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HomeMy WebLinkAboutRES CC 1989 595 1989 0802RESOLUTION NO. 89- 595 A RESOLUTION OF THE CITY OF MOORPARK CITY COUNCIL CERTIFICATION OF THE FINAL NEGATIVE DECLARATION AND MITIGATION REPORTING AND MONITORING PROGRAM AS ADEQUATE FOR INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. IPD -88 -3 THROUGH IPD -88 -5, AND INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, at a duly noticed pubic hearing on July 19, 1989, the City Council considered the applications filed by Siegel and Associates, Inc./West American Construction requesting approval to construct five manufacturing and three industrial buildings on four separate vacant lots located east of Commerce Avenue, West of Maureen Lane, north of Los Angeles Avenue, and south of Poindexter Avenue, City of Moorpark; and WHEREAS, the City Council after review and consideration of the information contained in the Staff Report dated June 12, 1989, and the Negative Declaration has found that the subject project will not have a significant effect on the environment, and has reached its decision in the matter, and WHEREAS, the Planning Commission held a public hearing on June 19 and on July 17, 1989, adopted Resolution No. PC -89 -196 recommending that the City Council accept and certify the Negative Declaration and make certain findings and conditionally approve Industrial Planned Development Permit Nos. IPD -88 -3 through IPD -88 -5. The action with the foregoing direction was approved by the following roll call vote: AYES: 5 Commissioner Schmidt, Butcher, Holland, Lanahan, and Wozniak; NOES: 0 WHEREAS, at its meeting of July 19, 1989, the City Council opened the public hearing, took testimony from all those wishing to testify, closed the public hearing, and directed staff to prepare resolutions for the City Council's decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and determines as follows: A. Industrial Planned Development Permit Nos. IPD -88 -3 through IPD -88 -5 are considered "projects" pursuant to the terms of the California Environmental Quality Act. B. A Mitigated Negative Declaration has been prepared for these projects and notice has been provided to the public through direct mailing to owners of property within 300 feet of the project sites and through the publication of a notice in a newspaper of general circulation in the area affected by the proposed projects. C. Whereby, the City Council of the City of Moorpark has considered evidence presented by the Director of Community Development and other interested parties with respect to the subject Negative Declaration. D. The City Council has evaluated the proposed final Negative Declaration and has determined it to be adequate and complete. SECTION 2. A Final Mitigated Negative Declaration has been completed in compliance with CEQA and State Guidelines. The City Council has received and con- sidered the information contained in the Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. On the basis of the Initial Study and the fact that no comments were received during the public review process, the City Council has found that there is no substantial evidence that there will be any significant adverse environmental _ effects as a result of the approval of the project because mitigation measures identified in the Negative Declaration have been incorporated into the project which mitigate any potential significant environmental effects to a point where clearly no significant effects will occur. The mitigation measures identified in the Negative Declaration are incorporated herein by reference, and have been included as conditions of approval for the referenced projects. SECTION 3. A Mitigation Reporting and Monitoring Program has been prepared for Industrial Planned Development Permits Nos. IPD -88 -3 through IPD -88 -5 in compliance with Section 21081.6 of the Public Resources Code. The Mitigation Reporting and Monitoring Program is included in the attached Negative Declaration prepared for the subject projects. The City Council has received and considered the Mitigation Reporting and Monitoring Program, incorporated herein by reference, prior to making a recommenda- tion on the proposed projects. The action with the foregoing direction was approved by the following roll call vote: AYES: Councilmembers Lawrason, Montgomery, Perez and Mayor Brown. NOES: None ABSENT: Conci lmember Harper. PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF AUGUST, 1989. Eloise Brown, Mayor ATTEST: MOORPARK ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) SS. 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, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. _ 595 was adopted by the City Council of the City of Moorpark at a. meeting held on the 2nd day of August , 1989, and that the same was adopted by the following vote: AYES: Councilmembers Lawrason, Montgomery, Perez and Mayor Brown. NOES: None ABSENT: Councilmember Harper. ABSTAIN: None WITNESS my hand and the official seal of said City this 4th day of August , 1989. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 =6864 MITIGATION MEASURES AND REPORTING AND MONITORING PROGRAM FOR IPD's 88 -3 TO 88 -5 1. Prior to issuance of a 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 guaranteeing completion. Reporting and Monitorina: Prior to issuance of a -Zoning Clearance, the Staff Planner shall contact the City Engineer's office to determine compliance with this condition, and shall document compliance by placing a note in the file. 2. If grading is to take place during the rainy season (October through March), an - erosion control plan shall be submitted with the grading plan to the City Engineer for review and approval prior to the start of construction. A required erosion control measure shall be that all graded slopes will be hydroseeded or landscaped within 60 days of the completion of grading. Reportine and Monitoring: The City Engineer shall be responsible for determining whether an erosion control plan is required prior to issuance of a Grading Permit. The City Engineer, or his designee, shall monitor the project during construction to ensure that any required hydroseeding is accomplished, and shall document com- pliance by preparing a memorandum for the project file prior to approval of occupancy. 