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HomeMy WebLinkAboutAGENDA REPORT 2002 0116 CC REG ITEM 09FMOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council ITEM �• F• _ E { AC-s : � � pabl ►c, E �. �c Ad c�tr✓ter� �c N1+ of I -a3 CJIY�'C� r�ittFF �[� PfP We exi En�cc rat ror- zn FROM: Deborah S. Traffenstedt, Acting Director of Community Development '-D JT- Prepared by: Paul Porter, Principal Planne� i DATE: January 11, 2002 (CC Meeting of 1/16/02) SUBJECT: Consider Commercial Planned Development Permit No. 2000 -02 for a 2,868 Square Foot Jack -in- the -Box Restaurant with Drive - through Service and a 17,196 Square Foot Two -story Retail /Office Building on Property Located on the South Side of Los Angeles Avenue One Property West of the Southwest Corner of Los Angeles Avenue /Leta Yancy Road, North of the Arroyo Simi, on the Application of Jack -in- the -Box Restaurants and Acres Realty (Assessors Parcel No. 506 -0 -05 -050) SUMMARY Commercial Planned Development (CPD) No. 2000 -02 is a request for a 2,868 square foot Jack -in- the -Box Restaurant with drive - through service and a 17,196 square foot two -story retail /office building located on the south side of Los Angeles Avenue west of Leta Yancy Road (see project exhibits, Attachments 1 and 2). On August 27, 2001 the Planning Commission recommended conditional approval of this application to the City Council (see Attachments 3 and 4 for Planning Commission staff reports and Resolution). A Mitigated Negative Declaration and Initial Study (including Mitigation Monitoring Program) have been prepared for the proposed project (see Attachment 5). Conditions of approval have been drafted (see Attachment 6) to include items intended to address Planning Commission and staff concerns related to access, architectural design, signage, and phasing of construction. 000070 S: \Community Development\Everyone \City Council Agenda Reports \cc- 020116SR CPD 2000 -02 Jack in the Box Final.doc Honorable City Council January 16, 2002 Meeting Page 2 BACKGROUND This item was heard by the Planning Commission on June 11, 2001, July 9, 2001 and August 27, 2001. The Planning Commission recommendation to the City Council for conditional approval addressed their concern related to the lack of an access opportunity for traffic approaching this commercial site from all directions. Issues raised by the Planning Commission included concern with a second curb -cut on Los Angeles Avenue, or joint access to /from Los Angeles Avenue from the adjoining gas station, potentially resulting in conflicting traffic movements. As a result, the Planning Commission recommended to the City Council that the then proposed joint curb cut at Los Angeles Avenue between the Mobil Oil Facility and the subject property be eliminated. The applicant has since revised the plot plan eliminating the joint access. The Planning Commission also indicated that a preferred second access to the Jack -in the -Box site should be taken from Leta Yancy Road through the southerly portion of the gas station, which if such access were not achievable, the Planning Commission recommended that an additional traffic study be required with various options studied, including obtaining access to the site via a U -turn at Shasta Avenue and /or restricting access to Los Angeles Avenue to the westerly curb -cut. The Planning Commission recommendations also included architectural design recommendations for the office building and providing for signage of the units on the first floor level (incorporated into the draft conditions of approval in Attachment 6). DISCUSSION Site Location The subject property located on the south side of Los Angeles Avenue is one lot west of the southwest corner of Los Angeles Avenue /Leta Yancy Road, and is a rectangular shaped parcel, with overall dimensions of approximately 340 feet (deep) by 215 feet (wide). Site topography consists of relatively level terrain, dipping downward slightly to the east and south. To the east of the site is the existing Mobil carwash /gas station. A single - family residential project (Pacific Communities) has been approved for the property contiguous to the south and west. 0OQ®7i Honorable City Council January 16, 2002 Meeting Page 3 Project Description Commercial Planned Development No. 2000 -02 is a request to construct a 2,868 square foot Jack -in- the -Box restaurant with drive - through service and the proposed 17,196 square foot two story retail /office building. No outside seating is proposed for the restaurant. The proposed Jack -in- the -Box restaurant has overall dimensions of approximately 80 feet by 35 feet while the dimensions of the retail /office building are approximately 60 feet by 150 feet. The architectural style of this project is a French Provincial design with detailed features, including wood shutters, reveals, canvas awnings, clay tile roofing, and wrought iron accents with various color combinations to vary the appearance. The only access to the site will occur from a proposed thirty - six ( 36 ) foot wide curb -cut on Los Angeles Avenue near the west property line. The drive aisle leading from this curb -cut turns easterly and southerly through the parking lot between the proposed Jack -in- the -Box restaurant and the retail /office building to a parking area in the rear portion of the site. Access to the drive - through is provided by a one -way drive isle beginning at the southeast corner of the site and continuing northerly along the easterly property line. Drive - through traffic exiting the site is directed northerly and westerly via the one -way drive isle to the main entry isle. Stacking within the drive - through aisle will accommodate approximately eleven (11) automobiles without interfering with parking lot circulation. A menu board and speaker is located approximately 95 feet from future single family homes abutting the south property line. Relocation of the speaker board further to the north (away from the homes to be located to the south of the site) may be necessary to avoid nuisance noise impacts. The standard condition of approval allowing the Director of Community Development to require a noise study prior to initial and subsequent occupancy approvals has been revised to include the requirement for a noise study prior to Zone Clearance for the Building Permit to determine proper placement of the speaker board. Parking (including 2 handicapped parking spaces for each building) is located between and to the rear (south side of parcel) of each of the two buildings. A trash enclosure is located adjacent to the south side of each building. Staff has included conditions requiring that the trash enclosures be Honorable City Council January 16, 2002 Meeting Page 4 provided with pedestrian access, covered, screened and satisfy NPDES requirements. Public entrances to the Jack -in- the -Box restaurant are proposed to be located on the west and north sides of the building. Public entry to the downstairs lease space of office /retail building will be from east side of the building, while access to the second story will be provided by stairways at both the north and south sides of the building as well as by an elevator located on the south side of the building adjacent to the proposed loading area. A condition of approval has been added to require enclosure of the south - facing stairway (the north - facing stairway is already enclosed within the building). Decorative balcony treatments are proposed which will be non- functional, but will serve to enhance the French Provincial architectural theme. Architectural features and coloration of the buildings have been modified since the initial Planning Commission hearing held on June 11, 2001 to include several tower /roof elements with hip roof design on the west elevation. Additionally, a shed roof element has been incorporated between the lower elements replacing the parapet. The revised architecture incorporates additional detail and a less imposing fagade as it slopes away from the adjoining residential development. The roof tile is a dark brown, flat, concrete tile and dark green, round canvas awnings are provided. The color palette includes a dark brown color base (Dunn Edwards Nutmeg TI -DE -1037) around the perimeter of the buildings to a height of approximately three (3') feet. The overall building color will be a light, yellow brown (Dunn Edwards Little Toot DE 1029) with the towers and wall elements beginning at the second story proposed with a color hue between the base and the walls (Dunn Edwards Buff Pill DE 1028). The Jack -in- the -Box uses this color only on the tower elements. An additional accent trim color has been added to the fascia, which is a light chocolate color. Decorative paving is included on the entrance drive parallel to Los Angeles Avenue which should also be included in front of the buildings and as a crossing between buildings for pedestrian movements. Privacy within the adjacent future single family residential project was a concern of the Planning Commission. A draft condition of approval was added to require the bottom sill height of the second story offices in the westerly side of the retail /office building to be a minimum of six (6) feet above the Honorable City Council January 16, 2002 Meeting Page 5 finish floor level. Other architectural and design concerns of the Planning Commission have been incorporated into the draft conditions of approval. As previously addressed in this report, staff has added a condition of approval to require enclosure of the south - facing stairway, to further ensure residential use privacy. Staff has remaining concerns regarding the interface between the proposed commercial development and adjacent residential area. The site plan incorporates only the minimal planter width requirement along the south and west property lines. Based on the proposed 2 -foot overhang of the parking along the south property line, that planting area has effectively been reduced to 3.5 feet with the wall footing encroaching further into that narrow planting area. Only the minimum Zoning Code requirement of 10 percent of parking area and site landscaping has been provided for this project. Conditioning the project to provide wider landscaped planting areas along the south and west property boundaries would not address what affect the wider planter areas would have on the site plan (for example, parking spaces, drive aisle width, and /or building relocation and sizing would be affected). This is an outstanding issue that has not been addressed in the proposed draft conditions of approval. Circulation The Planning Commission had significant comment and concern relating to on -site circulation and site access for the proposed uses; both of which are likely to generate substantial vehicle trips. The project originally proposed a connection between the subject site and the Mobil Station /Mini Mart to the east for westbound only access through a shared driveway. This access has since been eliminated from the site plan as this proposed access would create the potential for conflicting traffic movements. Absent this connecting driveway, the only access to the proposed project is through the westerly curb cut proposed on Los Angeles Avenue. The Mobil Station Commercial Planned Development and Conditional Use Permit (CPD No. 97 -01 and CUP 97 -02) were conditioned to provide for cross traffic flow and sharing of curb cuts, but details of this proposed circulation concept were not specified in the condition. The owner of the Mobil Station has been contacted on several occasions concerning the provision of access and circulation between that site and Jack -in- the -Box across the southerly portion of the Mobil station site. The Mobil station owner has thus far declined this 000074 Honorable City Council January 16, 2002 Meeting Page 6 point of access. During the Planning Commission hearing process, testimony was received regarding a recorded agreement relating to access from Leta Yancy Road to the proposed Jack -in- the -Box site. The agreement was intended to address access from Leta Yancy Road to the prior parcel configuration, with a common driveway straddling the southerly property line of the gas station parcel. The agreement also provides for reconfiguration of the access, including a shared curb -cut from Los Angeles Avenue, which was determined by the City Engineer to create a potential for traffic circulation conflicts. Although the agreement includes language giving the City Engineer and the Director of Community Development discretion concerning relocation of the driveways /curb -cuts, the City Attorney has determined that the relocation is voluntary on the part of the owners, and that the City, not being a signatory to the agreement, has no obligation to pursue curb -cut relocation. The City Engineer has determined that a left turn from westbound Los Angeles Avenue directly into the site is highly undesirable, because the left - turning traffic has no turn pocket or lane to decelerate in prior to turning left, and there is insufficient room to accommodate re- striping to provide a safe turn pocket. The City Engineer has recommended that the solid double lines and island chevrons should be extended well past the westerly property line of the proposed project to prohibit left -turn movements directly into the site from westbound Los Angeles Avenue. Persons wanting to enter the site from westbound Los Angeles Avenue could potentially continue westerly to the future signal at Shasta Avenue, execute a U -turn, and return to the site as eastbound traffic. Although the travel to Shasta Avenue and the U -turn movement will consume a portion of the traffic capacity of Los Angeles Avenue, the U -turn would be a protected movement after Shasta signal construction and may not impact traffic safety any more than the increment in traffic congestion that it will cause. The Planning Commission recommended that the joint curb cut at Los Angeles Avenue between the Mobil Station and the subject property be eliminated and that the first priority for access to this project be taken from Leta Yancy Road through the Mobil Station near the southerly property line. The Planning Commission further recommended that if secondary access through the Mobil Station near the southerly property line is not achievable, an additional traffic study be required to study the impacts to Los Angeles Avenue traffic from U -turns at Shasta 000075 Honorable City Council January 16, 2002 Meeting Page 7 Avenue. Access to the subject property from Los Angeles Avenue under the U -turn option would be limited to one driveway at the westerly property line. To date, no traffic analysis addressing these issues has been submitted by the applicant. Construction of the Shasta Avenue signal is currently dependent upon completion of the Pacific Communities project. In addition, Los Angeles Avenue has not yet been widened along the Pacific Communities project frontage along the south side of Los Angeles Avenue, furthering the potential impact from U -turn traffic until such traffic improvements are completed. As the project is currently proposed with only one westerly driveway, no left turns allowed from the center median, no signal yet installed at Shasta Avenue, and incomplete widening along the south side of Los Angeles Avenue, access to this site will be extremely limited, especially for the proposed restaurant and retail uses, which typically depend upon high traffic counts. This development site, because of the limited access, does not currently serve well as a location for a fast - food restaurant. Until construction of the signal at Shasta Avenue and completion of the widening of Los Angeles Avenue along the south side between Shasta Avenue and the project site, access to the site remains a significant concern. The applicant's failure to complete the traffic study requested by the Planning Commission does not allow for an accurate determination of impact. In addition, the applicant's fair - share contribution for the cost of improvements to the Los Angeles Avenue /Shasta Avenue intersection cannot be accurately determined. Desian and Phased Construction The architecture of the fast food restaurant to some extent compliments the architectural style of the retail /office building. The design of the retail /office building contains several elements reflective of a French Provincial architectural style, which when combined with modifications to the architectural elements of the restaurant, complements the architectural styles of neighboring commercial developments along Los Angeles Avenue. There is a concern that if the restaurant is built without the office /retail building, the desired architectural effect for the site may not be what decision - makers envision for the community. Phased construction of the project may result in a less than desirable end product, because elements of the site design, such as circulation, 000076 Honorable City Council January 16, 2002 Meeting Page 8 landscaping and architectural cohesiveness may be compromised. In order to ensure the development of an integrated project, construction of both buildings is recommended to take place at the same time. This would ensure long -term continuity of the architectural design, integration of the site plan, and provide for a cohesive development. If the City Council determines to approve the proposed project, a condition of approval has been drafted to require concurrent construction of both buildings or initial construction of the retail /office building in advance of the fast -food restaurant (see Attachment 6). General Plan Consiste The General Plan land use designation is C -2 (General Commercial), which is consistent with the existing CPD (Commercial Planned Development) zoning on the property. The proposed fast -food restaurant including drive - through and office /retail building are considered consistent with the exiting General Plan land use designation. Consistency with General Plan policies remains a concern. Incorporation of the Planning Commission's design recommendations into the conditions of approval as well as requiring a noise study to determine appropriate placement of the Jack in the Box speaker board, ensures better compliance with Land Use Element Policy 8.2, generally requiring that design features be incorporated so as to minimize adverse impacts on adjacent uses. However, staff still has remaining concerns that the minimal amount of landscaping provided along the south and west property boundaries does not provide an adequate buffer between the commercial and residential land uses. The proposed project can be conditioned to be consistent with Policy 2.2 of the General Plan Circulation Element, which states that project phasing shall be coordinated with the construction of on -site and off -site circulation improvements to maintain the performance standards objectives specified in Policy 2.1 and to ensure that improvements are in place when needed. The proposed project is not currently consistent with Policy 2.6, which states that secondary access should be required for projects located in the middle of a block adjacent to a limited - access arterial. For the reasons discussed previously, compliance with Policy 2.6 is probably not feasible due to already approved 000077 Honorable City Council January 16, 2002 Meeting Page 9 projects to the east (Mobil Station), south and west (Pacific Communities) . The City Council could take action to deny the application without prejudice, due to General Plan consistency concerns and related to inadequate access, potential circulation impacts, failure to complete the Planning Commission requested traffic study, and insufficient landscaping to minimize adverse impacts on adjacent residential land uses. Staff's opinion is that the project is premature based on the current circulation system. Based on the Planning Commission's recommendation for conditional approval, staff has prepared a draft resolution for approval that includes additional draft conditions as addressed in this report. Increasing the landscaping areas on the southern and westerly boundaries is not addressed in the draft conditions of approval, because the result would be reconfiguration of the site plan. If the Council determines that the application should be denied, staff should be directed to bring back a resolution for denial without prejudice. This would be a preferred action versus continuance off calendar, due to Permit Streamlining Act time limits for action on the application. The Mitigated Negative Declaration/ Initial Study and Mitigation Monitoring Program for the proposed project have been revised to require that the solid double lines and island chevrons be extended past the westerly property line of the proposed project to prohibit left -turn movements directly into the site from westbound Los Angeles Avenue, and to require completion of the Shasta Avenue signal construction and widening along the south side of Los Angeles Avenue between Shasta Avenue and the project site prior to approval of Zoning Clearance for grading and building permit. