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HomeMy WebLinkAboutAGENDA REPORT 1987 1021 CC REG ITEM 11BCLINT HARPER, Ph.D. Mayor ELOISE BROWN Mayor Pro Tern THOMAS C. FERGUSON Councilmember JOHN GALLOWAY Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk MOORPARK M E M O R A N D U M ITEM ll. STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: October 15, 1987 (CC meeting of 10/21/87) SUBJECT: AGREEMENT TO ALLOW OCCUPANCY PRIOR TO COMPLIANCE OF CONDITION NO. 33 - DEVELOPMENT PLAN PERMIT 302 Background Development Plan Permit No. 302 was approved by the City Council on May 22, 1985 for the purpose of constructing a 104,840 square foot industrial building housing the Woodcrest Carpet Mill. The site is located approximately 2,000 feet west of Buttercreek Road on the north side of Los Angeles Avenue (Highway 118). Since the time of City's approval the applicant has abandoned the interest to place a carpet milt on the site in favor of a lease to American Products Inc. (pool equipment manufacturing). The Council approved DP -302 subject to several conditions (see Resolution No. 85 -201). The applicant is expecting to meet all but one condition prior to the desired occupancy by American Products. This Condition No. 33 of Resolution No. 85 -201 which requires the completion of all roadway improvements and flood control improvements within Highway 118. Discussion The applicant is suggesting that an agreement be entered into which will defer the condition requirement until a future date (proposed August 31, 1988). The applicant does not wish to begin work in the flood control channel during the wet season. A detour route has yet to be approved by Caltrans which will. take the roadway to the south during construction. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 DP302 /C /PCAGENDA The Honorable City Council October 15, 1987 Page 2 The ___Agreement This agreement was fashioned after a similar one entered into with the Kavlico Corporation. It provides for a date certain on completion. City Manager may continue this agreement up to 30 days beyond. The City will hold $30,000 over and above the actual construction cost as a deposit against failure to perform. The applicant will agree to a hold harmless and carry sufficient liability insurance to protect the City. Applicant will pay up to $500 for City legal fees for review of this agreement. Options 1. Review the proposed agreement and determine the merits of such a request and approve as submitted. 2. Approve with modification. 3. Deny the request to enter into an agreement. MOORPARK, CALIFORNIA City Cot:-.:.ii Rlaeting 1 • �, ._� I �� • DP302 /C /PCAGENDA AN AGRFEML. NT REGARDING A — RECEIVED — REQUEST FOR CERTIFICATE OF OCCUPANCY PRIOR TO COMPLETION OF DEVELOPMENT OCT 15 1987 PLAN CONDITIONS MTY OF MOORPAR" -his Agreement is entered into between Jerry dershenberg (hereinafter, "Developer ") and the CITY OF MOORPARK. CA.. (hereinafter, "City ") for the purpose of allowing Developer to obtain a Certificate of Occupancy frcm the City prior to the completion of all Conditions imposed upon DP -302 by City Resolution No. PC- 85- 201.(The term "Conditions" shall hereinafter refer to each and every condition imposed on DP-302 pursuant to City Resolution No. PC -85 -201) Said Conditions were imposed as part of the City's approval of Development Plsn No. DP-302 at 10952 Los Angeles Avenue. Moorpark. California (Assessors Parcel No.500- 0- 34o-165). Developer agrees that all conditions be met and completed prior to n certificate of occupancy being issued or the developer enter into an agreement with the city on extention of time to complete that condition. SECTION 1. This Agreement shall remain in effect until Developer has complied with Conditions and the terms of this Agreement. £3HC`1'IOR 2. In consideration of granting this clearance for a Certificate of Occupancy, Developer hereby agrees: a. To construct a temporary driveway entrance to Developer's property as shown on Developer's plan entitled Interim Signing and Striping Plan, dated September 23. 198T. b. To satisfy a3,1 remaining conditions of DP -302, including but not limited to all remaining construction within State Highway 118, by August 31, 1988. C. The term temporary shall be defined as that driveway which will be constructed to provide access only until permanant driveway is constructed according to City conditions. The time of performance of the Conditions is subject to renegotiation by mutual consent of the City and Developer, should problems beyond the control of the Developer or City prevent completion of all work within the time specified in this agreement. The City Manager may extend the time of performance up to a maximum of 30 days for the C0n(1:t.1onn contained in aoetion ?A. SMTIOb 3. In consideration of granting this clearance, Developer agrees Lo indemnify, defend and hold harmless the City, its officers, employees, servants and agents for any damages resulting from traffic accidents at the temporary driveway entrance, or within the Cal Trans right -of -way, and /or public right -of -way for any damages whatsoever to the Developer premises, to any other premises, or to any person, firm or corporation, that may be caused directly or indirectly by the granting of a Certificate of Occupancy prior to the completion of the Conditions and to obtain liability insurance covering this agreement in an amount of $2,000,000.00. S-LC 'ION 4. In consideration of granting this clearance for a Ccrtlficatc of