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Resolution No. 2014-599
PLANNING COMMISSION
REGULAR MEETING AGENDA
JUNE 24, 2014
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
8. PUBLIC HEARINGS: (next Resolution No. PC-2014-599)
A. Consider Resolution Approving Conditional Use Permit No. 2014-05 to Allow an
Auto Body Shop within an Existing Auto Repair Shop Located at 5240 Bonsai
Street, and Making a Determination of Exemption under CEQA in Connection
Therewith on the Application of Mir Rafia (Elite Auto Repair & Body Shop). Staff
Recommendation: 1) Open the public hearing, accept public testimony, and close
the public hearing; and 2) Adopt Resolution No. PC-2014- for conditional
approval of Conditional Use Permit No. 2014-05, and making a determination of
exemption under CEQA in connection therewith. (Staff: Freddy Carrillo)
All writings and documents provided to the majority of the Commission regarding all agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The
agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov.
Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it
is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of
the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for
a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued
hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A
limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards
may be submitted in lieu of speaking orally for open Public Hearings and Discussion items.Any questions concerning
any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
June 24, 2014
Page 2
9. DISCUSSION ITEMS:
A. Consider Permit Adjustment No. 3 to Planned Development (PD) No. 1051
(Woodcreek Apartments) to Allow Installation of a 6-Foot High Tubular Steel
Fence with Pilasters in Front of the Apartment Complex and an Entry Gate with
Intercom of the Site Located at 600 Spring Road on the Application of Pablo
Pesantez for Wood creek Apartments. Staff Recommendation: Direct the
Community Development Director to issue a letter approving Permit Adjustment
No. 3 to PD No. 1051, subject to conditions of approval. (Staff: Freddy Carrillo)
10. CONSENT CALENDAR:
A. Consider Approval of the Special Joint Meeting Minutes of April 23, 2014. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Regular Meeting Minutes of May 27, 2014. Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon
request,the agenda can be made available in appropriate alternative formats to persons with a disability. Any request
for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting
to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28
CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Tracy J. Oehler, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, June 24,
2014, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on June 19, 2014, at a conspicuous
place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 19, 2014.
Tracy J. Oehler, Deputy City Clerk
ITEM: 8.A.
MOORPARK,CALIFORNIA
Planning Commission
of 10.24.2o(y,
ACTION: APARca/ED kT AFF
RECr ►i^E►-.. E A'rtcr.3 . Anon D
RESOLon c W0. 2011-t• 5qq
BY: T. ce 141-E12-,
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Freddy A. Carrillo, Assistant Planner I
DATE: May 30, 2014 (PC Meeting of 6/24/14)
SUBJECT: Consider a Resolution Approving Conditional Use Permit (CUP) No.
2014-05, to Allow an Auto Body Shop within an Existing Auto Repair
Shop at 5240 Bonsai Street, and Making a Determination of
Exemption under CEQA in Connection Therewith, on the Application
of Mir Rafiq (Elite Auto Repair& Body Shop)
BACKGROUND
A Conditional Use Permit application was filed by Mir Rafiq (Elite Auto Repair & Body
Shop) on April 29, 2014, to allow an auto body shop within an existing 4,923 square-foot
auto repair shop at 5240 Bonsai Street.
DISCUSSION
Project Setting
Existing Site Conditions:
The use is proposed in a one story industrial building, located on the east side of Bonsai
Street, between Hertz Street and Tejada Avenue. Access to the property is from both
Bonsai Street and Kazuko Court.
Previous Applications:
On July 9, 1986, the City Council approved Development Permit (DP) No. 338 to 347
and 349 to 353 to subdivide 9.52 acres and construct 15 industrial buildings. The 15
buildings range from 4,923 square feet to 30,701 square-feet. DP No. 347 allowed Lot
10 for construction of the 4,923 square-foot industrial building that is the subject of this
permit application.
1
Honorable Planning Commission
June 24, 2014
Page 2
On October 29, 2013, the Community Development Director approved Administrative
Permit No. 2013-13 for an automobile repair shop at this address. Conditions of
approval noted that automobile body repair would be subject to a Conditional Use
Permit.
GENERAL PLAN/ZONING
Direction General Plan Zoning . Land Use
Site Light Industrial (I-1) Industrial Park (M-1) Auto Repair
North Light Industrial (I-1) Industrial Park (M-1) Light Industrial
South Light Industrial (I-1) Industrial Park (M-1) Light Industrial
East Light Industrial (I-1) Industrial Park (M-1) Light Industrial
West Medium Industrial (1-2) Limited Industrial (M-2) Light Industrial
General Plan and Zoning Consistency:
The Light Industrial (I-1) General Plan land use designation for the property is intended
to provide for a wide range of light industrial activities. The Zoning Ordinance requires
Planning Commission approval of a Conditional Use Permit for an auto body shop in the
Industrial Park (M-1) Zone. This allows for consideration of the compatibility of the
proposed use with surrounding uses in making findings on the application, and adoption
of conditions of approval as deemed necessary.
ANALYSIS
Issues
Staff has identified compatibility with surrounding uses as the only potential issue for
this proposed use. Conditions of approval are recommended to preclude outdoor
storage and repair work. Given the location of the proposed use within an industrial
park with other auto body shops in the vicinity, and that all activities will take place
within the building, staff does not find concerns with land use compatibility with the
project as conditioned.
Findings
A. The proposed auto body shop use is consistent with the provisions of the
General Plan, Zoning Ordinance, and any other applicable regulations, in that the
property is planned, zoned, and developed for a variety of light industrial uses to
take place within the building on site.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this is an industrial use where an auto body shop is not
unexpected and other auto body shops have located in the vicinity.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the auto body shop does not require any
modification to the exterior of the approved building.
2
Honorable Planning Commission
June 24, 2014
Page 3
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that conditions are required to ensure proper
control of the auto body shop including conditions that all work will take place
inside the building and all vehicles under repair will be stored inside the building.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that conditions are required to ensure proper control
of an auto body shop, including conditions that building ventilation be designed to
accommodate the paint booth and that the applicant obtain all necessary permits
from the Ventura County Air Pollution Control District.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: May 29, 2014
Planning Commission Action Deadline: August 28, 2014
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation cannot be readily
identified, an Environmental Impact Report (EIR) is prepared.
