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HomeMy WebLinkAboutAGENDA REPORT 1990 0418 CC REG ITEM 08O 1 . , ( j I, I''rC . _ ______ MOORPARK ITEM aat ---3-��` dc! ) PAUL W. LAWRASON,Jr. o>aK CA,,,, STEVEN KUEN� / Mayor o �°v MOORPARK. CAUFORNIA City Manager SCOTT MONTGOMERY f ^o City II Meeting CHERYL J. KANE Mayor Pro Tern /4l16 44 of City Attorney ELOISE BROWN i..tag. �'r 11 K RICHARDS,A.I.C.P. Councilmember °`v � ' Director of °0� ° ACTION: ����� immunity Development CLINT HARPER, Ph.D. °g9rep .,,,' R. DENNIS DELZEIT Councilmember City Engineer BERNARDO M. PEREZ JOHN V.GILLESPIE Councilmember LILLIAN KELLERMAN Chief of Police City Clerk ?' RICHARD T. HARE City Treasurer MEMORANDUM TO: The Honorable City Council Ye----- FROM: Patrick J. Richards, Director of Community Development DATE: April 9, 1990 (CC meeting of 4/18/90) SUBJECT: PLANNED DEVELOPMENT PERMIT NO. PD-1066 (LISTON) - RESOLUTION ADDING CONDITIONS TO ORIGINAL ENTITLEMENT Background On March 7 , 1990 the applicant, Mr. Liston, appeared before the City Council requesting consideration of a request to grant an extension to his PD-1066 entitlement permit. Mr. Liston had failed to act in a timely manned and was seeking consideration directly to the Council . The matter was set for March 21, 1990 for Council discussion. At this meeting the Council agreed to allow a one year extension subject to adding new conditions of development approval and having the applicant agree to a one year extension subject to adding new conditions of development approval and having the applicant agree to such changes in writing. Discussion Attached is a draft resolution which adds conditions to PD-1066 . Exhibit "1 " of this resolution illustrates the additional conditions timed to specific events . As of this writing, the agreement between Mr. Liston and the City has not yet been finalized. Staff will attempt to have the agreement available prior to the assemble of the Council packet. Failure to receive the agreement; staff would recommend a continuance of this matter to the Council 's next meeting. Attachment: Draft Resolution I.00RPARK, CALIFORNIA City C Meeting 90490B of - 199 ACTION: ���rr tluimQ� ifae; 47c,C) BY �� '' 799 Moorpark Avenue Moorpark, California 93021 05) 529-6864 PAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tem ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M.PEREZ Councilmember LILLIAN KELLERMAN City Clerk MOORPARK P O 199, O � _ 2� 41 M E M O RAN D TO: The Honorable City Council. FROM: Patrick J. Richards, Director DATE: April-9, 1990 (CC meeting of SUBJECT: PLANNED DEVELOPMENT PERMIT RESOLUTION ADDING CONDITIONS Background ITEM d•0• STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer D M. r of Community Development 4/18/90) NO. PD -1066 (LISTON) TO ORIGINAL ENTITLEMENT On March 7, 1990 the applicant, Mr. Liston, appeared before the City Council requesting consideration of a request to grant an extension to his PD -1066 entitlement permit. Mr. Liston had failed to act in a timely manned and was seeking consideration directly to the Council. The matter was set for March 21, 1990 for Council discussion. At this meeting the Council agreed to allow a one year extension subject to adding new conditions of development approval and having the applicant agree to a one year extension subject to adding new conditions of development approval and having the applicant agree to such changes it writing. Discussion Attached is a draft resolution which adds conditions to PD -1066. Exhibit "1" of this resolution illustrates the additional conditions timed to specific events. As of this writing, the agreement between Mr. Liston and the City has not yet been finalized. Staff will attempt to have the agreement available prior to the assemble of the Council packet. Failure to receive the agreement; staff would recommend a continuance of this matter to the Council's next meeting. Attachment: Draft Resolution 90490B 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 RESOLUTION No. 90--- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING RESOLUTION NO. 88 -444 FOR PLANNED DEVELOPMENT PERMIT NO,. OD -1066 ( LISTON). WHEREAS, on February 3, 1988 the City Council of the City of Moorpark adopted the following Resolution No. 88 -444: A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING THE APPLICATION FOR PLANNED DEVELOPMENT PERMIT NO. PD -1066 FILED BY LEONARD LISTON FOR THAT CERTAIN PROPERTY LOCATED ON PARK LAND APPROXIMATF'LY 130 FT. SOUTH OF LOS ANGELES AVENUE. WHEREAS, the City Council desires to provide additional amendments to various conditions -f Resolution No. 88 -444. WHEREAS, at: a regularly scheduled meeting on April 18, 1990 the City Council of said City as an agenda item discussed these additions and amendments WHEREAS, the clarificat.i..ons, additional conditions and amendments do not constitute a modification of this approved project. WHEREAS, the City Council has been duly informed in the manner; as prescribed by law; has given careful consideration thereto; has determined that the amendments and added conditions do not necessitate the preparation of a subsequent environmental document because the amendments contained therein will not result in new significant environmental mpacts° NOW, THEREFORE, THE CITY' COUNCI, OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOW° SECTION 1. That these clarifications, added conditions and amendments to various conditions of Resolution No. 88 -444 described in Exhibit 1 at °ached) are hereby approved. SECTION 2. That t::h_N : reso. ution shall. take effect immediately. SECTION 3. That these additional conditions do not superceed those conditions imposedi.inder Resolution No. 88 -444, but are additional conditions. SECTION 4. That the ::ity Clerk shall certify to the passage and adoption of this resol.ition. PASSED AND ADOPTED THIS DAY OF APRIL 1990. Mayor, City of Moorpark ATTEST: Lillian E. Kellerman, City Clerk EXHIBI AMENDMENTS AND ADDITIONS TO RESOLUTION NO. 88 -444 Community Development Department Condition 1. GENERAL REQUIREMENTS: C. Unless the use is inaugurated not later than three years after the date this permit is granted, this permit shall automatically expire on '.hat. date. City Engineer's Conditions 1. PRIOR TO ISSUANCE OF A GRADIN(:a OR ENCROACHMENT PERMIT: a. Obtain Park Lane right -dDf -way dedicated to the City, before issuance of Gradin:_3 Permit:. or Encroachment Permit. b. Obtain new Grading Permi. (old permit expired 12/23/89) and pay all current fees C. Obtain Encroachment Perm:.t. d. That applicant shall pay for all past due and outstanding staff time spent regarding PD -1066 and applicant shall pay for all current stiff processing of an extension request included but n�)t limited to a condition of amendment. All fees t:) be paid prior to issuance of a grading permit. 2. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: C. That the City Manager shy :L1 retain the right and possess the authority to cause the applicant to complete all public street; storm dr:xin; utility and undergrounding improvements to the satisfaction of the City Manager. In any event all public improvements shall be installed and operational prior t,o the time when occupancy compliance .is requestecµ c: \pjr \90490a RESOLUTION NO 88 -1444 A RESOLUTION OF THE MOORPARK CIT" COUNCIL. OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING 1-HE APPLICATION FOR PLANNED DEVELOPMENT PERMIT NQ. 1066 FIIED HY LEONARD LISTON FOR THAT CERTAIN PROPERTY LOCATED ON PARK LAN! = A''I =NHi APPROXIMATELY 130 FT. SOUTH OF LOS ANGELES AVENUE. WHEREAS, pursuant to the prov inns, of Section 8165 of the Moorpark Municipal Code, the -applicant, Leonard List.,n has. requested the City's approval of the application for Planned Development. p,t-mit No 1066 in order to construct a 6,540 sq.ft. automotive service building a-1 2,960 sq.ft full service car wash on that certain real property located a the we;,t side of Park Lane Avneue approximately 130 feet south of Lo A el "venue. (Assessor Parcel No. 506 -0- 150 -140). WHEREAS, studies and invest.itia icns ware made, and staff reports and recommendations were submitted; and WHEREAS, the Planning Commis c has re,,J ewed and considered the Initial Study and Negative Declaration of the proje ,n' WHEREAS, the Commission, up( giving the notice required by the provisions of Section 8163 -5 of the Moor-par . Municipal Code and Section 65905 of the Government Code (beginning at Section 658`,)), did, on the 5th day of October 1987, conduct a public hearing as prescribed by aw it (1-der to consider said application for Planned Development Permit No. 1066; o WHEREAS, following the public hearing the Planning Commission adopted its Resolution No. PC -87 -157 denying Pla ned Development Permit No. 1066. Said resolution was adopted at the Planning pc -ni,, ion' s regular meeting of October 19, 1987; and WHEREAS, following adoption cf the above Planning Commission resolution, the applicant filed an appeal with the 'ity and on November 2, 1987 a public hearing on the appeal was held by the Ci Council with the action of the Council being to refer the matter back to tho 1 -1r nc [:ommission for consideration of revised plans; and WHEREAS, on December 2, + {7 and January 4, 1988, the Planning Commission reviewed the revised project Ga 1 rcommended, by minute action, approval to the City Council; and WHEREAS, on January 20, 198 Fe C�ty Council concluded its public hearing, considered the subject appli(.at n has received testimony regarding said project, has duly considered said prep(- ! rrrle,t, and has reached its decision; and WHEREAS, the City Council at -'r careful review and consideration, has determined that the proposed project w 1 not heave a significant effect on the environment, has reviewed and considered °he information contained in the Mitigated Negative Declaration, and has approves '+ , Mitigated Negative Declaration as having been completed in compliance with CEQA ,in, t � 0 CAa °e Guidelines issued thereunder; PD1066:2:3:88 NOW, THEREFORE, THE CITY COUN('L )F THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE: SECTION 1. That the findings contained in the staff report dated October 5, 1987, are hereby adopted, an -.aid eport is incorporated herein by reference as though fully set, forth. SECTION 2. The City Coun,il nerehy conditionally approves Planned Development Permit No. 1066 subject to coripliance with all the conditions attached hereto, and does hereby find, determine ind re,.,>lve that violation of any such conditions shall be grounds for revocation o said i,lanned development permit. SECTION 3. That. this resolut.i Jall ake effect immediately.. SECTION 4. That the City r': .hzi l certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 3rd da. o* Febriary 1988. ATTGCT - Mayor e City of Mark, California (SEAL) PD1066:2:3:88 M0-0R1"".A/NLK'1/%L JOHN GALLOWAY Mayor LOISE BROWN /pP n9 ,ivtayor Pro Tern f �� CLINT HARPER, Ph.D Councilmember 01- "'i� (� JOHN PATRICK LANE 14 Councilmember \e MAUREEN W. WALL F , City Clerk THOMAS P. GENOVESE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. ' Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, Maureen W. Wall, City Clerk of tie City of Moorpark, California, do hereby certify under penalty of perj -y that the foregoing Resolution No. 88 -444 was adopted by the City oun --il f the City of Moorpark at a meeting held on the ___3rd day c.,f Febr °ua y_ _ , 1988, and that the same was adopted by the following golf AYES: Councilmembers Brown, Ha!;:�er. Lane and Mayor Galloway. NOES: None, ABSENT: None. ABSTAIN: None. WITNESS my hand and the official seal )f aid :ity this 4th February 1 1988_ Maureen W City Cler (seal) day of 805 529 -6864 799 Moorpark Avenue Moorpark., California 93021 ( � „.rr «Uyl.i., ,'i,t_ , u,.; I.