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Home My WebLink AboutAGENDA REPORT 1987 1216 CC REG ITEM 11DJOHN GALLOWAY Mayor ELOISE BROWN Mayor Pro Tern CLINT HARPER, Ph.D. Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk THOMAS P. GENOVESE City Treasurer MOORPARK M E M O R A N D U M ITEM //, 7J. STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: December 4, 1987 SUBJECT: DEVELOPMENT PLAN PERMIT NO. 300 (CC &F) - CLARIFICATION OF CONDITION NO. 48 Background DP -300 is an approved and constructed 97,680 square foot industrial building in the Cabot, Cabot and Forbes Industrial, Park located on Condor Drive east of Los Angeles Avenue. The project was approved under Resolution No. 84 -73 (attached herein) by the City Council on March 21, 1984. Included within the resolution was Condition No. 48 and reads: "Prior to the issuance o an occupancy permit, the City Council shall establish a Traffic Mitigation Committee, which shall consist of one representative of the City Council, the applicant, Moorpark College, Caltrans, and the City Manager. This Committee shall evaluate potential feasible measures to mitigate any associated traffic issues. Within 60 days of formation the Committee shall make a recommendation to the City Council regarding reasonable mitigation measures that should be pursued by the City, Caltrans, the College and the applicant. Within 30 additional days the City Council shall determine which measures shall be pursued and implemented. Applicant shall agree to participate in the adopted implementation plan, whether the time schedule is precisely complied with or not. Applicant agrees to pay for the traffic analysis of the various mitigation measures, whether the time schedule is precisely complied with or not." PJR:crl 799 Moorpark Avenue Moorpark, California 93021 DP300 CCITE S (805) 529 -6864 Page 2 At this time Cabot, Cabot and Forbes has a tenant (Terminal Data) making internal improvements and is seeking occupancy. Discussion Cabot, Cabot and Forbes is requesting the City Council to approve a substitution of the Traffic Mitigation Covenant and Agreement in place of the current language of Condition No. 48. A letter from Cabot, Cabot and Forbes is attached which fully explains their request. Cabot, Cabot and Forbes has filed for a Minor Modification to DP -300 so as to modify Condition No. 48 and substitute the traffic covenant for existing language. Recommendation 1. Receive and file (which would approve the action to proceed under a minor modification for substitution of the covenant). 2. If the Council feels that the proposed substitution is significant; it may set the matter for a public hearing so that affected property owners and others may be heard. MOORP,A.RK, CALIFORNIA City Cj,,'. Icy PJR:crl DP300 /CCITEMS CABOT, CABOT & FO R B ES 2801 TOWNSGATE ROAD, SUITE 101, WESTLAKE VILLAGE,CALIFORNIA 91361 SAN FERNANDO VALLEY VENTURA COUNTY REGION (AREA CODE 8051 495-9992 'AREA CODE 818) 991-7033 November 3, 1987 Mayor Clint Harper Honorable Councilmembers MOORPARK CITY HALL 799 Moorpark Avenue Moorpark, CA 93021 Re: DP 300, Resolution 84-13 Tear Mayor Harper and Councilmembers: Cabot, Cabot & Forbes ("CC&F") respectfully requests that the City Council substitute Condition No. 48 of Re<:-olution 84-13 with the Traffic Mitigation Covenant and Agreement currently being imposed on new developments in the City of Moorpark which binds CC&F and subsequent owners to contribute to a future traffic assessment fee. This request is made for the following reasons: (1) Subsequent to this building being approved and constructed over two (2) years ago, a traffic signal has been installed at N. Condor Drive. CC&F along with Kavlico contributed Caltrans' 50% share of the signal cost to help expedite installation. (2) The Traffic Mitigation Covenant and Agreement as currently drafted addresses the basic concept of this condition allowing the City Council more time to study the overall traffic situation and make an informed discussion that benefits this City as a whole not just one (1) project. This covenant is a recorded document binding all future owners of the building. (3) Terminal Data has committed to lease the entire 97,680 square foot building, thus occupying a building which has been empty for over two (2) years. Their commitment is contingent upon CC&F being able to move them in on or before March 1, 1988. This time frame cannot be met if a traffic mitigation carrunittee must be formed, hold meetings, study conditions, make recommendations, etc. Terminal Data has sold their existing facility in Simi Valley to Gibraltpr Savings and have made commitments to them on vacating that facility. Y • C CABOT, CABOT & FORBES Mayor Harper Cauncilmembers November 3, 1987 Page 2 In summary, I feel the substitution of the new Traffic Mitigation Covenant and Agreement with the previous traffic mitigation condition no. 48 is more consistent with the City Council's goal to analyze traffic as it relat c overall to the City of Moorpark. If you have any questions, pleasP do not hesitate to contact me at (805) 495-9992 or (818) 991-7033. Very truly yo Valerie Project VB:mj cc: Ed Ball Kirk Boylston . 