HomeMy WebLinkAboutAGENDA REPORT 1992 0219 CC REG ITEM 11JMOORPARK
799 Moorpark Avenue Moo-nark. California 93021
IV1 V � 1 i p 1�V
TO: The Honorable City Council
FROM: Lillian E. Kellerman
DATE: February 14, 1992
(805) 529 -6864
SUBJECT: CONSIDER OBJECTION TO SALE OF TAX DEFAULTED
PROPERTY (APN )
SOC - o -- 0.20 ^'`tr 75-
The City has received a "Notice to Taxing Agencies Regarding Sale
of Tax Defaulted Properties" from the County Assessors Office. The
Moorpark property listed is a narrow strip of land approximately 15
- 30 feet wide located on the south side of Los Angeles Avenue
between Regal Condominiums and the Burnette property extending
from Los Angeles Avenue to the Arroyo Simi.
Staff is researching easements and other encumbrances that may
exist on the subject property and depending on that research will
recommend objecting to the sale and requesting an "Agreement to
Purchase" for this property.
Staff has received an extension of the February 14, 1992 response
date to February 20, 1992 to allow sufficient time for the
aforementioned research.
RECOMMENDATION
Object to the sale of the property and approve an agreement to
purchase subject to the City Manager's review.
Attachment: map
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT k+ONT _OMERN BERNARDO M. PEREZ R:Y E. TALLEY JR.
Mayor Mayor Pro Tern Councilmercer Councilmember ,ouncilmember
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Tract 3537 -3. M.R. Sk.99,Pg.26(Condo.)
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NOTE— Assessor'e Block Numbers Shown In Ellipses
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County of Ventura, Calif.
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CITY OF MOORPARK
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County of Ventura, Calif.
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CHANGES REQUESTED BY THE APPLICANT,
CUP -706, MINOR MODIFICATION N0.4,
February 193 1992
ITEM #1 h final sentence of Condition No. 1 must be revised to read
"Minor Modification No. 3" instead of "Minor Modification No. 4.
ITEM #2 hrase "or for some other just.cause" must be removed from
Con ition No. 25.
ITEM #3 e Ci must specify the amount of the fee requested in Condition
No. Conejo will agree to a maximum of $5,000.00.
ITEM #4 Conejo requests that the second paragraph of Condition No. 27 be
removed and the following inserted:
The start -up and departure ofnbulk cement and
aggregate trucks shall be permitted outside of
do_t� normal hours ofj operation. Should applicant
i fled r-, o-+.e- r i.aJ2_0
h S
1:ck .;ont=vmat to provide concrete, for highway,
road., or'other construction that takes place
afi —fit,: appii-cant - shall prey` de iWice. `to
works the Director of Community Developmen- 72 hours
C-0 n-��uc_-� prior to such operation. Hours of operation cLO r_
restrictions shall be waived in case of
emergency work necessitated by imminent danger
to property, health, or human life. a
ITEM #5 nditions Nos. 35 and 51 must be removed.
ITE #6h second paragraph of Condition No. 52 must be removed.
ITEM # Cobdition
No. 56 should be deleted.
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 17
ATTACHMENT 3
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL CONDITIONS OF PROJECT APPROVAL:
1. That this permit is granted for a concrete batch plant and
accessory buildings as described in: a.) the application dated
November 19, 1990; b.) the project description contained in
the application; and c.) as shown on the site plan (dated 5-
21-81), except or unless indicted otherwise therein. All
previous land use entitlement permits predating CUP- 706,vdMm w
are null and void. All conditions of the
CUP -706, v;^ ^�- t'- remain in u orce an
\. i V ii�Zl� -F
effect except as modified by this Minor Modification permit. P
2. That this concrete batch plant shall be limited to one (1) e(,
cement silo, one (1) elevator and batcher, one (1) loading �p
hopper and conveyor belt, one (1) 642 square foot office
building, one fly ash silo, and one ( 2 ) 3,200 square foot shop
building.
3. That the location of all buildings, fences, signs, roadways,
parking areas, landscaping and other facilities or features
shall be as shown on the site plan submitted with the 11 -19 -90
application, except or unless indicated otherwise- herein.
4. That -the permit is granted * for . a period 'of time of ten - :(10 )
years, ending May 21, 2001.:
5. That if any of the conditions or limitations of this
Conditional Use Permit are held to be invalid, that holding
shall not invalidate any of the remaining conditions or
limitation set forth.
6. This permit shall expire if the use for which it is granted is
discontinued for a period of 180 consecutive days or more as
determined by the City.
7. That upon expiration of this permit, or abandonment of the
use, any structures no longer being used shall be removed. Any
office building, or shop building shall not be required to be
removed if they are to be used under the provisions of the
City's Zoning Code as a legally permitted principle use on the
subject site at the time of termination of this permit. All
cement batch plant equipment and related raw materials used in
the manufacture of cement shall be removed within 90 days
following the expiration of there permit.
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 20
The permittee shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the permittee.
19. No noxious odors shall be generated from any use on the
subject site.
20. The applicant and his successors, heirs, and assigns shall
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the City.
21. Prior to this approval of the Minor Modification, the
permittee shall sign a statement indicating awareness and
understanding of all permit conditions, and shall agree to
abide by these Conditions and present such statement to the
Department of Community Development.
22. The applicant shall make a one time only contribution to the
City of Moorpark in the amount of $.25 per square foot of
gross floor area of buildingsjjincluding concrete batch plant
footprint, to support the City's current and future park
system. X11 -��}� off- '4vcz
23. The applicant shall make a one time only contribution to the
City of Moorpark's Art in Public Places Fund, an amount of $10
per each 100 square feet of ��c- or�c�jo-
b S ,D-x Q- -i �m�z o� a-�-P cow X52. C
24. Prior to ssuance of a Minor .-Modification,..the; permitt e
shall make. a contribution to the Moorpark Traffic Systems Ul-o �-
Management Fund of $.15 per square fo t of floor area of
buildings including concrete batch P14 to fund �Q
Traffic System Management programs as a mitigation measure to
fully mitigate air quality impacts so as to fund TSM programs It
or clean fuel programs as determined by the City.
25. Prior to the issuance of the Minor Modification, a Surety
Performance Bond in the amount of $10,000 shall be filed and
accepted by the Director of Community Development. The
Director of Community Development, may, through a public
hearing to be heard before the City Council recommend that any
or all of the funds in the Performance Bond be forfeited for
noncompliance of the Conditions of Approval& or €e.- seme94h2r
)QA ti A $10,000 surety shall be maintained with the
Department of Community Development at all times during the3w - -e -r nl
youms of this permit. -This condition shall automatically be
superseded by a related resolution or ordinance regarding
/ condition compliance for entitlement approvals adopted by the
t City Council.
CUP -706, 1_inor 'codification No. 4
Conejo Ready Mix, Inc.