- CASE NO.: Planned Development Permit No 1.066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 COMMUNITY DEVELOPMENT DEPARTMENT CONDITION 1. GENERAL REQUIREMENTS: a. The permit is granted for the Ian, and project as shown on the plot plans and elevations labeled Exhibi "F)” and "E" except or unless indicated otherwise herein. b. The development is subject to all 3pp'iicable regulations of the M -1 zone 9. and all agencies of the State, 1�-t�ira County, the City of Moorpark and any more other governmental entities. two signs on the building or w c. Unless the use is inaugurated not lator than two years after the date this approved by the director of r'�m permit is granted, this permit hall automatically expire on that dace. signs The Director of Community Dovel pment may, at his discretion, grant one additional one -year extension `c a <,e inauguration if there have been no changes in the adjacent area <,, and if permittee has diligently worked or of toward inauguration of use durinc the initial two -year period. d. All facilities and uses other han those specifically requested in the the application are prohibited unl s a modification application has been address(es) of approved by the Director of Comma i t y Povr 1 opment. e. The design, maintenance and operss ion of the permit area and facilities any thereon shall comply with all +pplicable requirements and enactments of �inl o comply with all conditions of Federal, State and County and (: ty authorities, and all such requirements and enactments shall, by refe -en, , tecorrw :--onditions of this permit. f. If any of the conditions or limi ticn <. o' this permit are held to be invalid, that holding shall io`. nvaO da,e any of the remaining conditions or limitations set; forth. g. Signs are subject to the Moorpar� Zoning Ordinance, Chapter 50 of Title 9. A sign permit is required for- cr', on-sitc� signs. Where there are more than two signs on the building or w thin the complex a sign program shall be approved by the director of r'�m uri�y F(�velopment. No off -site signs are permitted. h. No later than ten (10) days afte any change of property ownership or of lessee(s) or operator(s) of the ub,Pct. .ise, there shall be filed with the Director of Community Development. name(s) and address(es) of the new owner(s), lessee(s) or operator ,), together with a letter from any such person(s), acknowledging and a,ar �inl o comply with all conditions of this permit. CASE NO_: Planned Development Permit No 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 COMMUNITY DEVELOPMENT DEPARTMENT CONDITION` 1. GENERAL REQUIREMENTS (CONT.) i. If in the future, any use or uses are contemplated on the site differing from that specified in this pernit, either the permittee, owner or each prospective tenant shall file a ,roject description prior to the execution of the new lease agreement or th initiation of the use. A review by the Director of Community Developmert will he conducted to determine if the proposed use is compatible wi�h the ( -P -D zone and the terms and conditions of this permit. Said review wil be conducted at no charge and an approval letter sent, unless a minor or rnajcrr modification is required, in which case all applicable fees and pro( Jur --s shall apply. j. The permittee agrees as a condit.},n <> )f issuance (or removal) and use of this permit to defend, at hi, Io e expen <,e, any action brought against the City because of issuance (or renewal) of this permit or, in the alternative, in relinquish this 1ermit Permittee will reimburse the City for any court costs and /or attorney', fees which the City may be required by a court to pay as a result any such action. The City may, at its sole discretion, participate irr he defense of any such action, but such participation shall not reliF,vc a{,rmit.ts ^e of his obligations under this condition. k. The permittee's acceptance of thi; permit and /or commencement of construction and /or operations mcler this permit shall be deemed to be acceptance by permittee of al" - d'tions of this permit. All utilities shall be placed unc;-rground to the nearest off -site facility except through transmit on util ties. m. No conditions of this entitlemen° shall bo interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmeital ageticy. In instances where more than one set of rules apply, the stri—er ones shall take precedence. n. That prior to construction, a z ninq. clearance shall be obtained from the Department of Community Development cnd i building permit shall be obtained from the Building and Safety `)i r i ,,r CASE NO.: Planned Development Permit. No 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 COMMUNITY DEVELOPMENT DEPARTMENT CONDIIION 2. PRIOR TO ISSUANCE OF A ZONING CLEARAN E, fHF 101_LOWING CONDITIONS SHALL BE SATISFIED: a. A landscaping and planting plan (! sets), together with specifications and maintenance program prepares: by a St.ate Licensed Landscape Architect, generally in accordance with County Guidelines for Landscape Plan Check or such other guidelines shall be s,Jbmitted to and approved by the Director of Community Development. The and-,cape plan shall be in substantial conformance to the conceptual landscape p'an. The applicant shall bear the total cost of such review anc, of Finzl installation inspection. The landscaping and planting plan -ill he accompanied by a fee specified by the City of Moorpark.. - Landscaping along streets iid at intersections shall not impair sight distance. Low -lying shrubh - -pry should be planned around intersections so that a seated driver does nit. have to partially enter the intersection in order to ga 1;1ea view of oncoming traffic. Landscaping shall be desid;r,ed a> not to obstruct the view of any building or office entranic exit, w ndows, walkways or vehicles parked in the parking lot. All landscaping and planting within paved areas shall be contained within raised planters surrunded by six- (6)inch concrete curbs. - The final landscape plans shall provide for a 50% shade coverage within all parking areas. >hade ccvc,rage is described as the maximum mid -day shaded area &f:, d lal selected specimen tree at 50% maturity. - That turf plantings assoc ated w '.hi this project shall be drought tolerant, low -water using v ie:y - Additional trees, or larg�r .1ze> of proposed trees shown in the conceptual landscape plan shall be added to the mix of trees to approximate the replacemcn value} )t $5,462.37 worth of trees being removed. b. Roof Design and construction sla l i1clu(je a minimum 18" (inch) extension of the parapet wall above the F,iihest point of the roof. C. Pullover parking shall be lim'c, to ?n )nches maximum. CASE NO.: Planned Development Permit No. 