HomeMy WebLinkAboutRES PC 2020 650 2020 0602 RESOLUTION NO. 2020-650
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF INDUSTRIAL PLANNED
DEVELOPMENT PERMIT NO. 2019-01 AND CONDITIONAL USE
PERMIT NO. 2020-02 FOR THE DEVELOPMENT OF A 48,787
SQUARE-FOOT, SINGLE-STORY INDUSTRIAL BUILDING AND
ASSOCIATED SITE IMPROVEMENTS ON AN UNDEVELOPED
3.46-ACRE SITE AT 5850 CONDOR DRIVE, AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH, ON THE APPLICATION OF PAUL
MINOO (4M INVESTMENT CORPORATION)
WHEREAS, on November 13, 2019, an application was filed for Industrial
Planned Development (IPD) Permit No. 2019-01 and Conditional Use Permit (CUP) No.
2020-02 for the development of a 48,787 square-foot, single-story industrial building
and associated site improvement on an undeveloped 3.46-acre site at 5850 Condor
Drive; and
WHEREAS, at a duly noticed public hearing on June 2, 2020, the Planning
Commission considered the agenda report and any supplements thereto and written
public comments; opened the public hearing and too and considered public testimony
both for and against the proposal; and reached a decision on this matter; and
WHEREAS, the Community Development Department has determined that IPD
No. 2019-01 and CUP No. 2020-02 is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32: In-
Fill Development Projects) of the CEQA Guidelines.
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 requirements of CEQA pursuant to Section 15332 (Class 32: In-Fill
Development Projects) of the CEQA Guidelines. The proposed building and is
consistent with the General Plan and Zoning regulations. In addition, there is no
substantial evidence that the project will have a significant effect on the environment in
that the site will be improved with associated site improvements. No further
environmental documentation is needed.
SECTION 2. INDUSTRIAL PLANNED DEVELOPMENT 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 17.44.040:
Resolution No. 2020-650
Page 2
1. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the goals
and policies of the City's General Plan and Zoning Ordinance, as described in
the staff report an attachments thereto in that the building design features a
contemporary industrial architecture that includes concrete tilt-up panels with
rectangular tinted clerestory windows and roll-up truck doors. The scale of the
building is compatible with the surrounding business campus directly adjacent to
the project site.
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 building height
of 41-feet and 6-inches is generally consistent with the height of the existing
industrial buildings in the vicinity. In addition, the building is below the grade level
of the adjacent lot.
3. The proposed use is compatible with existing and permitted uses in the
surrounding area in that suitable uses, such as, light industrial services, technical
research and business office would be permitted under the Industrial Park (M-1)
Zoning designation.
SECTION 3. CONDITIONAL USE 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 17.44.040:
1. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and other applicable regulations; in that Table 17.24.031 of the City
Code allows a maximum building height of 60-feet within the Industrial Park (M-1)
zone with an approved CUP.
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that the proposed building height of 41-feet and 6-inches is
common in the existing business campus.
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that the proposed building height is appropriate for the
architecture of the building and consistent with the adjacent industrial buildings.
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the proposed building is below the grade
level from the adjacent lot; therefore, the visual impact of the proposed building is
minor and would not present any impacts on adjoining uses.
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5. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that the project is substantially consistent with
existing industrial development in the vicinity, includes sufficient loading and on-
site parking facilities, and will be designed to comply with all applicable codes
and regulations.
SECTION 4. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of IPD No. 2019-01 and CUP
No. 2020-02 subject to the Standard and Special Conditions of Approval found in
Exhibit A attached.
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: Commissioners Aquino, Hamous, Landis, and Chair Haverstock
NOES: None
ABSTAIN: None
ABSENT: Commissioner Di Cecco
PASSED, AND ADOPTED this 2nd day of June, 2020.
Adam Haverstock
Chair
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Kare Vaughn, AICP /
Community Development Di r
Exhibit A— Conditions of Approval
Resolution No. 2020-650
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EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2019-01
AND CONDITIONAL USE PERMIT NO. 2020-02
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. Industrial Planned Development No. 2019-01 and Conditional Use Permit No.
2020-02 expire 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
Resolution No. 2020-650
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employees concerning the permit, which claim, action or proceeding is brought
within the time period provided by the California Code of Civil Procedure Section
1094.6 and Government Code Section 65009. The City will promptly notify the
applicant of any such claim, action or proceeding, and if the City should fail to do
so or should fail to cooperate fully in the defense, the applicant shall not
thereafter be responsible to defend, indemnify and hold harmless the City or its
agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding, if both of the following occur:
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. 2019-01
and Conditional Use Permit No. 2020-02, 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. 2019-01 and Conditional Use Permit No.
2020-02 are 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
Resolution No. 2020-650
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approved under this chapter for any violations of the conditions imposed on such
permit.
9. Prior to issuance of a building permit, the applicant shall submit a lighting and
landscaping plan for review and approval by the Community Development
Director, Parks and Recreation Director, and Police Chief that demonstrates
compliance with the City's Zoning Ordinance, Landscape Standards and
Guidelines, and Water Efficient Landscape Ordinance, and provides a safe and
secure environment for the building occupants.
10. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
submit a Developer Waste Reduction and Recycling Plan to the satisfaction of
the Administrative Services Manager.
11. 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.
12. Prior to the issuance of a building permit, the applicant shall provide a sample of
the glass to be used, along with the manufacturer's specifications for exterior
reflectance, for review and approval by the Community Development Director.
13. Prior to the issuance of a building permit, a Lot Merger application for Assessor
Parcel Nos.: 513-0-060-175, 513-0-060-185, and 513-0-060-315 must be
completed and recorded.
14. 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.
15. A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director.
16. Prior to issuance of a building permit, the applicant shall submit all fees,
including, but not limited to Los Angeles Avenue Area of Contribution Fee, Air
Quality Fee, Tree and Landscape Fee, Fire Protection Facilities Fee, Police
Facilities Fee, and Library Facilities Fee. All entitlement processing fees must be
paid in full prior to the issuance of a building permit.
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17. Prior to issuance of a building permit, applicant shall either submit an in-lieu art
fee or indicate a location for on-site public art in compliance with Chapter 17.50
of the Zoning Ordinance. If on-site public art is approved, it must be installed and
completed prior to issuance of a Certificate of Occupancy.
Engineering / Public Works
18. Prior to issuance of a grading permit, provide street improvement plans, including
all profiles, for Princeton Avenue and Condor Drive. Street improvement plans
shall include all improvements within the existing and proposed right-of-way (curb
and gutter, sidewalk, parkways, driveways, etc.).
19. Provide site improvement plans, including grading and drainage, site utilities,
storm drainage infrastructure, sewer, domestic water, irrigation water, fire water,
etc.
20. Provide a Hydrology and Hydraulic Report, prepared by a State of California
Licensed Civil Engineer. Peak storm water runoff mitigation shall comply with
Ventura County Design Hydrology Manual and no developed peak condition shall
exceed the 10-year developed condition.
21. Provide a revised Storm Water Quality Report, prepared by a State of California
Licensed Civil Engineer. Report formatting shall follow the County's Technical
Guidance Manual for Storm Water Quality Measures.
22. All proposed storm water quality BMPs shall comply with the most current MS4
permit.
23. Provide Storm Water Quality Operations and Maintenance Manual and
Covenant.
24. Provide street dedication and/or easement documents for consideration to the
satisfaction of the PW Director/City Engineer.
25. Provide water and sewer improvement plans for reference.
26. Applicant shall install "full-capture" trash excluders approved by the California
State Water Resources Control Board for compliance with the State's Trash
Policy (State Water Resources Control Board Resolution No. 2015-0019) in all
storm drains. Flow capacity calculations showing compliance with the 1-year, 1-
hour minimum flow design criteria and applicable bypass sizing shall be identified
on Plans and submitted to City Engineer for review and approval prior to
installation. An ongoing Operations and Maintenance Plan shall also be
submitted to the City Engineer for review.
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27. Project will provide street and frontage improvements along Princeton Avenue.
Such frontage improvements include replacing an existing transit/bus shelter with
a new one, to the satisfaction of the City Transit Manager. Additionally, the street
improvements along Princeton Avenue shall include a bus turnout for the new
transit/bus shelter, per Ventura County Road Standards.
Ventura County Fire Protection District
28. Access Road Width, Private Roads/Driveways - Private roads shall comply
with Public Road Standards.
29. Construction Access - Prior to combustible construction, a paved all-weather
access road / driveway suitable for use by a 20 ton Fire District vehicle shall be
installed at locations approved by the Fire District.
30. Construction Access Utilities - Prior to combustible construction, all utilities
located within the access road and the first lift of the access road pavement shall
be installed. A minimum 20 foot clear width shall remain free of obstruction
during any construction activities within the development once combustible
construction starts.
31. Access Road Location - The access / driveway shall be extended to within 150
feet of all portions of the exterior walls of the first story of any building and shall
be in accordance with Fire District access standards. Where the access roadway
cannot be provided, approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
32. Fire Lanes - Prior to construction the applicant shall submit two (2) site plans to
the Fire District for approval of the location of fire lanes. Prior to occupancy, all
fire lanes shall be posted "NO PARKING-FIRE LANE-TOW AWAY" in
accordance with California Vehicle Code, the International Fire Code and current
VCFPD Fire Lane Standards. All signs and or Fire Lane markings shall be within
recorded access easements.
33. Fire Hydrant Installation - Prior to combustible construction on any parcel, a fire
hydrant capable of providing the required fire flow and duration shall be installed
and in service along the access road / driveway at a location approved by the
Fire District, but no further than 250 feet from the building site. The owner of the
combustible construction is responsible for the cost of this installation.
34. Fire Department Clearance - Applicant shall obtain VCFD Form #126
"Requirements for Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
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Ventura County Air Pollution Control District
35. The Permittee shall comply with the provisions of all applicable California State
Laws and APCD Rules and Regulations regarding portable construction
equipment and construction vehicles.
36. The Permittee shall comply with the provisions of applicable VCAPCD Rules and
Regulations, which include but are not limited to, Rule 50 (Opacity), Rule 51
(Nuisance), and Rule 55 (Fugitive Dust).
37. Operations shall be operated in accordance with the Rules and Regulations of
the Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance.
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