February 14, 1992 t
Page 21 t 4� i_';
•
26.A,The applicant, permittee, or successors in interest, shall
submit to .the Department of Community Development a fee to
cover costs incurred by the City for Condition Compliance
review... The applicant shall pay all outstanding case
processin Planning and Engineering), and all City legal
services prior to issuance of the Minor Modification to 0-3-1
NOISE - CONDITIONS OF APPROVAL:
27. The.hours of operation for Conejo Ready Mix, Incorporated
shall be Monday through Friday, 5:30 a.m. to 6:00 p.m. and
Saturday 5:30 a.m. to 1:00 p.m. On Sunday no operations shall
occur. The following limited operations may take place after
6:00 p.m.: 1) Ready mix trucks returning to the site after
6:00 p.m. Monday through Friday or after 1:00 p.m. on
Saturday, will be allowed to wash out into the reclaimer and
park'. Warm up of trucks may begin at 5:15 a.m. No delivery of
bulk materials may take place prior to 6:00 a.m.
1 Conejo eady Mix, In need to op ate beyond t e above
sp c ied t" a Conejo a Mix, In all appl fora
tem or use pe "t at le st month rio to the o tside
no 1 o rat' ns p osed erat" g d The empora use
rm t ma b appr ed the Dire for o Commu ity
De pment n shall I i sued at he discretio of the
Director of C unity Deve ment with itions as ed d.
28. No exterior intercom systems shall be used before the hours of
$ ::00 a.n. and. after 6:00 p.m.. Any exterior.intercom'system
may not exceed 65 dBA measured at the property line.
29. All roof mounted equipment and other noise generation sources
serving the structures on -site shall be attenuated to 65
decibels (dba) (during normal hours of operation) at the
property line, or to the ambient noise level at the property
line measured at the time of the permit approval. The Director
of Community Development may request that a noise study be
submitted for review and approval which demonstrates that all
on -site noise generation sources would be mitigated to the
required level. The noise study must be prepared by a licensed
acoustical engineer in accordance with accepted engineering
standards. Determination if a noise study is needed shall be
made within 6 months of the granting of this Minor
Modification to the Conditional Use Permit. Failure to submit
a requested noise study within 3 months of the Director's
determination will result in automatic revocation of this
permit.
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 22
30. Raw materials must be delivered during normal business hours
of operation.
31. Any stationary engine, shall be equipped with a muffler of a
type recommended by the manufacturer. No stationary internal
combustion engine shall be operated on the project without
said muffler. No internal combustion engine shall operate in
a stationary manner in excess of 65 dBA during daylight hours
at the property line, excluding licensed vehicles.
TRAFFIC /PARKING - CONDITIONS OF APPROVAL:
32. That all parking and storage shall be within the perimeter
fence.
33. No outside storage of any materials or overnight parking of
any semi- trucks or any other vehicle shall occur outside of
the perimeter of the property line.
34. That no parking spaces shall be located within ten (10) feet
of a vehicular entrance to the property; that all areas shown
as parking areas shall be surfaced with asphaltic concrete or
concrete and shall be suitably marked, outlining individual
parking spaces and traffic flow.
DELETION, SUBJECT TO RESOLUTION OF FUTURE ROADWAY IMPROVEMENTS AND
FLOOD CONTROL IMPROVEMENTS.
35. In. k cognition of the need . for public st et and. traffic
improv nts to meet the demand gene ad by cumulative
developmen in the City, the applic t shall prior to the
issuance of th inor Modification xecute a covenant running
with the land on alf of its and its successors, heirs,
and assigns agreeing art' -pate in the formation of and be
subject to an assess t district or other financing
techniques including not 'mited to the payment of traffic
mitigation fees, provide ds for such improvements,
should such a m anism be establi d by the City.
36. That all required yards, fences, parking areas, storage areas,
operations yard, and other open uses on the site shall be
maintained in a neat and orderly manner at all times.
CONTROL OF DUST CONDITIONS OF APPROVAL:
37. That within ninety (90) days of approval of this permit,
vehicle storage areas shall begin to be surfaced with asphalt
or concrete and must be completely surfaced within 160 days of
approval of the permit. Thickness requirements shall be at
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 24
required to remedy any defects in ground maintenance, as
indicated by the City inspector, within ..wo weeks after
notification.
45. The applicant shall place a Surety Bond prior to the Minor
Modification being approved in the amount of 150% of the
valuation of the landscape plan and Wall plan to insure that
landscaping of Los Angeles Avenue will occur.
ENVIRONMENTAL HEALTH- CONDITIONS OF APPROVAL:
46. Prior to approval of the Minor Modification, the proposed use
shall be reviewed and approved by the Ventura County
Environmental Health Department to ensure that the proposal
complies with all State and local regulations related to the
storage, handling, and disposal of potentially hazardous
materials, and that any required permits have been obtained.
If required by the County Environmental health Department, the
applicant shall prepare a hazardous waste mi- aimization plan.
47. That disposal of all potentially hazardous wastes shall be by
a means approved by the Ventura County Environmental Health
Division.
48. That adequate sewage disposal shall be provided in accordance
with the requirements.of the Environmental Health Division.
49. :..That.. art adequate., ;.:safe, potable. supply....of ..water shall be
provided for the occupants and users *of these facilities.
CITY ENGINEER- CONDITIONS OF PROJECT APPROVAL:
50. The applicant shall demonstrate to the City Engineer that any
new building pad /foundation has adequate protection from a
100 -year storm per City Ordinance No. 100 and feasible access
during a 10- year storm.
51. The applicant sha deposit with ttrO City a contribution for
the Los Angeles Aven Area Contribut =on. The actual
deposit shall be the then c t area of contribution rate at
the time of approval of _i Modification No. 4 for
Conditional Use Permit N 706. De it of these funds shall
occur prior to granti of the Minor ification.
52. Within six months from the time of approval of the renewal of
CUP -706, the applicant shall, under the supervision of the
City Engineer, prepare and submit a proposal for remedial
measures to the Arroyo Simi. The proposal shall be designed
to restore topography on applicant's site to a condition in
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 25
which the site's effect on flood water surface elevation is
substantially the same as that in the Flood Control maps dated
1967. A11 mitigative measures shall be implemented within one
year of acceptance of the proposal by the City Engineer. The
Ventura County Flood control District, the California
Department of Fish and Game, and any other agencies with
jurisdictions. An extension of time for completing the
mitigative measures may be granted by the Director of
Community Development and the City Engineer provided that
substantial progress is being made towards completing the
mitigation.
O,J k-+ C- --eL c-4 c_O Vl 0)
Applicantq may conduct or pay the City of Moorpark all
expenses associated withX further preliminary studies of the
Arroyo Simi to determine whether any mitigation measures would
be effective in reducing flood water surface elevations. The
limits of this study will be form the bridge immediately
downstream to the bridge immediately upstream of the
applicant's property. If these studies reveal, to the
reasonable satisfaction of the City Engineer and the Ventura
County Flood Control District, that mitigation measures on the
applicant's and adjacent sites would not be effective, the
mitigative measures on applicant's site described in this
condition may not be required. (Realignment of the Channel may
be required at the discretion of the Flood control District
based on results of the studyy� b�,- i.� ctio
k� -Q-6 i-o rQ S-%O « _ S 4e- o cL�
53. City No. 100 the Federal Emerge ilcy Management.
S
Ordinance and
Y4
Agency (FEMA),: require updating of the National .Flood
/
Insurance . Program :maps for affected areas , whenever any..