Occupancy, Developer shall deposit with the City of Moorpark an instrument that is satisfactory to the City equal to an amount to complete all. required work. This amount is to be approved by the City Engineer as being sufficient to complete all remaining work. In addition, a lump sum amount of $30,000 shall be deposited by an instrument for possible assessment by the City of liquidated damages, as required by this Section 4. The Developer shall be allowed to draw funds against said instrument on a progression schedule as work is completed. Any remaining funds will be refunded to Developer within fifteen (15) days upon written verification from the Director of Community Development that all Conditions and terms of this Agreement have been satisfied. Failure of Developer to complete all Conditions and all terms of this Agreement within the times specified in this Agreement, will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable an: extremely difficult to determine.The factors relating to the impracticality of ascertaining damages include, but are not limited to the following facts: (i) That the public will be substantially damaged if Developer failed to timely install improvements, as required by the Conditions and this Agreement; (11) That any failure to timely install improvements causes inconvenience, anxiety, frustration and deprivation of the benefits of the Conditions and this Mtz Agreement to the public, for whose benefit these Conditions and this Condition exists, in subjective ways and varying degrees of intensity which are incapable of measurement in precise dollar terms; and (iii) The termination of this Agreement for any such failures is, at best, a means of future correction and not a remedy which makes the public whole for past breaches. For each consecutive calendar day in excess of the completion times specified In thin Agreement, Developer shall forfeit $1,000.00 (one - thousand dollara) frcx the deponit held by the City, Execution of this Agreement shall con - ntitut.e acceptance between the City and Developer that $1,000.00 (one - thousand dollars) per day in the minimum value of the costs and actual damage caused by failure of Developer to complete the Conditions and this Agreement within the time specified in this Agreement. Without the provision of this Section establishing liquidated damages, the actual damage for which Developer would be liable could greatly exceed the amount of liquidated damages provided for in this Scction. Therefore, the liquidated damages provisions are of benefit to Dcvcleper, the City, and its residents -3- SECTION T. This clearance does not in any manner authorize the violation of lav, or any lavful ruled or regulations or orders of an authorized governmental agency, including, but not limited to the V"tura County Flood Control District. 6tX7TION A. Developer hereby agrees to pay for any and all admin[atrativr r_ontn. innlurilno bawl fr *ba_ aaanrin +-A v1+% +U- :.­—+4— or this Agreement, not to exceed $500.00 (five- bundred dollars). A" .+c •civyct sack &O,► a.&1cC0 w `" uSrmt3, pruvialun muu HLlpu.ia LLons identified above: crry Gersbenberg (Date) _.._.__ The City of Moorpark hereby agrees to all terms, provisions and stipulations identified above. Mayor, City of Moorpark Steven Kueny City Manager (for Content) Assistant City Attorney -L- Date (Date) Date RESOLUTION NO. 85 -201 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING THE MITIGATED NEGATIVE DECLARATION AND APPROVING DEVELOPMENT PLAN PERMIT NO. DP -302 ON APPLICATION OF JERRY GERSHENBERG WHEREAS, at a duly 1985, the Moorpark Planning application for approval to ustrial building for manufa to and notrh of Los Angeles of Buttercreek Road; and noticed public hearing on April 11, Commission considered the subject construct a 104,840 square foot ind- :--turing carpeting, located adjacent Avenue, approximately 2,000 feet west WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted its Resolution No. PC- 85 -43, recommending approval of the Mitigated Negative Declaration and conditional approval of Develepraent Plan Permit No. DP -302; and WHEREAS, public notice having been given in time, form and manner as required by law, the City Council of the City of Moorpark has duly considered said DP -302 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, 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, and approves the Mitigated Negative Declaration. SECTION 2. The City Council adopts the findings contained in the staff report dated April 11, 1985, which report is incor- porated herein by reference as though fully set forth herein. SECTION 3. The City Council hereby conditionally approves DP -302, 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 22nd day of Ma 1985. ATTEST- Mayor o the City of oorpark •r' "'�> California City Clerk (SEAL) _ ► / �.