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HomeMy WebLinkAboutRES 1985 38 0212rr RESOLUTION NO. PC -85 -38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PLAN PERMIT NO. DP -311 ON APPLICATION OF DON SCANLIN. WHEREAS, at a duly notice public hearing on February 12, 1985, the Moorpark Planning Commission considered the subject application for approval to construct a 76,185 square foot industrial building located adjacent and east of Moorpark road and Flinn Avenue (AP No. 512 - 171 -20 & 21). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That this body, after review and consideration of the information contained in the Mitigated Negative Declaration, finds that this project will not have a significant effect on the environment. SECTION 2. The Planning Commission adopts the findings contained in the staff report dated February 5, 1985, which report is incorporated herein by reference as though fully set forth herein. SECTION 3. The Planning Commission hereby recommends to the City Council conditional approval of DP -311, subject to compliance with all the conditions attached hereto. PASSED, APPROVED AND ADOPTED this 12th day of February, 1985. ATTEST: ;01 SECRETARY STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, NIALL FRITZ, Secretary of the Planning Commission of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. PC -85 -38 was adopted by the Planning Commission of said City at a regular meeting thereof held on the 12 day of February 1985 and that the same was adopted by the following vote, to wit: AYES: 5 NOES: 0 ABSENT: 0 WITNESS my hand this 12 day of February 1985 Secretary CONDITIONS FOR: APPLICANT: T PLANNING DIVISION DEVELOPMENT PLAN PERMIT - DP 311 Donald Scanlin 540 Del Oro Drive Ojai, California 93023 1. That the permit is granted for the industrial facilities shown on the plot plan(s) and elevations labeled Exhibits "3" and "4 ", except or unless indicated otherwise herein. That the location and design of all site improvements shall be as shown on the approved plot plans and elevations. 2. That the development is subject to all applicable regula- tions of the "M -1" (Light Industrial) zone and all agencies of the State of California, County of Ventura, City of Moorpark and any other governmental entities. 3. That unless the use is inaugurated not later than one (1) year after the date this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one additional one (1) year 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. 4. That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modifica- tion application, but any major changes will require the filing of a Major Modification to be considered by the City Planning Commission. 5. 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 authorties, and all such requirements and enactments shall, by reference, become conditions of this permit. 6. That no condition of this entitlement shall be interpreted as permitting or requiring any violation 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 precedence. 7 That if any of the conditions or limitations of this dev- elopment plan are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. CONDITIONS: DP 311 Page -2- 8. That prior to construction, a Zoning Clearance shall be ob- tained from the Planning Division and a Building Permit shall be obtained from the Building and Safety Division. 9. That prior to the issuance of a Zoning Clearance, a land- scaping 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 sub- mitted to the Director of Community Development for approval. The applicant shall bear the total cost of such review and of final installation inspection. The land- scaping and planting plan shall be accompanied by a fee specified by the City of Moorpark. All landscaping and planting shall be accomplished and approved prior to the inauguration of use of this permit. Meandering sidewalk shall be shown on the final landscaping plans. 10. The the final landscape plans shall provide for a 50% shade coverage within all parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50% maturity. Landscaping and irrigation shall be provided to the curb. 11. That all turf plantings associated with this project shall be a drougkt tolerant, low water using variety. 12. That the final design of site improvements, including materials and colors, is subject to the approval of the Planning Commission. 13. 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 Zoning Clearance, the final design and location of the project must be approved by the City Planning Commission. 14. That trash disposal areas shall be provided in a location 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 City Planning Commission. 1S. That all utilities shall be placed underground. CONDITIONS: DP -311 Page -3- 16. 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. 17. That signs are subject to the City of Moorpark Ordinance Code, Article 24, Sign Ordinance. A sign permit is required. 18. Roof design and construction shall include a minimum six inch extension of the parapet wall above the highest point of the roof. 19. That no later than ten (10) days after any change of proper- ty 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. 20. That the permittee agrees as a condition of issuance 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 our court to pay as a result of any such action. The 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 conditon. 21. That permit-tee's acceptance of this permit and /or operations under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 22. That disposal of all potentially hazardous wastes shall be by a means approved by the Ventura County Environmental Health Division. 23. 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. 24. That the continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in maintenance as indicated by the City inspector within 30 days after notification. r•^ CONDITIONS: DP -311 Page -4- 25. -Prior to issuance of a Zone Clearance, a "Will Serve" letter from water and sewer service will be obtained from Ventura County Waterworks District. 26. Prior to issuance of a Zone Clearance, the developer shall obtain a "District Release" from Calleguas Municipal Water District indicating payment of the District's Capital Con- struction charges. 27. The well site located in the Southwest quadrant of DP -311 is to be retained for 1) irrigation of landscaping and 2) as a data point for Ventura County's well monitoring program. Subsequent discontinuance of the well for either or both purposes shall cause the well to be abandoned in accordance with Ventura County's Well Ordinance. The final design of the well site "cellar" shall be subject to approval by the Director of Community Development. 