATE: 10/17/2018 Regular Meeting
SUBJECT: Consider a Resolution Approving Industrial Planned Development
Permit No. 2017-02 and Conditional Use Permit No. 2017-02 to Allow
a Sales Office, Showroom, Fabrication Shop, and Outdoor Storage
on a 2.65 Acre lot at 14110 Princeton Avenue and Making a
Determination of Exemption Under CEQA in Connection Therewith,
on the Application of Michael Bennett for The Bennett Partnership
BACKGROUND
On September 16, 2017, The Bennett Partnership submitted an Industrial Planned
Development (IPD) Permit and Conditional Use Permit (CUP) application to allow a
sales office, showroom, fabrication shop, and outdoor storage of fencing supplies and
portable toilets for Fence Factory on a 2.65 acre lot at 14110 Princeton Avenue. The
applicant is also proposing to restore three existing structures as part of the IPD Permit
and lease outdoor storage of 3-axle truck tractors, equipment hauling trailers, and
construction equipment to Steven’s Trucking, Inc. as part of the CUP. The property was
recently occupied by eight unpermitted businesses. On March 7, 2018, a Settlement
Agreement between the City and The Bennett Partnership was executed to allow Fence
Factory to occupy the property and operate the business under a Temporary Use
Permit (TUP) while the IPD Permit and CUP applications are processed. The
Settlement Agreement is addressed further in the discussion section.
An IPD Permit is required for any new construction of more than 2,500 sq. ft. of
industrial building floor area. In addition, heights, setbacks, sizes, locations,
architectural styles and colors of all proposed buildings, structures and other on-site
improvements, landscaping design, neighborhood design, and permitted land uses are
established as part of the planned development permit review and approval process. A
CUP is required for outdoor storage if located within 100 feet of residentially zoned
property. A decision on a CUP is normally made by the Planning Commission;
however, because this project involves City Council consideration of the IPD Permit,
staff is requesting the Planning Commission’s recommendation to the City Council on all
permits associated with the project, with the City Council being the final decision maker.
Item: 8.A.
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October 17, 2018
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On September 25, 2018, the Planning Commission held a public hearing on this project
and after discussion recommended its approval with conditions. One speaker spoke in
opposition of the project. The resident felt the project would create a negative effect on
the residential property owners in the nearby Virginia Colony neighborhood by
decreasing property values and creating more traffic. Staff has reached out to the
resident to answer questions and concerns.
DISCUSSION
Project Setting
Existing Site Conditions:
The site is located on six parcels, 2.54 acres owned by The Bennett Partnership, and
0.11 acres owned by the City, totaling 2.65 acres on the south side of Princeton
Avenue, east of Spring Road and west of Nogales Avenue. The unimproved La Falda
Avenue right-of-way bi-sects the property and is used currently for outdoor storage
under a license agreement with the City. The site currently contains an office trailer and
two permanent buildings located on the northern west side of the property, and
unpermitted structures on the west side of the property. The applicant is only proposing
to restore the office trailer and two buildings, after which, temporary buildings will be
removed from the site. Existing shrubs and trees are located on the south side of the
property screening the Arroyo Simi River.
Previous Applications:
On October 25, 2006, the City and Manuel Asadurian, Jr. entered into a Settlement
Agreement in connection with the City’s construction of a street improvement project
along Princeton Avenue. The Settlement Agreement also addressed unpermitted uses
on property at 14110 Princeton Avenue and their encroachment onto adjacent City-
owned property and the unimproved La Falda Avenue right-of-way, which bi-sects the
property. This Settlement Agreement was recorded and binding on successors in
ownership of the property at 14110 Princeton Avenue. On October 26, 2006, The
Bennett Partnership purchased the property.
For years, The Bennett Partnership did not take any action to address the terms of the
2006 Settlement Agreement and deadlines for performance specified in the Settlement
Agreement had passed. As a result, on May 8, 2015, the City and The Bennett
Partnership entered in to an Exchange Agreement and Mutual Escrow Instructions to
update expired terms of the 2006 Settlement Agreement in order to effectuate the
transfer to the City of the Princeton Avenue road right-of-way in fee, along with a
landscape easement, and an access and maintenance easement, and a temporary
construction easement from the 14110 Princeton Avenue property owned by The
Bennett Partnership. As part of this exchange, adjacent property owned by the City was
transferred to The Bennett Partnership. In addition, on April 26, 2017, the City and The
Bennett Partnership entered into a License Agreement for Use of City-Owned Property
for Access that authorized the use of City-owned property, including the La Falda
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Avenue right-of-way and to provide access to the 10,850 square foot real property
purchased from the City by The Bennett Partnership.