3. Prior to issuance of a Zoning Clearance, the applicant shall demonstrate for each building pad to the satisfaction of the City of Moorpark as follows: a. Adequate protection from 100 -year frequency storm, and b. Feasible access during a 10 -year frequency storm. Hydrology calculations shall be per current Ventura County Standards. Reporting and Monitoring: Prior to issuance of a Zoning Clearance, the City Engineer's office shall prepare a nmetnorandum for the project file which documents compliance. 4. The applicant shall be required to submit a drainage plan to the City Engineer for review and approval, and the applicant shall construct any necessary drainage facilities. Reporting and Monitoring: Prior to issuance of a Zoning Clearance, the City Engineer's office shall prepare a memorandum for the project file which documents compliance. 5. All roof top mechanical equipment and other noise generation sources onsite shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupancy request. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent tenant occupancy, the Director of Community Development may request that a noise study or a certificate from a Licensed Acoustical Engineer be submitted for review and approval which demonstrates that all onsite noise generation sources would be mitigated to the required level. Reporting and Monitoring: Prior to approval of a Zoning Clearance for any roof- top equipment and/or prior to the issuance of a Zoning Clearance for tenant occupancy for a use which will require noise generating equipment which would affect ambient noise levels, the Staff Planner shall request submittal of the required noise study or noise certificate. The Staff Planner will document in the file when the Director of Community Development has approved the noise study. 6. Prior to issuance of a Zoning Clearance, a lighting plan shall be prepared by an Electrical Engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize onsite and offsite glare; provide adequate onsite lighting; limit electroliers height to avoid excessive illumination; and provide structures which are compatible with the total design of the proposed facility. The lighting plan shall include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. b. Maximum overall height of fixtures shall be twenty (20) feet. C. Fixtures must possess sharp cut -off qualities with a maximum of one -half foot candle illumination at property lines. d. There shall be no more than a seven -to -one (7:1) ratio of level of illumina- tion shown (maximum -to- minimum ratio between lighting standards). e. Energy efficient lighting fixtures shall be provided which are compatible with adjacent properties. f. Average maximum of one -half foot candle illumination. g. No light shall be emitted above the 90 degree or horizontal plane. 2 Reporting and Monitorine: Prior to issuance of a Zoning Clearance, for occupan- cy, the Director of Community shall review and approve the required lighting plan. The Staff Planner shall document this approval in the file. 7. Prior to the issuance of a Zoning Clearance for tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to the storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. Reporting and Monitoring: The applicant shall be required to provide written documentation from the County Environmental Health Department that they have reviewed and approved the proposed use prior to the issuance of a Zoning Clearance for tenant occupancy. The Staff Planner shall document in the file that this approval has been obtained. f 8. If any hazardous waste is encountered during the construction of the project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Building Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Reporting and Monitoring: The City's Public Works Inspector and the Building Inspector shall be responsible for ensuring that this condition is complied with. 9. The Director of Community Development, or his designee, shall have the authority to conditionally approve or deny any request for tenant occupancy. The cost of the tenant occupancy review by the Community Development Department shall be borne by the applicant for tenant occupancy. Reporting and Monitoring: Prior to the issuance of an Occupancy Permit, the Director of Community Development shall review, and approve or deny requests for tenant occupancy. The Staff Planner shall document this action in the file. 10. Prior to the issuance of a Zoning Clearance for each of the subject Industrial Development Permits, the applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area to support the City's current and future park system. Reporting and Monitoring: The Staff Planner shall document in the file that this money has been collected prior to the issuance of a Zoning Clearance. 11. 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 Zoning Clearance execute a covenant running with the land on 3 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 technique 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. Reporting and Monitorint!: The Staff Planner shall document in the file that the required covenant has been executed prior to the issuance of a Zoning Clearance. Prior to February 15th of each subsequent year, Community Development Depart- ment staff shall document whether an assessment district or other financing technique has been established to fund public street and traffic improvements in the City of Moorpark. 12. Prior to the issuance of a Zoning Clearance for each Industrial Planned Develop- ment Permit, the applicant shall make a one -time monetary contribution to Com- muter Computer of $.15 per square foot of floor area to fund ridesharing programs. Reporting and Monitoring: The applicant shall be required to provide written documentation that the required contribution to Commuter Computer has been made prior to the issuance of a Zoning Clearance. The Staff Planner shall document in the file compliance with this condition. 13. To encourage employees to use alternative means of transportation to reduce automobile trips, common area bicycle storage facilities such as bicycle racks or lockers shall be provided. Proposed bicycle storage areas and facilities shall be reviewed and approved by the Director of Community Development prior to issuance of a Zoning Clearance. Reporting and Monitoring: The Staff Planner shall document in the file when the Director of Community Development has approved a site plan showing the locations and the types of bicycle storage facilities proposed prior to issuance of a Zoning Clearance. The Staff Planner shall inspect the sites to ensure that the required facilities have been installed prior to issuance of occupancy and shall document compliance in the file. 4