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HomeMy WebLinkAboutAGENDA REPORT 1999 0317 CC REG ITEM 10GAGENDA REPORT City of Moorpark To: The Honorable City Council rr]EA, 106Gre Ci f1' (IF CAi.IFORI`TIA C1ty ( alancl! tiiecting of 3 -1 i -CM ACTION: AR91 UL.i L) i4f (1I.021111�_I Gtlu r rPr��i 6 rit.l^'rL( D itIoi1 '0f ID,�rT va BY: # From: Nelson Miller, Director of Community Development Prepared by Craig Malin, Assistant Planner and Wayne Loftus, Planning Manager Date: March 5, 1999 (CC meeting March 17, 1999) Subject: Consider Minor Modification No. 2 to Commercial Planned Development Permit No. 97 -1 Requesting Approval of a Waterfall Feature at the Proposed Gas Station /Mini- Mart /Car Wash at the Southwest Corner of Liberty Bell Road and Los Angeles Avenue (Applicant: Channel Development /Gharabaghi) Summary This proposed Minor Modification is a request for approval of a waterfall feature which has been constructed on Los Angeles Avenue in front of a gas station /mini- mart /car wash which is under construction as Commercial Planned Development No. 97 - --. Background Commercial Planned Development Permit No. 97 -1 was approved on June 19, 1996, for the construction of a 4,050 sq.ft. combination gas station, mini mart, car wash and oil change facility at to southwest corner of Liberty Bell Road and Los Angeles Avenue. Construction of the facility has commenced. The proposed tenant is Mobil Oil. On January 14, 1999, it was observed that a decorative rock waterfall was under construction at the gas station /mini -mart also under construction at 550 W. Los Angeles Avenue, at the southwest corner of Liberty Bell Road and Los Angeles Avenue. The approved site plan and landscaping plan indicates that a waterfall feature was proposed to be constructed under a separate permit. No permit had been requested or issued for this feature when it was observed N::A cMaiin AN.APda7- Io2.sr.CCcCi /I!/5 8:4c� A�. 000101 Commercial Planned Development No. 97 -1 Minor Modification No.2 (Gharabaghi) 3/5/99 Page 2 as nearing completion. The size and location of this landscape feature is not consistent with the information on the approved plans. Construction of the feature was stopped at the request of the City pending review and possible approval. A review of the approved site plan and resolution indicates that the _erms `waterfall' and `fountain' were used interchangeably. For t:ne purposes of this report, the term `waterfall' will be used except where the original conditions of approval used the term `fountain' Summary of Zoninq and General Plan Designations and Land Uses Direction Zoning General Plan Land Use Site CPD C -2 Service station site North CPD C -2 Los Angeles Ave. Mission Bell Plaza South CPD C -2 Undeveloped Commercial East CPD C -2 Liberty Bell Rd. Burger King West CPD C -2 Undeveloped Commercial Definitions of Zoning designations: CPD = Commercial Planned Development. General Plan Designations are: C -2 = General Commercial. Discussion Design of Waterfall: The approved gas station /mini -mart site plan indicated a "future waterfall" within the planter area at the corner of Liberty Bell Road and Los Angeles Avenue. This waterfall (Exhibit 2) was shown as semi - circular in shape. No dimensions were shown on the approved plan, however, the waterfall was depicted as measuring approximately five feet deep and twenty feet wide parallel to Los Angeles Avenue at the back edge of M: \CMalin \M \Pd9-7- 141.sr. oc Commercial Planned Minor Modification 3/5/99 Page 3 Development No. 97 -1 No.2 (Gharabaghi) the planter area , furthest away from Los Angeles Avenue and twenty feet wide parallel to Los Angeles Avenue. No further details of design, colors or materials were included with the Commercial Planned Development permit. Several conditions of approval related to landscaping and the potential waterfall (fountain) were established when the resolution approving CPD 97 -1 was adopted, these conditions are presented later in this report. As presently constructed (Exhibit 1), the waterfall measures approximately 42' in width, 10'6" in depth with a maximum height that ranges from 3' at the eastern end (closest to the corner) to 8' at the western end. The applicant measured these heights from the grade of the adjacent public sidewalk. If measured from the grade of the adjacent on -site planter and hardscape, the maximum heights would be closer to 4' at the eastern end and 9' at the western end. The waterfall is constructed of formed and textured lightweight cement covering a wire screen mesh and is painted dark gray and brown. No lighting has been installed, however, landscaping has been installed around this feature. The equipment to power the waterfall is housed within the structure and is accessible by removing one of the rock faces. The water will flow from bot:q ends of the feature into the pond in the middle, whicl: measures 30 inches in depth, although the actual depth of the water has not been indicated. The design of the waterfall includes planting wells which are proposed for seven Bauhina Forficata trees, 15 gallons in size each. These trees grow to 20' in height with creamy white flowers, green leaves and often with a twisting, leaning trunk and angled branches. Additional landscaping surroun.din.c the waterfall would meet the requirements of the approved landscaping plan (Exhibit 1 and 2). Also proposed are a number of "low volume spotlights ". The number, color and direction has not been indicated. Any