�x
alteration of a watercourse is made. If a FIRM map. revision is
`)
necessitated by mitigation measures performed on the
applicant's site, required by the above Condition No. 52, all
necessary materials required by FEMA for a map revision shall
be provided to the City Engineer's office within six months of
the determination that this mitigation requires a FIRM map
revision. This material will demonstrate the new 10, 50, 100,
year flood plain locations following the mitigative measures.
This information will be forwarded by the City Engineer to the
FEMA for review and updating of the National Flood Insurance
maps. A conditional letter of map revision shall be provided
to the City prior to the granting of any additional extension.
The applicant will be responsible for all costs charged by the
FEMA and incurred by City's Administrative, Engineering,
Legal, Planning and other staff related to FEMA revisions
required by mitigation measures performed on the applicants'
site.
l
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 26
54. Prior to any work being conducted within the State or City
right -of -way, the applicant shall obtain an Encroachment
Permit from the appropriate agency.
55. If necessary, the applicant shall obtain a Ventura County
Flood Control District Watercourse Encroachment Permit and a
permit from the Department of Fish and Game and the Army Corp
of Engineers if deemed necessary. If multi- agency coordination
cannot be accomplished then the applicant shall immediately
return to the Community Development Director in order for the
City to establish the appropriate agencies recommendation to
abide by. 11 1
�t ciSu� (pnnc1n IS crib+ c QOAQC� �o _ o.._ SULCQ�aOs Ln IxTE QS+
56. revocable offer to dedicate 64' of right -of -way and
easements along Los Angeles Avenue was granted to the County c
of Ventura and recorded on May 27, 1981 Th' additional width
of rig -of -way (R.O.W. appears ade ate b the City for
alternati widening all. ents should is a ement be
deemed legal binding for th the City al eirs,
assigns, and inter is of the app 'cant.
If this agree t is determined to be insufficient or inva 'd
` for any of the p ies mentione ove the applicant shall,
within 30 days follo Cit Council approval of The Los
Angeles Avenue Alignment udy, convey to the City an
irrevocable offer of d cati for that portion of their
property frontage alo Los Angele venue to facilitate an
88' (foot) right -of ay street .section (see attached exhibit)
57.. °Prior to final approval of Minor Modification No. 4 CUP-106,
t
the applicant shall place a surety bond in the amount of
$290,000 to guarantee construction of grading, fill dirt,
roadway, curb, gutter, sidewalk, and retaining wall along Los
Angeles Avenue. Such improvements will provide for an 88'
(foot) right -of -way along the Los Angeles Avenue property
frontage for a five foot sidewalk, curb, and gutter and eight
feet of paving. The amount of the surety bond shall increase
annually beginning in January 1993 and each January thereafter
through January 2001 by the percentage amount of change in the
Engineering News Report (ENR) Highway Bid Price Index (Index).
If the Index decreases in any year, the bond amount shall
remain the same as the prior year. If the Index is
discontinued or revised, such index or computation with which
it is replaced shall be used in order to obtain substantially
the same result as would otherwise be obtained if the Index
had not been discontinued or revised. This construction shall
only be required if and when the City constructs four lane
Croadway improvements along the frontage of the CUP -706
property (see Attachment 16).
i1 Ls LR� S c�11 m R��
02/17/92 12:59 $ 213 450 5313 CARLSBERG FIN. 01
CARLSBERG FINANCIAL CORPORATION
2800 28th Street, Suite 200, Santa Monica, CA 90405
(213) 450 -9700 FAX (213) 450 -5313
FACSIMILE TRANSMITTAL
TO:
FAX PHONE NO: ib ^ f sm —
FROM:
COMMENTS:
L",
DATE:
TIME:
PAGES TO FOLLOWS:
MOORPARK
799 Moorpark Avenue Moorpark, California 93021
February 21, 1992
American Cancer Society
1363 Del Norte Road
Camarillo, CA 93010
Attention: Dora Lou Alvarez
Dear Ms. Alvarez:
ti
(805) 529 -6864
The City Council of the City of Moorpark issued a
proclamation at their meeting of February 19, 1992 to
recognize March 23 - 25, 1992 as Daffodil Days and to urge
support for this special occasion. I am pleased to enclose
the proclamation for your use and records.
If you have any questions, please feel free to contact me.
sincerely,
Dorothy andaveer
Deputy City Clerk
/djv
Enclosure
PAUL W. LAWRASON JR. JOHN E- WOZNIAK SCOTT MGNTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tem Councimember Councilmember Councilmember
Printed On Recycled Paper
9JUM there is a great need for additional funds for
cancer research; and
OJAN M the American Cancer Society has sponsored
innumerable vital cancer research projects, public education
and patient service programs; and
C-
J", 6 the City Council of the City of Moorpark,
CA does hereby proclaim March 23 - 25, -1992 as DAFFODIL DAYS
and urge all residents to join to support this special occasion
by purchasing and wearing a daffodil - the flower of hope.
OR qt6m qk64 the City Council does set its hand and
cause the seal of the City of Moorpark to be affixed this 19th
day of February, 1992. -
Paul W. ason Jr., r or oim Wo 'ak, Mayor Pro Tem
t
Scott Montgomeif,
Bernardo M. P r z Councilme:
oy B. Talley, ouncil.rnember
CHANGES REQUESTED BY THE APPLICANT,
CUP -706, MINOR MODIFICATION N0.4,
February 19. 1992
ITEM #1 h final sentence of Condition No. 1 must be revised to read
" inor Modification No. 3" instead of "Minor Modification No. 4."
ITEM #2 a hrase "or for some other just cause" must be removed from
Con ition No. 25.
ITEM #3 e Civ must specify the amount of the fee requested in Condition
Conejo will agree to a maximum of $5,000.00.
ITEM #4 Conejo requests that the second paragraph of Condition No. 27 be
removed and the following inserted: �S
The start-up nd departure ofc
P P bulk cement and
aggregate trucks shall be permitted outside of
hours ofj operation. Should applicant
C�a► normal
1 i-ffed
m a+, r "L_(?�
h
S
ter provide concretes for highway,`
road; or other construction that takes place
P� `�W
a� applicant shall ��.pravYV de ice -to :
o ri�S the Director of Community Development 72 hours
6_0�c�,
CA n4. -c`��- prior to such operation. Hours of operation_
restrictions shall be waived in case of
emergency work necessitated by imminent danger
to property, health, or human life.
ITEM #5 nditions Nos. 35 and 51 must be removed.