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOILOWING CONDITIONS SHALL BE SATISFIED: d. The applicant shall execute a covenitnt: running with the land on behalf of itself and its successors, heirs a d assigns agreeing to participate in the formation of and be subject to ant assessment district or other financing technique including but not limit -d to the payment of traffic mitigation fees, which the City may implement (r adopt, to fund public street and traffic improvements directly or, ndrectly affected by the development. Traffic mitigation fees shall be u, >ed for projects in this Los Angeles Avenue Area of Contribution, sjc.h is `pit not limited to, the extension of New Los Angeies Avenue. e. Trash disposal areas shall be prov ded in locations which will not interfere with circulation parking )r access to building, and shall be screened with a six (6) foot high solid wall enclosure with metal or wooden gates. Final design of said encl �surF� ;hall be subject to the approval of the Director of Community Developrr nt f. All property line walls and f en( J a'1 re no further than one inch from any property line. g. The building(s) shall be constructed employing energy- saving devices. These shall include those requir, 1 b,/ the California Administrative Code, Title 24. h. For all exterior lighting, a ighting 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 prior to the issuance of a Zone Clearanc, The lighting plan shall achieve the following objectives: Avoid int(— ference with reasonable use of adjoining properties; minimize on -site and )ff -site glare; provide adequate on -site lighting; limit electroliers" I„ -sight t+ avoid excessive illumination; provide structures which are 7ipatihlc' with the total design of the proposed facility. These plans shall include the fol w`rq - A photometric plan showing i point by point foot candle layout to extend a minimum of twent.,,. (20) Meet outside the property lines. Layout plan to be based on l eri (1.0'' foot grid center-. - Maximum overall height of xtures shall be not more than fourteen (14) feet in or adjacent Li e,ident'al areas and riot more than twenty (20) feet in non - residential r� Fixtures must possess sharC it (fl (iialities at property lines. CASE NO.: Planned Development Permit No. 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 2988 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 2. PRIOR TO ISSUANCE OF A ZONING CLEARANCI 'HE FOLLOWING CONDITIONS SHALL BE SATISFIED: - There shall be no more than i seven to one (7:1) ratio of level of illumination shown. (Maxi, im t(, "inimum ratio between Lighting Standards). - Energy efficient lighting fi,tures which are compatible with adjacent commercial lighting to the no-.h anci cast - Minimum of one-foot candle il iminat i. A utility room with common access to houso all meters and the roof access ladder shall be provided. No exte for ladder shall be permitted. j. All exterior building materials �, id paint colors shall be approved by the Director of Community Developmer+ prior to the issuance of a Zoning Clearance for the purpose c �te­minimc compatibility with adjacent development. k. Developer shall pay all energy co is associated with street lighting for a period of one year from the initia enorgiring of the street lights. 1. A minimum 25 ft. parking aisle wic h stall be provided to all spaces. 3. PRIOR TO ISSUANCE OF A BUILDING PERMI-4 1H= fOLLOWING CONDITIONS SHALL BE SATISFIED: a. An "Unconditional Will Serve Lette• " for water and sewer service will be obtained from Ventura County Waterworks District No. 1. b. The developer shall pay all scho a;ses,ment fees levied by the Moorpark Unified School District. 4. PRIOR TO OCCUPANCY THE FOLLOWING CONDI IONS�SHAL1_ BE SATISFIED: a. All parking areas shall be s.url�ced wit,i asphalt or concrete and shall include adequate provisions for irainage. striping and appropriate wheel blocks, curbs or posts in parking rc>as ad,- ar_ent to landscape areas. b. All landscaping and planting sia b+ in lied and inspected. CASE NO_: Planned Development Perm No, 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 4. PRIOR TO OCCUPANCY THE FOLLOWING CONPI IONS SHALL. BE SATISFIED: C. No use for which this permit s Iranted shall be commenced until a Certificate of Occupancy has t) on issued by the Building and Safety Division. In addition, no Cert.if :atc, of Occupancy may be issued until all on -site improvements specified i this permit and has posted a Faithful Performance Bond or other form )f financial security to guarantee the agreement; said on- -site improveme Vts ;hall be completed within 120 days of issuance of the Certificate of '::cupancy In case of failure to comply with any term or provision of nis agreement, the City Council may be resolution declare the surety fo�Feit.ed. Upon completion of the required improvements to the satisfact o f the firector of Community Development, the surety may be exonerated act:ior )f the Director of Community Development. 5.- AFTER. ISSUANCE OF A CERTIFICATE OF C}C'1PANCY 1HE FOLLOWING CONDITIONS SHALL BE APPLICABLE: a. Continued landscape maintenance stall be subject to periodic inspection by the City. The permittee shall b� required to remedy any defects in ground maintenance as indicated by the C ty within two weeks after notification. b. Dead or dying material shall be replaced in accordance with the approved landscape plan. In addition, it hall be the responsibility to the property owner to maintain tree 10,11 s adjacent to this property in a safe condition and free from trash., we ds„ or 11ther debris and public nuisances. c. All required yards, fences, park ng areas, storage areas, operations yards and other uses on the site hall be improved as required by these regulations and shall at al' be i,iaintained in a neat and orderly manner. d. No outside storage of parts, mat(, ials, or merchandise shall be permitted. e. All work shall be conducted indm s f. Hours of operation shall be 1im1t >d to 7:00 A.M. to 7:00 P.M. g. Any violations of the above ()mmunity Development Conditions shall be immediate cause for revocatio,i c the Planned Development Permit., CASE NO.: Planned Development Permit No. 