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HomeMy WebLinkAboutRES CC 1984 083 1984 0502rJ ,a :r C RESOLUTION NO. 84 -83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PLAN PERMIT NO. DP -301, ON APPLICATION OF TED TOMASOVICH, CC &F, 23 FREEWAY PROPERTIES INC. WHEREAS, at a duly noticed public hearing on April 24, 1984, the Moorpark Planning Commission considered Development Plan Permit No. DP -301, on application of Ted Tomasovich, CC &F, 23 Freeway Properties Inc. for approval to construct a 104,500 square foot industrial building in the Freeway Business Center, north of Los Angeles Avenue; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted its Resolution No. PC- 84 -15, recommending certification of the Negative Declaration and approval of Development Plan Permit No. DP -301; and WHEREAS, public notice having been given in time, form and manner as required by law, the City Council of the City of Moor- park has duly considered said DP -301 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 Negative Declaration, and a finding is hereby made that this project will not have a significant effect on the environment, and certifies that a Negative Declara- tion has been completed in compliance with California Environ- mental 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 April 24, 1984, which report is incor- porated herein by reference as though fully set forth herein. SECTION 3. The City Council hereby conditionally approves DP -301, subject to compliance with all the conditions attached hereto, and does hereby find, determine and resolve that violation of any such conditions shall be grounds for revocation of said permit. PASSED, APPROVED AND ADOPTED this 2nd day of May, 1984. LS ` Ma r of thu Moorpark Cal or.nia City eric EAL) CONDITIONS FOR: DEVELOPMENT PLAN NO.: DP -301 APPLICANT: Ted Tomasovich, CC &F 23 Freeway Properties, Inc. DATE: April 24, 1984 PAGE: 1 of 5 pages Approved by Moorpark City Council, May 2, 1984, by Resolution No. 84 -83 PLANNING DIVISION CONDITIONS: 1. That the permit is granted for the land and project as shown on the plot plan(s) and elevations labeled Exhibit(s) "A" and "B ", except or unless indicated otherwise herein. That the location and design of all site improvements shall be as shown on the approved plot plans and elevations. 2. That the development is subject to all applicable regulations of the "M -1" (Industrial Park) zone and all agencies of the State, Ventura County, City of Moorpark and any other governmental entities. 3. That unless the use is inaugurated not later than one (1) year after the date this permit is granted, this permit shall automatically expire on that date. The Planning Director may, at his 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 one year period. 4. 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 Planning Commission. S. That prior to occupancy of this building by any tenant, either the owner or prospective tenant shall file a modification application for this permit. The purpose of this modification shall be to determine if the proposed use is compatible with the existing zoning and the terms and conditions of this permit. 6. That 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. 7. 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. 8. That if any of the conditions or limitations of this Development Plan 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, a Zone Clearance shall be obtained from the Planning Division and a Building Permit shall be obtained from the Building and Safety Division. CONDITIONS FOR: DEVELOPMENT PLAN NO.: Df 301 APPLICANT: Ted 7( sovich, CC &F 23 Freeway Properties, Inc. DATE: April 24, 1984 PAGE: 2 of 5 pages Approved by Moorpark City Council, May 2, 1984, by Resolution No. 84 -83 10. That prior to the issuance of a Zone Clearance, a landscaping and planting 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 prior to the inauguration of use of this permit. 11. That continued landscape maintenance 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 County inspector, within two weeks after notification. 12. That final landscape plans shall provide for a 50% shade coverage within all parking areas. 13. That all turf planting associated with this project shall be a drought tolerant, low water using variety. 14. That the final design of buildings, walls, fences, and light standards, including materials and colors, is subject to the approval of the Planning Commission. 15. That all roof mounted equipment (vents, stacks, blowers, air conditioning equipment) that may extend abolZe 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. Prior to the issuance of a zone clearance, the final design and location of all roof mounted equipment and screening shall be subject to the approval of the Planning Commission. 16. 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. 17. That all utilities shall be placed underground. 18. 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. 19. That signs are subject to the City of Moorpark Ordinance Code, Article 24, Sign Ordinance. A sign permit is required. All signs shall be reviewed by the Planning Commission prior to issuance of a permit. CONDITIONS FOR: DEVELOPMENT PLAN NO.: DP -301 APPLICANT: Ted Tomasovich, CC &F 23 Freeway Properties, Inc. DATE: April 24, 1984 PAGE: 3 OF 5 PAGES Approved by Moorpark City Council, May 2, 1984, by Resolution No. 84 -83 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 permit. 