ITE #6 h second paragraph of Condition No. 52 must be removed.
ITEM # Condition No. 56 should be deleted.
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 17
ATTACIE LENT 3
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL CONDITIONS OF PROJECT APPROVAL:
1. That this permit is granted for a concrete batch plant and
accessory buildings as described in: a.) the application dated
November 19, 1990; b.) the project description contained in
the application; and c.) as shown on the site plan (dated 5-
21-81), except or unless indicted otherwise therein. All
previous land use entitlement permits predating CUP- 706,pa iimw
are null and void. All conditions of the
CUP -706, -Xinor ^a' ;' - -•' remain in u force an
V 1 Vl1�L�r
effect except as modified by this Minor Modification permit. A
2. That this concrete batch plant shall be limited to one (1)
cement silo, one (1) elevator and batcher, one (1) loading pG
hopper and conveyor belt, one (1) 642 square foot office
building, one fly ash silo, and one ( 2 ) 3,200 square foot shop
building.
3. That the location of all buildings, fences, signs, roadways,
parking areas, landscaping and other facilities or features
shall be as shown on the site plan submitted with the 11 -19 -90
application, except.or unless indicated otherwise herein..
4-.. That -the permit is .granted for a - period. of time `.of 'ten '(10)
years, ending May 21, 2001.
5. That if any of the conditions or limitations of this
Conditional Use Permit are held to be invalid, that holding
shall not invalidate any of the remaining conditions or
limitation set forth.
6. This permit shall expire if the use for which it is granted is
discontinued for a period of 180 consecutive days or more as
determined by the City.
7. That upon expiration of this permit, or abandonment of the
use, any structures no longer being used shall be removed. Any
office building, or shop building shall not be required to be
removed if they are to be used under the provisions of the
City's Zoning Code as a legally permitted principle use on the
subject site at the time of termination of this permit. All
cement batch plant equipment and related raw materials used in
the manufacture of cement shall be removed within 90 days
following the expiration of there permit.
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 20
The permittee shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the permittee.
19. No noxious odors shall be generated from any use on the
subject site.
20. The applicant and his successors, heirs, and assigns shall
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the City.
21. Prior to this approval of the Minor Modification, the
permittee shall sign a statement indicating awareness and
understanding of all permit conditions, and shall agree to
abide by these Conditions and present such statement to the
Department of Community Development.
22. The applicant shall make a one time only contribution to the
City of Moorpark in the amount of $.25 per square foot of
gross floor area of buildings including concrete batch plant
footprint, to support the C ty's current and future park
system.} a�i 'tomQ QP
23. The applicant shall make a one tame only contribution to the
City of Moorpark's Art in Public Places Fund, an amount of $10
per each 100 square feet of bu:i�' �- c- c-sQ-.cx-
24 Prior to ssuance of -.the Minor Modification, , the.-permittee
shall make a` contribution to the Moorpark Traffic Systems 11ul,p �
Management Fund of $.15 per square forst of floor area of
buildings including concrete batch plate footprint to fund
Traffic System Management programs as a mitigation measure to
fully mitigate air quality impacts so as to fund TSM programs
or clean fuel programs as determined by the City.
25. Prior to the issuance of the Minor Modification, a Surety
Performance Bond in the amount of $10,000 shall be filed and
accepted by the Director of Community Development. The
Director of Community Development, may, through a public
hearing to be heard before the City Council recommend that any
or all of the funds in the Performance Bond be forfeited for
noncompliance of the Conditions of Approval or ffe-r- eeame &44wr
A $10,000 surety shall be maintained with the
Department of Community Development at all times during the3w+4a -M
yes of this permit.. This condition shall automatically be
superseded by a related resolution or ordinance regarding
condition compliance for entitlement approvals adopted by the
C City Council.
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
Februar 14 1992
Y -
Page 21 cz -CA-
26. The applicant, permittee, or successors in interest, shall
submit to the Department of Community Development a fee to
cover cost's incurred by the City for Condition Compliance
review._-.sThe applicant shall pay all outstanding case
processin Planning and Engineering), and all City legal
1% serviceC prior to issuance of the Minor Modification Un 0.31
NOISE - CONDITIONS OF APPROVAL: V
27. The hours of operation for Conejo Ready Mix, Incorporated
shall be Monday through Friday, 5:30 a.m. to 6:00 p.m. and
Saturday 5:30 a.m. to 1:00 p.m. On Sunday no operations shall
occur. The following limited operations may take place after
6:00 p.m.: 1) Ready mix trucks returning to the site after
6:00 p.m. Monday through Friday or after 1:00 p.m. on
Saturday, will be allowed to wash out into the reclaimer and
park". Warm up of trucks may begin at 5:15 a.m. No delivery of
bulk materials may take place prior to 6:00 a.m.
1 Conejo eady Mix, In need to op ate beyond t e above
sp c ied t' a Conejo a Mix, In all appl for a
> tem or use pe 't at le st month rio to the o tside
no 1 o rati ns p osed era g dat The empora use
rm t ma b appr ed the Dire for o Comm u ity
De pment n shall i ued at he discretio of the
Director of C unity Deve ment with itions as . ed d.
28. No exterior intercom systems shall be'used before.the hours -of
8:00 a.m: and after. 6:00 p.m:. Any °exterior intercom °system
may not exceed 65 dBA measured at the-property line.
29. All roof mounted equipment and other noise generation sources
serving the structures on -site shall be attenuated to 65
decibels (dba) (during normal hours of operation) at the
property line, or to the ambient noise level at the property
line measured at the time of the permit approval. The Director
of Community Development may request that a noise study be
submitted for review and approval which demonstrates that all
on -site noise generation sources would be mitigated to the
required level. The noise study must be prepared by a licensed
acoustical engineer in accordance with accepted engineering
standards. Determination if a noise study is needed shall be
made within 6 months of the granting of this Minor
Modification to the Conditional Use Permit. Failure to submit
a requested noise study within 3 months of the Director's
determination will result in automatic revocation of this
permit.
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 22
30. Raw materials must be delivered during normal business hours
of operation.
31. Any stationary engine, shall be equipped with a muffler of a
type recommended by the manufacturer. No stationary internal
combustion engine shall be operated on the project without
said muffler. No internal combustion engine shall operate in
a stationary manner in excess of 65 dBA during daylight hours
at the property line, excluding licensed vehicles.
TRAFFIC /PARKING - CONDITIONS OF APPROVAL:
32. That all parking and storage shall be within the perimeter
fence.
33. No outside storage of any materials or overnight parking of
any semi - trucks or any other vehicle shall occur outside of
the perimeter of the property line.
34. That no parking spaces shall be located within ten (10) feet
of a vehicular entrance to the property; that all areas shown
as parking areas shall be surfaced with asphaltic concrete or
concrete and shall be suitably marked, outlining individual
parking spaces and traffic flow.
DELETION, SUBJECT TO RESOLUTION OF FUTURE ROADWAY IMPROVEMENTS AND
FLOOD CONTROL IMPROVEMENTS.
