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HomeMy WebLinkAboutAG RPTS 2018 0925 PC REG V PpK Cq(�.c 00.41111111 ��92 rei, v � m r. Resolution No. 2018-632 0 ^,sci St. .0)v PLANNING COMMISSION REGULAR MEETING AGENDA SEPTEMBER 25, 2018 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-632) A. Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Development Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and continue the agenda item with the public hearing open to the regular Planning Commission meeting of October 23, 2018. (Staff: Joseph Fiss) All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items.Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Regular Planning Commission Meeting Agenda September 25, 2018 Page 2 B. Consider a Resolution Recommending to the City Council Approval of 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. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018- recommending to the City Council conditional approval of Industrial Planned Development Permit No. 2017-02 and Conditional Use Permit No. 2017-02. (Staff: Freddy A. Carrillo) 9. DISCUSSION ITEMS: 10. CONSENT CALENDAR: 11. ADJOURNMENT: Posted: September 21, 2018. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104; ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, September 25, 2018, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 21, 2018, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 21, 2018. L4-( Joce R. Figueroa, Administrative Assistant II • Pat< C4 a c; fli 0,0 AIL 2 Ji • lat 11110011: 9V4TFo J')‘'Jy1^�0 NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Duly noticed public hearing regarding: Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Development Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. was held at a regular meeting on September 25, 2018, at which time the Planning Commission continued the open public hearing to a Regular Planning Commission meeting to be held at 7:00 p.m. on October 23, 2018, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Posted: September 26, 2018. � 9111,y-0JNyc- R. Figueroa, Administrative Assistant II STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Joyce R. Figueroa, declare as follows: That I am the Secretary to the Planning Commission of the City of Moorpark and that a Notice of Continuance of Open Public Hearing regarding: Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Development Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. continued from September 26, 2018, to October 23, 2018, was posted on September 26, 2018, at a conspicuous location near the place of the meeting: Moorpark Community Center 799 Moorpark Avenue Moorpark, California I declare under penalty of perjury that the foregoing is true and correct. Executed on September 26, 2018. a, L , � Lwo Joy4e ". Figueroa, Administrative Assistant II ITEM: 8.A. MOORPARK,CAUPORNIA Planning Commission of q-2.`5-2n iR ACTION:Cin,IPrl 14(2(1149 rpm A/ober 2 3, 2 'h9 Kollar P[Rnni n Cernoli9sinn rnvelino. BY: 1-- 9IICYL MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Joseph Fiss, Planning Manager DATE: September 25, 2018 SUBJECT: Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Development Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC DISCUSSION Staff is requesting a continuance of the public hearing to October 23, 2018 to finalize preparation of the draft Development Agreement. STAFF RECOMMENDATION Open the public hearing, accept public testimony and continue the agenda item with the public hearing open to the regular Planning Commission meeting of October 23, 2018. 1 ITEM: 8.B. MOORPARK,CALIFORNIA Planning Commission of 2 2nIR ACTION:i%p RPCL 1mPnrIll�ll0 Inr)1 trim T � vyd Afftrilnn 6 W It v-r►'n Nc�_ 2® b, 2. BY: 5• fi,9110Yro. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Director Freddy A. Carrillo, Associate Planner II DATE: September 25, 2018 SUBJECT: Consider a Resolution Recommending to the City Council Approval of 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 porta potties 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. A Settlement Agreement between the City and The Bennett Partnership allows 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 2 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. 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 by the City. The site currently contains an office trailer and two permanent buildings. 