HomeMy WebLinkAboutRES CC 1984 063 1984 0118RESOLUTION NO. 84-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOO RP ARK, CALIFORNIA, CERTIFYING THE
MITIGATED NEGATIVE DECLARATION AND APPROVING
PLANNED DEVELOPMENT PERMIT NO. PD-980, ON
APPLICATION OF JANSS CORPORATION.
WHEREAS, at aduly noticed publi~ hearing /on January 10, 1984,
_the Moorpark Planning Commission considered Planned Development
Permit No. PD-980, on application of Janss Corporation, to construct a
shopping cen::.er containing 125, 113 gross square feet, on property located
north of Los Angeles Avenue between Moorpark Avenue and proposed
Park Lane, within said City; and
WHEREAS, after careful consideration, the Planning Commission
reached its decisi01i in the matter and adopted its Resolution No. PC-84-6
recommending certification of the Mitigated Negative Declaration and
approval of Planned Development Permit No. PD-980 ; and
WHEREAS, public notice having been given in time, form and
manner as provided by law, the City Council of the City of Moorpark has
duly considered said PD-980 and has reached its decision;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That this body has reviewed and considered the
information contained in the Mitigated Negative Declaration, and a finding
is hereby made that this project will not have a significant effect on the
environment, and certifies that a Mitigated Negative Declaration has been
completed in compliance with California Environmental Quality Act and the
State Environmental Impact Report Guidelines issued thereunder.
SECTION 2. The City Council adopts the findings contained in
the staff report dated January 10, 1984, which report is incorporated herein
by reference as though fully set forth herein.
SECTION 3. The City Council hereby conditionally approves
PD-980, subject to compliance with all the conditions attached hereto,
and that violation of any such conditions shall be grounds for revocation
of said permit.
PASSED, APPROVED AND ADOPTED this 18 day of
January , 1984.
ATTEST :
(SEA L)
CONDITIONS FOR : PD-980 APPLICANT: Janss Corp o rati on
DATE: January 10, 1984 PAGE: 1 Of 8 pages
Approved by Moorpark City Council, January 18
PLANNING DIVISION CONDITIONS :
, 1984, by Resolution No. 84-63
1. That the permit is granted for the land and project as shown on the plot
plans and elevations labeled Exhibits "A" and "B", except or unless
indicated otheNise herein. All previous Planning permits oo this site are
null aod void.
2 . That the development is subject to all applicable regulations of the C-P-D
zone aod all agencies of the State, Ventura County, the City of Hoorpark aod
aoy other gover11111eotal entities.
3 . That the location and design of all buildings, fences, signs, roadways,
parking areas, landscaping and other facilities or features shall be as
shown on the plot plans and elevations labeled Exhibit Nos. "A" and "B",
except or unless indicated othervise herein.
4. That unless the use is inaugurated not later than two years after the date
this permit is granted, this permit shall automatically expire on that date.
The Planning Director may, at bis discretion, grant one additional one year
extension for use inauguration if there have been no changes in the adjacent
areas, and if permittee has diligently worked toward inauguration of use
during ·the initial two year period.
5. That any minor changes may be approved by the Planning Director upon the
filing of a Minor Modification application, but any major changes will
require the filing of a Major Modification application to be considered by
the City Council.
6 . That all facilities and uses other than those specifically requested in the
application are prohibited unless a modification application has been
approved by the Planning Director.
7 . That the design, maintenance, and operation of the permit area
facilities thereon shall comply with all applicable requirements
enact.meats of Federal, State, and County and City authorities, and all
requirements and enact.ments shall, by reference, become conditions of
permit.
and
aod
such
this
8. That if any of the conditions or limitations of this Conditional Use Permit
are held to be invalid, that holding shall not invalidate any of the
remaining conditions or limitations set forth.
9 . That prior to construction of ~ach building, a Zoning Clearance shall be
obtained from the Planning Division and a Building Permit shall be obtained
from the Building and Safety Division. A separate Zoning Clearance shall be
obtained prior to occupancy of individual lease units within the shopping
center .