.35.'. In cognition of. the . need for-public, � st et and traffic
improv nts .to meet the demand g by cumulative
developmen in the City, the appli t hall prior to the
issuance of th inor Modification xecute a covenant running
with the land on alf of its and its successors, heirs,
and assigns agreeing art' spate in the formation of and be
subject to an assess t district or other financing
techniques including not 'mited to the payment of traffic
mitigation fees, provide ds for such improvements,
should such a m anism be establi d by the City.
36. That all required yards, fences, parking areas, storage areas,
operations yard, and other open uses on the site shall be
maintained in a neat and orderly manner at all times.
CONTROL OF DUST CONDITIONS OF APPROVAL:
37. That within ninety (90) days of approval of this permit,
vehicle storage areas shall begin to be surfaced with asphalt
or concrete and must be completely surfaced within 180 days of
approval of the permit. Thickness requirements shall be at
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 24
required to remedy any defects in ground maintenance, as
indicated by the City inspector, within two weeks after
notification.
45. The applicant shall place a Surety Bond prior to the Minor
Modification being approved in the amount of 150% of the
valuation of the landscape plan and wall plan to insure that
landscaping of Los Angeles Avenue will occur.
ENVIRONMENTAL HEALTH- CONDITIONS OF APPROVAL:
46. Prior to approval of the Minor Modification, the proposed use
shall be reviewed and approved by the Ventura County
Environmental Health Department to ensure that the proposal
complies with all State and local regulations related to the
storage, handling, and disposal of potentially hazardous
materials, and that any required permits have been obtained.
If required by the County Environmental Health Department, the
applicant shall prepare a hazardous waste minimization plan.
47. That disposal of all potentially hazardous wastes shall be by
a means approved by the Ventura County Environmental Health
Division.
48. That adequate sewage disposal shall be provided in accordance
with the requirements of the Environmental Health Division.
49 That an adequate,. safe, _potable supply of water.` shall.be
provided for the occupants and users of these.facilities.
CITY ENGINEER - CONDITIONS OF PROJECT APPROVAL:
50. The applicant shall demonstrate to the City Engineer that any
new building pad /foundation has adequate protection from a
100 -year storm per City Ordinance No. 100 and feasible access
during a 10- year storm.
51. The applicant sha deposit <Minor y a contribution for
the Los Angeles Ave n Areibution. The actual
deposit shall be the then c contribution rate at
the time of approval of ication No. 4 for
Conditional Use Permit N . 7of these funds shall
occur prior to granti of tification.
52. Within six months from the time o f approval of the renewal of
CUP -706, the applicant shall, under the supervision of the
City Engineer, prepare and submit a proposal for remedial
measures to the Arroyo Simi. The proposal shall be designed
to restore topography on applicant's site to a condition in
CUP -706 Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 25
0-f ri2,,C_,A-k
53.
which the site's effect on flood water surface elevation is
substantially the same as that in the Flood Control maps dated
1967. A11 mitigative measures shall be implemented within one
year of acceptance of the proposal by the City Engineer. The
Ventura County Flood control District, the California
Department of Fish and Game, and any other agencies with
jurisdictions. An extension of time for completing the
mitigative measures may be granted by the Director of
Community Development and the City Engineer provided that
substantial progress is being made towards completing the
mitigation.
Applicant may conduct or pay the City of Moorpark all
expenseslafs-sociated withy further preliminary studies of the
Arroyo Simi to determine w ether any mitigation measures would
be effective in reducing flood water surface elevations. The
limits of this study will be form the bridge immediately
downstream to the bridge immediately upstream of the
applicant's property. If these studies reveal, to the
reasonable satisfaction of the City Engineer and the Ventura
County Flood Control District, that mitigation measures on the
applicant's and adjacent sites would not be effective, the
mitigative measures on applicant's site described in this
condition may not be required. (Realignment of the Channel may
be required at the discretion of the Flood control District
based on results of the studYY� ux RA CDC�l�� -�S�QQ
he- � s 2�► i-o rQ S-� O « ' _ S i 0
S
Man
City Ord nance No. 100 and the Federal Emerge cy agement
Y4(4
Agency (FEMA), require updating of the. National Flood
Insurance Program. maps' for -affected areas whenever any
alteration of a watercourse is made. If a FIRM map revision is
necessitated by mitigation measures performed on the
applicant's site, required by the above Condition No. 52, all
necessary materials required by FEMA for a map revision shall
be provided to the City Engineer's of f ice within six months of
the determination that this mitigation requires a FIRM map
revision. This material will demonstrate the new 10, 50, 100,
year flood plain locations following the mitigative measures.
This information will be forwarded by the City Engineer to the
FEMA for review and updating of the National Flood Insurance
maps. A conditional letter of map revision shall be provided
to the City prior to the granting of any additional extension.
The applicant will be responsible for all costs charged by the
FEMA and incurred by City's Administrative, Engineering,
Legal, Planning and other staff related to FEMA revisions
required by mitigation measures performed on the applicants'
site.
CUP -706, Minor Modification No. 4
Conejo Ready Mix, Inc.
February 14, 1992
Page 26
54. Prior to any work being conducted within the State or City
right -of -way, the applicant shall obtain an Encroachment
Permit from the appropriate agency.
55.
alp1
5 .
57.
If necessary, the applicant shall obtain a Ventura County
Flood Control District Watercourse Encroachment Permit and a
permit from the Department of Fish and Game and the Army Corp
of Engineers if deemed necessary. If multi- agency coordination
cannot be accomplished then the applicant shall immediately
return to the Community Development Director in order for the
City to establish the appropriate agencies recommendation to
(� ^ abide by. l 1
clSu -i (Q- L7Qr I is cL0)+ c�L� to o� SUbCQ�aOs' 1�1 UL�-E -
.ii irrevocable offek to dedicate 64' of right -of -way and i
easements along Los Angeles Avenue was granted to the County C
of Ventura and recorded on May 27, 1981 Th' additional width
of rig -of -way (R.O.W. appears ade at b the City for
alternati widening ali ents should is a ement be
deemed legal binding for th the City al eirs,
assigns, and inter is of the app 'cant.
If this agree t is determined to be insufficient or inva�d
for any of the ies mentione ove the applicant shall \\,
within 30 days follo Cit Council approval of The Los
Angeles Avenue Alignment udy, convey to the City an
irrevocable offer of d cati for that portion of their
property frontage alo Los Angele venue to facilitate an
88' {foot) right -of ay street section (see.attached exhibit).
Prior to final approval of Minor Modification No. 4, CUP -706,
the applicant shall place a surety bond in the amount of
$290,000 to guarantee construction of grading, fill dirt,
roadway, curb, gutter, sidewalk, and retaining wall along Los
Angeles Avenue. Such improvements will provide for an 88'
(foot) right -of -way along the Los Angeles Avenue property
frontage for a five foot sidewalk, curb, and gutter and eight
feet of paving. The amount of the surety bond shall increase
annually beginning in January 1993 and each January thereafter
through January 2001 by the percentage amount of change in the
Engineering News Report (ENR) Highway Bid Price Index (Index).
