HomeMy WebLinkAboutAGENDA REPORT 2015 0318 CCSA REG ITEM 10C M
ITEM 10.C.
C TY OF MOORPARK.CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT BY:
TO: Honorable City Council
FROM: David A. Bobardt, Community Developmentt for i
Prepared by Joseph Fiss, Planning Manager,
DATE: March 12, 2015 (CC Meeting of 3/18/2015) `,
SUBJECT: Consider Permit Adjustment No. 1 to Commercial Planned
Development No. 97-1 and Conditional Use Permit No. 97-2, A Permit
Adjustment to Allow Site Plan Modifications, Including Relocation of
Car Wash Vacuums, Removal of a Water Feature, Replacement of a
Monument Sign, Refurbishment of Perimeter Landscaping, and
Conversion of a Lube and Oil Bay to an Auto Detailing Bay at an
Existing Service Station Located at 550 Los Angeles Avenue
BACKGROUND
On November 20, 1997, the City Council adopted Resolution No. 97-1409 (Attachment
1), approving Commercial Planned Development No. 97-1 and Conditional Use Permit
No. 97-2 to allow construction and operation of a service station with a car wash and oil
change operation. This facility has been in continuous operation since construction.
The developer has requested a Permit Adjustment to allow site plan modifications,
including relocation of car wash vacuums, removal of a water feature, replacement of a
monument sign, refurbishment of perimeter landscaping, and conversion of a lube and
oil bay to an auto detailing bay. Although a Permit Adjustment is normally considered
by the Community Development Director, this one involves several changes to the
design originally approved by the City Council, along with a condition that provides for
contribution to a property line wall with an adjacent property instead of actual
construction of the wall. Therefore, direction is sought by the City Council on this Permit
Adjustment application.
DISCUSSION
Due to changes in the car wash and service station industry, the owner is proposing to
change the operation of the car wash from a full service to a self-serve car wash. In
205
Honorable City Council
March 18, 2015
Page 2
addition, the owner is proposing to change the oil change area to a car detail area,
remove the non-functioning water feature, and refurbish the perimeter landscaping.
As part of the changes to the car wash operation, the applicant is proposing to relocate
the vacuum hoses to the southern boundary of the site, and to make them "self-service".
By relocating these noise sources to an area adjacent to a residential zone, this triggers
the requirement of the Moorpark Municipal Code for sound attenuation. Section
17.24.040 F of the Zoning Code, states "Where a commercial or industrial development
abuts property in any residential zone, a masonry wall or equivalent noise attenuation
structure, a minimum of eight (8) feet in height from the highest finished grade at the
property line shall be erected and maintained between such uses and the residential
zone. In addition, fifteen (15) gallon or larger trees, no less than twenty (20) feet on
center, and shrubbery shall be installed and maintained along the project side of the
wall in a minimum five (5) foot wide, raised landscaped planter to provide a dense
landscape screen."
Although this is required for projects adjacent to residential zones, whether or not
developed, there is an unusual situation in this case. Due to its adjacency to the Arroyo
Simi, future grade elevations for the proposed residential project are not yet known, but
expected to be 3-4 feet higher than the grade of the service station. This could create a
situation where, if built to code, a new sound attenuation wall could be rendered useless
and have to be demolished to allow construction of a retaining wall for the adjacent
residential property.
Recommended Condition of Approval No. 1 in the attached draft decision letter would
obligate the applicant to comply with this code requirement in a functionally equivalent
manner. In lieu of providing a masonry wall or equivalent noise attenuation structure, a
minimum of 8 feet in height, with landscaping, staff is proposing a condition that
requires the applicant to maintain the existing wall, and be obligated to pay 50% of the
cost of an 8 foot high decorative sound wall at the time the owner of the property to the
south obtains a building permit for such wall. A surety will be required to be held by the
City to ensure payment. A 10-year limit is placed on this obligation to ensure closure.
