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HomeMy WebLinkAboutAGENDA REPORT 1993 1006 CC REG ITEM 09ATO: FROM: DATE: SUBJECT: MEMORANDUM The Honorable City Council ITEM 'is 1171ARK, CA ACTION: Z Ly Jaime Aguilera, Direct or of Community Development Paul Porter, Senior Planner September 15, 1993 (CC meeting of October 6, 1993) INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 93 -1 AND LOT LINE ADJUSTMENT NO. 93 -8 (G &S PARTNERSHIP) Background On July 16, 1993, the G & S Partnership applied for the above captioned projects. The applicant is proposing to construct two industrial concrete tilt -up industrial warehouse buildings. The proposed buildings will be used mainly for a regionally oriented direct mail processing and distribution center with no sales area. There will be 33 truck wells and a total employment of approximately 300 people with approximately 150 people per shift. The first shift starts at 7:00 a.m. and ends at 3:30 p.m., while the second shift starts at 4:00 p.m. and ends at 12:30 p.m. At a duly noticed public hearing on September 14, 1993, the Planning Commission adopted the attached Resolution recommending to the City Council approval of a Lot Line Adjustment to consolidate three existing parcels into two parcels by eliminating one of the lot lines and an Industrial Planned Development Permit to construct two industrial concrete tilt -up warehouse buildings as follows: Site area: BUILDING AREA: 19.3 acres Building One 262,000 s.f. Building two 152.500 s.f. Total 414,500 s.f. The attached Conditions of Approval in legislative format are those conditions as recommended by the Planning Commission. Potential Economic Incentives The applicant's representatives have met with a City Council committee (Councilmembers Perez and Wozniak) concerning incentives to build the proposed project in Moorpark. A report from the Committee to the City Council was given at the September 8, 1993 PP09:15: 9313:1 0jmA:\CC.AW 1 Council meeting. Any action taken will be reported to the Planning Commission at the scheduled September 10 hearing on the project. The Committee has made three (3) recommendations that affect the proposed conditions of approval as follows: 40. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $10 per each 100 square feet of building area. In lieu of the required payment, the applicant shall expend an equivalent or greater amount of money to enhance the design of the entry treatment for the project. 85. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, and to fund public street and traffic improvements directly or indirectly affected by the development. The covenant is to be approved by the Director of Community Development and City Attorney. The Committee and applicant concurs subject to Council approval to substitute this condition with the following language. Prior to issuance of the Zone Clearance for the Building Permit, the applicant shall pay $200,000 to satisfy its obligation for City -wide traffic mitigation. 50. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $ .05 per sq. ft. to be used to install, maintain and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. The committee is recommending to the Council that this condition be deleted since the site has been graded for several years and all natural landscape was removed at that time. This was the same action the City Council took with the recently approved Kavlico project. Discussion No members from the public other than the applicant and the applicant's representatives spoke at the hearing regarding the Industrial Planned Development. The applicant submitted a letter to the Chairman of the Planning Commission ( see Attachment 3 ) dated September 9, 1993 addressing several of the Draft Conditions of PP09 :15:93 13:10JM&.- \CC.JM 2 Approval for the Industrial Planned Development Permit. The Planning Commission addressed each of the items addressed in the applicant's letter. The Planning Commission's recommended changes to the Conditions of approval are typed in legislative format which is attached to the Planning Commission Resolution (see Attachment 1) recommending to the City Council approval of Lot Line Adjustment No. 93 -8 and Industrial Planned Development Permit No. 93 -1. Planning Commission Issues The following are some of the more significant items discussed by the Planning Commission regarding the Industrial Planned Development Permit and their recommendations: 1. Condition No. 32 (d) recommended required disposal areas be protected from weather conditions which might render collected recyclable materials unmarketable. The Planning Commission indicated that this issue had not been a problem for the applicant in the past, as the applicant could store materials inside the building until weather conditions were satisfactory and that materials that would become wet would eventually dry out sufficiently to be marketable. Therefore, the Planning Commission recommended elimination of this condition. Staff Response Staff recommends that this condition remain as written, because cardboard becomes less marketable once it is wet. In addition, this is now considered a standard condition for all projects to help with AB 939 compliance. Therefore, staff suggests that the wording remain as follows: 32. d. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. 2. Condition 34 (d) required that colored concrete designed be installed in the open area located at the northeast portion of the property due to the fact the property could be readily seen from the Moorpark Freeway. The applicant indicated that tire marks and oil stains would create an unsightly condition. After discussion of this issue, the Planning Commission recommended that a combination of regular and colored concrete be used to create a design which would be approved by the Director of Community Development. PP09:15:93 13:1GIMA.