If the Index decreases in any year, the bond amount shall
remain the same as the prior year. If the Index is
discontinued or revised, such index or computation with which
it is replaced shall be used in order to obtain substantially
the same result as would otherwise be obtained if the Index
had not been discontinued or revised. This construction shall
only be required if and when the City constructs four lane
roadway improvements along the frontage of the CUP -706
property (seet Attachment 16).
11 � { Cs� l� S4t��� •n Q Ci c� .� L: (� U C cGi�h
` 1_{�C c`�t� `�
A. JACKSON NOBLE, JR.
ERIC L. CARLTON
BURR & FORMAN
C. V. STELZENMULLER
S. DAGNAL ROWE
RICHARD A. FREESE
GAIL LIVINGSTON MILLS
ROBERT G. TATE
JAMES J. ROBINSON
JOHN C. MORROW
J. FRED POWELL
JOSEPH W. LETZER
SUITE 3000, SOUTHTRUST TOWER
ROBERTS. W. GIVEN
L. TENNENT LEE, III
T. THOMAS COTTINGHAM. III
VICTOR L. HAYSUP
PAAULE0. WOODALL JR,
GEOATxE M. TAYLOR,
420 NORTH 20TH STREET
W BENJAMIN JOHNSON
FREDRIC IN
III
GARY M. LONDON
M. GLENN PERRY, JR.
LOUIS H.
H. RS JR.
BRUCE A. BAWLS
BIRMINGHAM, ALABAMA 35203
MARK M. LAWSON
E. CLAYTON LONE.
B. RUSIN"
ROBERT B. NIGH
WILLIAM C. JR.
F. A. FLOWERS. III
MICHAEL L. MALL
TELEPHONE (205) 251 -.3000
JR.
DENT M. MORTON
SUE A. WILL I5
JOSEPH G. STEWART
STEWA,
JOHN 0. CLEMENTS
MICHAEL L. LUCAS
DWIGHT L. MIXSON, JR.
FACSIMILE (205) 458-5100
JEFFREY T. BAKER
PAUL PAUL P. BOLUS
JOHN F DE BUYS. JR.
J. HUNTER PHILLIPS. III
G. CALLISON, III
MARK TALIAFERRO, JR.
JOHN W. EVANS
DAVID D. DOWD, m
CAROL H. STEWART
DAVID A. ELLIOTT
J. ROSS FORMAN, III
ROBERT H. RUTHERFORD
HUNTSVILLE OFFICE:
GARY W. FARRIS
WILLIAM 5. HEREFORD
D. FRANK DAVIS
WI BRAND WALN.
GENE T. PRICE
GRAHAM
400 MERIDIAN STREET
PARKEY 0. JORDAN
WILLIAM F MURRAY, RRA JR.
DEBORAH P. FISHER
FISHER
SUITE 204
JILL VERDEYEN DEER
KENDALL W. MADDOX
JACK P. STEPHENSON, JR.
HUNTSVILLE. ALABAMA 35801
NANCY L. CHILDRESS
(205) 551 -0010
HARRI J. HAIKALA
FACSIMILE (205) 551-0043
WRITER'S DIRECT:
205 - 458 -5312
HAND DELIVERY
The Honorable City Council
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
RE: Conejo Ready Mix, Inc., CUP 706.
Dear Council Members:
F. HAMPTON MCFADDEN, JR.
J. JAWAN SMITH
CHRISTOPHER W. WELLER
E. BRITTON MONROE•
JENNIFER M. BUSBY
JAMES A. TAYLOR, JR.
WARREN C. MATTHEWS
PETER H. BURKE
BRIAN M_ CLARK
GERALD P. GILLESPY
G. BARTLEY LOFTIN, III
TIMOTHY M. LUPINACCI
EDWIN O. ROGERS
BORDEN H. BURR (IB76 -1952)
JAMES R. FORMAN 11660-19421
JAMES R. FORMAN, JR.
WILLIAM K. MURRAY
SAMUEL H. BURR
or coVUacL
February 19, 1992
In the limited time provided by the City, Conejo has attempted
to set forth objections to the proposed new permit conditions,
which were made available to Conejo on February 14, 1992, after
4:00 p.m. Conejo objects to being required to provide objections
on such short notice, and in providing these objections Conejo does
not waive any legal or equitable objections, remedies, or rights.
The following objections are not exclusive and Conejo hereby
expressly reserves the right to make any additional objections not
herein stated.
GENERAL OBJECTIONS
Conejo objects to the imposition of any new conditions.
Pursuant to the terms of the CUP, the renewal application of
Conejo, is a minor modification. There is no legal or factual
basis for the imposition of new or additional conditions. In
attempting to impose new conditions the City has exceeded its
statutory and constitutional authority. To the extent that Conejo
may have reimbursed the City for expenses in drafting the new
proposed permit conditions, Conejo expressly reserves its right to
seek any appropriate legal or equitable relief as such expenses
may be outside of the scope of the Reimbursement Agreement. Conejo
also objects on the grounds that the city lacks jurisdiction over
the Conditional Use Permit, which was issued by Ventura County.
10130852
BURR & FORMAN
The Honorable City Council
February 19, 1992
Page 2
Conejo objects to the procedures that have been employed by
the City throughout the permit renewal process as grossly unfair
and constituting a violation of state and federal due process
rights. This unconstitutional procedural conduct includes, but is
not limited to, the City's latest conduct in withholding the
proposed new permit conditions from Conejo until 4:00 p.m.,
December 6, 1991, and giving Conejo only one week to review the
conditions and make objections. Some additional objections to the
procedures employed by the City have been stated in correspondence
previously directed to the City Council and City staff.
Conejo objects to the participation in this matter by Mrs.
May, a Planning Commission member who by her letter to the City
Council has demonstrated a personal interest in this matter. It
is impossible for the City to conduct a fair hearing regarding this
matter because of the irrevocable prejudice and harm done to Conejo
as a result of the illegal participation of a city official with
a personal interest in this matter. Conejo objects to any
involvement by any other City staff or City Council members who
may have a personal interest in this matter.
Conejo objects to the proposed new conditions individually
and on the whole as they are unreasonable, are vague and
indefinite, are arbitrary and capricious, are not related to the
CUP or the use of the property, are not reasonably related to the
regulation exercised, are an improper and unreasonable exercise of
police power, improperly constitute an individual tax, exceed the
authority of City as set forth in the California Code and Moorpark
Ordinances, and /or constitute an unconstitutional taking of
property without compensation under federal and state
constitutions. It would be impossible for Conejo to comply with
some of the conditions. As drafted, the conditions would put
Conejo out of business and render the property valueless.