On March 7, 2018, the City and The Bennett Partnership, entered into a Mutual Release
and Pre-Litigation Settlement Agreement (Attachment 1) regarding the use of the 2.65
acre lot at 14110 Princeton Avenue. The Settlement Agreement required a deposit of
$120,000 as a security for compliance with the terms of the Agreement and submittal of
a TUP application to occupy property and operate the business of sales and equipment
rentals for its company Fence Factory through October 31, 2018, or until a decision is
made on IPD Permit No. 2017-02, whichever comes first. The TUP allowed the
business to relocate from Agoura Hills and occupy the project site on a temporary basis,
since the business had to be removed from the Agoura Hills location by April 30, 2018.
As mentioned above, a Settlement Agreement also required the City to promptly
process, hold hearings before the Planning Commission and City Council, and reach a
decision on the application. This Settlement Agreement was recorded on March 7,
2018.
General Plan and Zoning:
The proposed IPD Permit and CUP are consistent with the Zoning classification and
General Plan land use designation.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site Medium Industrial
(I-2) Limited Industrial (M-2) Industrial Park
North
Rural High Density
Residential
(1 DU/AC)
Rural Exclusive (RE-1AC) Single-Family Home
South Floodway Limited Industrial (M-2) Arroyo Simi River
East Medium Industrial
(I-2) Limited Industrial (M-2) Vacant Lot
West Medium Industrial
(I-2) Limited Industrial (M-2) Cement Factory
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Project Summary
Industrial Planned Development Permit No. 2017-02 and Conditional Use Permit No.
2017-02:
The applicant is requesting to allow outdoor storage for Fence Factory and Steve’s
Trucking, Inc. and restore the existing structures. Uses proposed for each building and
outdoor storage, with floor area, is as follows:
Proposed Use Size (square-feet)
Storage Trailer 480 sq. ft.
Warehouse and Fabrication Building 2,560 sq. ft.
Retail and Office / Showroom Building 2,200 sq. ft.
Outdoor Storage for Fence Factory 15,125 sq. ft.
Outdoor Storage for Steve’s Trucking, Inc. 6,632 sq. ft.
Architecture:
The two existing buildings and trailer are in usable condition, but in need of
rehabilitation. The proposed warehouse and fabrication shop will be located inside the
2,560 sq. ft. building. It has vertical corrugated sidings with metal doors, and is partially
covered by a metal high pitch roof and a flat roof. Attached to this building is a 480
square-foot office trailer. The metal flat roof trailer has wood siding and is located on a
permanent foundation. The proposed retail, office, and showroom space will be located
inside the 2,200 sq. ft. building made of concrete block and vertical corrugated siding.
An old metal overhang is located on the northern side of the building.
To improve the appearance of these structures, the applicant is proposing to paint the
exterior walls and metal doors with charcoal smudge paint and use Navajo white paint
for the overhang eaves and rafter ends. The concrete wall will remain as is. In order to
keep consistency with the Settlement Agreement, a special condition has been added to
paint all buildings as provided on the approved plans by April 30, 2019.
Parking:
The project is required to comply with the City’s parking ordinance by providing 1
parking space for every 300 sq. ft. of office and retail space, 1 space for every 500 sq.
ft. of warehousing and storage, and 1 space for every 1,000 sq. ft. of outdoor storage
space, including but not limited to vehicles, equipment, tools and supplies. All of the
parking spaces are 9 feet wide by 20 feet deep.
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Proposed Use Minimum Parking
Required Based on
Gross Floor Area of
Building and Outdoor
Storage
Total Parking Spaces
Required and Provided
Storage Trailer is 480 sq. ft. 1 space / 500 sq. ft. 1 spaces
Warehouse / Fabrication is 2,560 sq. ft. 1 space / 500 sq. ft.
