HomeMy WebLinkAboutAGENDA REPORT 1993 0519 CC REG ITEM 08S �� 5 .
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'OORPARK. CALIFORNIA
AGENDA REPORT City 1 Meeting
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TO: The Honorable City Council
of
ACTION:
FROM: Jaime Aguilera, Director of Community Developmen iL
Prepared by Paul Porter, Senior Planner By
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DATE: May 13, 1993 (CC meeting of May 19, 1993)
SUBJECT: CONSIDER INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. IPD
NO. 90-11 MINOR MODIFICATION NO. 3 (MOORPARK WEST/SHILOH
CHURCH)
Background
On October 16, 1991, the City Council adopted Resolution No. 91-809
approving IPD-90-11 on the application of Moorpark West and Murray
Siegal subject to compliance with the Conditions of Approval.
IPD Permit Lot Size Building Size
90-11 29,953 sq. ft. 13,636 sq. ft.
Discussion
The applicant applied for Minor Modification No. 3 to IPD 90-11.
Minor Modification No. 3 is a request to:
1. Reduce the approved building size from 13,636 square feet
to 11,359 square feet.
2 . Remove the approved loading zone for the purpose of
increasing the number of parking stalls from 32 to 38 .
3. Removing overhead doors and replacing them with aluminum
windows .
4 . Increasing the landscaping from 4,078 square feet to
4,448 square feet.
5 . Authorize the Shiloh Church to occupy the proposed
building.
6 . Allow off-site parking agreement pursuant to section
8108-1. 3 .2 of the Zoning Ordinance.
Effective May 7, 1993, Section 8105-5 of the Zoning Ordinance
allows churches in the M-1 zone with a modification to an approved
Industrial Planned Development Permit (IPD) .
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Director's Review of Minor Modification
The Director of Community Development has reviewed the proposed
Minor Modification and approved it on May 7, 1993 subject to the
proposed Zone Change being approved by the City Council (see
attached) . The applicant's project description has not indicated
that the church wishes to operate a school or day care facility
during weekday business hours, therefore this Minor Modification
does not include these uses. Staff has placed language in
Condition 3 notifying the applicant that a full fledged school
program or day care facility will require a separate permit
approval by the City. Staff has also added a condition notifying
noticing the applicant that any subsequent use of the property will
be required to conform with the then applicable City Code
requirements. Pursuant to Resolution No. 88-523, the Director has
the authority to approve Minor Modifications. This matter is being
presented to the City Council as a courtesy. Should the Council
decide to appeal the Director's approval of the Minor Modification,
it should do so at this time. The last day to file the appeal will
occur on May 24, 1993 .
CEQA Compliance
Staff is of the opinion that the proposed Zone Change and Minor
Modification to IPD 90-11 is categorically exempt pursuant to State
CEQA Guidelines pursuant to Section 15061 (b) (3) in that the
proposed amendments to the Zoning Ordinance does not have the
potential for causing a significant effect on the environment.
Recommendations
Receive and file the report
Attachments:
1. Conditions for Minor Modification No. 1
2 . Conditions for IPD 90-11
3 . Revised plot plan for IPD 90-11.
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NOTE: THESE CONDITIONS OF APPROVAL ARE IN ADDITION TO THE
CONDITIONS APPROVED FOR INDUSTRIAL PLANNED DEVELOPMENT
PERMIT NO. 90-11.
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REOUIREMENTS:
1. The permit is granted for the land and project as shown on the
submitted plot plan and elevation of the existing structure
and the building reduction and other exhibits submitted to the
Department of Community Development as part of this Minor
Modification. The location and design of all site
improvements shall be as shown on the approved plot plan and
elevations except or unless indicated otherwise herein. Note:
The approval date of this Minor Modification shall be the date
that the Zone Change from M-2 to M-1 comes into effect.
2 . If in the future, any use or uses are contemplated on the site
differing from that specified in Minor Modification No. 3 to
Industrial Planned Development Permit 90-11 and the zoning
clearance approved for the occupancy, either the permittee,
owner, or each prospective tenant shall file a project
description prior to the initiation of the use. Any subsequent
use of this property will be required to conform with the then
applicable City Codes . A review by the Director of Community
Development will be conducted to determine if the proposed use
is compatible with the M-1 Zone, and the terms and conditions
of this permit. Said review will be conducted and an approval
letter sent, unless another entitlement permit is required, in
which case all applicable fees and procedures shall apply.
The property owner shall notify the Department of Community
Development in writing if the church intents to leave the
facility and a new user (church) intends to use this Minor
Modification.