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for the requested entitlements prior to making a decision on the project. Honorable City Council January 16, 2002 Meeting Page 10 3. Direct staff to prepare a resolution for denial of the project without prejudice for the reasons discussed in staff report. Attachments: 1. General Plan and Zoning Maps 2. Project Exhibits 3. Planning Commission Staff Reports of June 11, 2001, July 9, 2001 and August 27, 2001 4. Planning Commission Resolution 5. Mitigated Negative Declaration, Initial Study and Mitigation Monitoring Program 6. City Council Draft Resolution including Conditions of Approval 10000 ,71 m H T -V I A 41 1 a F7E CR VERSY NAT GRADE ;XISTING COMMgRCIAL (GAS STATION t CARWASN) ADJACENT ��,�© .JY :..Jai:': _.:._ ._.•..........- _�..._.: I E'31t 3i ni� 171'L �Y1Ytr: t cam 1_ .A 'Vf ip iri ME All No n ,. ma (D � ilt@tltNf� r m I Kim r SCALE: 1- 16' -O- m � — (D PARKING REQUIREMENTS PROJECT SUMMARY I I ESN a .rr I nrr .J1t ! 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V-O" PLAN ©dg S FRONT F1 FVATION (FAST) SCALE: I /$' - I' -C' A/ "Am*' RLGtLLSINF F1 EVATION (NORTH) n SCALE' I/M' O EXTERIOR FINISH SCHEDULE ®�-YAIDMN/fMSI -CCLN M1nm%pvm4 a 111tom Cncllf HASID- Uw, oAMl ,wfT of mum CEhol HASID w SAOtSK a DMMMM- Uwf DASI f" W GSM MMLAIiD MASS M ALUMM STWgIt STSrtM b M m METAL Com AO MA W& MSGllN[NR mu p uwI MP^ ISC GLC01" CIUMMCM I1 S' "Im REVEAL IM MT Mt Coarm IS CAMTAS A." » Nola, sm DuwaAa it MMM SMTTI14 Cum A I.Art rta N IrD MAOMOMCUM S OMC1T c W DAM nwa AMDOao C CMORA I TC MAIN A *aftf M WACC N DIM IDMAMi MC - Ut Tool C K loss C GIN w"m - WT PAL / 4 IONS M CMN WHAMS - MJTIMC S 1 K MY S DIM CCMAMS - MR.= CAM/ K Slt M Y MCA GAT MOPG ISS - WIN Mf - CD7p 20M CG DAM M MM M., MS - RD MCI[ / K IMT MIQF_URNCII ILVATMI I. ALL SCUM AD LID b tPW KPARAIC SIMrRK NO rOMMT (MIC.) 2 CA - K"" COMM imt ' ASM{M�LM(AM1Q(fAp1GM AC flod11lM1 . KSSry/tGS1[MK M :� CMHA�AfpL 1 OSLiC 9WlM[.N1D1G 41H gMmrt % ymm MGMwK IAyILM uM w>fa. I�9AM IA. Mma. u Mla 'rMwrr� :st.v..l. G G J ,rJ U ■I a r z r 7 P .OlMls MC �]! nC.a �[ 1 tO� Ci • i Mm�rc tIMA C. s•T. w • ti i ELEVATIONS A7 I BEAR ELEVATION (SOUTH) n SCALE 1 /Y' I FFT SLQ 1' I SCALE' 1 /Y' -O' AI 8' 16' 0S� tr s EXTERIOR FINISH SCHEDULE YA07VAAtMl1 —Caa MIL_IYIMlOW" a M11EIYm CMM/1I MASTER- LWI OAS" I" 07 CXIER A CEND:"I "nit O" lACVIlK Or OM&PS- Upf DAlI !Yell 07 CLEAR MSIAAIEO QAlS 0 ALUAMW STOWMMI SnMV 01 HOLLOW 1(IAL COWS AND 111AKS, W30ELLAME 11Y 00 UWI !IOM• n OEC00GL DRA11I10S 11 i RASIU 0[S(AL I0 CLAY OU 00OM 1Y CANVAS A01WK 70 votmair Im mA1OlAt T Yom 9wnm CoL44 A -9 NEI CM YID OAMIO1OAO 0 OWL" C IIO DAM AMR MI0O7m E CCLOIIAtvm III MAIN AO0ami SU01ACE H OUM MANS - Ulu 10911 OC 1070 J MM EXAM - IM PILL I VE ME K AOYI EMAX - MYf1[0 0 / DE 1051 L DIAw EXAM - 94DMM DAME I OC 710 Y MCA CLAY Y0O010 1{S - VIM MI - CCIM IOM OAME M mm OWWAIDM - 1Y0 mg / K 1011 MT; Q101YOIL M"AIMM 1. ALL IMAQ AM LSO R UOIA SE►AYAR 9UIY1fAL NO /MYI puC► 1 CA . YLASIIl CMMM JO"1 3 M R ) .0.O A,S 0a1 MA C EX S OIL K P.IM 10 WIM 0.10, A. ALL E ILMIM~RMJUI MDRS. MO4 M:Am Iq 0O1K OO �D MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council ITEM �• F• _ E { AC-s : � � pabl ►c, E �. �c Ad c�tr✓ter� �c N1+ of I -a3 CJIY�'C� r�ittFF �[� PfP We exi En�cc rat ror- zn FROM: Deborah S. Traffenstedt, Acting Director of Community Development '-D JT- Prepared by: Paul Porter, Principal Planne� i DATE: January 11, 2002 (CC Meeting of 1/16/02) SUBJECT: Consider Commercial Planned Development Permit No. 2000 -02 for a 2,868 Square Foot Jack -in- the -Box Restaurant with Drive - through Service and a 17,196 Square Foot Two -story Retail /Office Building on Property Located on the South Side of Los Angeles Avenue One Property West of the Southwest Corner of Los Angeles Avenue /Leta Yancy Road, North of the Arroyo Simi, on the Application of Jack -in- the -Box Restaurants and Acres Realty (Assessors Parcel No. 506 -0 -05 -050) SUMMARY Commercial Planned Development (CPD) No. 2000 -02 is a request for a 2,868 square foot Jack -in- the -Box Restaurant with drive - through service and a 17,196 square foot two -story retail /office building located on the south side of Los Angeles Avenue west of Leta Yancy Road (see project exhibits, Attachments 1 and 2). On August 27, 2001 the Planning Commission recommended conditional approval of this application to the City Council (see Attachments 3 and 4 for Planning Commission staff reports and Resolution). A Mitigated Negative Declaration and Initial Study (including Mitigation Monitoring Program) have been prepared for the proposed project (see Attachment 5). Conditions of approval have been drafted (see Attachment 6) to include items intended to address Planning Commission and staff concerns related to access, architectural design, signage, and phasing of construction. 000070 S: \Community Development\Everyone \City Council Agenda Reports \cc- 020116SR CPD 2000 -02 Jack in the Box Final.doc Honorable City Council January 16, 2002 Meeting Page 2 BACKGROUND This item was heard by the Planning Commission on June 11, 2001, July 9, 2001 and August 27, 2001. The Planning Commission recommendation to the City Council for conditional approval addressed their concern related to the lack of an access opportunity for traffic approaching this commercial site from all directions. Issues raised by the Planning Commission included concern with a second curb -cut on Los Angeles Avenue, or joint access to /from Los Angeles Avenue from the adjoining gas station, potentially resulting in conflicting traffic movements. As a result, the Planning Commission recommended to the City Council that the then proposed joint curb cut at Los Angeles Avenue between the Mobil Oil Facility and the subject property be eliminated. The applicant has since revised the plot plan eliminating the joint access. The Planning Commission also indicated that a preferred second access to the Jack -in the -Box site should be taken from Leta Yancy Road through the southerly portion of the gas station, which if such access were not achievable, the Planning Commission recommended that an additional traffic study be required with various options studied, including obtaining access to the site via a U -turn at Shasta Avenue and /or restricting access to Los Angeles Avenue to the westerly curb -cut. The Planning Commission recommendations also included architectural design recommendations for the office building and providing for signage of the units on the first floor level (incorporated into the draft conditions of approval in Attachment 6). DISCUSSION Site Location The subject property located on the south side of Los Angeles Avenue is one lot west of the southwest corner of Los Angeles Avenue /Leta Yancy Road, and is a rectangular shaped parcel, with overall dimensions of approximately 340 feet (deep) by 215 feet (wide). Site topography consists of relatively level terrain, dipping downward slightly to the east and south. To the east of the site is the existing Mobil carwash /gas station. A single - family residential project (Pacific Communities) has been approved for the property contiguous to the south and west. 0OQ®7i Honorable City Council January 16, 2002 Meeting Page 3 Project Description Commercial Planned Development No. 2000 -02 is a request to construct a 2,868 square foot Jack -in- the -Box restaurant with drive - through service and the proposed 17,196 square foot two story retail /office building. No outside seating is proposed for the restaurant. The proposed Jack -in- the -Box restaurant has overall dimensions of approximately 80 feet by 35 feet while the dimensions of the retail /office building are approximately 60 feet by 150 feet. The architectural style of this project is a French Provincial design with detailed features, including wood shutters, reveals, canvas awnings, clay tile roofing, and wrought iron accents with various color combinations to vary the appearance. The only access to the site will occur from a proposed thirty - six ( 36 ) foot wide curb -cut on Los Angeles Avenue near the west property line. The drive aisle leading from this curb -cut turns easterly and southerly through the parking lot between the proposed Jack -in- the -Box restaurant and the retail /office building to a parking area in the rear portion of the site. Access to the drive - through is provided by a one -way drive isle beginning at the southeast corner of the site and continuing northerly along the easterly property line. Drive - through traffic exiting the site is directed northerly and westerly via the one -way drive isle to the main entry isle. Stacking within the drive - through aisle will accommodate approximately eleven (11) automobiles without interfering with parking lot circulation. A menu board and speaker is located approximately 95 feet from future single family homes abutting the south property line. Relocation of the speaker board further to the north (away from the homes to be located to the south of the site) may be necessary to avoid nuisance noise impacts. The standard condition of approval allowing the Director of Community Development to require a noise study prior to initial and subsequent occupancy approvals has been revised to include the requirement for a noise study prior to Zone Clearance for the Building Permit to determine proper placement of the speaker board. Parking (including 2 handicapped parking spaces for each building) is located between and to the rear (south side of parcel) of each of the two buildings. A trash enclosure is located adjacent to the south side of each building. Staff has included conditions requiring that the trash enclosures be Honorable City Council January 16, 2002 Meeting Page 4 provided with pedestrian access, covered, screened and satisfy NPDES requirements. Public entrances to the Jack -in- the -Box restaurant are proposed to be located on the west and north sides of the building. Public entry to the downstairs lease space of office /retail building will be from east side of the building, while access to the second story will be provided by stairways at both the north and south sides of the building as well as by an elevator located on the south side of the building adjacent to the proposed loading area. A condition of approval has been added to require enclosure of the south - facing stairway (the north - facing stairway is already enclosed within the building). Decorative balcony treatments are proposed which will be non- functional, but will serve to enhance the French Provincial architectural theme. Architectural features and coloration of the buildings have been modified since the initial Planning Commission hearing held on June 11, 2001 to include several tower /roof elements with hip roof design on the west elevation. Additionally, a shed roof element has been incorporated between the lower elements replacing the parapet. The revised architecture incorporates additional detail and a less imposing fagade as it slopes away from the adjoining residential development. The roof tile is a dark brown, flat, concrete tile and dark green, round canvas awnings are provided. The color palette includes a dark brown color base (Dunn Edwards Nutmeg TI -DE -1037) around the perimeter of the buildings to a height of approximately three (3') feet. The overall building color will be a light, yellow brown (Dunn Edwards Little Toot DE 1029) with the towers and wall elements beginning at the second story proposed with a color hue between the base and the walls (Dunn Edwards Buff Pill DE 1028). The Jack -in- the -Box uses this color only on the tower elements. An additional accent trim color has been added to the fascia, which is a light chocolate color. Decorative paving is included on the entrance drive parallel to Los Angeles Avenue which should also be included in front of the buildings and as a crossing between buildings for pedestrian movements. Privacy within the adjacent future single family residential project was a concern of the Planning Commission. A draft condition of approval was added to require the bottom sill height of the second story offices in the westerly side of the retail /office building to be a minimum of six (6) feet above the Honorable City Council January 16, 2002 Meeting Page 5 finish floor level. Other architectural and design concerns of the Planning Commission have been incorporated into the draft conditions of approval. As previously addressed in this report, staff has added a condition of approval to require enclosure of the south - facing stairway, to further ensure residential use privacy. Staff has remaining concerns regarding the interface between the proposed commercial development and adjacent residential area. The site plan incorporates only the minimal planter width requirement along the south and west property lines. Based on the proposed 2 -foot overhang of the parking along the south property line, that planting area has effectively been reduced to 3.5 feet with the wall footing encroaching further into that narrow planting area. Only the minimum Zoning Code requirement of 10 percent of parking area and site landscaping has been provided for this project. Conditioning the project to provide wider landscaped planting areas along the south and west property boundaries would not address what affect the wider planter areas would have on the site plan (for example, parking spaces, drive aisle width, and /or building relocation and sizing would be affected). This is an outstanding issue that has not been addressed in the proposed draft conditions of approval. Circulation The Planning Commission had significant comment and concern relating to on -site circulation and site access for the proposed uses; both of which are likely to generate substantial vehicle trips. The project originally proposed a connection between the subject site and the Mobil Station /Mini Mart to the east for westbound only access through a shared driveway. This access has since been eliminated from the site plan as this proposed access would create the potential for conflicting traffic movements. Absent this connecting driveway, the only access to the proposed project is through the westerly curb cut proposed on Los Angeles Avenue. The Mobil Station Commercial Planned Development and Conditional Use Permit (CPD No. 97 -01 and CUP 97 -02) were conditioned to provide for cross traffic flow and sharing of curb cuts, but details of this proposed circulation concept were not specified in the condition. The owner of the Mobil Station has been contacted on several occasions concerning the provision of access and circulation between that site and Jack -in- the -Box across the southerly portion of the Mobil station site. The Mobil station owner has thus far declined this 000074 Honorable City Council January 16, 2002 Meeting Page 6 point of access. During the Planning Commission hearing process, testimony was received regarding a recorded agreement relating to access from Leta Yancy Road to the proposed Jack -in- the -Box site. The agreement was intended to address access from Leta Yancy Road to the prior parcel configuration, with a common driveway straddling the southerly property line of the gas station parcel. The agreement also provides for reconfiguration of the access, including a shared curb -cut from Los Angeles Avenue, which was determined by the City Engineer to create a potential for traffic circulation conflicts. Although the agreement includes language giving the City Engineer and the Director of Community Development discretion concerning relocation of the driveways /curb -cuts, the City Attorney has determined that the relocation is voluntary on the part of the owners, and that the City, not being a signatory to the agreement, has no obligation to pursue curb -cut relocation. The City Engineer has determined that a left turn from westbound Los Angeles Avenue directly into the site is highly undesirable, because the left - turning traffic has no turn pocket or lane to decelerate in prior to turning left, and there is insufficient room to accommodate re- striping to provide a safe turn pocket. The City Engineer has recommended that the solid double lines and island chevrons should be extended well past the westerly property line of the proposed project to prohibit left -turn movements directly into the site from westbound Los Angeles Avenue. Persons wanting to enter the site from westbound Los Angeles Avenue could potentially continue westerly to the future signal at Shasta Avenue, execute a U -turn, and return to the site as eastbound traffic. Although the travel to Shasta Avenue and the U -turn movement will consume a portion of the traffic capacity of Los Angeles Avenue, the U -turn would be a protected movement after Shasta signal construction and may not impact traffic safety any more than the increment in traffic congestion that it will cause. The Planning Commission recommended that the joint curb cut at Los Angeles Avenue between the Mobil Station and the subject property be eliminated and that the first priority for access to this project be taken from Leta Yancy Road through the Mobil Station near the southerly property line. The Planning Commission further recommended that if secondary access through the Mobil Station near the southerly property line is not achievable, an additional traffic study be required to study the impacts to Los Angeles Avenue traffic from U -turns at Shasta 000075 Honorable City Council January 16, 2002 Meeting Page 7 Avenue. Access to the subject property from Los Angeles Avenue under the U -turn option would be limited to one driveway at the westerly property line. To date, no traffic analysis addressing these issues has been submitted by the applicant. Construction of the Shasta Avenue signal is currently dependent upon completion of the Pacific Communities project. In addition, Los Angeles Avenue has not yet been widened along the Pacific Communities project frontage along the south side of Los Angeles Avenue, furthering the potential impact from U -turn traffic until such traffic improvements are completed. As the project is currently proposed with only one westerly driveway, no left turns allowed from the center median, no signal yet installed at Shasta Avenue, and incomplete widening along the south side of Los Angeles Avenue, access to this site will be extremely limited, especially for the proposed restaurant and retail uses, which typically depend upon high traffic counts. This development site, because of the limited access, does not currently serve well as a location for a fast - food restaurant. Until construction of the signal at Shasta Avenue and completion of the widening of Los Angeles Avenue along the south side between Shasta Avenue and the project site, access to the site remains a significant concern. The applicant's failure to complete the traffic study requested by the Planning Commission does not allow for an accurate determination of impact. In addition, the applicant's fair - share contribution for the cost of improvements to the Los Angeles Avenue /Shasta Avenue intersection cannot be accurately determined. Desian and Phased Construction The architecture of the fast food restaurant to some extent compliments the architectural style of the retail /office building. The design of the retail /office building contains several elements reflective of a French Provincial architectural style, which when combined with modifications to the architectural elements of the restaurant, complements the architectural styles of neighboring commercial developments along Los Angeles Avenue. There is a concern that if the restaurant is built without the office /retail building, the desired architectural effect for the site may not be what decision - makers envision for the community. Phased construction of the project may result in a less than desirable end product, because elements of the site design, such as circulation, 000076 Honorable City Council January 16, 2002 Meeting Page 8 landscaping and architectural cohesiveness may be compromised. In order to ensure the development of an integrated project, construction of both buildings is recommended to take place at the same time. This would ensure long -term continuity of the architectural design, integration of the site plan, and provide for a cohesive development. If the City Council determines to approve the proposed project, a condition of approval has been drafted to require concurrent construction of both buildings or initial construction of the retail /office building in advance of the fast -food restaurant (see Attachment 6). General Plan Consiste The General Plan land use designation is C -2 (General Commercial), which is consistent with the existing CPD (Commercial Planned Development) zoning on the property. The proposed fast -food restaurant including drive - through and office /retail building are considered consistent with the exiting General Plan land use designation. Consistency with General Plan policies remains a concern. Incorporation of the Planning Commission's design recommendations into the conditions of approval as well as requiring a noise study to determine appropriate placement of the Jack in the Box speaker board, ensures better compliance with Land Use Element Policy 8.2, generally requiring that design features be incorporated so as to minimize adverse impacts on adjacent uses. However, staff still has remaining concerns that the minimal amount of landscaping provided along the south and west property boundaries does not provide an adequate buffer between the commercial and residential land uses. The proposed project can be conditioned to be consistent with Policy 2.2 of the General Plan Circulation Element, which states that project phasing shall be coordinated with the construction of on -site and off -site circulation improvements to maintain the performance standards objectives specified in Policy 2.1 and to ensure that improvements are in place when needed. The proposed project is not currently consistent with Policy 2.6, which states that secondary access should be required for projects located in the middle of a block adjacent to a limited - access arterial. For the reasons discussed previously, compliance with Policy 2.6 is probably not feasible due to already approved 000077 Honorable City Council January 16, 2002 Meeting Page 9 projects to the east (Mobil Station), south and west (Pacific Communities) . The City Council could take action to deny the application without prejudice, due to General Plan consistency concerns and related to inadequate access, potential circulation impacts, failure to complete the Planning Commission requested traffic study, and insufficient landscaping to minimize adverse impacts on adjacent residential land uses. Staff's opinion is that the project is premature based on the current circulation system. Based on the Planning Commission's recommendation for conditional approval, staff has prepared a draft resolution for approval that includes additional draft conditions as addressed in this report. Increasing the landscaping areas on the southern and westerly boundaries is not addressed in the draft conditions of approval, because the result would be reconfiguration of the site plan. If the Council determines that the application should be denied, staff should be directed to bring back a resolution for denial without prejudice. This would be a preferred action versus continuance off calendar, due to Permit Streamlining Act time limits for action on the application. The Mitigated Negative Declaration/ Initial Study and Mitigation Monitoring Program for the proposed project have been revised to require that the solid double lines and island chevrons be extended past the westerly property line of the proposed project to prohibit left -turn movements directly into the site from westbound Los Angeles Avenue, and to require completion of the Shasta Avenue signal construction and widening along the south side of Los Angeles Avenue between Shasta Avenue and the project site prior to approval of Zoning Clearance for grading and building permit. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for the requested entitlements prior to making a decision on the project. Honorable City Council January 16, 2002 Meeting Page 10 3. Direct staff to prepare a resolution for denial of the project without prejudice for the reasons discussed in staff report. Attachments: 1. General Plan and Zoning Maps 2. Project Exhibits 3. Planning Commission Staff Reports of June 11, 2001, July 9, 2001 and August 27, 2001 4. Planning Commission Resolution 5. Mitigated Negative Declaration, Initial Study and Mitigation Monitoring Program 6. City Council Draft Resolution including Conditions of Approval 10000 ,71 m H T -V I A 41 1 a F7E CR VERSY NAT GRADE ;XISTING COMMgRCIAL (GAS STATION t CARWASN) ADJACENT ��,�© .JY :..Jai:': _.:._ ._.•..........- _�..._.: I E'31t 3i ni� 171'L �Y1Ytr: t cam 1_ .A 'Vf ip iri ME All No n ,. ma (D � ilt@tltNf� r m I Kim r SCALE: 1- 16' -O- m � — (D PARKING REQUIREMENTS PROJECT SUMMARY I I ESN a .rr I nrr .J1t ! 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V-O" PLAN ©dg S FRONT F1 FVATION (FAST) SCALE: I /$' - I' -C' A/ "Am*' RLGtLLSINF F1 EVATION (NORTH) n SCALE' I/M' O EXTERIOR FINISH SCHEDULE ®�-YAIDMN/fMSI -CCLN M1nm%pvm4 a 111tom Cncllf HASID- Uw, oAMl ,wfT of mum CEhol HASID w SAOtSK a DMMMM- Uwf DASI f" W GSM MMLAIiD MASS M ALUMM STWgIt STSrtM b M m METAL Com AO MA W& MSGllN[NR mu p uwI MP^ ISC GLC01" CIUMMCM I1 S' "Im REVEAL IM MT Mt Coarm IS CAMTAS A." » Nola, sm DuwaAa it MMM SMTTI14 Cum A I.Art rta N IrD MAOMOMCUM S OMC1T c W DAM nwa AMDOao C CMORA I TC MAIN A *aftf M WACC N DIM IDMAMi MC - Ut Tool C K loss C GIN w"m - WT PAL / 4 IONS M CMN WHAMS - MJTIMC S 1 K MY S DIM CCMAMS - MR.= CAM/ K Slt M Y MCA GAT MOPG ISS - WIN Mf - CD7p 20M CG DAM M MM M., MS - RD MCI[ / K IMT MIQF_URNCII ILVATMI I. ALL SCUM AD LID b tPW KPARAIC SIMrRK NO rOMMT (MIC.) 2 CA - K"" COMM imt ' ASM{M�LM(AM1Q(fAp1GM AC flod11lM1 . KSSry/tGS1[MK M :� CMHA�AfpL 1 OSLiC 9WlM[.N1D1G 41H gMmrt % ymm MGMwK IAyILM uM w>fa. I�9AM IA. Mma. u Mla 'rMwrr� :st.v..l. G G J ,rJ U ■I a r z r 7 P .OlMls MC �]! nC.a �[ 1 tO� Ci • i Mm�rc tIMA C. s•T. w • ti i ELEVATIONS A7 I BEAR ELEVATION (SOUTH) n SCALE 1 /Y' I FFT SLQ 1' I SCALE' 1 /Y' -O' AI 8' 16' 0S� tr s EXTERIOR FINISH SCHEDULE YA07VAAtMl1 —Caa MIL_IYIMlOW" a M11EIYm CMM/1I MASTER- LWI OAS" I" 07 CXIER A CEND:"I "nit O" lACVIlK Or OM&PS- Upf DAlI !Yell 07 CLEAR MSIAAIEO QAlS 0 ALUAMW STOWMMI SnMV 01 HOLLOW 1(IAL COWS AND 111AKS, W30ELLAME 11Y 00 UWI !IOM• n OEC00GL DRA11I10S 11 i RASIU 0[S(AL I0 CLAY OU 00OM 1Y CANVAS A01WK 70 votmair Im mA1OlAt T Yom 9wnm CoL44 A -9 NEI CM YID OAMIO1OAO 0 OWL" C IIO DAM AMR MI0O7m E CCLOIIAtvm III MAIN AO0ami SU01ACE H OUM MANS - Ulu 10911 OC 1070 J MM EXAM - IM PILL I VE ME K AOYI EMAX - MYf1[0 0 / DE 1051 L DIAw EXAM - 94DMM DAME I OC 710 Y MCA CLAY Y0O010 1{S - VIM MI - CCIM IOM OAME M mm OWWAIDM - 1Y0 mg / K 1011 MT; Q101YOIL M"AIMM 1. ALL IMAQ AM LSO R UOIA SE►AYAR 9UIY1fAL NO /MYI puC► 1 CA . YLASIIl CMMM JO"1 3 M R ) .0.O A,S 0a1 MA C EX S OIL K P.IM 10 WIM 0.10, A. ALL E ILMIM~RMJUI MDRS. MO4 M:Am Iq 0O1K OO �D ITEM U - R..:.. City of Moorpark Community Development Department Staff Report PLANNING COMMISSION MEETING DATE: June 11, 2001 CPD 2000 -02 Commercial Planned Development Permit for a Jack -in- the -Box Restaurant with drive - through service office /retail building APN 506 -0 -05 -050 ICEQA Mitigated Negative Declaration APPLICANT: Jack -in- the -Box Restaurants and Acres Realty REQUEST: Commercial Planned Development Permit for a Jack- in -the- Box Restaurant with drive - through service and a two story office /retail building. The Planning Commission action is a recommendation to the City Council, who will take the final action. ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration has been prepared and is subject to the recommendation of the Planning Commission and final action of the City Council. LOCATION: The proposed project is located on the south side of Los Angeles Avenue one property west of the southwest corner of Los Angeles Avenue /Liberty Bell Road, north of the Arroyo Simi. HERTZ AVM ;v� SITE MAP LW s ; = 300 U.SSE J .: TEJEf4� 3�.: -'i LLJ UA `( AV A11' 6 ? 7 011 'W1 PROPOSED SITE? J`i Utz I DOS AV SEE `',,Ai E3 P."tyITA, CiR —1 �t VIte.A rY4t4SihlA AV RECOMMENDATION SUMMARY: Recommence to the uizy council Approval wizn conditions. \ \MOR PRI SERV \City Share \Community Development \Everyone \Planning Commission Agenda Reports \jackinbox.perpt6.11.01. AITAC H M E N T. 000092 Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 2 BACKGROUND AND PRIOR ACTIONS: No development permits have previously been approved on this site. However, a minor lot line adjustment (LLA97 -01) was approved on June 4, 1997 for the purpose of increasing the size of the property to the east to accommodate the existing development (gas pumps /mini- mart /car- wash /oil lube facility). ORDINANCES AND POLICIES: Section 17.20.060 of the Zoning Ordinance requires the filing and approval of a Commercial Planned Development Permit for the construction of buildings in the CPD (Commercial Planned Development) zone. Section 17.24.020B of the Code sets forth the criteria for setbacks, height limitation, etc. Chapter 17.32 of the Zoning Ordinance establishes standards for parking and landscaping. Section 17.36.040 establishes general standards for commercial zones. GENERAL PLAN /ZONING DESIGNATION: Direction Gen.Pln Zoning Land Use Site: C -2 CPD Undeveloped North: C -2 CPD LA Ave and Commercial South: VH RPD Approved compact lots /SFD East: C -2 CPD Car wash /gas station & minimart West VH RPD Approved compact lots /SFD Definitions: . VH (Very High Density Residential -15 units /acre maximum), RPD (Residential Planned Development) C -2 (General Commercial), CPD (Commercial Planned Development) PROJECT DESCRIPTION: The Commercial Planned Development Permit process for CPD 2000 -2 will establish the design and control for this proposed 2,868 square foot Jack -in- the -Box restaurant with drive - through service and the proposed 17,196 square foot two story retail /office building. No outside seating is proposed for the restaurant. A thirty six (36) foot wide curb -cut is proposed at the west side of the property directing access into the site via an on -site driving aisle which will parallel Los Angeles Avenue to approximately the center of the development where it will turn to the south and provide access to the proposed buildings and parking. In addition, Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 3 there is a fourteen (14) foot wide one -way access from the existing car -wash located east of the property onto this site. The proposed Jack -in -the -Box restaurant has overall dimensions of approximately 80 feet by 35 feet while the dimensions of the retail /office building are approximately 60 feet by 150 feet. The architectural style of this project is a French Provincial design with detailed features, including wood shutters, reveals, canvas awnings, clay tile roofing, wrought iron accents with various color combinations to vary the appearance. A more detailed discussion regarding architecture and design can be found later in this report. Entry to the drive - through will occur from the proposed curb -cut on Los Angeles Avenue, turning southerly through the parking lot between the proposed Jack -in- the -Box restaurant and the retail /office building to the southeast corner. The drive - through exits at the northeast corner of the site through a one -way drive aisle west to the curb -cut located on the northwest corner of the site. Stacking within the drive aisle will accommodate approximately eleven (11) automobiles without interfering with internal circulation. A menu board and speaker is located approximately 95 feet from future single family homes abutting the south property line. Parking (including 2 handicapped parking spaces for each building) is located between and to the rear (south side of parcel) of each of the two buildings. One trash enclosure for each building is located adjacent and on the south side of the buildings. Staff has included a condition requiring that the trash enclosures be provided with pedestrian access, covered and screened. Public entrances to the Jack -in- the -Box restaurant take place at the front of the building (west elevation) and from the north side of the building. Public entry to the office /retail building downstairs lease spaces will be from the front (east elevation) while access to the second story will be provided by stairways at both the north and south side of the building as well as by an elevator located on the south side of the building adjacent to the proposed loading area. Decorative balcony treatments are proposed which will be non - functional, but will serve to enhance the French Provincial architectural theme. Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 4 The following are the site specifications for this proposed development: Gross Acreage of Parcel Gross Floor Area Percent of Land Covered by Percent of Land Covered by Percent of Land Covered by Percent of Land Covered by Aisle &Driveway Percent of Land Covered by and Drive - through aisles, Gross Floor Area: Buildings Landscaped Areas Parking Area Entry Cross Access 73,100 sq. ft. 19,728 sq. ft. 15.70 15.70 47.7% 6.7% Walks, Trash Areas, not in parking areas 14.20 Jack -in- the -Box 2,868 sq. ft. Retail /Office Building First Floor 8,633 sq. ft. Second Floor 8,563 sq. ft. Total Floor Area 20,064 sq. ft. DISCUSSION: Site Description: The subject site is a rectangular shaped parcel, with overall dimensions of approximately 340 feet (deep) by 215 feet (wide). The site is presently undeveloped and has exposed soil with little or no vegetation. A twenty -four (24) inch diameter piece of corrugated metal pipe is located in the south central portion of the site. The pipe is partially buried and may be part of a desilting basin structure. Site topography consists of relatively level terrain, dipping downward slightly to the east and south. Parking: Section 17.32 of the City's Municipal Code (Parking, Access and Landscape Requirements), establishes parking and landscaping requirements for commercial and industrial projects. As shown below, this proposed project has a total of eighty eight (88) parking spaces which exceeds the minimum number of parking spaces required (86 parking spaces required). The following are the parking requirements for the project: 00,0095 Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 5 Proposed Use Parking Required Proposed Spaces Fast Food Restaurant (1 /100 sq. ft.) 29 30 Retail /Office Bldg. (1/300 sq. ft.) 57 58 Total Parking Spaces 86 88 Loadina Area: Section 17.32.090 of the Zoning Ordinance requires that commercial developments over 3,000 square feet be required to have a loading zone unless otherwise waived by the Director of Community Development. For this project, a loading zone (13 feet wide by 50 feet long) is provided at the southerly side of the proposed retail /commercial building. Although the Jack -in- the -Box does not show a formal loading zone, the applicant has indicated that loading typically takes place at the rear of the building in the drive aisle located approximately twenty eight (28) feet west of the drive - through lane. The loading in this area. The plan has been designed to accommodate truck turning movements in this area. Landscaping Along Los Angeles Avenue Section 17.24.020B of the Zoning Ordinance requires a minimum thirty (30) foot building setback from four lane arterial streets with a minimum of ten (10) feet of landscaping along the street frontage. As proposed, this project provides an average of thirteen (13) feet of landscaping adjacent to an eight (8) foot wide sidewalk and curb along the Los Angeles Avenue. Although the applicant's proposal meets the minimum Code requirement, it is inconsistent with the streetscape along the southerly side of Los Angeles Avenue for other commercial and residential projects in the adjacent area. Both the Burger King Restaurant as well as the car - wash to the east of this site have installed a minimum of twenty (20) feet of landscaping behind the sidewalk. The approved residential project to the west (RPD 96 -1 - Pacific Communities) will be providing approximately an eight (8) foot landscaped parkway, a six (6) foot sidewalk and approximately another eight (8) feet of landscaping behind the curb adjacent to a decorative sound wall. This proposed landscaping treatment along Los Angeles Avenue is not consistent with the landscaping standard of previously approved developments in the adjacent area. In order to maintain consistency with other developments and maintain an adequate Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 6 landscaping buffer along the that the site plan be modified of twenty (20) feet along the in a reduction in the size of both buildings. Site Landscaping: street frontage, it is recommended to provide a minimum landscape area street frontage. This could result the proposed building footprints for Approximately 15.7 percent of the site is covered by landscaping which exceeds the ordinance requirement. As proposed in the conceptual landscape plan, fifty seven (57 %) percent of parking lot area will be under canopy coverage. Mounded landscaping should be provided along the Los Angeles Avenue street frontage in order to be consistent with other developments along Los Angeles Avenue and to soften the view of the parking area. A condition to require mounding has been included as a condition in the attached draft resolution. The site plan shows a property line wall along both the southerly and westerly property line to be constructed by the adjacent property owner as part of the previously approved residential development projects (Residential Planned Development Permit Nos. 96 -1 and 99 -4 - Pacific Communities). A condition of the Residential Planned Development Permit required the construction of an eight (8) foot high wall adjacent to this commercial development. Should the residential project proceed prior to the commercial development, the wall will be completed prior to construction of the residences. However, if this proposed commercial development precedes development of the residential projects, the developer of the commercial site should be responsible for construction of the wall. Therefore, it is suggested that the developer of this project be conditioned for construction of the wall consistent with Section 17.32.080 of the Zoning Ordinance if the project precedes the residential developments. This will ensure that the first property to development will complete the property line wall establishing the required buffer between dissimilar land uses. Buildina Heiaht: The criteria contained within the development standards in Section 17.24.020B limits building height in the CPD zone to thirty five (35) feet without approval of a Planning Commission approved Conditional Use Permit. The maximum height to the top of the tower element of the Jack -in- the -Box Restaurant is 23 feet 10 inches and 000097 Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 7 the height of the two -story retail /office building is 35 feet 10 inches to the top of the tower element. The roof height of a pitched roof is determined by the "average midpoint ", therefore, the height of the two -story office /retail building is within the allowable height limit stated in Section 17.36.030 of the Zoning Ordinance. Setbacks: Section 17.24.020B of the Zoning Ordinance requires a minimum five (5) setback for commercial developments adjacent to residential uses and a thirty (30) foot building setback from any streets shown on the Circulation Element to have four or more lanes. The minimum setback from the front property line to the building exceeds forty (40) feet, while the setback along the west and south property lines adjacent to the proposed residences is ten (10) or more feet which is consistent with the Ordinance requirement. A potential issue between the office /retail building and the residential development to the west is that there are windows on the second story of this proposed building overlooking the approved residential project. This has the potential of creating a privacy issue due to the limited lot size and proximity to the common property line of two story homes which have 10 to 15 foot rear yards. Although the proposed property line wall is eight feet high, the presence of windows along the second story rear elevation of the office building will infringe on the privacy of the adjacent residents. This issue can be adequately addressed in a number of ways such as limiting the sill height of the window to six (6) or more feet, requiring a tree canopy adjacent to the westerly property line, etc. Architectural Style: The French Provincial architectural style of the proposed two -story office /retail structure is generally well executed although some coloration and window changes would be appropriate along with additional architectural detail. As expected, the architectural features and coloration appear to have been selected to blend with the Mediterranean and Spanish architecture of the adjacent commercial centers. Unfortunately, because of the color and material similarities with adjacent development, it is difficult to create an identity except through signage and the use of overly bold and out of place colors such as red awnings. Minor changes to the features noted above will result in a development which is 11' 0 a Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 8 compatible with adjacent development, yet distinctive enough to create its own identity. The office building roof should incorporate roof tiles that are gray, brown, or variegated brown and tan in color in a flat configuration, rather than an "S" tile. The red awning should be removed in favor of a green or brown awning and the stucco should be a medium to dark tan color as contrasted to the Navajo White which is proposed. These proposed color changes may be accommodated within the color selection which has been submitted. Additionally, the gable and hip roof treatment which are an integral part of the elevation of the east wall of the building should also be integrated into the west elevation or a continuous hip roof should be provided to avoid the "movie set" backside architecture that will otherwise result. As noted earlier in the report, the sill height of the second story windows on the west side of this building should be raised to a minimum height of six (6) feet to maintain privacy in the rear yards of the adjacent future single- family homes. Also, there should be no ground floor access except as required by the Building Code in the west building elevation. Therefore, no lease space could be created with pedestrian access for customers adjacent to the west. Additionally, the ground floor awnings should include a slight arc above the window where they are attached to the wall to give more emphasis to the French Provincial architectural theme. The one -story Jack -in- the -Box structure should be similarly modified as recommended for the office /retail building. Retention of the Jack -in- the -Box trademark signage /logo is provided for by the Sign Ordinance. However, the other coloration and architectural detail involving roof tiles and red awnings as noted earlier in this report should be modified. Arched awnings (green or brown in color) should be used throughout except at the utility room doors on the south elevation where the straight awning would remain more in the scale for the elevation. Decorative integral sidewalk paving around the buildings where pedestrian use predominates together with a similar treatment through the parking lot to form a connection between the Jack -in- the -Box and the office building would be appropriate to enhance the feeling of an integrated commercial development. Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 9 Phasing of Development: The architecture of the fast food restaurant to some extent compliments the architectural style of the retail /office building. However, the design of the retail /office building contains several elements reflective of a French Provincial architectural style which when combined with modifications to the architectural elements of the restaurant complements the architectural styles of neighboring commercial developments along Los Angeles Avenue. There is a concern that if the restaurant is built without the office /retail building, the desired architectural effect for the site may not be what decision - makers envision for the community and may result in a less than desirable end product as elements such as site design including circulation, landscaping and architectural cohesiveness may be compromised. In order to ensure the development of an integrated project, construction of both buildings should take place at the same time. This would ensure long term continuity of the architectural design, integration of the site plan, and provide for an integrated development. Therefore a condition requiring that development of this project occur in one phase or if phased that the office /retail building comprise phase one has been included in the draft resolution. Site Improvements and National Pollution Discharge Elimination Standards Requirements ( NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System ( NPDES) requirements. "Passive" Best Management Practices.Drainage Facilities are required to be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The City Engineer has indicated that in order to adequately address this requirement, the existing site plan may need to be substantially modified from it's current configuration because of the need for large landscaped grass areas to provide a passive filter to meet NPDES requirements. Traffic: A Traffic Study dated January, 2000, was conducted by Thomas Montgomery, and Associates to determine the potential impacts Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 10 associated with the additional traffic created by this project. According to the Traffic Analysis, the project will generate approximately 1900 vehicles per day with approximately 64 percent of the traffic being new traffic on the "study area street system ". The study concludes that the street system in the vicinity of the site is now operating at acceptable levels of service except at Los Angeles Avenue /Tierra Rejada Road - Gabbert Road during the afternoon peak and Los Angeles Avenue /Spring Road during the morning peak. The minor congestion at Los Angeles Avenue and Spring Road during the morning peak would not be significantly changed by the addition of traffic generated by this project. At total cumulative traffic demand levels in the year 2010, both the intersections of Los Angeles Avenue /Moorpark Avenue and Los Angeles Avenue /Spring Road are projected to be operating slightly in excess of design capacity during a typical weekday afternoon commuter peak travel period. Site generated traffic would not significantly contribute to the future traffic conditions. Therefore, it was concluded that the additional traffic that would be generated by the subject mixed -use development would not have any significant effect on the existing or future operation of the street system serving the study area. Air Quality: According to the Air Pollution Control District, this project will not result in a potentially significant impact on regional air quality, and contribute air pollutants to the air basin. A condition has been included in the draft resolution for the project consistent with conditions required on similar commercial projects within the City. The recommended condition requires a contribution to the Moorpark Traffic Systems Management Fund to fund Traffic System Management air quality improvement programs. OTHER AGENCY REVIEW: All conditions of approval from Agencies and Departments that have reviewed the Commercial Planned Development Permit have been incorporated into the Conditions of Approval for CPD 2000 -2. GENERAL PLAN CONSISTENCY: The General Plan designation is C -2 (General Commercial) which is consistent with the existing CPD (Commercial Planned Development) zoning of the property. The development of a fast -food restaurant including drive - through and office /retail building is considered consistent with this existing land use designation. 00034601 Planning Commission Staff Report Commercial Planned Development Permit No. 2000 -2 June 11, 2001 Page No. 11 ENVIRONMENTAL DETERMINATION: Pursuant to California State law, an evaluation has been conducted to determine if the proposed project will have a significant effect on the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment; therefore a Mitigated Negative Declaration is intended to be adopted in compliance with the State of California Environmental Quality Act Guidelines. RECOMMENDATIONS: 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for the requested entitlements prior to making a recommendation to the City Council. 3. Adopt Resolution No. 2001- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2000 -2. ATTACHMENTS: 1. General Plan 2. Zoning Map 3. Project Exhibits 4. Initial Study and Mitigated Negative Declaration 5. Draft Resolution including Mitigation Monitoring Plan 000102 MEN DOW am I�IiJ:�llt /•G� It� 7P� • •' • I gall ITEM City of Moorpark Community Development Department Planning Commission Staff Report DATE OF MEETING: July 9, 2001 (Continued from June 11, 2001 - Public Hearing open) CPD No. 2000 -02 Commercial Planned Development Permit for a Jack -in- the -Box Restaurant with drive - through service office /retail building. IAPN 1506-0-05-050 ICEQA __7 Mitigated Negative Declaration APPLICANT: Jack -in- the -Box Restaurants and Acres Realty REQUEST: Commercial Planned Development Permit for a Jack- in -the- Box Restaurant with drive - through service and a two -story office /retail building. The Planning Commission action is a recommendation to the City Council, who will take the final action. ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration has been prepared and is subject to the recommendation of the Planning Commission and final action of the City Council.. LOCATION: The proposed project is located on the south side of Los Angeles Avenue one property west of the southwest corner of Los Angeles Avenue /Liberty Bell Road, north of the Arroyo Simi. RECOMMENDATION SUMMARY: Recommend to the City Council Approval with conditions. \ \MOR PRI SERV \City Share \Community Development \Everyone \Planning Commission Agenda 000105 Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc SITE MAP 10° " DAB10I i Poindexter �j CT AVE. OMAR Park IJ < < Veterans Chaparral z (n SECOND so Memonol Mddk o fRb LASSEN AVE I AyF School �o THIRD ST t ` Post Office � HERTZ ST 3 zo Y Police = SEN Reso � z CHALLENGER m < _ �+ AVE 3 " Mission Bell Ctr Plaza Center p < ROBE CT TEJE 5T .Town 3 Chamber o Flory ESTH D 'SCOVFRY Q EVEREST AVE cof School SHER. ° < AVE Veterans Memorial Retail Village � Moorpark Unified z Auto Center School District m UN A VE o z ¢ x WEAK AV = CAMPESINA MAJESTIC CT RECOMMENDATION SUMMARY: Recommend to the City Council Approval with conditions. \ \MOR PRI SERV \City Share \Community Development \Everyone \Planning Commission Agenda 000105 Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 2 BACKGROUND AND PRIOR ACTIONS: This item was heard by the Planning Commission on June 11, 2001, and continued to July 9, 2001, to allow staff and the applicant additional time to resolve circulation, landscaping and building design issues, prior to the Planning Commission making a recommendation to the City Council. DISCUSSION: The primary focus of the Planning Commission's discussion on June 11, 2001, related to the issues noted above, which have been addressed by the applicant in the revised site plans and elevations attached to this report and evaluated as follows: Landscaping Along Los Angeles Avenue The initial site plan reviewed by the Planning Commission on June 11, 2001, included thirteen (13') feet of on -site landscaping along the public right -of -way of Los Angeles Avenue. Staff commented that twenty (20') feet was the standard for other similar projects on Los Angeles Avenue and an increase in the dimension of the landscaped area was appropriate. The revised plan illustrates a landscaped area that varies in width from fifteen (15') feet at the west end of the site where the access driveway to the parking lot is located, to twenty (20') feet in front of the Jack -in- the -Box, extending to the east property line. All landscaping is noted as on the development site. As previously noted, the adjacent residential project to the west (Pacific Communities, Residential Planned Development No. 96 -01) is required to install an eight (8') foot, landscaped parkway adjacent to the curb, a six (61) foot sidewalk and an additional eight (81) feet of landscaping adjacent to the project sound attenuation wall. A transition of the landscape cross - section would take place within this project as the sidewalk will move from a point next to the curb on the Mobil Station, to eight (8') feet behind the curb on Pacific Communities. The applicant has also addressed the issue of pedestrian movement onto the site from the west by incorporating a sidewalk at the west property line, west of the curb cut and driveway apron into this site. In addition, colored stamped concrete has been added at the driving aisle adjacent to the street. S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 3 Staff continues to support a minimum of twenty (201) feet of on- site landscaping along the Los Angeles Avenue frontage. Applicant's proposed modification to the landscaping along Los Angeles Avenue is not consistent with the landscaping standard of previously approved developments in the adjacent area. In order to maintain consistency with other developments and maintain an adequate landscaping buffer along the -street frontage, it is recommended that the site plan be modified to provide a minimum on -site landscaped area of twenty (201) feet along the Los Angeles Avenue street frontage. Building Height The height of the buildings was another concern of the Planning Commission, which has been addressed by the applicant. The height of the retail /office building, especially as it impacts future residential development to the west, was a concern of the Planning Commission. The original height'of the proposed structures to the ridgeline of the various tower elements was 3619" - which has been reduced by eighteen (18 ") inches to thirty -five (35') feet. These tower elements which are on the east side of the building would have only a minimum impact on the residential project. On the west elevation there was a tower element only at the north center of the retail /office building at a height of 3619" which has been reduced in height to approximately thirty -four (34') feet. The remaining initial west elevation involved a parapet wall with the top of the parapet at 2716 ". This wall /roof design has been replaced by a combination of tower elements and a shed roof that has a facia element at approximately twenty -two (22') feet with a ridgeline height of approximately 2516 ". Additionally, to respond to concerns about the west elevation architecture, four (4) tower elements have been added with hip roof design and a ridgeline height of approximately thirty -two (32') feet. Although some increase in the height of various elements of the building has taken place, other elements have been included or reduced in height, which results in a more pleasing elevation less monolithic in appearance. Architectural Style As shown to the Planning Commission on June 11, 2001, the architectural features and coloration appeared to have been selected to blend with the Mediterranean and Spanish architecture S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc 000107 Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 4 of the adjacent commercial centers, which made it difficult to achieve a sense of individual identity except through signage and the use of overly bold and out -of -place colors, such as red awnings. Staff recommended minor changes including: • Incorporation of flat roof tiles that are gray, brown, or variegated brown and tan in color. • Green or brown awnings. • Medium to dark tan building color as contrasted to the Navajo White. • Incorporation of the gable and hip roof treatment into the west elevation or a continuous hip roof. • Increase in the bottom sill height of the second -story windows on the west side of the retail /office building should be raised to six (6') feet minimum to maintain privacy in the rear yards of the adjacent, future, single- family homes. • Ground floor awnings to include a slight arc above the window where they are attached to the.wall to give more emphasis to the French Provincial architectural theme. As noted under the discussion concerning building height, several tower /roof elements with hip roof design have been added to the west elevation. Additionally, a shed roof element has been incorporated between the lower elements replacing the parapet, which incorporates more detail and a less imposing fagade as it slopes away from the adjoining future residential development. The applicant has also made the following modifications to the coloration and facade. The roof tile has been changed to a dark brown, flat, concrete tile' and the red awnings have been substituted with dark green, round, canvas awnings. The color palette has been modified for both buildings by providing a dark brown color base (Dunn Edwards Nutmeg TI -DE -1037) around the perimeter of the buildings to a height of approximately three (3') feet. The overall building color will be a light, yellow brown (Dunn Edwards Little Toot DE 1029) with the towers and wall elements beginning at the second story proposed with a color hue � f�:l S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 5 between the base and the walls (Dunn Edwards Buff Pill DE 1028). The Jack -in- the -Box has used this color only on the tower elements. An additional accent trim color has also been added to the fascia and parapet cap of the buildings (Dunn Edwards Wild Rone DE 1041) which is a very light chocolate color. Circulation The Planning Commission had significant comment and concern relating to on -site circulation and site access for the proposed uses; both of which are likely to generate substantial vehicle trips. The current proposal provides a connection between the subject site and the Mobil Station /Mini Mart to the east for traffic to travel in a westbound direction only from the gas station to this project. Absent this connecting driveway, the only access to the proposed project is through the curb cut proposed on Los Angeles Avenue. The Mobil Station Commercial Planned Development and Conditional Use Permit (CPD No. 97 -01 and CUP 97- 02) were conditioned to provide for cross traffic flow and sharing of curb cuts, but details of this circulation concept were not specified. The owner of the Mobil Station has been contacted on several occasions concerning the provision of access and circulation between that site and Jack -in- the -Box in the southerly portion of the site; however, this point of access has been declined thus far. During the June 11th hearing, the Planning Commission heard reference by various speakers concerning the content of the recorded document that could provide access from Liberty Bell Road to the proposed Jack -in- the -Box site. A copy of the recorded agreement has been attached to this report. This agreement provides that adjustments in driveway locations on the Mobil Station site may take place, and requires relocation of the Mobil Station driveway on Los Angeles Avenue, such that one -half (1/2) of the driveway is on the Mobil Station site and one -half (1/2) is on the Jack -in- the -Box site. Based upon this recorded document, no other internal connections are required. This development site, because of the limited access may not serve well as a location for a fast -food restaurant. Traffic demand is usually high and access from many directions is usually preferred. The striping plan submitted together with the other project revisions discussed in this report has been analyzed by the City Engineer, who has provided the following comment: OOOJL09 S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 6 Unless the traffic striping is changed, it would be possible for westbound Los Angeles Avenue (SR 118) traffic to make a left -hand turn into the project. This is highly undesirable because the left turning traffic has no turning pocket or lane to decelerate in prior to turning left. This would necessitate the left turning vehicle to decelerate in the westbound number one (most southerly) lane. This circumstance will significantly increase the potential for traffic accidents caused by through traffic overtaking and striking turning vehicles from behind. To avoid this potential traffic problem, the solid double lines and island chevrons should be extended well past the westerly property line of the proposed project. If this is done, the westbound Los Angeles Avenue traffic wishing to enter the site will have to continue westerly to Shasta Avenue (future signal), execute a u -turn and return to the site as eastbound traffic. Although the travel to Shasta Avenue and the u -turn movement will consume a portion of the traffic capacity of Los Angeles Avenue, the u -turn will be a protected movement and should not impact traffic safety any more than the increment in traffic congestion that it will cause. In addition to the above comments, it is recommended that the cross parcel driveway proposed near the Los Angeles Avenue right -of -way be eliminated because of the significant potential for traffic conflicts on both commercial properties, as well as on the public street. As noted earlier, traffic flow was east to west only, and movement through this connecting drive could encourage vehicles to travel through the Mobil Station from Liberty Bell Road to get to Jack -in- the -Box or the retail office building. At this time, since the Mobil Station owner will not provide any other point of access from Liberty Bell Road, the Planning Commission must decide if direct access only from Los Angeles Avenue is sufficient for the proposed commercial uses. Staff has concluded that the situation is marginal, and that many u -turns will take place at the future signal at Shasta Avenue, and that westbound vehicles on Los Angeles well attempt left turns onto the site. As this project is currently proposed, and based upon closure of the connecting driveway between Jack -in -the Box and the Mobil Station, and if the center median (no turns allowed) is extended to the west on Los Angeles Avenue, access to this site will be extremely limited, especially for uses which typically depend upon high traffic counts. 