HomeMy WebLinkAboutAGENDA REPORT 1991 0624 CC ADJ ITEM 11H11)(Yx //1 /�'
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799 Moorpark Avenue Moorpark, California 93021
By
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: June 11, 1991 (CC meeting of June 19, 1991)
SUBJECT: IPD 90-1, CUP 90-1 AND LDM 90-4 (MARTIN V. SMITH AND
ASSOCIATES)
Background
These projects were heard before the City Council on May 15, 1991.
At the meeting of May 15, 1991, the City Council directed staff to
bring back the appropriate documentation and resolutions of
approval for the entitlement projects only, as amended by Council
action.
Discussion
On May 15, 1991, the Council determined the following changes to
conditions of approval for these projects which have been
incorporated within the attached conditions of approval. They are
as follows:
1. Add to the conditions of approval that if a fixed bar is
requested, it would require a modification to the
Conditional Use Permit (IPD/CUP condition No. 103).
2. Added language made with regard to condition No. 27 of
the LDM requested by the applicant giving -the applicant
or their successors the right to protest the amount of an
assessment district fee, but not the formation of an
assessment district.
3. Include the conditions contained in the Planning
Commission Resolution PC-91-233 in the IPD.
4. That the monument/structure sign, including the sign that
may be placed at the rear of the building, shall. be
included as part of the sign program that must
subsequently be submitted to, and approved by the
Community Development Committee (IPD/CUP condition No.
9).
5.
The applicant shall be moved five (5) feet in order to
meet setback requirements (LDM condition No. 34).
1
PAUL W. LAWRASON JR
Mayor
BERNARDO M. PEREZ
SCOTT MONTGOMERY
ROY E. TALLEY JR.
JOHN E. WOZNIAK
Mayor Pro Tern
Councilmember
Councilmember
Councilmember
In addition,
have not ye
the writing
the following motions were passed by the Council which
t been resolved between the applicant and staff as of
of this report:
1. Direct the applicant to build the required storm drain,
including the lines on Spring Road and Flinn Avenue,
paying the full amount for construction; the applicant
and the City to enter into an agreement that as the
vacant land developed, those developments would be
conditioned to provide their pro-rata share of the cost
of the storm drain with this project's applicant being
reimbursed. There is to be no City participation in the
cost of the construction of the storm drain; no Area of
Contribution fees to be collected.
The applicant provided an engineering estimate for the off -site
storm drain improvements for the subject project to Willdan on June
11, 1991. However, the City Engineer has not yet completed their
review. It is conceivable that the City Engineer and the applicant
will have these two issues resolved by the June 19, 1991 Council
hearing.
On Friday, June 7, 1991, the applicant had a meeting with John
Knipe and subsequent to the meeting, wrote a letter to Willdan
which contained a signalization cost estimate from Taft Electric
for the Spring/Flinn/Second Street intersection. The estimate took
into consideration, the three way phasing characteristics of a
split intersection. As of the writing of this report, the City
Engineer has not yet completed the review of the signalization cost
estimate. This issue should also be resolved by the time of the
City Council meeting by the June 19, 1991 Council meeting.
Recommendation
Adopt the attached resolutions for IPD 90-1, CUP 90-1 and LDM 90-4
subject to Council changes.
Attachments
1. Resolution approving IPD 90-1 and CUP 90-1 with conditions
2. Resolution approving LDM 90-4 with conditions
MOOPPAW, C,
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2
RESOLUTION NO. CC-91-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING IPD-90-1
AND CUP-90-1 ON THE APPLICATION OF MARTIN V.
SMITH AND ASSOCIATES
Whereas, at a duly noticed public hearing on May 15,
1991, the City Council considered the application filed by Martin
V. Smith and Associates requesting approval of an Industrial
Planned Development Permit and Conditional Use Permit to construct
a 135 room hotel and a free-standing 5,100 square foot restaurant;
and a Variance to permit tower to encroach a maximum of 4-feet into
the rear yard setback, window features for the proposed restaurant
to encroach into setback a maximum of 4-feet, parking to encroach
into side yard setback, permit decorative hardscape paved delivery
access to be placed in the rear yard setback area, and permit
parking requirements for hotel and restaurant to be reduced;
Whereas, the City Council after review and consideration
of the information contained in the staff report, the Mitigated
Negative Declaration, the Mitigating Reporting and Monitoring
Program and testimony, and has found that the project will not have
a significant adverse effect on the environment, and has reached
its decision on this matter; and
Whereas, at its meeting of May 15, 1991, the City Council
opened the public hearing, took testimony from all those wishing to
testify, closed the public hearing.
Whereas, at the City Council meeting of May 15, 1991, the
applicant withdrew the application for Variance No. 90-2.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resources Code
of the State of California {beginning at Section 210001), the City
Council of the City of Moorpark has determined that the Mitigated
Negative Declaration and Mitigating Monitoring and Reporting
Program prepared for this project has been completed in compliance
with CEQA and State Guidelines. The City Council has received and
considered the information contained in the Mitigated Negative
Declaration prior to acting on the proposed project and has found
that this document is adequate and complete for the proposed
projects and approves the Mitigating Monitoring Program.
ATTACHMENT 1
SECTION 2. The City Council hereby adopts the findings
in the staff report dated May 1, 1991, and said report is
incorporated herein by reference as though fully set forth.
SECTION 3. The City Council does hereby find that the
aforementioned projects are consistent with the City's General
Plan.
SECTION 4. That the City Council hereby conditionally
approves (with recommended changes) Conditional Use Permit No. 90-1
and IPD-90-1 on the application of Martin V. Smith and Associates
subject to compliance with all of the attached conditions attached
hereto.
