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HomeMy WebLinkAboutRES 1984 22 0724RESOLUTION NO. PC -84 -22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE MITIGATED NEGATIVE DEC- LARATION, AND APPROVAL OF PLANNED DEVELOPMENT PERMIT NO. PD -992 ON APPLICATION OF ED NEWHART. WHEREAS, on June 26, July 10, and July 24, 1984, duly noticed public hearings were held by the Planning Commission of the City of Moorpark, California, on the matter of the Mitigated Negative Declaration, and Planned Development Permit No. PD -992, on application of Ed Newhart; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Moorpark, California, does hereby declare that, after review and consideration, the Mitigated Negative Declaration be approved and; BE IT FURTHER RESOLVED that the Planning Commission does hereby adopt the findings proposed by staff and approve subject to the attached conditions Planned Development Permit No. PD -992 for the construction of a 3,008 square foot building to be used for the retail sale of tires and minor auto repair services, located at 460 High Street in said city in that it is deemed appropriate and compatible with the requirements of the City General Plan and Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 24th day of July 1984 . Secretary APPROVED BY THE PLANNING COMMISSION, RESO. PC -84 -22 CONDITIONS FOR: Planned Development APPLICANT: Ed Newhart No. PD -992 DATE: June 26, 1984 PAGE: 1 PLANNING DIVISION CONDITIONS: 1. That the permit is granted for the land and project as shown on the plot plan(s) and elevations labeled Exhibits "A" and "B ", except or unless indicated otherwise herein. All previous Planning Division permits on this site are null and void. 2. That the development is subject to all applicable regulations of the "C -P -D" (Commercial Planned Development) zone and all agencies of the State, Ventura County, City of Moorpark and any other governmental entities. 3. That the location and design of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be as shown on the plot plan(s) and elevations labeled Exhibits "A" and "B" , except or unless indicated otherwise herein. 4. That unless the use is inaugurated not later than one year after the date this permit is granted, this permit shall automatically expire on that date. The Planning Director may, at his discretion, grant one additional six month extension for use inauguration if there have been no changes in the adjacent areas, and if permittee has diligently worked toward inauguration of use during the initial one year period. S. That the permit shall expire when the use for which it is granted is discontinued for a period of one hundred and eighty (180) consecutive days or more. 6. That any minor changes may be approved by the Planning Director upon the filing of a Minor Modification application, but any major changes will require the filing of a Major Modification application to be considered by the Planning Commission. 7. That all facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the Planning Commission. 8. That the design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 9. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 10. That if any of the conditions or limitations of this Planned Development Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. r- -AK =8rr (0 CONDITIONS FOR: Planned Development APPLICANT: Ed Newhart No. PD -992 DATE: June 26, 1984 PAGE: 2 11. That prior to construction, a Zone Clearance shall be obtained from the Planning Division and a Building Permit shall be obtained from the Building and Safety Division. 12. That prior to the issuance of a Zone Clearance, a landscaping and planting plan (three sets), together with specifications and a maintenance program, prepared by a State licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Planning Commission for approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by Resolution No. 222 of the Board of Supervisors. All landscaping and planting shall be completed and approved prior to the inauguration of use of this permit. Said landscape plans shall incorporate the use of appropriate landscaping which upon maturing will provide a visual screen of the service bays from High Street. 13. That continued landscape maintenance 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 City inspector, within two weeks after notification. 14. That the final design of buildings, walls, fences, and light standards, including materials and colors, is subject to the approval of the Planning /- Commission. 15. That all roof mounted equipment (vents, stacks, blowers, air conditioning equipment) that may extend above the parapet wall shall be enclosed on all four sides by suitable screening or fencing. Said screening material shall be of similar material used in the construction of the parent building. Prior to issuance of a Zone Clearance, the final design and location of all roof mounted equipment and screening shall be subject to the approval of the Planning Commission. 16. That trash disposal areas shall be provided in locations which will not interfere with circulation parking or access to the building, and shall be screened with a six (6) foot high solid fence or wall enclosure. Final - design of said enclosure shall be subject to the approval of the Planning Commission. 17. That all utilities shall be placed underground. 18. That no parking space shall be located within ten (10) feet of a vehicular entrance to the property; that all areas shown as parking areas shall be surfaced with asphaltic concrete and shall be suitably marked, outlining individual parking spaces and traffic flow. 19. That all required yards, fences, parking areas, storage areas, operations yards, and other uses on the site shall be improved as required by these regulations and shall at all times be maintained in a neat and orderly manner appropriate for the "C -P -D" zone. CONDITIONS FOR: Planned Development APPLICANT: Ed Newhart No. PD -992 DATE: June 26, 1984 PAGE: 3 20. That prior to the issuance of a zoning clearance, plans shall be submitted to the Planning Director for his review, showing the relocation of the proposed screen wall located adjacent to High Street. The purpose of the wall relocation is to provide adequate site - distance for pedestrians to clearly see any vehicle entering or leaving the property (Moorpark Zoning Ordinance Section 8161- 3.4.4). 21. That all auto repair and tire installation operations shall be conducted with the permitted building. Storage of all merchandise shall also be confined to the interior of the building at all times. 