3
Honorable Planning Commission
June 24, 2014
Page 4
The Community Development Director has determined that the project is categorically
exempt from the requirements of the California Environmental Quality Act (CEQA) and
the City's CEQA Guidelines. The proposed project associated with CUP No. 2014-05
qualifies for a Class 1 categorical exemption under State CEQA Guidelines Section
15301 (Existing Facilities) in that CUP No. 2014-05 would allow an auto body shop
within an existing 4,923 square-foot auto repair shop, and this use as conditioned is
consistent with the applicable general plan designation and all applicable general plan
policies as well as with the applicable zoning designation and regulations. In addition,
there is no substantial evidence that the project will have a significant effect on the
environment.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on June 14, 2014.
2. Mailing. The notice of the public hearing was mailed on June 10, 2014, to owners
of real property, as identified on the latest adjusted Ventura County Tax Assessor
Roles, within one-thousand (1,000) feet of the exterior boundaries of the
assessor's parcel(s) subject to the hearing.
3. Sign. One 32 square foot sign is to be placed on the street frontage by June 13,
2014.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2014- for conditional approval of Conditional Use
Permit No. 2014-05; and making a determination of exemption under CEQA in
connection therewith.
ATTACHMENTS:
1. Location Map
2. Aerial Map
3. Project Exhibits
A. Site Plan
B. Floor Plan
4. Draft PC Resolution with Conditions of Approval
4
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PC ATTACHMENT 3B
8
RESOLUTION NO. PC-2014-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) NO. 2014-05, TO
ALLOW AN AUTO BODY SHOP WITHIN AN EXISTING
AUTO REPAIR SHOP AT 5240 BONSAI STREET, AND
MAKING A DETERMINATION OF EXEMPTION UNDER
CEQA IN CONNECTION THEREWITH, ON THE
APPLICATION OF MIR RAFIQ (ELITE AUTO REPAIR &
BODY SHOP)
WHEREAS, on April 29, 2014, an application for Conditional Use Permit No.
2014-05 was filed by Mir Rafiq, to allow an auto body shop in an existing 4,923 square-
foot auto repair shop at 5240 Bonsai Street; and
WHEREAS, at a duly noticed public hearing on June 24, 2014, the Planning
Commission considered the application for Conditional Use Permit (CUP) No. 2014-05;
and
WHEREAS, at its meeting of June 24, 2014, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the public hearing and reached a decision on this
matter; and
WHEREAS, the Community Development Director has determined that the
proposed project associated with CUP No. 2014-05 qualifies for a Class 1 categorical
exemption under State CEQA Guidelines Section 15301 (Existing Facilities) in that CUP
No. 2014-05 would allow an auto body shop within an existing 4,923 square-foot auto
repair shop, and this use as conditioned is consistent with the applicable general plan
designation and all applicable general plan policies as well as with the applicable zoning
designation and regulations. In addition, there is no substantial evidence that the
project will have a significant effect on the environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission concurs with the Community Development Director's determination that the
proposed project associated with CUP No. 2014-05 qualifies for a Class 1 categorical
exemption under State CEQA Guidelines Section 15301 (Existing Facilities) in that CUP
No. 2014-05 would allow an auto body shop within an existing 4,923 square-foot auto
PC ATTACHMENT 4
9
Resolution No. PC-2014-
Page 2
repair shop, and this use as conditioned is consistent with the applicable general plan
designation and all applicable general plan policies as well as with the applicable
zoning designation and regulations. In addition, there is no substantial evidence that
the project will have a significant effect on the environment. The Planning Commission
has reviewed the Community Development Director's determination of exemption, and
based on its own independent judgment, concurs in staff's determination of
exemption.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The proposed auto body shop use is consistent with the provisions of the
General Plan, zoning ordinance, and any other applicable regulations, in that the
property is planned, zoned, and developed for a variety of light industrial uses to
take place within the building on site.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this is an industrial use where an auto body shop is not
unexpected and other auto body shops have located in the vicinity.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the auto body shop does not require any
modification to the exterior of the approved building.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that conditions are required to ensure proper
control of the auto body shop, including conditions that all work will take place
inside the building, and all vehicles under repair will be stored inside the
building.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that conditions are required to ensure proper control
of an auto body shop, including conditions that building ventilation be designed to
accommodate the paint booth and that the applicant obtain all necessary permits
from the Ventura County Air Pollution Control District.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2014-05 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
ie
Resolution No. PC-2014-
Page 3
SECTION 4. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED AND ADOPTED this 24th day of June, 2014.
Daniel Groff, Chair
David A. Bobardt
Community Development Director
Exhibit A— Standard and Special Conditions of Approval
11
Resolution No. PC-2014-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2014-05
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799, except as modified by
the following Special Conditions of Approval. In the event of conflict between a Standard
and Special Condition of Approval, the Special Condition shall apply.
SPECIAL CONDITIONS
1. This Conditional Use Permit is granted or approved with the City's designated
approving body retaining and reserving the right and jurisdiction to review and to
modify the permit—including the conditions of approval—based on changed
circumstances. Changed circumstances include, but are not limited to, major
modification of the business; a change in scope, emphasis, size, or nature of the
business; the expansion, alteration, reconfiguration, or change of use; or the fact
that the use is negatively impacting surrounding uses by virtue of impacts not
identified at the time of application for the conditional use permit or impacts that
are much greater than anticipated or disclosed at the time of application for the
conditional use permit. The reservation of right to review any permit granted or
approved under this chapter by the City's designated approving body is in
addition to, and not in lieu of, the right of the City, its Planning Commission, City
Council and designated approving body to review and revoke or modify any
permit granted or approved under this chapter for any violations of the conditions
imposed on such permit.
2. All Conditions of Approval applicable to Development Permit (DP) No. 347 and
Administrative Permit No. 2013-13 as amended are incorporated by reference in
this approval and shall continue to apply unless specifically modified by this
permit.
3. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2014-05, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
4. No outdoor storage is allowed under this approval. Any request for outdoor
storage is subject to the application requirements in place at the time of such
request.
5. All exterior areas of the site, including parking areas under use by the facility,
shall be maintained free of litter and debris at all times.
