HomeMy WebLinkAboutAGENDA REPORT 1992 0415 CC REG ITEM 08H 1006.P
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MEMORANDUM
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development" )
DATE: April 8, 1992 (CC meeting of April 15, 1992)
SUBJECT: IPD 89-2 REQUEST FOR EXTENSION ON THE APPLICATION OF
GENERAL OPTICS, INC. (MINOR MODIFICATION NO. 1)
Background
On April 1, 1992, the City Council referred this matter to the
Community Development Committee for a recommendation to the City
Council regarding Conditions of Approval that should be imposed on
this Minor Modification to IPD 89-2 . On April 7, 1992, the
Community Development Committee met to discuss this matter. The
Community Development committee recommends that the City Council
approve the Minor Modification with the attached Conditions of
Approval.
Staff Recommendation
Approve the Minor Modification with the attached Conditions of
Approval
Attachments: 1. Conditions of Approval for Modification No. 1
to Industrial Planned Development Permit No.
89-2
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BY �-a - '
PP09:08:92/9:90amA:\IPD89-2.CC 1
PAUL W.LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M.PEREZ ROY E.TALLEY JR.
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
Printed On Recycled Paper
CONDITIONS OF APPROVAL FOR MINOR MODIFICATION
NO. 1 TO INDUSTRIAL PLANNED DEVELOPMENT PERMIT
NO. 89-2
NOTE: THESE CONDITIONS OF APPROVAL TO MINOR MODIFICATION NO. 1
TO INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 89-2 ARE IN
ADDITION TO THE EXISTING CONDITIONS OF APPROVAL FOR
PLANNED DEVELOPMENT PERMIT NO. 89-2
1. All facilities and uses other than those specifically
requested in the application for IPD 89-2 are prohibited
unless an application for a modification has been approved by
the City of Moorpark. Any minor changes to this permit shall
require the submittal of an application for a Minor
Modification and any major changes to this permit shall
require the submittal of a Major Modification as determined by
the Director of Community Development.
2 . Prior to the issuance of a Zoning Clearance for tenant
occupancy, the prospective tenant shall make application for
a Business Registration Permit from the City.
3 . That unless the use is inaugurated (building foundation slab
in place and substantial work in progress) not later than two
(2 ) years after Modification No. 1 to Industrial Planned
Development Permit No. 89-2 is granted, this permit shall
automatically expire on that date. The Director of Community
Development may, at his discretion, grant up to one ( 1)
additional year extension for project inauguration if there
has been no changes in the adjacent areas and if applicant can
document that he has diligently worked towards inauguration of
the project during the initial two year period.
4 . The Director of Community Development, or his designee, shall
have the authority to conditionally approve or deny a zoning
clearance request for tenant occupancy consistent with
applicable sections of the Zoning Code. The cost of the
zoning clearance shall be borne by the applicant for tenant
occupancy.
5 . The applicant shall pay all outstanding case processing costs
for processing of this Minor Modification within thirty (30)
days of approval of the Minor Modification.
6 . Prior to the issuance of a zoning clearance, 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
PP04:08:92/9:40awA:\IP089-2.CC 2
or all of the funds in the Performance Bond be forfeited for
noncompliance of the Conditions of Approval or for some other
just cause. This bond shall be in effect for a ten years from
the date of the last occupancy allowed with this permit. The
applicant or future owners agree to pay for all costs for
enforcing condition compliance in the future. This condition
shall automatically be superseded by a related resolution or
ordinance regarding condition compliance for entitlement
approvals adopted by the City Council .
7 . All trash areas and recycling bins shall be depicted on the
construction plans, the size of which shall be approved by the
Director of Community Development and the City employee
responsible for recycling/solid waste management programs .
8 . Prior to the commencement of construction plan review by the
City, the applicant, permittee, or successors in interest,
shall submit to the Department of Community Development, a fee
in the amount of $1,296 .00 to cover costs incurred by the
Community Development Department for Condition Compliance
review.