10 . ffilQiID!iKDC:lLS~:N:lu]ilGIDcaf'.XalU:~~~,U~HK,XA landscaping and pl anting
plan (three sets), together with specifications and a maintenance program,
prepared by a State licensed Landscape Architect, in accordance with County
Guidelines for-Landscape Plan Check, shall be submitted to the Planning
Commission for approval. The applicant shall bear the total cost of such
review and of final installation inspection . The landscaping and planting
plan shall be accompanied by a fee specified by Resolution No . 222 of the
Board of Supervisors . All landscaping and planting shall be completed and
approved (or bonded for, pursuant to Condition 18) prior to the inauguration
of use of this permit . Such landscaping plans shall comply with the
following requirements:
a. Landscaping along streets and at intersections shall not impair sight
disUnce . Low-lying shrubbery should be planted around intersections
so that a seated driver does not have to partially enter the
intersection in order to gain a clear view of oncoming traffic .
b . Landscaping shall be designed as not to obstruct the view of any
building or office entrance/exit, windows, walkways, or vehicles parked
io the parking lot .
(phrase deleted by
City Council)
CO NDITIONS FOR : PD-980 APPLI CANT: J a ns s Co r po r atio n
DATE: January 10, 1984 PAGE : 2 Of 8 page:::;
Approved by Moorpark City Council, January 18 __ , 19 84, by Re~olution No. 84-63
c . Trees shall be planted along the north pro perty line to redu c e visual
impacts from adjacent property .
11. That continued landscape maintenance shall be subject to periodic insp e ction
by the City . The pennittee shall be required to remedy any defects in
ground maintenance, as indicated by the City inspector, within two weeks
after notification.
12 . That the final design of front, side and rear building elevations of each
building, and signs, walls, fences, and light standards, including materials
and colors, is subject to the approval of the Planning Co1DDission.
13. That all roof mounted equipment (vents, stacks, blowers, air condit i oning
equipment) that may extend above the parapet wall shall be enclosed on all
four sides by suitable screening or fencing . Said screening material shall
be of similar material used in the construction of the parent building .
14 . That trash disposal areas shall be provided in locations which will not
interfere with circulation parking or access to the building, and shall be
screened with a six (6) foot high solid fence or wall enclosure . Final
design of said enclosure shall be subject to the approval of the Planning
Commission.
15. That all utilities shall be placed underground, except through transmission
utilities.
16. That 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 landscape areas.
17 . That all required yards, fences, parking areas, storage areas, operations
yards, and other uses on the site shall be improved as required by these
regulations and shall at all times be maintained in a neat and orderly
manner appropriate for the C-P-D zone.
18 . That no use for which this permit is granted shall be co1m1enced until a
Certificate of Occupancy bas been issued by the Building and Safety
Division. Io addition, no Certificate of Occupancy may be issued until all
on-site improvements specified in this permit have been completed, or until
permittee bas entered into an agreement with the City to complete all
on-site improvements specified in this permit and has posted a Faithful
Performance Bond or other form of financial security to guarantee the
agreement; said on-site improvements shall be completed within 120 days of
issuance of the Certificate of Occupancy. Io 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 Planning Director, the surety 1114Y be exonerated
by action of the Planning Director.
19 . That signs are subject to the Moorpark Zoning Ordinance, Article 24, a sign
permit is required.
20 . That no later than ten (10) days after any change of property ownership or
of lessee(s) or operator(s) of the subject use, there shall be filed with
the Planning Director 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 to comply with all conditions of this pe=it.
21 . That if, in the future, any use or uses are contemplated on the site
differing from that specified in this permit, that either the permit tee,
owner, or each prospective tenant shall file a project description prior to
the execution of the new lease agreement or the initiation of the use . A
review by the Planning Director will be conducted to determine if the
proposed use is compatible with the C-P-D zone and the tems and conditions
of this permit. Said review wi ll be conducted at no charge and an approval
letter sent unless a minor or major modification is required, in which case ,
all applicable fees and procedures shall appl y.
CONDITIONS FOR: PD-980 APPLICANT : Janss Co rp o ration
DATE : January 10, 1984 PAGE: 3 Of 8 pages
Approved by Moorpark City Council, January 18 , 1984, by Resolution No.84-u ~
22 . That the permittee agrees as a condition of issuance (or renewal) 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 a court to
pay as a re ■ult 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 obligations under this condition .
23. That permittee ' s acceptance of this permit and/or commencement of
construction and/or operations under this permit shall be deemed to be
acceptance by permittee of all conditions of this permit.