3 . Activities taking place during weekday normal daytime working
hours when industrial buildings are occupied by the industrial
users such as Vacation Bible Classes or other children's
programs (either pre school or school age) taking place during
regular business hours are permitted. Further, any other uses
during normal weekday business hours shall be limited to an
occupancy load which will require the use of no more than 38
parking spaces. A full fledged school program or day care
facility held during normal weekday business hours shall
require a separate permit from the City.
ATTACHMENT 1
PP05:13:93 13:31pM:\MINMOD.CC 3
4. That unless the building is occupied within two years after
this permit 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 have 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.
5. A sign permit is required for all on-site signs to be approved
by the Director of Community Development.
6 . The development is subject to all applicable regulations of
the M-1 Zone and all agencies of the State, Ventura County,
the City of Moorpark and any other governmental entities .
There shall be no outside storage of any materials .
7 . All facilities and uses other than those specifically
requested in the application, as approved, are prohibited
unless a modification application has been approved by the
City of Moorpark.
8 . 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 (or renewal) 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 the court to
pay as a result of any such action. The City may, at its sole
discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
9 . The permittee's acceptance of this permit and/or commencement
of construction and/ or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
10 . This permit shall expire if the use for which it is granted is
discontinued for a period of six months or more as determined
by the City.
11. That prior to inauguration of the proposed use on the site,
the applicant shall obtain a Zoning Clearance from the
Department of Community Development.
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED•
12 . The applicant shall pay all outstanding case processing costs
and all related City legal service fees prior to issuance of
a Zoning Clearance.
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13. 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 and present such statement to the Department of
Community Development.
14. Any roof mounted equipment and other noise generation sources
approved by the Director of Community Development shall be
attenuated to 55 DBA at the property line measured at the time
of the occupant request. Prior to the issuance of a Zone
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. Any roof equipment may also require
approval of the County of Ventura Air Pollution Control
District (APCD) .
15 . No asbestos pipe or construction materials shall be used
inside or outside the building without prior approval of the
City Council.
16 . Prior to the issuance of a Zoning Clearance, the applicant
shall demonstrate that the lease agreement allows the
applicant to have a total of 60 available parking spaces for
the proposed church. The parking shall be provided for the
duration of the permit and shall be reflected in the lease
agreement between the lessor and the lessee of the property.
This Minor Modification shall expire if the required parking
is not continued to be provided as agreed to herein.
17 . Prior to the issuance of a Zoning Clearance to the church,
those properties which will provide the parking spaces for
this use shall have a recorded lien disallowing them to
utilize their parking facilities during those times that their
parking is allotted to the church.
FIRE DEPARTMENT CONDITIONS
18. That a street width of 25 feet with two way traffic and off-
street parking provided on both sides shall be provided.
19 . That prior to construction the applicant shall submit two (2)
site plans to the Fire District for approval of the location
of fire lanes . The fire lanes shall be posted in accordance
with California Vehicle Code, Section 22500 . 1 and Article 10
of the Uniform Fire Code prior to occupancy.
PP05:13:93 13:31pmA:\MINMOD.CC 5
20. That prior to combustible construction, all weather access
road/driveway suitable for use by a 20 ton Fire District
vehicle shall be installed.
21. That the access roadway(s) shall be extended to within 150
feet of all portions of the exterior walls of the first story
of any building. Where the access roadway cannot be provided,
approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
22 . That access roads shall not exceed 15% grade.
23 . That all drives shall have a minimum vertical clearance of 13
feet 6 inches ( 13' 611 ) .
24. That approved turnaround areas for fire apparatus shall be
provided where the access road is 150 feet or farther from the
main thoroughfare.
25. That address numbers, a minimum of 6 inches (6 " ) 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 set back more that 250 feet (2501 ) from
the street, larger numbers will be required so that they are
distinguishable from the street. In the event the
structure(s) is not visible from the street, the address
number(s) shall be posted adjacent to the driveway entrance.
26 . 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 .
27 . That building plans of all A, E, I & H occupancies shall be
submitted to the Fire District for plan check.
28. That plans for any fire alarm system shall be submitted to the
Fire District for plan check.
29 . That fire extinguishers shall be installed in accordance with
National Fire Protection Association, Pamphlet #10 . The
placement of extinguishers shall be subject to review by the
Fire District.
