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HomeMy WebLinkAboutAGENDA REPORT 1992 0219 CC REG ITEM 08DrrEhLL't a. MOORPARK 799 Moorpark Avenue Moorpark, California 93021 -,0 i1805y5M,0864%! ,-,, c f Z 199 Z ACTION: C� COMMUNITY DEVELOPMENT DEPARTMENT / STAFF REPORT e TO: The Honorable City Council L� FROM: Patrick J. Richards, Director of Community Development DATE: February 12, 1992 (City Council meeting of 2- 19 -92) SUBJECT: DP -285, Minor Modification No. 1 (Ventura County Cablevision) Background: On March 28, 1983, the County of Ventura approved Development Plan permit No. 285 for a 41,799 square foot and 24 foot high office and warehouse located at 5360 Commerce Avenue on a 120,00 square foot parcel. The building was to be used as a wholesale beer distributorship office and warehouse owned by E.J. Lagomarsino. Discussion: The Lagomarsino beer distributorship has indicated that they will not be in operation for a period of 3 years (see attached letter, Exhibit 1). On December 30, 1991 Ventura County Cablevision filed an application with the City requesting to occupy the Lagomarsino building. Ventura County Cablevision is requesting to lease the Lagomarsino building and to construct an accessory use to the south of the existing commercial and office building to function as an enclosed service yard for service vehicles and pick -up trucks. Staff has reviewed the initial DP -285 conditions of approval for operation of the beer wholesale distributorship and has determined that granting of this modification to the Development Permit will not be in conflict with the initial conditions of approval that were established in May of 1983. Staff has conditioned this project to install an 8 foot (8 ") chain length fence around the southern side and eastern side of the project site. CRL-02-12- 92 (9:22 am) C:\WP51\CC2- 19.VCC PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR. Mayor Mayor Pro Tem Councilmember Councilmember Councilmember The Honorable City Council, DP -285, Minor Modification No. 1 February 13, 1992 Page 2 An 8 foot (81) masonry screen wall will be constructed on both the western frontage and a portion of the southern side of the project site. Parking: Based upon the existing number of parking and loading spaces, operation of this business will satisfy the parking requirements. However, should both Lagomarsino and Ventura County Cablevision desire to operate on the same site, the existing number of parking spaces would be inadequate. Therefore, condition of approval No. 18, specifies that both businesses may not operate concurrently on the existing site. Director's Recommendation: The Director of Community Development has reviewed the proposed Minor modification and intends to approve it with the conditions of approval (attached). Pursuant to Resolution No. 88 -523, the Director has the authority to approve Minor Modifications. This matter is being presented to the Council as a courtesy. Should the Council desire to appeal the Director's decision a public hearing date should be scheduled. The next available hearing date is March 18, 1992. If the Council takes no action then the Director's decision stands. Recommendation: Receive and file this report Exhibits: 1. Lagomarsino Letter dated February 13, 1992 Attachments: 1. Conditions of Approval. 2. Site Plan 3. Photo /xerox of site. cc: Planning Commission The Honorable City Council, DP -285, Minor Modification No. 1 February 12, 1992 Page 3 ATTACHMENT NO. 1 CONDITIONS OF APPROVAL ENTITLEMENT NO.: DP -285, MINOR MODIFICATION NO. 1 APPLICANT: VENTURA COUNTY CABLEVISION 1. That the permit is granted for the land and project as shown on the Site Plan labelled Attachment 2. 2. That the location and design of all buildings, fences, signs, and roadways, parking areas, landscaping and other facilities or features shall be as shown on the Site Plan, Attachment 2 except or unless indicated otherwise herein. 3. That the permit shall expire when the use for which it is granted is discontinued for a period on one hundred eight (18)) consecutive days or more or should another use begin operations on the existing site. 4. That any changes may be approved by the Director of Community Development upon the filing of a Minor Modification application. 