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 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 Avenue right-of-way and to provide access to the 10,850 square foot real property purchased from the City by The Bennett Partnership 3 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 $120,000.00 as a security for compliance with the terms of the agreement and submittal of a TUP application to occupy property and operate 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 as temporary basis where it had to be removed 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 Limited Industrial (M-2) Industrial Park Rural High Density North Residential Rural Exclusive (RE-1AC) Single-Family Home (1 DU/AC) South Floodway Limited Industrial (M-2) Arroyo Simi River East Medium Industrial Limited Industrial (M-2) Vacant Lot West Medium Industrial Limited Industrial (M-2) Cement Factory 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: 4 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. 5 Proposed Use Minimum Parking Required Based on Total Parking Spaces Gross Floor Area of Required and Provided Building and Outside Storage 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 35 spaces Required and Required and Provided: 41 Provided ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Outdoor Storage • Relocation of Improved Driveway 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. 6 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 either 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 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, the City will be designing and constructing the new improved driveway access at the owner's expense. Findings The following draft findings are provided for Planning Commission 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. 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. 7 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 Planning Commission Action Deadline: N/A City Council Action Deadline: January 19, 2019 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 8 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). The proposed development 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. 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 September 16, 2018. 2. Mailing. The notice of the public hearing was mailed on September 12, 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 is to be placed on the street frontage by September 14, 2018. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2018- recommending to the City Council conditional approval of Industrial Planned Development Permit No. 2017-02 and Conditional Use Permit No. 2017-02. ATTACHMENTS: 1. Mutual Release and Pre-Litigation Settlement Agreement 2. Location Map 3. Aerial Map 4. Project Exhibits 5. Draft PC Resolution with Conditions of Approval 9 MUTUAL RELEASE AND PRE-LITIGATION SETTLEMENT AGREEMENT BETWEEN THE BENNETT PARTNERSHIP AND THE CITY OF MOORPARK This MUTUAL RELEASE AND PRE-LITIGATION SETTLEMENT AGREEMENT ("Agreement") is made and entered into on this ' day of March, 2018, by and between the CITY OF MOORPARK, a municipal corporation ("CITY"), on the one hand, and THE BENNETT PARTNERSHIP, A GENERAL PARTNERSHIP ("BENNETT"), on the other hand, regarding the use of a 2.65-acre property at 14110 Princeton Avenue. RECITALS A. The CITY and Manuel Asadurian, Jr. ("ASADURIAN") entered into a Settlement Agreement on October 25, 2006 ("2006 Settlement Agreement") in connection with the City's construction of a street widening and improvement project along Princeton Avenue. B. On October 26, 2006, BENNETT purchased from ASADURIAN that certain real property ("PROPERTY") at 14110 Princeton Avenue, also identified as APN 513-0-022-015, subject to the 2006 Settlement Agreement. C. BENNETT did not fulfill the terms of the 2006 Settlement Agreement, including completion of the terms within the specified deadlines. Therefore, on May 8, 2015, CITY and BENNETT entered in to an Exchange Agreement and Mutual Escrow Instructions ("EXCHANGE AGREEMENT") to effectuate the transfer to the CITY of road right of way in fee, landscape easement, access and maintenance easement, or temporary construction easement from PROPERTY owned by BENNETT and to transfer to BENNETT portions of adjacent real property owned by CITY. D. In addition, on April 26, 2017, CITY and BENNETT entered into a License Agreement for Use of City-Owned Property for Access ("LICENSE AGREEMENT") that authorized BENNETT to use certain City-owned Property and that certain real property known as "La Falda Avenue" described in the License Agreement to provide access to the 10,850 square foot real property commonly known as Lots 52 and 53 purchased from the CITY by BENNETT. E. The conveyance documents for the exchange of the CITY and BENNETT properties referenced in the EXCHANGE AGREEMENT were recorded on April 26, 2017, including Grant Deeds between the CITY and BENNETT and a Temporary Construction Easement granted by BENNETT to the City in connection with the widening of Princeton Avenue. Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 1 of 10 PC ATTACHMENT 1 10 F. BENNETT has not fulfilled some of the terms of the EXCHANGE AGREEMENT, including the removal of unpermitted uses from the PROPERTY and the obtaining of an Industrial Planned Development (IPD) Permit for the PROPERTY. G. On September 18, 2017, BENNETT filed an application with CITY for IPD Permit No. 2017-02. These plans include the use of the PROPERTY for a Fence Factory business which BENNETT owns and operates and is proposing to relocate from its current location in Agoura Hills. This application was rejected by CITY as incomplete on October 18, 2017 due to municipal code violations relating to unpermitted uses on the PROPERTY and incomplete plans. H. BENNETT has initiated the removal of unpermitted uses from the PROPERTY; however, at least one tenant with an unpermitted use has not cooperated in leaving the site. The unpermitted use of this PROPERTY remains as the only outstanding item that makes the application for IPD Permit No. 2017-02 incomplete. I. BENNETT has requested to be allowed to immediately begin moving the Fence Factory business on to the PROPERTY as the business must be removed from the Agoura Hills location by April 30, 2018. J. CITY is unable to process IPD Permit application in time to allow Fence Factory to move on to the site and open for business by April 30, 2018 due to the unpermitted business on the PROPERTY. K. The purpose of this Agreement is to set forth the terms under which CITY will 1) process IPD Permit No. 2017-02 in advance of the unpermitted business leaving the PROPERTY and 2) process a Temporary Use Permit ("TUP") to allow Fence Factory to relocate onto the property at 14110 Princeton Avenue on a temporary basis in advance of obtaining IPD Permit No. 2017-02. AGREEMENT For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, and in consideration of these promises, agreements, representations, warranties, covenants, and conditions contained herein, CITY and BENNETT (and each of them) hereby agree as follows: 1. Deposit by BENNETT to CITY BENNETT agrees to deposit with CITY the sum of ONE-HUNDRED TWENTY- THOUSAND DOLLARS ($120,000.00) in cash or cashier's check by March 5, 2018 as security for compliance with the terms of this Agreement ("DEPOSIT PAYMENT"), which will be held and then expended by CITY as provided in this Agreement. Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 2 of 10 11 2. Conditional Return of Portion of DEPOSIT PAYMENT by CITY to BENNETT upon Completion of Obligations of BENNETT under this Agreement CITY shall make a partial return of the DEPOSIT PAYMENT to BENNETT in the amount of ONE-HUNDRED THOUSAND DOLLARS ($100,000.00) ("CONDITIONAL PAYMENT")within sixty (60) days of BENNETT's completion at its sole cost and expense of all of the tasks outlined in Exhibit A of this agreement to the satisfaction of the City Manager. The remaining $20,000.00 of the DEPOSIT PAYMENT shall be retained by CITY to reimburse the City for its costs and expenses in entering into this Agreement, monitoring its compliance, and implementing the terms of this Agreement. If the tasks outlined in Exhibit A of this Agreement are not completed to the satisfaction of the City Manager IN FULL by April 30, 2019, CITY shall have no obligation to make the CONDITIONAL PAYMENT. BENNETT, FENCE FACTORY and any other entity on the property shall terminate all uses, vehicle and material storage within thirty (30) days of decision on IPD Permit No. 2017-02 if IPD Permit denied. BENNETT hereby expressly agrees that it will forfeit any claim to any portion of the CONDITIONAL PAYMENT should it fail to satisfy all of the foregoing conditions IN FULL by April 30, 2019, and that time is of the essence. BENNETT understands and agrees that the full amount of the CONDITIONAL PAYMENT shall be ONE-HUNDRED THOUSAND DOLLARS ($100,000.00), that no interest shall accrue on such sum, and that BENNETT shall have no claim on the remaining $20,000.00, whether or not IPD Permit No. 2017-02 is approved or disapproved. 3. Processing by CITY of TUP to Allow Fence Factory to Occupy PROPERTY and Operate Business Upon receipt of DEPOSIT PAYMENT identified in Section 1, CITY agrees to accept a TUP Application by BENNETT for Fence Factory to occupy PROPERTY and operate business of sales and equipment rentals and further agrees to promptly process this application and issue a decision that would allow for Fence Factory to operate under the conditions of the TUP through October 31, 2018 or until a decision is effective on IPD Permit No. 2017-02, whichever comes first. BENNETT hereby expressly agrees that it will forfeit any claim to any portion of the CONDITIONAL PAYMENT should it fail to comply with all of the conditions of the TUP while it is in effect. 