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HomeMy WebLinkAboutAGENDA REPORT 1992 0506 CC REG ITEM 08G 7a, te7 ITEMa• GM. e ca %� MOORPARK °t__ ^� 799 Moorpark Avenue Moorpark, California 93021 mdisg4,4a9- 64r,- ;;, goo City 199 Council MccLnp �—-- Sly. 1 of ACTION: /t.A.C4 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT By (y TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: April 29, 1992 (for CC meeting of 5-6-92) SUBJECT: DP-299 (Development Permit) , Minor Modification No. 1 Background: On June 9, 1981, the Ventura County Board of Supervisors approved Development Permit (DP) No. 299 for a 86,412 square foot industrial building located at 6100 Condor Drive in the Moorpark Industrial Park. When approved by the County, the exact uses and prospective tenants were not known. In the past, the site has been used by Micom Inc . . As Micom Inc . decided to vacate the premises, the site has been vacant for the past 1 1/2 years. This minor modification application was filed by Aquaria Incorporated. At present, the existing building is 86,412 square feet. This company is interested in leasing the building contingent upon City approval of their Minor Modification request. Their proposal is to construct a single story attached warehouse which will be 24 ' (feet) high and have a total floor area of 19,014 square feet. Discussion: On March 19, 1992 Aquaria filed a Minor Modification application with the City requesting to add an addition to the east side of the existing building. The proposed addition will be constructed with materials and finishes to match the existing 2 story concrete tilt- up industrial facility. Staff has reviewed the initial DP-299 conditions of approval for operation of the proposed use, Aquaria Incorporated, and has determined that granting of this modification will not be in conflict with the initial conditions of approval that were established in June of 1989. Furthermore, the proposed use is considered consistent with the M-1 ( Industrial Park) zoning on the subject site. 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 The Honorable City Council DP-299, Minor Modification No. 1 April 22, 1992 Page -2- The Minor Modification conditions of approval developed for the proposed development will enable Aquaria Incorporated to operate on the subject site in accordance with City standards, state and federal laws (see attached Conditions of Approval Numbers 13, 14 and 15) . Furthermore, the added performance bond, Condition number 25, will ensure that should the applicant not comply with conditions of approval, the 10 year performance bond fronted by the applicant in the amount of $10,000, shall be forfeited. Parkins: This development project was approved using the 1981 Ventura County parking standard, which have since then been superseded by the City's parking standards . The proposed addition, 19,014 square feet, will be required to comply with the City's current parking standard. With the proposed building addition, it can be found that the applicant will be in compliance with the parking requirement: Existing Building (sublect to old parking standards) : 1st Floor Sq. Ftg. Standard Req. Parking Office 4,432 / 300 = 15 Manufacturing 24,619 / 500 = 49 Existing Warehouse (1) 20,000 / 1,000 = 20 Existing Warehouse (Z) 6,382 / 2,000 = 3 Stairs/Elevators 972 / 0 = 0 Restrooms 498 / 0 = 0 1 Under 20,000 square feet 2 Over 20,000 square feet The Honorable City Council DP-299 , Minor Modification No. 1 April 22, 1992 Page -3- 2nd Floor Office 17,605 / 300 = 59 Manufacturing 11,019 / 500 = 22 Restrooms 794 / 0 = 0 Based Upon Existing Building, Total Parking Required: 168 Existing Parking Provided: 225 Proppsed Building (subject to new parking standards) : 1st Floor Sq. Ftg. Standard Req. Parking Warehouse 19,014 / 1,000(3) = 19 Based Upon Proposed Building, Total Parking Required: 19 Handicapped Spaces Required (4) 5 Total Required: (168+19+5) = 192 Parking Provided: Standard 225 Handicapped 6 Total Provided: 231 With the proposed addition, the applicant is in excess of the required number of parking spaces. Director's Recommendation: The Director of Community Development has reviewed the proposed Minor Modification request and intends to approve this permit with the attached conditions of approval. The Director intends to approve this permit request on Monday April 27, 1992 with the appeal period ending on Thursday, May 7, 1992 . If no appeal is made, the Director's decision stands. Pursuant to Resolution No. ' The applicant is providing in excess of the required 10% of landscaping and is given an increased landscaping exception; thus requiring parking spaces based upon every 1,000 square feet of gross floor area. ° Based upon 1 space per 40 parking spaces for the existing and proposed building The Honorable City Council DP-299, Minor Modification No. 1 April 22, 1992 Page -4- 88-523, the Director has the authority to approve Minor Modification. This matter is being presented to the Council as a courtesy. Should the Council or any interested party wish to appeal the Director's decision the next available public hearing date would be June 3, 1992 . Recommendation: Receive and file this report. Attachments: 1. Conditions of Approval for Minor Modification No. 1 2 . Site Plan/Elevations. 3 . Conditions of Approval for DP-299, approved by the Council on March 7, 1984 . The Honorable City Council DP-299, Minor Modification No. 1 April 22, 1992 Page -5- ATTACHMENT NO. 1 CONDITIONS OF APPROVAL ENTITLEMENT NO. : DP-299, MINOR MODIFICATION NO. 1 APPLICANT: AQUARIA INCORPORATED LOCATION: 6100 CONDOR DRIVE, MOORPARK NOTE: THESE CONDITONS OF APPROVAL, FOR MINOR MODIFICATION NO. 1 TO DP-299 ARE IN ADDITION TO THOSE CONDITIONS OF APPROVAL APPROVED BY THE CITY COUNCIL OF THE CITY OF MOORPARK ON MARCH 7, 1984, RESOLUTION OF APPROVAL NUMBER 84-70. 