30. That commercial trash dumpsters and containers with an
individual capacity of 1.5 cubic yards of greater shall not be
stored or placed within 5 feet of openings, combustible walls,
or combustible roof eave lines unless protected by approved
automatic fire sprinklers . (Uniform Fire Code, Article 11. )
PP05:13:93 13:31pmA:\MINMOD.CC 6
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS
GENERAL REQUIREMENTS:
1. The permit is granted for the land and project as shown on the
submitted plot plans and elevations . The location and design
of all site improvements shall be as shown on the approved
plot plans and elevations except or unless indicated otherwise
herein.
2 . The development is subject to all applicable regulations of
the M-2 Zone and all agencies of the State, Ventura County,
the City of Moorpark and any other governmental entities .
3 . That unless the project is inaugurated (building foundation
slab in place and substantial work in progress) not later than
one year after this permit 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
have 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 one year
period.
4 . All facilities and uses other than those specifically
requested in the application are prohibited unless a
modification application has been approved by the City of
Moorpark.
5 . 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.
6 . No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
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.
7 . If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
1
ATTACHMENT 2
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
8 . That the applicant shall defend, indemnify and hold harmless
the City and its agents, officers and employees from any
claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul any
approval by the City or any of its agencies, departments,
commissions, agents, officers, or employees concerning the
subdivision, which claim, action or proceeding is brought
within the time period provided therefore in Government Code
Section 66499 .37 . The city will promptly notify the
subdivider of any such claim, action or proceeding, and, if
the city should fail to do so or should fail to cooperate
fully in the defense, the subdivider shall not thereafter be
responsible to defend, indemnify and hold harmless the City or
its agents, officers and employees pursuant to this condition.
The city may, within its unlimited discretion, participate in
the defense of any such claim, action or proceeding if both of
the following occur:
The city bears its own attorney fees and costs;
The city defends the claim, action or proceeding in good
faith.
The applicant shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the applicant. The applicant's
obligations under this condition shall apply regardless of
whether a zone clearance is issued with respect to the
Industrial Planned Development Permits .
9 . A sign permit is required for all on-site signs to be approved
by the Director of Community Development.
10 . Prior to the submission of construction plan for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Community Development Department.
The applicant may submit construction drawings to Building and
Safety for Plan Check prior to the issuance of a Zoning
Clearance if the applicant delivers to the City an acceptable
Hold Harmless Letter.
11. Prior to initial tenant occupancy and any subsequent change in
tenant occupancy, the owner of the subject building, or the
owner's representative shall apply for a Zoning Clearance from
the Community Development Department.
2
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
12 . 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 Article
45 of the Zoning Code. The cost of the Zoning Clearance shall
be borne by the applicant for tenant occupancy.
13 . If in the future, any use or uses are contemplated on the site
differing from that specified in the Zoning Clearance approved
for the occupancy, either the permittee, owner, or each
prospective tenant shall file a project description prior to
the initiation of the use. A review by the Director of
Community Development will be conducted to determine if the
proposed use is compatible with the M-2 Zone and the terms and
conditions of this permit. Said review will be conducted at
no charge and an approval letter sent, unless a minor or major
modification to the Planned Development is required, in which
case all applicable fees and procedures shall apply.
14 . The permittee's acceptance of this permit and/or commencement
of construction and/ or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
15 . 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.
16 . Within two (2) days after approval of the project by the City
Council, the applicant shall deposit one fee in the amount of
$1,250 plus a $25 . 00 filing fee for the following applications
which collectively comprise the project: Land Division Map
No. 91-3, Tentative Tract Map No. 4789, and Industrial Planned
Development Permit Nos . 90-7 thru 13, 91-1 thru 3 . The fee
shall be paid to the County of Ventura for the State required
Notice of Determination filing fee in accordance with Assembly
Bill 3158 .
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS
SHALL BE SATISFIED:
17 . a. Except as provided in condition No. 10 hereof, prior to
the issuance of a Zoning Clearance for IPD Nos 90-10 and
90-12, and 91-1 thru -3, TT 4789 shall be recorded.
b. Except as provided in condition No. 10 hereof, prior to
the issuance of a Zoning Clearance for IPD 90-7, LDM 91-3
shall be recorded.
3
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
18 . 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 and present such statement to the Department of
Community Development.
19 . The final construction working drawings shall be submitted to
the Director of Community Development for review.
