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HomeMy WebLinkAboutRES 1985 64 1024RESOLUTION NO. PC -85 -64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING DEVELOP- MENT PLAN PERMIT NO. DP -336 ON APPLICATION OF HARVEY MUNDEE. ASSESSOR PARCEL NO. 511- 070 -435. WHEREAS, at duly notice public hearing on September 12, 1985, September 26, 1985, October 10, 1985, the Moorpark Planning Commission considered the application filed by Harvey Mundee, approving the applicants request to continue operation of a retail rental yard and sales operation. There are presently three structures on site. An administrative sales office, repair facility and shed which contain 3900 sq. ft., 3600 sq. ft. and 946 sq. ft. respectively. The proposed project is located 875 West Los Angeles Avenue on the northwest corner of Los Angeles Avenue and Goldman Avenue. WHEREAS, the Planning Commission, after review, consideration and approval of the proposed project has determined to be categorically exempt from CEQA Guidelines under Section 15301 of Article and there- fore will not have a significant effect on the environment; and has reached its decision in the matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the findings contained the staff report dated October 10, 1985, which report is incorporated by reference as though fully set forth herein are hereby approved; SECTION 2. That at its meeting of October 10, 1985, the Planning Commission took action to direct staff to prepare a Resolution with attached staff recommended conditions, as modified, recommending approval of Development Plan Permit No. DP -336; asid Resolution to be presented for Consent Calendar action at the next regularly scheduled meeting. The action with the foregoing direction was approved by the following roll call vote; AYES: Vice - Chairman LaPerch, Commissioners Claffey, Hartley, Keenan; NOES: None; ABSTAIN: None; ABSENT: Commissioner Holland. PASSED, APPROVED AND ADOPTED this 24 day of October, 1985. ATTEST: Acting Secretary -Ch irman \ CONDITIONS FOR: APPLICANT: DATE: PLANNING DIVISION CONDITIONS: DEVELOPMENT PLAN PERMIT NO. DP -336 Harvey Mundee October 10, 1985 - Page 1 1. That the permit is granted for the land and project 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 shown on the approved plot plans and elevations. 2. That the development is subject to all applicable regulations of the "M -2" 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 this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may: -at his discretion grant one (1) additional year extention for use inauguration if there have been no changes in the adjacent areas and if permittee has dilligently worked toward inauguration of use during the initial one year period. 4. That this permit is subject to review after 18 months from Planning Commission approval, at which time the applicant must file a Minor Modification for design approval to include fencing, landscaping and drainage capability. At the end of this time the Director of Community Development will determine if the building site is ­ in compliance with State, County and City authorities and all other conditions of said permit. 5. That all equipment will be stored in the rear of the building and in a down position so as to be obscured from Los Angeles Avenue. 6. 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. 7. That no conditions 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. 8. That if any of the conditions or limitations of this development plan are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. that prior to construction, a Zone Clearance shall be obtained from the Planning Division and Building Permit shall be obtained from the Building & Safety Division. CONDITIONS FOR: DEVELOPMENT PLAN PERMIT NO. DP -336 APPLICANT: Harvey Mundee DATE: October 10, 1985 - Page 2 PLANNING DIVISION CONDITIONS: 9. That prior to the issuance of a Zone Clearance, a landscaping and planting plan (3 sets), together with specification and maintenance program, prepared by a State Licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Director of Community Development and Planning Commission 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. 10. That all turf plantings associated with this project shall be drought tolerant, low -water using variety. 11. That trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building. 12. That all utilities shall be underground. 13. That all parking shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, stripping and appropriate wheel blocks, curbs or posts in parking areas. 14. That signs are subject to the City of Moorpark Ordinance Code, Article 24, Sign Ordinance. A sign permit is required. 15. That no later than ten (10) days after any change of property owner or of leasee 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) leasee or operators(s), together with a letter from any such person(s), acknowledging and agreeing to comply with all conditions of this permit. 