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HomeMy WebLinkAboutRES CC 2002 2034 2002 1204RESOLUTION NO. 2002 -2034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 1 TO INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 99 -01 AND -02 FOR MODIFICATION OF CONDITION NO. 5, AND AMENDMENT OF OTHER CONDITIONS OF APPROVAL OF RESOLUTION NO. 99 -1658, TO REFLECT CURRENT CITY STANDARDS, FOR PROPERTY LOCATED ON LOTS 15 AND 16 OF TRACT 3492 ON THE NORTHEAST CORNER OF CONDOR DRIVE AND LOS ANGELES AVENUE ON THE APPLICATION OF CALABASAS BCD, INC (ASSESSOR PARCEL NOS. 513 -0- 060 -175 AND 513 -0- 060 -185) WHEREAS, on October 6, 1999, the City Council adopted Resolution No. 99 -1658 conditionally approving Industrial Planned Development (IPD) Permit Nos. 99 -01 and 99 -02, located on lots 15 and 16 of Tract 3492 on the northeast corner of Condor Drive and Los Angeles Avenue (Assessor Parcel Nos. 513 -0- 060 -175 {lot 151 and 513 -0- 060 -185 Ilot 16}); and WHEREAS, at a duly noticed Public Hearing on December 4, 2002, the City Council considered Minor Modification No. 1 to IPD Nos. 99 -01 and -02, to extend "use inauguration" and to amend certain conditions of approval to reflect current City standards, on the application of Calabasas BCD, Inc.; and WHEREAS, at its meeting of December 4, 2002, the City Council opened the public hearing, took public testimony, and after review and consideration of the information contained in the staff report and any supplements thereto, and consideration of written and oral public testimony both for and against the proposal, has reached a decision on this matter; and WHEREAS, the City Council concurs with the Community Development Director's finding that the Negative Declaration prepared for IPD 99 -01 and IPD 99 -02 is adequate to serve as the environmental document for this application. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. FINDINGS: The City Council makes the following findings: A. The request is consistent with the intent and provisions of the City's General Plan, any applicable Specific Plan and applicable titles of the Moorpark Municipal Code, as it makes only slight alterations to the Conditions of Approval for a commercial use, on property which is appropriately designated and zoned for such uses. Resolution No. 2002 -2034 Page 2 B. The request is compatible with the character of surrounding development because the changes proposed enable the subject project to meet current City standards within an existing industrial area. C. The proposal would not be obnoxious or harmful or impair the utility of neighboring property or uses because the proposed alterations to the existing use are minor and consistent with the development standards of the Municipal Code. D. The proposal would not be detrimental to the public interest, health, safety, convenience or welfare, because the proposed action will not result in changes which would cause or worsen hazards or other adverse conditions, and would in fact reduce the discharge of pollutants from the site which may be detrimental to the public interest, health, safety, convenience or welfare. SECTION 2. CITY COUNCIL APPROVAL: The City Council hereby approves Minor Modification No. 1 to Industrial Planned Development (IPD) Nos. 99 -01 and 99 -02 subject to the Conditions of Approval attached as Exhibit A hereto and incorporated herein by reference. SECTION 3. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day ATTEST: `J .J Deborah S. Traffenst , City Clerk Exhibit A: Conditions of Approval Resolution No. 2002 -2034 Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MINOR MODIFICATION NO. 1 TO INDUSTRIAL PLANNED DEVELOPMENT NOS. 1999 -01 AND -02 All Conditions of approval as Specified in Resolution No. 99 -1658 are applicable to this project except as modified herein. Use Inauguration 5. Thy unles- areas, n if r -1 - r a n t c a n d e ems^ "crr -c- that h has ,i _ l_ J e t l 1, twe ^yeri-eus- rre - requ-est f-ez- c-x- tensrle-rr- 6-r -czris- entitlefRerrt -must sae- Ria-e-e in writ=ing, at least thirty (3()+ That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than June 6, 2004, this permit shall automatically expire on that date. Abandonment of Use 6. Upen expiral.