This condition shall only apply to the sound attenuation wall, whereas the landscaping
requirements shall still be required.
In addition to the vacuum unit relocation, the applicant is proposing to remove a water
feature at the corner of Leta Yancy Road and Los Angeles Avenue. This water feature
was not required as public art, and the applicant has indicated increasing difficulty in
maintaining this feature. With the Permit Adjustment, it would be replaced with
landscape planting. Staff is supportive of this change as landscape planting could
better enhance the visual appearance of this site. There are two additional water
features that are not planned to be removed. One is located on the north side of the
building and the other is located on the east side of the building. These water features
are proposed to be repaired and functioning as a part of the remodel.
\\DC1\Depadmenl Share\Communily Development DEV PMTS\C P 011997-01 Gharebaghi\PA No.1\PAD 150318(PA 1)docx 2 0 6
Honorable City Council
March 18, 2015
Page 3
Plans have not yet been submitted for a new monument sign. A standard condition on
the draft Permit Adjustment approval letter would make this sign subject to a separate
sign permit to be reviewed by staff.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Authorize the Community Development Director to approve Permit Adjustment No. 1 to
Commercial Planned Development No. 97-1 and Conditional Use Permit No. 97-2.
Attachments:
1. Draft Permit Adjustment Approval Letter
2. Aerial Photograph
\\DC1\Deparvnent Share Community Developmen3DEV PMTS\C P D\1997 01 GharebagbiPA No.1\PAD 150318(PA 1)docx 2 0 7
1T � :
CITY OF MOORPARK
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� �m COMMUNITY DEVELOPMENT DEPARTMENT I 799 Moorpark Avenue,Moorpark,California 93021
Main City Phone Number(805)517-6200 I Fax(805)532-2540 I www.moorparkca.gov
0
March _, 2015
John Newton (for Moorpark 76 Station)
159 Moonsong Court
Moorpark, CA 93021
SUBJECT: Permit Adjustment No. 1 to Commercial 'Planned Development No.
97-1 and Conditional Use Permit No..97-2, A Permit Adjustment to
Allow Site Plan Modifications, :Including Relocation of Car Wash
Vacuums, Removal of a Water Feature, Replacement of a Monument
Sign, Refurbishment of Perimeter Landscaping, and Conversion of a
Lube and Oil Bay to an Auto, Detailing Bay at;an Existing Service
Station Located at 550 Los Angeles Avenue
Dear Mr. Newton:
We have completed our review of your,. request for,. Permit Adjustment No. 1 to
Commercial Planned Development No. 9740p0 and Conditional Use Permit No. 97-2. Any
change which would not alter any of<the findings pursuantjto;this title, nor any findings
contained in the environmental document preparedhf%the permit and would not have
any adverse impact :on surrounding properties;'"may be.deemed a Permit Adjustment
and acted upon by the'Commurjity Development Director or designee without a hearing.
Findings Pursuant to Title 17 Chablitt17 44 of The Municipal Code:
1. The .revisions referenced above will not`alter any of the findings of the original
approval,of; Commercial Planned Development No. 97-1 and Conditional Use Permit
No. 97-2.
2. The proposed revisions will not alter any of the findings in the environmental
document prepared for Commercial Planned Development No. 97-1 and Conditional
Use Permit No. 97-2 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.
CC ATTACHMENT 1
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM
Mayor Councilmember Councilmember Councilmemher Councihnolui8
Permit Adjustment No. 1 to CPD No. 97-1 and CUP No. 97-2
March , 2015
Page 2
Approval of Application
The Community Development Director has determined, based upon a review of the
proposed project, a review of Commercial Planned Development No. 97-1 and
Conditional Use Permit No. 97-2, 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. Because grade elevations have not been established for future development along
the southern boundary of this site, the applicant shall comply with Moorpark
Municipal Code Section 17.24.040 F. (Masonry Walls and Landscape Screens) in a
functionally equivalent manner. In lieu of providing a minimum 8-foot high masonry
wall along the southerly property line, the following is required: The applicant shall
maintain the existing masonry wall at the southerly property line, and contribute 50%
to the cost of providing a new 8-foot high decorative masonry wall along this
property line at the time of building permit issuance for the new wall, provided that a
building permit for this wall is obtained by the owner of the property to the south of
this project site within 10 years of the date of this decision letter (March , 2015).