12
Resolution No. PC-2014-
Page 5
6. No outdoor repair or maintenance, including washing, cleaning, or detailing of
vehicles is allowed under this permit. All mechanical equipment (e.g. air
compressors) must also be kept indoors.
7. Vehicles brought in for service may only be parked within the parking spaces
designated for this building during open hours of operation and may not be
parked in spaces designated for other buildings, the driveway, or in the street.
All vehicles left overnight and on weekends (outside business hours), both
operative and inoperative, must be parked inside the building.
8. Prior to issuance of a Zoning Clearance for occupancy, the applicant shall submit
a plan to the satisfaction of the Building Official demonstrating proper building
ventilation during use of the paint booth.
9. Prior to issuance of a Building Permit for the paint booth, the applicant shall
obtain a permit for the paint booth from the Ventura County Air Pollution Control
District.
10. A sign permit application must be submitted for all proposed signs, for the review
and approval of the Community Development Director prior to issuance of a
building permit for a sign.
11. Approval of a Zoning Clearance is required prior to the issuance of Building
Permits. All contractors must have valid City of Moorpark Business Registrations.
12. Prior to approval of final Building Permit inspection for the paint booth, the
applicant shall provide a roof on the trash enclosure to prevent stormwater
pollution with a design to the satisfaction of the Community Development
Director.
13. Prior to approval of final Building Permit inspection for the paint booth, the
applicant shall submit a Developer Waste Reduction and Recycling Plan to the
satisfaction of the Senior Management Analyst. The plan must show how the
applicant will properly recycle or dispose of motor oil, gasoline, other fluids, or
hazardous materials generated in the course of doing business.
- END -
13
ITEM: 9.A.
MOORPARK,CAUFORNIA
Planning Commission
of co•24. 2oId-kr
ACTION: APPROVED S7 AFF
RecoMfrEtiI ilo�..�.
BY: Tce►h-- ie.�
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Directo )
Prepared by Freddy A. Carrillo, Assistant Planner I.
DATE: June 5, 2014 (PC Meeting of 6/24/2014)
SUBJECT: Consider Permit Adjustment No. 3 to Planned Development (PD) No.
1051 (Woodcreek Apartments) to Allow Installation of a 6-Foot High
Tubular Steel Fence with Pilasters in Front of the Apartment
Complex and an Entry Gate with Intercom of the Site Located at 600
Spring Road on the Application of Pablo Pesantez for Woodcreek
Apartments
BACKGROUND
On February 14, 2014 Pablo Pesantez for Woodcreek Apartments applied for Permit
Adjustment No. 3 to Planned Development (PD) No. 1051 to allow installation of a 6-
foot high tubular steel fence at an existing apartment complex located at 600 Spring
Road.
DISCUSSION
On June 16, 1986, the City Council adopted Resolution No. 86-317 (PC Attachment 4)
approving Planned Development No. 1051 for the construction of 136 residential
apartment units. Two subsequent permit adjustments were approved. Permit
Adjustment No. 1 was for the removal of a water fountain, addition to existing office, and
the relocation of mail boxes, and Permit Adjustment No. 2 was for the relocation of a
laundry room.
Condition of Approval 11 of the original resolution states, "That the final design of site
improvements, including materials, colors, and fencing, is subject to the approval of the
Planning Commission". No fencing was proposed at this location with the original
entitlement. The applicant is now proposing to add fencing and gates.
14
Honorable Planning Commission
June 24, 2014
Page 2
The applicant has proposed installation of a 6-foot high tubular steel fence with pilasters
in front of the apartment complex, including an entry gate with an intercom. The fence is
proposed to be painted black with a finish treatment, including decorative loops on top
and bottom with vertical elements in between. Seven-foot high pilasters are proposed to
be installed at approximately every 20-feet of wrought iron fence. The pilasters are to be
painted with a smooth color complementing the apartment complex and will have a
cement cap.
The proposed entrance gate at the main driveway will have an automatic 7-foot high
wrought iron gate that will slide open when a code is entered at the intercom. A second
gate will also be installed for fire department emergency access at the north side of the
complex where an existing emergency access driveway currently exists. Community
Development staff worked with the applicant to make sure the main entry gate was set
back far enough from the driveway for the condominium project to the south so that
there is sufficient room for queuing in front of this gate without blocking the driveway.
PC Attachment 1 shows the proposed location and elevation of the fence and gate.
The Community Development Director has determined that the proposed fencing would
not alter any of the project findings and would qualify for a Permit Adjustment.
However, even though a Permit Adjustment is normally considered by the Community
Development Director, based on Condition of Approval 11, the fencing plan must be
reviewed and approved by the Planning Commission. Therefore, direction is sought by
the Planning Commission on this Permit Adjustment application.
NOTICING
Permit Adjustments do not require public notice.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Direct the Community Development Director to issue a letter approving Permit
Adjustment No. 3 to PD No. 1051, subject to conditions of approval.
ATTACHMENTS:
1. Location Map
2. Aerial Map
3. Site Plan / Elevation
4. Resolution No. 86-317
5. Draft CDD Approval Letter
15
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WOODCREEK APIS ;Fence/Gate 1/15/2014 - .
600 Spring Rd Moorpark Ca 93021 ---- - - - _
18
RESOLUTION NO. 86- 317
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
MOORPARK, CALIFORNIA, APPROVING PLANNED
DEVELOPMENT PERMIT NO. PD-1051, ON APPLICATION
OF LINCOLN PROPERTY COMPANY
WHEREAS, at duly noticed public hearings on April 9 and May 14,
1986, the Moorpark Planning Commission considered the application of Lincoln
Property Company for approval of Planned Development Permit No. PD-1051, for
approval to construct 136 residential apartment units, located on the east side
of Moorpark Road, approximately 500 feet north of New Los Angeles Avenue,
within said City; and
WHEREAS, after careful consideration, the Planning Commission
reached its decision in the matter and adopted its Resolution No. PD-86-98,
recommending approval of Planned Development Permit No. PD-1051; '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 held a public
hearing, has received testimony regarding said project, has duly considered said
proposed project, and has reached its decision; and
WHEREAS, the City Council, after careful review and consideration,
has determined that the proposed project will not have a significant effect on
the environment, has reviewed and considered the information contained in the
Negative Declaration, and has approved the Negative Declaration as having been
completed in compliance with CEQA and the State CEQA Guidelines issued
thereunder;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOVE AS FOLLOWS:
SECTION 1. That the findings contained in the staff report dated
May 14, 1986, are hereby adopted, and said report is incorporated herein by
reference as though fully set forth.