4 RESOLUTION NO. 8 4-7 3 l hereby certify that the attached is a true and correct copy of the original document which is on file in this office. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CERTIFYING Dated: 0-4- 913/ THE NEGATIVE DECLARATION AND APPROVING „/� JG�y2r -ate DEVELOPMENT PLAN PERMIT NO. DP-300, ON City Cler of the City • APPLICATION OF CCF,F MOORPARK PROPERTIES, Moorpark, Califor INC. (SEAL) *maw WHEREAS, at a duly noticed public hearing held on March 13, . 1984 , the Moorpark Planning Commission considered Development Plan �t Permit No. DP-300, on application of CCf,F Moorpark Properties , Inc. , t. / to construct a 97,680 square foot industrial building in the Cabot, '444. ,., Cabot and Forbes Industrial Park, located on Condor Drive east of Los Angeles Avenue in the City of Moorpark; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted its Resolution No. PC-84-11 , recommending certification of the Negative Declaration and approval of Development Plan Permit No. DP-300 ; and WHEREAS, Public noticehaving been given in time, form and manner as provided by law, the City Council of the Citu of Moorpark has duly considered said DP-300 and has reached its decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1 . That this body has reviewed and considered the information contained in the Negative Declaration, and a finding is hereby made that thes project will not have a significant effect on the environment, and certifies that a Negative Declaration has been completed in compliance with California Environmental Quality Act and the State Environmental Impact Report Guidelines issued thereunder. SECTION 2 . The City Council adopts the findings contained in the staff report dated March 13, 1984, which report is incorpor- ated herein by reference as though fully set forth herein. SECTION 3. The City Council hereby conditionally approves DP-300, subject to compliance with all the conditions attached hereto, and does hereby find, determine and resolve that violation of any such conditions shall be grounds for revocation of said permit. PASSED, APPROVED AND ADOPTED this 21st day of March , 1984. ATTEST: thille"FmAiiirAr• ayor of Ci oorpark, ✓ �� Califo is City C erk :C1�v7 (SEAL) °q/ •C'ONDITIONS FOR: Development Plan APPLICANT: CC & F Moorpark No. DP-300 Properties Inc. DATE: March 13, 1984 PAGE: 1 of 6 pages Approved by Moorpark City Council, March 21 , 1984 , by Resolution No. 84-73 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(s) "A" and "B", 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 regulations of the "M-I" (Industrial Park) zone and all agencies of the State, Ventura County, 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 Planning Director may, at his discretion, grant one additional one 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 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. 5. That prior to 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. 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 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. 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. 9. 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. 10. 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 Exhibit 7 • CONDITIONS FOR: Development Plan APPLICANT: CC & F Moorpark No. DP-300 Properties Inc. DATE: March 13, 1984 PAGE: 2 OF 6 pages Approved by Moorpark City Council , March 21 , 1984 , by Resolution No. 84-73 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. 11. 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. 12. That the final landscape plans shall provide for a 50% shade coverage within all parking areas. 13. That all turf planting associated with this project shall be a drought tolerant low water using variety. 14. That the final design of site improvements 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 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. 19. That signs are subject to Ventura County Ordinance Code, Article 24, Sign Ordinance. A sign permit is required. 20. 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 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. ' CONDITIONS FOR: Development Plan APPLICANT: CC & F Moorpark No. DP-300 Properties Inc. DATE: March 13, 1984 PAGE: 3 of 6 pages Approved by Moorpark City Council , March 21 , 1984 , by Resolution No. 84-73 21. 