PASSES, APPROVED, AND ADOPTED THIS 19TH DAY OF JUNE, 1991.
Paul W. Lawrason, Jr.
City of Moorpark
ATTEST:
Lillian E. Kellerman
City Clerk
Attachment: Attachment - Conditions of Approval for Conditional
Use Permit No. 90-1 and Industrial Planned
Development Permit No. 90-1
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1. The permit is granted for the land and project as shown on the
submitted plot plans and elevations. The location and design
of all site improvements shall be as shown on the approved
plot plans and elevations except or unless indicated otherwise
herein.
2. The development is subject to all applicable regulations of
the M-1 Zone and all agencies of the State, Ventura County,
the City of Moorpark and any other governmental entities.
3. That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
one year after this permit is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one(1)
additional year extension for project inauguration if there
have been no changes in the adjacent areas and if applicant
can document that he has diligently worked towards
inauguration of the project during the initial one year
period.
4. All facilities and uses other than those specifically
requested in the application are prohibited unless a
modification application has been approved by the City of
Moorpark.
5. The design, maintenance, and operation of the permit area and
facilities thereon shall comply with all applicable
requirements and enactments of Federal, State, County, and
City authorities, and all such requirements and enactments
shall, by reference, become conditions of this permit.
6. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
1
INDUSTRIAL
CONDITIONAL
APPLICANT:
DATE:
PLANNED DEVELOPMENT PERMIT NO.
USE PERMIT NO.
MARTIN V. SMITH
90-1
90-1
AND ASSOCIATES
March 4, 1991
8. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and/or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
9. A sign permit is required for all on -site signs to be approved
by the Director of Community Development. No on -site building
sign shall be permitted unless the building is occupied by a
single user. No off -site signs are permitted. The proposed
monument signs shall be redesigned to have a maximum height of
five feet. All existing signs on the subject property shall
be removed prior to the issuance of any Zoning Clearance.
10. Prior to the submission of construction plan for plan check or
initiation of any construction activity, a zoning clearance
shall be obtained from the Community Development Department.
11. Prior to initial tenant occupancy and any subsequent change in
tenant occupancy, the owner of the subject building, or the
owner's representative shall apply for a Zoning Clearance from
the Community Development Department.
12. The Director of Community Development, or his designee, shall
have the authority to conditionally approve or deny a zoning
clearance request for tenant occupancy consistent with Article
45 of the Zoning Code. The cost of the zoning clearance shall
be borne by the applicant for tenant occupancy.
13. If in the future, any use or uses are contemplated on the site
differing from that specified in the zoning clearance approved
for the occupancy, either the permittee, owner, or each
prospective tenant shall file a project description prior to
the initiation of the use. A review by the Director of
Community Development will be conducted to determine if the
proposed use is compatible with the M-1 Zone and the terms and
conditions of this permit. Said review will be conducted at
no charge and an approval letter sent, unless a minor or major
modification to the Planned Development is required, in which
case all applicable fees and procedures shall apply.
2
INDUSTRIAL
CONDITIONAL
APPLICANT:
DATE:
PLANNED DEVELOPMENT PERMIT NO.
USE PERMIT NO.
MARTIN V. SMITH
90-1
90-1
AND ASSOCIATES
March 4, 1991
14. The permittee's acceptance of this permit and/or commencement
of construction and/ or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
15. This permit shall expire if the use for which it is granted is
discontinued for a period of 180 consecutive days or more as
determined by the City.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
16. Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by these
Conditions and present such statement to the Department of
Community Development.
17. The final construction working drawings shall be submitted to
the Director of Communitv Development for review.
18. Complete landscape plans (2-sets), together with
specifications and a maintenance program shall be prepared by
a State Licensed Landscape Architect, generally in accordance
with the Ventura Guide to Landscape Plans and in compliance
with the City of Moorpark Ordinance No. 74, and shall be
submitted to and approved by the Director of Community
Development. The final landscape plans shall be in
substantial conformance with the conceptual landscape plan
submitted with the application. The applicant shall bear the
total cost of the landscape plan review and final installation
inspection. The landscaping and planting plan submitted for
review and approval shall be accompanied by a deposit as
specified by the City of Moorpark. Additional funds may
subsequently need to be deposited to cover all landscape plan
check and inspection fees. All landscaping and planting shall
be accomplished and approved by the Director of Community
Development, or his designee, prior to the approval of
occupancy. The project landscape plans shall include the
following:
a. A 50 percent shade coverage shall be provided within all
parking areas. Shade coverage is described as the maximum
mid -day shaded area defined by a selected specimen tree
at 50 percent maturity.
3
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO.
CONDITIONAL USE PERMIT NO.
APPLICANT: MARTIN V.
DATE:
90-1
90-1
SMITH AND ASSOCIATES
March 4, 1991
b. Any turf plantings associated with this project shall be
drought tolerant, low water using variety.
C. Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
d. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six-inch
high concrete curbs.
e. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
f. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
g. Earthen berms shall be provided to screen views of parked
vehicles from access roads.
h. Landscaping shall be used to screen views of any backflow
preventers.
19. Roof design and construction shall include a minimum 18-inch
extension of the parapet wall above the highest point of the
roof.
20. All roof mounted equipment (vents, stacks, blowers, air
conditioning equipment, etc.) that may extend above any
parapet wall shall be enclosed on all four sides by view
obscuring material. Prior to the issuance of a zoning
clearance, the final design and materials for the roof screen
and location of any roof mounted equipment must be approved by
the Director of Community Development.
