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