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HomeMy WebLinkAboutRES 1991 235 0415RESOLUTION NO. PC -91 -235 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION (MND AND APPROVAL TO THE CITY COUNCIL OF THE INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. IPD -90 -15 ON THE APPLICATION OF LITTON INDUSTRIES. WHEREAS, at duly noticed public hearing on April 1, and April 15, 1991, the Planning Commission considered the Industrial Planned Development Permit No. IPD -90 -15 for the construction and operation of a 176,000 square foot building for administration and research an development purposes, located on the east side of Los Angeles Avenue, between Condor Drive South and Condor Drive North and north of an existing residential neighborhood in the City of Moorpark; and WHEREAS, at its meeting of April 1, 1991, the Planning Commission opened the public hearing, and took testimony form all those wishing to testify and then close the public hearing on April 1, 1991, continued the matter to April 15, 1991; and WHEREAS, the Planning Commission after review and consideration of the information contained in the Staff Report dated April 1, 1991 and April 15, 1991 and the draft Mitigated Negative Declaration (MND) prepared for the proposed project has reached a decision in the matter; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of the California Environmental Quality Act (CEQA Division 13 of the Public Resources Code of the State of California), the Planning Commission of the City of Moorpark determines that the environmental issues, effects and mitigation of the proposed project are similar to those addressed in the Draft MND prepared for the proposed project and that cumulative impacts are adequately addressed in the Draft MND. SECTION 2. That the Planning Commission recommends conditional approval to the City Council of the following: a. The certification of the draft MND for the Industrial Planned Development No. Resolution No. PC -91 -235 page 2 IPD -90 -15 pursuant to the findings in the staff report dated April 1, 1991, and subject tot he conditions of approval contained in the staff report dated April 1, 1991, and additional conditions and amendments to conditions of approval by the City Engineer and Community Development Department and agreed to by the applicant as stated at this Planning Commission meeting (Exhibit "A" and Addendum to Exhibit "A "). b. Certification of the Mitigation Monitoring Plan for the draft MND, which are incorporated herein by reference as though fully documented. C. Approves the Findings as required under Section 21081 of CEQA, which are incorporated herein by reference as though fully documented. SECTION 3. That the Planning Commission on April 1, 1991 by a unanimous voice vote directed staff to prepare a resolution with the attached conditions as amended and recommending to the City Council approval of Industrial Planned Development Permit No. IPD- 90 -15. Said 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: Commissioners Torres, Wesner, Schmidt. NOES: None. ABSENT: None. ABSTAIN: None. PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF APRIL, 1991. Chairman presiding: W F2 'Lao"' At" ATTEST: yZz�� Celia LaFleur, Secretary Resolution No. PC -91 -235 page 3 STATE OF CALIFORNIA ) ) SS COUNTY OF VENTURA ) I, Celia LaFleur, do hereby certify that I am the secretary of the Planning Commission of the City of Moorpark, California and that the foregoing resolution was duly adopted at a regular meeting thereof held on April 15, 1991 by the following vote: Ayes: Commissioner Torres, Wesner, Schmidt; Noes: None; Abstain: Commissioners Brodsky, Miller. ATTEST.- Celia LaFleur, Secretary EXHIBIT B LAND DIVISION MAP NO: LDNI -91 -1 APPLICANT: LITTON INDUSTRIES DATE: April, 1991 DEPARTl1ENT OF COMMY.NTM DEyEI OPM:E�T O \T7ITIONS GEN-MAL REQUIREMENTS 1. The conditions of approval of this Tentative Parcel Map supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map: and that all provisions of the Subdivision Map Act, City of Moorpark Ordinance and adopted City policies apply. 2. All applicable requirements of any law or agency of the State, City of Moorpark and any other governmental entity shall be met, and all such requirements and enactments shall, by reference, become conditions of this entitlement. 3. The recordation of the Final Parcel Map and /or commencement of construction as a result of this map shall be deemed to be acceptance of all conditions of this map (LDM 91 -1) and the Industrial Planned Development Pemdt (IPD 90-15) by the applicant. 4. 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. 5. That if any of the conditions or limitations of this tentative or final parcel map are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 6. The Tentative Parcel Map shall expire three years from the date of its approval. Failure to record a final map with the Ventura County Recorder prior to expiration of the Tentative Parcel Map shall terminate all proceedings, and anv subdivision of the land shall require the filing and processing of a new Tentative Parcel Map. 7. That the subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments,commissions, agents, officers, or proceeding is brought within the time period provided therefore in Govemment Code Section 66499.37. The city will promptly notify the subdivider of any such claim, action or proceeding, and, if the city should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to detend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. The city may, within its unlimited discretion, participate in the defense of arw such claim, action or proceeding if both of the following occur: a. The city bears its own attorney fees and costs; b. The city defends the claim, action or proceeding in good faith. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is.