20. Complete landscape plans (2-sets) , together with
specifications and a maintenance program shall be prepared by
a State Licensed Landscape Architect, generally in accordance
with the Ventura Guide to Landscape Plans and in compliance
with the City of Moorpark Ordinance No. 74, and shall be
submitted to and approved by the Director of Community
Development. The final landscape plans shall be in
substantial conformance with the conceptual landscape plan
submitted with the application. The applicant shall bear the
total cost of the landscape plan review and final installation
inspection. The landscaping and planting plan submitted for
review and approval shall be accompanied by a deposit as
specified by the City of Moorpark. Additional funds may
subsequently need to be deposited to cover all landscape plan
check and inspection fees . All landscaping and planting shall
be accomplished and approved by the Director of Community
Development, or his designee, prior to the approval of
occupancy. The project landscape plans shall include the
following:
a. A 50 percent shade coverage shall be provided within all
parking areas . Shade coverage is described as the maximum
mid-day shaded area defined by a selected specimen tree
at 50 percent maturity.
b. Any turf plantings associated with this project shall be
drought tolerant, low water using variety.
C . Landscaping at site entrances and exits and any
intersection within the parking lot shall not block or
screen the view of a seated driver from another moving
vehicle or pedestrian.
d. Plantings in and adjacent to parking areas shall be
contained within raised planters surrounded by six-inch
high concrete curbs.
4
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
e. Landscaping shall be designed so as to not obstruct the
view of any exterior door or window from the street.
f. Landscaping (trees) shall not be placed directly under
any overhead lighting which could cause a loss of light
at ground level.
g. Earthen berms shall be provided to screen views of parked
vehicles from access roads.
h. Landscaping shall be used to screen views of any backflow
preventers .
21. Roof design and construction shall include a minimum 18-inch
extension of the parapet wall above the highest point of the
roof.
22 . 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.
23. All trash disposal areas shall be provided in a location which
will not interfere with circulation, parking or access to the
building, and shall be screened with a six foot high wall
enclosure with metal gates .
The final design of the trash enclosure shall be subject to
the issuance of a zoning clearance. 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
and solid waste management programs
24 . Pullover parking (overhangs) shall be limited to 24 inch
maximum. No vehicles shall be allowed to encroach onto
walkways or into the required landscaped setbacks along
roadways .
25 . A 45-foot turning radius shall be provided for loading zones
consistent with the AASHO WB-50 design vehicle. Prior to
issuance of a zoning clearance, the applicant shall provide a
site plan which identifies all loading truck turning
movements .
5
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
26 . All property line walls shall be no further than one inch from
the property line.
27 . The building shall be constructed using energy saving devices.
These shall include those devices required by the California
Administrative Code, Title 24 .
28. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development for review and approval. The lighting plan shall
achieve the following objectives: Avoid interferences with
reasonable use of adjoining properties; minimize on-site and
off-site glare; provide adequate on-site lighting; limit
electroliers height to avoid excessive illumination; and
provide structures which are compatible with the total design
of the proposed facility.
a. The lighting plan shall include the following:
b. A photometric plan showing a point-by-point foot candle
layout to extend a minimum of twenty (20) feet outside
the property lines. Layout plan to be based on a ten ( 10)
foot grid center.
C. Maximum overall height of fixtures shall be sixteen ( 16)
feet.
d. Fixtures must possess sharp cut-off qualities with a
maximum of one-half foot candle illumination at property
lines .
e. There shall be no more than a seven-to-one (7 : 1) ratio of
level of illumination shown (maximum-to-minimum ratio
between lighting standards) .
f. Energy efficient lighting fixtures shall be provided
which are compatible with adjacent properties.
g. Average maximum of one-half foot candle illumination.
h. No light shall be emitted above the 90 degree or
horizontal plane. No direct light source shall be
visible from Spring Road.
6
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
29 . A utility room with common access to house all meters and the
roof access ladder shall be provided. No exterior access
ladder of any kind shall be permitted.
30. No downspouts shall be permitted on the exterior of the
building.
31. All exterior building materials and paint colors shall be
approved by the Director of Community Development to ensure
compatibility with adjacent development. Accent stripes shown
on the project elevations shall be an indentation of at least,
one-half inch deeper or greater.
32 . No asbestos pipe or construction materials shall be used
without prior approval of the City Council.
33 . All utilities are required to a underground to the nearest
off-site utility pole except through transmission lines.
Prior to the issuance of a zoning clearance, the applicant
shall submit a plan for review and approval to the Director of
Community Development which identifies how compliance with the
undergrounding requirement will be met.
34 . If skylights are proposed, the specific type and model must be
approved by the Director of Community Development to ensure
that they shall be of an opaque type to minimize evening
illumination as viewed from the exterior.