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 CITY ENGINEER'S CONDITIONS 1. PRIOR TO ISSUANCE OF A ZONING CLEARAN( , HE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. The developer shall submit to the Jty of Moorpark for review and approval, a grading plan preuar(.; b)y a Registered Civil Engineer; shall obtain a Grading permit; and shall pos, sufficient. surety guaranteeing completion. b. The developer shall submit to the City of Moorpark for review and approval, a detailed Soils Report certif,ed by a registered professional Civil Engineer in the State of Califo -d a. The grading plan shall incorporate the recommendations of the approv, i >c;'s Zeport. c. The developer shall submit to the City of Moorpark for review and approval, street improvement. plans prepare -- by a Registered Civil Engineer; shall enter into an agreement with 'she City of Moorpark to complete the improvements; and shall ;)os° sjfficignt surety guaranteeing the construction of the improvements The improvements shall include concrete curb and gutter, sidewalk, stree' lights, striping and signing and paving in accordance with the Ventura f intI, Road Standards. The applicable Road Standard Plates are as follow, - Park Lane shall be cor tructed per Plate B -3C along the entire frontage of the proper y. Street improvements shall consist of 112 the street width "lus an additional 12' of paving on the easterly side of the (e ter ire - Driveways shall be co structed per Plate E -2. The northerly driveway shall be 10' wide and signed for entrance only. The southerly driveway hil be 14" pride and signed for exit only. - A meandering sidewalk s all be provided on Park Lane Avenue. The precise design ana location shall be approved by the City Engineer and Director c Community Development. d. The developer shall offer to de.J ca,.e tc the City of Moorpark for public use, all the public street righ' of -way along Park Lane shown on the site plan. e. The developer shall demonstrate t r each building pad to the satisfaction of the City of Moorpark as fo'l,y. 1. Adequate protection f -t 101-year frequency storm; and 2. Feasible access durinq 10- ,year frequency storm. f. The developer shall deposit with he --ity of Moorpark a contribution for the Los Angeles Avenue Improvemor Area of Contribution. The actual deposit shall be the r-er zurrent Los Angeles Avenue Improvement Area of Contribution applicable tat, at the time the Building Permit is issued. CASE NO.: Planned Development Perms No. 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 CITY ENGINEER'S DEPARTMENT__CONDITIONS PRIOR TO ISSUANCE OF A ZONING CLEARANC',: THE FOLIOWING CONDITIONS SHALL BE SATISFIED: g. That prior to zone clearance, the �>veloper shall pay all energy costs associated with street lighting f i period of one year from the initial energizing of the street lights. h. If grading is to take place during °:hf, rainy season, an erosion control plan shall be submitted for rev °ow ind approval along with the grading plan. Along with the erosion con °rol measures, hydroseeding of all graded slopes shall be required withir (,0 iav, J :ompletion of grading. I. Prior to zone clearance, the devel per shall have prepared a geotechnical investigation with regard to liq.Aifi:ation, expansive soils, and seismic safety. Per the City's safety tXl -amen r , this report shall be prepared by a Registered Professional Civil fntii :ec :�r or '.1leologist. j. No grease or oil discharge to (ire Streets or City storm drain system will be permitted. k. The Moorpark Central Drainage Study requires an approximately 33 inch reinforced concrete pipe be placed under Park Lane along the subject property frontage. As a part of the Hydraulic Report and Plans, prior to zone clearance the developer shal provide the design for this RCP from Los Angeles Avenue to the Arroyo Sim' the developer shall be responsible for installing the portion of this r- inforced concrete pipe along the subject property frontage, plus five feci. past both property lines. Provisions shall be made for connections to this RCP when future development occurs. If no interferences exist, this Rf! Mould be placed on the eastern side of Park Lane in the section of r,adway which is not being constructed as a part of this project. When the , :roperty on the eastern side of Park Lane opposite the subject property '!evelops, the developer of the subject property shall be reimbursed fc, one-half the cost. of the storm drain installation per the City Reirbur ��ment. Policy. 1. The developer shall submit as a p,irt of his drainage plans, provisions to ensure adequate drainage alorg F' -rk lane from the southerly property line to the Arroyo Simi. m. No trees with a trunk diameter gr.;,ater, than 4 inches shall be removed or disturbed without prior City foljr i' ipprcval. n. A drain of sufficient capacity t( intercept all flow for, a 10 year storm shall be provided near both driveway entrance /exits. The drain will be provided with a connection to bot'y the street and the new reinforced concrete pipe in Park Lane H +t the present time, the flows will be directed to the street. When tlsw, RCP within Park Lane is completed to the Arroyo, the connection to the ,t P(-t wit he plugged and all flows will be directed to the RCP in Park Ling CASE NO.: Planned Development Permit No 1.066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 CITY ENGINEER'S CONDITIONS 1. PRIOR TO ISSUANCE OF A ZONING CLEARAN( , -'HF FOLLOWING CONDITIONS SHALL BE SATISFIED: o. The developer shall indicate i writing to the City of Moorpark, the disposition of any water well(s) and any other water that may exist within the site. If any wells are p,oposed to be abandoned, or if they are abandoned and have not been pro;terly s(,iled, they must be destroyed per Ventura County Ordinance No. 1 ;' p. The developer shall submit to tn« Cit.y of Moorpark for review and approval, drainage plans, hydrologic, an,' hydraulic calculations prepared by. a_ Registered Civil Engineer; shall enter into any agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate th� folFowinq conditions before and after development: Quantities of water, water flow ates, major water courses, drainage areas and patterns, diversions, collect -on systems, flood hazard areas, sumps and drainage courses. Hydrology ,ha ? be De,,. current Ventura County Standards except as follows: 1. All sumps shall carry a 50--y•ar frequency storm; 2. All catch basins on contini;r,s grade shall carry a 10 -year storm; 3. All catch basins in a sump (ondition shall be sized such that depth of water at intake shall equ,il depth of approach flows: 4. All culverts shall carry a 0 year requency storm; 5. Drainage facilities shall bt provided such that surface flows are intercepted and contained r�cr t entering collector or secondary roadways; 6. Under a 10 year frequency st11rm, all collector streets shall be provided with a minimum of on( travel lane with a goal that local, residential streets sha'1 hale n travel lane available where possible. 2. DURING CONSTRUCTION THE FOLLOWING COND�IIONS SHALL APPLY: a. Where roads are to be built requ ring 4- inches of pavement, developer shall construct 3- inches of p,,vincl as an interim condition until all utility cuts or trenching i r:c,mpleted. The final l -inch cap of asphalt shall be placed after all necess. y tren(,d ng is completed. b. Prior to any work being condor =:.d within the State or City right -of -way, the developer shall obtain a rc,oachment Permit from the appropriate Agency CASE NO.: Planned Development Permit No. 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 VENTURA COUNTY SHERIFF'S DEPARTMENT CONDIT ONS 1. PRIOR TO ISSUANCE OF A ZONING CLEARAW , THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. Lighting devices shall be high e ough as to eliminate anyone on the ground from tampering with them. All parking areas shall be provided with a minimum of one foot candle )f igh -ring Fixtures shall be weather and breakage resistant. b. Landscaping shall not cover any E terior• door or window. c. Landscaping at entrances /exits a, any intersection within the parking lot shall not block or screen nr vjew of a seated driver from another moving vehicle or pedestrian. d. Landscaping (trees) shall no', lighting which could cause a o, e. Front door entrances shall be v f. Monument signs shall not block t site from another vehicle or )el« g. There shall not be any ear ;,y ladders, trees, high walls, etc be placed directly under any overhead of light at ground level. ble from the street. view :f a seated driver when exiting the t iar. xte -inr access to the roof area, i.e., h. All exterior doors shall be cons ructed of solid wood core minimum of 1 and 3/4- inches thick or of metal con truction. Front glass doors commonly used for entry are acceptable but shoy'd to vii ;ible to the street. i. Doors utilizing a cylinder o,4 shall have a minimum five (5) pintumbler operation with the locking bar c holt extending into the receiving guide a minimum of 1 -inch deadbolt. j. If an alarm system is used, it ; hould be wired to all exterior doors and windows and to any roof vents 7 *:her roof openings where access may be made. 2. DURING CONSTRUCTION THE FOLLOWING COhI111 ONS ';HALL APPLY- a. A licensed security guard is rec,mmended during the construction phase, or a 6 -foot high chain link fr�ni E shai' e erected around the construction site. b. Construction equipment, tool, e1.c hall be properly secured during non - working hours. IC!- CASE NO.: Planned Development PeTmO t No 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 VENTURA COUNTY SHERIFF'S DEPARTMENT CONDIT,ONS 3. PRIOR TO OCCUPANCY, THE FOLLOWING CONI11T[()NS SHALL BE SATISFIED. a. Address shall be clearly visit) t; approaching emergency vehicles and mounted against a contrasting (cl b. Address numbers shall be a miri,im )f E inches in height and illuminated during the hours of darkness. c. Each single unit in a tract or co�mer�-ial development, constructed under the same general plan, shall ave locks using combinations which are interchange free from lock, sed in all other separate dwellings, proprietorships, or i i'n l'ir distinct, occupancies. CASE NO.: Planned Development Permit No. 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 VENTURA COUNTY FIRE DEPARTMENT CON011 IONS 1. PRIOR TO THE ISSUANCE OF A ZONING (A-FA4ANCE., THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. The applicant shall submit plans the Ventura County Bureau of Fire Prevention for approval of the cation )f' fire hydrants. Show existing hydrants on plan within 300 feet '.fe development. b. That access roads shall be insta 'ed with an all weather surface, suitable for access by fire department apnl �a ±Ls, c. That if any building(s) are t.o be protected by an automatic sprinkler system, plans shall be submittel, with payment for plan check, to-the Ventura County Bureau of Fire 'Ire, ­nt i on f )r review. d. That any structure greater than ,000 square feet in area and /or 5 miles from a fire station shall be p )vided with an automatic fire sprinkler system in accordance with Ventura :our t,,, Ordinance #14. e. An aisle width of 20 fee minimum nal be c)rovided, allowing for one —way traffic with parking on at least: o , do f. That a plan shall be submitted to �he Ventura County Bureau of Fire Prevention for review indicating ne method in which buildings are to be identified by address number,. g. That the access roadway shall be <tended to within 150 feet of all portion of the exterior walls, )' th(• first story of any building. Where the access roadway cannot be p vided, approved fire protection system or systems shall be installed <ts ­egairec and acceptable to the Bureau of Fire Prevention. h. Any gates, to control vehicle acca�3s, are to be located to allow a vehicle waiting for entrance to be complesely off the public roadway. If applicable, it is recommended that the gates) swing in both directions. The method of gate control s)ai b,> subject to review by the Bureau of Fire Prevention. CASE NO.: Planned Development Perm t No. 