HomeMy WebLinkAboutRES CC 1996 1259 1996 1218RESOLUTION NO. 96 -1259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA APPROVING MINOR MODIFICATION NO. 4 TO
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 89 -2 - GENERAL
OPTICS
WHEREAS, the City Council conditionally approved Minor
Modification No. 3 to IPD 89 -2 for a one (1) year time extension in
order to "use inaugurate" the project, with said extension to end
on April 15, 1997; and
WHEREAS, General Optics applied for Minor Modification-No. 4
to Industrial Planned Development Permit No. 89 -2 requesting a
modification to the site plan and the conditions of approval for
the Industrial Planned Development Permit; and
WHEREAS, the Director of Community Development referred the
matter to the City Council since the current conditions do not
grant the Director the ability to further extend the project; and
WHEREAS, at the City Council hearing on December 18, 1996, the
City Council considered the application filed by General Optics,
requesting approval of Minor Modification No. 4 to IPD 89 -2; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Based upon the information and findings, the City
Council conditionally approves Minor Modification No. 4 to IPD 89 -2
for those items listed in Section 4.
SECTION 2. The City Council has determined that the
application for Minor Modification No. 4 to IPD 89 -2, with the
following conditions meets the requirements of the Moorpark
Municipal Code in that:
a. The Minor Modification is consistent with the intent and
provisions of the City's General Plan and of the Moorpark
Municipal Code;
b. The Minor Modification is compatible with the character
of surrounding development;
C. The proposed Minor Modification would not be harmful, or
impair the utility of neighboring property or uses;
Resolution No. 96 -1259
Page 2
d. The Modification would not be detrimental to the public
interest, health, safety, convenience, or welfare; and
e. The conditionally permitted use is compatible with
existing and planned land use's in the general area where
the development is to be located.
SECTION 3. The City Council determined that this project is
categorically exempt from CEQA requirements as a Class 1 exemption
for minor alterations.
SECTION 4. Approval of Minor Modification No. 4 to IPD 89 -2
is subject to the following:
1. The Conditions of approval for this Minor Modification
are in addition to the conditions of approval to IPD 89 -2
and those approved for other modifications unless
otherwise modified by this Modification.
The requested plot plan amendments are approved where
indicated to provide a landscape planter along the south
edge of the building, add three (3) doors along the east
side of the building with three (3) concrete patios
(approximately 13 feet wide by 16 feet deep) in the
landscape setback area with tables for employee breaks
and lunch. The use of these areas shall be limited to
quiet use for employee breaks and lunches from 8:00 a.m.
to 5:00 p.m. Monday through Friday only. Patio areas
shall not be used for any sports or noisy activities
including music, or for any storage purposes. Doors
shall be limited to three (3) feet wide, which shall
remain closed except when persons are entering or exiting
the building.
Code_Enf orcement Costs
The Director of Community Development may declare a
development project that is not in compliance with the
Conditions of Approval or for some other just cause, a
Resolution No.
Page 3
96 -1259
"public nuisance ". The applicant shall be liable to the
city for any and all costs and expenses to the city
involved in thereafter abating the nuisance and in
obtaining compliance with the Conditions of Approval or
applicable codes. if the applicant fails to pay all city
costs related to this action, the City may enact special
assessment proceedings against the parcel of land upon
which the nuisance existed (Municipal Code Section
1.12.080).
4. Deletion of Condition 62 to Minor Modification No. 1 to
IPD 89 -2 which states:
9,11PONOW VON- 11 WIM
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The applicant shall deposit with the City of Moorpark a
contribution for the Los Angeles Avenue Improvement Area
of Contribution. The actual deposit shall be the then
current Los Angeles Improvement Area of Contribution
applicable rate at the time the building permit is
issued. If the applicant can demonstrate that this
deposit has been previously paid, no further deposit will
be required.
Prior to the issuance of a Zoning Clearance for
construction, the applicant shall execute a covenant
running with the land on the behalf of itself and its
successors, heirs, and assigns agreeing to participate in
the formation of an assessment district or other
Resolution No. 96 -1259
Page 4
financing technique including, but not limited to, the
payment of traffic mitigation fees, which the City may
implement or adopt,• to fund public street and traffic
improvements directly or indirectly affected by the
development. In lieu of the covenant, the applicant may
pay the City $.40 per square foot of building area as a
mitigation fee.
- - Marilee. 9
RININIff V•• •. • •.• •• \• • '� • •,
Prior to obtaining a Certificate of Occupancy, the
applicant shall either contribute $10 for each 100 square
feet of building area to the City of Moorpark's Art in
Public Places Fund or install artwork either on or off -
site. The location and design of the artwork is subject
to the review and approval of the Director of Community
Development.
1996.
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799 Moorpark Avenue Moorpark, CaWomia 93021 (805) 529 -6864
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Lillian E. Hare, City Clerk of the City of Moorpark, California,
do hereby certify under penalty of perjury that the foregoing
Resolution No. 96 -1259 was adopted by the City Council of the
City of Moorpark at a meeting held on the 18th day of
December , 199 "6, and that the same was adopted by the
following vote:
AYES: COUNCILMEMBERS EVANS, PEREZ, RODGERS TEASELY, WOZNIAK AND
MAYOR HUNTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City this 28th
day of JANUARY , 1997.
,
PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEOW RODGERS TEASLEY JOHN E. WOZNIAK
Mayor Maya Pro TOM Ca ncfterr ber Cour climent sr Corr *rNrtftr