Prior to issuance of a Zoning Clearance for installation of the relocated vacuum
station under this Permit Adjustment, the applicant shall provide a surety in favor of
the City for 50% of the cost of an 8-foot high decorative masonry wall. Such surety
shall be provided in a form and amount subject to review and approval of the City
Attorney, City Engineer/Public Works Director and Community Development
Director. The surety shall be held by the City until payment of 50% of the cost of
providing a new 8-foot high decorative masonry wall is made to the owner of the
property to the south, or 10 years from the date of this decision letter (March _
2025), whichever comes first. The applicant shall be responsible for 50% of the cost
of the wall at the time of construction regardless of the amount of the surety.
2. Prior to issuance of a Zoning Clearance for installation of the relocated vacuum
station under this Permit Adjustment, the applicant shall provide detailed
specifications regarding the type and location of the proposed vacuums for review
and approval by the Community Development Director to ensure compliance with
the City's noise standards. Vacuum units at the vacuum station shall include shut-
off mechanisms to avoid continuous noise.
3. Within 45 days of approval of this Permit Adjustment (May , 2015), the applicant
shall submit to the Community Development Director for review and approval, with
the required deposit, three full sets of Landscaping and Irrigation Plans prepared by
a licensed landscape architect and drawn on a plan that reflects final grading
configuration, in conformance with the City of Moorpark Landscape Standards and
Guidelines, policies and NPDES requirements; including, but not limited to, all
specifications and details and a maintenance plan. Fences and walls must be shown
on the Landscape and Irrigation Plans, including connection, at the applicant's
expense, of property line walls with existing fences and or walls on any adjacent
residential, commercial or industrial properties. The plan must demonstrate proper
vehicle sight distances subject to the review of the City Engineer and Public Works
UOC11Department SharelCommumty Development\DEV PMTSIC P D11997-01 GharebaghAPA No.110ecision Letter 150403 aocx 2 0 9
Permit Adjustment No. 1 to CPD No. 97-1 and CUP No. 97-2
March _, 2015
Page 3
Director and in accordance with the Zoning Code, and encompass all required
planting areas consistent with these Conditions of Approval. Review by the City's
Landscape Architect Consultant and City Engineer and Public Works Director, and
approval by the Community Development Director prior to issuance of a Zoning
Clearance for building permit, is required.
4. Within 90 days of approval of this Permit Adjustment (June _, 2015), The applicant
shall install all landscaping and irrigation on approved plans, including 15 gallon or
larger trees, no less than 20 feet on center, and shrubbery along the southern side
of the site in a minimum 5 foot wide, raised landscaped planter to provide a dense
landscape screen to the satisfaction of the Parks and Recreation Director and
Community Development Director.
5. The permit is granted for the land and project as identified on the entitlement
application for a Permit Adjustment and as shown on the attached, approved plans.
The location and design of all site improvements shall be as shown on the approved
plot plans and elevations, except or unless indicated otherwise by conditions within
this letter.
6. All Conditions of Approval for Commercial Planned Development No. 97-1 and
Conditional Use Permit No. 97-2 are incorporated by reference in this approval letter
and shall continue to apply unless specifically modified by this permit.
7. The applicant shall at all times comply with Chapter 8.14 (Graffiti) of the Moorpark
Municipal Code.
8. All exterior materials and colors shall be subject to review and approval of the
Community Development Director.
9. 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.
10.The development shall be in substantial conformance with the plans presented in
conjunction with the application for Permit Adjustment No. 1 to Commercial Planned
Development No. 97-1 and Conditional Use Permit No. 97-2, except any
modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
11.All other conditions of approval of Planned Development No. 966 shall continue to
apply, except as revised herein.
