HomeMy WebLinkAboutAGENDA REPORT 2019 0827 REG PC ITEM 08BCITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of August 27, 2019
ACTION:
Approved Staff Recommendation, With
Changes as Proposed by the
Commission, Including Adoption of
Resolution No. PC -2019-643.
BY: J. Figueroa
Item: 8.B.
B. Consider a Resolution Approving a Modification to Conditional Use Permit No.
2018-03 to Allow Outdoor Storage of Equipment and Vehicles on Two Lots in
Conjunction with an Existing Business (Trench Shoring Company) Located at
13826 Princeton Avenue and 13836 Princeton Avenue and Making a
Determination of Exemption Under CEQA in Connection Therewith, on the
Application of Roger Egge, on Behalf of the Malloy Family Partners, LP. Staff
Recommendation: 1) Open the public hearing, accept public testimony and close
the public hearing; and 2) Adopt Resolution No. PC -2019-643 approving
Modification No. 1 to Conditional Use Permit No. 2018-03.
Item: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Joseph Fiss, Planning Manager
DATE: 8/27/2019 Regular Meeting
SUBJECT: Consider a Resolution Approving a Modification to Conditional Use
Permit No. 2018-03 to Allow Outdoor Storage of Equipment and
Vehicles on Two Lots in Conjunction with an Existing Business
(Trench Shoring Company) Located at 13826 Princeton Avenue and
13836 Princeton Avenue and Making a Determination of Exemption
Under CEQA in Connection Therewith, on the Application of Roger
Egge, on Behalf of the Malloy Family Partners, LP
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2019- approving Modification No. 1 to Conditional
Use Permit No. 2018-03.
BACKGROUND
On January 22, 2019 the Planning Commission adopted Resolution No. 2019-636
approving Conditional Use Permit (CUP) No. 2018-03, to allow outdoor storage of
equipment and vehicles on two lots in conjunction with an existing business (Trench
Shoring Company) located at 13826 Princeton Avenue and 13836 Princeton Avenue.
On June 24, 2019 the applicant submitted a request to modify several conditions of
approval related to storage, vehicle repair, and hours of operation (Attached).
DISCUSSION
Project Setting
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Honorable Planning Commission
MOD No. 1 to CUP No. 2018-03 Malloy Family Partners
08/27/2019 Regular Meeting
Page 2
Existing Site Conditions:
The project was approved, with conditions, on a combined 5.14 site located on two
parcels on the south side of Princeton Avenue east of Spring Road and west of Nogales
Avenue. Trench Shoring currently occupies the westerly 2.32 acre site and the adjacent
2.82 acres is unoccupied but improved with the remnants of the former Vulcan Materials
concrete batch plant consisting of two rusty elevated tanks attached to a belt conveyor
system and a metal building. The Trench Shoring site contains a 6,000 square foot
building with an attached covered dock as well as outdoor storage of construction
equipment and vehicles. Existing shrubs and trees are located on the perimeters of
both properties.
Previous Applications:
On January 22, 2019 the Planning Commission approved Conditional Use Permit (CUP)
No. 2018-03, to allow outdoor storage of equipment and vehicles on two lots in
conjunction with Trench Shoring Company, located at 13826 Princeton Avenue and
13836 Princeton Avenue. This approval has not been inaugurated as of this date.
On May 8, 1974, the Planning Director for the County of Ventura approved
Development Permit No. 114 for an industrial facility for the purpose of warehousing
and distribution of pipeline construction materials at 13826 Princeton Avenue.
On August 6, 1969, the County of Ventura Board of Zoning Adjustment approved
Conditional Use Permit No. 25 for construction of a concrete batch plant at 13836
Princeton Avenue. The concrete plant has been inactive for approximately 10 years;
however, the business registration for Vulcan Materials Company has been renewed
yearly.
Project Summary
Modification No. 1 to Conditional Use Permit No. 2018-03:
The applicant is requesting modification of several conditions of approval attached to
CUP 2018-03 which allowed outdoor storage of shoring equipment, including trench
boxes, trench tops, slide rails, beams and plates, "Z" shores, hydraulic shores, Modular
Aluminum Panel System (MAPS) aluminum shields and vehicles at both properties. The
existing Trench Shoring building will not be modified but the concrete batch plant belt
conveyor system and metal building will be removed. An existing restroom structure will
be maintained on the east side of the expanded site for employee use. The applicant's
modification request and staff's response is discussed in the analysis section below.