21. All trash disposal areas shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a six foot high wall
enclosure with metal gates.
The final design of the trash enclosure shall be subject to
the issuance of a zoning clearance. Trash areas and recycling
bins shall be depicted on the construction plans, the size of
4
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
which shall be approved by the Director of Community
Development and the City employee responsible for recycling
and solid waste management programs
22. Pullover parking (overhangs) shall be limited to 24 inch
maximum. No vehicles shall be allowed to encroach onto
walkways or into the required landscaped setbacks along
roadways.
23. A 45-foot turning radius shall be provided for loading zones
consistent with the AASHO WB-50 design vehicle. Prior to
issuance of a zoning clearance, the applicant shall provide a
site plan which identifies all loading truck turning
movements.
24. All property line walls shall be no further than one inch from
the property line.
25. The building shall be constructed using energy saving devices.
These shall include those devices required by the California
Administrative Code, Title 24.
26. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
reasonable use of adjoining properties; minimize on -site and
off -site glare; provide adequate on -site lighting; limit
electroliers height to avoid excessive illumination; and
provide structures which are compatible with the total design
of the proposed facility.
a. The lighting plan shall include the following:
b. A photometric plan showing a point -by -point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten ( 10 )
foot grid center.
C. Maximum overall height of fixtures shall be sixteen (16)
feet.
d. Fixtures must possess sharp cut-off qualities with a
maximum of one-half foot candle illumination at property
lines.
5
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
e . There shall be no more than a seven -to -one ( 7 : 1) ratio of
level of illumination shown (maximum -to -minimum ratio
between lighting standards).
f. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
g. Average maximum of one-half foot candle illumination.
h. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from Spring Road.
27. A utility room with common access to house all meters and the
roof access ladder shall be provided. No exterior access
ladder of any kind shall be permitted.
28. No downspouts shall be permitted on the exterior of the
building.
29. All exterior building materials and paint colors shall be
approved by the Director of Community Development to ensure
compatibility with adjacent development.
30. No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
31. All utilities are required to e underground to the nearest
off -site utility pole except through transmission lines.
Prior to the issuance of a zoning clearance, the applicant
shall submit a plan for review and approval to the Director of
Community Development which identifies how compliance with the
undergrounding requirement will be met.
32. If skylights are proposed, the specific type and model must be
approved by the Director of Community Development to ensure
that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
33. The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area to support
the City's current and future park system.
34. The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $10 per each 100 square
feet of building area.
0
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
35. Prior to issuance of a zoning clearance, the permittee shall
make a contribution to the Moorpark Traffic Systems Management
Fund of $ . 15 per square foot of floor area to fund Traffic
System Management programs.
36. To encourage employees to use alternative means of
transportation to reduce automobile trips, common area bicycle
storage facilities such as bicycle racks or lockers shall be
provided. Proposed bicycle storage areas and facilities for
the development shall be reviewed and approved by the Director
of Community Development prior to the issuance of a zoning
clearance.
37. All roof mounted equipment and other noise generation sources
on -site shall be attenuated to 55 dBA at the property line, or
to the ambient noise level at the property line measured at
the time of the occupant request. Prior to the issuance of a
Zone Clearance for initial occupancy or any subsequent
occupancy, the Director of Community Development may request
that a noise study be submitted for review and approval which
demonstrates that all on -site noise generation sources would
be mitigated to the required level. The noise study must be
prepared by a licensed acoustical engineer in accordance with
accepted engineering standards.
38. Prior to the issuance of a zoning clearance, a Surety
Performance Bond in the amount of $10,000 shall be filed and
accepted by the Director of Community Development. The
Director of Community Development, may, through a public
hearing to be heard before the City Council recommend that any
or all of the funds in the Performance Bond be forfeited for
noncompliance of the Conditions of Approval or for some other
just cause. This condition shall automatically be superseded
by a related resolution or ordinance regarding condition
compliance for entitlement approvals adopted by the City
Council.
39. The applicant, permittee, or successors in interest, shall
submit to the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review. The applicant shall pay all outstanding case
processing (planning and Engineering), and all City legal
service fees prior to issuance of a Zoning Clearance.
40. Prior to the issuance of a Zoning Clearance, the site plan
shall be revised to recess the loading zone for the hotel into
the hotel structure or other location on -site so as to not
7
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
create a traffic hazard problem on Minor Street. The revised
loading zone shall be approved by the Director of Community
Development.
41. The applicant shall deposit with the City of Moorpark
$8,430.47 to a Transportation System Management Fund (TSM) as
a mitigation measure to fully mitigate the significant impact
to air quality so as to fund TSM programs or clean -fuel
programs as determined by the City.
42. Within two days after approval of the project by the City
Council, the applicant shall deposit with the City $1,250 plus
a $25.00 filing fee made out to the County of Ventura for the
State required Notice of Determination filing fee in
accordance with Assembly Bill 3158.
43. Prior to the issuance of a Zoning Clearance, the applicant
shall remove all existing signs on the subject property.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
44. An "Unconditional Will Serve Letter" for water and sewer
service will be obtained from the Ventura County Waterworks
District No. 1.
45. The applicant shall pay all school assessment fees levied by
the Moorpark Unified School District.
46. If any archaeological or historical finds are uncovered during
excavation operations, the permittee shall assure the
preservation of the site; shall obtain the services of a
qualified archaeologist to recommend disposition of the site;
and shall obtain the Director of Community Development's
written concurrence of the recommended disposition before
resuming development.