12.AII necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and all
other applicable regulations.
13.Approval of a Zoning Clearance is required prior to the issuance of building permits.
1\DC1\Department Share\Community Development\DEV PMTS\C P D\1997-01 Gharebaghi\PA No.1\Decision Letter 150403.Cocx 2 10
Permit Adjustment No. 1 to CPD No. 97-1 and CUP No. 97-2
March , 2015
Page 4
14.All other permit and fee requirements must be met.
15.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.
16.Prior to the issuance of a Zoning Clearance for tenant occupancy, an occupancy
inspection shall be completed by the Building and Safety Department.
17.Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective
tenant shall obtain a Business Registration from the City of Moorpark. All contractors
doing work in Moorpark shall have or obtain a current Business Registration.
18.This 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.
19.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.
20.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.
21.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.
\1DC1\Department Share\Community Development\DEV PMTS\C P D\1997-01 Gharebaghi\PA No.1\Decision Letter 150403 aocx 211
Permit Adjustment No. 1 to CPD No. 97-1 and CUP No. 97-2
March _, 2015
Page 5
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.
22.A separate sign permit application is required for all proposed signs; all signs must
be consistent with any approved master sign program for the shopping center, which
is subject to the review and approval of the Community Development Director.
The approved Permit Adjustment No. 1 to Commercial Planned Development No. 97-1
and Conditional Use Permit No. 97-2 becomes effective ten (10) business days from the
date of this letter, unless an appeal is filed in writing. The Permit Adjustment No. 1 to
Commercial Planned Development No. 97-1 and Conditional Use Permit No. 97-2
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 Joseph Fiss, Planning Manager, at (805) 517-6226, if you have any
further questions.
Respectfully,
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 CPD No. 97-1 and CUP No. 97-2
Chron
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CC ATTACHMENT 2
ITEM 10.C.
1*4
CITY OF MOORPARK
- V „' COMMUNITY DEVELOPMENT DEPARTMENT 1799 Moorpark Avenue,Moorpark,California 93021
�� Main City Phone Number(805)517-6200 I Fax(805)532-2540 I www.moorparkca.gov
March _, 2015
Moe Sheshebor (for Moorpark 76 Station)
550 Moorpark Avenue
Moorpark, CA 93021
10
SUBJECT: Permit Adjustment No. 1 to Comme , -,(f' •lanned Development No.
97-1 and Conditional Use Permit f -'-2, A Permit Adjustment to
Allow Site Plan Modifications, i, . ' . Relocation of Car Wash
Vacuums, Removal of a Wate -ture, .41, cement of a Monument
Sign, Refurbishment of Per LLandsca;ft, and Conversion of a
Lube and Oil Bay to an , ,v,. ' Detailing Bay .n Existing Service
Station Located at 550 LosAngeles Avenues
r
Dear Mr. Sheshebor: 'e,' $±1-z*
r
We have completed our revie ' ecto ,,request''`for Permit Adjustment No. 1 to
Commercial Planned Development , n 9 1 .• Con I Use Permit No. 97-2. Any
change which would noter any oft fine r rsubthis title, nor any findings
contained in the enanronmental docu Apr- r, the permit and would not have
any adverse impact `n surrounding prorl� ' may tme -erred a Permit Adjustment
and acted upon by the CommunityDevelo: nt Director or designee without a hearing.
Findings .11, .,r o Title`k1 m°: 117.44 clue Municipal Code:
1. T visions r- =',:ced 4a ve will notalter any of the findings of the original
T.approv. no ,Commerci- t .aann-•"Development No. 97-1 and Conditional Use Permit
=
No. 97-2. mowYh ia, la Y
2. The proposi04
;revisions `;"II not alter any of the findings in the environmental
document prepay 't ' or Co ) „l-rcial Planned Development No. 97-1 and Conditional
Use Permit No. 97- " 1: rR Ali€1,7 ve no adverse impacts on the environment.
