HomeMy WebLinkAboutRES 1984 31 1113�--, RESOLUTION NO. PC -84 -31
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING THE
MITIGATED NEGATIVE DECLARATION AND APPROVING
PLANNED DEVELOPMENT PERMIT NO. PD -1040 ON
APPLICATION OF TOM SCHLEVE.
WHEREAS, at a duly noticed public hearing on
October 30, 1984 and November 13, 1984, the Moorpark
Planning Commission considered the subject application
for approval to convert three (3) existing non - conforming
residential structures to commercial uses and total of
2,763 square feet of commercial space. The proposed project
is located on the northeast corner of Magnolia Ave. and
High Street. (AP No. 512- 081 -170; 512- 081 -180); and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
Section 1. That this body, after review and consider-
ation of the information contained in the Mitigated Negative
Declaration, finds that this project will not have a significant
effect on the environment, and approves the Mitigated
Negative Declaration.
SECTION 2. The Planning Commission
contained in the staff report dated October
November 13, 1984, which report is incorpor
reference as though fully set forth herein.
SECTION 3. The Planning Commission
approves PD -1040 subject to compliance with
attached hereto.
adopts the findings
30, 1984 and
ated herein by
hereby conditionally
all the conditions
PASSED, APPROVED AND ADOPTED this 13th day of
November 1984.
Secretary
October 30, 1984
CONDITIONS FOR: PD -1040
ADOPTED BY Planning Commission Resolution No. PC- 84 -31,
— APPLICANT: Mr. Tom Schleve on November 13, 1984.
P. 0. Box 610
Moorpark, Ca. 93021
PLANNING DIVISION CONDITIONS:
1. That the permit is granted for the land and project
as shown.on the plot plan(s) and elevations labeled
Exhibit Nos.•4 & 5, 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 zone and all agencies of the'City
Of Moorpark, the County of Ventura, the State of
California, 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 Exhibit Nos. 4& 5, except
or unless indicated otherwise herein.
4. That unless the use is inaugurated not
(1) year after the date this permit is
permit shall automatically expire on t
Director of Community Development may,
grant one additional extension for use
permittee has diligently worked toward
use during the initial period.
later than one
granted, this
hat date. The
at his discretion,
inauguration if
inauguration of
5. 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 Director
Of Community Development 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.
%. That .a11 facilities .and uses of -her t t&-n -t-410-se Specifi-ca -Y-1-p
requested in the application are prohibited unless a
modification application has been approved by the Director
Of Community Development. The C -2 zoning allows office
and resale sales which are delineated in Article 11 of
the General Commercial C -2 Zoning Ordinance for the
Citv of Moorpark.
CONDITIONS: PD -1040
Pate 2
Adopted November 13, 1984, by Planning Commission Resolution No.
8. That the design, maintenance, and operation of the PC -84 -31
permit area and facilities thereon -shall comply with
all applicable requirements and enactments of Federal,
State, County, and City authoi'itiee, -•and all such
requirements -a-nd- enactments shall, by reference,
become conditions of this permit.
9. That no condition of this entitlement shall be interpreted
as permitting or requiring any violations of law, or any
unlawful 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 preced-
ence.
10. 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.
11. SEE Page 1 of Erata Sheet attached.
12. 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 (2) weeks after notification.
13. SEE Page 1 of Erata Sheet attached.
14. 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
su-it"1'e s*tie €ning Or Fencing. Said stT'rW-LrW1Wg maY`erlaT
shall be of similar material used in the construction
of the parent building. Prior to issuance of a Zoning
Clearance, the final design and location of all roof -
mounted eauioment and screening shall be subject to
to the approval of the City Planning Commission.
CONDITIONS: PD -1040
P as g-�- --
Adopted November 13, 1984, by Planning Commission Resolution No. PC -84 -31
15. 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 six
(6) foot high solid fence or wall enclosure. Final
design of said enclosure shall be subject to the
approval of the Planning Commission.
16. SEE Page 1 of Erata Sheet attached.
17. That all parking areas shall be surfaced with asphalt
or concrete and shall include adequate provisions for
drainage, striping and appropriate wheel blocks, curbs
or posts in parking areas adjacent to landscape areas.
18. 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 Director of
Community Development the name(s) and address(es) of the
new owner(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.
19. 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, 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 Director of Community Development 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.
20. That prior to the issuance of a Zone Clearance, the
permittee shall request the Ventura County Assessor's
Office to merge the two subject parcels (NOS.512 -081 -170 & 512 - 081 -180)
into one Assessor's Parcel number.
21. That the permittee agrees as a condition of issuance
(or renewal) and use of this permit to defend, at his
sole expense, anv action brought against the Citv
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. The City
may, at its sole discretion, participate in the defense
CONDITIONS: PD -1040
Page 4
Adopted November 13, 1984, by Planning Commission Resolution No. PC -84 -31
of any such action, but such participation shall not
relieve permittee of his obligations under this
condition.
22. 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.
CITY ENGINEER'S CONDITIONS:
23. SEE Page 1 of Erata Sheet attached.
24. SEE Pages 1 and 2 of Erata Sheet attached.
25. That prior to any work being conducted within the
State or City right —of —way, the developer shall
obtain an Encroachment Permit from the appropriate
agency.
26. That prior to issuance of a building permit, the
developer shall indicate in writing to the City of
Moorpark, the disposition of any other waterwells
that may exist within the site. If any wells are
proposed to be abandoned, or if they are abandoned
and have not been properly sealed, they must be
destroyed per Ventura County Ordinance No. 2372.