0001OLI0 S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc Planning Commission Staff Report - Jack -in- the -Box Commercial Planned Development Permit No. 2000 -02 July 5, 2001 Page No. 7 Miscellaneous Changes Included in the June 11th staff report was a recommendation for decorative paving to be installed at strategic locations to tie the center together, especially for pedestrian movement. Decorative paving has been included on the entrance drive parallel to Los Angeles Avenue and should also be included in front of the buildings and as a crossing between buildings for pedestrian movements. The applicant has responded to concern for privacy within the adjacent future single family residential project by illustrating that the bottom sill height of the second story offices in the westerly building will be a minimum of six (6) feet above the finish floor level. ENVIRONMENTAL DETERMINATION: As noted by the June 11th staff report, an environmental determination has been prepared for this project consistent with the California Environmental Quality Act (CEQA) , and a Mitigated Negative Declaration has been prepared based upon the fact that this project will not have a significant effect on the environment. The previously prepared environmental documents should be referred to and considered prior to making a recommendation to the City Council concerning this proposed project. RECOMMENDATIONS: 1. Accept additional public testimony and close the public hearing. 2. Consider the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for the requested entitlements, prior to making a recommendation to the City Council. 3. Adopt Resolution No. 2001- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2000 -02. ATTACHMENTS: 1. General Plan Map 2. Zoning Map 3. Revised Project Exhibits, 4. Copy of Access Agreement. 5. Draft Resolution including dated July 3, 2001. Mitigation Monitoring Plan. 000111 S: \Community Development \Everyone \Planning Commission Agenda Reports \070501 Jack in the Box Staff Report - CPD No. 2000- 02.doc -��F CITY OF MOORPARK PLANNING COMMISSION AGENDA REPORT TO: The Honorable Chairman and Members of the Planning Commission FROM: Wayne Loftus, Director of Community Development, DATE: August 24, 2001, (PC meeting August 27, 2001) SUBJECT: Consider Continued Public Hearing on Proposal to Develop a Jack -in- the -Box Drive - through Restaurant and Two -story Office Building (Commercial Planned Development No. 2000 -02) on the South Side of Los Angeles Avenue, West of Leta Yancy Road (APN 506 -0 -05- 050) - Jack -in- the -Box Restaurants and Acres Realty; Applicants BACKGROUND This item, which was continued to this meeting from the Planning Commission meeting of July 9, 2001, was previously also heard by the Commission on June 11, 2001. The continuance to this date was directed by the Planning Commission to allow staff the time needed to further evaluate access to the proposed site with particular focus on the opportunity to achieve access across the adjacent parcel to the east of the subject site. At the Planning Commission meeting of July 9, 2001, the Commission illustrated concern relating to the lack of an access opportunity for traffic approaching this commercial site from all directions and discomfort with a second curb cut onto Los Angeles Avenue or joint access at Los Angeles Avenue with the adjoining gas station. The Commission requested that staff further evaluate an agreement for access (Attachment 1) that has been recorded between the owners of the sites involved which includes the adjacent gas station and at the time (August 1998) the subject property and an additional five (5) acres, south of S: \Community Development \Everyone \In Process Documents \Jack In The Box Stf 000112 Rpt 82701 PC.d1.82301.doc Planning Commission Agenda Report Jack -in- the -Box Drive - through Restaurant August 27, 2001 Page 2 the Mobil station and this potential Jack -in- the -Box site. This driveway location agreement has been further analyzed by the City Attorney as to its affect on both Parcel B (gas station /mini -mart) and the subject property proposed for a Jack - in- the -Box (Parcel A). Additionally, staff has clarified concerns about a joint use driveway between the two (2) parcels at the Los Angeles Avenue frontage. (Reference to Attachment 2.) DISCUSSION Staff has been able to talk to the City Attorney concerning the recorded agreement for curb cut and driveway relocation on the adjacent developed commercial site, where a gas station /mini- mart, car wash and lube facility are located. In response to staff questions, the following conclusions' are provided concerning details of the agreement related to curb cut and driveway locations signed by Gharebaghi and Sheshebor (Attachment 1): • The southerly curb cut /driveway was intended to straddle the property line between the gas station site and the adjacent property to the south, which was at the time, part of the property proposed for Jack -in- the -Box. At the time the property was panhandle in shape. The southerly property and the Jack -in- the -Box site were separated from each other through a Lot Line Adjustment which included other property proposed for development by Pacific Communities. The segmentation of the parcels removed the basic premise that the driveway would straddle Parcels A and B. As a result, the agreement concerning the south curb cut access driveway no longer has standing. • The westerly curb cut /driveway relocation at Los Angeles Avenue that is referenced to serve (straddle) both Parcel B (gas station) and Parcel A (Remaining portion is proposed for Jack -in- the -Box) has been addressed by staff and the Commission in the public hearings, noting the potential for conflicting traffic movements and consideration for controlling directional traffic flow. The attached letter to Jack -in- the -Box (Attachment B) clearly states concerns of staff relative to the joint curb cut on Los Angeles Avenue and as a result staff is unable to support the request by Jack -in- the -Box for this second point of access. S: \Community Development \Everyone \In Process Documents \Sack In The Box Stf Rpt 82701 0001103 PC.dl.82301.doc Planning Commission Agenda Report Jack -in- the -Box Drive - through Restaurant August 27, 2001 Page 3 • Based upon the language in the referenced agreement, the City Engineer and the Director of Community Development, under provisions of the agreement, have. the discretion concerning relocation of the driveways /curb cuts which would prevail even if the developer of Parcel A requested a relocation or owner of Parcel B was reluctant. However, because the City is not a signatory to the agreement, there is no obligation for the City to pursue the curb cut relocation if requested to do so by a future developer. Based upon the above factors which may result in only one (1) access point to serve a significant vehicle - oriented use and the potential for increased congestion at a major circulation corridor (Los Angeles Avenue) that will likely result from unauthorized and confusing traffic movement for westbound vehicles, this project should not be recommended for approval. There does not appear to be any design alternatives, except the possible placement of the driveway at or near the center of the Los Angeles Avenue frontage which may improve on -site access and circulation. This option has previously been evaluated, however there was not adequate stacking area near Los Angeles Avenue to insure avoidance of vehicles blocking the travelway. This approach however does not address the question of access for westbound traffic that would be precluded from taking access to the site through left turns across the Los Angeles Avenue median. Should the Planning Commission conclude that this project be continued for additional review, specific direction to staff would be appropriate. Recommendations for denial will require a modified resolution from that previously prepared and direction concerning findings should be considered. However, if the Planning Commission concludes that a recommendation of approval is in order, the attached resolution with some modifications, together with the Conditions of Approval (minor changes may be needed) would be viewed as suitable. STAFF RECOMMENDATIONS 1. Accept public testimony; close the public hearing. 2. Consider the Mitigated Negative Declaration prior to making a recommendation. 0®0114 S: \Community Development \Everyone \In Process Documents \Jack In The Box Stf Rpt 82701 PC.d1.82301.doc Planning Commission Agenda Report Jack -in- the -Box Drive - through Restaurant August 27, 2001 Page 4 3. Direct the preparation of a Resolution recommending to the City Council denial of Commercial Planned Development No. 2000 -02, based upon inadequate access and circulation and other findings as may be appropriate. Attachments: 1. Curb cut /driveway agreement. 2. Letter - Michael Palmer, dated 8/16/01. 3. Staff Report /Resolution packet prepared for Planning Commission meeting of July 9, 2001. 4. Mitigated Negative Declaration. S: \Community Development \Everyone \In Process Documents \Jack In The Box Stf Rpt 82701 000115 PC.d1.82301.doc RESOLUTION•NO. PC- 2001 -411 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -02 ON THE APPLICATION OF JACK -IN- THE -BOX RESTAURANTS AND ACRES REALTY LOCATED ON THE SOUTH SIDE OF LOS ANGELES AVENUE NORTH OF THE ARROYO SIMI, WEST OF LIBERTY BELL ROAD. (ASSESSOR PARCEL NO. 506 -0 -05 -050) WHEREAS, at duly noticed public hearings on June 11, 2001, July 9, 2001, and August 27, 2001 the Planning Commission considered Commercial Planned Development Permit No. 2000 -02 on the application of Jack -in- the -Box Restaurants and Acres Realty for a 2,868 square foot Jack -in- the -Box Restaurant with drive - through service and a 17,196 square foot two story retail /office building located one (1) property west of the southwest corner of Los Angeles Avenue /Liberty Bell Road (Assessor Parcel No. 506 -0- 05 -050; and WHEREAS, at its meetings of June 11, 2001, July 9, 2001 and August 27, 2001 the Planning Commission conducted public hearings, received public testimony and continued this item hearing open each succeeding meeting and on August 27, 2001, closed the public hearing; and WHEREAS, the Planning Commission makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The Mitigated Negative Declaration /Initial Study and Mitigation Monitoring Program for the project is complete and has been prepared in compliance with CEQA, and City policy. 2. The contents of the Mitigated Negative Declaration/ Initial Study and Mitigation Monitoring Program have been considered in the various decisions on the proposed entitlement request. S:ICommunity DevelopmedEveryone\PC FINAL REAR 'ImMDM C A, T 4 000116 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 2 COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it has been determined that this application with the attached conditions meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: 1. The proposed use is consistent with the intent and provisions of the City's General Plan and Title 17 of the Municipal Code. 2. The proposed use is compatible with the character of the surrounding development. 3. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. 4. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character; and WHEREAS, the Planning- Commission after review and consideration of the information contained in the staff report, the Mitigated Negative Declaration, Mitigation Monitoring Program and public testimony, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby find that the aforementioned project is consistent with the City's General Plan. SECTION 2. The Planning Commission has received and considered the information contained in the Mitigated Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. S:1Community Development\EveryoneTC FINAL RES01pc 411 CPD 2000 -02.doc 000117 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 3 SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (Division 13) of the Public Resources Code of the State of California (beginning at Section 210001, the Planning Commission recommends to the City Council: 1. That the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this project has been completed in compliance with CEQA and State Guidelines. 2. That the Mitigated Negative Declaration and Mitigation Monitoring Program be adopted. 3. Approval of Commercial Planned Development Permit No. 2000 -02 subject to the conditions of Exhibit A (Conditions of Approval) and Exhibit B (Mitigation Monitoring Plan) to this Resolution. The action of the foregoing direction was approved by the following roll call vote: AYES: Commissioners DiCecco, Haller and Landis, Vice Chair Otto and Chair Parvin NOES: None ABSTAIN: None ABSENT: None PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF AUGUST, 2001. f 'Janice Parvin, Chair ATTEST: Deborah S. Traffenstedt Acting Community Development Director Exhibit A - Conditions of Approval Exhibit B - Mitigation Monitoring Program S:1Community DevelopmenftEveryone\PC FINAL RES01pc 411 CPD 2000 -02.doc 000118 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 4 EXHIBIT A TO APPROVING RESOLUTION CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -02 A. GENERAL ADMINISTRATION AND POLICY CONDITIONS: 1. Permitted Uses - This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location of all site improvements shall be as shown on the approved plot plans and elevations except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 2. Other Regulations - This development is subject to all applicable regulations of the CPD Zone, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. Discontinuance of Use - This Commercial Planned Development Permit shall expire when any of the uses for which it is granted is abandoned for a period of 180 consecutive days. 4. All final construction working drawings, grading and drainage plans, plot plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 5. Use Inauguration - Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one (1) year after this permit is granted this permit shall automatically expire on that date. The Director of Community Development may, at his or her S:ICommunity DevelopmentlEveryoneW FINAL RESO* 411 CPD 2000 -02.doc 000119 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 5 discretion, grant up to one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if Applicant can document that he has diligently worked towards inauguration of the project during the initial one (1) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) -days prior to the expiration date of the permit. 6. Abandonment of Use - Upon expiration of this permit, or failure to inaugurate the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable.' 7. Other Regulations - No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 8. Severability - If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 9. Permittee Defense Costs - The permittee agrees as a condition of issuance and use of this permit to defend, at his or her sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his or her obligation under this condition. 10. Zoning Clearance Prior to Building Permit - Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If an Applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this S:1Community DevelopmenAEveryonelPC FINAL RES01pc 411 CPO 2000 -02.doc 000120 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 6 development permit with a City approved Hold Harmless Agreement. 11. Zoning Clearance Required for Occupancy - Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed use(s) are compatible with the zoning and terms and conditions of the permit. 12. Certificate of Occupancy Requirement - No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Department. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the Applicant has provided a faithful performance bond. At the discretion of the Director of Community Development, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the City Council. 13. Loading and Unloading Operations - Loading and unloading operations shall not be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless approved by the Director of Community Development. 14. Tenant Occupancy - Prior to the occupancy, applicable proposed uses shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the Applicant shall prepare a hazardous waste minimization plan. 15. Change of Ownership Notice - No later than ten (10) days after any change of property ownership or change of S:ICommunity DevelopmentkEveryone\PC FINAL RESO1pc 411 CPD 2000 -02.doc 000121 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 7 lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 16. Other Uses - If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the CPD Zone and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. All applicable fees and procedures shall apply for said review. 17. Business Registration - Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 18. Acceptance of Conditions - The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 19. Fish and Game Requirement - Within two days after the City Council adoption of a resolution approving this Industrial Planned Development Permit, the Applicant shall submit to the City of Moorpark a check for a single fee of $1,250 plus a $ 25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089; and (b) Fish and Game Code Section 711.4; (c) the project is not operative, vested or final until the filing fees are paid. 20. On -site Improvements - No Zoning Clearance may be issued for building occupancy until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a S:ICommunity DevelopmentlEveryone\PC FINAL RESO1pc 411 CPD 2000 -02.doc �T Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 8 Performance Bond to guarantee the construction and maintenance of exterior improvements not related to grading, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after occupancy to guarantee that improvements not related to grading are maintained. 21. APCD Review of Uses - Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 22. Utilities Assessment District - The Applicant agrees not to protest the formation of an underground Utility Assessment District. 23. Continued Maintenance - The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 24. Noxious Odors - No noxious odors shall be generated from any use on the subject site. 25. Uses and Activities to be Conducted Inside - All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development and consistent with applicable Zoning Code provisions. 26. Graffiti Removal - The Applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days S:1Community DevelopmenfiEveryone\PC FINAL RES01pc 411 CPD 2000 -02.doc 000123 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 9 from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 27. Development of the uses .proposed by the application may be phased, except that the office /retail building together with full wall treatment along the residential property line, if required, site landscaping, parking, circulation and trash /recycle facilities required to serve the office building, shall constitute Phase I, unless otherwise determined by the City Council. No Zoning Clearance, building permit, or any other approval needed to construct the restaurant with drive - through shall be issued until a building permit shall have been issued for the office /retail building. Zoning Clearance and building permits for both proposed structures may be issued concurrently. The office /retail building shall be granted a Certificate of Occupancy prior to or concurrently with the granting of a Certificate of Occupancy for the restaurant with drive - through. 28. Case Processing Costs - The Applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance for construction. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits. 29. Code Enforcement Costs - The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The Applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the Applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). S:ICommunity DevelopmentlEveryoneTC FINAL RES01pc 411 CPD 2000 -02.doc 000124 00124 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 10 B. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: 1. Submittal of Landscape Plans - Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to Grading Permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. The Applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The landscaping shall be approved by the Director of Community Development and in place and receive final inspection prior to recordation of the map or occupancy as determined by the Director of Community Development. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. The permittee shall provide for additional enhanced landscaping equal to or greater than the cost of any trees to be removed as determined by the Director of Community Development. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Director of Community Development to offset the value of the trees S:1Community DevelopmedEveryoneW FINAL RES01po 411 CPD 2000 -02.doc 000125 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 11 removed from the site. The landscape plan shall also incorporate extensive tree landscaping including_ specimen size trees as approved by the Director of Community Development along Los Angeles Avenue, and as otherwise determined by the Director of Community Development. b. The landscaping along Los Angeles Avenue shall be increased to a minimum of twenty (20) feet in front of the parking area and bermed as approved by the Director of Community Development. C. Trees shall be added along the south and west property lines adjacent to the approved residential project. The size, type and number of trees to be planted shall be subject to the review and approval of the Director of Community Development. d. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. e. All plant species utilized shall be drought tolerant, low water using variety. f. 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. g. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. h. Landscaping shall be designed to not obstruct the view of any exterior door or window from the street. i. Landscaping (trees) shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. S:1Community DevelopmedEveryone\PC FINAL RESOIpc 411 CPD 2000 -02.doc 00026 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 12 j. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. k. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. 1. 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. M. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Applicant shall be responsible for maintaining the irrigation system and all landscaping. The Applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. n. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. o. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. p. Prior to Final Inspection, the areas to be landscaped, as shown on the irrigation plan, shall be landscaped and irrigation system installed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. SXommunity DevelopmentlEveryoneW FINAL RES01pc 411 CPD 2000 -02.doc 0 00 :'� Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 13 q. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Director of Community Development. 2. Offer of Dedication for Landscape Maintenance - Prior to issuance of a Zoning Clearance for construction, the Applicant shall provide an irrevocable offer of an easement to the City for maintaining all landscaping of the site adjacent to Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The Applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the Applicant. The City may at its sole discretion place the aforementioned areas in a Landscape Maintenance Assessment District. The Applicant shall record a covenant to this effect. The Applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance Assessment District. 3. The Building Plans or Plot Plan, and Elevations shall be revised to reflect the following: a. The second story windows located along the west elevation of the proposed retail /office building shall have a minimum bottom sill height of six (6) feet or as otherwise as determined by the Director of Community Development to reduce the visibility from the second story offices to the approved residential development. b. If this proposed development precedes development of the residential properties to the south and west of this project, the applicant /developer of this project shall be responsible to construct an eight (8) foot high wall along the west and south property lines, the design of which is subject to the review and approval S:1Community DevelopmedEveryone\PC FINAL RESOIpc 411 CPD 2000 -02.doc 000128 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 14 by the Director of Community Development. The wall shall be constructed prior to commencement of grading. C. A proposed entry from Los Angeles Avenue, the ene way and the drive - through for the fast -food restaurant shall include decorative pavement such as brick, interlocking pavers, cobblestones or other materials with colors and design consistent with the proposed architecture. The colors and design are subject to the review and approval of the Director of Community Development. d. The Los Angeles Avenue frontage shall be landscaped with a minimum planted area, twenty (20') feet in depth behind the back of the curb, consistent with the landscape cross - section of the approved Residential Planned Development (RPD No. 96 -01 and Tract 5053) to the west. As determined by the Director of Community Development, the landscape cross - section shall include but is not limited to, an eight (8') foot parkway adjacent to the curb, separating the curb from the sidewalk which shall be a minimum of six (6') feet in width. An additional landscaped area, a minimum of eight (8') feet in width, shall be placed on the south side of the sidewalk, north of any parking lot paving. There shall be a transition from this landscape cross - section to appropriately connect to the landscape cross - section of the commercial development to the east as determined by the Director of Community Development. e. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. f. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. g. Bicycle racks or storage facilities shall be provided on -site as determined by the Director of Community Development. S:ICommunity DevelopmentlEveryoneTC FINAL RESOIpc 411 CPD 2000 -02.doc OOOJL29 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 15 h. All required loading areas and turning radius shall be depicted on the plot plan. A 45 -foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. i. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. j. Modify the architectural detail and coloration to be consistent with the comments included within the Planning Commission Staff Report, dated June 11, 2001, and as required by the Director of Community Development to adhere to required Conditions of Approval. Architecture shall be modified to include, but not be limited to, the second story sill height along the westerly elevation of the office building and to provide for signage of the units on the first floor level. k Access to the proposed site shall include a driveway and access easement to Leta Yancy Road near the southerly property line. The access easement and proposed joint curb cut at Los Angeles Avenue between the Mobil Oil facility and the subject property shall be eliminated and the subject property shall take access to Los Angeles Avenue only at the proposed curb cut near the west property line of the proposed development Should access to the subject property from Leta Yancy Road via an easement driveway adjacent to the south property line not be achievable, sole access from Los Angeles Avenue via U -turns at Leta Yancy and Shasta Avenue may be considered, provided that a traffic study indicating there is no impact to Los Angeles Avenue (SR 118) traffic flow resulting from the U -turn required for access to this project at Leta Yancy Road and Shasta Avenue. The study shall meet the requirements of the Director of Community Development and City Engineer, and shall be completed and accepted by them prior to a determination of acceptability by the Citv Council. 4. Skylights - If skylights are used, the material utilized shall be designed so as to minimize the light from the SXommunity DevelopmentlEveryone\PC FINAL RES01pc 411 CPD 2000 -02.doc 000130 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 16 inside of the building to the exterior. Skylights are subject to the review and approval of the Director of Community Development. 5. Parapet Wall Requirement - Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. 6. Lighting Plan - For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development with the required deposit for review and approval. The lighting plan shall achieve the following objectives: avoid interference's with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. Ornamental lighting fixtures to complement the architectural style of the buildings are required on the building as well as in the parking lot area as determined by the Director of Community Development. Light poles within the parking lot area shall be located on cement bases no higher than six (6 ") inches above the finished grade. When possible, light poles shall be located within proposed landscaped areas. All lighting shall be consistent with Section 17.30 of the Zoning Ordinance (Lighting Regulations) and the lighting plan shall, at a minimum, include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20') feet outside the property lines. Layout plan to be based on a ten (10') foot grid center. Down lighting and accent, landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty (201) feet with the exception of lighting fixtures within twenty (201) feet of the adjacent residential properties which shall be lower than the required property line wall. S:ICommunity Development\EveryonelPC FINAL RESOIpc 411 CPD 2000 -02.doc n «� iJ0®133 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 17 c. Fixtures must possess sharp cut -off qualities with a maximum of one (1') foot candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one and a maximum of two -foot candle illumination with a 1.5 -foot candle average or as otherwise approved by the Director of Community Development. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. i. Lighting at all exterior doors shall be illuminated with a minimum maintained two (21) foot candles at ground level. j. Prior to the issuance of a Building Permit, a copy of the lighting plans .shall be submitted to the Police Department for review. 8. Location of Property Line Walls - All property line walls shall be no further than one inch from the property line. 9. Downspouts - No downspouts shall be permitted on the exterior of the building. 10. Roof Mounted Equipment - Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and approved to be roof mounted by the Director of Community Development. No roof mounted equipment (vents, S:ICommunity DevelopmedEveryone'PC FINAL RESO1pc 411 CPD 2000 -02.doc 000132 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 18 stacks, blowers, air conditioning equipment, etc.) may extend above any parapet wall, unless screened on all four sides by view obscuring material that is an intregal design element of the building. Prior to the issuance of a Zoning Clearance for construction, the final design and materials for the roof screen and location of any roof - mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all ground level views as well as those from the street and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. 11. Exterior Ground Level Equipment - Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community Development, and located a minimum of twenty (201) feet from any residentially zoned property. The wall shall be constructed of materials and colors consistent with the main building. 12. Building Materials and Colors - All exterior building materials and paint colors shall be those typical of the proposed French Provincial architecture and are subject to the review and approval of the Director of Community Development. 13. Noise Generation Sources - All roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level. The noise study must be prepared by a licensed acoustical Engineer in accordance with accepted engineering standards. S:1Community Development\EveryoneTC FINAL RESOIpc 411 CPD 2000 -02.doc 000133 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 19 14. Striping of Spaces - The striping of parking spaces and loading bays shall be maintained so that it remains clearly visible during the life of the development. 15. Parking Lot Surface - All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage., striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 16. Disposal Areas on Plot Plan - All trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be totally covered and screened with a six foot high solid wall enclosure with metal gates. The final design and location of the trash enclosures shall be subject to review of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City staff responsible for recycling /solid waste management programs. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading of recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for two (2) three cubic yard bins (107" x 84 or 168" x 53.5 ") , or a space allotment for one (1) 40 cubic yard bin (288" x 120 ") and one (1) 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one (1) 40 cubic yard SXommunity DevelopmentEveryone\PC FINAL RESO1pc 411 CPD 2000 -02.doc OOOJL34 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 20 bin for refuse and one (1) 3 cubic yard for recyclables. The dimensions provided apply to the space available when the gate is fully open. C. The design of the refuse disposal areas shall be architecturally consistent with the development and compatible with the surrounding area as approved by the Director of Community Development. d. Disposal areas shall be protected from weather conditions, which might render collected recyclable materials unmarketable. e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. Each refuse /recycling enclosure shall be screened with a six (6') foot high solid masonry wall enclosure and six (6') foot high gates and shall be designed with cane bolts to secure the gates when in the open position. j. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American Disabilities Act. S:1Community DevelopmentlEveryoneTC FINAL RESO1pc 411 CPD 2000 -02.doc Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 21 k. The enclosure shall have a separate indirect pedestrian access way, which does not require doors or gates. 17. The franchised refuse hauler designated to service this location will be determined prior to construction. 18. Other requirements related to refuse disposal and recycling include: a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the Community Development Department prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on- site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. b. The building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. 19. Enforcement of Vehicle Codes: Prior to Occupancy of either of the buildings, the Applicant shall request that the City Council approve a resolution to enforce vehicle codes on the subject property as permitted by Vehicle Code Section 21107.7. 20. Sign Program: Prior to the issuance of a Zoning Clearance for construction, a comprehensive sign program for the entire project site shall be submitted to the review and approval of the Director of Community Development. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. a. All proposed signs shall conform to the approved sign program, prior to the issuance of a sign permit by the Director of Community Development or his designee. S:ICommunity DevelopmentlEveryoneTC FINAL RESO1pc 411 CPD 2000 -02.doc Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 22 b. No off -site signs shall be permitted. c. The approved sign program shall not exceed the signs permitted in the City's sign code. d. No pylon signs shall be permitted. 21. There shall be no access to building lease areas from the west elevation, except to meet required exiting provisions of the Uniform Building Code. C. CITY ENGINEER CONDITIONS: 1. The Developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer. The Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. 2. Concurrent with submittal of the grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. 3. Requests for grading permits will be granted in accordance with the approved CPD 2000 -2, as required by these conditions and local ordinance. 4. CPD 2000 -2 does not indicate cut or fill quantities. Staff will be allowed to approve an import or export of 10,000 cubic yards of soil. Any additional import more than 10,000 cubic yards shall require Council approval prior to the commencement of hauling or staged grading operations. S. The Developer shall indicate in writing to the City Engineer the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No.3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. S:ICommunity DevelopmentlEveryoneTC FINAL RESO1pc 411 CPD 2000 -02.doc 000137 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 23 6. Temporary irrigation, hydro seeding or equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 7. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties will not be allowed without mitigation. 8. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 9. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). 10. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and S:1Community DevelopmentlEveryoneTC FINAL RES01pc 411 CPD 2000 -02.doc 000:138 QQ ®o��C7 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 24 hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 1) All storm drains shall carry a 50 -year frequency storm; 2) All catch basins shall carry a 50 -year storm; 3) All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; and 4) All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices (BMP's) Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Filters, separators, clarifiers or similar devices are not permitted. C. Drainage to adjacent parcels or the Public right -of -way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including on -site detention shall be provided to the satisfaction of the City Engineer. d. Drainage grates shall not be used in any public right - of -way. When used in other locations they shall be S:1Community Development\EveryoneTC FINAL RESO1pc 411 CPD 2000 -02.doc 000139 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 25 designed and constructed with provisions for adequate bicycle safety to the satisfaction of the City Engineer. e. All flows from longitudinal gutters, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right - of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. f. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate downstream facilities will not be adversely impacted. 11. The Developer shall demonstrate for each building pad area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; b. Feasible access during a 50 -year frequency storm; and C. Hydrology calculations shall be per current Ventura County Standards. 12. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo." 13. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or -more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively S:1Community Developmentkberyone\PC FINAL RES01pc 411 CPD 2000 -02.doc OOOJL4 ) Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 26 prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 14. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 15. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 16. The following requirements shall be adhered to by the permittee: a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - through areas shall be maintained free of litter /debris. Sidewalks, parking lots and drive - through areas shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive SXommunity DevelopmenAberyone\PC FINAL RESOIpc 411 CPD 2000 -02.doc 000141 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 27 paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Trash enclosures and /or recycling area shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 17. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the owner shall submit a Storm Water Pollution Control Plan ( SWPCP) , on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CAS004002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with S:ICommunity DevelopmedEveryone\PC FINAL RESOIpc 411 CPD 2000 -02.doc OOOJL42 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 28 Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). e. The Developer shall also comply with NPDES objectives as outlined in the "Storm water Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 18. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 19. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans as may be required for Los Angeles Avenue prepared by a Registered Civil Engineer; shall enter into an agreement with, the City of Moorpark, to complete public improvements; and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to the California Department of Transportation Standards (most recent version). The plans are subject to the review and approval of the City Engineer and the Director of Community Development. 20. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer, the Director of Community Development and Cal Trans. The developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 21. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. S:1Community DevelopmentlEveryoneTC FINAL RESOIpc 411 CPD 2000 -02.doc O003.43 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 29 22. The final design and location of all barrier walls, streetscape elements, urban landscaping is subject to the approval of the Director of Community Development. 