PRIOR TO OCCUPANCY OF EITHER THE HOTEL OR RESTAURANT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
47. All parking areas shall be surfaced with asphalt or concrete
and shall include adequate provisions for drainage, striping
and appropriate wheel blocks, curbs, or posts in parking areas
adjacent to landscaped areas.
48. All landscaping and planting shall be installed and inspected.
N.
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
49. No use for which this permit is granted shall be commenced
until a Certificate of Occupancy has been issued by the
Building and Safety Division. In addition, no Certificate of
Occupancy may be issued until all on -site improvements
specified in this permit have been completed or the applicant
has provided a Faithful Performance Bond. Said on -site
improvements shall be completed within 120 days of issuance of
the Certificate of Occupancy for either the hotel or
restaurant facility. In case of failure to comply with any
term or provision of this agreement, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the Director
of Community Development, the surety may be exonerated by
action of the Director of Community Development.
50. At the time water service connection is made for each project,
cross connection control devices shall be installed for the
water system in accordance with the requirements of the
Ventura County Environmental Health Department.
51. No Certificate of Occupancy shall be granted prior to
acceptance or completion of landscaping or other sight
improvements such as perimeter walls, including stucco
treatment, landscaping, fences, slope planting or other
landscape improvements not related to grading; private
recreational facilities, etc. Said on -site improvements shall
be completed within 120 days of issuance of a Certificate of
Occupancy. In case of failure to comply with any term or
provision of this condition, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the City, the
City Council may reduce the amount of the bond; however, the
bond must be kept in full effect for one year after the last
occupancy to guarantee that items such as perimeter tract
walls (including stucco treatment), landscaping, fences, slope
planting or other landscape improvements not related to
grading, private recreational facilities, etc. are maintained.
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING
CONDITIONS SHALL BE APPLICABLE:
52. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the subject
building, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s),
lessee(s) or operator(s) together with a letter from any such
person(s) acknowledging and agreeing with all conditions of
V]
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
this permit.
53. Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses(s) are
compatible with the zoning and terms and conditions of the
permit.
54. Prior to occupancy by any tenant or subsequent owner whose
business would employ or dispose of hazardous materials, a
Major Modification approval shall be required.
55. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground
maintenance, as indicated by the Code Enforcement Officer
within thirty (5) days after notification.
56. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
57. No outside storage of any materials or overnight parking of
any delivery truck beyond the loading zone(s) shall be
permitted.
58. No noxious odors shall be generated from any use on the
subject site.
59. All uses and activities
buildings unless otherwise
Community Development.
CITY ENGINEER CONDITIONS
shall be conducted inside the
authorized by the Director of
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY:
60. That prior to any work being conducted within the State or
City right-of-way, the applicant shall obtain an Encroachment
Permit from the appropriate agency.
61. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City
Construction Observer shall be notified immediately. Work
10
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
shall not proceed until clearance has been issued by all of
these agencies. Contaminated or hazardous soil as defined by
Department of Health Services may not be used for on -site soil
fill or roadway subgrade unless the Department of Health
Services determines in writing that said material has been
treated to a level that is no longer considered a public
health risk or requires public disclosure by the Department of
Real Estate. Any contaminated or hazardous soil shall be
removed to an approved landfill.
62. Where roads requiring 4 or more inches of pavement are to be
built, the applicant shall construct the required street
section minus 1-inch of paving as an interim condition until
all utility cuts or trenching are completed. The final 1-inch
cap of asphalt shall be placed after all necessary trenching
is completed.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
63. If the land is in a special flood hazard area, the applicant
shall notify all potential buyers of this condition.
PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND
EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
64. Sufficient surety guaranteeing the public improvements shall
be provided. The surety shall remain in place for one year
following acceptance by the City Council.
65. Original "as -built" plans will be certified by the applicant's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22" X 36", they must be resubmitted as "As-Builts" in a
series of 22" X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "As -Built" plans are
required before a final inspection will be scheduled.
66. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
67. The applicant's engineer shall file for a time extension with
the City Engineer's office at least six weeks in advance of
expiration of the agreement to construct subdivision
improvements. The fees required will be in conformance with
the applicable ordinance section.
11
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
MOORPARK POLICE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A OCCUPANCY PERMIT, THE FOLLOWING
CONDITIONS SHALL BE MET:
68. Lighting devices shall be high enough so as to eliminate
anyone on the ground from tampering with them. All parking
areas shall be provided with a lighting system capable of
illuminating the parking surface with a minimum of one-half
foot candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior
lighting devices shall be protected by weather and breakage -
resistant covers.
69. Landscaping shall not cover any exterior door or window.
70. Landscaping at entrances/exits or at any intersection within
the parking lot shall not block or screen the view of a seated
driver from another moving vehicle or pedestrian.
71. Landscaping (trees) shall not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
72. All entrance/exit driveways shall be a minimum of 30 feet in
width.
73. All exterior doors shall be constructed of solid wood core, a
minimum of 1 and three quarters inches thick, or of metal
construction. Front glass doors commonly used for entry are
acceptable but should be visible to the street.
74. Doors utilizing a cylinder lock shall have a minimum five (5)
pintumbler operation with the locking bar or bolt extending
into the receiving guide a minimum of 1-inch deadbolt.
75. There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
76. If an alarm system is used, it shall be wired to all exterior
doors and windows and to any roof vents or other roof openings
where access may be made.
77. Address shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color. The numbers
shall be a minimum of 6 inches in height and illuminated
during the hours of darkness.
12
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
78. Front door entrances shall be visible from the street.
79. Peep holes and secondary locking devices shall be placed on
all room doors.
DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY:
80. A licensed security guard is recommended during the
construction phase, or a 6-foot high chain link fence shall be
erected around the construction site.
81. Construction equipment, tools, etc., shall be properly secured
during non -working hours.
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION
SHALL BE MET:
82. Prior to the issuance of building permits for the construction
of any food or beverage facility, the applicant shall submit
complete construction plans, equipment design specifications,
finish schedules and other required information to the
Community Services of Environmental Health Department for
review and approval (see Ventura County Environmental Health
Food Establishment Plan Check Guide).
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
83. That a street width of 25-feet for two way traffic with off
street parking on both sides shall be provided.
84. That prior to construction, the applicant shall submit two
site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes. The fire lanes shall
be posted in accordance with California Vehicle Code, Section
22500.1 and Article 10 of the Uniform Fire Code prior to
Occupancy.
85. That access roads shall be installed with an all weather
surface, suitable for access by fire department apparatus.
86. That the access roadway shall be extended to within 150 feet
of all portions of the exterior walls of the first story of
any building. Where the access roadway cannot be provided,
13
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
approved fire protection system or systems shall be installed
as required and acceptable to the Bureau of Fire Prevention.
87. That all drives shall have a minimum vertical clearance of 13
feet, 6 inches (131, 6").
88. That approved turn around areas for fire apparatus shall be
provided where the access road is 150 feet or farther from the
main thoroughfare.
89. That address numbers, a minimum of 6 inches high, shall be
installed prior to occupancy, shall be of contrasting color to
the background. Where structures are setback more than 250
feet from the street, larger numbers will be required so that
they are distinguishable from the street. In the event a
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
90. That prior to construction, the applicant shall submit plans
to the Ventura County Bureau of Fire Prevention for approval
of the location of fire hydrants. Show existing hydrants on
a site plan, within 300 feet of the development.
91. That fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standards of the Moorpark Water Works Manual.
a. Each hydrant shall be 6 inch wet barrel design and
shall have two 4 inch and one 2 1/2 inch outlet(s).
b. The required fire flow shall be achieved at no less
than 20 psi residual pressure.
C. Fire hydrants shall be spaced 300 feet on center,
and so located that no structure will be farther
than 150 feet from any one hydrant.
d. Fire hydrants shall be recessed in from curb face
24 inches at center.
92. That the minimum fire flow required is determined by the type
of building construction, proximity to other structures, fire
walls, and fire protection devices provided, as specified by
the I.S.O. for determining Required Fire Flow. Given the
present plans and information, the required fire flow is
approximately 3,000 gallons per minute. The applicant shall
verify that the water purveyor can provide the required volume
14
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
at the project.
93. That if any building(s) are to be protected by an automatic
sprinkler system, plans shall be submitted, with payment for
plan check, to the Ventura County Bureau of Fire Prevention
for review.
94. Than any structure(s) greater than 5,000 square feet in area
and/or 5 miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with Ventura
County Ordinance #14.
95. That building plans of all A.E,I, & H occupancies shall be
submitted to the Ventura County Bureau of Fire Prevention for
plan check.
96. That an approved manual and automatic fire alarm system shall
be installed and maintained in the building.
97. That plans for any fire alarm system shall be submitted to the
Bureau of Fire Prevention for plan check.
98. That fire extinguishers shall be installed in accordance with
National Fire Protection Association, Pamphlet #10. The
placement of extinguishers shall be reviewed by the Fire
Prevention Bureau.
99. That plans for the installation of automatic fire
extinguishing system ( such as, halon or dry chemical) shall be
submitted to the Ventura County Bureau of Fire Prevention for
plan check.
100. That all grass or brush exposing any structures shall be
cleared for a distance of 100 feet prior to framing, according
to the Ventura County Weed Abatement Ordinance.
101. That trash containers with an individual capacity of 1.5 cubic
yards or greater, shall not be stored within 5 feet of
openings, combustible walls, combustible roof eave lines,
unless protected by approved automatic fire sprinklers.
(Uniform Fire Code, Article 11).
WATERWORKS DISTRICT NO. 1 CONDITION
102. Applicant for service shall comply with the Ventura County
Waterworks District No. 1 "Rules and Regulations" including
all provisions of or relating to the existing Industrial Waste
15
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-1
CONDITIONAL USE PERMIT NO. 90-1
APPLICANT: MARTIN V. SMITH AND ASSOCIATES
DATE: March 4, 1991
Discharge Requirements and subsequent additions or revisions
thereto. Ultra low plumbing fixtures are required in all new
construction.
PLANNING COMMISSION RECOMMENDED CHANGES PER PLANNING COMMISSION
MEETING OF APRIL 1, 1991
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS
CITY COUNCIL RECOMMENDED CHANGES PER CITY COUNCIL MEETING OF MAY
15, 1991
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS:
GENERAL REQUIREMENTS
9. A sign permit is required for all on -site signs to be approved
by the Director of Community Development. No on -site building
sign shall be permitted unless the building is occupied by a
single user. No off -site signs are permitted. The proposed
monument signs shall be redesigned to have a maximum height of
five feet wx # byexgip. o h� �� �c�� c� �� qn ����c�
..
...< Rc $d x:xgu d All ex sti01
n sr s on the
subject property shall be removed prior to the issuance of a
Zoning Clearance. The monument/structure sign, including the
sign that may be placed at the rear of the building, shall be
included as part of the sign program to be submitted to and
approved by the Community Development Committee.