3. The proposed revisiorS 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.
CC ATTACHMENT 1
JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM
Mayor Councilmember Councilmember Councihnember Councilmember
•
Permit Adjustment No. 1 to CPD No. 97-1 and CUP No. 97-2
March _, 2015
Page 2
Approval of Application
The Community Development Director has determined, based upon a review of the
proposed project, a review of Commercial Planned Development No. 97-1 and
Conditional Use Permit No. 97-2, 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. Because grade elevations have not been established for future development along
the southern boundary of this site, the applicant shall comply with Moorpark
Municipal Code Section 17.24.040 F. (Masonry Walls and Landscape Screens) in a
functionally equivalent manner. In lieu of providing a minimum 8-foot high masonry
wall along the southerly property line, the following is required: The applicant shall
maintain the existing masonry wall at the southerly property line, and contribute 50%
to the cost of providing a new 8-foot high decorative masonry wall along this
property line at the time of building permit issuance for the new wall, provided that a
building permit for this wall is obtained by the owner of the property to the south of
this project site within 10 years of the date of this decision letter (March _, 2015).
Prior to issuance of a Zoning Clearance for installation of the relocated vacuum
station under this Permit Adjustment, the applicant shall provide a surety in favor of
the City for 50% of the cost of an 8-foot high decorative masonry wall. Such surety
shall be provided in a form and amount subject to review and approval of the City
Attorney, City Engineer/Public Works Director and Community Development
Director. The surety shall be held by the City until payment of 50% of the cost of
providing a new 8-foot high decorative masonry wall is made to the owner of the
property to the south, or 10 years from the date of this decision letter (March _,
2025), whichever comes first. The applicant shall be responsible for 50% of the cost
of the wall at the time of construction regardless of the amount of the surety.
2. Prior to issuance of a Zoning Clearance for installation of the relocated vacuum
station under this Permit Adjustment, the applicant shall provide detailed
specifications regarding the type and location of the proposed vacuums for review
and approval by the Community Development Director to ensure compliance with
the City's noise standards. Vacuum units at the vacuum station shall include shut-
off mechanisms or alternative equivalent to avoid continuous noise.
3. A car wash attendant shall be on-site at all times that the car wash is in operation to
ensure that the vacuum motors are shut off when not in use.
4. Consistent with Resolution No. 97-1409, the hours of operation for the car wash are
limited to 8:00 a.m. until dusk. Vacuuming of the parkin° area or the use of any
other noise producing equipment shall not take place between the hours of 10:00
p.m. and 6:00 a.m.
5. The car wash equipment, including the vacuum units, shall at all times be operated
and maintained in compliance with the noise standards set forth in Chapter 17.53
Noise, of the Moorpark Municipal Code.
C:aersynbensonVkppDeta\LocagMicrosafi\Windows\Temporary Internet Ales\Cantem.Dutlook\NBBVYMKIDederon Letter 150003.docx
Permit Adjustment No. 1 to CPD No. 97-1 and CUP No. 97-2
March _, 2015
Page 3
6. Within 45 days of approval of this Permit Adjustment (May _, 2015), the applicant
shall submit to the Community Development Director for review and approval, with
the required deposit, three full sets of Landscaping and Irrigation Plans prepared by
a licensed landscape architect and drawn on a plan that reflects final grading
configuration, in conformance with the City of Moorpark Landscape Standards and
Guidelines, policies and NPDES requirements; including, but not limited to, all
specifications and details and a maintenance plan. Fences and walls must be shown
on the Landscape and Irrigation Plans, including connection, at the applicant's
expense, of property line walls with existing fences and or walls on any adjacent
residential, commercial or industrial properties. The plan must demonstrate proper
vehicle sight distances subject to the review of the City Engineer and Public Works
Director and in accordance with the Zoning Code, and encompass all required
planting areas consistent with these Conditions of Approval. Review by the City's
Landscape Architect Consultant and City Engineer and Public Works Director, and
approval by the Community Development Director prior to issuance of a Zoning
Clearance for building permit, is required.