lighting for the feature would require approval o_` an additional permit and must meet the conditions of approval in Resolution 97 -1409 including the lighting level. (brightness) and non - visibility of the light sources. M: \CMaIin \M \ ?d97- if{2. sr. "ioc 0061.03 Commercial Planned Minor Modification 3/5/99 Page 4 Development No. 97 -1 No.2 (Gharabaghi) Conditions of Approval: Various conditions of approval in Resolution No. 97 -1409 were intended to regulate development of the gas station /mini -mart and the construction of the waterfall. These conditions are listed below with a discussion regarding the waterfalls compliance with the conditions established in 1997 as Follows: Condition No. 39 regulated landscaping: 39a) "The permittee shall provide for additional enhanced landscaping in the amount of the cost of any trees to be removed. Additional canopy trees shall be provided to shade parking and driveway areas to offset the value of the trees removed from the site. The landscaping plan shall also include massive tree landscaping as approved by the Director of Community Development along both Los Angeles Avenue and Liberty Bell Road and as otherwise determined by the Director of Community Development." Although the waterfall feature does not allow for "massive landscaping" and reduces the amount of landscaping at `.he corner, it could be considered to be a scenic feature to meet the intent of the landscape provisions (Exhibit 3). 39b) "The landscaping along Los Angeles Avenue and Liberty Bell Road shall be bermed as approved by the Director of Community Development." The waterfall feature would preclude berming along a significant portion of Los Angeles Avenue and Liberty Bell Road due to .loss of the planter area (Exhibit 3). 39c) "The landscaping at the intersection shall be redesigned so as to reduce the amount of hardscape and to provide additional landscaping at the corner to the satisfaction of the Director of Community Development. In addition, a garden wall (slumpstone or other material as determined by the Director of Community Development) shall be constructed behind the landscaping in this area. The future fountain area shall be stepped with a garden wall." The proposed waterfall increases the amount of hardscape at the corner, reduces the amount of landscaping which could be installed and visually creates a `wall effect' in excess of a garden wall or landscape berm (frequently used to minimize the view of parking areas and shield the glare of headlights from the street). These considerations need to be balanced against any M: \CMal ir. \N.\ Pd9-/ - 1 #2. . 5:. dor 000104 Commercial Planned Minor Modification 3/5/99 Page 5 Development No. 97 -1 No.2 (Gharabaghi) increased visual effect the waterfall could provide (Exhibit 3) . 39e) "If the design of the fountain or other artwork is not- approved by the City prior to occupancy, the area of the fountain shall be landscaped to the satisfaction of t-he Director of Community Development." The fountain was installed without benefit of permits or City review and the design of the landscaping at the corner will be determined by the outcome of the permit. Should this permit be denied, landscaping will need to be provided approved by the Director of Community Development (Exhibit 3). Zoning Ordinance Requirements The following provisions of the City Code apply to this application: Traffic Safety Sight Area: (Section 17.24.090.E - requires that adequate sight distance be provided at intersections). No structure or landscaping may exceed a height limit of three feet within this area. A field inspection revealed that although a small portion of the waterfall is in the sight distance area, it can be modified to meet the standards by a slight reduction in height at the east end of the feature and elimination of a few inches of width at the west end. Although none of the trees proposed to be installed have their trunks within the Traffic Safety Sight Area, their branches would most likely grow into this zone (Exhibit 4). Sight Triangle: (Section 17.08.010/17.24.090.D - sight triangle required of 40' in each direction). No part of the waterfall is within the required sight triangle at the street corner. Although none of the proposed trees have their trunks within the Sight Triangle, their branches would most likely grow into this zone. In addition, some of the landscaping in front of the feature may exceed three feet in height (Exhibit 4). M: A.yaI Ln\M \ I'd 91 -: U'UGMi Commercial Planned Minor Modification 3/5/99 Page 6 Setbacks: Development No. 97 -1 No.2 (Gharabaghi) (Section 17.24.040 - exempts certain architectural and landscape features from setbacks, including vegetation, construction below grade, outdoor furniture, play equipment or pools with a water depth less than 18 inches) . Because the waterfall exceeds 64 square feet in size, is located on the ground and has the potential to contain more than 30 inches of water, it has been viewed as a structure and should meet the required 30' building setback for those portions above three feet in height. In addition, a minimum of 10' of landscaping adjacent to all streets must be provided. The waterfall currently has a setback ranging from three to eight fee frorn the property line with a majority of the waterfall having a setback of three to four feet (Exhibit 5). Relationship of the Feature to Surrounding Uses Based upon the minimal setbacks to Los Angeles Avenue, the limitation of a maximum