\CC -JM 3 3. Condition 35 (i) conditioned the applicant to provide landscaping along the Caltrans slope to the east of the subject property between the Freeway and the property. The Planning Commission indicated that it was an undue burden for the City to require the applicant to provide landscaping on property owned by Caltrans and thus recommends to the City Council elimination of this condition. Staff Response This slope will be viewable by the public after construction of the building. It is our understanding that Caltrans may have an obligation to landscape this slope as a condition of purchase from CC &F in approximately 1990. If this is accurate, this could allow the applicant to meet the condition at the expense of Caltrans. In any event, the applicant should be responsible for landscaping the slope. The landscaping shall consist of trees and ground cover. The applicant should also be required to maintain the landscaping because of the fact that the landscaping will be placed on a downward facing slope adjacent to the building. Maintenance of the slope would be more easily maintained by the property owner. 4. Condition No. 64 required that the applicant have no repair or maintenance of trucks or any other vehicle outside the industrial building. The applicant indicated that the propane forklifts are serviced by an outside contractor on a monthly basis which is performed outside the buildings. After discussing this matter, the Planning Commission recommended that any repair of forklifts be done in a designated screened area, or within the building. Staff Response Staff desires additional language be added to this condition informing the applicant that any designated screened area for the repair of fork lifts shall require approval of a Minor Modification to the Industrial Planned Development Permit. Therefore, staff recommends condition 64 read as follows: 64. No repair or maintenance of trucks or any other vehicle shall occur outside of the industrial building. Maintenance of forklifts shall take place in a designated screened area. Maintenance areas shall require approval of a Minor Modification to the Industrial Planned Development Permit. PP09 z 15 z 9313. J QpM. \CC.IZf 4 5. City Engineering Condition No. 79 required the applicant to construct improvements along Los Angeles Avenue. The applicant objected to this condition on the grounds that the previous property owner had paid fees meant to address this issue. The Planning Commission recommends that the applicant not be responsible for any improvements in excess of $ 213,000, which was the amount originally calculated by the County as the cost for the improvements. Staff Response Staff recommends that the last sentence of this condition be modified to reflect the improvement obligation is only for the New Los Angeles Avenue frontage of the subject parcel with no cap on the improvement cost. Therefore staff recommends the following language for Condition No. 79: 79. The applicant 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. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the applicant at his expense. The Agreement shall be prepared by the City and shall be signed by all parties of interest. The improvements shall include concrete curb and gutter, sound /screen wall, sidewalk, street lights, striping and signing, paving, medians, traffic signal modification, controller re- phasing, traffic control, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The applicant shall dedicate the necessary right -of -way to make all of the required improvements. The applicant shall be responsible for improvements on their New Los Angeles Avenue frontage only, which shall include construction of concrete curb and gutter, sound /screen wall, sidewalk, street lights, striping and signing, paving, medians, traffic signal modification, controller re- phasing, traffic control, transition of the improvements onto existing New Los Angeles Avenue and other Caltrans right -of -way, and any necessary transitions and related costs. Outstanding Staff Issues 1. Condition No. 16 requires the applicant to plant a continuous line of 15 gallon California Pepper trees in front of the Cal Trans right -of -way in front of the truck doors. Staff PPO9:15:93 13:1OpO:\QC.m= 5 believes that additional verbiage should be added to this condition requiring that the applicant maintain the trees because of the fact that they would be placed on a downward facing slope adjacent to building. Maintenance of this slope would be more easily maintained by the property owner. Therefore, staff recommends condition 16 read as follows: 16. The applicant shall plant at 20 feet on center a continuous line of 15 gallon California Pepper trees in front of the truck doors within the Cal Trans right -of -way along New Los Angeles Avenue, location of which shall be determined by the Director of Community Development. The applicant shall be responsible for maintaining this area. 2. Condition No. 50 was changed to reflect that the applicant pay $ .05 per square of the building to be used to install, landscape work on public property. In reviewing Resolution No. 88 -524 passed and adopted by the City Council on November 29, 1988, it was noted that the fee is based on the size of the pad space, not square footage of the building. Therefore staff recommends that if the condition is imposed, it be modified to be consistent with the language of the Resolution: 50. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $ .05 per sq. ft. of the of the pad space to be used to install, maintain and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Recommendations: 1. Open the public hearing and accept public testimony. 2. Consider the Mitigated Negative Declaration and related Mitigation Monitoring Program prepared for these entitlement projects prior to approval of the projects. 3. Make the appropriate findings (see Attachment No. 2). 4. Approve Resolution No. 93- approving the requested Lot Line Adjustment and Industrial Planned Development Permit. PP09:15 :9313 :1 Op .- \CC.XM 6 Attachments: 1. Planning Commission Resolution 2. City Council Draft Resolution 3. Letter to Chairman Wesner from The Voit Companies dated September 9, 1993. 4. Planning Commission Staff Report dated September 13, 1993. 5. Planning Commission staff report dated September 7, 1993. PP09:15:93 13.10j=A:\CC.X= 7 Intersection of Pacific Avenue and Wooley Road in the City of Oxnard. Improvements consist of red stamped concrete, regular concrete and asphalt. Note the fading of the colors and the tire marks from cars and trucks.