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 VENTURA COUNTY FIRE DEPARTMENT CONDITIONS 2. PRIOR TO ISSUANCE OF A BUILDING PERM`' THE FOLLOWING CONDITIONS SHALL. BE SATISFIED: a. The minimum fire flow required ,F�i1 be determined by the type of building construction, proximity to other tru(tures, fire walls and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Fire Flow. Given the present pl, s and information, the required fire low is approximately 1500 gallons po) minut,. The applicant shall verify that the water purveyor :an provide t °r rF,qui reel quantity at the project. 3. PRIOR TO CONSTRUCTION THE FOLLOWINI :1�D "LIONS SHALL APPLY a. Fire hydrants shall be installed d in se -vice prior to combustible construction and shall con for' rr he ninimum standards of the County Waterworks Manual. - Each hydrant shall be a 6- cii wet. barrel design and shall have cne 4 -inch and two 2 -1/2 -inch ru e'(�;) - The required fire flow 1 )e .i.hieved at no less than 20 psi residual pressure. - Fire hydrants shall be spac, i 300 feet on center, and so located that no structure will be farther than 150 feet from any hydrant. - Fire hydrants shall be reefs „d n f -om curb face 24 inches at center. b. That all grass or brush exposin( ny structures shall be cleared for a distance of 100 feet prior to tr ire„ a( -ording to the Ventura County Weed Abatement Ordinance. 4. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS )-HALL BE-SATISFIED: a. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrast °ig :oio- to the background, and shall be readily visible at. night.. b. Fire extinguishers shall be installed n accordance with National Fire Protection Association, Pamphlet, 010. Th,� placement of extinguishers shall be reviewed by the Fire Departmotl' Pureclu c. Permits shall be obtained for <t °a(j(-, h,{.ldling and dispensing flammable or combustrible liquids. d. That plans shall be submitted for any hazardous operation for approval by the Ventura County Bureau of =i­ Prevent;on. 3. APPROVH --1 ANLI AULW I CLI I I Ili, V I lUitl IVY!.. 1 y --11 CASE NO.: Planned Development Permit No. 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3, 1988 VENTURA COUNTY ENVIRONMENTAL HEALTH DEPAR[M�N CONDITIONS 1. DURING CONSTRUCTION THE FOLLOWING ;ONI J CNS SHALL BE SATISFIED. a. If any hazardous yaste is Fnc:.c .nt,ered luring the construction of this project all work shall be imm, ii -it e ly stopped and the Ventura County Environmental Health Departrien� the =ire Department, the Sheriff's Department and the City Inspect r ,hal be notified immediately. Work shall not proceed until cleararvc,, a hen issued by all of these agencies. i4 APPROVED AND ADUP I tU r r I,'t�11.1 J 1 1 JfI i�0 r elal ,icily J, CASE NO.: Planned Development Ptrnttt No 1066 APPLICANT: Leonard Liston CC MEETING DATE: February 3„ 1988 ADDITIONAL CITY COUNCIL CONDITIONS 1 -2(1 8 PRIOR TO ISSUANCE OF A ZONING ClF_ARANCI H FO (:)WING CONDITIONS SHALL BE SATISFIED. 1. A masonly wall six (6) ft. high sfa w )rovided on the south property line rather than a wood fence as showr r -itF plan. The wall shall be stepped down to three !3) ft high wi!- 1 t. twenty (20) ft. of the front property line. 2. The composition asphalt roof shingi� r•op)s(,d shall be the same as what is ultimately approved for the adjoirli wt) motive center to the west (PD- 1065). 3. Landscaped planters in the front t,ck 4 al' increased i..n length resulting in reduced total length of street f -i),0 iqF of driveways. The final configuration of the planters and driveways sh�:i e ubje(t to the approval of the Director of Community Development and the 'i F, r; i r -,e, AGREEMENT This Agreement is made and entered into this 18th day of April, 1990, by and between the City of Moorpark, a general law municipality, ( "City ") and Mr. Leonard Liston. R E� I T A 3 A. Developer is the developer o" Planned Development Permit PD -1066. On February 3, 1988, the Moorpark City Council approved Resolution No. 88 -444, adopting the f's_ndings contained in the staff report. $. On March 7, 1990 the applicant, Mr. Leonard Liston, appeared before the City Council requesting consideration of a request to grant an extension to his PD -1066 entitlement. The matter was set for March 21, 1990, for Council discussion. At this meeting the Council agreed to allow a one year extension subject tc adding new conditions of development approval and having the a;Dplicant agree to these changes in writing. C. The property owner of PD -1066 is the Developer. TERM: In the consideration of the mut.u:ii convenants and premises contained herein, City and Developer- igree as follows: 1. City agrees: A. To extend use inauguration of PD -1066 to February 3, 1991, with the terms and conditions of the Amended Resolution No. 90- and Conditions of Approvals described in ?xhibi -. 1. City further agrees that as parr. of the .Application Developer is not required to submit new or additional information and /or exhibits for the following items so long as Develcper provides a written statement that there have been no changes to aria of the items since their submittal as part of PD -1066: n 1. Tree Report. 2. Biological Report. 3. Archaeological Report. 4. Noise Study. 5. Preliminary Soils Report. 6. Conceptual Grading and Drainage Plan. 7. Preliminary Title Report and Public Easement Certification. 8. Soils Report for Septic System. 9. Well Water Quality and Availability Report. 10. Air Emission Data. 11. Materials and Colors Board (so long as the Developer states that the same materials and colors of the previously approved building are proposed to be used). 12. Public Improvement Plans. 13. Architectural and Structural Plans and Supporting Documents. 2. Developer agrees: A. Developer agrees to comply with the Amendment Resolution No. 90- (attached herewith) and Amended conditions of Approval described as Exhibit 1, attached Herewith, and itemized below: 1. PRIOR TO ISSUANCE OF A GRADING OR ENCROACHMENT PERMIT: a. Obtain Park Lane right -of -way dedicated to the City, before issuance of Grading Permit or Encroachment Permit. b. Obtain new Grading Permit (old permit expired 12/23/89) and pay all current fees. C. Obtain Encroachment Permit... d. That applicant shall pay for all past due and outstanding staff time spent regarding PD -1066 and applicant shall pay for all current staff processing of an extension request included but not limited to a condition of amendment. All fees t-) be paid prior to issuance of a grading permit. 2. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: a.. That the City Manager shall retain the right and possess the authority to cause the applicant to complete all public street; storm drain; utility and undergrounding (to Los Angeles Avenue) improvements at any time during construction to the satisfaction of the City Manager. All such improvements noted above shall be completed to the City Managers satisfaction no later than at the time when occupancy compliance is requested. b. That all rough utility undergrounding shall to the issuance of a building permit. This ment of conduit and pullrope, undergrounding locations including undergrounding to 256 W. (Circle K Market) from the existing utility corner of Park Lane and Lose Angeles Avenue. be accomplished prior shall include the place - to all required off -site Los Angeles Avenue pole at the southwest The one year extension shall expire on February 3, 1991. 3. Attorney's Fees: The parties agree that in any litigation arising from this Agreement, each party shall be responsible for its own costs, including attorneys fees, and not liable for the other party's. Notwithstanding the foregoing, if some person or entity other than Developer initiates litigation regarding this Agreement, through a complaint, cross - complaint or otherwise, then the City, at its sole discretion, may tender its defense of said third party litigation to Developer. If City elects to tender said defense, Developer shall bear all costs, including attorneys fees, in 3efending City shall pay any settlement or judgement against City without any right to reimbursement from City. If City elects not to tender said defense, Developer shall reimburse City for all costs, including attorneys fees, incurred by City in defending said third party litigation and any payment to be made by City to settle, or satisfy judgement in, the litigation, within fifteen (15) days after delivery by City to Developer of an invoice or comparable documentation that the costs have been incurred or the payment is due. 4. Indemnification: The Developer shall indemnify, defend and hold harmless, City and its officers, employees, servants and agents from any and all claims, actions, suits, proceedings, losses, liabilities, costs, expenses and obligations for damage whatsoever, including injury or death to any person related to, or arising from, any act or omission of Developer or any of its officers, employees, servants, agents or contractors in the performance of any obligation pursuant tp this Agreement, except such damage that :i.s caused be the sole negligence of City or its officers, employees, se:vants c)r agents. 5. Miscellaneous Provisions: A. Any notice to be given pursuant to this in writing, and all such notices and any other docum shall be delivered by personal service or be deposit States mail, certified or registered, return receipt postage prepaid, and addressed to t}i.e party for whom follows: Agreement shall be ant to be delivered in the United requested, with intended as TO: Ci ..y of Moorpark 799 Moorpark Avenue Moorpark, California 9301 At'-n° City Manager TO: L. Liston & Associates, Inc. 31338 Via Colinas, Unit E Westlake Village, California 91362 At'n, Leonard Liston Either party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or upon deposit in the United States mail. B. This Agreement constitutes the entire agreement. of the parties concerning the subject matter written are hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both parties hereto. C. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties,jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. D. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the p=arty making the wavier. E. The City's failure to perform its obligations under this Agreement shall not constitute a default under this Agreement if the nonperformance is the result of a court order. The Developer's obligations under this Agreement shall. be abated during the period of such court order. F. The position taken by C-ty in any litigation brought by or against City shall not constitute a default under this Agreement, irrespective of the fact that City' pcsit:Lon may be adverse to Developer's rights under the Agreement. G. This Agreement is made - ?ntered into, and executed in Ventura County, California, and any F�ourL action arising from this Agreement shall be filed in the app '.icable court in Ventura County, California. H. The captions and headings of the various sections and subsections of this Agreement are fc.r convenience and ideatification Only and Shall no- 'Je deemed t0 i.7._ or define the :.ori -en`. of the respective sections and subsections ' iereof I. This Agreement shall be binding upon the parties and their heirs, executors, representatives„ predecessors, successors, assigns, agents, officers, and employees. J. This Agreement shall remain in effect until all the terms have been fully satisfied. K. This Agteement shall bec,me effective upon the effective date of the adoption of the extensio.E w:�.th the Amended Resolution and Conditions of Approval, April 18, 19+) IN WITNESS WHEREOF, t.r parti s hereto have caused this Agreement to be executed by their dt,]y -�it.horized officers the day and year first above written. CITY OF MOORPARK L. L'STON & ASSOCIATES, INC. Mayor - ATTEST: Leonard Liston, Owner City Clerk (SEAL) STATE OF CALIFORNIA :1F! 14Ai SE rte- r AN EAF aW. SL4.y IER Notary PL"lo�tromjLAS AN61UM COUNTY w co=L 0u JUL t, !661 COUNTY OF LOS ANGELES � ss. On Q /1c Q �!f G and for sai State before me, the undersigned, A Notary Public in personally appeared 1 — ,, 4 L� / ' .�� personally known to be or (proved to me on the basis of satisfactory the pers n whose name is subscribed to the within sastr unent and acknowledged thate, exectued it. WITNES my hand and offici 1 seal, Nary Public OFFICIAi, sEAI, Y AARBAki SUMNER otaly LOS cou ffl s N71f 1b Cor M eaa .to.-L1, IWI 'has arena for official notarial seal