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HomeMy WebLinkAboutRES CC 1988 497 1988 0803RESOLUTION NO. 88-497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION NOS. 88 -488 AND 88 -489 FOR DP- 393 -396 AND DP- 397 -404 (SIEGEL & ASSOCIATES). WHEREAS, on July 13, 1988, the City Council of the City of Moorpark adopted the following Resolutions: RESOLUTION NO. 88 -488 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, APPROVING DEVELOPMENT PLAN PERMIT NOS. DP -393 - 396 ON THE APPLICATION OF SIEGEL & ASSOCIATES, INC.; and RESOLUTION NO. 88 -489 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, APPROVING DEVELOPMENT PLAN PERMIT NOS. DP -397 - 404 ON THE APPLICATION OF SIEGEL & ASSOCIATES, INC. WHEREAS, the City Council desires to provide clarifications and technical corrections to various conditions of Resolution Nos. 88 -488 and 88 -489. WHEREAS, at a regularly scheduled meeting on July 13, 1988 the City Council of said City as an agenda item discussed these clarifications and technical corrections. WHEREAS, the clarifications and technical corrections do not constitute a modification of an approved project. WHEREAS, the City Council has been duly informed in the matter; has given careful consideration thereto; has determined that the conditions clarifications and technical corrections requested do not necessitate the preparation of a subsequent environmental document because the clarifications and technical corrections contained therein will not result in new significant environmental impacts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. That the clarifications and technical corrections to various condition of Resolution No. 88 -488 described in Exhibit 1 (attached) are hereby approved. SECTION 2. That the clarificaitons and technical correctios to various conditions of Resolution No. 88 -489 described in Exhibit 2 (attached) are hereby approved. SECTION 3. That this resolution shall take effect immediately. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this _ 3rcl _ _ day of August 1988. 4, OPatick' Lane, M yor ATTEST: rk (Seal) Maureen W. Wa 1, City C e MOORPARK JOHN GALLOWAY Mayor ELOISE BROWN Mayor Pro Tern CLINT HARPER, Ph.D. Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk THOMAS P. GENOVESE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, Maureen W. wall, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 88 -497 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of , August 1988, and that the same was adopted by the following vote: AYES: Councilmembers Brown, Galloway, Harper, Perez and Mayor Lane. NOES: None. ABSENT: None. ABSTAIN: None. WITNESS my hand and the official seal of said City this 16th day of August , 1988. Maureen W. Wall_ City Clerk ( seal ) 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 DP -393 - 396 DEVELOPMENT PLAN PERMIT NO.: DP -393 -396 APPLICANT: Siegel & Associates, Inc. DATE: February 1, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.) 27. In recognition of the need for public street and traffic improvements to meet the demand generated by cumulative development in the City, the applicant shall, prior to the issuance of a zone clearance for the project, execute a covenant running with the land on behalf of itself, and its successors, heirs and assigns agreeing to participate in the formation of, and be subject to, any assessment district or other financing mechanism, including but not limited to the payment of traffic mitigation fees, to provide funds for such improvements, should such a mechanism be established by the City. 28. 'hat- the- final- desiga -e €- site- fmpr-evements-€ ef- eaeh- prejeet-,- inclxding- mateFials and- eelers; fs- subjec4-te- the - approva4-of- the - Planning- Commissfen- 29. T hat - the- applieam- shall - provide- a- €ive- (3) - €eet- wide - meandering- sidewalk - aleng Tres - Angeles - Area - and - shah- provide - landseaping - and - trees - along - Les - Angeles Avenue -te- the- sat3s €aetien -of- the- Direeter- a € - Community- Development:- (See 33A). 30. Prior to zone clearance the applicant shall have approval of the Director of Community Development to provide skylights that are as opaque as feasible to minimize potential evening illumination as viewed from the exterior. 31. That no asbestos pipe or construction materials shall be used for the projects entitlement without prior approval of the City Council. 31A. That prior to the issuance of a zone clearance for any building construction associated with DPs 393 through 404, the applicant and /or his successors, heirs and assigns shall contribute to the City of Moorpark an amount of X73 .25 cents per square foot of the building as a one time payment per Development Permit to support the City's current and future park system. 318. The applicant shall, prior to the issuance of a certificate of occupancy forzone elearanee- for-- eifher- LDM -49 -er DPs 393 through 404, exeeufe- e- eevenaxf- ruxxMg w4h- fhe -land -en - behalf -of -4-self -and -ifs - sueeessers- heirs - and- assigns - agreeing -fe parfieipafe -in- the- formation - of- any- assessmienf -er- finaneing-niethed-whieh- fhe -Cify may- implernew,- &r- adjxsf -fe- find- arf- in - pubiie - plaees - - - Said- eevenanf- is -fe - be ap preyed - in - f efm - and - eentenf - by- Me - City- Atterney - prier - to - reeerdafion - by -fhe 04y- Clerk.. -give to the City of Moorpark an amount of $100 dollars per 1,000 square feet of building area for each Development Permit. Such monies shall be used only for support of the City's Art in Public Places fund. EXHIBIT PM DP -393 - 396 DEVELOPMENT PLAN PERMIT NO.: DI' -393 -396 APPLICANT: Siegel & Associates, Inc. DATE: February 1, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.) 