4. Processing by CITY of IPD Permit No. 2017-02 Upon receipt of DEPOSIT PAYMENT identified in Section 1, CITY agrees to promptly process, hold hearings before the Planning Commission and City Council, and reach a final decision on the application for IPD Permit No. 2017-02 no later than October 15, 2018. Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 3 of 10 12 5. Mutual Release (a) Subject to the performance of the provisions of this Agreement, and except for enforcement of the obligations and undertakings set forth in this Agreement, the 2006 Settlement Agreement, the EXCHANGE AGREEMENT, the LICENSE AGREEMENT, and IPD Permit No. 2017-02, if approved, the CITY, hereby releases, and discharges BENNETT, and its subsidiary and affiliated corporations, and its predecessors and successors-in-interest, affiliates, officers, lessees, operators, retailers, franchisees, dealers, distributors, members, directors, employees, partners, shareholders, agents, consultants, attorneys and insurers, past, present and future (collectively, the "BENNETT RELEASED PARTIES"), for and from any and all claims, causes of action, expenses, liabilities, demands, obligations, indemnities, liens, contribution or subrogation rights, damages, loss of income, loss of property use, diminution in property value, assessments, fines, penalties, emotional distress, exemplary damages, judgments, wrongful death, bodily injury, personal injury, property damage, debts, interest, attorneys' fees, expert witness fees, consultants' fees, costs, investigations, or equitable relief, whether past, present or future, known or unknown, (collectively, "CLAIMS"), arising out of or in any way related to unpermitted uses of the property described in this Agreement, which include truck, equipment, and material storage by business tenants on the PROPERTY (collectively, the "RELEASED MATTERS"). Nothing herein shall be construed as a waiver of the City's rights to enforce any violation of any law, municipal code, municipal regulation or policy, on the Bennett Property that is not expressly identified in this Agreement as the "RELEASED MATTERS." (b) Subject to the performance of the provisions of this Agreement, and except for the enforcement of the obligations and undertakings set forth in this Agreement, the 2006 Settlement Agreement, the EXCHANGE AGREEMENT, the LICENSE AGREEMENT, and IPD Permit No. 2017-02, if approved, BENNETT, on behalf of itself and its subsidiary and affiliated corporations, and their predecessors and successors-in-interest, affiliates, officers, lessees, operators, retailers, franchisees, dealers, distributors, members, directors, employees, partners, shareholders, agents, consultants, attorneys and insurers, hereby forever release, discharge and covenant not to sue the CITY, its officers, administrators, employees, agents, consultants, representatives, insurers, attorneys and assigns, past, present and future (collectively, the "CITY RELEASED PARTIES"), for and from any and all claims, causes of action, expenses, liabilities, demands, obligations, indemnities, liens, contribution or subrogation rights, damages, loss of income, loss of property use, diminution in property value, assessments, fines, penalties, emotional distress, exemplary damages, judgments, wrongful death, bodily injury, personal injury, property damage, debts, interest, attorneys' fees, expert witness fees, consultants' fees, costs, investigations, or equitable relief, whether past, present or future, known or unknown, (collectively, "CLAIMS"), arising out of or in any way related to unpermitted uses of the property described in this Agreement, which include Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 4 of 10 13 truck, equipment, and material storage by business tenants on the PROPERTY (collectively, the "RELEASED MATTERS"). (c) In connection with the RELEASED MATTERS, each Party specifically waives any benefit of the provisions of Section 1542 of the California Civil Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." (d) Each Party (and each of them) hereby knowingly and voluntarily waives any right that he/she/it may have under Section 1542 of the California Civil Code or any similar provision of the statutory or non-statutory law of any other jurisdiction, to the full extent that he/she/it may lawfully waive all such rights and benefits pertaining to the RELEASED MATTERS. In connection with such waiver and relinquishment, each Party acknowledges that