9 . Prior to occupancy, Ventura County APCD Air Pollution Control
District (APCD) shall review all uses to ensure compliance
with the California Health and Safety Code (Section 65850 .5 et
seq. ) regarding the use, storage and disposition of hazardous
materials . Final Certificate of Occupancies shall be withheld
until compliance with these provisions from the Ventura County
APCD is provided.
Prior to any occupancy by any tenant or subsequent owner whose
business would employ or dispose of hazardous materials, a
Major Modification application shall be filed with the
Department of Community Development and approved by the City.
10. 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
Director of Community Development.
PP09:08:92/9:90amA:\ZPD99-2.CC 3
John W. Newton & Associates, Inc.
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toaE eonsulptan.ti
Madera Royale Plaza
1424 Madera Road. Suite 102
Simi Valley, California 93065
Telephone (8053 529-3651
Fax (805) 582-3263
April 15 , 1992
Mayor Paul W . Lawrason , Jr .
Members of the City Council
799 Moorpark Avenue
Moorpark , California 93021
Re : Item No . 8 .H . - CONSENT
TIME EXTENSION , General Optics , Inc .
Dear Mayor Lawrason
and Members of the Council :
First of all , thank you to the Community Development Committee and
staff for recommending approval of the requested time extension , Condition
No . 3 . It is reasonable and justified .
However , General Optics has difficulty with other proposed conditions
being applied to this "use inauguration" extension . Attached is the
facesheet of the application denoting that it is a time extension request ,
only . Nothing in the City ' s adopted fee schedule indicates that a time
extension application is a MINOR MODIFICATION . Nothing in the City ' s
ordinance code defines a time extension as a modification of any type .
Interestingly , we were required to pay 20% of the original deposit fee
($ 376 . 80) to make this request , which is the fee formula for a Minor
Modification application . But , we didn ' t request a modification ; only a
time extension . PD extensions aren ' t listed . Staff arbitrarily applies 20%.
The essence of this first point is that we question the justification
or basis in ordinance or policy which allows "conditioning" of a simple
time extension . We do not think that this is appropriate , fair or necessary .
The project has not changed , and the property owner is not proposing any
changes .
Should your Council determine in some way that conditioning this
extension of time is a legitimate and necessary requirement for some
substantive public health , welfare or safety reason , then we request the
following amendments :
CONDITION NO . 6: To remain as previously adopted (No . 38 attached) .
General Optics , Inc . ' s bond company of ten (10) years , Century Insurance
REAL ESTATE BROKERAGE MINERAL PEAL ESTATE DEVELOPMENT
Commercial . Industrial . Land RESOURCE Engineering . Land Division . Permits
Residential Relocation DEVELOPMENT Planning . Zoning
Mayor Lawrason & Members of the City Council
April 15 , 1992
Page 2
Company , advised that although the company was a respected
customer they would not issue such a bond . Century Insurance
Representatives indicated that : " . . . perhaps a sub-standard company ,
with complete collatoralization and extraordinarily high fees , might .
The fees would be required to be paid up front for all 10 years , and
would be based upon all the difficulty the bonding company would
anticipate managing and defending such a condition . "
General Optics , Inc . has accepted the previous condition as inherited ,
although feels strongly that the City should not be "insuring against
future non-compliance/violation behavior . " This sends a very negative
message regarding the City ' s attitude towards business , and in
particular , General Optics , whose performance in Moorpark over the
last ten years obviates the need for this type of conditioning . This
established local company does not violate the law .
Again , General Optics , Inc . feels that it must , and has , accepted
previous Condition No . 38 . We now request your Council to direct
staff to allow other forms of financial assurances as meeting the
intent of Condition No . 38 such as a LETTER OF CREDIT , or CERTIFICATE
OF DEPOSIT , since a bond is either not available , or economically
impractical . AND , THAT THIS SURETY BE RELEASED UPON ISSUANCE OF
GENERAL OPTICS , INC . ' S CERTIFICATE OF OCCUPANCY .