-approved by the subdivider. The subdivider's obligations under this condition shall apply regardless of whether a parcel map is ultimately recorded with respect to the subdivision. 8. This Tentative Parcel Map (LDM) 91 -1 and conditions of approval shall be valid for the entire site area as shown on the Tentative Parcel Map (LDM) 91 -1. The conditions of approval for Development Plan (DP) 290 shall take precedent for all existing facilities on -site. DEPARTUMNTOF O NTIYDEVELOPMENT CONpMONS PRIOR TO FLNAL PARCEL MAP APPROVAL, THE FOLLOWING CONDITIONS WILL APPLY 9. The developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed parcel map have been made. 10. A "Will Serve" letter shall be obtained from the County Waterworks District No. 1 for sewer and water service for each lot. Said letter shall be filed with the Department of community Development or, if said Unconditional Availability Letter in a form satisfactory to the City cannot be obtained from the County Waterworks District No. 1, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement shall permit deferral of unconditional guarantee for sewer and water service until issuance of a building permit for each lot in the subdivision. Said agreement shall include language holding the City harmless against damages in the event of the ultimate lack of adequate sewer service. I]. Prior to recordation of the Final Parcel Map, all proposed utility lines (with the exception of 67kV or larger lines) shall be placed underground to the nearest off -site utility pole. This shall be noted on the public improvement plans and on the Final Parcel Map. 12. Prior to recording the Final Parcel Map, the subdivider shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing industrial waste discharge requirements and subsequent additions or revisions thereto. 13. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the County Waterworks District No. 1. i_ 14. As of the date of recordation of Final Parcel Map, the parcels depicted thereon shall meet the requirements of the Zoning Ordinance and General Plan applicable to the property when the application was deemed complete. 15. The applicant shall pay all outstanding case processing (planning and engineering), Initial Study report preparation costs, and all City legal service fees be paid for IPD 90 -15. 16. Prior to recordation of the Final Parcel Map, the applicant, or permittee, or successors in interest, shall submit to the Department of Community Development, a fee to cover costs incurred by the City for Condition Compliance review. r . ati. • 011116100 PRIOR TO FINAL PARCEL MAP APPROVAL, THE FOLLOWING CONDITIONS WILL APPLY: 17. The applicant shall dedicate on the Final Tract Map to the City of Moorpark the access rights adjacent to Los Angeles Avenue and Condor Drive along the entire frontage of the parent parcel except for approved access road (s) as delineated on the approved Tentative Map. 18. The applicant shall transmit (by certified mail) a copy of the conditionally approved Tentative Parcel Map together with a copy of Section 66436 of the State of Subdivision Map Act to each public entity or public utility that is an easement holder of record. Written compliance shall be submitted to the City Engineer. 19. The applicant shall dedicate on the Final Parcel Map to the City of Moorpark, public service easements as required, COMMUNITY DEVELOPMENT DEPARTMENT 799 MOORPARK AVENUE MOORPARK, CALIFORNIA 93021 MITIGATED NEGATIVE DECLARATION EXHIBIT C Industrial Planned Development Permit (IPD) 90-15 Land Division Map (LDM) 91 -1 I. PROTECT DESCRIPTION: The project entails construction of a four story (60 foot high), 176,000 square foot light industrial building for administration and research and development purposes for Litton Industries. The project site consists of 19.32 acres and is located on the east side of New Los Angeles Avenue (State Highway 118) and south side of Condor Drive, in the Moorpark Business Center (Tract Map 3492, lots 15 -17). a. Entitlements: Industrial Planned Development Permit (IPD) 90-15, Land Division Map (LDM) 91 -1. b. Applicant: Litton Industries 360 N. Cresent Drive Beverly Hills, CA. 90210 c. Proposal: A portion of the project site is currently occupied by a two story, 144,000 square foot building occupied by a division of Litton Industries. The applicant proposes to assemble the three existing parcels into one contiguous parcel to construct a second building. This building will be a 176,000 square foot, four story structure and will support the corporation's administrative and research and development operations. d. Location & Parcel Number(s): Assessors Parcel Numbers 513-060-260,513-060-170 and 513- 060 -180, known as Lots 15 -17 of Tract Map 3492 - Moorpark Business Center. e. Responsible Agencies: None. ' IL PUBLIC REVIEW: a. Public Notice: Publication of an advertisement of a public hearing for the project in a newspaper of general circulation in the area. (March 14, 1991) b. Public Notice Posting Period: (March 11, 1991 - April 11, 1991) C. Mailing of public notices for the proposed project to all property owners within 1,000 feet of the project site. (March 11, 1991) II1. STATEMENT OF FNVIRONMENTAL FINDINGS: An Initial Study was conducted by the Community Development Department to evaluate the potential effect of this project upon the environment. Based upon the findings contained in the attached Initial Study, it has been determined that this project could not have a significant on the environment. Potentially significant impacts can be satisfactorily mitigated through implementation of the mitigation measures identified in the following Initial Study. IV. DETERMINATION Pursuant to the findings contained in the Initial Study and in accordance with Section 15070 of the California. Environmental Quality Act (CEQA) Guidelines, a Negative Declaration with Mitigation Measures is hereby adopted for this project. z