Conejo further objects because the proposed new conditions do
not allow for renewal as does the present permit. The current
permit provides for renewal in 2001:
That by May 21, 2000, one (1) year prior to the
expiration of this permit, the permittee shall submit a
Major Modification application to the Planning Division
if he wishes an extension of this permit considered.
Upon such timely filing of a Major Modification
application, this permit shall continue in force until
the request is acted upon and all administrative appeals
are determined.
10130852
BURR & FORMAN
The Honorable City Council
February 19, 1992
Page 3
(CUP -706, Condition 5). This condition has been omitted from the
proposed new conditions. There is no basis in law or in fact for
the removal of this condition from the permit. The permit should
include a provision for a ten year renewal in 2001. The removal
of the condition constitutes an unconstitutional taking of property
without compensation.
SPECIFIC OBJECTIONS
Specific objections to numbered conditions include, but are
not limited to, the following:
1. Conejo objects on the grounds that this condition is
vague and indefinite. The phrase "entitlement permits" is
undefined and can be read to include all other permits held by
Conejo or needed by Conejo to operate.
12. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
20. Conejo objects to this condition on the grounds that it
is unreasonable, is arbitrary and capricious, and is an
unreasonable exercise of police power. Conejo has requested that
this condition be modified to include the phrases "or repaint" and
"or repainting" after the words "remove" and "removal"
respectively. This would allow Conejo, subject to the satisfaction
of the City, to repaint over graffiti where it would be
appropriate, such as on surfaces that are painted. There is no
rational basis to not allow repainting over graffiti where
appropriate. The City's refusal to modify the language in this
condition exemplifies the arbitrary and unreasonable conduct of
the City.
21. Conejo objects to this condition on the grounds assigned
to each and every condition discussed herein.
10130852
BURR & FORMAN
The Honorable City Council
February 19, 1992
Page 4
22. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the City's
burden of providing public benefits of a public park onto Conejo.
Conejo is not responsible for providing the benefit of a public
park and Conejo derives no value from a public park. Finally, no
public needs relating to public parks emanate from Conejo's use of
its property. Any exaction for this purpose constitutes a taking
of private property for public use.
23. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the City's
burden of providing public benefits of art in public places onto
Conejo. Conejo is not responsible for providing the benefit of art
in public places and Conejo derives no value from art in public
places. Finally, no public needs relating to art in public places
emanate from Conejo's use of its property. Any exaction for this
purpose constitutes a taking of private property for public use.
24. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
10130852
BURR & FORMAN
The Honorable City Council
February 19, 1992
Page 5
This condition violates section 65909 of the California Government
Code. Imposing this condition on Conejo improperly shifts the
burden of providing public benefits to a party that is not
responsible for providing the benefit and that derives no direct
value from TSM programs or clean fuel programs. Conejo's use has
an insignificant effect on traffic in the vicinity and no public
needs relating to TSM programs or prospective clean fuel programs
emanate from Conejo's use of the property. Any exaction for this
purpose constitutes a taking of private property for public use.
25. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing a Surety Performance Bond upon Conejo is a disguised
attempt by the City to take Conejo's private property for a public
use without resorting to the City's eminent domain power and is a
mask for a discriminatory tax.
26. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
27. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law.
10130852
BURR & FORMAN
The Honorable City Council
February 19, 1992
Page 6
Conejo has requested (1) clarification of the term "hours of
operation" to allow startup and departure of bulk cement and
aggregate trucks outside the specified time period and (2) seventy -
two hour notice of a request for after hours operation. There is
no rational basis for the City's denial of Conejo's requests.
29. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law.
Conejo has requested the City to modify this condition to
limit noise only at the northern property line, which borders
residential property. There is no rational basis for the
restriction of noise measured at industrial, non - residential
property lines.
32 & 33. Conejo objects to these conditions on the grounds
that they are unreasonable, vague, indefinite, arbitrary and
capricious. Further, these conditions are not related to the CUP
or the use of the property, exceed the authority of the City as
set forth in the California Code and Moorpark Ordinances, and /or
constitute an unconstitutional taking of property without
compensation under state and federal law.
There is no rational basis for these conditions. Conejo has
explained to the City that there may be occasions when Conejo may
need to leave vehicles offsite for service or when Conejo may need
to leave material supply trucks overnight at a material supplier.
City Staff has explained to Conejo that the intent of these
conditions is to prohibit parking along Los Angeles Avenue. Conejo
has stated that it would agree to such a restriction and requested
the City to revise the conditions to reflect this. For instance,
Conejo would agree to a condition that stated: "That there shall
be no parking or storage of materials along Los Angeles Avenue
outside the perimeter fence." The City's refusal to modify the
language in these conditions exemplifies the arbitrary and
unreasonable conduct of the City.
35. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
10130852
BURR & FORMAN
The Honorable City Council
February 19, 1992
Page 7
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use. Conejo
further objects to this condition on the grounds that it violates
Conejo's freedom to contract and impermissibly conditions the
granting of the CUP on possible future actions of an assessment
district that at this point is not in existence.
40. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
42. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benef its to a party that derives no value from
10130852
BURR & FORMAN
The Honorable City Council
February 19, 1992
Page 8
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
43. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
45. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejols use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
51. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
10130852
The Honorable City Council
February 19, 1992
Page 9
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
52. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
53. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
56. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
10130852
BURR & FORMAN
The Honorable City Council
February 19, 1992
Page 10
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
57. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
61. Conejo objects to this condition on the grounds that it
is unreasonable, is vague and indefinite, is arbitrary and
capricious, is not related to the CUP or the use of the property,
improperly constitutes an individual tax, is not reasonably related
to the regulation exercised, is an improper and unreasonable
exercise of police power, exceeds the authority of City as set
forth in the California Code and Moorpark Ordinances, and /or
constitutes an unconstitutional taking of property without
compensation under state and federal law. In addition, this
condition violates section 65909 of the California Government Code.
Imposing this condition on Conejo improperly shifts the burden of
providing public benefits to a party that derives no value from
such benefits. No public need relating to this condition arises
out of Conejo's use of its property. Any exaction for this purpose
constitutes a taking of private property for public use.
The City Council should grant Conejo's minor modification
request and renew CUP 706 with its original terms. Any other
10130852
BURR & FORMAN
The Honorable City Council
February 19, 1992
Page 11
action would violate Conejo's constitutional and other legal
rights.
Sincerely,
Harri J. Haikala
HJH /tvw
10130852
1. Sophia's
3.
5.
7.
Roster
Moorpark Old Town Merchants Assoc-
2. Sew Va
4.
aner S
4
6. Vtle St pe
8. Zrn Books
• U— ,ice. -- 10. G & A Video
11. Moorpark Printers 12. ACS Veteri inic
P-
13. Whitaker' 14. Luther's Attic
15. ivc. Patqh Restaurant 16. II)e Children ' s Hour
ULAk� v
17 Gas. S 18.
19. %, tic 20.
21 22.