5. That all facilities other than those specifically requested in the application are prohibited unless a modification application has been approved by the Director of Community Development. 6. That the design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of federal, state and County authorities, and all such requirements an enactments shall be reference become conditions of this permit. 7. That no condition of this entitlement shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one site of rules apply, the stricter ones shall take precedence. 8. That continued landscape maintenance shall be subject to review by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the City inspector, within two weeks after notification. 9. That the final design of buildings, walls, fences, signs, and light standards, including materials and colors, is subject to the approval of the Director of Community Development. CRL- 02- 12- 92(9:22am)C: \WP51 \CC2- 19.VCC The Honorable City Council, DP -285, Minor Modification No. 1 February 12, 1992 Page 4 10. All roof mounted equipment that may extend beyond the parapet wall shall be enclosed on all four sides by suitable screening or fencing. Said screening material shall be of similar material used in the construction of the parent building. 11. That all parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs or posts in parking areas adjacent to landscape areas. 12. The signs are subject to the City of Moorpark's sign ordinance. 13. That all drives shall have a minimum vertical clearance of 13 feet 6 inches (1316 "). 14. Ventura County Cablevision shall construct an 8" (foot) high chain length fence around the South and East side of the accessory structure. This fence must be completely landscaped with native vegetation to completely screen the fencing. Prior to occupancy of the building, the applicant shall apply for a Zone Clearance to enable Staff to review the appropriateness -- of the landscaping. The landscaping shall be of the native drought tolerant, low water using variety. 15. The landscaping along the chain length fence shall be in accordance with standards specified within an industrially zoned area. 16. A complete landscape plan (2 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval. The applicant shall bear the cost of the landscape plan review, and installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping shall be in place and receive final inspection prior to issuance of a zone clearance. 17. Prior to issuance of a Zone Clearance, the applicant shall provided some form of financial security to guarantee the completion of the improvements, such as landscaping. The applicant shall place a Surety Bond in the amount of 100% of the valuation of the landscaping and exterior wall maintenance. Said on site improvements, shall be completed within 120 days of issuance of the Certificate of Occupancy. CRL- 02- 12- 92(9:22am)C: \WP51 \CC2- 19.VCC The Honorable City Council, DP -285, Minor Modification No. 1 February 14, 1992 Page 5 within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with the terms or provisions of this agreement, the City Council may by resolution declare the surety forfeited. A surety shall be kept in place for a period of 3 years. 18. Both businesses, Lagomarsino and Ventura County Cablevision shall not operate concurrently on the subject site. Changes in operation or should both businesses attempt to operate on the existing site will violate this permit deem it null and void. 19. Within 60 days of granting of this Minor Modification, the rail cars on the east side of the subject site shall be removed. Any use of the existing spur on the east side of the site or southerly extension of the spur shall require the filing of a minor modification application with the City of Moorpark. 20. Exterior storage of goods, materials, and equipment other than vehicles shall not exceed the fence and wall height of 8 feet (8'). 4 U• (D h rnw 0 1.0y.1 •1 N tr \ /Tr \V r W r• N � n 0 0Fy 0 0 .�.O..1 "V N ,CD ,^ VI \ 0 0 a I..1. r II 0 a f+ P. 0 z 1-A { y1uY. rgpr,r{.0 • 7'IH IY9f•wNr if,.11.ur.r,rpry wNl o .� NINYI "'W'W!M!I " 41!VlYYn '7T lt7N1f•! ^f rfl 1111 M•r N!'