he/she/it is aware that said Parties or their attorneys, consultants, or accountants may hereafter discover claims, facts, damages or injuries in addition to or different from those which they now know or believe to exist with respect to the subject matter of this Agreement or the other Parties hereto, and that it is his/her/its intention hereby fully, finally and forever to settle and release all of the RELEASED MATTERS, whether known or unknown, suspected or unsuspected, which now exist, may exist in the future, or heretofore have existed between any of the Parties hereto with respect to the RELEASED MATTERS. (e) It is the intention of the Parties in executing this Agreement and in giving and receiving the consideration called for by this Agreement that this Agreement shall be effective as a full and final accord and satisfaction of and from all RELEASED MATTERS. 6. Applicability of EXCHANGE AGREEMENT Unless expressly and directly provided otherwise in this Agreement, all terms of the EXCHANGE AGREEMENT , shall continue to apply and remain in full force and effect. Because the LICENSE AGREEMENT is recorded, no provision of this Agreement shall supersede or override the provisions of the LICENSE AGREEMENT. 7. Notices All notices, demands and other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be delivered personally, by overnight courier, or sent by registered or certified mail to the undersigned Parties as follows: Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 5 of 10 14 CITY: City of Moorpark Attention: City Manager 799 Moorpark Avenue Moorpark, CA 93021 COPY TO: Richards, Watson & Gershon Attention: Kevin Ennis, City Attorney 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 BENNETT: The Bennett Partnership Attention: Michael R. Bennett, Partner, and Laurie Bennett, Partner 2419 Palma Drive Ventura, California 93003 8. No Admission of Liability or Waiver The Parties hereto expressly recognize that the terms and conditions of this Agreement constitute a compromise and settlement of disputed claims and an accord and satisfaction of contested matters. This Agreement shall not be construed in any manner as an admission by any Party hereto of any liability of any kind to the other Party, nor shall be it considered or interpreted as an assumption of any liability by either Party. This Agreement shall be admissible for the sole purpose of enforcing the terms hereof. 9. Waiver, Modification and Amendment This Agreement may not be changed, modified or amended except by a written instrument signed by all Parties hereto, specifying that it amends this Agreement. No provision of this Agreement may be waived unless in writing signed by all Parties hereto. Waiver of any one provision shall not be deemed to be a waiver of any other provision herein. 10. Parties in Interest Except as specifically set forth herein, nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the Parties to it, nor shall any provision give any third person any right of subrogation or other action over or against any Party to this Agreement. 11. Interpretation This Agreement shall be construed without regard to the Party or Parties responsible for the preparation of the same and shall be deemed to have been prepared jointly by the Parties hereto. If any ambiguity or uncertainty exists Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 6 of 10 15 herein, such ambiguity or uncertainty shall not be interpreted against any Party hereto, but rather, shall be interpreted according to the application of other rules of contract interpretation. 12. Governing Law And Venue This Agreement is to be construed simply and fairly and not strictly for or against any of the Parties and shall be governed by the laws of the State of California without giving effect to conflicts of laws thereof. The state courts in Ventura County and the federal courts in Los Angeles, California shall have exclusive jurisdiction over any lawsuits arising out of or relating to this Settlement Agreement and Release. Each party hereto submits to the jurisdiction of those courts and venue therein. 13. Indemnification Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees, attorneys, consultants and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement, or any provision thereof, or any other subsequent entitlements for the property and including any related environmental approval. This provision shall survive the termination, expiration or invalidation of the provisions of this Agreement. 