landscaping height of three feet in the traffic safety sight area, and overall size, this waterfall appears to be too large in scale for the proposed location. From a visual perspective, a preferable alternative would be construction of the waterfall to a reduced size and height at this location. The concept of a landscaped feature like a waterfall incorporating landscaping can be desirable. However, in this case the size and height, and amount of space used by this feature in relation to the area that it occupies may not be as complimentary to the project as possible and could serve as a distraction to drivers on Los Angeles Avenue. Conclusion A draft Resolution has been prepared with conditions to limit -he overall height of the waterfall and the depth of the water and therefore approve this as a landscape feature. Environmental Determination This project is Categorically Exempt from CEQA requirements as a Class 1 Exemption, for the operation or alteration of private structures. M: \CMa:in \M \Pd9 "i -i# sr. d,,): 0-001.016 Commercial Planned Minor Modification 3/5/99 Page 7 Recommendation Development No. 97 -1 No.2 (Gharabaghi) Adopt Resolution No. 99- approving Minor Modification No. 2 to Commercial Planned Development Permit No. 97 -1 for the construc:tior. of a waterfall feature. Exhibits 1) Proposed site plan and elevations 2) Approved site plan and waterfall location 3) Condition No. 39 of Resolution No. 97 -1409 4) Code Section No. 17.24.020B and 17.24. and illustrations 5) Setback requirements 6) Zoning Map 7) General Plan Map 8) Resolution No. 99- M: \CMa;in \M \P:i9 "i- :rt2.ar.dor O 010, bw NI Vol" 4 YA a is m in oil EXHIBIT 1 U001.08 0 I Z z� wJ � r V1, r •II i cat w , L.L1 0 F-- 0 • o c� I ! r' ♦ fI , y eX o O� ' , 1 l i� i I 6 3AUHiAAFokFlo'TA Q � o l �o cc o pa �o o � � (D© f o Cl 6 _ om a � NO7e : �ca Ad SCu `s' Z;: �' K i n' 7 11-J '4LA V - V ':)3 S ' � . � � tr • •3'.•n +i,K�"!.yt °,.t is f }�r'11PW�ia:.,'. .. s t >.. � `. Ord NA — .t- -- -- -- — — \ Y`1 J f "lam I• is 1 IF .(•" f M • 4 I1 .I i LOC 12 i j 1 I I -- - - L--SITE PLAN EXHIBIT 2 I � j -- --- 1 12 i j 1 I I -- - - L--SITE PLAN EXHIBIT 2 I � City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 15 a. The permittee shall provide for additional enhanced landscaping in the amount of the cost of any trees to be removed. Additional canopy trees shall be provided to shade parking and driveway areas to offset the value of the trees removed from the site. The landscape plan shall also include massive tree landscaping as approved by the Director of Community Development to along both Los Angeles Avende and Liberty Bell Road and as otherwise determined by the Director of Community Development. b. The landscaping along Los Angeles Avenue and Liberty Bell Road shall be bermed as approved by the Director of Community Development. ..................... C. The landscaping at the intersection shall be redesigned so as to reduce the amount of hardscape and to provide additional landscaping at the corner to the satisfaction of the Director of Community Development. In addition, a (slump stone or other material as determined by the Director of Community Development) garden wall shall be constructed behind the landscaping in this area. The future fountain area shall be stepped with a garden wall. cl. A. dense hedge shall be utilized along the west and southerly property lines with the exception for a 6 foot high slumpstone wall which shall be constructed along the west property line from the area of the vacuuming area to the southern most boundary, as determined by the Director of Community Development. e. If the design of the fountain or other artwork is not approved by the City prior to occupancy, the area of the fountain shall be landscaped to the satisfaction of the Director of Community Development. f. ,Planter boxes shall be installed at the ends of the fuel Pump islands, the type and design of which is subject to review and approval of the Director of Community Development. The planters shall be installed with an appropriate irrigation system. Irrigated planter boxes shall also be installed around the building as determined by the Director of Community Development. C: \M \CPD971CU \FINAL.RES 15 EXHIBIT 3 000113 City Council Resolution CPD 97 -1, CUP 97 -2 Page No. 16 g. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. h. All plant species utilized shall be drought tolerant, low water using variety. i. 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. j. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by-six -inch high concrete curbs. k. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. 1. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. M. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. n. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. o. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty (50) percent (or as otherwise determined by the Director of Community Development) of all trees shall be a minimum of 24 inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15 gallon in size. Recommendations regarding planting incorporated in the environmental document shall be incorporated to the degree feasible into the screening plan. C: \M \CPD971CU \FINAL.RES 16 006114 of such antennas shall be in accordance with Section 17.28 - .020A. B. Roof Structures. Roof structures may be erected above the height limits prescribed in this title, provided that no additional floor space is thereby created. (Ord. 189 § 3 (8106 -7), 1994) 17.24.090 Miscellaneous regulations. A. Fences, Walls and Hedges. 