� n nrlvn rermmr � s R �• NINNN'VF '1 VI IIIMN4Nwn '1 � Nrv'I/WUHNWIY'I'IN • yll lu.l41N411111WIINW IY WI�M1r4111 u WIH XIrIM I , I.A.11 , i. YY.Yb YYI YIIIIYIImM•I YII I Y11'MIIY rayrrr...11r. YI IY'I.Ii ryN�ull Iu Y1NNINr r I R •(j qz% >j IIIN YIxN rwnu.IX1�111. » ..r. rlrn.'Alnl X.4 .I '4M�IM II IINW IIW.Y�4 M1•INA A NIIIrWIWirrYNy.l.•fa r,u w _ Y.rx rr »� rrn.,u .. ...4 �ry.r• _ IICCFFII 'r .,. + ®1 '....i» r » .. r rr. r ur n Mw'»NY.rI�rr4nM� .r .rr ir.4�.. irYr (r1111� �� \►►FII111YYY�••J///II) t1 •`uyi .'+� •M1W rl i.iur i� r. xry xr. r � •r.. Ir 44..1 v4.1x. _ _ K.:.:..5 �y H N 4.1!i. r u. rrx MU N YIpInItY k14 'M,yifrNp, w N�w nnllY,attwtVw11. ,.. -� - r� PRO.IE _.. � •�' ♦� {Ilro.f /Ii GO..G. nC YAM. • If', 1�'- ' tftacl . PI�iIRF �F��D)!Q/t tirT'ro Itl�olgl gwloq 4 U• (D h rnw 0 1.0y.1 •1 N tr \ /Tr \V r W r• N � n 0 0Fy 0 0 .�.O..1 "V N ,CD ,^ VI \ 0 0 a I..1. r II 0 a f+ P. 0 z 1-A SENT i3Y:Ventura Co Cablevision; 2 -12 -92 4:16PM VENTURA COUNTY CABLEVISION February 13, 1992 The Honorable City Council, February 12, 1992 Page 7 Ms. Mallory Phipps City of Moorpark Planning Department 799 Moorpark Avenue Moorpark, CA 93021 Dear Ms. Phipps: 80537953214 CCITT G3;# 2 DP -285, Minor Modification No. 1 EXHIBIT 1 I am writing to inform you that Ventura County Cablevision has concluded lease negotiations with Lagomarsino Trust. Ventura County Cablevision has secured a three year lease with options. Lagomarsino will not be occupying any portion of the building during this term. Please let me take a moment to thank the Planning Department for its assistance in expediting our plans through the process. The department and, more specifically, fantastic resource to us and our Genera uContractor oven to be a If You have any questions, please feel free to call (805) 379 -5328. me at Sincerely, Johnnie D. Giles Director of Government Affairs CC: Steve Kueny Mayor Perez Pat Richards JDG:df 2646 Tawnsgate Road. Suite 200, Westlake Village, California 91361 SENT BY:Ventura Co Cableufaion: 2 -12 -92 4:16PM : 80537953214 CCITT 63:It 3 Oa NWNN. AV AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATI " STANDARD INDUSTRIAL/COMMERCIAL SINGLE TENANT LEASE -NET I00 rx1N use ItN$ Iofrn lot Millb-TanarN pwarly) 1. Sallie Aovis$ms ("Basle Previsions") 1.1 Parties: TMs lease ("Leave"), doled la tolerance purposes onh: Deeanher 2• 19X1 -Is made by and between InOomnino l itrua, o t'nshersl PnrTtfersliip tlx: d;rroniele Ilbiiahif ("Lessor+} all $�7 a �+� (:ot'yoration (collecllvo►y ufe "Paroles" or Individually a "Partyly. ("Lessee"). 12 Irre"Wooll That certain real property, including AN Improvements Martin or M he Provided by Lessor under the terms of this Lease. sad commenN known by the street address of 5360 fklmntco A%Tpyp,rPnx located III trial Calmly of �uTa _ _« Slate of . _S,slilora, Mini eonernlly deacrdml no fdesctihe Wittily life nature of the nroporty) , �p{LMimrtely 2142 *to�Eoq�ilJlaq a{),Tlatal an 2.7S acres of jand glee► W2 m r Ddlibit W. ( "Premises'). IS60 Paragraph 2 for further 70tIlona.) 1.3 TMm yeare and lmenth ("orl4lnal Tom") commencing QW ('Commencement 061e") and ending I "Explraihm 0ale'y. (SOW Paragraph 2 tot further Drovisions.l 1.4 Early lbaaeellolt ("Early Possession Dole"). (See Porngraphe 3.2 And 3.3 for further nrovislona.1 1.5 Sege Pont: ! per month ( "Salle Pent"), payable on the 1`4 nee day al each month commencing �9eeaalbet- }. -i99;. r (Sao Paragraph 1 for further VMvislons.l ❑ 11 INS boa Is checked. them are provislona M this Lease for the Base Rant to be adjusted, 1.8 0800 Rent Bald vD«s Execullon: S a$ Base Rent for the period felt for 1r 1 be at m r harre ra (sere. 1.7 Security Deposit: S 1 "SecwRy ►osH"), (See Pafagraoh S la further proNebns.) 1,0 Pill ill! offices, t9laineari:nt, atOrMte and distrabtitn op, (Sea Paragraph B law further pr000lslons.) 1.9 inastrih0 Forty: Lessor lithe "Inewing Party" unless otherwise slated herein. (Sea Paragraph a IN luNhet provialona.) 1.10 Real Estate Brokerst The following real estate brokers [collectively, the "Brokers') and brokerage relationships exist In this Itanvection and are consented to by the Partras (check apolicabie boxes): bon T.. E " represents M Lessor exclusively ("Lessor's Broker "); ❑ both lessor and Lessee. and 11Mi11�«ff}1 cciaL Tft�terrial past F�reatw fepfeaanla ® Lessee exclusively 1 "Lessee's Broker); ❑ both Lessee and Lessor. 19ee Paragraph IS for rlher provislons.) 