23. In accordance with Business and Professions Code 8771 the street improvement plans shall, provide for a surveyors statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 24. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his expense. 25. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 26. Utilities, facilities and services shall be extended and /or constructed in conjunction with any approved phased development by the developer as follows: Water & Sewer a. The developer will be responsible for the construction of all on -site and off -site sanitary sewer facilities to serve the project. The developer shall enter into an agreement with V.C.W.W. District No. 1 to construct the improvements and the system will be dedicated to V.C.W.W. District No. 1 for maintenance. b. Prior to Zone Clearance, the City, Calleguas Municipal Waterworks District and Ventura County Water District No. 1 shall approve final plans for water distribution. Either the Developer shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or Ventura County Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and V.C.W.W. District No. 1 standards. S:1Community DevelopmentlEveryonelPC FINAL RHO# 411 CPD 2000 -02.doc 000144 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 30 27. All utilities shall be placed underground. 28. Prior to issuance of a Zone Clearance for grading, the Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 29. Grading may occur during the rainy season from October 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. a. All trucks that will haul off -site shall comply wit h 23114, with special 231144 (b) (2) (F) , (e) (2) regarding the prevention o public streets and roads. excavated or graded material State Vehicle Code Section attention to Section and (e)(4) as amended, f such material spilling onto b. On -site vehicle speeds shall not exceed 15 miles per hour. 30. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 31. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the grading plan. This plan shall include, but is not be limited to the following measures: S: Community DevelopmenflEveryonelPC FINAL RESO* 411 CPD 2000 -02.doc OOOJL44 -i4 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 31 a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks, which will be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour) . The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust, which may contain the fungus that causes San Joaquin Valley Fever. g. Wash off heavy -duty construction vehicles before they leave the site. 32. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, SXommunity DevelopmentlEveryonelPC FINAL RESOIpc 411 CPD 2000 -02.doc OOOJL 45 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 32 soil - binding plant to reduce wind erosion and its contribution to local particulate levels. b. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) Which may have accumulated from construction activities. 33. All diesel engines used in construction equipment should use high - pressure injectors and reformulated diesel fuel. 34. During smog season (May - October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at* its discretion, may also limit construction during Stage II alerts. 35. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 36. Truck noise from hauling operations shall be minimized through establishing hauling routes, which avoid residential areas and requiring that engine brakes not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and be approved by the City Engineer. 37. The Developer shall ensure that construction equipment is fitted with modern sound = reduction equipment. 38. Equipment not in use for more than ten minutes should be turned off. 39. If any hazardous waste is encountered during the construction of this project, all work shall be immediately S:ICommunity DevelopmentlEveryonelPC FINAL RESO1pc 411 CPD 2000 -02.doc ®4Qg46 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 33 stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 40. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 41. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 42. Prior to issuance of a Zoning Clearance for a Building Permit, an as- graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 43. Prior to issuance of a Zoning Clearance for Occupancy: a. A final grading certification shall be submitted to and approved by the City Engineer. b. All permanent NPDES Best Management Practices facilities shall be operational. 44. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied: a. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. b. The Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. c. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years S:ICommunity DevelopmenfiEveryoneTC FINAL RES01pc 411 CPD 2000 -02.doc OOQJ.47 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 34 after Zone Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. d. Original "as built" plans will be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builds" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as builds" plans is required before a final inspection will be scheduled. D. FIRE DEPARTMENT CONDITIONS: 1. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 2. Prior to construction, the Applicant shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 3. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (250') from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structure(s) is not visible from the street; the address number(s) shall be posted adjacent to the driveway entrance. 4. A plan shall be submitted to the Fire District for review indicating the method by which this building will be identified by address numbers (Suite Numbers). SXommunity DevelopmedberyonelPC FINAL RES01pc 411 CPD 2000 -02.doc Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 35 5. Prior to construction, the Applicant shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. 6. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have one (1) 4 -inch and two (2) 2 -1/2 inch outlet(s). b. The required fire flow shall be achieved at no less than 20 -psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. 7. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1997 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2000 gallons per minute at 20 psi. The Applicant shall verify that the water purveyor can provide the required volume at the project. 8. The office building shall be protected by an automatic sprinkler system; plans shall be submitted, with fees for plan review and approval, to the Fire District for review. 9. Plans for any fire alarm system shall be submitted with fees for plan review and approval to the Fire District for plan check. 10. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The S:ICommunity DevelopmenftberyoneTC FINAL RES01pc 411 CPD 2000 -02.doc 000149 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 36 placement of extinguishers shall be subject to review and approval by the Fire District. 11. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 12. The Applicant shall obtain and comply with the provisions of VCFD Form #126 Requirements For Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 13. Building plans of all assembly occupancies shall be submitted to the Fire District for plan check. E. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 1. The applicant shall comply with the Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for commercial, industrial and public developments within the District. Also, the applicant shall comply with the applicable provisions of the District Rules and Regulations. F. VENTURA COUNTY FLOOD CONTROL DISTRICT CONDITIONS: No conditions. G. POLICE DEPARTMENT CONDITIONS 1. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 2. All new construction, shall comply with public safety measures as determined by the Moorpark Police Department H. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS: S:1Community DevelopmentlEveryonelPC FINAL RESDpc 411 CPD 2000 -02.doc 000.15'0 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 37 1. If applicable, prior to the issuance of a Building Permit, the Applicant shall pay all school assessment fees levied by the Moorpark Unified School District. I. FEES TO BE PAID: 1. Prior to issuance of Zoning Clearance for construction, the Applicant shall pay the following fees: a. Current and Future Park System Contribution Fund, in the amount of $.25 per gross square foot of building floor area. b. Art in Public Places Fund, in the amount of $.10 per gross square foot of building floor area. The Applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The artwork must have a value corresponding to the fee and must receive approval from the City Council. C. The Moorpark Traffic Systems Management Fund, in the amount of $319,940.44, to fund TSM Programs or Clean - fuel Vehicle Programs as determined by the City. 2. Citywide Traffic Mitigation Fee - Prior to the issuance of a Zoning Clearance for construction, the Applicant shall pay: a. A Traffic Mitigation Fee, in the amount of $.50 per gross square foot of building floor area to fund public street and traffic improvements directly or indirectly affected by the development. b. The Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the developer will not have to pay the AOC fee. 3. The Applicant shall make a special contribution to the City representing the developer's pro -rata share of the cost of improvements at the following intersections: S:ICommunity DevelopmentEveryoneTC FINAL RES01pc 411 CPD 2000 -02.doc 000151 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 38 Los Angeles Avenue /Gabbert Road ($100,000) Los Angeles Avenue /Moorpark Avenue ($165,000) The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. J. BUILDING DEPARTMENT CONDITIONS: 1. Use of Asbestos - No asbestos pipe or construction materials shall be used. 2. Unconditional Will -Serve Letter - Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. K. MISCELLANEOUS CONDITIONS 1. Prior to issuance of a Building Permit, the Applicant shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the construction charge applicable to the proposed project have been made. Applicant shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 2. The project may be located on or near a closed illegal, or abandoned (CIA) solid waste disposal site. The site is identified as S.K. Ranch. If during construction evidence of a waste disposal facility site is encountered, the work shall cease and Environmental Health Division as the Local Enforcement Agency (LEA) must be notified. 3. Plan check approval of the proposed food facility must be obtained from the Environmental Health Department, prior to issuance of a building permit. S:1Community DevelopmentberyoneTC FINAL RESOIpc 411 CPD 2000 -02.doc 000152 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 39 4. Where the proposed work falls within or affects the State right -of -way such as construction, grading changes to hydraulics run -off, etc., a CalTrans encroachment permit shall be secured and verified with the City Engineer. S:ICommunity DevelopmentlEveryoneTC FINAL REMpc 411 CPD 2000 -02.doc 0001S3 Resolution No. PC- 2001 -411 Commercial Planned Development,Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 40 EXHIBIT B TO APPROVING RESOLUTION MITIGATION MONITORING PROGRAM FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -02 AIR QUALITY Mitigation Measures: 1. Prior to issuance of a Zoning Clearance for construction of the project, the applicant shall pay an in -lieu fee for mitigation of air quality impacts generated by the project. The fee shall be as designated by any City policy or precedent for similar developments. 2. The applicant shall ensure that fixed source contributors to air impacts such as structures, heating and mechanical equipment venting provides the maximum reduction in expulsion of pollutants. 3. The applicant shall submit a dust control plan for the site acceptable to the City concurrent with any preliminary (rough) grading plan. The dust control plan shall address the method and frequency for the reduction of dust nuisances to adjoining property and shall include the periodic sweeping of public streets affected by the earth movement and construction phases of the project. Monitoring: Prior to the issuance of a Zoning Clearance, the Department of Community Development will collect a Transportation System Management contribution from the developer to use for clean -air programs. In addition, plans will be reviewed by the Building and Safety Department, City Engineer and Department of Community Development to ensure compliance with these requirements. SXommunity DevelopmedBEveryoneW FINAL RESOIpc 411 CPD 2000 -02.doc 0VOJL54 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 41 GEOLOGY AND SOILS Mitigation Measures: 1. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall reflect the areas of questionable stability and provide physical correction consistent with the geotechnical findings on file with the City Of Moorpark Community Development Department. 2. Drainage, grading, compaction, foundation and footing specifications and improvements shall be verified and approved by the City Engineer prior to issuance of any building permits for the project to address required mitigation of geotechnical issues identified for the site. 3. The recommendations contained within the geotechnical study shall apply to development of the property. 4. All water wells, cisterns or cesspools encountered during grading operations shall be terminated, capped, and or abandoned consistent with best management practices for these uses. The applicants soils engineer shall be responsible to ensure that appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Monitoring: Plans will be reviewed by the City Engineer and Building and Safety Department prior to the issuance of building permits to ensure compliance with these requirement. HYDROLOGY AND WATER QUALITY Mitigation Measures: Storm Water Runoff (NPDES) and Flood Control Planning: S:1Community DevelopmentEveryoneTC FINAL RES01pc 411 CPD 2000 -02.doc 000155 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 42 1. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 1. All storm drains shall carry a 50 -year frequency storm. 2. All catch basins shall carry a 50 -year storm. 3. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows. 4. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers or similar devices shall not be permitted. C. Under a 50 -year frequency storm collector streets shall have a minimum of one (1) dry travel lane in each direction. d. Drainage to adjacent parcels or the Public right -of -way shall not be increased or concentrated by this development. All drainage measures necessary to S:1Community DevelopmentlEveryonelPC FINAL RESOIpc 411 CPD 2000 -02.doc 000156 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 43 mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right - of -way. When used in other locations they shall be designed and constructed with provisions for adequate bicycle safety to the satisfaction of the City Engineer. f. All flows from longitudinal gutters, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right - of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. g. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate downstream facilities will not be adversely impacted. 2. The Developer shall demonstrate for each building pad area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 3. Prior to the issuance of any [construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. S:ICommunity DevelopmentlEveryonelPC FINAL RES01pc 411 CPD 2000 -02.doc OOOJL57 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 44 4. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 5. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Do not use filters, separators, clarifiers or similar devices. 6. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo ". 7. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 8. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 9. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. S:ICommunity DevelopmedEveryonelPC FINAL RES01pc 411 CPD 2000 -02.doc 000158 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 45 10. The following requirements shall be adhered to by the permittee: a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - through areas shall be maintained free of litter /debris. Sidewalks, parking lots and drive - through areas shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Trash enclosures and /or recycling area (s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 11. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the owner shall submit a Storm Water Pollution SXommunity DevelopmedEveryonelPC FINAL RES01pc 411 CPD 2000 -02.doc 000159 Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 46 Control Plan ( SWPCP) , on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CAS004002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). e. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Developer shall also comply with NPDES objectives as outlined in the "'Storm water Pollution Control Guidelines for Construction Sites ". This handout is S:ICommunity DevelopmentlEveryoneTC FINAL RESOIpc 411 CPD 2000 -02.doc Resolution No. PC- 2001 -411 Commercial Planned Development Permit No. 2000 -02 Jack in the Box Restaurants and Acres Realty Page 47 available at the City Engineer's office and a copy will be attached to the approved grading permit. 12. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. Monitoring: Prior to the issuance of a grading permit and /or building permits, the City Engineer will review grading and improvement plans for compliance with NPDES mitigation measures. SXommunity DevelopmenfiEveryonelPC FINAL RESO* 411 CPD 2000 -02.doc 4304161 MITIGATED NEGATIVE DECLARATION COMMERCIAL PLANNED DEVELOPMENT CPD 2000 -2 LEAD AGENCY: CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA. 93021 APPLICANT: JACK IN THE BOX RESTAURANT AND ACRES REALTY 100 NORTH BARRANCA NO. 200 WEST COVINA, CA 91791 ATTACHMENT � 000162 PREPARED: March 6, 2001 PROJECT DESCRIPTION: A Commercial Planned Development application, CPD 2000 -2, will establish the design and control of a 2,868 square foot Jack in the Box restaurant with drive -thru service and a 17,196 square foot two story retail /office building. A thirty six (36) foot wide drive will be provide at the west side of the property. In addition, the applicant is proposing a fourteen (14 ") one -way access from the carwash located to the east of the property. The architectural style of this project is of a French Colonial design. The building elevations will have several relief features, including wood shutters, reveals, canvas awnings, clay tile roofing, wrought iron accents, and other architectural features with various color combinations to vary the appearance. PROJECT LOCATION: The project is located one property west of the southwest corner of Los Angeles Avenue, west of Liberty Bell Road and south of Los Angeles Avenue and Liberty Bell Road, west of the existing car wash, Assessor Parcel No. 506 -0 -05 -050 PROJECT PROPONENT: The project is being proposed by: Jack in the Box Restaurant and Acres Realty 100 North Barranca No. 200 West Covina, Ca 91791 PURPOSE: The purpose of this Mitigated Negative Declaration (MND) is to focus upon environmental impacts of the project identified by the Initial Study. Some impacts may require special mitigation to ensure that impacts to the community or the project area are reduced to a level of insignificance. Some impacts when individually considered may not create significant adverse impacts, but when taken cumulatively may be significant enough to warrant changes in the project design or implementation of mitigation measures to reduce impacts to a level below significant. The information contained in this document is intended to assist decision makers in reaching conclusions concerning the environmental impacts of this project. Jack in the Box Restaurant and Acres Realty 000163 MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 2 ENVIRONMENTAL PROCEDURES: This MND is consistent with the California Environmental Quality Act (CEQA) 1970 as amended (Public Resources Code 21000 et.seq.), the State Guidelines for Implementation of CEQA (California Administrative Code 15000 et. seq.), and the City of Moorpark Rules to Implement CEQA (Resolution 92 -872). TECHNICAL STUDIES. The following technical studies were prepared for the project. 1. EIR for Moorpark Land Use and Circulation Element Update and Sphere of Influence Expansion Study (1992). 2. Federal Emergency Management Agency, Flood Insurance Rate Map, Community Panel Number 060712 0005 A, September 29, 1986 and revision dated August 24, 1990. 