1. That the permit is granted for the land and project as shown on the Site Plan, Attachment 2 . 2. That the permit shall expire when the use for which it is granted is discontinued for a period of more than one hundred eighty ( 180) consecutive days or more or should another use begin operation on the existing site. 3 . 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. 4 . That the final design of buildings, walls, signs, lighting standards, window treatment, landscaping, as well as materials and colors to be used, shall be subject to the Director of Community Development's approval. 5 . All signs on-site are subject to the approval of a Sign Program. Within 60 days following approval of this Minor Modification the applicant shall submit a sign program to the Director of Community Development for approval. 6 . Prior to Issuance of a Zone Clearance, Aquaria Incorporated must be a registered business within the City. 7 . All drives shall have a minimum vertical clearance of 13 feet 6 inches ( 13 ' 6 " ) . 8 . The landscaping to be used to screen the new building addition on the East side shall be of the native drought tolerant, low water using variety. 24" Box trees shall be planted on the east and south side of the new addition. The tree variety shall be such that the trees grow to the top of the new The Honorable City Council DP-299, Minor Modification No. 1 April 22, 1992 Page -6- building within 3-5 years . The applicant shall plant vines to grow on the new building to soften the effect of the structure. 9 . Two sets (2 sets) of complete landscape plans, together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect for all new landscaping, 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 for final landscape inspection. The landscaping shall be in place and receive final inspection prior to a Certificate of Occupancy. 10 . Prior to issuance of a Zone Clearance, the applicant shall provide 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 building maintenance. Said on site improvements, shall be completed 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. The Surety shall be kept in place for a period of 3 years . 11. Two businesses on the subject site shall not concurrently operate on the subject site. Changes in operation or should both businesses attempt to operate on the existing site will violate this permit and will deem this permit null and void. 12 . Prior to Issuance of a Certificate of Occupancy for the subject site, the Fire Department must have issued written approval of the applicant's fire sprinkler system. 13. Prior to Issuance of a Certificate of Occupancy, all tenant improvement construction plans must be approved by the Ventura County Department of Environmental Health, the Fire Department, and Water District No. 1. 14 . Thirty (30) days following the Issuance of the Certificate of Occupancy, Aquaria Inc. must submit a copy of the final Certificate of Occupancy received by the Environmental Health, the Fire Department, and the Water District No. 1. The Honorable City Council DP-299, Minor Modification No. 1 April 22, 1992 Page -7- 15. Prior to the Issuance of the Certificate of Occupancy, Aquaria Incorporated must submit to the City a copy of its recycling and/or removal plans regarding hazardous materials. The definition of hazardous materials shall be pursuant to the Fire Department and Ventura County Department of Environmental Health standards . 16 . The applicant shall construct a window wall system or spandrel wall system on the proposed addition to match the existing building on the south and east side of the building. 17 . Lighting standards for the wall area and landscaping areas shall be pursuant to the lighting standards originally approved for the existing building. The applicant shall submit and receive approval from the Director of Community Development, a photo metric plan showing a point-by-point foot candle layout. 18. The applicant shall execute a covenant running with the land on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing techniques including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public streets and traffic improvements directly or indirectly affected by the development. The covenant is to be approved by the Director of Community Development prior to recordation. 19 . Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If the applicant desires, construction plans may be submitted to the Building and Safety Department with a City approved Hold Harmless Agreement. 20 . The applicant shall pay all outstanding case processing, planning, prior to issuance of a Zoning Clearance. 21. The applicant shall submit, $753.50, to cover costs incurred by the City for condition Compliance review of the Minor Modification. 22 . Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these Conditions . The Honorable City Council DP-299, Minor Modification No. 1 April 22, 1992 Page -8- 23. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc. ) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all views of equipment and shall be screened during the life of the permit. Construction materials shall match the color and materials used in the construction of the original building. 24 . The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24 . 25. Prior to issuance of a zoning clearance, s 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 Conditions of Approval or for some other just cause. This bond shall be in effect for ten years from the date of 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 conditions shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals adopted by the City Council. 26 . The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 27 . No outside storage of any materials or overnight parking of any semi-trucks or truck trailers beyond the loading zones shall be permitted. 28. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6 :00 a.m. unless approved by the Director of Community Development. 29 . No noxious odors shall be generated from any use on the subject site. 30. All uses and activities shall be conducted inside the building unless otherwise authorized by the Director of Community Development. The Honorable City Council DP-299, Minor Modification No. 1 April 22, 1992 Page -9- 31. 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. 32 . Construction activities shall be limited to between the following hours: a) 7 :00 a.m. to 7 :00 p.m. Monday through Friday, b) 9 :00 a.m. to 5:00 p.m. Saturday. No work to be accomplished on Sunday. ATTACHMENT 3 CONDITIONS FOR: Development Plan APPLICANT: CC&F Moorpark No. DP-299 Properties, Inc. DATE: January 24, 1984 PAGE: 1 PLANNING DIVISION CONDITIONS: 1. That the permit is granted for the land and project as shown on the plot plan(s) and elevations labeled Exhibit(s) "A" and "B", except or unless indicated otherwise herein. 2. That the development is subject to all applicable regulations of the "M-1" (Industrial Park) zone and all agencies of the State, Ventura County, City of Moorpark and any other governmental entities. 3. That the location and design of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be as shown on the plot plan(s) and elevations labeled Exhibit Nos. "A" and "B", except or unless indicated otherwise herein. 4. That unless the use is inaugurated not later than one (1) year after the date this permit is granted, this permit shall automatically expire on that date. The Planning Director may, at his discretion, grant one additional one year extension for use inauguration if there have been no changes in the adjacent areas, and if permittee has diligently worked toward inauguration of use during the initial one year period. 5. That any minor changes may be approved by the Planning Director upon the filing of a Minor Modification application, but any major changes will require the filing of a Major Modification application to be considered by the Planning Commission and City Council. 6. That prior to the occupancy of this building by any tenant, either the owner or prospective tenant shall file a modification application for this permit. The purpose of the modification shall be to determine if the proposed use is compatible with the existing zoning and the terms and conditions of this permit. 7. That the design, maintenance, and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. 8. 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 set of rules apply, the stricter ones shall take precedence. 9. That if any of the conditions or limitations of this Development Plan Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. CONDITIONS FOR: Development Plan APPLICANT: CC&F Moorpark No. DP-299 Properties, Inc. DATE: January 24, 1984 PAGE: 2 10. That prior to construction, a Zone Clearance shall be obtained from the Planning Division and a Building Permit shall be obtained from the Building and Safety Division. 11. That prior to the issuance of a Zone Clearance, a landscaping and planting plan (three sets) , together with specifications and a maintenance program, prepared by a State licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Planning Commission for final approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee specified by Resolution No. 222 of the Board of Supervisors. All landscaping and planting shall be completed and approved prior to the inauguration of use of this permit. 12. That continued landscape maintenance shall be subject to periodic inspection 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. 13. That the final landscape plans shall provide for a 50% shade coverage within all parking areas. 14. That all turf planting associated with this project shall be a drought tolerant, low water using variety. 15. That the final design of buildings, walls, fences, and light standards, including materials and colors, is subject to the approval of the Planning Commission. 16. That all roof mounted equipment (vents, stacks, blowers, air conditioning equipment) that may extend above 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. 17. That trash disposal areas shall be provided in locations which will not interfere with circulation parking or access to the building, and shall be screened with a six (6) foot high solid fence or wall enclosure. Final design of said enclosure shall be subject to the approval of the Planning Commission. 18. That all utilities shall be placed underground. 19. 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. 20. That all required yards, fences, parking areas, storage areas, operations yards, and other uses on the site shall be improved as required by these regulations and shall at all times be maintained in a neat and orderly manner appropriate for the "M-1" zone. ( CONDITIONS FOR: Development Plan APPLICANT: CC&F Moorpark No. DP-299 Properties, Inc. DATE: January 24, 1984 PAGE: 3 21. That signs are subject to Ventura County Ordinance Code, Article 10, Sign Ordinance. A sign permit is required. 22. That no later than ten (10) days after any change of property ownership or of the subject building, there shall be filed with the Planning Director the name(s) and address(es) of the new owner(s) , together with a letter from any such person(s) , acknowledging and agreeing to comply with all conditions of this permit. 23. That the permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance of this permit or, in the alternative, to relinquish this permit. Permittee will reimburse the City for any court costs and/or attorney's fees which the City may be required by a court to pay as a result of any such action. City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligations under this condition. 