-ien of this faila-re inaegurate he pei=ffii:1c, er —t-e- - e' , the prefaises shall he— re'stere eend- itiens emisting nearly � as — praetieable. pr±erte the f the -perm, In the event that the uses for which the Industrial Planned Development Permit as approved are determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the business unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearina. Resolution No. 2002 -2034 Page 4 Code Enforcement Costs -- - - A -- -- -- - - - - The Community Development Director may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The Permittee 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 Permittee 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. All sections of the Municipal Code relating to public nuisance and City costs shall apply. LiQhtinQ Plan 44. Fefall eiEterler llghm�ing, a lighting plan shall be preps by an e- 1eetrieal engineei= roistered in the St-ate e_ shall n g eb j ee ives --- -aveid interfer n=- with feasena-b1-e --use. ef -adj eini ng--- preper-ti _ : Rii--- ---- _e --ef�- site ,l e f f site glare; previde- adequ-a:t�e en-si: e l , ght=_ ,. 4-iffli t e- leetr -e lier-s height; p r ev-id e--st r-u e t-u re s —w-h i e h—are eemp tible- -w -ith the -fetal design of the -pre pes = faeil} l The lighting plan s h l l ield e t h of e l l orrr , Resolution No. 2002 -2034 Page 5 2) feet, unless —etheL= e apprevedly -- he Diroterf r v u;}, Tl.. y e ^ rumen t. d) Energy effieient lighting deviees shall 6e pi=evided;- e) 281 minimum o f ere— and a fna Ei':Fauffi e7 tie feet ean l A lighting plan consistent with Chapter 17.30 shall be submitted and approved prior to the issuance of Zoning Clearance for new construction or relocation of any building. Roof Mounted Equipment 48. sereened —en all fetif sides by view ebsear ng— maters -tha-t- is—an integral design -- e- lement of the building. Prier to the Resolution No. 2002 -2034 Page 6 zening Giearanee the final issuanee ef— c —€e L= design feL= the eenstruetiei , tei=ials pee be— by t� er reef meunted equipment must ampr-eved T l - G l o—B3 ez }a epr-i n'Dve ' e-i n bieeball level: g shall l: these frem t� -gre, nd views —we be as f the life st e and shall fflaintaiZedEiuEinq ratruetien -Che e the , perms . material s�rrzall in mateh el and the buildings. Geier--s muteEial used the — een-struederyef building (sueh materials and appendages the as meehani building h =� equipment en— the reef, ede. ) of be the piepesed - building eempatible with existing and adjaeent Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and approved to be roof mounted by the Community Development Director. No roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) may extend above any parapet wall, unless screened on all four sides by view obscuring material that is an integral design element of the building. Prior to the issuance of a Zoning Clearance for construction, the final design and materials for the roof screen and location of any roof - mounted equipment shall be approved by the Community Development Director. All screening shall be tall enough to block all ground level views as well as those from the street and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. . . OW Resolution No. 2002 -2034 Page 7 Een-st=iFtretien Sites. This hand ,} available at the Gi4& - Ty F,Fig1-rnrs effiee anel a eepy will b be aka Ehe d t e the gib ding pei=ffilt. inlets be labeled " Do ei S} C e s} c e-r-fa -d-riaT Dump Drains te b) Ne -deei= .I ME! 11 dewed. eut vLehiele -lain: T,, shall - e\ even area p ie litter ,-..,1 r] .� h — ate d) PA 1 jae i m a-intenanee drains be HIM ez en site stei=fft appreved shall twiee J J iffhmeeliately te Oe tbei= it the a year, - - - enee ._ ... IZ Een-st=iFtretien Sites. This hand ,} available at the Gi4& - Ty F,Fig1-rnrs effiee anel a eepy will b be aka Ehe d t e the gib ding pei=ffilt. T l l inlets be labeled " Do ei S} C e s} c e-r-fa -d-riaT Dump Drains te b) Ne -deei= .I ME! 11 dewed. eut vLehiele -lain: T,, shall T l l inlets be labeled " Do ei S} C e s} c e-r-fa -d-riaT Dump Drains te b) Ne -deei= shcrl JJ . be dewed. eut vLehiele -lain: T,, shall - e\ even area p ie litter ,-..,1 r] .� h — ate d) PA 1 jae i m a-intenanee drains be Tree ez en site stei=fft appreved shall twiee J J iffhmeeliately te Oe tbei= it the a year, - - - enee prier- - en, n and Resolution No. 2002 -2034 Page 8 \ l kways, All sidewalks, wal- te ail anel parking ai=e-,s sL.-,l the ef be swept regularly litter ^'ebicis fr-efr- prevent aeeufftialatien the-- Ne and entering sterm Eirrain. systefft. if any eleanifig . t be agent used, h ' t h w e r shall: net —�e b,,t be e�} Ce rf n�r a rEje�e to the - shall Ci eharged . N e1 National Pollutant Discharae Elimination Svstem NPDES A. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. B. Prior to approval of plans for NPDES Facilities, the Permittee shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove, that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. C. The permittee shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading.During site preparation and construction, the contractor shall minimize disturbance • • National Pollutant Discharae Elimination Svstem NPDES A. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. B. Prior to approval of plans for NPDES Facilities, the Permittee shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove, that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. C. The permittee shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading.During site preparation and construction, the contractor shall minimize disturbance Resolution No. 2002 -2034 Page 9 of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Permittee shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the permittee shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the permittee in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP' s . d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (400) or higher and prior to the start of and during all grading or clearing operations until the release of aradina bonds. D. Temporary erosion control measures shall be used durin the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. Resolution No. 2002 -2034 Page 10 e. Divert runoff from graded areas, using straw bale earth, and sandbaq dikes. f. Phase the grading to minimize soil exposure during the October throuqh April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. E. The permittee shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Permittee shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. F. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irriqation and hydroseedinq on all graded areas when Resolution No. 2002 -2034 Page 11 required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. G. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee shall submit a Storm Water Pollution Control Plan ( SWPCP) to the satisfaction of the City Engineer. H. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. I. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. J. Improvement plans shall note that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks." K. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Permittee shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Permittee shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP) . L. The Permittee shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Permittee shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. Resolution No. 2002 -2034 Page 12 M. The Permittee shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." N. Prior to issuance of a grading permit, the permittee shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Permittee to provide for maintenance in perpetuity. 0. Prior to City issuance of a grading permit, the permittee shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require permittee to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. P. The project construction plans shall state that the Permittee shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. C. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. Resolution No. 2002 -2034 Page 13 No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the Countv Waterworks District No. 1. f. The City shall require that `passive" devices and BMP' s be used to comply with NPDES water quality requirements. The Permittee shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Permittee /Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Proaram. 107. The�,ppl ; . rm- shall pay a } r f f; e Faicetiggatieneee of $gig per- gress square feet ef building area te fidnd pubile stre and t1Uffiifftp1evellle dir-eetly eEindi1Z etly of fee}e y the develepFftent. Prior to Issuance of a Zoning Clearance for construction, a Citywide Traffic Mitigation Fee, in the amount of $0.50 per gross square foot of building floor area to fund public street and traffic improvements directly or indirectly affected by the development shall be paid. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. New Conditions 168. Prior to the issuance of a building permit the contractor shall provide proof to the Building Division that all contractors doing work in Moorpark have a valid Business Registration Permit. Prior to the issuance of a Zonina Resolution No. 2002 -2034 Page 14 Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 169. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 170. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. Resolution No. 2002 -2034 Page 15 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2002 -2034 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 4th day of December, 2002, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Harper, Mikos, Millhouse, Parvin WITNESS my hand and the official seal of said City this 2nd day of January, 2003. Deborah S. Traffenste , City Clerk (seal)