24 . That prior to occupancy the permittee shall submit the following items for
the approval of the Planning Comruission:
a. A signage plan, showing design, location, height, materials and color
of all signs subject to Article 24 of the ttoorpark Zoning Ordinance.
b. A parking lot lighting plan, showing location and design of lighting
fixtures. The lighting plan shall be reviewed by the County Sheriff's
Department prior to submitting to the Planning Commission.
c. A bicycle parking facilities plan, showing design and location of
bicycle parking facilities.
d. A utilities plan showing location of
transformers or other utility equipment
obstruction to drivers and pedestrians .
any above-ground
which might cause
Edison
sight
25. That prior to issuance of a Zoning Clearance, the applicant, on behalf of
himself and his successors and assigns, agrees not to protest or otherwise
contest the formation of any assessment district or method of assessment
applicable to the development which may be established by the City of
ttoorpark for the purpose of maintaining landscaping and improvements within
the rights-of-way of Los Angeles Avenue and/or Moorpark Avenue.
ENVIRONMENTAL HEALTH CONDITIONS:
26. That sewage disposal shall be by co-unity sewer system approved by the
Ventura County Environmental Health Department.
27 . That prior to occupancy, an adequate, safe, potable supply of water shall be
provided for the occupants and users of these facilities .
28. That prior to occupancy, cross-connection control devices shall be installed
on the water system in accord-ance with the requirements of the Ventura
County Environmental Health Department.
29 . That in order to protect the public safety and prevent groundwater
pollution, any abandoned wells on the property shall be destroyed in
accordance with the Ventura County Well Ordinance prior to occupancy.
30. That the building plans for the proposed retail food markets and restaurants
be approved by the Ventura County Environmental Health Department as per
County Ordinance Code, prior to issuance of building permits.
FIRE DEPARTMENT CONDITIONS:
31 . That prior to occupancy the applicant shall provide sufficient proof of the
ability to prevent vehicle parking in "no parking" areas in order that
access by emergency vehicles will not be obstructed .
32 . That access roads shall be installed with an all-weather surface, suitable
for access by fire department apparatus capable of supporting a 20 ton
vehicle.
33. That all drives shall have a minimum vertical clearance o f 13 feet 6 inches
( 13 ' 6").
CO NDITIONS FOR : PD-980 APPLICANT : Janss Corporati o n
DATE: January 10, 1984 PAGE: 4 Of i3 pages
Approved by Moorpark City Council, Jarni ary 1 8 1984, by Resolution No.
34 . That fire hydrants shall be installed and in service prior to combustible
c onstruction and shall conform to the minimum standards of the Water Works
Hanua l.
a . Each hydrant shall be a 6 inch wet barrel design, and shall have one 4"
and two 2\" 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 fr~m any one hydrant.
d . Fire hydrants shall be 24" on center, recessed in from the curb face .
35 . 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. Guide for Determining Required
Fire Flow. Given the present plans and information, the required f i re flow
is approximately 3,000 gallons per minute . The applicant shall verify that
the water purveyor can provide the required quantity at the project.
36. That a minimum individual hydrant flow of 1,500 gallons per minute shall be
provided at this location.
37 . That address numbers, a minimwa of 6 inches high, shall be installed prior
to occupancy, shall be of contrasting color to the background, and shall be
readily visible at night.
38. That a plan shall be submitted to the Ventura County Bureau of Fire
Prevention for review indicating the method in which buildings are to be
identified by address numbers .
39 . That fire extinguishers shall be installed in accordance with National Fire
Protection Association Pamphlet 1110 . The placement of extinguishers shall
be reviewed by the Fire Prevention Bureau.
40. That building{s) that 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.
41. That roofing material shall be any fire retardant roofing as defined by the
Uniform Building Code.
PUBLIC WORKS AGENCY CONDITIONS:
42. That prior to the issuance of a Zoning Clearance, the permittee shall submit
to the Public Works Agency for review and approval, a traffic engineering
analysis prepared by a qualified traffic engineer .
The report shall address internal and accwaulative traffic impacts,
including all the proposed projects in the area. It should contain those
projects easterly of the subject site and south of Los Angeles Avenue that
would require the extension of Hoorpark Avenue south from Los Angeles
Avenue; and those projects north and west of the subject site that would
require the expansion of Hoorpark Avenue northerly from Los Angeles Avenue.
The analysis should also include a striping plan to accommodate the site
specific and cumulative traffic issues.
43 . That prior to the issuance of a Zoning Clearance, the permittee shall submit
to the Public Works Agency for review and approval, a drainage study
prepared by a Registered Civil Engineer.
The study shall address the d i sposition of the surface water traversing the
subject site and the water discharged in the area of the intersection of
Hoorpark Avenue and Los Angeles Avenue .