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Honorable Planning Commission
MOD No. 1 to CUP No. 2018-03 Malloy Family Partners
08/27/2019 Regular Meeting
Page 3
ANALYSIS
Issues for Consideration:
Staff analysis of the proposed project previously identified outdoor storage as the issue
for Planning Commission consideration.
The primary use of the property was approved for outdoor storage of shoring equipment
and trucks. As noted above, the Moorpark Municipal Code requires a CUP for outdoor
storage when located within 100 -feet of residentially zoned properties. Outdoor storage
is allowed in the M-1 zone when in conjunction with a city approved use and when all
storage is screened by an 8 -foot high masonry wall architecturally matched to the
structure.
The applicant received the original CUP agenda report and draft resolution on January
18, 2019 and the Planning Commission public hearing was held on January 22, 2019.
The appeal period concluded ten days later, on February 1, 2019. No appeal was filed
and therefore, a modification to the approved CUP is the only recourse for the applicant
to request a change to the conditions of approval.
The applicant is requesting modification to three conditions of approval (COA), as
follows:
COA No. 13:
Existing Language: "No equipment may be stored within 5 feet of any property line."
Applicant's Proposed (Modified) Language: "Equipment along the North, West, &
East Property Line shall not be stored higher than the 8' high block wall."
Staff Response: Section 17.36.050 (B)(5) of the Moorpark Municipal Code, "Standards
for industrial zones" states: "Accessory outside storage shall be confined to the area to
the rear of the principal building or the rear two-thirds of the property, whichever is the
more restrictive, and screened from view from any property line by appropriate walls,
fencing, earth mounds or landscaping."
Although the property is zoned M-1, the two sites were developed prior to City
incorporation. There historically has been outside storage and uses in the front of both
properties and it would be appropriate to consider this as a legal non -conforming
condition.
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Honorable Planning Commission
MOD No. 1 to CUP No. 2018-03 Malloy Family Partners
08/27/2019 Regular Meeting
Page 4
The existing principal building is approximately 15 feet from the Princeton Avenue
property line. On the west side of the building, the applicant has proposed parking
spaces, however on the east side of the building, the applicant has proposed outside
storage. Staff agrees it is appropriate to allow storage up to the property line on the
east, west, and south sides, however, storage on the north side should not be closer to
the property line than the principal building and Fire Department approval should be
required prior to storing the equipment. This condition is very close to the storage
layout proposed by the applicant in their original site plan (attached). Staff proposes
modifying COA No. 13 as follows:
"Equipment along the south, west and east property line may be stored up to the
property line, but shall not be stored higher than the 8 foot high block wall. No
equipment shall be stored closer than 15 feet of the north property line. Final storage
locations shall be subject to the review and approval of the Ventura County Fire
Department."
COA No. 17:
Existing Language: "General maintenance of vehicles and equipment on the site must
be done under the existing canopy and is limited to the hours between 7:00 a.m. and
6:00 p.m. Monday through Friday."
Applicant's Proposed (Modified) Language: "General Maintenance of the Vehicles
and equipment on site is limited to the hours between 7:00 a.m. and 6:00 p.m. Monday
through Saturday."
Staff Response: Due to the size of the trucks, it is not feasible to do all vehicle
maintenance under the existing canopy. On-site vehicle maintenance is typically not a
significant noise -producing activity and is differentiated from major vehicle repair.
Maintenance can include activities such as changing fluids and replacing a tire or
battery, whereas repair typically occurs in a facility and requires specialized tools and
equipment. The proposed modification is acceptable.
COA No. 18:
Existing Language: Trucks shall be loaded with material and equipment and staged
no later than 6:00 p.m. the night before delivery. Deliveries shall start no earlier than
5:30 a.m. Hours of operation shall be not earlier than 7:00 a.m. and no later than 6:00
p.m. from Monday to Friday and 8:00 a.m. to 6:00 p.m. on Saturday with no work on
Sunday. Loading for Monday Morning must occur on Saturday. The Community
Development Director may further restrict hours of operation upon written notice to the
applicant.
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Honorable Planning Commission
MOD No. 1 to CUP No. 2018-03 Malloy Family Partners
08/27/2019 Regular Meeting
Page 5
Applicant's Proposed Modified Language: We [the applicant] request that this
paragraph be deleted. This language was not part of the original Agenda Report
prepared by City Staff.