23. Lucky 24.
25. Barakat Market —26. Domino's Pi za
DAvin. o 08 Sa A)
27. 28. Tipsy Fox
29. Randy's Tires 30. Kahoots Feed & Supply Co.
K
s
Roster
Moorpark Old Town Merchants Assoc. (con't)
31. Eugene Gallick s 32. One More Time
33. Pat' CB & Stereo 34. La Playita
3 Bar -B-Que Joint 36. Rip, B rrq z, DDS.,
37.
39.
41.
February 19, 1992
PROCLAMATIONS, COMENDATIONS, AND SPECIAL PRESENTATIONS:
A. PRESENTATION BY THE FLORY SCHOOL CHORAL GROUP
INSTRUCTOR - ALLISON KUETCHMANN
B.
INTRODUCTION OF NEW EMPLOYEE. MOIRASHEA.
(ATTACHMENT)
C.
EMPLOYEE OF THE MONTH, WAYNE BOYER.
(ATTACHMENT)
D.
PROCLAMATION FOR DAFFODIL DAYS
AMERICAN CANCER SOCIETY WAS UNABLE TO HAVE
SOMEONE PRESENT TO ACCEPT IT THIS EVENING
E.
PROCLAMATION FOR THIRD ANNUAL CROP WALK.
REV. DILG AND OTHERS WILL BE PRESENT TO RECEIVE
THE PROCLAMATION.
F. CERTIFICATION OF APPRECIATION FOR MICHAEL
WILLIAMS.
MR. WILLIAMS WILL BE PRESENT TO RECEIVE THE
CERTIFICATE.
ADDITIONAL PROCLAMATION:
HONORING AREA HOUSING AUTHORITY'S TWENTIETH YEAR
ANNIVERSARY
SHELLY STEPHENS FROM THE AHA AND ONE OF THE
COMMISSIONERS (TO BE DETERMINED) WILL BE PRESENT
TO RECEIVE THE PROCLAMATION.
EMPLOYE E OF THE MONTH
Wayne Boyer
Wayne has been the City's Finance Officer since 1988. During
that period he has computerized the City's_mahual accounting
system and continues to improve the accounting system by
installing the necessary upgrades to our financial management
software and implementing improved operating procedures.
Wayne came to the City after working for thirteen years in both
private and public sector accounting. His previous experience
working with municipal utility districts and his knowledge of
fund accounting has helped him establish the City's current
financial procedures. He continues to look for ways to improve
the operations of the accounting division.
At one point, Wayne was simultaneously working on two annual
audits and helping with the preparation of the annual budget.
Throughout it all he has maintained his characteristic sense of
humor, which is, by the way, very evident when he organizes the
gag gifts at the annual Christmas Party. Wayne also has the
reputation among his fellow employees of always being willing to
help them get the financial information they need or to assist
them in understanding the operation of their computers.
(over)
M I1A SHEA
Incoming Recreation Coordinator
I am pleased to introduce Moira Shea as the newest addition to the Community
Services Department.
She earned her Bachelor of Arts in Recreation from San Francisco State in 1991 and
also possesses an Associate Degree from Moorpark College. Political Science was
her minor.
She did her professional internship with the City of Walnut Creek and has also worked
for the Cities of Oakland and Pacifica. Moira has had experience organizing
tournaments, coaching, working with disabled and special needs populations and
professional experience facilitating a wide variety of recreational programs. She is an
active member in the California Parks and Recreation Society as well as the National
Recreation and Parks Association.
Moira will serve as Full Time Recreation Coordinator. She will be handling contract
classes, senior programs and elements of Special Events and Adult Sports. Her office
will be in the Annex.
Please join me in making her feel welcome.
CITY OF MOORPARK
INTEROFFICE MEMORANDUM
TO: Lillie Kellerman, City Clerk ,
FROM: Patrick J. Richards, Director of Community Development
DATE: February 11, 1992 (for 2 -19 -92 City Council meeting).
SUBJECT: Residential Planned Development RPD 91 -2, Zone Change
91 -1, Tentative Tract Map No. 4792
On Wednesday, February 5, 1992 the City Council approved the Urban
West Communities residential townhouse project (RPD 91 -2, Tentative
Tract Map. 91 -1). One of the approval actions was to approve the
ordinance recommending a zone change on the subject site.
Unfortunately, the Council did not take a separate action on the
Zone Change at the Februay 5, 1992 City Council meeting. Attached
is the zone change Ordinance for Council consideration at the
February 19, 1992 City Council meeting.
Attachment: Zone Change Ordinance
cc: Case file
A:2- 19agen.mem
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONE CHANGE NO. 91 -1 ON
APPLICATION OF URBAN WEST COMMUNITIES (APN
505 -0- 012 -40).
WHEREAS, an application was received from Urban West
Communities for the Zone Change No. 91 -1 to rezone a 16.83 acre
parcel for "PC" (Planned Community) to the "RPD" 16.84 dwelling
units per acre (Residential Planned Development 16.84 du /ac.) zone.
WHEREAS, the Planning Commission of the City of Moorpark
considered said proposed zone change at a duly noticed public
hearing on November 18, 1991 and December 16, 1991, and after
careful consideration recommended approval thereof;
WHEREAS, public notice having been given in time, form
and manner as prescribed by law, the City Council of the City of
Moorpark has held a public hearing, has received testimony
regarding said proposed zone change, has duly considered the
proposed project, and has reached it's decision; and
WHEREAS, the City Council after careful review and
consideration, has determined that for the zone change, the
environmental effects discussed in the Initial Study prepared for
this project site; and pursuant to Section 15162 of the State CEQA
Guidelines, this body has reviewed and considered the information
contained therein and has endorsed the reasons which have been
given in the staff report on file for allowing the occurrence of
significant cumulative impacts identified in the Initial Study, and
Mitigation Monitoring Program;
NOW, THEREFORE, THE CITY COUNCIL- -OF THE -CITY OF MOORPARK,
CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. That the official Zoning Map of the City
of Moorpark is hereby amended by changing the zone and zone
boundary show upon a portion of said Zoning Map so that such
portion of said Zoning Map shall be as shown on Exhibit A attached
hereto and made a part hereof.
SECTION 2. That the zone change is hereby approved,
based upon the following findings:
1. That the proposed zone is in conformance with the
Land Use Element of the City's General Plan.
2. That the public necessity, convenience, general
welfare, and good zoning practice requires that the
property be reclassified.
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3. That this ordinance shall take effect 30 days after
the passage and adoption of this ordinance.
SECTION 4. That the City Clerk shall certify to the
passage and adoption of this ordinance of said City; shall enter
the same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records of
the proceedings of the City Council at which the same is passed and
adopted; and shall, within fifteen (15) days after the passage and
adoption thereof, cause the same to be published in a newspaper of
general circulation, as defined in Section 6008 of the Government
Code, for the City of Moorpark, and which is hereby designated for
that purpose.
PASSED AND ADOPTED THIS DAY OF , 1992
Paul W. Lawrason Jr.
Mayor
ATTEST:
Lillian E. Kellerman
City Clerk
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