21. 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 County 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 result of any, such action. 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. 22. 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. ENVIRONMENTAL HEALTH DIVISION CONDITIONS: 23. That the disposal of all potentially hazardous wastes, and the storage of all potentially hazardous materials shall be by a means approved by the Ventura County Environmental Health - 'ivision. 24. That prior to issuance of building permits, the applicant shall demonstrate the availability of domestic water by submitting a "will- serve" letter from a domestic water purveyor licensed by the Ventura County Environmental Health Department or the State of California Department of Public Health to the Ventura County Environmental Health Department and the Ventura County Public Works Agency. 25. That at the time water service connection is made, cross - connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 26. That prior to issuance of building permits, a "will- serve" letter shall be obtained for sewage service. Said letter shall be filed with the Ventura County Environmental Health Department and the Ventura County Public Works Agency. FIRE DEPARTMENT CONDITIONS: 27. That any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. The method of gate control shall be subject to review by the Bureau of Fire Prevention. CONDITIONS FOR: DEVELOPMENT PLAN NO.: Dk 3 01 APPLICANT: Ted Tj sovich, CC &F 23 Freeway Properties, Inc. DATE: April 24, 1984 PAGE: 4 of 5 pages Approved by Moorpark City Council, May 2, 1984, by Resolution No. 84 -83 28. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design, and shall have two 4" and one 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 from any one hydrant. d. Fire hydrants shall be 24" on center, recessed in from the curb face. 29. 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 fire flow is approximately 3,750 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 30. That a minimum individual hydrant flow of 1,750 gallons per minute shall be provided at this location. 31. 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. 32. That address numbers, a minimum 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. 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. 33. 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. 34. That building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. 35. That building plans of all "H" occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for review. 36. 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. CONDITIONS FOR: DEVELOPMENT PLAN NO.: DP -301 APPLICANT: Ted Tomasovich, CC &F 23 Freeway Properties, Inc. DATE: April 24, 1984 PAGE: 5 OF 5 PAGES Approved by Moorpark City Council, May 2, 1984, by Resolution No. 84 -83 37. 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. 38. That plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for review to ensure proper installation. 39. That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of Fire Prevention. 40. That any structure greater than 5,000 square feet in area and /or five miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance 414. 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 the Certificate of Occupancy, the permittee shall have accomplished all of the conditions of approval imposed on Parcel Map No. PM -3828 to the Public Works Agency's satisfaction. SHERIFF'S DEPARTMENT CONDITIONS: 43. That all parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of one foot candle of light. Walkways, aisles and passageways shall be provided with a lighting system capable of illumination with an intensity of at least .25 candle at the ground level. All exterior lighting devices shall be protected by weather and breakage resistant covers. 44. That landscaping near driveways and within the parking lot shall not interfere with ingrees, egress, and internal circulation sight distance. High canopy trees shall be used in the planter medians located within the entrance driveways. SR: dD171 ADDITIONAL CONDI`1'ION APPROVED BY THE CITY COUNCIL: 45. That prior to the issuance of a Zoning Clearance, the developer shall enter into an agreement with the City of Moorpark for the installation of a traffic signal on Los Angeles Avenue and Science Drive. Said traffic signal shall be installed prior to occupancy of DP 301, except that occupancy may be approved by the City Council if Caltrans will not allow the installation prior to occupancy of DP 301. STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPA R K SS. I, DORIS D. BANKUS City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 84 -83 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 2nd day of May , 19 84 , and that the same was adopted by the following vote, to wit: AYES: Councilmembers Straughan, Beaulieu, Harper, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 2nd day of May , 19 84 CITY CLER K (SEAL)