84-63
CONDITIONS FOR: PD-980 APPLICANT : Janss Corp o rati o n
DATE : January 10, 1984 PAGE : 5 Of 8 pages
Approved by Moorpark City Council, January 18 1984 by Resolution No. 84-6 3
That analysis should also include mitigation measures for transporting the
water from the subject site in such a manner that would alleviate any
potential increase in downstream flooding.
44 . That prior to the issuance of a Building Permit, the permittee shall submit
to the Public Work• Agency for review and approval, grading plans, drainage
plan•, and hydro logic and hydraulic calculations prepared by a Registered
Civil Engineer; shall enter into an agreement with the County of Ventura to
complete the improvements; and shall post sufficient surety in an amount
agreed upon by the Public Works Agency guaranteeing construction of the
improvements.
These plans and calculations shall indicate the following conditions before
and after development: water quantities, flood rates, major water courses,
drainage areaa and patterns, diversions, collection systems, flood hazard
areas, SWllpa, and drainage courses.
45 . That prior to any work being conducted within the State and County
rights-of-way , the permittee shall obtain an Encroachment Permit from the
appropriate agency.
46. That prior to the issuance of a Building Permit, the permittee shall submit
to the Public Works Agency for review and approval, improvement plans for
roads prepared by a Registered Civil Engineer; shall enter into an agreement
with the County of Ventura to complete the improvements; and shall post
sufficient surety in an amount agreed upon by the Public Works Agency
guaranteeing the construction of the improvements.
The improvements shall include concrete curbs and gutters, sidewalks ,
streetlights, striping and signing, and paving in accordance with the
Ventura County Road Standards. The applicable Ventura County Road Standards
Plates are aa follows:
B-2A Los Angeles Avenue (north of the centerline from the intersection of
Moorpark Avenue and Los Angeles Avenue to the western boundary of the
parent parcel of PH-3781).
B-3D The easterly 32 feet of Park Lane (from Los Angeles Avenue to the
northern boundary of the development) modified • to a 56 foot
right-of-way.
B-3A Moorpark Avenue (west of the centerline from the intersection of
Moorpark Avenue and Los Angeles Avenue to the northern boundary of the
parent parcel of PH-3781) modified to include an 8 foot parkway and
curb and gutter 34 feet from existing centerline.
C-1 Intersection of Moorpark Avenue and Los Angeles Avenue utilizing a 45
foot curb return. The existing acceleration lane shall be removed with
the construction of the intersection.
47 . In conjunction with the road improvements, a transition from the proposed
pavement to the existing pavement to the satisfaction of the Public Works
Agency shall be provided.
48 . That in conjunction with the improvement plans and the construction of the
improvements for Los Angeles Avenue and Moorpark Avenue, the permittee shall
provide left-turn pockets at the following locations :
a . Main entrance on Los Angeles Avenue (traveling east).
b . Intersection of Park Lane and Los Angeles Avenue (traveling east and
west).
c . Moorpark Avenue at the intersection of Moorpark Avenue and Los Angeles
Avenue (traveling south).
d . Hoorpark Avenue at the shopping c enter entrance (traveling north).
CONDITIONS FOR: PD-9 80 APPLICANT : Janss Corporation
DATE : January 10, 1984 PAGE: 6
Approved by Moorpark City Council,
of 8 pages
-l~an~u""'"ari.....;yl'.--,;-l,.,__S __ , 1984, by Resolution No.
49. That in conjunction with the road improvement plans, and the construction of
these improvements, the permittee shall provide the following applicable
entrance driveways:
a. Two SO-foot entrances Park Lane and Moorpark Avenue (service
entrances at northern boundary) with 35-foot curb returns or as
modified and approved through the Encroachment Permit process;
b. Four 40-foot entrances -one on Park Lane, one on Moorpark Avenue, and
two on Los Angeles Avenue . All the entrances will have 35-foot curb
returns or as modified and approved through the Encroachment Permit
process;
c . Easterly entrance on Los Angeles Avenue -shall be right-turn in and
out only. Center of entrance shall be demarcated to the satisfaction
of the Public Works Agency to enhance the traffic flow; and
d. Westerly entrance on Los Angeles Avenue -shall be a complete entrance
(right-turn and left-turn ingress and egress) with the location being
approved by the Public Works Agency, and the striping in Los Angeles
Avenue appropriately being approved.
50. That prior to the issuance of a Building Permit, the developer shall deposit
with the City of Moorpark a contribution for the Los Angeles Avenue
Improvement Area of Contribution.
