HomeMy WebLinkAboutRES CC 1985 201 1985 0522!1
RESOLUTION NO. 85 -201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE MITIGATED
NEGATIVE DECLARATION AND APPROVING DEVELOPMENT
PLAN PERMIT NO. DP -302 ON APPLICATION OF JERRY
GERSHENBERG
WHEREAS, at a duly
1985, the Moorpark Planning
application for approval to
ustrial building for manufa
to and notrh of Los Angeles
of Buttercreek Road; and
noticed public hearing on April 11,
Commission considered the subject
construct a 104,840 square foot ind-
cturing carpeting, located adjacent
Avenue, approximately 2,000 feet west
WHEREAS, after careful consideration, the Planning
Commission reached its decision in the matter and adopted its
Resolution No. PC- 85 -43, recommending approval of the Mitigated
Negative Declaration and conditional approval of Development Plan
Permit No. DP -302; and
WHEREAS, public notice having been given in time, form
and manner as required by law, the City Council of the City of
Moorpark has duly considered said DP -302 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, after review and consideration
of the information contained in the Mitigated Negative Declaration,
finds that this project will not have a significant effect on the
environment, and approves the Mitigated Negative Declaration.
SECTION 2. The City Council adopts the findings contained
in the staff report dated April 11, 1985, which report is incor-
porated herein by reference as though fully set forth herein.
SECTION 3. The City Council hereby conditionally approves
DP -302, 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.
1985. PASSED, APPROVED AND ADOPTED this 22nd day of May 01
ATTEST:
- /;/j �_; z �_' , I, � �Z� _'�
Mayor o the City of 1400rpark
California
1
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS FOP: DEVE1.011MI :NT PLAN PERMIT - DP 302
APPLICANT: Jerry Gershenberg
Woodcrest Carpet Mills
14933 Culvert Street
Van Nuys, California 91411
PLANNING DIVISION
1. That the permit is granted for the 'carpet manufacturing
facility shown on the plot plan(s) and elevations labeled
Exhibits "3" and "4 ", except or unless indicated otherwise
herein. That the location and design of all site improve-
ments shall be as shown on the approved plot plans and ele-
vations.
2. That the development is subject to all applicable regula-
tions of the (Limited Industrial) zone and all agencies of
the State of California, County of Ventura, 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 Director of
Community Development may, at his discretion, grant one
additional one (1) 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 Director of
Community Development upon the filing of a Minor Modifica-
tion application, but any major changes will require the
filing of a Major Modification to be considered by the City
Planning Commission.
5. 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 authorties, and all such requirements and enactments
shall, by reference, become conditions of this permit.
6. That no condition of this entitlement shall be interpreted
aspermitting 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. That if any of the conditions or limitations of this deve-
lopment p -lan are held to be invalid, that holding shalt not
invalidate any of the remaining conditions or limitations
set forth.
Resolution No. 85 -201, adopted May 22, 1985
CON.!, 1.1 1;>IS : DP- 302
8. That prior to construction, a Zoning Clearance shall be ob-
tained from the Planning Division and a Building Permit
shall be obtained from the Building and Safety Division.
9. That prior to the issuance of a Zoning Clearance, a land-
scaping 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 sub-
mitted to the Director of Community Development. The appli-
cant 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 the City of
Moorpark. All landscaping and planting shall be accomplish-
ed and approved prior to the inauguration of use of this
permit. Landscape plan shall indicate areas within public
right -of -way to be maintained by Developer.
10. That the final landscape plans shall provide for a 50% shade
coverage within all parking areas. Shade coverage is
described as the maximum mid -day shaded area defined by a
selected specimem tree at 50 percent maturity. Landscaping
and irrigation shall be provided to the curb.
11. That all turf plantings associated with this project shall
be a drought tolerant, low water using variety.
12. That the final design of site improvements, including
materials and colors, is subject to the approval of the
Planning Commission.
13. That all roof - mounted equipment (vents, stacks, blowers,
air - conditioning 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. Prior to issuance of a Zoning Clearance, the
final design and location of the project must be approved by
the City Planning Commission.
14. That 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 (6) foot
high, solid fence or wall enclosure. Final design of said
enclosure shall be subject to the approval of the
Director of Community Development.
15. That all utilities shall be placed underground. -
Resolution No. 85 -201, adopted May 22, 1985
CC ) ! ` ONS : 1) ?'- 302
10. 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 signs are subject to the City of Moorpark Ordinance
Code, Article 24, Sign Ordinance. A sign permit is required.
18. Roof design and construction shall include a minimum six
inch extension of the parapet wall above the highest point
of the roof.
19. That no later than ten (10) days after any change of proper-
ty ownership or of lessee(s) or operator(s) of the subject
use, 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 to comply with
all conditions of this permit.
20. That 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 our 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 obligations under this conditon.
21. That permittee's acceptance of this permit and /or operations
under this permit shall be deemed to be acceptance by
permittee of all conditions of this permit.
22. That disposal of all potentially hazardous wastes shall be
by a means approved by the Ventura County Environmental
Health Division.
23. 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.
24. That 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 mainte-nance as indieated by the City inspector within 30
days after notification.