36A. Thai- aU - buiidtngs - ffe -the - hetghf - of - 12 - feet , - gafdeH - wal4s -- Rash -- and - sf grade - exierter- equipment- enelesuo es - shall -he - patnfed -or - freafed - w4h -an - ap preved ante— graftfft -sei?t 4oH PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 37. That prior to the occupancy or change of occupancy or introduction of an additional occupancy of these buildings by the tenants, either the owner or prospective tenant shall apply for the use of these buildings. The purpose of the zoning clearance shall determine if the proposed uses are compatible with the existing zoning and terms and conditions of these permits. 38. That no later than ten (10) days after any change of property owner or of lessee(s) or operator(s) of the subject uses, 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 these permits prior to zone clearance. 39. Prior to occupancy by any tenant or subsequent owner that would employ or dispose of hazardous waste or materials, a Major Modification shall be processed and filed. 40. All roof top mechanical equipment and other noise generation sources onsite be attenuated to 55 dBA at the property line. That prior to the issuance of the certificate of occupancy the applicant shall submit a report to demonstrate to the satisfaction of the Director of Community Development that all onsite noise generation sources have been mitigated to this level. The report shall be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CON- DITIONS SHALL BE APPLICABLE: 41. 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 ground maintenance, as indicated by Code Enforcement Officer within thirty (30) days after notification. 42. No outside storage of any materials or overnight semi - trucks or truck trailers, beyond the loading bays, of any kind shall be permitted after occupancy. 21 DP -393 - 396 DEVELOPMENT PLAN PERMIT NO.: DP -393 -396 APPLICANT: Siegel & Associates, Inc. DATE: February 1, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.) 43. No repair or maintenance of trucks or any vehicle shall occur on the subject site. 44. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. 44A. No noxious odors shall be generated from any use on the subject site within DP 393 to 396. 44B. That the applicant and his successors, heirs, and assigns shall remove any graffiti within thirty (30) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 24 DP -393 - 396 DEVELOPMENT PLAN PERMIT NO.: DP -393 -396 APPLICANT: Siegel & Associates, Inc. DATE: February 1, 1988 ADDITIONAL CITY COUNCIL CONDITION 86—. -- Pri or- fe-i ssuanee- ef- s- bu4ding- permi4-,-fhe- applieanf -shsH- pay -a- fee- eensisfenf -w4h a- sehedule- adopted -by -the - City - Ceuneil -fop - Transperfatien- Systems - Management f TSM-)-- -The - Direemr - of - Community - Deveiepmext- shall- notify- the- City - Ceuneii enee- a- Bening- elearanee- for -DP -393 --- 396 - has - been - approved -fin -the- event- a TSM- sehedule- has -nef- been - adopted -by- that - timer 86. Prior to the issuance of a zone clearance for DP 393 to 396 the applicant shall deposit with the City $20,000 for the purpose of funding a study to determine various transportation systems management methods the City can implement so as to mitigate traffic impacts generated by this project, all approved yet unbuilt projects and future projects. Said study to also identify specific roadway improvements measures for improvements needed to mitigate all traffic impacts so that all City intersections operate at an acceptable level of service. The applicant shall agree to pay the projects' proportional share of the mitigation costs identified by the study prior to the issuance of a- bu4ding an occupancy permit for DP 393 -396. However, if the proportional share is less than the $20,000 deposit, the City shall reimburse the applicant the difference. The $20,000 deposit is to be paid by the applicant only once for either DP 393 to DP 404 or LDM -10 at the time of zone clearance. z" 35 LDM -10 DP -397 - 404 DEVELOPMENT PLAN PERMIT: DP -397 - 404 APPLICANT: Siegel & Associates, Inc. DATE: February 1, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.) 26. That -the - final- design -of -site - impfevernents- for- - eaeh- pFejeet-,- faeludfeg- miner -ials and- eelef-,-is-subjee4-19-the- approval- of - the - P4a nning- Commission-. 27. That no asbestos pipe or construction materials shall be used for the projects entitlement without prior approval of the City Council. 28. Prior to zone clearance, the applicant shall have approval by the Director of Community Development to provide skylights that are as opaque as feasible to minimize potential evening illumination as viewed from the exterior. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 29. That prior to the issuance of a building permit for each project the developer shall pay all school assessment fees levied by the Moorpark Unified School District. 