Applicant's Explanation: Trucks need to leave as early as 4:30 a.m. and sometime
comeback late at night. Trucks that return to the yard late at night may need to be
unloaded and loaded for the next day delivery. Trench Shoring does a good job of
keeping a large amount of inventory and that cuts down on the late night loads and
unloads of trucks but it will sometimes happen. So limitations to as to hours of when
trucks can come and go cannot be accepted. Limitations on when trucks can be loaded
cannot have a curfew or a late one such as 8:00 p.m. Of course there will be times
when there will be emergencies which require loading outside hours established.
Staff Response: This condition of approval was added by the Planning Commission
after listening to testimony from nearby residents. Because the condition was meant to
lessen impacts to concerned neighbors, staff recommends that the condition be
maintained as originally approved.
Other than the three conditions of approval under consideration through this
modification request, the findings and conditions of the project remain the same. The
conditions of approval of CUP 2018-03 have been reiterated in the draft resolution for
consistency and ease of reading.
Findings
The following draft findings are provided for Planning Commission consideration:
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 Industrial Park (M-1) 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;
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Honorable Planning Commission
MOD No. 1 to CUP No. 2018-03 Malloy Family Partners
08/27/2019 Regular Meeting
Page 6
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: July 24, 2019
Planning Commission Action Deadline: October 21, 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
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
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Honorable Planning Commission
MOD No. 1 to CUP No. 2018-03 Malloy Family Partners
08/27/2019 Regular Meeting
Page 7
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 August 16, 2019.
2. Mailing. The notice of the public hearing was mailed on August 18, 2019, 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 August 16,
2019.
ATTACHMENTS:
1. Location Map
2. Aerial Map
3. Site Plan
4. Draft PC Resolution with Conditions of Approval
23
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Replace Driveway Apron
for ADA Accessibility w/
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Replace Sidewalk & Planter
along Property Frontage
per City's Princeton Ave. plans
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Tree Species & Spacing to be
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solid Sliding
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Air Storage to Remain
Replace Driveway Apron
for ADA Accessibility w/
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New Sliding
Metal Gate
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stalls proposed
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parking stalls
to remain
Extent of Existing Paving to Remain
Existing Open
Air Storage to Remain
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C not to surpass height of new wall.
Existing Open
Air Storage to Remain
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4 - 9'x20' parking
stalls proposed
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parking stalls
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Roof over
washing station
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Extent of Existing Paving to Remain
Existing Open
VCTC Type Air Storage to Remain
/— Fence e Property Line
Railroad ROW
Tree species & spacing to be determined &
reviewed by Planning Department
Existing Facility I CProposed Expansion
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sliding metal gate
8' tall slumpstone wall
along property line
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9,570 s.f.
Extent of Existing
Pavement to Remain
TRENCH SHORING
PARKING
Existing Trench Shoring facility provides
16 parking spaces per existing City approvals.
Parking Required for proposed open air storage
1/1000 for open air storage
Proposed open air storage 17,400 s.f. =18 spaces
Parking provided on existing property
EXPANSION
13836 Princeton Avenue
Moorpark , California
PROJECT DATA
APN: 512-0-160-595
CLIENT:
Trench Shoring
13836 Princeton Avenue
Moorpark, California
(949)458-7378
Contact: Roger Egge
PROJECT DESCRIPTION
Zoning: M-1
The existing Trench Shoring facility has a Development
Permit granted by Ventura County in 1974, the proposed work
will replace the existing DP with a CUP that will include both
properties.
Industrial Development Permit (IDP) for both Trench Shoring
properties to be used for outdoor storage. The IDP will include
a screen wall and site improvements along the property
frontage on Princeton Avenue.
The existing Trench Shoring facility consists of a
6,000 s.f. building (1,500 s.f office/4,500 s.f. warehouse),
as well as open air storage for construction equipment.
Objects stored on property include the following;
Trench boxes, trench tops, slide rails, beams & plates,
"Z" shores, hydraulic shores, MAPS aluminum shields.
•
Existing Toilet
Building to Remain
----Open
Air Storage
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Open Air Storage
3,970 s.f.