1. No fences over three (3) feet high may be placed in a required sight triangle (see subsection D of this sec- tion), in a required setback adjacent to a street, or in ten (10) foot by ten (10) foot right triangle on each side of a driveway on a side property line. A maximum six (6) foot high fence may be located in other areas of a lot. Exceptions: a. A six (6) foot high see- through fence may be located anywhere on a lot of twenty thousand (20,000) square feet or more. b. A six (6) foot high fence may be placed in the street - side setback of a corner lot other than a reverse corner lot. c. A maximum eight (8) foot high fence may be located: i. On a vacant or developed lot zoned O -S, A -E or R -A, or on any vacant or developed lot in a commercial or industrial zone, anywhere except within a required sight triangle or setback adjacent to a street; or ii. On any vacant or developed lot zoned R -E, R -O, R -1, R -2 or R -P -D that abuts or is across the street from a lot in a commercial or industrial zone or a lot zoned O -S, A -E or R -A, provided that such fence is located at or near the boundary line separating such lots, but not in a required sight triangle or setback adjacent to a street. d. A maximum twelve (12) foot high see- through fence may be located around a tennis court anywhere on a lot, except in a required setback adjacent to a street. 2. Except as otherwise provided herein, fences over six (6) feet in height require a zoning clearance; see also Section 17.20.040. 3. No barbed wire, razor -edge, or similar type of fencing is permitted in R -zones or commercial zones, or on properties in M -zones which abut or are across the street from R -zoned properties, if such fencing would be visible from the R -zoned property or properties. 4. If there is a difference in &rade levels on the two (2) sides of a fence, the height shall be measured from the higher grade, provided that the distance from the lower grade to the top of the fence shall not exceed ten (10) feet, and further provided that in a required setback adjacent to a street, fence height shall be measured from adjacent grade on the street side of the fence. 17.24.080 5. The provisions of this section shall not apply to a fence required by any law or regulation of the state of California or any agency thereof. B. Accessory Parking and Storage of Large Vehicles. No residential, agricultural or open space zoned lot shall be used for the accessory parking or storage of vehicles which are designed to carry more than a three- quarter ton load and which are used for shipping or the delivery of freight and products, except those lots where delivery to storage or market of agricultural commodities is permitted under this title and is occurring on said lot. C. Connection of Structures. An accessory structure will be considered to be detached from the main structure unless: 1. The roof connecting the two (2) structures complies with all of the following: a. It is essentially a continuation of the roof of the main structure; b. It resembles the roof of the nearest enclosed, habit- able area of the main structure in terms of pitch, materials, etc.; and c. It is imperforate; or 2. The space between such structures is completely enclosed by walls attached to each structure. D. Sight Triangle. Where there are no controls (stop signs or signals) on either street at an intersection, a sight triangle (see definitions) must be provided on each corner adjacent to the intersection. No structures or landscaping over three (3) feet in height which could block the view of approaching traffic on either street shall be located or constructed within any required sight triangle. E. Sight Distance. Adequate sight distance shall be provided at intersections. In cases where the minimum setback requirements of Section 17.24.020 do not provide such sight distance, particularly where streets intersect at less than ninety (90) degrees and traffic is controlled (e.g., by stop signs) on only one (1) of the streets (the "minor street "), setbacks for discretionary projects must be adjusted to provide adequate sight distance in accordance with the following table. The sight distance shall be measured from a point in the center of the minor street eight (8) feet behind the designated stopping point for vehicles on such street, or behind a continuation of the intersecting curb line, to the center of the nearest (curbside) driving lane on the intersecting ( "major ") street. No structures or landscaping over three (3) feet in height which could block the view of approaching traffic on the major street shall be construct- ed or located on the street side of the line connecting the two (2) points. Curb cuts on discretionary projects should be considered minor streets for purposes of this section. 325 EXHIBIT 17.24.090 Speed Limit Sight Distance On Major Street (mph) Required (ft.) 25 165 30 190 35 225 40 260 45 300 50 350 55 400 F. Light Fixtures. The following regulations apply to light fixtures over two (2) feet in height: 1. Maximum height is twenty-four (24) feet (twelve (12) feet if within one hundred (100) feet of residentially zoned property) unless a greater height is approved by the director of community development or his designee. 2. Such fixtures shall not be placed in side setbacks. 3. Lights in excess of one hundred (100) watts shall not result in direct illumination of adjacent properties. 