SECTION 2. The City Council hereby conditionally approves
Planned Development Permit No. PD-1051, subject to compliance with all the con-
ditions attached hereto, and does hereby find, determine and resolve that
violation of any of such conditions shall be grounds for revocation of said
permit.
SECTION 3. That this resolution shall take effect immediately.
SECTION 4. That the City Clerk shall certify to the passage and
adoption of this resolution.
PASSED AND ADOPTED this 16th day of June , 1986.
1I; ST: 04 . (�
ayorof the City of orpark,
A* CY\ California
_MatoOle -=1 City Clerk
%`�' PC ATTACHMENT 4
19
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
I, Eva Marie Crooks , Deputy City Clerk of the City
of Moorpark, California, do hereby certify that the foregoing Resolution
No. 86-317 was adopted by the City Council of the City of Moorpark
at a regular meeting thereof held on the 16th day of June
1986, and that the same was adopted by the following roll call vote:
AYES: Councilmembers Woolard, Yancy-Sutton, Ferguson,
Prieto and Mayor Weak
NOES: None
ABSENT: None
•
WITNESS my hand and the official seal of said City this a114*,day of
1986.
Deputy City Clerk
20
PLANNED DEVELOPMENT PERMIT NO PD-1051 (Lincoln Property Company) l
PLANNING DEPARTMENT CONDITIONS:
1. That unless the uge _is inaugurated not later than one (1) .year
after this permit is•granted, this permit shall automatically
expire on that date. ' The Planning Commission may, at their
discretion, grant one (1) additional year extension for use
inauguration if there have been no changes in the adjacent
areas and if the permittee has diligently worked toward
inauguration of use during the initial one year period.
7. 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 Community Development Department
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.
3. 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 cost which the City may be
required by court to pay as a result of any such action, but
such participation shall not relieve permittee of his obligation
under this condition.
4. 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.
5. 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.
6. That if any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of the
remaining conditions or limitations set forth.
7. That the development is subject to all applicable regulations of
RPD-15 (Residential Planned Development with an allowed density
of 15 DU/AC) zone and all agencies of the State of California,
County of Ventura, City of Moorpark and any other governmental
entities.
8. That any minor changes may be approved by the Director of
Community Development upon the filing of a Minor Modification
application, but any Major Modification to be considered by the
City Council.
-1- Revised: June 11, 1986
21
PLANNED DEVELOPMENT PERMIT NO. PD-1051 (Lincoln Property Company)
PLANNING DEPARTMENT CONDITIONS:
9. That the design, ,maintenance and operation of the permit .are
and facilities thereon shall comply with all applicable require-
ments and enactments'of Federal, State, County, and City authorities,
and all such requirements and enactment shall, by reference,
become conditions of this permit.
10. That prior to the issuance of zone clearance, a landscaping
and planting plan (3 sets) , together with specifications and
maintenance program, prepared by a State licensed Landscape Architect
in accordance with ounty Guidelines for Landscape Plan Check,
shall be submitted to the Director of Community Development for
approval. The applicant shall bear the total cost of such review
and of final installation inspection. The landscaping and planting
shall be accomplished and approved prior to the inauguration of
this permit. Shall be as follows:
a. 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.
b. That all turf plantings associated with this project shall
be of a drought tolerant low-water using variety.
c. Landscaping shall not cover any exterior door or window.
d. Landscaping at entrances/exits or at any intersection within
the parking lot shall not block or screen the view of a seated
driver from another moving vehicle or pedestrian.
e. Landscaping (trees) shall not be placed directly under any overhea
lighting which could cause a loss of light at ground level.
f. There shall not be any easy exterior access to the roof area,
i.e. , ladders, trees, high walls, etc.
g. Open Space - Shrubbery along and around the interior walkways
shall be low so that visibility is not obstructed.
h. That the continued landscape 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 ground maintenance, as indicated by the City inspector with-
in 30 days after notification.
•
-2-
Revised: June 11, 1986
•
22
PLANNED DEVELOPMENT PERMIT NO. PD-1051 (Lincoln Property Company)
PLANNING DEPARTMENT CONDITONS:
11. That the final design of site improvements, including materials,
colors, and fenciag,. is subject to the approval of the Planning
Commission.
12. That all roof-mounted equipment (vents, stacks, blowers, air-
conditioning equipment) 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 the issuance of zone clearance, the final
design and location of equipment and screening must be approved
by the Planning Commission.
13. That signs are subject to the City of Moorpark Ordinance Code,
Article 24, Sign Ordinance. A sign permit is required.
14. That at the time water service connection is made, cross-connection
control device shall be installed on the water system in accord-
ance with the requirements of the Ventura County Environmental
Health Department.
15. 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 wall enclosure.
Prior to issuance of a zone clearance, the final design of said
enclosure shall be subject to the approval of the Director of
Community Development.
16. That all utilities be underground.
17. That all parking areas and driveways shall be surfaced with
asphalt or concrete and shall include adequate provisions
for drainage, striping and appropriate wheel blocks, and (or)
curbs in parking areas adjacent to landscape areas.
18. That it is the developer's responsibility to use watering,' or
other methods as directed by the city to control dust through-
out the project.
19. That all windows on the west elevations of buildings facing
Moorpark Road, shall be inoperable double sash windows; i .e. ,
two windows separated by a 2. 5 - 3 inch airspace. In one
pane, 3/16 inch glass, and in the other, 1/8 inch glass shall
be used.
20. That three-sixteenths (3/16) inch glass or windows, with a
sound transmission class (STC) rating of 25 or greater; shall
be used on buildings which face west onto Moorpark Road.
-3- Revised: June 11, 1986
23
PLANNED DEVELOPMENT PERMIT NO. PD-1051 (Lincoln Property Company)
PLANNING DEPARTMENT CONDITIONS:
21. That all other windows and all other elevations may be standard
single strength glass (SSS) .