5 spaces
Retail / Showroom / Office Building is
2,200 sq. ft. 1 space / 300 sq. ft. 7 spaces
Outdoor Storage for Fence Factory is
15,125 sq. ft. 1 space / 1,000 sq. ft. 15 spaces
Outdoor Storage for Steven Trucking is
6,632 sq. ft. 1 space / 1,000 sq. ft. 7 spaces
Total Parking Spaces
Required and Provided:
35 spaces Required and
41 Provided
Site Improvements and National Pollution Discharge Elimination Standards
Requirements (NPDES):
The City Engineer has conditioned the project to provide for all necessary on-site and
off-site storm drain improvements including the imposition of National Pollution
Discharge Elimination System (NPDES) requirements. “Passive” Best Management
Practices Drainage Facilities are required to be provided so that surface flows are
intercepted and treated on the surface over biofilters (grassy swales), infiltration areas
and other similar solutions.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for City Council
consideration:
Outdoor Storage
Relocation of Improved Driveway
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Outdoor Storage:
The primary use of the property will be for outdoor storage. As noted above, the
Moorpark Municipal Code requires a CUP for outdoor storage when located within 100-
feet of residentially zone properties with an 8-foot high screen. A special condition of
approval would normally require a screen wall as part of the permit; however, in this
case, per the modification to the Settlement Agreement, the City is required to build a 6-
foot high screen wall as part of the construction of the street improvement project along
Princeton Avenue. Part of the improvement requires a retaining wall behind the right-of-
away. The City would construct the 6-foot high screen wall on top of the retaining wall,
with 5 feet of landscaping between the sidewalk and wall.
The applicant will be responsible for either participating in a Landscape Maintenance
District to maintain the landscaping in front of the site or maintaining the landscaping if a
district is not created. Because the site is below grade, the 6-foot high screen wall
would be sufficient to block visibility of the outdoor storage from Princeton Avenue.
Staff is not proposing any additional screening on the other property lines. The property
line with National Ready Mixed to the west includes a concrete block wall on the
National Ready Mixed property that was constructed from large blocks made of surplus
concrete. The Caltrans property to the east is used for construction storage by Caltrans
and is not used by the public. The Arroyo Simi to the south of the site is covered in
heavy vegetation, and a wall would be unnecessary to screen the outdoor storage.
Relocation of Improved Driveway:
Currently, a driveway is located on the northwest side of the property. The future
planned improvement of Princeton Avenue would provide an ultimate roadway width of
54 feet within an 88-foot wide right-of-way adjacent to this project site. The improvement
project also includes the relocation of the existing driveway to the eastern side of the
property. In accordance with the Settlement Agreement, if the Bennett Partnership has
not constructed a new improved driveway access prior to construction of the project,
then the City will design, construct and cover cost of the new driveway access. The
Bennett Partnership; however, will cover the cost to construct and install the curb,
gutter, sidewalk and street improvements.
Findings
The following draft findings are provided for City Council consideration:
Industrial Planned Development Permit Findings:
1. 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 the site is planned and zoned for
industrial uses, including outdoor storage.
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2. 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 existing
buildings comply with Zoning regulations, sufficient parking is provided on site,
and surrounding uses are similar in nature.
3. The proposed uses are compatible with existing and permitted uses in the
surrounding area, which is part of the Limited Industrial (M-2) Zoning designation.
Conditional Use Permit Findings:
1. The proposed use is consistent with the provisions of the City's General Plan,
Zoning Ordinance, and other applicable regulations as conditioned in that
outdoor storage in the Limited Industrial (M-2) Zone is a conditionally-permitted
use.
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that outdoor storage is permitted in the Limited Industrial
zone.
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that conditions of approval have been proposed for
appropriate screening and landscaping;
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper
control of outdoor storage.
5. The proposed outdoor storage use would not be detrimental to the public
interest, health, safety, convenience, or welfare.
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: September 21, 2018
City Council Action Deadline: January 19, 2019
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ENVIRONMENTAL DETERMINATION
In accordance with the City’s environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation cannot be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1 – Exiting Facilities) of the California Code of
Regulations (CEQA Guidelines). There is no substantial evidence that the proposed
uses would have a significant effect on the environment in that the site has already
been graded and improved and used for industrial and outdoor storage uses. In
addition, the proposed uses are consistent with the General Plan and Zoning
regulations. No further environmental documentation is required.
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 October 7, 2018.
2. Mailing. The notice of the public hearing was mailed on October 5, 2018, to
owners of real property, as identified on the latest adjusted Ventura 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 on October 5,
2018.
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STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close the public hearing.