4. A lighting plan shall be submitted for all approved entitlement projects governed by Chapter 17.44. The lighting plan shall achieve the following objectives: avoid interfer- ences 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. 5. Fixtures must provide tharp cut -off qualities which minimize light spillage at property lines. 6. Energy - efficient lighting fixtures shall be provided which are compatible with adjacent properties. 7. No direct light source (bulb) shall be visible from the road. 8. The architectural design of the pole(s) and lamp(s) shall complement the design of the building. 9. Eliminate upward light spillage. (Ord. 189 § 3 (8106 -8), 1994) 326 Chapter 17.28 STANDARDS FOR SPECIFIC USES Sections: 17.28.010 Purpose. 17.28.020 Standards relating to dwellings. 17.28.030 Standards relating to animals. 17.28.040 Auto, boat and trailer sales lots. 17.28.050 Mobilehome parks. 17.28.060 Oil and gas exploration and production. 17.28.070 Produce stands. 17.28.080 Recreational vehicle parks. 17.28.090 Restaurants, bars and taverns. 17.28.100 Mining and reclamation. 17.28.110 Veterinary clinics. 17.28.120 Motion picture and TV production, temporary. 17.28.130 Outdoor sales and services, temporary. 17.28.140 Christmas tree sales. 17.28.150 Temporary buildings during construction. 17.28.160 Storage of building materials, temporary. 17.28.170 Campgrounds. 17.28.180 Camps. 17.28.190 Retreats. 17.28.200 Golf courses. 17.28.210 Buildings for the growing of crops. 17.28.220 Temporary pet vaccination clinics. 17.28.230 Day care facilities. 17.28.240 Nonmetorized wheeled conveyance facilities and uses. 17.28.250 Caretaker recreational vehicle, accessory. 17.28.010 Purpose. The purpose of this chapter is to set forth standards and regulations which apply to proposed uses as listed. (Ord. 189 § 3 (8107 -0), 1994) 17.28.020 Standards relating to dwellings. A. Antennas, Ground - Mounted. No antenna or mast shall exceed seventy-five (75) feet in height. The crank -up variety of ham radio antennas should be used. All units are encouraged to be color - coordinated to harmonize with predominant structural background material, so as to reduce visual impacts. Where feasible, support structures shall 6`0011b •� T OX, b� _ •. _ sic v I N L } wf PLAN•f =o , SIGHT TRIANGLE, 3/" = 10' , 1 I 1 ; I i 1 F l 1 l i l i l _fi 1 i ------------- --------------------- ^' 8' BEHIND STOPPING POINT 1 4 ;, S 1G - GCS , NCO 2 55 1 I � i 1 Cqt I R881 B TYPE IV(L) R26(S) ls) P1 P3 n LIBERTY - i- 0 X _A P1 'o zw!1 N o w^ _' + QLL + LL f "BIKE" P1 °° �< S P4 Q 1 � i ; 1 f� R26(S) c~n z ' S "LANE" m w i a v' R81 P1 ro I •a � � ! � c.� R81 TYPE I(10) w W w m J m W y � o J F i I � ♦ i i � , f CENTER OF NEAREST DRIVING LANE f t A t ( 1 f i 1 F i w 1 , : I I ; i ] f 1 i i I j I 1 " =40' N 00 R Q V) TRAFFIC SAFETY SIGHT AREA 0061.18 17.08.010 Signs. For sign definitions, see Chapter 17.40. "Single - family dwelling" means a building or portion thereof designed or occupied exclusively for a one (1) family dwelling. "Site" means one (1) or more lots planned and developed as a unit under one (1) permit. "Sleeping quarters" means a space in a structure used for sleeping purposes. "Store" means an enclosed building housing an establish- ment offering a specified line of goods or services for retail sale direct to walk -in customers. "Structural alteration" means any change in roof lines or exterior walls, or in the supporting members of a building such as foundations, bearing walls, columns, beams, girders, floor joists, roof joists or rafters. This includes any physical change which could affect the integrity of a wall, including partial or total removal, moving a wall to another location or expanding the wall in terms of height or length. Minor actions such as adding a doorway, walkway, passage or window, or attaching architectural features or adornments, are not considered to be structural alterations_ means or erected on the ground, or that requires location on the ground, or is attached to something having a location on or in the ground. "Structure" does not include fences, or walls used as fences, less than six (6) feet in height, or plant materials. means a market operating for the sale or exchange of merchandise at retail by a number of sellers. This does not include "garage sales" as referenced in Chap- ter 5.88 of this code, which is a sale from a residence or residential property of personal property which has been owned or used previously by an individual or resident re- siding on the premises where the sale is conducted. "Tandem parking" means the placement of parking spaces one behind the other, so that the space nearest the driveway or street access serves as the only means of access to the other space. "Telecommuting" means using your home, or a specifi- cally designated facility, as a place of work. "Temporary special use permit" means a use which by its nature will not normally exist for more than ninety (90) days at the proposed location. Said use may normally be allowed to exist only under a development or conditional use permit; however, due to the temporary nature of the proposed use it is considered an allowed use if granted a zone clearance for the time specified. Examples of this can be uses such as churches in school facilities, outdoor eating at restaurants, use of public buildings for nongovern- mental purposes, etc. Through Lot. See Lot, Through. "Timber" means trees of any species maintained for eventual harvest for forest product purposes, whether planted (Moorpark 11 -95) 03 or of a natural growth, standing or down, on privately or publicly owned land, including Christmas trees but exclud- ing nursery stock. 