22. That no balconies are allowed to face west onto Moorpark Road.
•
23. That subject to final review by the Park and Recreation Commission
the developer shall provide:
a. An 2500 square foot recreational structure, located near the
west of the project.
b. A pool, spa, volleyball court, paddle tennis, and tennis court.
c. An additional bar-b-que facility towards the east of the site.
d. A car-wash facility along the eastern boundary line of the
site.
24. That the developer shall assure adequate provisions to protect the
safety of children by fencing and gating pool areas, and safety
buffering any tot lots proposed to be located adjacent to a pool
area.
25. That the project shall incorporate meandering sidewalks.
26. That storage lockers are to be provided in carports or garages
or attached to the exterior of each unit.
27. That the developer shall provide solar heating for all spas.
28, That irrigation shall be regulated so as not to occur at times
of high evaporation; i.e. , during high winds or extreme high
heat.
29 That the developer shall provide low-flush toilets as required
by Section 17921 . 3 of the Health and Safety Code.
30. That the developer shall provide low-flow showers and faucets
as required by California Administrative Code, Title 24, Part 6,
Article 1, T20-1406F.
31. That the developer shall insulate hot water lines in water
recirculating systems as required by the California Energh
Commission regulations.
32. Fencing Plan - Prior to issuance of zone clearance the developer
shall submit to the city for review and approval by the Director
of Community Development a fencing plan indicating a 8 foot block
wall to be constructed between the 8 foot carport wall on the north
boundary line. In additions, a 6 foot block wall on the east
property line shall be constructed.
-4- Revised: June 11, 1986
24
PLANNED DEVELOPMENT PERMIT NO. PD-1051 (Lincoln Property Company)
PLANNING DEPARTMENT CONDITIONS:
34. That prior to construction, zone clearance shall be obtained from
the Community -Deve4.optnent-Department and a building permit shall
be obtained from the Building and Safety Department.
35. That prior to issuance of zone clearance, an "Unconditional Will
Serve" letter for water and sewer service will be obtained from
Ventura County Waterworks District No. I.
36. That prior to recordation, the applicant shall pay all fees pursuant
to the City of Moorpark Municipal Code, Sections 8279-4 et seq. ,
for the purpose of providing fees in lieu of land dedication for
local park acquisition and/or development of park facilities for
the future residents of the subdivision.
37. Prior to Zone Clearance for any unit within PD-1051, the developer shall
submit plans indicating location and style of collective mailbox stations.
Plans shall be reviewed by Lite Director• of Community Planning and the
Moorpark Postmaster iur appravnl.
•
4.a.
Revised: June 11, 1986
25
CONDITIONS FOR : PLANNED DEVELOPMENT PERMIT NO. PD-1051
APPLICANT: Lincoln Property .Company
DATE: May 14, 1986
CITY ENGINEER CONDITIONS
•1. That prior to zone cleatance 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 guaranteeing
completion.
2. That prior to zone clearance the developer shall submit to the City of Moorpark
for review and approval, a detailed Soils Report certified by a registered
professional Civil Engineer in the State of California. The grading plan
shall incorporate the recommendations of the approved Soils Report.
3. 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.
4. The improvements shall include concrete curb and gutter, sidewalk, street
lights, striping and signing in accordance with the City of Moorpark Road
Standards. The applicable Road Standard Places are as follows:
a. Sidewalks per plate E-5. .
b. Driveways shall be per plate E-2 modified to be 50 feet wide with a
15 foot or greater radius curb return. this driveway shall facilitate
this development as well as the adjacent development to the south and
shall be aligned directly opposite Roberts Avenue. Developer shall
remove existing driveway on the southerly development and replace with
appropriate curb and gutter if agreement can be reached with this prop-
erty woner; driveway curb return shall be constructed so as to provide
for handicapped access.
c. Signing and stripping plans shall be prepared for Moorpark Road as
deemed as appropriate and necessary by the City and CalTrans.
5. That prior to any work being conducted within the State or City right-
of-way, the developer shall obtain an E.nctoachment Permit from the appropriate
Agency.
'7. Kiat prior to zone clearance the developer shall demonstrate feasible access
:th adequate protection from a 10 yea: frequ,^ucv storm to the satisfaction
the City of Moorpark.
That prior to zone clearance the developer shall deposit with the City of
moorpark a contribution for the Los Angeles Avenue improvement Area of
Contribution. The actual deposit shall be the then current Los Angeles
Avenue improvement Area of Contribution applicable rate at the time the
Building Permit is issued.
-5- Revised: June 11, 1986
26
CONDITIONS FOR: PLANNED DEVELOPMENT PERMIT NO. PD-1051
APPLICANT: Lincoln Property Company
DATE: May 14, 1986
CITY ENGINEER CONDITIONS
8. 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
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.
9. 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 improvements 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.
10. That prior to zone clearance, the developer shall submit to the City of Moorpark
for review and approval, evidence that all the buildable sites in the subdivision
will be protected from flooding.
11. Developer shall pay all energy costs associated with street lighting for
a period of one year from the initial energizing of the street lights.
12. Developer shall construct a bus turnout per Plate D-13 with transition and
bus bay lengths each being 60 feet. The transition into the bus hay shall
begin at the main driveway end of curb return.
13. That the developer shall construct a bus turnout per Plate D-13 with
transition and bus bay lengths each being_ 60 feet. The transition into
the bus bay shall begin at the main driveway end of curb return and should
be posted appropriately.
14. That the developer shall work with CalTrans to retain the existing "Keep-Clear"
pavement marking on northbound Moorpark Road at Roberts Avenue.
15. That the developer shall install a "Stop Sign"_ for traffic exiting the
project onto Moorpark Road.
16. If any hazardous waste is encountered during any phase of the construction
of this project all work shall be immediately stopped and the Ventura
County Environmental Health Department, Sheriff's Department and City
Inspector shall be notified immediately. Work shall not be allowed to
proceed until clearance has been issued by all of these agencies through
the City Inspector.
-6- Revised: June 11, 1986
27
PLANNED DEVELOPMENT PERMIT NO PD-1051 (Lincoln Property Company)
VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS
1. A licensed security guard is recommended during the construction
phase, or a 6 foot high chainlink fence shall be erected around
the construction site. Drive thru security has not been successful
for similar construction projects.
2. Construction equipment, tools, etc. , shall be properly secured
during nonworking hours.