7. Within 90 days of approval of this Permit Adjustment (June_, 2015), The applicant
shall install all landscaping and irrigation on approved plans, including 15 gallon or
larger trees, no less than 20 feet on center, and shrubbery along the southern side
of the site in a minimum 5 foot wide, raised landscaped planter to provide a dense
landscape screen to the satisfaction of the Parks and Recreation Director and
Community Development Director.
8. The permit is granted for the land and project as identified on the entitlement
application for a Permit Adjustment and as shown on the attached, approved plans.
The location and design of all site improvements shall be as shown on the approved
plot plans and elevations, except or unless indicated otherwise by conditions within
this letter.
9. All Conditions of Approval for Commercial Planned Development No. 97-1 and
Conditional Use Permit No. 97-2 are incorporated by reference in this approval letter
and shall continue to apply unless specifically modified by this permit.
10.The applicant shall at all times comply with Chapter 8.14 (Graffiti) of the Moorpark
Municipal Code.
11.All exterior materials and colors shall be subject to review and approval of the
Community Development Director.
12.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.
13.The development shall be in substantial conformance with the plans presented in
conjunction with the application for Permit Adjustment No. 1 to Commercial Planned
Development No. 97-1 and Conditional Use Permit No. 97-2, except any
C:\Users\mbensonlgppData\Locel\MicrosoMWindows\Temporary Internet Ales Content OutIook\ZNBBY/HMDecision Letter 150403 door
Permit Adjustment No. 1 to CPD No. 97-1 and CUP No. 97-2
March , 2015
Page 4
modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
14.AII other conditions of approval of Planned Development No. 966 shall continue to
apply, except as revised herein.
15.AII necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and all
other applicable regulations.
16.Approval of a Zoning Clearance is required prior to the issuance of building permits.
17.AII other permit and fee requirements must be met.
18.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.
19.Prior to the issuance of a Zoning Clearance for tenant occupancy, an occupancy
inspection shall be completed by the Building and Safety Department.
20.Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective
tenant shall obtain a Business Registration from the City of Moorpark. All contractors
doing work in Moorpark shall have or obtain a current Business Registration.
21.This 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.
22.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.
23.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.
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•
Permit Adjustment No. 1 to CPD No. 97-1 and CUP No. 97-2
March _, 2015
Page 5
24.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.
22.A separate sign permit application is required for all proposed signs; all signs must
be consistent with any approved master sign program for the shopping center, which
is subject to the review and approval of the Community Development Director.
The approved Permit Adjustment No. 1 to Commercial Planned Development No. 97-1
and Conditional Use Permit No. 97-2 becomes effective ten (10) business days from the
date of this letter, unless an appeal is filed in writing. The Permit Adjustment No. 1 to
Commercial Planned Development No. 97-1 and Conditional Use Permit No. 97-2
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 Joseph Fiss, Planning Manager, at (805) 517-6226, if you have any
further questions.
Respectfully,
David A. Bobardt,
Community Development Director
C:\Users nbensonWppDatalocal\Microsoft\WIndews\Temporary Internet Fllee\Content.OutIooIoZNBBY7HMDecision Letter 150403.docx
Permit Adjustment No. 1 to CPD No. 97-1 and CUP No. 97-2
March _, 2015
Page 6
c: Honorable City Council
Honorable Planning Commission
Steven Kueny, City Manager
Building and Safety Division
Case File: PA No. 1 to CPD No. 97-1 and CUP No. 97-2
Chron
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C:\Users\mbensor, 1ppOata\Local\Microaok\Wlntlows\Temporary Internet Ales\Content OutlooMZNBBY/HKDeciaion Letter 150403.0ocx