28. A reciprocal agreement for parking and access shall be pre- pared by the Developer for both DP -311 and DP -314. Such agreement shall permit unrestricted use of the major access corridor and the reasonable use of unused parking on either side. The City shall be made a party to this agreement, which shall not be amended or abrogated without City approval. The reciprocal agreement document shall be recorded. CITY ENGINEER: 29. That prior to zoning clearance the Developer shall submit to the City of- Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit; and shall post sufficient surety guaran- teeing completion. 30. That prior to zoning clearance the Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Report. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 31. That prior to zoning clearance the Developer shall submit to the City of Moorpark for review and approval, street im- provement plans 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. The improvements shall include concrete curb and gutter, meandering sidewalk, street lights, and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: CONDITIONS: DP -311 Page -5- Driveways are to be constructed as follows: Driveway on Minor Street and northerly driveway on Moorpark Road per modified Plate E -2 being 35' wide with 20' radius curb returns. Driveway on Flinn Avenue per modified Plate E -2 being 30' wide with 20' radius curb returns. Southerly driveway on Moorpark Road per modified Plate E -.2 being 70' wide with 20' radius curb returns. Moorpark Road - Plate B -2B - Modified - Meandering sidewalk 5' wide. Minor and Flinn Streets B -31) - Modified - Sidewalks deleted. The developer shall construct an 8 ft, wide A.C. sidewalk from the northerly terminus of the P.C.C. sidewalk to the r southerly terminus of the existing P.C.C. sidewalk on the north side of the Southern Pacific Railroad tracks. 32. That prior to any work being conducted within the State or City right -of -way, the developer shall obtain an Encroach- ment Permit from the appropriate Agency. 33. That prior to zoning clearance the Developer shall deposit with the City of Moorpark a contribution for the Los Angeles Avenue Improvement Area of Contribution. 34. That prior to zoning clearance the Developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other 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. 35. If any of the improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Govern- ment Code Section 6457. a. Notify the City of Moorpark (hereafter "City ") in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; r CONDITIONS: DP -311 Page -6- b. Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the re- quirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. 36. That prior to zoning clearance the Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 37. That prior to zoning clearance the Developer shall submit to the City of Moorpark for review and approval, evidence that the building site will be protected from flooding. 38. Developer shall pay all energy costs associated with any new street lighting for a period of one year from the initial energizing of the street lights. 39. The Developer shall locate and identify pavement and curb sections within the adjacent public streets which are in need of repair or replacement. The City Engineer will verify these locations and prepare a map indicating location and extend of repairs. Prior to obtaining a building permit, the Developer shall repair /replace the street and curb section as determined by the City Engineer. Repair /replacement may be delayed - at the discretion of the City Engineer - until prior to building clearance by the Department of Building and Safety. CONDITIONS: DP -311 Page -7 COUNTY FIRE DEPARTMENT 40. That access roads shall be installed with an all- weather surface, suitable for access by fire department apparatus. 41. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches (13'6 "). 42. Any gates, to control vehicle access, are to be located to allow a vehicle waiting 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. 43. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 inch and one 2k inch 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 recesed in from curb face 24 inches at center. 44. That the minimum fire flow required is determined by the type of building construction, proximity to other struc- tures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determinin Re uired Fire Flow. Given the present plans an in ormation, t e require fire flow is approximately 2250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 45. That a minimum individual hydrant flow of 1250 gallons per minute shall be provided at this location. 46. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, accord - ing to the Ventura County Weed Abatement Ordinance. CONDITIONS: DP -311 Page -8- 47. 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 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. 48. 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. 49. That building plans of all "H" occupancies shall be sub- mitted to the Ventura County Bureau of Fire Prevention for review. 50. 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 i Prevention Bureau. 51. That the building(s) are to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the.Ventura County of Fire Prevention for review. - 52. That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of Fire Preven- tion. 53. That roofing material shall be any fire retardant roofing as defined by the Uniform Building Code. 54. OTHER: Onsite Fire Hydrants required. 55. Any gates to control vehicle access are to be located to allow a vehicle waiting 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. COUNTY SHERIFF'S DEPARTMENT 56. That all parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum of one foot candle of light. All exterior lighting devices shall be protected by weather and breakage resistant covers. CONDITIONS: DP -311 Page -9- 57. All exterior doors and windows should be well - lighted during hours of darkness especially during non - working hours. 58. All exterior doors should be of a solid core wood or metal construction with minimum one -inch dead bolt locks. 59. There should not be an easy exterior access to the roof area i.e., ladders, trees, or nearby high walls. 60. That landscaping near driveways and within the parking lot shall not interfere with ingress, egress, and internal cir- culation sight distance. 61. All driveway entrances /exits off from the surface streets (excluding the main entrance) should be a minimum of thirty (30) feet in width with radius curb returns. ADDITIONAL PLANNING COMMISSION CONDITIONS 62. That prior to the occupancy of this building by any tenant, either the owner or prospective tenant shall file a modification application for this permit. The purpose of the modification shall be to determine if the proposed use is compatible with the existing zoning and terms and conditions of this permit. 63. That prior-to occupancy, all improvements, including land- scaping but with the exception of improvements within the Southern Pacific Rail Road right -of -way bordering Moorpark Road, Flinn Avenue, and Minor Street shall be completed. 64. That prior,to zone clearance the applicant shall enter into a maintenance agreement for the vacant portions of LDM -4.