AFTER CERTIFICATE OF OCCUPANCE, THE FOLLOWING CONDITION SHALL BE
APPLICABLE:
103. The maximum hours of operation for the restaurant shall be 24
hours per day. Alcoholic beverages shall not be served after
W
INDUSTRIAL
CONDITIONAL
APPLICANT:
DATE:
PLANNED DEVELOPMENT PERMIT NO.
USE PERMIT NO.
MARTIN V. SMITH
90-1
90-1
AND ASSOCIATES
March 4, 1991
1:00 a.m. A restaurant containing a fixed bar shall
allowed without prior approval of a modification
Conditional Use Permit by the City Council.
A:IPDCPD.CNDy
17
not be
to the
r <-
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING LDM-90-4 ON
THE APPLICATION OF MARTIN V. SMITH AND
ASSOCIATES
Whereas, at a duly noticed public hearing on May 15,
1991, the City Council considered the application filed by Martin
V. Smith and Associates requesting approval of a land division to
subdivide an existing 7.52 acre parcel into two parcels of 2.88 and
4.64 acres;
Whereas, the City Council after review and consideration
of the information contained in the staff report, the Mitigated
Negative Declaration, the Mitigating Reporting and Monitoring
Program and testimony, and has found that the project will not have
a significant adverse effect on the environment, and has reached
its decision on this matter; and
Whereas, at its meeting of May 15, 1991, the City Council
opened the public hearing, took testimony from all those wishing to
testify, closed the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California
Environmental Quality Act (Division 13 of the Public Resources Code
of the State of California {beginning at Section 21000}), the City
Council of the City of Moorpark has determined that the Mitigated
Negative Declaration and Mitigating Monitoring and Reporting
Program prepared for this project has been completed in compliance
with CEQA and State Guidelines. The City Council has received and
considered the information contained in the Mitigated Negative
Declaration prior to acting on the proposed project and has found
that this document is adequate and complete for the aforementioned
project and approves a Mitigating Monitoring Program and findings.
SECTION 2. The City Council hereby adopts the findings
in the staff report dated May 1, 1991, and said report is
incorporated herein by reference as though fully set forth.
SECTION 3. The City Council does hereby find that the
aforementioned projects are consistent with the City's General
Plan.
ATTACHMENT 2
SECTION 4. That the City Council hereby recommends to
approves (with recommended changes) LDM-90-4 on the application of
Martin V. Smith and Associates subject to compliance with all of
the attached conditions attached hereto.
PASSES, APPROVED, AND ADOPTED THIS 19TH DAY OF JUNE, 1991.
Paul W. Lawrason, Jr.
City of Moorpark
ATTEST:
Lillian E. Kellerman
City Clerk
Attachment: Conditions of Approval for Land Division Map No.
90-4
LAND DIVISION MOORPARK NO: 90-4
APPLICANT: Martin V. Smith and Associates
DATE: March 4, 1991
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS
1. The conditions of approval of this Tentative Parcel Map
supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown
on said map; and that all provisions of the Subdivision Map
Act, City of Moorpark Ordinance and adopted City policies
apply.
2. Recordation of this subdivision shall be deemed to be
acceptance by the property owner of the conditions of this
Map.
3. All applicable requirements of any law or agency of the State,
City of Moorpark an any other governmental entity shall be
met, and all such requirements and enactments shall, by
reference, become conditions of this entitlement.
4. The developer's recordation of this map and/or commencement of
construction as a result of this map shall be deemed to be
acceptance of all conditions of this map by the applicant.
5. That no condition of this entitlement shall be interpreted as
permitting or requiring any violation of law, or any lawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
6. That if any of the conditions or limitations of this
subdivision are held to be invalid, that holding shall not
invalidate the remaining conditions or limitations set forth.
7. The development shall be subject to all applicable City
regulations regarding the M-1 zone.
8. No zone clearance shall be issued for construction until the
final map has been recorded. Prior to the issuance of any
permit, a zoning clearance shall be obtained from the
Department of Community Development and a Building Permit
shall be obtained from the Department of Building and Safety
after the granting of a zoning clearance. Also, no zoning
clearance shal be issued until the applicant pays all
outstanding permit processing costs to the City.
9. Prior to approval of a Final Map, the developer shall
demonstrate by possession of a District Release from the
1
LAND DIVISION MOORPARK NO: 90-4
APPLICANT: Martin V. Smith and Associates
DATE: March 4, 1991
Calleguas Municipal Water District that arrangements for
payment of the Construction Charge applicable to the proposed
subdivision have been made.
10. The Tentative Parcel Map shall expire three years from the
date of its approval. Failure to record a final map with the
Ventura County Recorder prior to expiration of the Tentative
Map shall terminate all proceedings, and any subdivision of
the land shall require the filing and processing of a new
Tentative Map.
11. Prior to approval of Final Map, an unconditional availability
letter shall be obtained from the County Waterworks District
No. 1 for sewer and water service for each lot. Said letter
shall be filed with the Department of Community Development
or, if said Unconditional Availability Letter in a form
satisfactory to the City cannot be obtained from the County
Waterworks District No. 1, the developer shall execute a
Subdivision Sewer Agreement in a form satisfactory to the
City. Said agreement shall permit deferral of unconditional
guarantee for sewer and water service until issuance of a
building permit for each lot in the subdivision. Said
agreement shall include language holding the City harmless
against damages in the event of the ultimate lack of adequate
sewer service.
12. Prior to recordation all utility lines from the property line
shall be placed underground
13. At the time water service connection is made, cross connection
control devices shall be installed on the water system in a
manner approved by the County Waterworks District No. 1.
14. As of the date of recordation of final parcel map, the parcels
depicted thereon shall meet the requirements of the zoning
ordinance and General Plan applicable to the property when the
application was deemed complete.