CONDITION NO . 8 : General Optics , Inc . respectfully requests that the
costs associated with the Condition Compliance Review be reduced to
$568 . 00 (8 hours ® $71/hour) for this reputable local firm .
We cannot imagine that this review could take more than an entire work
day , even with reading the file prior to the field check . Please keep
in mind that Building & Safety will have monitored the entire
construction process , and that other agencies such as the Fire
Protection District , Environmental Health and Public Works will have
conducted their sign off reviews for occupancy at the conclusion of
construction . Community Development should then be limited to planning
related conditions which simply could not take an entire day to review ,
but the company will live with that .
Thank you for your consideration .
S ' ely ,
AttachmentsAir
• W . Newton
cc : Ken Scribner
Dennis Hotchkiss
• c
�
, e4 OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION FORM
CASE FILE NO. IPD 89-2
ENTITLEMENT REQUEST
Pursuant to the Moorpark City Ordinance Code and/or the California Government Code,
this application is made for the following entitlement(s) :
New Major Minor Time
Mod. Mod. Ext.
Tract Map General Plan Amendment
Parcel Map Zone Change
Conditional Use Permit Variance
Commercial PD Permit Parcel Map Waiver
Residential PD Permit Vot Line Adjustment
siii+ _____.
—I-_ Industrial PD Permit Variance
Variance: Other
Certificate of Compliance
Conditional Certificate of Compliance
Project Location (Street address or description) 5384 kazuko Court ,
Moorpark
Assessor's Parcel Number(s) 511-0-070-720
Zoning: Present M-1 Proposed (if applicable)
Description of Request: Amend Condition No . 3 to allow two (2) additional
years for use inauguration , plus a one ( 1) year staff authorized
extensionfif justified .
Non-City Agency Entitlement Required (attach list if necessary) :
Agency Type of Permit/Entitlement Application filed:
1. yes no
2. yes no
AUTHORIZATION
APPLICANT:
Applicant is _ Owner, _ Lessee, or X has power of attorney
John W. Newton (805 ) 529-3651
Name (Please Print) John W.Newton &ASSOciates,InC. Telephone
1424 Madera Road , Suite 102
Address
Simi Valley , CA 93065
City, State Zip
I hereby make application for the above referenced land use entitlement and certify
t. t the information and exhibits herewith submitted are true and correct to the best
•y nowleddgge.
_v �EtL GI March 13 , 1992
'gnature Date
1/92 Page -1-
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7 INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO: IPD-89-2
APPLICANT: ANNOTTI AND PETRILLI
DATE: APRIL 4, 1990
the ambient noise level at the property line measured at the time
of the occupant request. Prior to the issuance of a zoning
clearance for initial occupancy or any subsequent occupancy, 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.
091/b
38.® Prior to the issuance of a zoning clearance, 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 for some other just cause. This
condition shall automatically be superseded by a related resolution
or ordinance regarding condition compliance for entitlement
approvals adopted by the City Council.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, TUB FOLLOWING
CONDITIONS SHALL BE SATISFIED:
39 . An "Unconditional Will Serve Letter" for water and sewer
service will be obtained from the Ventura County Waterworks
District No. 1.
40. The applicant shall pay all school assessment fees levied by
the Moorpark Unified School District.
41. If any archaeological or historical finds are uncovered during
excavation operations, the permittee shall assure the preservation
of the site; shall obtain the services of a qualified archaeologist
to recommend disposition of the site; and shall obtain the Director
of Community Development's written concurrence of the recommended
disposition before resuming development.
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
42. 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 landscaped areas.
•
43 . All landscaping and planting shall be installed and inspected.
44 . That a 6 ' high wall measured from the maximum height of the
grade within five feet of the property line shall be installed
prior to the final inspection for receipt of Certificate of
Occupancy. Prior to construction of the. wall, the residential
homeowner shall determine the location of the wall. The same
materials shall be used for the wall from lot to lot.
c:\cond\ipd892 rev. 4/12/90 - 6