Resolution No. 85 -201, adopted May 22, 1985
CONDITI0,N,6 : D11 -302
Page -4-
25. Prior to issuance of a Zon. Clearance, a "Will Serve" letter
from water and sewer service will be obtained from Ventura
County Waterworks District.
26. Prior to issuance of a Zone Clearance, the developer shall
obtain a "District Release" from Calleguas Municipal Water
District indicating payment of the District's Capital Con-
struction charges.
27. Deleted.
28. Deleted.
29. The unimproved area shall be improved with grasses, shrubs,
trees or other plant material and /or ground cover. These
improvements shall be included as part of the landscape
maintenance plan identified in Condition No. 9.
30. In accordance with Section 8161 - 2.4.1.2.1 of the Zoning
Ordinance, the permittee may defer construction of those
parking lot improvements as shown on Exhibit 3.
CITY ENGINEER CONDITIONS
31. That prior to zoning clearance the Developer 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 guaran-
teeing completion.
32. That prior to zoning clearance the Developer shall submit to
the City of Moorpark for review and approval. a detailed
Geotechnical Report. The grading plan shall incorporate the
recommendations of the approved Geotechnical Report.
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS: DP -302
Page -5-
33. Developer shall provide street improvements to Los Angeles
Avenue in accordance with the Los Angeles Area of Contribution
report and the City's General Plan, with all improvements
subject to approval by both the City Enginner and CalTrans.
Improvements shall be provided as follows:
Developer shall construct the utltimately planned improvement
to the portion of the Walnut Canyon Channel fronting the
property and crossing under Los Angeles Avenue per the
VCFCD, with money reimbursement arrangements for the im-
provements to the channel made with the VCFCD. Improvements
to Los Angeles Avenue shall include 8' sidewalk, curb and
gutter, and an additional 8' of pavement (per Plate B -2B and
core improvements shown on page 7 of the Los Angeles Avenue
Area of Contribution Report).
34. That prior to any work being condycted within the State or
City right -of -way, the developer shall obtain an Encroach-
ment Permit from the appropriate Agency.
35. That prior to zoning clearance, the Developer shall demon-
strate feasible access with adequate protection from Q10
storm to the satisfaction of the City of Moorpark.
36. That prior to zoning clearance the Developer shall deposit
with the City of Moorpark a contribution for the Los Angeles
Avenue Improvement Area of Contribution.
37. That prior to zoning clearance the Developer shall indicate
in writing to the City of Moorpark, the disposition of any
water well(s) and any other 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.
l
Resolution No. 85 -201, adopted May 22, 1985
COND1TION5: DP 02
Page -6-
38. That prior to zoning clearance. the Developer shall submit
to the City of Moorpark for review and approval, drainage
plans, hydrologic, hydraulic calculations prepared by a
Registered Civil Engineer; shall enter into an agreement
with the City of Moorpark to complete the improvements and
shall post sufficient surety guaranteeing the construction
of the improvements. The drainage plans and calculations
shall indicate the following condition before and after
development:
Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection systems.
flood hazard areas, sump and drainage courses.
39. That prior to zoning clearance the Developer shall submit to
the City of Moorpark for review and approval, evidence that
the building site will be protected from flooding.
40. That prior to zoning clearance, the Developer shall deposit
with the City of Moorpark a contribution for the Walnut
Canyon Improvement Local Drainage Area.
41. That prior to zoning clearance, the Developer shall annex
the subject site into Ventura County Waterworks District No.
1 for the purpose of obtaining water and sewer services.
COUNTY FIRE DEPARTMENT
42. That the applicant shall provide sufficient proof of the
ability to prevent vehicle parking in "no parking" areas and
that enforcement can be secured in order that access by
emergency vehicles will not be obstructed.
43. That access roads shall be installed with an all- weather
surface, suitable for access by fire department apparatus.
44. That all drives shall have a minimum vertical clearance of
13 feet, 6 inches (13'6").
45. 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
Preventiaa.
1 -
Resolution No. 85 -201, adopted May 22, 1985
COND1TIHNS: DP -3() 2
Page -7
46. 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
plan within 300 feet of the development.
47. 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 inch and one 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 recesed in from curb face 24
inches at center.
48. That the minimum fire flow required is determined by the
type of building construction. proximity to other struc-
tures, 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 tire flow is approximately 2250 gallons per minute.
The applicant shall verify that the water purveyor can
provide.the required quantity at the project.
49. That a minimum individual hydrant flow of 1250 gallons per
minute shall be provided at this location.
50. That all grass or brush exposing any structures shall be
cleared for a distance of 100 feet prior to framing, accord-
ing to the Ventura County Weed Abatement Ordinance.
51. 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.
52. 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.
Resolution No. 85 -201, adopted May 22, 1985
I T I TION: I)P- )o2
Page -8-
S3. That building plans of public assembly areas, which have an
occupant load of SO or more, shall be submitted to the
Ventura County Bureau of Fire Prevention for review.
54. That building plans of all "H" occupancies shall be sub-
mitted to the Ventura County Bureau of Fire Prevention for
review.
55. 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.