�/�/��N� /tfG STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 85 -201 was adopted by the City Council of the City of Moorpark at an adjourned regular meeting thereof held on the 22nd day of May , 19 85 , and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Weak, February, Woolard and Mayor Prieto; NOES: None: ABSENT: None. WITNESS my hand and the official seal of said City this 22nd day of May _ If 19 85 City Clerk Resolution No. 85 -201, adopted May 22, 1985 CONDITIONS FOR: DEVELOPMENT PLAN PERMIT - DP 302 APPLICANT: Jerry Gershenberg Woodcrest Carpet Mills 14933 Culvert Street Van Nuys, California 91411 PLANNING DIVISION 1. That the facility Exhibits herein. ments sh vations. permit shown on "3" and That the all be as is granted for the carpet manufacturing the plot plan(s) and elevations labeled "4 ", except or unless indicated otherwise location and design of all site improve - shown on the approved plot plans and ele- _ 2. That the development is subject tG all applicable regula- tions of the (Limited 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 aspermitting 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 deve- lopment plan are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Resolution No. 85 -201, adopted May 22, 1985 CONDITIONS: DP -302 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. The appli- cant 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 the City of Moorpark. All landscaping and planting shall be accomplish- ed and approved prior to the inauguration of use of this permit. Landscape plan shall indicate areas within public right -of -way to be maintained by Developer. 10. That 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 specimem tree at 50 percent maturity. Landscaping and irrigation shall be provided to the curb. 11. That all turf plantings associated with this project shall be a drought 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 Director of Community Development. 15. That all utilities shall be placed underground. Resolution No. 85 -201, adopted May 22, 1985 C CONDITIONS: DP -302 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 permittee'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. Resolution No. 85 -201, adopted May 22, 1985 CONDITIONS: DP -302 Page -4- 25. Prior to issuance of a Zon, 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. Deleted. 28. Deleted. 29. The unimproved area shall be improved with grasses, shrubs, trees or other plant material and /or ground cover. These improvements shall be included as part of the landscape maintenance plan identified in Condition No. 9. 30. In accordance with Section 8161 - 2.4.1.2.1 of the Zoning Ordinance, the permittee may defer construction of those parking lot improvements as shown on Exhibit 3. CITY ENGINEER CONDITIONS 31. 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. 32. 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. n Resolution No. 85 -201, adopted May 22, 1985 CONDITIONS: DP -302 Page -5- 33. Developer shall provide street improvements to Los Angeles Avenue in accordance with the Los Angeles Area of Contribution report and the City's General Plan, with all improvements subject to approval by both the City Enginner and CalTrans. Improvements shall be provided as follows: Developer shall construct the utltimately planned improvement to the portion of the Walnut Canyon Channel fronting the property and crossing under Los Angeles Avenue per the VCFCD, with money reimbursement arrangements for the im- provements to the channel made with the VCFCD. Improvements to Los Angeles Avenue shall include 8' sidewalk, curb and gutter, and an additional 8' of pavement (per Plate B -2B and core improvements shown on page 7 of the Los Angeles Avenue Area of Contribution Report). 34. That prior- to any work being condycted within the State or City right -of -way, the developer shall obtain an Encroach- ment Permit from the appropriate Agency. 35. That prior to zoning clearance, the Developer shall demon- strate feasible access with adequate protection from Q10 storm to the satisfaction of the City of Moorpark. 36. 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. 37. 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. Resolution No. 85 -201, adopted May 22, 1985 CONDITIONS: DP -302 Page -6- 38. That prior to zoning clearance. the Developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic, hydraulic calculations 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 drainage plans and calculations shall indicate the following condition before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns. diversions, collection systems. flood hazard areas, sump and drainage courses. 39. 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. 40. That prior to zoning clearance, the Developer shall deposit with the City of Moorpark a contribution for the Walnut Canyon Improvement Local Drainage Area. 41. That prior to zoning clearance, the Developer shall annex the subject site into Ventura County Waterworks District No. 1 for the purpose of obtaining water and sewer services. COUNTY FIRE DEPARTMENT 42. 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. 43. That access roads shall be installed with an all- weather surface, suitable for access by fire department apparatus. 44. That all drives shall have a minimum vertical clearance of 13 feet, 6 inches (13'6 "). 45. Any gates, to control vehicle access, are allow a vehicle waiting for entrance to be the public roadway. If applicable, it is the gate(s) swing in both directions. Th control shall be subject to review by the Prevention. to be located to completely off recommended that e method of gate Bureau of Fire Resolution No. 85 -201, adopted May 22, 1985 r CONDITIONS: DP -302 ' Page -7- 46. That prior to construction. the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on plan within 300 feet of the development. 47. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of th-e Ventura County Water Works Manual_ a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 inch and one 22 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. 48. 