3. All appliances (microwave ovens, dishwashers, trash compactors,
etc. ) shall be properly secured prior to installation during
nonworking hours. All serial numbers shall be recorded for
identification purposes.
4. If an alarm system is used, it should be wired to all exterior
doors and windows and to any roof vents or other roof openings
where access may be made. •
5. Condition No. 4 would apply to any construction trailer that
would house valuable property and could be utilized on models or
at locations where articles of value ( k3) might be kept.
6. Lighting devices shall be high enough as to eliminate anyone on
the ground form tampering with them. All parking areas shall be
provided with a lighting system capable or illuminating the parking
surface with a minimum of 1-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
breakage-resistant covers.
7. Lighting plans showing type and location of all lighting devices
shall be submitted to the Sheriff ' s Department for review and
approval .
8. Deleted.
9. All exterior doors shall be constructed of solid wood core
minimum of 1 and 3/4 inches thick or of met.,:i construction.
1p. Doors utilizing a cylinder lock shall have a minimum five (5)
pintumbler operation with the locking bar or bolt extending into
the receiving guide a minimum of ! inch .
11 . All exterior sliding glass doors or windows shall be equipped
with metal guide tracks at the top and bottom and be constructed
so that the window cannot be liftel from the tract when :.n the
closed or locked position.
There shall not be any easy exterior access to the roof area, i .e. ,
ladders, trees, high walls, etc.
-7- Revised: June 11, 1986
28
PLANNED DEVELOPMENT PERMIT NO. PD-1051 (Lincoln Property Company)
VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS:
13. Each single unit constructed under the same general_plan._shall...have
locks using which are interchange free from locks used
in all other separate.dwellings, proprietorships, or similar distinct
occupancies.
14. Walkways - All walkways will be well lighted and situated so that
surrounding residents will have a clear view of all pedestrian
travels.
15. Fences - Wrought iron fences to be errected around swimming pool
area for safety reasons. Should be 6 feet in height for security.
Revised; June 11, 1986
-8-
29
PLANNED DEVELOPMENT PERMIT NO. PD-1051. (Lincoln Property Company)
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS:
1. Any gates, to control vehicle access, are to_be located to allow..
a vehicle waitin4; 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.
2. 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. show existing hydrants on plan
within 300 feet of the development.
3. That fire hydrants shall be installed and inservice prior to
combustible construction and shall conform to the minimum standards
of the County Water Works Manual.
o Each hydrant shall be a 6 inch wet barrel design
and shall have one 4 inch and two 2-1/2 inch outlet.
o The required fire flow shall be achieved at no less
than 20 psi residual pressure.
o 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.
o Fire hydrants shall be 24 inch on center, recessed in
from the curb face.
4. That the minimum fire flow required shall be determined by the
type of building construction, fire walls, and fire protection
devices provided, as specified by the Z.S.O. Guide for Determining
Required Fire Flow.
5. That a minimum individual hydrant flow of 1250 gallons per minute
shall be provided at this location.
6. That all grass or brush exposing any structures shall be cleared
for a distance of 100 feet prior to framing, according to the
Ventura County weed Abatement Ordinance.
7. 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 set-
back more that 150 feet from the street, larger numbers will be
required so that they are distinguishable from the street. In
the event a structure is not visible from the street, the address
numbers shall be posted adjacent to the driveway entrance.
Individual dwelling units shall have 4 inch numbers.
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.
_g_ Revised: June 11, 1986
30
PLANNED DEVELOPMENT PERMIT NO. PD-1051 (Lincoln Property Company) •
VENTURA COUNTY FIRE DEARTMENT CONDITIONS:
9. That building plans of public assembly areas, which have_an
occupant load of-50 of more, shall be submitted to the Ventura
Bureau of Fire Prevention for review.
10. That fire extinguishers shall be installed in apartment buildings
according to National Fire Protection Association,' Pamphlet #10.
The placement of extinguishers shall be subject to the review of
the Fire Chief.
11. 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,
except when the structure is divided into areas of less than 5.000 square feet
with a two hour fire separation wall in accordance with Ventura County Ordinance
#14.
-10- Revised: June 11, 1986
31
PLANNED DEVELOPMENT PERMIT NO. RD-1051 (Lincoln Property Company)
VENTURA COUNTY WATER WORKS DISTRICT NO.I
1. The applicant shall submit engineering data, satisfactory_to __the
District, that demhnstrates sufficient fireflow is available-to
all parcels.
2. The applicant shall submit engineering data satisfactory to the
district showing that sewers are designed to carry 'the peak flow
rates from all areas tributary to them, including future developed
areas. The construction of off-site water and sewer mains may be
required to extend to the District's existing trunklines.
Note:
the District is in the early stages of planning a sewage treatment plant
expansion project. Since the cumulative increase of flow into the existing
plant is directly related to the rate at which new connections to the
sewerage system are made, the currently available plant capacity could
be consumed prior to completion of any plan expansion. This could cause
a delay in issuance of a "Will Serve" letter to the applicant to insure
the plan expansion will be complete when sewer service begins.
-11- Revised: June 11, 1986
32
PLANNED DEVELOPMENT PERMIT NO. PD-1051 (Lincoln Property Company)
PARKS & RECREATION ADDITIONAL CONDITIONS:
1. Increase the size of the pool to approximately 25' x 60' .
2. Increase the size of the spa to comfortably accommodate 12 to
14 people.
3. Increase the deck area around the pool and spa proportionally to
the existing deck area to accommodate the increase in the size
of the pool and spa.
4. Add a tot lot just north of the open play area between buildings
2 and 3. Tot lot area should encompass 3,000 square feet with
50 percent of the area dedicated to play equipment to be selected
by the developer with staff approval Tot lot shall be fenced and
have adequate security lighting subject to staff approval.
5. Add a half-court basketball court with a concrete surface with
location subject to staff approval.
6. Increase the number of barbecues to the following:
a. Two gas barbecues shall be provided at the office/recreation
building area around the pool .
•
b. One gas barbecue shall be provided near the tot lot with
circular concrete picnic table with benches, subject to
staff approval.
c. One gas barbecue pit shall be provided at the east end
of the project, complete with a wood trellis cover (gazebo)
and concrete benches, subject to staff approval.