'Townhouse development' ' means a subdivision consist- ing of attached dwelling urats in conjunction with a separate lot or lots of common ownership, wherein each dwelling unit has at least one (1) vertical wall extending from ground to roof dividing it from adjoining units, and each unit is separately owned, with the owner of such unit having tide to the land on which it sits. `"Transportation demand management (TDM) facilities ordinance" means alternative travel behavior, usually on the part of the commuters, through programs of incentives, services and policies. The TDM facilities ordinance address- es alternatives to single- occupancy motor vehicles such as carpooling and vanpooling, telecommuting, and changes in work schedules that move trips out of the peak travel period or altogether eliminate them (as in the case of compressed workweeks). "Transportation information board" means a bulletin board, display case or kiosk displaying transportation information. The board must be located where it is likely to be seen by the greatest number of employees. 'Transportation services" means establishments primarily engaged in undertaking the transportation of goods and people for compensation, and which may in turn make use of other transportation establishments in effecting delivery. This definition includes parking lots for overnight truck storage, and such establishments as commercial distribution services, freight forwarding services and freight agencies. "Use" means the purpose for which land or a building or structure is arranged, designed or intended to be used, or for which it is or may be used, occupied or maintained. " Vanpooling" means a group of at least seven (7) commuters traveling to work in a vehicle designed to carry more than six (6) but less than sixteen (16) persons, includ- ing the driver, which is maintained and used primarily for work - related transportation of commuters for the purpose of ridesharing. "Wall" means an upright structure of building material, such as masonry, wood or plaster, serving to enclose, divide or protect an area, especially a vertical construction forming an inner partition or exterior siding of a building. "Waste treatment and disposal" means public or private disposal facilities or transfer stations, operated for the purpose of recycling, reclaiming, treating or disposal of garbage, sewage, rubbish, offal, dead animals, oil field wastes, hazardous waste, or other waste material originating on or off the premises. "Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise expressly provided herein. EXHIBIT 5 00011- 17.24.025 Setbacks in the downtown area. Front, rear and side -yard setbacks in the downtown area (as defined in Section 17.40.020 of this code), shall be as specified by permit. (Ord. 205 § 3 (8106 - 1.2.1), 1995) 17.24.030 Exceptions to lot area. The following are exceptions to the minimum lot area regulations stated in Section 17.24.020: A. Water Well Sites. A water well site or sites, each no more than one thousand two hundred (1,200) square feet, may be created on a lot for the sole purpose of trans- ferring, by lease or sale, possession of the well and so much of the land around the well as may be necessary for use of water from the well for agricultural purposes only. 1. Park and Recreational Facilities. Any lot area reductions granted to subdividers before the effective date of this title under the community park and recreation facilities provisions of the previous zoning ordinance and recorded with the final map shall remain in effect. 2. Fire Stations. There shall be no minimum area for a lot in the O -S, A -E or R -A zones or any of the subzones thereof during the period of time the lot is held by a public entity for present or future use as a fire station or is dedicat- ed to a public entity for such use. Any lot in such zones or any subzones thereof which: a. Was created by a conveyance of a portion of a larger lot to a public entity for present or future use as a fire station, or was created by a subdivision map which dedicat- ed the lot to a public entity for such use; and b. Would have been nonconforming at the time of such creation if it had not been conveyed or dedicated to a public entity; and c. Does not conform to minimum area requirements applicable to other lots in the same zone or subzone which have not been conveyed or dedicated to a public entity, may not be used for any purpose other than a fire station site by the public entity or its successors in interest. (Ord. 189 § 3 (8106 -2), 1994) 17.24.040 Purpose and use of setbacks. The setback regulations are intended to prevent the over- crowding of land, provide privacy, preclude narrow, unus- able spaces between buildings and provide clear areas for fire safety purposes, both to retard the spread of fire and to enable emergency personnel to reach side and rear areas of buildings. The setback regulations are intended to apply to buildings with foundations, and other structures such as those for parking and storage, whether or not they have foundations, and to open storage. The regulations are not intended to apply to trees or other natural vegetation, nor to construction that does not extend above grade level; nor to pools designed to hold less than eighteen (18) inches 321 