2. Adopt Resolution No. 2018-____.
ATTACHMENTS:
1. Mutual Release and Pre-Litigation Settlement Agreement
2. Location Map
3. Aerial Map
4. Project Exhibit: Site Plan - Existing
5. Project Exhibit: Site Plan - Proposed
6. Project Exhibit: Elevations
7. Project Exhibit: Elevations
8. Draft Resolution with Conditions of Approval
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CC ATTACHMENT 1 10
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12
13
14
15
16
17
18
19
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Location Map - 14100 Princeton Avenue
CC ATTACHMENT 221
Aerial Map - 14110 Princeton Avenue
CC ATTACHMENT 322
CC ATTACHMENT 423
CC ATTACHMETN 524
FENCE FACTORY DRAWING INFOREVISIONSASSESSORS PARCEL NUMBERS: 513-0-022-015 + 513-0-040-105
MOORPARK, CA 9302114110 PRINCETON AVE These drawings are tools of service and are theproperty of Anttila Design Studio. All designsand information contained in these drawings arefor the sole use on the project specified below.Expressed written permission and consent ofAnttila Design Studio must be obtained prior tothe use of these drawings whether the use is for,but not limited to: additions to this project, orcompletion of this project by others. Permissionto reproduce, copy or change these drawingsmust first be granted and must be by expressedwritten permission from Anttila Design StudioCopyright: Anttila Design StudioAll Rights ReservedSUBMISSION OF IPD AND CUP
GENERAL PLAN: 1-2
ZONING M2WAREHOUSE AND OFFICE BUILDING PLANNLEGENDKEYNOTESEXISTING WAREHOUSESTORAGEA2.2CC ATTACHMENT 625
ELEC. SERVICETRANSRRRRUPLEGENDKEYNOTESRETAIL BUILDING PLANNA2.1FENCE FACTORY DRAWING INFOREVISIONSASSESSORS PARCEL NUMBERS: 513-0-022-015 + 513-0-040-105
MOORPARK, CA 9302114110 PRINCETON AVE These drawings are tools of service and are theproperty of Anttila Design Studio. All designsand information contained in these drawings arefor the sole use on the project specified below.Expressed written permission and consent ofAnttila Design Studio must be obtained prior tothe use of these drawings whether the use is for,but not limited to: additions to this project, orcompletion of this project by others. Permissionto reproduce, copy or change these drawingsmust first be granted and must be by expressedwritten permission from Anttila Design StudioCopyright: Anttila Design StudioAll Rights ReservedSUBMISSION OF IPD AND CUP
GENERAL PLAN: 1-2
ZONING M2OFFICEOFFICERETAILSALES COUNTERCC ATTACHMENT 726
RESOLUTION NO. 2018-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING INDUSTRIAL
PLANNED DEVELOPMENT PERMIT NO. 2017-02 AND
CONDITIONAL USE PERMIT NO. 2017-02 TO ALLOW A SALES
OFFICE, SHOWROOM, FABRICATION SHOP, AND OUTDOOR
STORAGE ON A 2.65 ACRE LOT AT 14110 PRINCETON
AVENUE, AND MAKING A DETERMINATION OF EXEMPTION
UNDER CEQA IN CONNECTION THEREWITH, ON THE
APPLICATION OF MICHAEL BENNETT FOR THE BENNETT
PARTNERSHIP
WHEREAS, on September 18 2017, Michael Bennett of The Bennett
Partnership, submitted an application for Industrial Planned Development (IPD) Permit
No. 2017-02 and Conditional Use Permit (CUP) No. 2017-02 to allow a sales office,
showroom, fabrication shop, and outdoor storage at 14110 Princeton Avenue; and
WHEREAS, at a duly noticed public hearing on September 25, 2018, for IPD
Permit No. 2017-02 and CUP No. 2017-02, 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-2018-632,
recommending to the City Council approval of IPD Permit No. 2017-02 and CUP No.
2017-02 with conditions of approval; and
WHEREAS, the Community Development Director has determined that IPD
Permit No. 2017-02 and CUP No. 2017-02 are categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1:
Existing Facilities) of the CEQA Guidelines. There is no substantial evidence that the
proposed uses would have a significant effect on the environment in that the site has
already been graded and improved and used for industrial and outdoor storage uses. In
addition, the proposed uses are consistent with the General Plan and Zoning
regulations.
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
15301 (Class 1: Existing Facilities) of the CEQA There is no substantial evidence that
the proposed uses would have a significant effect on the environment in that the site
has already been graded and improved and used for industrial and outdoor storage
CC ATTACHMENT 8 27
uses. In addition, the proposed uses are consistent with the General Plan and Zoning
regulations. No further environmental documentation is needed.
SECTION 2. 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 the site is planned and
zoned for industrial uses, including outdoor storage.
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 existing
buildings comply with Zoning regulations, sufficient parking is provided on site,
and surrounding uses are similar in nature.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area, which is part of the Limited Industrial (M-2) Zoning
designation.
SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report, accompanying studies, and oral and written
public testimony, the City Council makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.040(D):
A. The proposed use is consistent with the provisions of the City's General Plan,
Zoning Ordinance, and other applicable regulations as conditioned in that
outdoor storage in the Limited Industrial (M-2) Zone is a conditionally-permitted
use.