16. 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 of Moorpark because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court cost which the City may be required by 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 obligation under this condition. CONDITIONS FOR: APPLICANT• DATE: PLANNING DIVISION CONDITIONS: DEVELOPMENT PLAN PERMIT NO. DP -336 Harvey Mundee October 10, 1985 - Page 3 17. That permittee's acceptance of this permit and /or operation under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 18. That disposal of all potentially hazardous wastes shall be by a means approved by the VenturaCounty Environmental Health Division, and to include State and Federal agencies. 19. Prior to occupancy by tenant or subsequent owner that would employ or dispose of toxic or hazardous waste a Major Modification shall be processed and filed. 20. 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 and defects in ground maintenance, ad indicated by the City Inspector within thirty (30) days after noti- fication. CONDITIONS FOR: APPLICANT• DATE: CITY ENGINEER CONDITIONS: DEVELOPMENT PLAN PERMIT NO. DP -336 Harvey Mundee October 10, 1985 - Page 4 21. That prior to zone clearance, the developer shall submit to the City of Moorpark for review and approval, street improvement 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. 22. Delete. 23. 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. 24. That prior to zone clearance, the developer shall demonstrate feasible access with adequate protection from a 10 year frequency storm to the satisfaction of the City of Moorpark. 25. That prior to zone clearance, the developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water well(s) 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. 26. That prior to zone 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. CONDITIONS FOR: APPLICANT• DEVELOPMENT PLAN PERMIT NO. DP -336 Harvey Mundee DATE: October 10, 1985 - Page 1 CITY ENGINEER CONDITIONS: 27. That prior to zone clearance, the developer shall submit to the City of Moorpark for review and approval, evidence that all the build- able sites in the subdivision will be protected from flooding. 28. That prior to zone clearance the developer shall submit to the City of Moorpark for review and approval, evidence that the owner will include provisions for maintenance of the drainage ditch along northerly property line. A temporary drainage ditch, subject to the approval of the City Engineer, may be constructed as an interim condition to facilitate drainage on the property. Permanent drainage facilities shall be constructed no later than 18 months from approval of this Devel- opment Plan. CONDITIONS FOR: r APPLICANT: DATE: SHERIFF'S DEPARTMENT CONDITIONS: DEVELOPMENT PLAN PERMIT NO. DP -336 Harvey Mundee October 10, 1985 - Page 6 29. Address will be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 30. Address numbers will be a minimum of 6: in height and illuminated during the hours of darkness, if business hours extend into nighttime. 31. Parking lots will be well lighted with a minimum maintained one -foot candle of light at ground level. 32. Lighting devices will be protected against the elements and constructed of vandal resistant materials. 33. Light devices will be high enough as to eliminate anyone on cnu ground from tampering with _them. That all parking areas shall be provided with '. • lighting system capable of illuminating the parking surface with • minimum of one foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and break- age resistant covers. CONDITIONS FOR: APPLICANT• DATE: DEVELOPMENT PLAN PERMIT NO. DP -336 Harvey Mundee October 24, 1985 REVISED /MODIFIED /DELETED CONDITIONS Condition No. 5 That all equipment will be stored in the rear of the building and in a down position so as to be obscured from Los Angeles Avenue. Condition No. 9. The applicant is to provide temporary (planters) landscape and planting which shall be submitted to the Director of Community Development and the Planning Commission for approval. At the end of 18 month period a landscaping and planting plan (3 sets), together with specification and maintenance program, prepared by a state Licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Director of Community Development and Planning Commission 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. Condition No. 12 That all utilities shall be underground. At such time any Building Permits are required for construction. Condition No. 14 That signs are subject to the City of Moorpark Ordinance Code, Article 24, Sign Ordinance. A sign permit is required (immediate compliance and 2 - 4 week return to Planning Commission for approval). Condition No. 21 Delete. Condition No. 22 Delete.