15. That the subdivider 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
subdivision, which claim, action or proceeding is brought
within the time period provided therefore in Government Code
Section 66499.37. The city will promptly notify the
subdivider of any such claim, action or proceeding, and, if
a:\ldm90-4.234 2
LAND DIVISION MOORPARK NO: 90-4
APPLICANT: Martin V. Smith and Associates
DATE: March 4, 1991
the city should fail to do so or should fail to cooperate
fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City or
its agents, officers and employees pursuant to this condition.
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;
The city defends the claim, action or proceeding in good
faith.
The subdivider shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the subdivider. The subdivider's
obligations under this condition shall apply regardless of
whether a final map or parcel map is ultimately recorded with
respect to the subdivision.
CITY ENGINEER DEPARTMENT CONDITIONS
PRIOR TO APPROVAL ON FINAL MAP THE FOLLOWING CONDITIONS SHALL BE
SATISFIED-
16. a. The applicant shall submit to the City of Moorpark for
review and approval, a grading plan prepared by a Registered
Civil Engineer; shall obtain a grading Permit; and shall post
sufficient surety guaranteeing completion.
b. An erosion control plan shall be submitted for review and
approval along with the grading plan. Along with the erosion
control measures, hydroseeding of all graded slopes shall be
required within 60 days of completion of grading.
C. All haul routes shall be approved by the City Engineer.
On -site haul routes shall be limited to graded areas only.
17 a. The applicant shall submit to the City of Moorpark for
review and approval, a detailed Soils Report certified by a
Registered Civil Engineer in the State of California. The
report shall include a geotechnical investigation with regard
to liquefaction, expansive soils, and seismic safety. The
grading plan shall incorporate the recommendations of the
approved Soils Report.
b. Review of the soils and geotechnical report by the City's
geotechnical consultant may be required by the City Engineer.
a:\ldm90-4.234 3
LAND DIVISION MOORPARK NO: 90-4
APPLICANT: Martin V. Smith and Associates
DATE: March 4, 1991
If so, the applicant shall reimburse the City for all costs
including the City's administrative costs.
18. The applicant shall indicate in writing to the City of
Moorpark, the disposition of any water well(s) and any other
water that may exist within the site. If any wells are
proposed to be abandoned, or if they are abandoned and have
not been properly sealed, they must be destroyed per Ventura
County Ordinance No. 2372 and any applicable Division of Oil
and Gas requirements.
20. The applicant shall demonstrate to the satisfaction of the
City Engineer that each building pad has adequate protection
from a 100-year storm and feasible access during a 10-year
storm.
21. The applicant shall submit to the City for review and
approval, drainage plans, hydrologic and hydraulic
calculations prepared by a registered civil engineer; shall
enter into an agreement with the City to complete the
improvements and shall post sufficient surety guaranteeing the
construction of the improvements. The drainage plans and
calculations shall indicate the following conditions before
and after development:
Quantities of water, flow rates, major water courses. drainage
areas and patterns, diversions, collection systems, flood
hazard areas, sups and drainage courses.
Hydrology shall be per current Ventura County Standards except
as follows:
a. all catch basins in sump locations shall be designated
for a 50-year storm;
b. all catch basins on continuous grades shall be designed
for a 10-year storm;
a:\ldm90-4.234 4
LAND DIVISION MOORPARK NO: 90-4
APPLICA_h^: Martin V. Smith and Associates
DATE: March 4, 1991
C. all catch basins in a sump condition shall be designed
such that the depth of water at intake shall equal the
depth of the approach flows;
d. all culverts shall be designed for a 100-year storm;
e. drainage facilities shall be provided such that surface
flows are intercepted and contained prior to entering any
adjacent roadways;
f. for a 10-year storm, all collector streets shall be
provided with a minimum of one travel lane with a goal
that local, residential streets shall have one travel
lane available where possible.
g. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided
by the applicant.
h. On -site storm water retention facilities shall be
designed to the City Engineer's satisfaction.
22. The applieant shall submit te the City fer review and
appr-eval, sterm drain plans fer the Spring Read draift (frefa
the—prejeet te— theexistingreinfeieed eenerete—bex en t
se,dthwest eerner-ewe- nt�-_tlen of bey-Aigeles Avenue
Spr-�:ng Read) as identified by the Gity's Master Brainage
Study, -prepare -a-registered- e-ivil-engineer; shall enter
inte air -agreement with tie-G-ity to-ee"Iette-the
y ,
and shall: pest suff leient: surety guar-anteeing
t
e f the imprevement-s—Thi-s-drain shall piele up all flews alre�
the east side ef Spring Read and the seuth side of Flinn
Avenue between the railread traeks and New Les Angeles Avenue.
a:\ldm9'--4.234 5
LAND DIVISION MOORPARK NO:
APPLICANT:
DATE:
a:\ldm90-4.234
90-4
Martin V. Smith and Associates
March 4, 1991
LAND DIVISION MOORPARK NO: 90-4
APPLICANT: Martin V. Smith and Associates
DATE: March 4, 1991
23. The applicant shall demonstrate legal access for each parcel
to the satisfaction of the City Engineer.
24. The applicant shall make a special contribution to the City
representing the applicant's prorata share of the cost of
improvements to the intersection of Spring Road - New Los
Angeles Avenue. To determine the cost of these improvements
as identified in the project traffic study, the applicant
shall first prepare conceptual plans to the satisfaction of
the City Engineer. The prorata share shall be approved by the
City Council prior to Final Map approval. The contribution
shall then be paid to the City, prior to Final Map approval.