B. The proposed use is compatible with both existing and permitted land uses in
the surrounding area, in that outdoor storage is permitted in the Limited
Industrial zone.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that conditions of approval have been proposed for
appropriate screening and landscaping;
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper
control of outdoor storage.
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E. The proposed outdoor storage use would not be detrimental to the public
interest, health, safety, convenience, or welfare.
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 IPD Permit No. 2017-2 and CUP No. 2017-02 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 17th day of October, 2018.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A – Standard and Special Conditions of Approval
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EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2017-02 AND
CONDITIONAL USE PERMIT NO. 2017-02
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. 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
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.
4. 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.
5. 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
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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.
6. 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.
7. The development must be in substantial conformance with the plans presented in
conjunction with the application for Industrial Planned Development No. 2017-02
and Conditional Use Permit No. 2017-02, 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.
8. Industrial Planned Development No. 2017-02 and Conditional Use Permit No.
2017-02 may be revoked or its use suspended by the City, if any of the causes
listed in Section 17.44.080.B 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.
9. Industrial Planned Development No. 2017-02 and Conditional Use Permit No.
2017-02 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
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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.
10. The applicant shall comply with the terms of the March 7, 2018 Mutual Release
and Pre-Litigation Settlement Agreement between The Bennett Partnership and
The City of Moorpark, incorporated herein by reference.
11. Within sixty (60) days of approval of Industrial Planned Development Permit No.
2017-02, 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. All buildings on site must be painted as provided on the approved plans by
April 30, 2019.
12. Within sixty (60) days of approval of Industrial Planned Development Permit No.
2017-02, 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. All landscaping and lighting on site must be installed as
provided on the approved plans by April 30, 2019.
13. 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.
14. Within sixty (60) days of approval of Industrial Planned Development Permit No.
2017-02, the applicant shall submit a Developer Waste Reduction and Recycling
Plan to the satisfaction of the Program Manager.
15. 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.
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16. The number of parking spaces shall be maintained consistent with Chapter 17.32
of the Zoning Ordinance.
17. Repair and maintenance of vehicles on the site is limited to the hours between
7:00 a.m. and 6:00 p.m., Monday through Friday. Within thirty (30) days of
approval of the Conditional Use Permit, the applicant must provide for review and
approval of the Community Development Director a site plan showing a
designated area for vehicle repair and maintenance to minimize off-site noise
impacts. Once the site plan is approved, all vehicle repair and maintenance must
take place within the approved area.
18. Parking and outdoor storage 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
and City Engineer/Public Works Director, and must include adequate provisions
for drainage, National Pollution Discharge Elimination System (NPDES)
compliance, and 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.
19. All exterior areas of the site, including parking areas under use by the facility,
shall be maintained free of litter and debris at all times.
20. Storage of fencing supplies, portable toilets, vehicles and equipment must take
place in areas not visible from the adjacent Princeton Avenue public right-of-way,
once Princeton Avenue improvements are completed adjacent to the subject
property. Within thirty (30) days of approval of the Industrial Planned
Development Permit No. 2017-02 and Conditional Use Permit No. 2017-02, the
applicant must provide for review and approval of the Community Development
Director a site plan showing the storage location.
21. Maintenance of portable toilets shall be conducted in a manner to avoid spillage
or odors to the satisfaction of the Community Development Director.
22. By accepting this permit, the applicant agrees to cast affirmative ballots for the
formation of one or more assessment districts and levying of assessments, for
the maintenance of parkway landscaping within the right-of-way between the
front property line and curb (City Landscape Maintenance District (LMD)),
including but not limited to all water and electricity costs. The applicant further
agrees to provide for maintenance of parkway landscaping within the right-of-way
between the front property line and curb in the event the aforementioned
assessment district is dissolved or altered in any way or assessments are
reduced or limited in any way by a ballot election of property owners, or if the
assessment district is invalidated by court action.
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23. If at any time it is determined that the use is not consistent with the City’s noise
requirements, the applicant will be required to implement appropriate measures
as determined by the Community Development Director to bring the use into
compliance with provisions of the City’s Noise Element of the General Plan and
the noise standards in the Moorpark Municipal Code.
24. All trucking associated with this use shall comply with Title 10 (Vehicles and
Traffic) of the Moorpark Municipal Code and the City’s adopted truck routes
(Resolution No. 2006-2534 or its successor).
25. A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director.
Engineering / Public Works
26. A final design and construction schedule for the relocation of the improved
driveway must be approved by the State and City Engineer.
27. Obtain coverage under the California Industrial General Permit 2014-0057-DWQ
(Permit), or provide documentation supporting Permit coverage will not be
required.
-End-
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