35 . In recognition of the need for public street and traffic
improvements to meet the demand generated by cumulative
development in the City, the applicant shall prior to the
issuance of a zoning clearance execute a covenant running with
the land on behalf of itself and its successors, heirs, and
assigns agreeing to participate in the formation of and be
subject to any assessment district or other financing
techniques including but not limited to the payment of traffic
mitigation fees, to provide funds for such improvements,
should such a mechanism be established by the City.
36 . The applicant shall contribute to the City of Moorpark an
amount of $.25 per square foot of gross floor area to support
the City's current and future park system.
37 . The applicant shall contribute to the City of Moorpark's Art
in Public Places Fund, an amount of $10 per each 100 square
feet of building area.
7
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
38. Prior to issuance of a zoning clearance, the permittee shall
make a contribution to the Moorpark Traffic Systems Management
Fund of $ . 15 per square foot of floor area 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.
39 . To encourage employees to use alternative means of
transportation to reduce automobile trips, common area bicycle
storage facilities such as bicycle racks or lockers shall be
provided. Proposed bicycle storage areas and facilities for
the development shall be reviewed and approved by the Director
of Community Development prior to the issuance of a zoning
clearance.
40 . Prior to the issuance of a zoning clearance for tenant
occupancy, the proposed use shall be reviewed and approved by
the Ventura County Environmental Health Department to ensure
that the proposal will comply 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.
41. All roof mounted equipment and other noise generation sources
on-site shall be attenuated to 55 dBA at the property line, or
to the ambient noise level at the property line measured at
the time of the occupant request. Prior to the issuance of a
Zone 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 .
42 . 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
8
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
by a related resolution or ordinance regarding condition
compliance for entitlement approvals adopted by the City
Council.
43 . 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
processing (planning and Engineering) , and all City legal
service fees prior to issuance of a Zoning Clearance, or
recordation of LDM 91-6 or Tentative Tract No 4789 .
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
44 . An "Unconditional Will Serve Letter" for water and sewer
service will be obtained from the Ventura County Waterworks
District No. 1.
45. The applicant shall pay all school assessment fees levied by
the Moorpark Unified School District.
46 . 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:
47 . 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.
48 . All landscaping and planting shall be installed and inspected.
49 . At the time water service connection is made for each project,
cross connection control devices shall be installed for the
water system in accordance with the requirements of the
Ventura County Environmental Health Department.
50. No Certificate of Occupancy shall be granted prior to
acceptance or completion of landscaping or other sight
improvements such as perimeter walls, including stucco
9
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
treatment, landscaping, fences, slope planting or other
landscape improvements not related to grading; private
recreational facilities, etc. Said on-site improvements shall
be completed within 120 days of issuance of a Certificate of
Occupancy. In case of failure to comply with any term or
provision of this condition, the City Council may by
resolution declare the surety forfeited. Upon completion of
the required improvements to the satisfaction of the City, the
City Council may reduce the amount of the bond; however, the
bond must be kept in full effect for one year after the last
occupancy to guarantee that items such as perimeter tract
walls (including stucco treatment) , landscaping, fences, slope
planting or other landscape improvements not related to
grading, private recreational facilities, etc . are maintained.
AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING
CONDITIONS SHALL BE APPLICABLE:
51. No later than ten ( 10) days after any change of property
ownership or change of lessee(s) or operator(s) of the subject
building, there shall be filed with the Director of Community
Development the name(s) and address(es) of the new owner(s) ,
lessee(s) or operator(s) together with a letter from any such
person(s) acknowledging and agreeing with all conditions of
this permit.
52 . Prior to initial occupancy or any subsequent change of tenant
occupancy, the owner of the subject building, or the owners
representative shall apply for a zoning clearance from the
Community Development Department. The purpose of the zoning
clearance shall be to determine if the proposed uses(s) are
compatible with the zoning and terms and conditions of the
permit.
53. Prior to occupancy by any tenant or subsequent owner whose
business would employ or dispose of hazardous materials, a
Major Modification approval shall be required.
54 . The continued maintenance of the permit area and facilities
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 Code Enforcement Officer
within thirty (5) days after notification.
55. The striping for parking spaces and loading bays shall be
maintained so that it remains clearly visible.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
56 . Prior to occupancy by any tenant or subsequent owner whose
business would employ or dispose of hazardous materials, a
Major Modification approval shall be required.
57 . No outside storage of any materials or overnight parking of
any semi-trucks or any other vehicle shall occur outside of
the industrial building with the exception of within the
loading zones .
58 . Loading and unloading operations shall not be conducted
between the hours of 10:00 p.m. and 6 :00 a.m.