1.11 Auaranlor. The obegolbns of the Lasses under INS Lease are to be guaranteed by ( "Gusrentitr"), (See Paragraph 37 for further orovlalona) 1.12 Addenda Atlachart herein Is an Addendum or Addenda consisting of Paragraphs 49 through -53_, end Exhibits "Art �i�l�illtZ�C� aA of which conSINals a 02A of (his Lease. t PhrarM.ew 2.1 Lalkoq. Lester hereby Iense to Lessee, and Lessee hereby tosses from LsswK the RerelseL for the larm, fit IM rental. and upon slot the Imme, t evannlas sari cdhrltllOnx eel fall N tine LoOS, lA4ess out6roRlae MmMlml hmMn, any stnlAnWhl DI aryluta InelAge set lnrlh in INe Lealin, a 1M1 may have been used b calculalluq 14111101.11 an e0morknallon which L�i�o� oral Lessee agree is reasonable and the rental based thereon Is not subled Is revision whoeNr Of hall the actual e4usa leotago I9 more on Iasi a 2.2 CondMon. Lessor Mall deliver the Me 9 ID Losses clean and has of dabila on firs Ctrnmeneeme - Oslo and warrants to Lessee that the nls*M Mumbkrg, R1. sorknkfor f rslem, rghun11 cOnd1110ning, he 11 d boding doors, it arty, M the Remises, other than loan eons ruci/0 by Lessee. shall be In 900d oeersoing eOnditlon On the Commencement OM i rhon- comOflara a with said warranty educe an of the C rnmoncameM We. Lsafe► chap, fatePt 03 olf""'V14e OFtnided M this lease, Promptly ntirtt receipt of wtrlen notice tom Leese 9011114 forth wlh eoecllkey the nature and edera of such non.comolience, rectify same all a'e ssper'ee. 11 Lvis" Jose not ¢ire Lessor written notice of a nett - compliance wish this wepteMy hretah thirty 1301 days after the COmmencamard Da�orrecibn of INA nap - compliance shoe be the aNgadoopnpoff Losses N Lasee'a sole coal and eroenee© spofkxble Coveffi1M3 otter 3111:110111 oaf record all cep �Abl bas Idkoq codes, regula,ons std J:111;ceaTn� cl en the the COmm41ncement Dale. S Id wtarAnty does nor apply to the we le wwhlch Losses rte put the rremison or to any Alterations or Milily Instal Orton$ lax defined in Paragraph L] [al) made nr to be rnada by Les ,1ee If the Promises d0 not comply with NM wnnOnN. Lollar 11111111. Illegal 41 otharwise provided in IN* Lomas. otontotty, gain recotol M woolen "lire hnno Lessee 9e11M lath wllh sm.clra:ity the nnitre nntl 19910M all such nnn- conoollAU":a. tacitly the game or Lessor's expense. IslOaaae. Ali" loo 2.4 Accaplance of ►v.misea lessee Mrehy ackrgwkhdpe9: la) that a hits to-en advised by the Brokers 10 eati9ty kW;I with 'aspect 10:11e Oondlllcn M the MnmiOee Iinchatirrn tad not alined l0 Ow ekrciriral and firs apr no""' syslema, itculdy, ernkonrngMAl aspects. co11Mlima:e wlh Ar4Amhle taw% 111 rinfkmrl its r'nrntpaph a 31 Moat Iha PreReM all huhre 11rilAbIlity Of 1t. frrnlsex lot lAsxce's kdMUled use, (hl that Lessee has math such ownsllgalon as of donma nwcrtaaty w'ti' renr:e to such maniple Roof nlsumee as reslwnsdlMy lbnlelOr nx Ibe aamn rek'Ie to La9te't OCC1t0anc�'y al the ReAtiass Ardhor MM Iqm M Pad• I en rid Irl'h,, ntathet L►ssoa'oin troy M Lessor's ngnnra, tinR made Any ornl or widen rePree4rNM10na M warra11lNa wtih 1aa0o" In the ctal maew41 'er lhnn as eel lath N thl■ Lean. 25 Lnspe Point o-etro.eupeM the wnrranftn mntln Ivy Lesgfx let Ihiv Ni.mintat 2 'hall ton of ale kwee At $611'.1 it lmmnreAlely trtor M the riMe ferlrh et 1'ataeturo n 1 re +see cons ih0 owner or neeuMrol of Via frerntses. kr such arenk Leeson shell, all Lessee's We cost reel arwnse, carted any nen•eernhlatnr.9 M the rrnm w..a vrdh Mid warranties. 3. Trull, 3.1 Temp. The Cnm 1 mM11 Dale. Expiation 0,114 and orgkW Muni of this LAa3e life As sp4Naed In rata 0 Y+ tilt 13. ] 2 Early fb..e.aoti .luln9y at partially Occupies lion no lanes Irlor to IIM CoflllfiomporipM 041., file Dheglllbn 10 any Date find shat be abated for .too Dorval no such rosily possasuon. AN e0wr Inrms of this Lease, however, ftrtcluding but nM "led TO the nblg0lions b Day neat Proter faxes and vrluranre rrrmntms and t0 mamla'n IM Aemts -$I al-fill be h% effort during such petard, Any such early "$session $Me apt 1111W nor AthArCf Iha Fitwaftrao male of the Ur'Omnl relrn -`• ` `9 "ET rACE t 7♦ leM�atw..•".w r_d......a Ow iwwe e•wt.ar.w FOAM *t4N-2ra0 0 xt r_ Ott ; �� :.....L•r � t Au Ok iii j 74'' 4 t ! �7+ ` 17, iy .J r t 1 "• 4� t ,1 V. Cil ct wl I ry F, '.. 1! 7 5- E¢rrE All J L 7— t