New 8' tall solid
sliding metal gate
New 8' tall solid
sliding metal gate
VCT
Fence o Prope
Open
Ail/Storage
1,530 s.f. ,
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Drainage Channel
25' Easement
Extent of new Wall
Proposed Site Plan
Replace driveway apron for ADA accessibility
w/ standard city plate
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PC ATTACHMENT 3
Scale:1" = 40'
Proposed Street Elevation
Scale:1" = 40'
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they are not to be reproduced,
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DELTA/DATE ISSUED FOR
10/15/18 Initial Submittal
SHEET DATE
1/10/19
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Site Plan
26
Existing chainlink fence around
perimeter of property.
To be removed and replaced.
Existing Open
Air Storage
Extent of Existing Paving to Remain
x
10 existing
parking stalls
to remain
Existing Open
Air Storage to Remain
6 existing
parking stalls
to remain
Roof over
washing station
=___1/—
w/ clarifier
Existing Open
Air Storage to Remain
Extent of Existing Paving to Remain
Existing Open
Air Storage to Remain
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Existing block wall to
be removed by others
Existing Facility Proposed Expansion
Existing chainlink fence around
perimeter of property.
To be removed and replace
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Elevated conveyor
belt to be removed
by others
Extent of existing
pavement to remain
Equipment on
metal stand to be
removed by others
Drainage ditch
to remain
Existing block wall to be
removed by others
Elevated tanks
and structure to be
removed by others
Existing metal
building to be removed
by others
Existing block wall
to be removed by others
Railroad ROW
Existing Toilet
Building to Remain
Drainage Channel
25' Easement
Existing Site Plan
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this drawing(s) not for
construction without
architect's stamp and
original signature
DICECCO
ARCHITECTURE, INC.
reserves their common law
copyright in these documents.
they are not to be reproduced,
copied, changed, nor assigned
to a third party without the
written consent of
DICECCO
ARCHITECTURE, INC.
DELTA/DATE ISSUED FOR
10/15/18 Initial Submittal
SHEET DATE
1/10/19
JOB No.
#Pln
DRAWN
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SHEET No.
SHEET TITLE
Existing Site
27
RESOLUTION NO. PC -2019-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO.
2018-03 TO ALLOW OUTDOOR STORAGE OF EQUIPMENT AND
VEHICLES ON TWO LOTS IN CONJUNCTION WITH AN
EXISTING BUSINESS (TRENCH SHORING COMPANY)
LOCATED AT 13826 PRINCETON AVENUE AND 13836
PRINCETON AVENUE, AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON
THE APPLICATION OF ROGER EGGE, ON BEHALF OF MALLOY
FAMILY PARTNERS, LP
WHEREAS, on June 24, 2019, Roger Egge, on behalf of Malloy Family Partners,
LP, submitted an application for Modification No 1. to Conditional Use Permit (CUP) No.
2018-03 requesting to modify several conditions of approval related to storage, vehicle
repair, and hours of operation related to an approval of outdoor storage of equipment
and vehicles on two lots in conjunction with an existing business (Trench Shoring
Company) located at 13826 Princeton Avenue and 13836 Princeton Avenue; and
WHEREAS, at a duly noticed public hearing on August 27, 2019 for Modification
No. 1 to CUP No. 2018-03, 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 Modification
No. 1 to CUP No. 2018-03 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 and modification 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 outdoor storage is consistent with the General Plan and Zoning regulations.
In addition, there is no substantial evidence that the project will have a significant effect
PC ATTACHMENT 4
28
Resolution No. PC -2019 -
Page 2
on the environment in that the site has already been graded. No further environmental
documentation is needed.
SECTION 2. 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 Industrial Park (M-1) 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.
E. The proposed outdoor storage use would not be detrimental to the public
interest, health, safety, convenience, or welfare.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning
Commission herby approves Modification No. 1 to Conditional Use Permit No. 2018-03
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.
29
Resolution No. PC -2019 -
Page 3
SECTION 4. 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 27th day of August, 2019.
Debra Aquino
Chair
Karen Vaughn, AICP
Community Development Director
Exhibit A — Special and Standard Conditions of Approval
30
Resolution No. PC -2019 -
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2018-03
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. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
4. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided by the California Code of Civil Procedure Section
1094.6 and Government Code Section 65009. The City will promptly notify the
applicant of any such claim, action or proceeding, and if the City should fail to do
so or should fail to cooperate fully in the defense, the applicant shall not
thereafter be responsible to defend, indemnify and hold harmless the City or its
agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding, if both of the following occur:
i. The City bears its own attorney fees and costs; and
ii. The City defends the claim, action or proceeding in good faith.