17.24.025 of water depth, nor to such things as outdoor furniture or unenclosed play structures for children (except if designed for use with wheeled footwear or vehicles of any kind), provided that such items are placed so as not to hinder the above objectives. No required setback shall be used for parking or storage of any vehicles, nor for open storage or garages or other accessory buildings, except as specifical- ly provided in this title. (Ord. 189 § 3 (8106 -3), 1994) 17.24.050 Measurement of setbacks. A. Measurement of Rear Setback from an Alley. In computing the depth of a rear setback for any lot abutting an alley, the setback may be measured from the midpoint of the rear alley. B. Setbacks from Easements. If the only means of access to one (1) or more lots is by way of an easement, the easement shall be considered as. a street for purposes of determining setbacks on lots over which the easement passes. C. Determination of Setbacks for Flag Lots. In the case of flag lots, the setbacks shall be measured from the applicable front (F), rear (R) and sides (S) of the lot as designated in the following diagram. 1. In cases involving flag lots of a type not represented in the diagram, the director of community development shall determine the minimum setbacks. 2. Any portion of a flag lot that is adjacent to a street is a "required setback adjacent to a street" for purposes of fence regulations. (Moorpark 7 -95) G1106140 17.24.020 Table 17.24.020B DEVELOPMENT STANDARDS FOR COMMERCIAL, INDUSTRIAL AND SPECIAL PURPOSE ZONES Notes for Table 17.24.020B: 1. See Section 17.24.060 for exceptions. See Section 17.24.050C for flag lot setbacks. 2. See Section 17.36.030C. 3. Minimum project area- 4. A 30 -foot setback, in conjunction with appropriate opaque screening, may be required (1) when the industrial site is adjacent to or across the street from an R -zone; (2) to maintain uniformity with existing adjacent development; or (3) on the basis of the configuration of the industrial site. NOTE: For all industrial and commercial zones, buildings shall be set back from edge of right -of -way for all existing and planned (as shown in adopted circulation element) four (4) and six (6) lane arterials and four (4) lane rural connectors as follows: thirty (30) feet of building setback for all front and and ten (10) foot building setback for all side yards with a minimum often (10) feet of landscaping behind the front and side yard property lines. From all existing and planned connectors an two connectors, u g sett)ack shall be twenty ) eet for the front and ten (10) foot building setback for the side yard with a minimum of ten (10) feet of landscaping behind the front and side vard mmnrrry tin— caa,r —k —t-, ,au= "Jvu, cxcepc ror waukways ana front -to -back dnveways, and shall not be used for drive aisles or parking. The teen (10) feet is for landscaping only with the exception of a public sidewalk as long as the right -of -way is not reduced as a result of the public sidewalk being partially or totally within the required ten (10) feet of landscaping. (Ord. 189 § 3 (8106-1),1994) (Moorpark 7 -95) 320 O u IK;o Maximum Minimum Building Building Required Minimum Setbacks' Maximum Structure Height Zone Lot Area From Street Each Interior Yard Main Exceptions Accessory Structure (Main Structure) Structure C-0 50% of lot area Front: 20' None required, but if Height may be Side: 5' provided or if any increased side is adjacent to 25' (to maximum 6M I R -zoned property, with planning then 10 feet on that commission No Requirement side C.U.P. C -1 5 feet on 5 feet if adjacent to As comer lots an R -zone; otherwise 35' as specified by As specified permit` specified C2 C -P -D by permit by T -P See note 2. As specified by permit 25' permit P -C 100 Acres' As specified by permit As specified by permit M -1 20,E 5 feet if adjacent to May be increased As an R -zone; otherwise as specified by 30' to 60' with plan- ring director 10,000 specified 1514 permit approval sq, ft. by M -3 As Maximum 60' permit 1014 specified when located by permit within 100' of R -zoned property Notes for Table 17.24.020B: 1. See Section 17.24.060 for exceptions. See Section 17.24.050C for flag lot setbacks. 2. See Section 17.36.030C. 3. Minimum project area- 4. A 30 -foot setback, in conjunction with appropriate opaque screening, may be required (1) when the industrial site is adjacent to or across the street from an R -zone; (2) to maintain uniformity with existing adjacent development; or (3) on the basis of the configuration of the industrial site. NOTE: For all industrial and commercial zones, buildings shall be set back from edge of right -of -way for all existing and planned (as shown in adopted circulation element) four (4) and six (6) lane arterials and four (4) lane rural connectors as follows: thirty (30) feet of building setback for all front and and ten (10) foot building setback for all side yards with a minimum often (10) feet of landscaping behind the front and side yard property lines. From all existing and planned connectors an two connectors, u g sett)ack shall be twenty ) eet for the front and ten (10) foot building setback for the side yard with a minimum of ten (10) feet of landscaping behind the front and side vard mmnrrry tin— caa,r —k —t-, ,au= "Jvu, cxcepc ror waukways ana front -to -back dnveways, and shall not be used for drive aisles or parking. The teen (10) feet is for landscaping only with the exception of a public sidewalk as long as the right -of -way is not reduced as a result of the public sidewalk being partially or totally within the required ten (10) feet of landscaping. (Ord. 189 § 3 (8106-1),1994) (Moorpark 7 -95) 320 O u IK;o 1000- aim .. 