22. That signs are subject to Moorpark City Ordinance Code, Article 24, Sign Ordinance. A sign permit is required. 23. That no later than ten (10) days after any change of property ownership or of lessee(s) or operator(s) of the subject use, there shall be filed with the Planning Director the name(s) and address(es) of the new owaer(s), lessee(s), or operator(s), together with a letter from any such person(s), acknowledging and agreeing to comply with all conditions of this permit. 24. That if, in the future, any use or uses are contemplated on the site differing from that specified in this permit, that either the permittee, r owner, or each prospective tenant shall file a project description of an official Planning Division application prior to the execution of the new lease agreement or the initiation of the use. A review by the Planning Director will be conducted to determine if the proposed use is compatible with the zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent unless a minor or major modification is required, in which case, all applicable fees and procedures shall apply. 25. That the permittee agrees as a condition of issuance (or renewal) and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or, in the alternative, to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action. City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligations under this condition. 26. That permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. ENVIRONMENTAL HEALTH CONDITIONS: 27. That disposal of all potentially hazardous wastes, including waste oil, radiator coolant and cleaning solvents shall be by a means approved by the /'-' Ventura County Environmental Health Department. CONDITIONS FOR: Planned Development APPLICANT: Ed Newhart No. PD -992 r- DATE: June 26, 1984 PAGE: 4 28. That in order to protect the public safety and prevent groundwater pollution, any abandoned wells on the property shall be destroyed in accordance with the Ventura County Well Ordinance prior to occupancy. 29. That prior to issuance of building permits, the applicant shall demonstrate the availability of domestic water by submitting a "will- serve" letter from a domestic water purveyor licensed by the Ventura County Environmental Health Department or the State of California Department of Public Health to the Ventura County Environmental Health Department and the Ventura County Public Works Agency. 30. That at the time water service connection is made, cross - connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 31. That prior to issuance of building permits, a "will- serve" letter shall be obtained for sewage service. Said letter shall be filed with the Ventura County Environmental Health Department and the Ventura County Public Works Agency. FIRE DEPARTMENT CONDITIONS: 32. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design, and shall have one 4" and 2 2h" outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24" on center, recessed in from the curb face. 33. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 2,000 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 34. That a minimum individual hydrant flow of 1,250 gallons per minute shall be provided at this location. 35. That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are CONDITIONS FOR: Planned Development APPLICANT: Ed Newhart No. PD -992 DATE: June 26, 1984 PAGE: 5 distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 36. That fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Prevention Bureau, 37. That roofing material shall be any fire retardant roofing as defined by the Uniform Building Code. 38. That a plan be submitted to the Fire Prevention Bureau for approval depicting the quantity and design of fire storage in the proposed building. PUBLIC WORKS AGENCY CONDITIONS: 39. That prior to the issuance of a Zoning Clearance, the permittee 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 Avenue Improvement Area of Contribution applicable rate at the time the Zoning Clearance is A" issued. 40. That prior to the issuance of a Zoning Clearance, the permittee shall submit to the City of Moorpark for review and approval, improvement plans for the 30 -foot access driveway in accordance with Plate E -2 of the Ventura County Road Standards, concrete curb and gutter as determined by the City, and an 8 -foot sidewalk adjacent to curb and along the entire proposed pnject site prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Pursuant to Plate E -2, the 30 -foot access driveway shall be installed a minimum of 4 -feet from the existing power pole. 41. That prior to any work being conducted within the State or City right of way, the permittee shall obtain an Encroachment Permit from the appropriate agency. SHERIFF'S DEPARTMENT CONDITIONS: 42. That all parking aras shall be provided with a lighting system capable of illuminating the parking surface with a minimum of one foot candle of light. Walkways, aisles and passageways shall be provided with a lighting system capable of illumination with an intensity of at least .25 candle at the ground level. All exterior doors shall be capable of being illuminated during the hours of darkness with a minimum of one foot candle of light. All exterior lighting devices shall be protected by weather and breakage resistant covers. CONDITIONS FOR: Planned Development APPLICANT: Ed Newhart No. PD -992 DATE: June 26, 1984 PAGE: 6 t^ 43. That landscaping near driveways and within the parking lots shall not interfere with ingress, egress, and internal circulation sight distance. High canopy trees shall be used in the planter areas located within the entrance driveways. ADDITIONAL PLANNING COMMISSION CONDITIONS 44. That the hours of operation shall be limited to the following: Monday - Friday 8:00 - 8:00 p.m. Saturday 9:00 - 6:00 p.m. Sunday 12:00 - 6:00 p.m. 45. That a block wall shall be provided along the western property line. 46. That no used tires may be stored on the premises for more than 48 hours. 47. That no tires be stored outside of building, except in the trash enclosure area and -fir be no higher than on foot below the top of the storage area enclosure. �1 /589 48. That this %rmit is granted for a period of five (5) years ending July 24, /1"Ar. At the end of this five year period the owner shall file a Major Modification Application for this permit to be considered by the Planning Commission. The purpose of this Major Modification is to provide the City with the opportunity to evaluate this project in terms with its compatibility with surrounding land uses and plans.