CONDITIONS: PD -1040
P a g-,--- 5 —
Adopted November 13, 1984, by Planning Commission Resolution No. PC -84 -31
COUNTY FIRE DEPARTMENT'S CONDITIONS:
27. Any gates, to„control..yehicle a.aceae,..are_to..be
located to allow ^a° °vehicle waitingt'for entrance to be
completely off the public roadway. If applicable,
it is recommended that the gate(s) swing in both
directions. The method of gate control shall be
subject to review by the Bureau of Fire Prevention.
28. SEE Page 2 of Erata Sheet attached.
29. That the minimum fire flow required is determined by
the type of building constr4tion proximity to other
structures. Fire walls and fire protection devices
provided as specified by the I.S.O. Guide for Determin-
ing Required Fire Flow.
30. That address numbers,.a minimum of 6 inches high shall
be installed prior to occupancy, shall be of contrast-
ing color to the background, and shall be readily
visible at night. Where structures are set back more
than 250 feet from the street, larger numbers will
be required so that they are 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.
31. That a plan shall be submitted to the Ventura County
Bureau of Fire Prevention for review indicating
the method in which buildings are to be identified
by address numbers.
32. That fire extinguishers shall be installed in accordance
with National Fire Protection Pamphlet k10. The place-
ment of extinguishers shall be reviewed by the Fire
Prevention Bureau.
CONDITIONS: PD -1040
Pa(ge 6
Adopted November 13, 1984, by Planning Commission Resolution No. PC- 84-31
COUNTY SHERIFF'S DEPARTMENT'S CONDITIONS:
33. Well- lighted parking lot with minimum one -foot candle
of light average at ground level.
34. Lighting devices should be protected against weather
elements and breakage by vandals.
35. Lighting devices should be high enough as to eliminate
anyone on the ground from tampering with them.
36. All exterior doors and windows should be well-lighted
during hours of darkness especially during non - working
hours.
37. SEE Page 2 of Erata Sheet attached.
ADDITIONAL PLANNING COMMISSION CONDITIONS.
38. SEE Page 2 of Erata Sheet attached.
39 SEE Page 2 of Erata Sheet attached.
d
Modified Conditions
PD -1040
November 13, 1984
Adopted by Planning Commission Resolution No. PC -84 -31
11. That prior to occupancy, a landscaping
and planting plan (3 sets), together with specifications and
maintenance program following the intent of County Guidelines
for Landscape Plan Check, shall be approved by the Planning
Commission. The required landscaping plan need not be pre-
pared by a licensed landscape architect, nor reviewed by one.
The applicant shall bear the total cost of such review and
final installation inspection. The landscaping and planting
plan shall be accompanied by a fee specified by the City of
Moorpark. All landscaping and planting shall be completed
and approved prior to the inauguration of use of this permit.
13. That the final design of buildings, walls, fences, light
standards, block wall east of property line, including
materials and colors, must be both completed within 24
months and subject to the approval of the Planning
Commission.
16. That prior to the issuance of a zone clearance, the appli-
cant, on behalf of himself and his successors and assigns,
agrees not to protest or other contest, and shall consent
to, the formation of an assessment district which may be
established by the City of Moorpark for the purpose of
undergrounding utilities.
23. That the parking lot shall be constructed with a minimum
thickness of three (3) inch asphalt cement and parking lot
slope. (Minimum shall not be less than .8%)
24. That prior to issuance of a clearance for occupancy, the
developer shall submit to the City street improvements plans
prepared by a registered Civil Engineer, shall enter into an
agreement with the City to complete the improvements, and
shall post sufficient security guaranteeing the construction
of the improvements.
The improvements shall include sidewalks and streetlights,
in accordance with the Ventura County Road Standards. The
applicable Road Standard Plates are as follows:
25 foot driveway per Plate E -2C Plate for Magnolia Street
35 foot radius curb return per Plate D -12
Sidewalk per Plate E -5
�-. Curb and Gutter per Plate E -4
Handicapped Ramp per Plate E -8
ERATA SHEET - Page 1
r-
f
Modified Conditions
PD -1040
November 13, 1984
Adopted by Planning Commission Resolution No. PC -84 -31
24. (Continued)
Improvements are to be completed as follows:
-- All sidewalks prior to occupancy
-- Any street lights, curb, gutter, permanent street
paving shall be completed prior to occupancy of
Building "B" or within six months of Building "A ",,
whichever comes first
28. That the existing Fire Hydrant conform to the minimum standards
of the Ventura Waterworks manual.
(a) That the hydrant shall be a 6 -inch wet barrel design, and
shall have one (1) 4 -inch and two (2) 2h -inch outlets.
(b) The required Fire Flow shall be achieved at no less than
20 psi residual pressure.
37. All exterior doors should be of a solid core wood (except
glass windows) with minimum one -inch dead bolt locks.
ADDITIONAL PLANNING COMMISSION CONDITION
38. The developer shall enter into an agreement which shall be
recorded as a covenant running with the land, obligating the
developer to perform the conditions of approval specified
herein. Furthermore, the developer shall post security in
a form and amount sufficient to guarantee the developer's
performance under this agreement.
39. That prior to the issuance of a zone clearance, the applicant
on behalf of himself and his successors and assigns, agrees
not to protest or otherwise contest, and shall consent to,the
formation of a Mello -Roos Community Facilities District which
may be established by the City of Moorpark for the purpose of
providing police protection and /or civic governmental
facilities.
ERATA SHEET - Page 2