56. That the building(s) are to be protected by an automatic
sprinkler system, plans shall be submitted, with payment for
plan check, to the Ventura County of Fire Prevention for
review.
57. That plans for the installation of an automatic fire extin-
guishing system (such as, halon or dry chemical) shall be
submitted to the Ventura County Bureau of Fire Prevention
for review to insure proper installation.
58. That plans shall be submitted for any hazardous operation
for approval by the Ventura County Bureau of Fire Preven-
tion.
59. That any structure greater than 5,000 square feet in area
and /or S miles from a fire station shall be provided with an
automatic fire sprinkler system in accordance with Ventura
County Ordinance No. 14.
60. That roofing material shall be any fire retardant roofing as
defined by the Uniform Building Code.
61. OTHER: That appropriate permits be obtained as necessary
for high piled stock. flammable liquid storage, and any
other as are applicable.
62. The developer of DP -302 shall install a fire access gate
within the east property line. The gate shall be located
such as to provide ease of access between the adjacent
properties.
63. The Fire Prevention Bureau of Ventura County and the Ventura
County _ Environmenta-I Health Department will require -permits
for the onsite storage of hazardous materials.
Resolution
CONDITIONS:
Page -9-
No. 85 -201, adopted May 22, 1985
DP -302
64. If the manufacturing process associated with this project
generates combustible fibrous material as defined by the
Ventura County Fire Code, the building plans shall address
"H -3" occupancies requirements.
65. If the building plans for the project demonstrate a
cafeteria o a large conference room. the plans shall be mod-
ified to address "A -3 occupancies.
66. The Developer shall submit building plans to the Ventura
County Fire Department concurrently with the submittal of
building plans to the Department of Building and Safety for
plan check.
COUNTY SHERIFF'S DEPARTMENT
67. 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 & shall be designed to mini-
mize the spillage of light onto adjacent properties. All exteriji
lighting devices shall be protected by weather & breakage resistant
covers.
68. All exterior doors and windows should be well - lighted during
hours of darkness especially during non - working hours.
69. All exterior doors should be of a solid core wood or metal
construction with minimum one -inch dead bolt locks.
70. There should not be an 'easy exterior access to the roof area
i.e., ladders, trees, or nearby high walls.
71. That landscaping near driveways and within the parking lot
shall not interfere with ingress, egress, and internal cir-
culation sight distance.
72. Any alarm systems should be wired to all entrance /exit
doors, all exterior windows, and to any roof openings.
73. All driveway entrances /exits off from the surface streets
(excluding the main entrance) should be a minimum of thirty
(30) feet in width with radius curb returns.
COUNTY FLOOD CONTROL DISTRICT:
74. Improvements to the Ventura County Flood Control channel
adjacent to the site (DP -302) shall be completed in compli-
ance with the standards and requirements of the Viitura
County Flood Control District. Prior to obtaining a build-
ing permit I the Developer shall submit to the
Ventura County Flood Control District the following for
Resolution No. 85 -201, adopted May 22, 1985
CONDITION'S: DP -302
Page -10-
approval of construction of channel improvements
across frontage of Parcel. ( Ex . 8 )
1) Improvement plans for the modification to existing L.A.
Avenue crossing.
2) Improvement plans for the modification of the existing
flood control channel adjacent to the project site.
3) Structural analysis of the existing channel walls and
floor and to include recommendation for structural re-
pair if necessary.
4) Channel modification construction program.
WATERWORKS DISTRICT NO. 1:
75- The Developer shall submit plans to Waterworks District
No. 1 for approval, prepared by a licensed engineer,
demonstrating an on -site monitoring manhole. Plans
shall be approved by County Waterworks District No. 1
prior to obtaining a building permit.
ENVIRONMENTAL HEALTH:
76. The storage of all potentially hazardous materials, includ-
ing the latex material. Shall be by means approved by the
Ventura County Environmental Health Division.
ADDITIONAL PLANNING COMMISSION DECISIONS:
77. That the permit is granted for the tufting and finishing of
carpeting and that no dying operations are allowed without
prior approval of a Major Modification to this permit.
78. That no latex materials which contain formaldehyde or other
potentially toxic material may be used.
1 79. Within 30 days of the completion of each quarter of the
calendar year, a report shall be provided to the City listing
all potentially hazardous materials used or stored on the
premises. Quantities are to be indicated.
Resolution No. 85 -201, adopted May 22, 1985
CONDITIONS: DP -302
Page -11-
ADDITIONAL CITY COUNCIL CONDITION:
80. That all above ground public utilities, including poles
and fire hydrants, shall not be located within the sidewalk.
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, DORIS D. BANKUS , City Clerk of the City of
Moorpark, California, do hereby certify that the foregoing
Resolution No. 85 -201 was adopted by the•City Council of the
City of Moorpark at an adjourned regular meeting thereof held
on the 22nd day of May , 19 85 , and that
the same was adopted by the following roll call vote:
AYES: Councilmembers Yancy- Sutton, Weak, February,
Woolard and Mayor Prieto;
NOES: None;
ABSENT: None.
WITNESS my hand and the official seal of said City this
22nd day of May , 19 85
City Clerk