14. Execution Knowing and Voluntary The Parties hereby acknowledge, represent and warrant that they (a) have fully and carefully read this Agreement prior to execution; (b) have had the opportunity to be fully apprised by independent legal counsel of their choice of the legal effect and meaning of this document and all terms and conditions hereof; (c) have had the opportunity to make whatever investigation or inquiry they deem necessary in connection with the subject matter of this Agreement; (d) have been afforded the opportunity to negotiate as to any and all terms hereof; and (e) are executing this Agreement as free and voluntary acts, without any duress, menace, pressure, or undue influence of any kind or nature whatsoever. 15. Representations Re: Execution and Authority Each person executing this Agreement expressly represents that such person is duly authorized to execute this Agreement on behalf of the entity he or she purports to represent, and each such entity expressly waives any defense it now has, or in the future may have, with respect to the valid and binding execution of this Agreement by an authorized representative. The Parties expressly represent and warrant that each Party has full power, authority and capacity to release the CLAIMS and RELEASED MATTERS that are the subject of this Agreement and has not previously transferred, assigned or encumbered any CLAIMS or RELEASED MATTERS to any other person or entity. Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 7 of 10 16 16. Entire Agreement Except with respect to the EXCHANGE AGREEMENT, the LICENSE AGREEMENT and the terms of the recorded Grant Deeds and Temporary Construction Easements between the parties, this Agreement contains the sole and entire agreement and understanding between the Parties with respect to the entire subject matter hereof, and any and all prior discussions, negotiations, commitments and understandings related hereto are hereby merged herein. No representations, oral or otherwise, express or implied, other than those contained in the EXCHANGE AGREEMENT, the LICENSE AGREEMENT, the terms of the recorded Grant Deeds and Temporary Construction Easements, and this Agreement between the parties, have been made by any Party hereto. No other agreements not specifically referred to herein, oral or otherwise, shall be deemed to exist or bind any of the Parties hereto. 17. Attorneys' Fees If any action, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees from the other party. These fees, which may be set by the court in the same action or in a separate action brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled. This provision applies to the entire Agreement. 18. Execution This Agreement may be executed in one or more counterparts, each of which shall be considered an original, but all of which together shall be deemed to constitute a single agreement, notwithstanding that the signatures of the Parties do not appear on the same page. Signatures by facsimile shall be binding, but the Parties shall promptly exchange original signatures on this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date set forth below. [Signatures on Next Page] Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 8 of 10 17 • r Dated: /S—/ Dated: 3. 7- A 0/2r THE BENNETT PARTNERSHIP, CITY OF MOORPARK, a general partnership a municipal corporation \0' By: By: Michael R. Bennett, Partner Troy : •wn ity Manager g1/4/1 ATTEST: By i Cha i - J. Benrfett artner By: Maureen Benson, City Clerk B . ' 4 Atir* Laurie D. Bennett, Pa 'ner m OA. 0.4 A v 41111.- 4-tt- " )-7 4Tcs S even J. -nnett, Partner 70111 /UG/7--R/A� C�lZ /�/C /5)?7#C,K?-,0 Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 9 of 10 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 .�<_a<_- .w�<�<.w<.a<��c�<_a�<_at.wtwtci•:w<_ai. <.a<.c><�<�<��<�:G-i'<.w<�<�<�<�<�<�<�t <�<K:�: <.a<�<�<�<�t_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California' County of �/tic/>7///'/1- On G',34O.67..AD before me, Date Here Insert Name and Title of the Officer personally appeared /h/ch/cL4-t A. /J /v6/7-/. 64142/ZZ, 5 7/3E/vh',/7 tfrc.ie Name(s)of Signer(s) - /3 /tre7 57e/Li T3 ,1//ve7t who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +s/are subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in his/bar/their authorized capacity(ies), and that by ger/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L•> SUSANEHOWLAND WITNESS my hand and official seal. =� f NotaryPublic-California Ventura County Commission#2188929 My Comm.Expires Mar 30,2021 J Signature < th,4/7 ' •L b%"/� Signature of Notaty Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: //16i72c/ Document Date: `3/-//,5- Number of PagesvOT / Signer( Other Than Named Above: �/T,E_/I/elr:Sf/i Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer - Title(s): E Corporate Officer - Title(s): V artner - ❑ Limited General ❑Partner - ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in I=ac ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian-o-r Conservator ❑Other: ❑ Other: Signer Is Representing: 3c v c�.'