59 . No noxious odors shall be generated from any use on the
subject site.
60. All uses and activities shall be conducted inside the
buildings unless otherwise authorized by the Director of
Community Development.
61. 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.
CITY ENGINEER CONDITIONS
PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
62 . a. The applicant shall submit to the City 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. Cut or fill
slopes shall be no steeper than 2 : 1
(horizontal:vertical) . Contour grading of all slopes
shall be provided to the satisfaction of the Director of
Community Development and the City Engineer.
b. An erosion control plan shall be submitted for review and
approval if grading is to occur between October 15th and
April 15th. Along with the erosion control measures,
hydroseeding of all graded slopes shall be required
within 60 days of completion of grading.
C. All haul routes shall be approved by the City Engineer.
On-site haul routes shall be limited to graded areas
only.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
63. a. The applicant shall submit to the City for review and
approval, a detailed soils and geotechnical report
prepared by both a civil engineer and a geotechnical
engineer registered in the State of California. The
report shall include a geotechnical investigation with
regard to liquefaction, expansive soils, and seismic
safety. The grading plan shall incorporate the
recommendations of the approved soils report.
b. Review of the soils and geotechnical report by the City's
geotechnical consultant may be required by the City
Engineer. If so, the applicant shall reimburse the City
for all costs including the City's administrative costs .
64 . a. The applicant shall submit to the City for review and
approval, street improvement plans prepared by a
registered civil engineer; shall enter into an agreement
with the City to complete the improvements; and shall
post sufficient surety guaranteeing the construction of
the improvements . Any necessary right-of-way required to
complete the improvements will be acquired by the
applicant at their expense.
b. The improvements shall include concrete curb and gutter,
sidewalk, street lights, striping and signing, paving,
and any necessary transitions to the satisfaction of the
City Engineer.
C . The applicable Ventura County Road Standard Plates are as
follows:
1. The proposed unnamed cul-de-sac shall be per Plate
B3-D, modified to a 50 foot right-of-way with no
sidewalks.
2 . "A" Court shall be per Plate B3-D, modified to a 50
foot right-of-way with no sidewalks .
65. The applicant shall demonstrate to the satisfaction of the
City Engineer that each building pad has adequate protection
from a 100-year storm and feasible access during a 10-year
storm.
66 . The applicant shall submit to the City for review and
approval, drainage plans, hydrologic and hydraulic
calculations prepared by a registered civil engineer; shall
enter into an agreement with the City to complete the
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
improvement and shall post sufficient surety guaranteeing the
construction of the improvements . The drainage plans and
calculations shall indicate the following conditions before
and after development:
Quantities of water, water flow rates, major water courses,
drainage areas and patterns, diversions, collection systems,
flood hazard areas, sumps and drainage courses .
Hydrology shall be current Ventura County Standards except as
follows:
a. all catch basins in sump locations shall be designed for a 50-
year storm;
b. all catch basins on continuous grades shall be designed for a
10-year storm;
C. all catch basins in a sump condition shall be designed such
that the depth of water at intake shall equal the depth of the
approach flows;
d. all culverts shall be designed for a 100-year storm;
e. for a 10-year storm, all collector streets shall be provided
with a minimum of one travel lane with a goal that local,
residential streets shall have one travel lane available where
possible.
f. Drainage to adjacent parcels shall not be increased or
concentrated by this development. All drainage measures
necessary to mitigate storm water flows shall be provided by
the applicant.
67 . The applicant shall demonstrate legal access for each parcel
to the satisfaction of the City Engineer.
68. The applicant shall indicate in writing to the City Engineer,
the deposition of any water well or any other well that may
exist within the project. If any wells are proposed to be
abandoned, or if they have been abandoned and have not been
properly sealed, they must be destroyed per Ventura County
Ordinance No. 2372 and any applicable Division of Oil and Gas
requirements .
69 . The applicant shall post sufficient surety guaranteeing
completion of all improvements which revert to the City (i.e.
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INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
landscaping, parks, fencing, etc. ) or which require removal
(i.e. model homes, temporary debris basins, etc . ) .
DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL COMPLY:
70. That 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.
71. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies . Contaminated or hazardous soil as defined by
Department of Health Services may not be used for on-site soil
fill or roadway subgrade unless the Department of Health
Services determines in writing that said material has been
treated to a level that is no longer considered a public
health risk or requires public disclosure by the Department of
Real Estate. Any contaminated or hazardous soil shall be
removed to an approved landfill.