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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.
5. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2018-03, 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.
7 Conditional Use Permit No. 2018-03 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.
8. Conditional Use Permit No. 2018-03 is granted or approved with the City's
designated approving body retaining and reserving the right and jurisdiction to
review and to modify the permit—including the conditions of approval—based on
changed circumstances. Changed circumstances include, but are not limited to,
major modification of the business; a change in scope, emphasis, size, or nature
of the business; the expansion, alteration, reconfiguration, or change of use; or
the fact that the use is negatively impacting surrounding uses by virtue of impacts
not identified at the time of application for the conditional use permit or impacts
that are much greater than anticipated or disclosed at the time of application for
the conditional use permit. The reservation of right to review any permit granted
or approved under this chapter by the City's designated approving body is in
addition to, and not in lieu of, the right of the City, its Planning Commission, City
Council and designated approving body to review and revoke or modify any
permit granted or approved under this chapter for any violations of the conditions
imposed on such permit.
9. Prior to issuance of Building Permits, the applicant must submit lighting, wall and
fence, and landscaping plans for review and approval by the Community
Development Director, Parks and Recreation Director, and Police Chief
demonstrating 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.
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10. None of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Standards and Guidelines shall be used on the development site.
11. Prior to the issuance of a Zoning Clearance for Building Permit, the applicant
shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction
of the City Engineer/Public Works Director.
12. 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.
13. Equipment along the south, west and east property line may be stored up to the
property line, but shall not be stored higher than the 8 foot high block wall. No
equipment shall be stored closer than 15 feet of the north property line. Final
storage locations shall be subject to the review and approval of the Ventura
County Fire Department."
14. An anti -graffiti coating is required on the front of the wall and gate facing
Princeton Avenue and west side of the property prior to Community Development
approval of final occupancy. Prior to installation of the coating, applicant shall
submit specifications of the anti -graffiti coating for the review and approval of the
Community Development Director.
15. The number of parking spaces shall be maintained consistent with Chapter 17.32
of the Zoning Ordinance.
16. Prior to the issuance of the Zoning Clearance for occupancy, A lot line
adjustment or parcel map merging 13826 Princeton Avenue and 13836 Princeton
Avenue must be completed and recorded.
17. General Maintenance of the Vehicles and equipment on site is limited to the
hours between 7:00 a.m. and 6:00 p.m. Monday through Saturday.
18. Trucks shall be loaded with material and equipment and staged no later than
6:00 p.m. the night before delivery. Deliveries shall start no earlier than 5:30 a.m.
Hours of operation shall be no earlier than 7:00 a.m. and no later than 6:00 p.m.
from Monday to Friday and 8:00 a.m. to 6:00 p.m. on Saturday with no work on
Sunday. Loading for Monday morning must occur on Saturday. The Community
Development Director may further restrict hours of operation upon written notice
to the applicant.
19. There shall be no major repair of vehicles or trucks on site.
20. 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
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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.
21. 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.
22. Storage of all equipment, including trench boxes, trench tops, slide rails, beams
and plates, "Z" shores, hydraulic shores, Modular Aluminum Panel System
(MAPS) aluminum shields and vehicles must take place in areas not visible from
the adjacent Princeton Avenue public right-of-way and west side of property.
23. 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.
24. 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.
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. Obtain coverage under the California Industrial General Permit 2014-0057-DWQ
(Permit), or provide documentation supporting Permit coverage will not be
required.
27. Prior to occupancy, the applicant must provide street improvements along the
frontage of the property, including curb, gutter, driveway apron, and sidewalk, per
Standard Plans for Public Works Construction. All improvements shall be subject
to the satisfaction of the City Engineer/Public Works Director.
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28. Prior to occupancy, the applicant must provide street surface repairs to Princeton
Avenue along the frontage of the property to the satisfaction of the City
Engineer/Public Works Director. Street surface repairs may range from pothole
repairs to 2" grind and overlay to the Princeton Avenue street centerline.
29. Project shall comply with all applicable State and local storm water requirements.
This includes any applicable General Permit conditions and requirements, and
post -construction storm water improvements.
-End-
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