7 . Amount of open space to remain atthe originally presented
design except for the increased size of decking and inclusion
of the tot lot.
—12— Revised: June 11, 1986
33
K q
QQ.•�-�°° /�- 9 CITY OF MOORPARK
• ..
‘_4IW4
eCOMMUNITY DEVELOPMENT DEPARTMENT i 799 Moorpark AvenueMoorpark,California 93021
Main City Phone Number(805)517-6200 I Fax(805)532-2540 I www.moorparkca.gov
eo 4
June 2, 2014
Pablo Pesantez
600 Spring Road
Moorpark, CA 93021
SUBJECT: Permit Adjustment No. 3 to Planned Development (PD) No. 1051 (Woodcreek
Apartments) to Allow Installation of a 6-Foot High TO* St el;.Fence with Pilasters in Front of
the Apartment Complex and an Entry Gate with. I tercom of `ane Site Located at 600 Spring
Road on the Application of Pablo Pesantez for,Woodcreek Apartments
Dear Mr. Pesantez:
We have completed our review of your,request for a Permit Adjustment to allow the installation
Of a 6-foot high tubular steel fence with.pi asters in front of:the apartment complex and an entry
gate with intercom of the site located fat; 600 Spring Roa ;. Any change which would not alter
any of the findings pursuant to this title, ng ;any
ofindings contained in the environmental
document prepared for the,permit and would not have any adverse impact on surrounding
properties, may be deemed :a mentan
Permit Adjustment acted upon by the Community
Development Director or designee without a hearing.
Findings Pursuant to Title 17, Chapter 17 44 of the,Municipal Code:
1. The revisions referenced above will riot alter any of the findings of the original approval
of Planhedr'Development No 10 1.
2. The proposed revisions, will not atter any of the findings in the environmental document
prepared ` or;,;Planned Development beVOlopmelitiitio. 1051 and will have no adverse impacts on the
environment
3. The proposed revisions will not.have any adverse impact on surrounding properties.
4. The requested Permit Adjustment application meets the submittal criteria set forth in the
Municipal Code.
Approval of Application
The Community Development Director has determined, based upon a review of the proposed
project, a review of Planned Development No. 1051, the requirements of the Zoning Ordinance
and the above findings that this request for a Permit Adjustment is hereby APPROVED subject
to the following conditions:
1. The applicant's acceptance of this permit and/or commencement of construction and/or
operations under this permit is deemed to be acceptance of all conditions of this permit.
PC ATTACHMENT 5
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM
Mayor Councilmember Councilmember Councihnember Councilmemb a
Pablo Pesantez
June 24, 2014
Page 2
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted
city policies at the time of the permit approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on plans.
3. Conditions of this entitlement may not be interpreted as permitting or requiring any violation
of law or any unlawful rules or regulations or orders of an authorized governmental
agency.
4. The applicant 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 employees concerning the permit,
which claim, action or proceeding is brought within the time period provided by the
California Code of Civil Procedure Section 1094.6 and Government Code Section 65009.
The City will promptly notify the applicant 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 applicant shall
not thereafter be responsible to defend, indemnify and hold harmless the City or its agents,
officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of any such
claim, action, or proceeding, if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of such claim,
action, or proceeding unless the settlement is approved by the applicant. The
applicant's obligations under this condition shall apply regardless of whether a
building permit is ultimately obtained, or final occupancy is ultimately granted with
respect to the permit.
5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall
not invalidate any of the remaining conditions or limitations set forth.
6. All necessary permits shall be obtained from the Building and Safety Division and all
construction shall be in compliance with the Moorpark Building Code and all other
applicable regulations.
7. If any of the conditions or limitations of this approval are held to be invalid, that holding will
not invalidate any of the remaining conditions or limitations set forth.
8. All contractors doing work in Moorpark shall have or obtain a current Business Registration.
9. All exterior materials and colors must be consistent with the approved plans and
specifications approved for the project under this permit adjustment and on file with the
Community Development Department.
35
Pablo Pesantez
June 24, 2014
Page 3
10.The applicant shall submit a fencing plan to the Community Development Director, Police
Department, and Fire Department for review and approval prior to the issuance of any
building permits.
11.Prior to issuance of a final inspection, the applicant shall install a knox-box access system and
breakaway lock by the proposed entrance gate at the main driveway and by the proposed gate at
the existing emergency access driveway at the north side of the complex.
12.All Conditions of Approval for Planned Development No. 1051 are incorporated by reference in this
approval letter and shall continue to apply unless specifically modified by this permit.
13.The Permit Adjustment No. 1 to Planned Development No. 1051 approval will expire one (1) year
from the effective date, if construction with a valid Building Permit has not commenced within that
time.
Please contact Freddy A. Carrillo, Assistant Planner I, at (805) 517-6224, if you have any
further questions.
Sincerely,
David A. Bobardt
Community Development Director
c: Honorable City Council
Honorable Planning Commission
Steven Kueny, City Manager
Building and Safety Division
Case File (PA No. 1 to PD No. 1051)
Chron
36
•
MOORPARK,CALIFORNIA ITEM: 10.A.
Planning Commission
of fo.24 .2014
ACTION: APPRoV t .
BY: T. De
MINUTES OF THE JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
Moorpark, California April 23, 2014
A Special Joint Meeting of the Moorpark City Council and Planning Commission was
held on April 23, 2014, at 8:15 p.m. at the Moorpark Community Center located at 799
Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Parvin called the City Council to order at 8:47 p.m.
Vice-Chair Hamous called the Planning Commission to order at 8:47 p.m.
2. THE PLEDGE OF ALLEGIANCE:
Commissioner Gould led the Pledge of Allegiance.
3. ROLL CALL:
City Council: Councilmembers Mikos, Millhouse, Pollock,
Van Dam, and Mayor Parvin.
Planning Commissioners: Commissioner Di Cecco, Gould, Landis, and
Vice-Chair Hamous.
Absent: Chair Groff.
Staff Present: Steven Kueny, City Manager; Deborah
Traffenstedt, Deputy City Manager; David
Bobardt, Community Development Director;
and Blanca Garza, Deputy City Clerk.
4. PUBLIC COMMENT:
None.