0 iliilluw ski v 21j'RIM t N3 ZO.En a on nu ' W -,I -I � aim a,. 107 Rig -N a iD w � 401 1 MIMI • 'JINXIMP2 g 'Uwr�-,.s. �P" -*Q 4 ; 11 *_' M-ld- • mob A" L or 4 116 W.Sra-z' bad Awl ad W., 'tafew-t 14, C IL �i7 i v as 70 Z 46 r 20 ru so • 11 W Mij; an- i 11 !1Ai\ =ni WA i0MVA0- RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MINOR MODIFICATION NO. 2 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 97 -1 ON THE APPLICATION OF CHANNEL DEVELOPMENT FOR EDDIE GHARABAGHI FOR APPROVAL OF A WATERFALL FEATURE, LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND LIBERTY BELL ROAD, ASSESSORS PARCEL NO. 506- 0 -270- 34. WHEREAS, on February 2, 1999, the applicant applied for Minor Modification No. 2 to Commercial Planned Development Permit No. 97 -1; and WHEREAS, the Director of Community Development refdrred the matter to the City Council on March 17, 1999; and WHEREAS, at its meeting of March 17, 1999, the City Council considered the application filed by Channel Development for Eddie Gharabaghi, requesting approval of Minor Modification No. 2; and WHEREAS, at its meeting of March 17, 1999, the City Council after review and consideration of the information contained in the staff report dated March 5, 1999, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in the staff report and accompanying documents, and public testimony, the City Council finds that: a. The project is Categorically Exempt from California Environmental Quality Act requirements as a Class 1 exemption for the operation or alteration of private structures; b. The Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City Zoning Ordinance; C. The Minor Modification is compatible with the character of surrounding development; EXHIBIT 8 U061.214 Resolution No. 99- Commercial Planned Development No. 97 -1 Minor Modification No. 2 (Gharabaghi) 3/17/99 Page 2 d. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; e. The Permit would not be detrimental to the public interest, health, safety, convenience, or welfare; f. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located; and g. The proposed project would not have a substantial adverse impact on surrounding properties. SECTION 2. The City Council conditionally approves Minor Modification No. 2 to Commercial Planned Development Permit No. 97 -1 for construction of a waterfall feature. SECTION 3. Approval of Minor Modification No. 2 to Commercial Planned Development Permit No. 97 -1 subject to the following conditions: 1. Approval of a Zoning Clearance is required prior to the construction of the feature. The location and design of improvements shall be as shown on the approved plans as modified by the following conditions of this Section 3. 2. All conditions of approval of Resolution No. 97 -1409 shall apply unless modified by this permit. 3. The approved landscape plan shall be modified to reflect the waterfall feature. 4. The approved plans and construction of the building shall not be revised to reflect any additional modifications, unless an appropriate modification is approved by the City. 5. The depth of the water in the waterfall basin shall not exceed 18 inches. M: I CMalin WPD9 7- 1 #2. res. doc 031111991:33 PM fu b b i.;4;1 Resolution No. 99- Commercial Planned Development No. 97 -1 Minor Modification No. 2 (Gharabaghi) 3/17/99 Page 3 6. Any lighting proposed for the waterfall feature shall be reviewed and approved by the Director of Community Development prior to installation. The lighting plan shall be modified and approved by the City to reflect any approved lighting changes. All changes to the lighting plan shall be prepared by an electrical engineer registered in the State of California. The lighting plan shall meet all requirements of Condition No. 63 of Resolution No. 97 -1409. 7. Any landscaping proposed for the waterfall feature shall be reviewed and approved by the Director of Community Development prior to installation. The landscaping plan shall be modified and approved by the City to reflect any approved landscaping changes. 8. The maximum height of the waterfall feature shall be reduced to five (5) feet, except for any portion of the structure which is in the Traffic Safety Sight Area which shall be reduced to a a maximum height of three (3) feet. 9. All waterfall materials and paint colors shall be approved by the Director of Community Development and shall complement those approved for the overall center. 10. The continued maintenance of the landscaping, 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 (30) days after notification. 11. The applicant and successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 12. Prior to issuance of a Zoning Clearance for construction of the waterfall, applicant shall pay all applicable fees and all outstanding case processing costs. M: I CMalinl MI PD97 -1 #2. res. doc 0311119911:02 AM 0001" Resolution No. 99- Commercial Planned Development No. 97 -1 Minor Modification No. 2 (Gharabaghi) 3/17/99 Page 4 SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified Resolution to be filed in the book of original Resolutions. PASSEDED AND ADOPTED THIS 17th DAY OF MARCH, 1999. ATTEST: Deborah S. Traffenstedt, City Clerk Patrick Hunter, Mayor M: ICMalinIMIPD97- l #2.res.doc 03/11 /9911:02 AM 0061.27