29A. The applicant shall, prior to the issuance of a zone- eleafanee certificate of occupancy for either- LDM -19 -of DPs 393 through 404, exeeute-a-eevenanf-run- ning - with - the - land - an - behalf - of - itself - and - its - sueeessefs -- heirs - and - assigns agreeing - to - paftieipate -in -the - f efmaiien - of - any - assessment- of - finaneing - method whieh - the - City - may - implement - of - adept - to - find - aft - in - publie - plaees -- -Said eevenaxf -is - te- be- approved -in - form - and - eentent - by- the - City- Attorney- prior- te feeefdatien - by- the - City- Clefk- give to the City of Moorpark an amount of $100 dollars per 1,000 square feet of building area for each Development Permit. Such monies shall be used only for support of the City's Art in Public Places fund. 29B. That prior to the issuance of a zone clearance for any building construction associated with DPs 393 through 404 the applicant and /or his -successors. heirs and assigns shall contribute to the City of Moorpark an amount of -.373 25 cents per square foot of the building as a one time payment per Development Permit to support the City's- currtnt and ft turn park system. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 30. That all utilities shall be underground to the nearest off -site utility pole except through transmission lines. 31. That all parking shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks or curbs in parking areas. EXHIBIT '4 36 LDM -10 DP -397 - 404 DEVELOPMENT PLAN PERMIT. DP -397 - 404 APPLICANT: Siegel & Associates, Inc. DATE: February 1, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.) 32. That at the time water service connection is made for each project, cross connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 32A. Thai— sly- buildings- (io -Me- height - of -12- feet -)-- garden- w&HsT- iPask- and -sty -grade exi -enter - equipment - enelosures - shall - be - painted - er - treated - wifk - an - approved ant+- gra#U4- sedufierr. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED, 33. That prior to the occupancy or change of occupancy or introduction of an additional occupancy of these buildings by the tenants, either the owner or prospective tenant shall apply for the use of these buildings. The purpose of the zoning clearance shall determine if the proposed uses are compatible with the existing zoning and terms and conditions of these permits. 34. That no later than ten (10) days after any change of property owner or of lessee(s) or operator(s) of the subject uses, there shall be filed with the Director of Community Development the names(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 these permits prior to zone clearance. 35. Prior to occupancy by any tenant or subsequent owner that would employ or dispose of hazardous waste or materials, a Major Modification shall be processed and filed. 36. All roof top mechanical equipment and other noise generation sources onsite be attenuated to 55 dBA at the property line. That prior to the issuance of the certificate of occupancy the applicant shall submit a report to demonstrate to the satisfaction of the Director of Community Development that Ell ansite noise generation sources have been mitigated to this level. The report shall be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 36A. Items submitted for review in Condition Nos. 11, 21, and 22 shall be approved. 37 LDM -10 DP -397 - 404 DEVELOPMENT PLAN PERMIT: DP -397 - 404 APPLICANT: Siegel & Associates, Inc. DATE: February I, 1988 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS (Cont'd.) AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CON- DITIONS SHALL BE APPLICABLE: 37. 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 ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 38. No outside storage of any materials or overnight semi - trucks or truck trailers, beyond the loading bays, of any kind shall be permitted after occupancy. 39. No repair or maintenance of trucks or any vehicle shall occur on the subject sites. 40. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. 40A. That no noxious odors shall be generated from any use on the subject site within DP- 397 -404. 40B. That the applicant and his successors, heirs, and assigns shall remove any graffiti within thirty (30) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 38 LDM -10 DP -397 - 404 DEVELOPMENT PLAN PERMIT: DP -397 - 404 APPLICANT: Siegel & Associates, Inc. DATE: February 1, 1988 ADDITIONAL PLANNING COMMISSION CONDITION (March 7, 1988) 9i -- Prier- fe- issuanee - of- a- building- permit— Me- appl-ieanf -sha4- pay -a- fee- eensisteni-w4h a - sehedule- ad epfed -by - fhe - Cify - CeunM - fop- Trans perfaffen - Sysfems - Managemenf fTSM -) -- The- DireeMr- ef- Cemmanify- Deveiepmenf- shall- nef+fy- fhe- Cify- Couneil enee- a- zoning - elearance- for -DP- 397 -- -404- has - been - approved -(in- f he- evenf -a -TSM seh ed ule- has -nef- been - ad a pfed -by -M of -fime� 91. Prior to the issuance of a zone clearance for DP -397 to 404, the applicant shall deposit with the City $20,000 for the purpose of funding a study to determine various transportation systems management methods the City can implement so as to mitigate traffic impacts generated by this project, and all approved yet unbuilt project and future projects. Said study to also identify specific roadway measures for improvements needed to mitigate all traffic impacts so that all City intersection operate at an acceptable level of service. The applicant shall agree to pay the projects' proportional share of the mitigation costs identified by the study prior to the issuance of a - building an occupancy permit for DP- 393 -396. However, if the proportional share is less than the $20,000 deposit, the City shall reimburse the applicant the difference. The $20,000 deposit is to be paid by the applicant only once for either DP 393 to DP 404 or LDM -10 at the time of zone clearance. 51