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 C ity may be required by a court to pay as a result of any such action. C ity 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. 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. ENVIRONMENTAL HEALTH DIVISION CONDITIONS: 23. That disposal of all potentially hazardous wastes shall be by a means approved by the Ventura County Environmental Health Department. 24. That prior to the issuance of a building permit, 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. 25. 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. 26. That prior to the issuance of a building permit, 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 27. That a driveway width of twenty-five (25) feet shall be provided throughout the parking area. 28. That the applicant shall provide sufficient proof of the ability to prevent vehicle parking in "no parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 29. That all drives shall have a minimum vertical clearance of 13 feet 6 inches (13'6") . 30. That 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. CONDITIONS FOR: Develoe..ient Plan APPLICANT: CC & F Moorpark No. DP-300 Properties Inc. DATE: March 13, 1984 PAGE: 4 of 6 pages Approved by Moorpark City Council, March 21 , 1984 , by Resolution No. 84-73 31. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants. Existing hydrants on plan within 300' of the development. 32. 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" and one 21" outlet. 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 recessed in from the curb face 24 inches at center. 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 3,500 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 1,750 gallons per minute shall be provided at this location. 35. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to combustible construction, according to the Ventura County Weed Abatement Ordinance. 36. 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. 37. 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. 38. That building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. tONDITI0NS FOR: Development Plan APPLICANT: CC & F Moorpark No. DP-300 Properties Inc. DATE: March 13, 1984 PAGE: 5 of 6 pages Approved by Moorpark City Council , March 21 , 1984, by Resolution No. 84-73 39. That building plans of all "H" occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for review. • 40. That prior to occupancy 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. 41. 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 Bureau of Fire Prevention for review. 42. That plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for review to ensure proper installation. 43. That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of Fire Prevention. PUBLIC WORKS AGENCY CONDITIONS: 44. That piror to the issuance of a Building Permit, the developer shall submit to the City of Moorpark for reivew and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading Permit, ; and shall post sufficient surety guaranteeing completion. 45. 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. SHERIFF'S DEPARTMENT CONDITIONS: 46. 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. Walkways, aisles and passageways shall be provided with a light. All exterior lighting devices shall be protected by weather and breakage resistant covers. 47. That landscaping near driveways and within the parking lot shall not interfere with ingress, egress, and internal circulation sight distance. SRcmC34 ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// pow CONDITIONS FOR: Development Plan APPLICANT: CC & F Moorpark No. DP-300 Properties, Inc. Date: March 21 , 1984 Page 6 of 6 pages Approved by Moorpark City Council , March 21 , 1984 , by Resolution No. 84-73 ADDITIONAL CONDITION APPROVED BY THE CITY COUNCIL: 48. That prior to the issuance of an occupancy permit, the City Council shall establish a Traffic Mitigation Committee, which shall consist of one representative of the City Council , the applicant, Moorpark College , Caltrans , and the City Manager. This Committee shall evaluate potential feasible measures to mitigate any associated traffic issues . Within 60 days of formation the Committee shall make a recommendation to the City Council regarding reasonable mitigation measures that should be pursued by the City , Caltrans, the College and the applicant. Within 30 additional days the City Council shall determine which measures shall be pursued and implemented. Applicant shall agree to participate in the adopted implemen- tation plan, whether the time schedule is precisely complied with or not. Applicant agrees to pay for the traffic analysis of the various mitigation measures , whether the time schedule is precisely complied with or not. ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// ///// STATE OF CALIFORNIA COUNTY OF VENTURA 3 SS. CITY OF MOORPA R K ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. R 4_71 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 21 day of March , 19 84 , and that the same was adopted by the following vote, to wit: AYES: Councilmembers Straughan, Prieto, Beaulieu and Mayor Yancy-Sutton; NOES: Councilmember Harper; ABSENT: None. WITNESS my hand and the official seal of said City this _ 21 day of March , 19 84 . CITY CLERK i /V` _a 9 `�T d J I c� J ST msT RECORDING REQUESTED BY AND C 0 WHEN RECORDED RETURN TO: f04-' Cabot, Cabot & Forbes 5y_7 Attn: Regional Counsel 911 Wilshire Boulevard, Suite 1010 Los Angeles, California 90017 COVENANT AND AGREEMENT The undersigned, CC&F Moorpark Development Company, a California general partnership ("Owner") , as owner of that certain parcel of real property located in the City of Moorpark, County of Ventura, which is further described in Exhibit A attached hereto and incorporated herein by this reference (the "Property") , hereby covenants and agrees as follows: 1. Owner agrees to participate in the formation of, and be subject to, any assessment district or other financing technique, including but not limited to the payment of traffic mitigation fees, which the City of Moorpark (the "City") may implement or adopt to fund public street and traffic improvements directly or indirectly required by the development of the Property, provided that (a) traffic mitigation fees collected as part of this covenant shall be used for projects in the Los Angeles Avenue Area of Contribution, such as, but not limited to, the extension of New Los Angeles Avenue; (b) all owners of property in the City subsequently obtaining other entitlement approvals (except for residential property) execute similar covenants; and (c) that Owner shall be required to pay no more that its reasonably proportionate share of any assessment or other charges, based on the property benefitted by any such improvements. 2. This Covenant and Agreement is executed for the benefit of and in favor of the City only, and shall be enforceable only by the City. No rights are created and hereunder in favor of any other person or entity. This covenant and condition is made and entered into for the purpose of complying with Condition No. 48 of the Development Plan Permit No. 300, approved by the City Council of the City of Moorpark by Resolution No. 84-73 on March 28, 1984, as a comprehensive scheme for the development of the Property. 3. This Covenant and Agreement is intended to benefit and burden the Property, and shall run with the land and be enforceable against Owner in its capacity as owner of the Property and against its successors and assigns. It shall not be enforceable against Owner after Owner ceases to have an interest in the Property. rimmimm.imm.7mmr November 2, 1987 Page 2 4. This Covenant and Agreement shall remain in force and effect for a period of ten (10) years from the date hereof, or until released by recorded instrument executed by the City, whichever is sooner. The expiration or termination or the term shall not, however, release Owner or its successors and assigns from any liability imposed on the Property during such term. 5. Notwithstanding anything herein to the contrary, the obligations of Owner and its successors and assigns hereunder shall be enforceable only to the extent of their interest In the Property, and neither Owner nor any of the Partners, shareholders, employees or agents thereof shall be personally liable hereunder. CC&F Moorpark Development Company, a California general partnership By CC&F Investment Company Limited Partnership, a Delaware limited partnership Its general partner By Cabot, Cabot & Forbes Development Co. , Inc. , a Delaware corporation Its general partner By Its • EXHIBIT A Lots 9 and 10 of Tract 3492 in the City of Moorpark, County of Ventura, State of California. Located at 5898 Condor Drive, Moorpark, California. c7110ORPARK CENTER.� MASTER PLAN ID° D D_Co Ul mc" LOS ANGELES AVENUE_RTE 778 D Ja0 mCP t"aOA mN Da_ Q U O cn cn O�^'O. ,,z m AO�D to C 000_Ow ° nOV oZz 1 m cn - co tom r' IT N T CI) o O.ter mc.) cn C co AO0O� Ow n Q 0 D�O N T cc)•.0 N co T 0 3 dl z 0 N en I" OAm D v ,�,_,m O to Cl)r- n a co PP Co 1 N 0 2 0 • • • • gct, ro 5 k r. `T CCD 'G O �. CD n CD Z * _. ° sn. CD AI C ..0 ° ti Q N a UiO p p '� pj `n N C'.> 4 io N a nO cn VI A � CAD .�� m• O n r: .-y O CD [n ,-,.. C CD •-• CD fi.Cy ••t o ° a cD CD •v o 00 Po < Coo o A) CD CA cr 0 0 " • o o 7. cn LE ra (4` h m D •• +bf ai s * *4r (j00W Oo O r41. MOORPARKAV DV m s gO y 5m m mH I v< si eJ C } aadoo 0 niz o z I:I oN WQ < i db'0 9,DC .iIp35O Z. • ro 6 9, ' /Nn' I mI • ,N '0i� Q I00s )<� -0'46 W O = r 5 / U�' ( �p jnI is mt �I—, / I ] o •04 m cr r •—a. 4 Im ft CA CA4 ill I I F oo _ H /// 1 ji