72 . Where roads requiring 4 or more inches of pavement are to be
built, the applicant shall construct the required street
section minus 1-inch of paving as an interim condition until
all utility cuts or trenching are completed. The final 1-inch
cap of asphalt shall be placed after all necessary trenching
is completed.
73 . If necessary, the applicant shall obtain a Ventura County
Flood Control District Watercourse Encroachment Permit.
74. The applicant shall construct all necessary drainage
facilities, including brow ditch and slope bench drainage
channels, with a permanent earth tone color so as to minimize
visual impacts. Said color shall be submitted to and approved
by the Director of Community Development as part of the
grading plans .
75 . An 18" slough wall shall be constructed directly behind the
back of the sidewalk where slopes over four feet are adjacent
to sidewalk so as to reduce debris from entering streets .
14
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
76 . No trees with a trunk diameter in excess of four inches shall
be trimmed or removed with prior approval of the Director of
Community Development.
PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
77 . If the land is in a special flood hazard area, the applicant
shall notify all potential buyers of this condition.
78 . The applicant shall have recorded reciprocal access and
utility easements to ensure that all access roads/driveways
shown on the site plan will be available for use by all
tenants in the industrial park.
PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND
EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
79 . Sufficient surety guaranteeing the public improvements shall
be provided. The surety shall remain in place for one year
following acceptance by the City Council.
80 . Original "as-built" plans will be certified by the applicant's
civil engineer and submitted with two sets of blue prints to
the City Engineer's office. Although grading plans may have
been submitted for checking and construction on sheets larger
than 22 " X 36 " , they must be resubmitted as "As-Builts" in a
series of 22 " X 36" mylars (made with proper overlaps) with a
title block on each sheet. Submission of "As-Built" plans are
required before a final inspection will be scheduled.
81. Reproducible centerline tie sheets shall be submitted to the
City Engineer's office.
82 . The applicant's engineer shall file for a time extension with
the City Engineer's office at least six weeks in advance of
expiration of the agreement to construct subdivision
improvements . The fees required will be in conformance with
the applicable ordinance section.
MOORPARK POLICE DEPARTMENT CONDITIONS
PRIOR TO THE ISSUANCE OF A OCCUPANCY PERMIT, THE FOLLOWING
CONDITIONS SHALL BE MET:
83. Lighting devices shall be high enough so as to eliminate
anyone on the ground from tampering with them. All parking
15
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
areas shall be provided with a lighting system capable of
illuminating the parking surface with a minimum of one-half
foot candle of light and shall be designed to minimize the
spillage of light onto adjacent properties. All exterior
lighting devices shall be protected by weather and breakage-
resistant covers.
84 . Landscaping shall not cover any exterior door or window.
85. Landscaping at entrances/exits or at any intersection within
the parking lot shall not block or screen the view of a seated
driver from another moving vehicle or pedestrian.
86 . Landscaping (trees) shall not be placed directly under any
overhead lighting which could cause a loss of light at ground
level.
87 . All entrance/exit driveways shall be a minimum of 30 feet in
width.
88. All exterior doors shall be constructed of solid wood core, a
minimum of 1 and three quarters inches thick, or of metal
construction. Front glass doors commonly used for entry are
acceptable but should be visible to the street.
89 . Doors utilizing a cylinder lock shall have a minimum five (5)
pintumbler operation with the locking bar or bolt extending
into the receiving guide a minimum of 1-inch deadbolt.
90 . There shall not be any easy exterior access to the roof area,
i.e. ladders, trees, high walls, etc.
91. If an alarm system is used, it shall be wired to all exterior
doors and windows and to any roof vents or other roof openings
where access may be made.
92 . Address shall be clearly visible to approaching emergency
vehicles and mounted against a contrasting color. The numbers
shall be a minimum of 6 inches in height and illuminated
during the hours of darkness .
93. Front door entrances shall be visible from the street.
DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY:
94 . A licensed security guard is recommended during the
construction phase, or a 6-foot high chain link fence shall be
16
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
erected around the construction site.
95. Construction equipment, tools, etc. , shall be properly secured
during non-working hours .
COUNTY OF VENTURA ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS
PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITION
SHALL BE MET:
96 . Prior to the issuance of building permits for the construction
of any food or beverage facility, the applicant shall submit
complete construction plans, equipment design specifications,
finish schedules and other required information to the
Community Services of Environmental Health Department for
review and approval (see Ventura County Environmental Health
Food Establishment Plan Check Guide) .
VENTURA COUNTY FIRE DEPARTMENT CONDITIONS
PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
97 . That a street width of 25-feet for two way traffic with off
street parking on both sides shall be provided.