5. PRESENTATION/ACTION/DISCUSSION:
A. Consider Status Report on Mission Statement, Priorities, Goals and
Objectives for Fiscal Year 2013/2014 and Direction for Fiscal Year
2014/2015. Staff Recommendation: Direct staff as deemed appropriate.
Mr. Kueny deferred giving a staff report and stated staff is available to
respond to Council and Commission questions.
37
Minutes of the City Council and
Planning Commission
Moorpark, California Page 2 April 23, 2014
There were no speakers.
A discussion followed among the Councilmembers, Commissioners, and
staff which focused on:
1) Moving forward with the General Plan Land Use, Circulation, Housing
Elements updates;
2) Consider increased mixed use development for the downtown area to
meet Number 7 on the Top Ten Priorities listing;
3) Combining Top Ten Priorities' Number 10 with Number 1 on the listing
to ensure sustainability for the new City Hall and Library conceptual
approvals to be an example piece for our City and ensure they have
LEED Certification;
4) Status report on the Hitch Ranch EIR;
5) Status report on the construction of a new City Hall and Library project;
6) Status report on improving the City's watershed protection and flood
control capabilities and the master drainage study;
7) Pursue feasibility of City serving as an authorized agent to deter
commercial truck parking at commercial/industrial centers;
8) Proactive DUI Prevention program, by the Police Department, at
Moorpark High School to reach out to students;
9) Status report on the Princeton Avenue Widening Project;
10)Appreciation of the maintenance of Moorpark streets; and
11)Benefits of trail system at Arroyo Vista Community Park.
6. ADJOURNMENT:
Mayor Parvin adjourned the City Council meeting and Vice- Chair Hamous
adjourned the Planning Commission meeting at 9:09 p.m.
Janice S. Parvin, Mayor
Daniel Groff, Chair
ATTEST:
Maureen Benson, City Clerk
38
MOORPARK,CALIFORNIA ITEM: 10.B.
Planning Commission
of to- 20ILL
ACTION: APPRo"E'0 •
BY: T. (271-11..,e-12—,
MINUTES OF THE PLANNING COMMISSION
Moorpark, California May 27, 2014
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
May 27, 2014, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Groff called the meeting to order at 7:04 p.m.
2. PLEDGE OF ALLEGIANCE:
Vice Chair Hamous led the Pledge of Allegiance.
3. ROLL CALL:
Present: Commissioners Gould, Hamous, and Chair Groff.
Absent: Commissioner Di Cecco and Landis. (Commissioner Landis
arrived at 7:06 p.m.)
Staff Present: David Bobardt, Community Development Director; David
Klotzle, City Engineer/Public Works Director; Joseph Fiss,
Principal Planner; Freddy Carrillo, Assistant Planner I; and
Tracy Oehler, Administrative Specialist.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
39
Minutes of the Planning Commission
Moorpark, California Page 2 May 27. 2014
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
None.
8. PUBLIC HEARINGS: (next Resolution No. PC-2014-598)
A. Consider Resolution Approving Conditional Use Permit No. 2013-03 for a
Wireless Communications Major Facility to Install 12 Panel Antennas
Screened by Two 10-Foot High Parapets Located on the Rear Corners of
an Existing Industrial Building; and to Install an Aboveground Mechanical
Equipment Storage Enclosure Located at 6144-6176 Condor Drive and
Making a Determination of Exemption under CEQA in Connection
Therewith, on the Application of Vance Pomeroy (Velotera Services, LLC)
for AT&T. Staff Recommendation: 1) Open 'the public hearing, accept
public testimony, and close the public hearing; and 2) Adopt Resolution
No. PC-2014-598 conditionally approving Conditional Use Permit No.
2013-03. (Staff: Freddy Carrillo)
Mr. Carrillo gave the staff report.
A discussion followed between the Commissioners and staff regarding the
total height limit of the building with the parapets, the requested
improvements in order to comply with the City's current storm water
requirements, and confirmation the cable run placement would be internal.
Chair Groff requested it be noted Commissioner Landis is present.
Chair Groff opened the Public Hearing.
Vance Pomeroy, applicant representative, stated the requested conditions
are amenable to the applicant.
Dale Russell, a Thousand Oaks resident, expressed his concern regarding
the health of family members working near the location of the antennas.
Chair Groff closed the Public Hearing.
A discussion followed between the Commissioners and staff regarding the
number of antennas proposed, the parapets' side enclosures with the top
portions remaining open, and their support of the project.
MOTION: Commissioner Gould moved and Vice Chair Hamous seconded a
motion to approve staff recommendation to adopt Resolution No. PC-2014-598,
approving Conditional Use Permit No. 2014-03 with conditions of approval; and
40
Minutes of the Planning Commission
Moorpark, California Page 3 May 27, 2014
making a determination of exemption under CEQA in connection therewith. The
motion carried by voice vote 4-0, Commissioner Di Cecco absent.
9. DISCUSSION ITEMS:
A. Consider Draft Seven-Year Capital Improvement Program for the
Department of Public Works for Fiscal Year (FY) 2013/14 — FY 2019/20.
Staff Recommendation: 1) Find the draft Seven Year Capital Improvement
Program for the Department of Public Works for FY 2013/14 — FY 2019/20
to be in conformity with the Moorpark General Plan, except as noted
above; and 2) Find the planned acquisition of street right-of-way for certain
specified projects described in this report, to be in conformity with the
Moorpark General Plan. (Staff: Dave Klotzle)
Mr. Klotzle gave the staff report.
MOTION: Vice Chair Hamous moved and Commissioner Landis seconded a
motion to find the program to be in conformity with the Moorpark General Plan
except as noted; and to find the planned acquisition of street right-of-way for
specified projects to be in conformity with the Moorpark General Plan. The
motion carried by voice vote 4-0, Commissioner Di Cecco absent.
10. CONSENT CALENDAR:
MOTION: Commissioner Gould moved and Vice Chair Hamous seconded a motion to
approve the Consent Calendar. The motion carried by voice vote 4-0, Commissioner Di
Cecco absent.
A. Consider Approval of the Regular Meeting Minutes of March 25, 2014.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Commissioner Landis moved and Vice Chair Hamous seconded a motion to
adjourn. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. The
time was 7:30 p.m.
Daniel Groff, Chair
David A. Bobardt
Community Development Director
41