-7/ f c-' Signer Is Repress ing: ©2014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 19 • • 3 Exhibit A Items Required to be Completed by BENNETT in Association With This Agreement 1. By March 5, 2018, pay $120,000 in cash or cashier's check Deposit Payment to City. 2. By March 5, 2018, submit TUP Application to City for Temporary Occupancy of PROPERTY by Fence Factory for Sales and Equipment Rentals. Comply with all Conditions of TUP upon issuance. 3. By March 5, 2018, all taxable sales occurring on the PROPERTY shall be reported to the State as occurring in Moorpark and proof shall be provided to the Community Development Director. 4. By April 30, 2018, remove all tenants, all stored items, all unclaimed items, all equipment, all materials, all stored or parked vehicles, operating or not, and all vehicle parts from PROPERTY that are not a part of the IPD Permit Application and abate any other code compliance violations on the site. In case tenant violates notification to vacate and court action is needed, tenant must be off PROPERTY no later than October 22, 2018. 5. Maintain Business Registrations with City for all uses on site. 6. BENNETT, FENCE FACTORY and any other entity on the PROPERTY shall terminate all uses, vehicle and material storage within thirty (30) days of decision on IPD Permit No. 2017-02 if IPD Permit denied. 7. Complete all conditions of approval, including completion of all on-site and off- site improvements associated with IPD Permit by April 30, 2019. 8. Comply with any other terms of the May 8, 2015 EXCHANGE AGREEMENT, the LICENSE AGREEMENT and the terms of the recorded Grant Deeds and temporary construction easements between the parties, not modified by this Agreement. 9. All buildings on the site shall comply with applicable local and California Building Codes prior to occupancy. Moorpark-Bennett Mutual Release and Pre-Litigation Settlement Agreement Page 10 of 10 20 1 ti .n .-, N .:„.7.,y, tiQ f L t9 (( Cl fNV (r{2i v I { N �M ti t5 �JE3(a0 o OD 6 -, LI M a, -- o Q Z O 5 U a) o Ccu a. r- ro > w' O o O 4 N o c r c] N N 92 L1 ft 72 o.c C o3 O o +r a U y N iii J d I a CD ..-'es) Co LE v � c '-Co of m- 0"r -VN =O 11. } a. 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PC-2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF 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 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 reached a decision on this matter; 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. 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission, 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 Guidelines. The proposed use 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. No further environmental documentation is needed. PC ATTACHMENT 5 28 Resolution No. PC-2018- Page 2 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 Planning Commission 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 Planning Commission 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. 29 Resolution No. PC-2018- Page 3 E. The proposed outdoor storage use would not be detrimental to the public interest, health, safety, convenience, or welfare. SECTION 4. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of IPD Permit No. 2017-02 and CUP No. 2017-02 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 25th day of September, 2018. Bruce Hamous, Chair David A. Bobardt, Community Development Director Exhibit A — Special and Standard Conditions of Approval 30 Resolution No. PC-2018- Page 4 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 employees concerning the permit, which claim, action or proceeding is brought 31 Resolution No. PC-2018- Page 5 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 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 17.44.080.6 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. 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 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 32 Resolution No. PC-2018- Page 6 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. 16. The number of parking spaces shall be maintained consistent with Chapter 17.32 of the Zoning Ordinance. 33 Resolution No. PC-2018- Page 7 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 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. 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 to 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. 34 Resolution No. PC-2018- Page 8 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. -End- 35