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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 _. .. . Mi 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. • =f i _ j. 71 , IS ■ - I hills E re low molk 1�.A• R w :f 10 r 1. II V loll Itt��l�u ML A Isj '/. � 11r1111t1{111111 tj i t� +1111111111111 .`. t ^ %i/Iltft111111 M 1 /NIIIIIIUI I 1 {t111' !'11 trio. I ■ I • r r 11 On I ,fir • .� w I �e��� ■ , ' its •, • ' * I R t ' rngw�,l G' UI k wall PLOT PLAN e • w-v W o w » t loo NORTH �frylnN d�lw7N Oeli�e�a>r lra.A�+ry 1 Y e.c fwiw Ub 17oc R�aw�Mbla�Uiu tod OwwF im 1po ed femm ` Sed -t •s 4 799 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