98 . That prior to construction, the applicant shall submit two
site plans to the Ventura County Bureau of Fire Prevention for
approval of the location of fire lanes . The fire lanes shall
be posted in accordance with California Vehicle Code, Section
22500 . 1 and Article 10 of the Uniform Fire Code prior to
Occupancy.
99 . That access roads shall be installed with an all weather
surface, suitable for access by fire department apparatus .
100. That the access roadway shall be extended to within 150 feet
of all portions of the exterior walls of the first story of
any building. Where the access roadway cannot be provided,
approved fire protection system or systems shall be installed
as required and acceptable to the Bureau of Fire Prevention.
(For IPD Nos. 90-7, -8, -9 only)
101. That all drives shall have a minimum vertical clearance of 13
feet, 6 inches ( 13 ,611 ) .
102 . That address numbers, a minimum of 6 inches high with the
exception of IPD 90-7 which shall have 8" address numbers,
17
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
shall be installed prior to occupancy, shall be of contrasting
color to the background and shall be addressed off of Maureen
Lane. IPD shall be addressed off of Maureen Lane. 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.
103 . That prior to construction, the applicant shall submit plans
to the Ventura County Bureau of Fire Prevention for approval
of the location of fire hydrants . Show existing hydrants on
a site plan, within 300 feet of the development.
104 . That fire hydrants shall be installed and in service prior to
combustible construction and shall conform to the minimum
standards of the Moorpark Water Works Manual.
a. Each hydrant shall be 6 inch wet barrel design and
shall have two 4 inch and one 2 1/2 inch
outlet(s) for IPD Nos. 90-7, -8, -and one 4 inch wet
barrel design and two 2 1/2 inch for IPD Nos . 90-9,
-10, -11, -12, -13, 91-1, -2, and -3 .
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 recessed in from curb face
24 inches at center.
105 . 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 I.S.O. for determining Required Fire Flow. Given the
present plans and information, the required fire flow is
approximately 3,500 gallons per minute for IPD Nos . 90-7, -8,
-9 and 2,500 gallons per minute for IPD Nos . 90- 10, -11, -12,
-13, 91-1, -2, and -3. The applicant shall verify that the
water purveyor can provide the required volume at the project.
106 . The building for IPD 90-7 shall be protected by an automatic
sprinkler system and plans shall be submitted, with payment
for plan check, to the Ventura County Bureau of Fire
18
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
Prevention for review. For all other IPD's, if the
building(s) are to protected by an automatic sprinkler system
and plans shall be submitted, with payment for plan check, to
the Ventura County Bureau of Fire Prevention for review.
107 . That trash containers shall be five (5) feet or more away from
openings, combustible walls, combustible roof eaves, unless
trash container is protected by an approved fire sprinkler
(IPD 90-7) .
108. Than any structure(s) 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 (IPD 90-8, -9, -10, -11, -12, -13, 91-1,
-2, -3) .
109 . That building plans of all A.E,I, & H occupancies shall be
submitted to the Ventura County Bureau of Fire Prevention for
plan check.
110 . That plans for any fire alarm system shall be submitted to the
Ventura County Bureau of Fire Prevention for plan check.
111. 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.
112 . That plans for the installation of automatic fire
extinguishing system (such as, halon or dry chemical) shall be
submitted to the Ventura County Bureau of Fire Prevention for
plan check.
113 . That all grass or brush exposed to any structures shall be
cleared for a distance of 100 feet prior to framing, according
to the Ventura County Weed Abatement Ordinance.
114 . That trash containers with an individual capacity of 1.5 cubic
yards or greater, shall not be stored within 5 feet of
openings, combustible walls, combustible roof eave lines,
unless protected by approved automatic fire sprinklers .
(Uniform Fire Code, Article 11) .
115. The buildings shall have fire sprinklers .
116 . That a plan shall be submitted to the Fire District and
Sheriff's Department for review indicating the method in which
19
INDUSTRIAL PLANNED DEVELOPMENT PERMIT NOS. 90-7 - 13
91-1 - 3
APPLICANT: MOORPARK WEST
DATE: August 19, 1991
buildings are to be identified by address numbers .
WATERWORKS DISTRICT NO. 1 CONDITION
117 . Applicant for service shall comply with the Ventura County
Waterworks District No. 1 "Rules and Regulations" including
all provisions of or relating to the existing Industrial Waste
Discharge Requirements and subsequent additions or revisions
thereto. Ultra low plumbing fixtures are required in all new
construction.
20