25. The -applie n shall subnrit tethe -Gity and Ga-ltrans-€er re i P6a
and appre=o tr-a fie signal plan fer the interseeti-en e€
Street,Spring Read Flinn
prepared by a registered ei
en,3iiee�shall enter ince—aim-agreeifterrt with the Gity te
eemplete these imprevefftents; and shall pest suffieient surety
guaranteeing eefftgletien. Thestreet imprevefrtents will e
- tr ewe—�ree e-s--�e eem�� e-��—i apt-a�a�re�t— e�t�%--c- rarrrc
f f e
signal,iFr"ci=dc ing restrietien of left turns inte/euc ef—Seeena
Street as detailed in the prejeet traffie study.
This-ea-rQetien eest-shall inn -lode asseeiated
ee struetien inspeetien and administratleft—ees T1he—ea7h
depesit dees net relieve the-applieant frem eenstrueting t�i�
a:\ldm90-4.234 7
LAND DIVISION MOORPARK NO:
APPLICANT:
DATE:
90-4
Martin V. Smith and Associates
March 4, 1991
a:\ldm90-4.234 8
LAND DIVISION MOORPARK NO: 90-4
APPLICANT: Martin V. Smith and Associates
DATE: March 4, 1991
26. The applicant shall deposit with the City a contribution for
the Los Angeles Avenue Area of Contribution. The actual
deposit shall be the then current Los Angeles Avenue Area of
Contribution rate at the time of Zone Clearance. If previous
payment of this contribution can be demonstrated to the City's
satisfaction, this condition shall be waived.
27. The applicant shall execute a covenant running with the land
on the behalf of itself and its successors, heirs, and assigns
agreeing to participate in the formation of an assessment
district or other financing technique including, but not
limited to, the payment of traffic mitigation fees, which the
City may implement or adopt, to fund public street and
traffic improvements directly or indirectly affected by the
development. The covenant is to be approved by the Director
of Commuity Development prior to recordation.
28. If any of the improvements which the applicant is required to
construct or install is to be constructed or installed upon
land in which the applicant does not have title or interest
sufficient for such purposes, the applicant shall do all of
the following at least 60 days prior to the filing of the
final or parcel map for approval pursuant to Governmental Code
Section 66457.
a. Notify the City of Moorpark (hereinafter "City") in
writing that the applicant wishes the City to acquire an
interest in the land which is sufficient for the purposes
as provided in Governmental Code Section 66462.5.
b. Supply the City with (i) a legal description of the
a:\ldm90-4.234
LAND DIVISION MOORPARK NO: 90-4
APPLICANT: Martin V. Smith and Associates
DATE: March 4, 1991
interest to be acquired, (ii) a map or diagram of the
interest to be acquired sufficient to satisfy the
requirements of subdivision (e) of Section 1250.310 of
the Code of Civil procedure, (iii) a current appraisal
report prepared by an appraiser approved by the City
which expresses an opinion as to the fair market value of
the interest to be acquired, and (iv) a current
Litigation Guarantee Report.
c . Enter into an agreement with the City, guaranteed by such
cash deposits or other security as the City may require,
pursuant to which the applicant will pay all of the
City's cost (including, without limitation, attorney's
fees and overhead expenses) of acquiring such an interest
in the land.
29. The applicant shall pay all energy costs associated with
street lighting for a period of one year from the initial
energizing of the street lights.
30. The applicant shall post sufficient surety guaranteeing
completion of all improvements which revert to the City
(i.e., landscaping, parks, fencing, etc.) or which require
removal (i.e., model homes, temporary debris basins, etc.).
31. A meandering sidewalk along the Spring Road, Flinn Avenue, and
Minor Street property frontage shall be constructed, with the
precise design and location approved by the city Engineer and
Director of Community Development. The following criteria for
the design of the meandering sidewalk shall be met:
1. Crossfall shall not exceed two percent.
2. Sidewalks shall be a minimum 5 feet wide at all points.
3. The meandering sidewalk shall be contained either within
public right-of-way or within an easement offered to the
City.
4. The applicant shall agree to maintain the sidewalk any
related landscaping.
IN CONJUNCTION WITH FINAL MAP APPROVAL, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
32. Applicant shall offer to dedicate on the Final Map to the City
of Moorpark for public use, all right-of-way for public
streets as shown on the map.
33. Applicant shall dedicate on the Final Map to the City of
Moorpark, public service easements as required.
a:\ldm90-4.234 10
MOORPARK
799 Moorpark Avenue 'Moorpark. California 93021 (805) 529 -6864
TO: The Honorable City i:'ouncil /
FROM: Steven Kueny, City Manager
DATE: June 24, 1991
SUBJECT: Proposed Additional Condition for IPD 90 -1, CUP
90 -1 and LDM 90 -4 (Smith /Hotel)
Mayor Pro Tem Perez requestk,d staff to prepare a draft
condition to address the concer ns for potential conversion of
the referenced project to apar ' mE�Yit -type use. The following
language has been prepared:
That no part of the hote , at any time, shall be
converted to long teri or permanent rental
apartment, dormitory, of ownership living units
without first an approva of r General Plan Land
Use amendment, Zone Char le frorn Industrial to a
residential designation, -1c a Residential Planned
Development Permit appr.-(: � qd by t I~re City Council.
SK:sc
6244.tem
PAUL W LAWRASON JR RERNARDO M PE RE 7
O'- 1 �'�� �aC t.4 its ROY E TALLE Y JR
Mayor JOHN E WOZNIAK
Mayor Pry, Ter T �,nunc Imemner
Counalmember