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 Determining Required Fire Flow. Given the present plans and in ormation, the requireU—fire flow is approximately 2250 gallons per minute. The applicant shall' verify that the water purveyor can provide the required quantity at the project. 49. That a minimum individual hydrant flow of 1250 gallons per minute shall be provided at this location. 50. 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_ 51. 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. 52. 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. Resolution No. 85 -201, adopted May 22, 1985 CONDITION: DP -302 Page -8- 53. 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. 54. That building plans of all "H" occupancies shall be sub- mitted to the Ventura County Bureau of Fire Prevention for review. 55. 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 Prevention Bureau. 56. 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. 57. That plans for the installation of an automatic fire extin- guishing system (such as, halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for review to insure proper installation. 58. That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of Fire Preven- tion. 59. That any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. 60. That roofing material shall be any fire retardant roofing as defined by the Uniform Building Code. 61. OTHER: That appropriate,permits be obtained as necessary for high piled stock. flammable liquid storage, and any other as are applicable. 62. The developer of DP -302 shall install a fire access gate within the east property line. The gate shall be located such as to provide ease of access between the adjacent properties. 63. The Fire Prevention Bureau of Ventura County and the Ventura County Environmental Health Department will require permits for the onsite storage of hazardous materials. Resolution CONDITIONS: / Page -9- No. 85 -201, adopted May 22, 1985 DP -302 64. If the manufacturing process associated with this project generates combustible fibrous material as defined by the Ventura County Fire Code, the building plans shall address "H -3" occupancies requirements. 65. If the building plans for the project demonstrate a cafeteria o a large conference room, the plans shall be mod- ified to address "A -3" occupancies. 66. The Developer shall submit building plans to the Ventura County Fire Department concurrently with the submittal of building plans to the Department of Building and Safety for plan check. COUNTY SHERIFF'S DEPARTMENT 67. 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 & shall be designed to mini- mize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather & breakage resistant covers. 68. All exterior doors and windows should be well - lighted during hours of darkness especially during non - working hours. 69. All exterior doors should be of a solid core wood or metal construction with minimum one -inch dead bolt locks. 70. There should not be an easy exterior access to the roof area i.e., ladders, trees. or nearby high walls. 71. That landscaping near driveways and within the parking lot shall not interfere with ingress, egress, and internal cir- culation sight distance. 72. Any alarm systems should be wired to all entrance /exit doors. all exterior windows,'and to any roof openings. 73. 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. COUNTY FLOOD CONTROL DISTRICT: 74. Improvements to the Ventura County Flood Control channel adjacent to the site (DP -302) shall be completed in compli- ance with the standards and requirements of the Ventura County Flood Control District. Prior to obtaining a build- ing permit the Developer shall submit to the Ventura County Flood Control District the following for Resolution No. 85 -201, adopted May 22, 1985 CONDITIONS: DP -302 Page -10- approval of construction of channel improvements across frontage of Parcel. (Ex. 8) 1) Improvement plans for the modification to existing L -A. Avenue crossing. 2) Improvement- plans for the modification of the existing flood control channel adjacent to the project site. 3) Structural analysis of the existing channel walls and floor and to include recommendation for structural re- pair if necessary. 4) Channel modification construction program. WATERWORKS DISTRICT NO. 1: 75- The Developer shall submit plans to Waterworks District No. 1 for approval, prepared by a licensed engineer, demonstrating an on -site monitoring manhole. Plans shall be approved by County Waterworks District No. 1 prior to obtaining a building permit. ENVIRONMENTAL HEALTH: 76. The storage of all potentially hazardous materials, includ- ing the latex material. Shall be by means approved by the Ventura County Environmental Health Division. ADDITIONAL PLANNING COMMISSION DECISIONS: 77. That the permit is granted for the tufting and finishing of carpeting and that no dying operations are allowed without prior approval of a Major Modification to this permit. 78. That no latex materials which contain formaldehyde or other potentially toxic material may be used. 79. Within 30 days of the completion of each quarter of the calendar year, a report shall be provided to the City listing all potentially hazardous materials used or stored on the premises. Quantities are to be- indicated. Resolution No. CONDITIONS: Page -11- 85 -201, adopted May 22, 1985 DP -302 ADDITIONAL CITY COUNCIL CONDITION: 80. That all above ground public utilities, including poles and fire hydrants, shall not be located within the sidewalk.