The actual deposit shall be the then current Los Angeles Avenue Improvement
Arca of Contribution applicable rate at the time the Building Pemit is
issued.
51. That prior to the issuance of a Building Permit, the developer shall deposit
with the City of Moorpark, a contribution for the Walnut Canyon Improvement
Local Drainage Arca.
52. That prior to the issuance of a Certificate of Occupancy, the permittee
shall complete the required improvements to the satisfaction of the Public
Works Agency.
DH:lrL126
84-_....,63...__
CONDITIONS FOR: PD-980
Date: January 10, 1984
APPLICANT: Jans s Corporation
Page: 7 of 8 pages 1
I
Approved by Moorpark City Council, Jamiary 18 , 1984, by Resolution No. 84-63
ADDITIONAL CONDITIONS RECOMMENDED .BY .THE PLANNING COMMISSION
as amended by City Council •
53. That project entrance sign shall be of monument style.
54. That landscaping within parking areas shall be increased
to conform to the County Landscape Guidelines and shall
provide a 50% shade coverage.
55. That the parking lot planting strip opposite building "A" remain as
per the original site plan of 12-30-83. That a minimum of two
additional planters be added directly adjacent to the walk.way
surrounding bu~l-~ing "A". (As amended by City Council)
56. That the appearance of the main entrance from Los Angeles
Avenue be enhanced.
57. That all buildings be textured with a low relief material.
58. That the visual appearance of sidewalks be enhanced through
the use of paving materials and planters.
59. Deleted by City Council.
60. That a minimum of three different store fronts be designed and sub-
mitted to the Planning Commission for approval. It is understood that
the applicant would then be authorized to utilize any of the approved
designs without further approval from the City. (As amended by City Council)
61. That the applicant will work with City staff on location and number of
drop-off sites for mail boxes. (As amended by City Council)
62. That parking at the rear of Buildings "A" thru "G" be
restricted for tenants only.
63. That access to the pa~king areas adjacent to the main
Los Angeles Avenue entrance be improved.
64. That additional trash enclosure areas be provided.
65. That parking on both the North and South sides of Los Angeles Avenue
adjacent to and accross from the project, and on the West side of
Moorpark Avenue adjacent to the project, be prohibited. The applicant
will further agree that parking of three-axle or larger vehicles within
the project be prohibited. Parking spaces in front of the Post Office
will be posted for postal patrons use only. (As amended by City Council)
66. That the southern-most entrance to the site from Park Lane
be restricted to In access only.
CONDITIONS FOR: PD-980
Date: January 18, 1984
APPLICANT: J anss Corporation
Page 8 of 8 pages
Approved by Moorpark City Council, January 18, 1984, by Resolution No. 84-63
ADDITIONAL CONDITIONS APPROVED BY THE CITY COUNCIL
67. That the applicant agree that all applicable local and state traffic
regulations will apply within the subject property. That the Moorpark
City Police will have the authority to enforce those regulations within
the proposed development. That signs at all entrances will be erected
at the applicant's expense noticing the public regarding the enforcement
of traffic regulations.
68. That both sides of all driveway entrances and exits within the project be
landscaped.
69. That the tile facsade will be extended around the north perimeter of
buildings ''B" and "G", and a visual enhancement of the parapet on the
rear of building "F" will be submitted to the Planning Commission for
final approval.
70. That the landsc_api~g adjacent to the south side of butldirigs "A" and "H" be
enhanced to increase the apparent setback of the structures from the
property line.
71. That the width of the face of the columns supporting the decorative arches
on the front of the :3tructure be increased to eight'~en inches (18").
72. That no trash container will exceed a height more than six inches (6")
below the top of the enclosing wall, subject to approval of the Planning
Department.
73. That applicant will work with City staff on a redesign of the parking lot
east of building "H".
STATE OF CALIFORNIA
COUNTY OF VENTURA
CITY OF MOORPARK
I, Doris D. Bankus
) ) ss.
)
, City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Resolution No. 84-63 was adopted by the City Council of the City of
Moorpark at a regular meeting thereof held on the 18th day of
__ J_a_n_u_a_r__..y'-------"' 19 84 , and that the same was adopted by
the following vote, to wit:
AYES:
NOES:
ABSENT:
Councilmembers Straughan, Harper, Beaulieu,
Prieto and Mayor Yancy-Sutton;
None;
None.
WITNESS my hand and the official seal of said City this 18th
day of January , 19 84 ------------