24. That permittee's acceptance of this permit and/or commencement of construction and/or operations under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. ENVIRONMENTAL HEALTH CONDITIONS: 25. That disposal of all potentially hazardous wastes shall be by a means approved by the Ventura County Environmental Health Department. 26. That sewage disposal shall be by community sewer system. 27. That in order to protect the public safety and prevent groundwater pollution, any abandoned wells on the property shall be destroyed in accordance with the Ventura County Well Ordinance prior to occupancy. 28. Prior to issuance of building permits, the applicant shall demonstrate the availability of domestic water for all parcels created by submitting a "will-serve" letter from a domestic water purveyor licensed by the Ventura County Environmental Health Department or the State of California Department of Public Health to the Ventura County Environmental Health Department and the Ventura County Public Works Agency. 29. That at the time water service connection is made, cross-connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 30. That prior to the issuance of building permits, a "will-serve" letter shall be obtained for sewage service. Said letter shall be filed with the Ventura County Division of Building and Safety. CONDITIONS FOR: Development Plan APPLICANT: CC&F Moorpark No. DP-299 Properties, Inc. DATE: January 24, 1984 PAGE: 4 FIRE DEPARTMENT CONDITIONS: 31. That the applicant shall provide sufficient proof of the ability to prevent vehicle parking in "no parking" areas and that enforcement can be secured in order that access by emergency vehicles will not be obstructed. 32. That any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the public roadway. If applicable, it is recommended that the gate(s) swing in both directions. The method of gate control shall be subject to review by the Bureau of Fire Prevention. 33. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for the approval of the location of fire hydrants. Show existing hydrants on plan within 300' of the development. ' 34. That fire hydrants shall be installed and in service prior to combustible construction and shall 6onform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design, and shall have two 4" and one 2't" outlet(s) . b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be 24" on center, recessed in from the curb face. 35. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the Z.S.O. Guide for Determining Required Fire Flow. Given the present plans and information, the required fire flow is approximately 5,250 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 36. That a minimum individual hydrant flow of 1,750 gallons per minute shall be provided at this location. 37. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. CONDITIONS FOR: Development Plan APPLICANT: CC&F Moorpark No. DP-299 Properties, Inc. DATE: January 24, 1984 PAGE: 5 38. That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 39. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the method in which buildings are to be identified by address numbers. 40. That building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. 41. That building plans of all "H" occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for review. 42. That fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be reviewed by the Fire Prevention Bureau. 43. That if any building(s) are to be protected by an automatic sprinkler system, plans shall be submitted with payment for plan check to the Ventura County Bureau of Fire Prevention for review. 44. That plans for the installation of an automatic fire extinguishing system (such as halon or dry chemical) shall be submitted to the Ventura County Bureau of Fire Prevention for review to ensure proper installation. 45. That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of Fire Prevention. 46. That any structure greater than 5,000 square feet in area and/or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance #14. 47. That roofing material shall be any fire retardant roofing as defined by the Uniform Building Code. PUBLIC WORKS AGENCY CONDITIONS: 48. That prior to the issuance of a building permit, the developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer; shall obtain a grading permit; and shall post sufficient surety guaranteeing completion. (7 C CONDITIONS FOR: Development Plan APPLICANT: CC&F Moorpark No. DP-299 Properties, Inc. DATE: January 24, 1984 PAGE: 6 49. That prior to any work being conducted within the State or City right-of-way, The icsoEu,P54A oa E.hlc.d:OP.c.rkm..ryT' ,pap_cr iW. Mi'zc er:S.A1 E SHERIFF'S DEPARTMENT CONDITIONS: 50. That all parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minumum of one foot candle of light. Walkways, aisles and passageways shall be provided with a light. All exterior lighting devices shall be protected by weather and breakage resistant covers. 51. That landscaping near driveways and within the parking lot shall not interfere with ingress, egress, and internal circulation sight distance. 52. That all exterior doors should be of a solid core wood or metal construction and have a minimum one-inch width construction. Doors should be equipped with minimum one-inch dead bolt locks. 53. That any alarm system for the building shall be wired to all entrance/exit doors, all exterior windows, and to any roof openings. 54. That any permanently affixed ladders leading to the roof shall be fully enclosed with sheet metal in an approved manner to a minimum height of ten (10) feet. The covering should be locked against the ladder with a case-hardened hasp, and secured with non-removable screws or bolts. 55. That the permittee should provide construction site security by utilizing a licensed private security guard. SRdA79