3. General Plan of the City of Moorpark. 4. Institute of Transportation Engineers, Trip Generation, 1987. 5. Moorpark Municipal Code, including Title 17, Zoning. 6. Moorpark Traffic Analysis Model, Model Description and Validation, June 1994. 7. Technical Appendices for the General Plan Noise Element, November 1994. 8. U.S.G.S. Topographic Quadrangle Maps for Moorpark. 9. Ventura County Air Pollution Control District, Guidelines for the Preparation of Air Quality Impact Analyses, 1989. 10. Ventura County Air Pollution Control District, Ventura County Air Quality Management Plan, 1991. Project Technical Study References 11. Geotechnical Investigation Report dated January 26, 1999 by Southern California Geotechnical, Inc. 12. Traffic Analysis dated January 31, 2000 prepared by Thomas S. Montgomery, P.E. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION 0001G4 August 10, 2000 Page No. 3 EFFECTS FOUND NOT TO BE SIGNIFICANT: NO IMPACT Aesthetics: The project site does not involve scenic resources of the community. Agricultural Resources: The project occurs as an in -fill commercial project in the urban core with no adjacent or abutting agricultural uses, and there are no agricultural uses on the site. Cultural Resources: Professional site investigations and literature reviews show no archeological or cultural resources exist or are likely to exist on the site, and no further work is required. Mineral Resources: No SMARA resources have been identified in association with the project site. Impacts to regional resources will not occur nor will an impact to the capacity of existing resources occur. Population and Housing: The project will be consistent with General Plan build out and land use development for the project area. Recreation: The project will construct on -site facilities to serve the project. Impacts to community parks and recreation can be mitigated through the payment of development fees. Biological resources: No suitable wildlife habitat was identified for this site. EFFECTS FOUND TO HAVE LESS THAN SIGNIFICANT IMPACT: The following was found to have some impact, but the level of impact is less than significant due to requirements to meet mitigation criteria within an existing ordinance or adopted code. EFFECTS FOUND TO BE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATION: The following areas have been found to have impacts upon the project area or community and are considered significant adverse effects unless the mitigation measures provided are implemented and adhered to: Air Quality: The project will contribute incrementally to the reduction in air quality within the region and the community. While the direct impacts of an project may be less than significant on its own, the cumulative effect of this project with other projects known to be in development or pending development create significant impacts for which Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 Page No. 4 mitigation is necessary. Therefore, a condition has been imposed requiring the project to contribute to a Transportation System Management program. Mitigation Measures: 1. Prior to issuance of a Zoning Clearance for construction of the project, the applicant shall pay an in -lieu fee for mitigation of air quality impacts generated by the project. The fee shall be as designated by any City policy or precedent for similar developments. 2. The applicant shall ensure that fixed source contributors to air impacts such as structures, heating and mechanical equipment venting provides the maximum reduction in expulsion of pollutants. 3. The applicant shall submit a dust control plan for the site acceptable to the City concurrent with any preliminary (rough) grading plan. The dust control plan shall address the method and frequency for the reduction of dust nuisances to adjoining property and shall include the periodic sweeping of public streets affected by the earth movement and construction phases of the project. Geology and Soils: The project lies within the area of the Arroyo Simi drainage. The area south of Los Angeles Avenue has a history of high ground water, with some locations experiencing water at depths less than 50 feet below the surface. Given the composition of the soils that underlie portions of the drainage area, there may be susceptibility to liquefaction. The project site lies within approximately 2 miles of the West Simi Valley Alquist Priolo Fault Zone located within the Tierra Rejada Valley southerly of the City, parallel to Tierra Rejada Road. This fault zone was designated under Alquist Priolo on May 1, 1999. Mapping and study of the fault was performed by the State Geologist prior to 1997, with preliminary data available in October, 1997. This fault is capable of producing surface rupture. The magnitude of events on this fault could be expected to be between 6.5 — 7.5. Intense ground shaking is likely from events involving the fault within adjacent City areas. A Preliminary Geotechnical Investigation of the site was conducted by Southern California Geotechnical, Inc. Several recommendations for grading and stability of the site were included in that report which will be required to be implemented in conjunction with issuance of grading and building permits. Mitigation Measures: 1. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION 0.00 G(; August 10, 2000 Page No. 5 reflect the areas of questionable stability and provide physical correction consistent with the geotechnical findings on file with the City Of Moorpark Community Development Department. 2. Drainage, grading, compaction, foundation and footing specifications and improvements shall be verified and approved by the City Engineer prior to issuance of any building permits for the project to address required mitigation of geotechnical issues identified for the site. 3. The recommendations contained within geotechnical study shall apply to development of the property. 4. All water wells, cisterns or cesspools encountered during grading operations shall be terminated, capped, and or abandoned consistent with best management practices for these uses. The applicants soils engineer shall be responsible to ensure that appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Hydrology and Water Quality: The project will induce areas of impervious materials and will require re- routing of on -site water to approved drainage facilities. During and after construction, significant increase in pollution discharge is expected. Best management practices will be needed to ensure that the level of pollutant discharge is within the acceptable limits under the regional water quality control plan. Mitigation Measures: Storm Water Runoff (NPDES) and Flood Control Planning 1. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: All storm drains shall carry a 50 -year frequency storm; 2. All catch basins shall carry a 50 -year storm Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION 0001LG7 August 10, 2000 Page No. 6 3. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows 4. All culverts shall carry a 100 -year frequency storm b. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Do not use filters, separators, clarifiers or similar devices. c. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. d. Drainage to adjacent parcels or the Public right -of -way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right -of -way. When used in other locations they shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer All flows from longitudinal gutters, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of- way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. g. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate downstream facilities will not be adversely impacted. 2. The Developer shall demonstrate for each building pad area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. c. Hydrology calculations shall be per current Ventura County Standards. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION 00068 August 10, 2000 Page No. 7 3. Prior to the issuance of any [construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 4. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 5. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Do not use filters, separators, clarifiers or similar devices. 6. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo" 7. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 8. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 9. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 10. The following requirements shall be included in the CC &R's a. All property areas shall be maintained free of litter /debris. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION 001169 August 10, 2000 Page No. 8 b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. c. Parking lots and drive - troughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 11. Prior to the issuance of any [construction /grading permit] and /or the commencement of any clearing, grading or excavation, the owner shall submit a Storm water Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION 000170 August 10, 2000 Page No. 9 c. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks" d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant/owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CAS004002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant/owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP) e. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Developer shall also comply with NPDES objectives as outlined in the "Storm water Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will. be attached to the approved grading permit. 12. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. Transportation and Traffic: A Traffic Analysis was prepared by Thomas S. Montgomery date January 31, 2000. In general, the traffic study concluded that the additional traffic proposed as a result of this proposed project would not have any significantly adverse effect on the operation of the street system in the vicinity of the study site. The study indicates the street system in the vicinity of the study site is now operating at acceptable levels of service except at Los Angeles Avenue/Tierra Rejada Road - Gabbert Road during the afternoon peak and Los Angeles Avenue /Spring Road during the morning peak. The existing conjestion problems at Los Angeles Avenue and Tierra Rejada Road - Gabbert Road will be eliminated in the near future. The minor congestion problem at Los Angeles Avenue and Spring Road during the morning peak would not be significantly changed by the addition of site - generated traffic demands. At total future cumulative traffic demand levels in the year 2010, both the intersections of Lops Angeles Avenue /Moorpark Avenue /Moorpark Avenue and Los Angeles Avenue /Spring Road are projected to be operating slightly in excess of design capacity during a typical weekday afternoon commuter peak travel period. Site generated traffic demands would not significantly contribute to these future traffic that would be Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION August 10, 2000 007l Page No. 10 generated by the subject mixed -use development not have any significant effect on the existing or future operation of the street system serving the study site. Jack in the Box Restaurant and Acres Realty MITIGATED NEGATIVE DECLARATION 000172 August 10, 2000 Page No. 11 INITIAL STUDY CHECK LIST ENVIRONMENTAL FACTOR s �',"x hwact AESTHETICS a) Have a substantial adverse effect on a scenic vista? ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or 1:1 quality of the site and its surroundings? d) Create a new source of substantial light or glare ❑ which would adversely affect day or nighttime views in the area? AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a)Convert Prime Farmland, Unique Farmland, or ❑ Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use, or E] a Williamson Act contract? c)Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Page 1 701 Less than Less than No Impact Significant SignNicant With Mitigation IncorporaUm FOIJ 07 El X Would the project? a) Conflict with or obstruct implementation of the 1:1 applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality E] violation? c)Result in a cumulatively considerable net increase ❑ of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant E] concentrations? e) Create objectionable odors affecting a substantial 1:1 number of people? BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly ❑ or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and wildlife Service? El ❑ x ❑ ❑ x ❑ x ❑ ❑ ❑ x ❑ ❑ x *�.sa b) Have a substantial adverse effect on any riparian ❑ a ❑ v habitat or other sensitive natural community J� identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ❑ 1:1 El v X protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? OOOJL74 Initial Study for CPD 200 -2 2 d) Interfere substantially with the movement of any El El ❑ native migratory fish or wildlife species or with /� established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ❑ El D �/ protecting biological resources, such as a tree X preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ❑ ❑ ❑ X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the ❑ ❑ �/ significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the El ❑ 1:1 �/ significance of an archaeological resource pursuant X to §15064.5? c) Directly or indirectly destroy a unique ❑ F1 v X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those El El El �/ interred outside of formal cemeteries? X GEOLOGY AND SOILS -- Would the project:: a) Expose people or structures to potential ❑ ❑ ❑ �/ substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated ❑ 1:1 v X El on the most recent Aiquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. OOOJL75 Initial Study for CPD 200 -2 3 ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ x ❑ ❑ El x c) Be located on a geologic unit or soil that is El El El v X unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ❑ ❑ v 18- 1 -B of the Uniform Building Code (1994), J� creating substantial risks to life or property? e) Have soils incapable of adequately supporting El El El v X the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the ❑ ❑ ❑ \, environment through the routine transport, use, or J� disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ environment through reasonably foreseeable upset J� and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste El 1:1 El X within one - quarter mile of an existing or proposed school? Initial Study for CPD 200 -2 4 d) Be located on a site which is included on a list of ❑ ❑ ❑ hazardous materials sites compiled pursuant to J� Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use ❑ El v X plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private ❑ El El airstrip, would the project result in a safety hazard for J� people residing or working in the project area? g) Impair implementation of or physically interfere ❑ ❑ ❑ v with an adopted emergency response plan or X evacuation plan? h) Expose people or structures to a significant risk of ❑ ❑ v loss, injury or death involving wildland fires, including X where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste El v X discharge requirements? b) Substantially deplete groundwater supplies or 1:1 El �/ interfere substantially with groundwater recharge such X that there would be a net deficit in aquifer volume or a lowering of the local ground water table levels (e.g. the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the ❑ 1:1 El v X site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 000IL i Initial Study for CPD 200 -2 5 d) Substantially alter the existing drainage pattern of the ❑ El [� v site or area, including through the alteration of the J� course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would ❑ El 1:1 v X exceed the capacity of existing or planned storm drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ r_1 El v g) Place housing within a 100 -year flood hazard area ❑ X as mapped on a Federal Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures El El X which would impede or redirect flood flows? i) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ X j) Expose people or structures to a significant risk of El ❑ 1:1 v X loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? LAND USE AND PLANNING Would the project: a) Physically divide an established community? ❑ ❑ ❑ v b) Conflict with any applicable land use plan, policy, or F-1 El 17 v X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any Habitat Conservation Plan [HCP] or r_1 El El v X Natural Community Conservation Plan [NCCPj? MINERAL RESOURCES — Would the project: Initial Study for CPD 200 -2 6 a) Result in the loss of availability of a known ❑ ❑ El mineral resource that would be of value to the region /� and the residents of the state? b) Result in the loss of availability of a locally- ❑ ❑ El /� v important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NOISE -- Would the project result in: a) Exposure of persons to or generation of noise ❑ 1:1 E] �/ levels in excess of standards established in the local X general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive El El r-1 v X groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient ❑ El ❑ v noise levels in the project vicinity above levels /� existing without the project? d) A substantial temporary or periodic increase in El ambient noise levels in the project vicinity above X levels existing without the project? e) For a project located within an airport land use 1:1 ❑ ❑ �/ plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private E] El 1:1 v X airstrip, would the project expose people residing or working in the project area to excessive noise levels? Initial Study for CPD 200 -2 7 POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, ❑ ❑ a �/ either directly (for example, by proposing new homes X and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, El El �/ necessitating the construction of replacement X housing elsewhere? c) Displace substantial numbers of people, ❑ El v X necessitating the construction of replacement housing elsewhere? PUBLIC SERVICES a) Would the project result in substantial adverse ❑ F� ❑ physical impacts associated with the provision of /� new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? El E X Police protection? El r-1 X Schools? ❑ El X El Parks? El X r-1 Other public facilities? ❑ El X ❑ !1 TIM Initial Study for CPD 200 -2 8 RECREATION - a) Would the project increase the use of existing El El ❑ v X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or El ❑ X require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in ❑ 1:1 E] v X relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of V service standard established by the county congestion X management agency for designated roads or highways? c) Result in a change in air traffic patterns, including 1:1 1:1 ❑ X either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design ❑ ❑ ❑ v feature (e.g., sharp curves or dangerous J� intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 1:1 1:1 ❑ v f)Result in adequate parking capacity? Initial Study for CPD 200 -2 9 El El El x f i 401 g) Conflict with adopted policies, plans, or programs ❑ 1:1 El v X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? UTILITIES AND SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the 1:1 �/ applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water El or wastewater treatment facilities or expansion of X existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ❑ ❑ ❑ �/ water drainage facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve E] El 1:1 v X the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater ❑ F1 v treatment provider which serves or may serve the X project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ❑ ❑ 0 v J� capacity to accommodate the project's solid waste disposal needs? Initial Study for CPD 200 -2 10 MANDATORY FINDINGS OF SIGNIFICANCE Potentially Sigr�cant Signit�� " °'"'�" Impact with Mitigation Incorporation a) Does the project have the potential to degrade El El F1 v X the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ❑ ❑ v limited, but cumulatively considerable? X ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects 1:1 ❑ v which will cause substantial adverse effects on J� human beings, either directly or indirectly? 000183 Initial Study for CPD 200 -2 11 MITIGATION MONITORING PROGRAM FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -02 TRAFFIC MITIGATION Mitigation Measure: 1. The subject property shall take access to Los Angeles Avenue only at the proposed curb cut near the west property line of the proposed development. Solid double lines shall be required and island chevrons are required to be extended past the westerly property line of the proposed project to prohibit left -turn movements directly into the site from westbound Los Angeles Avenue. Completion of the Shasta Avenue signal construction and widening along the south side of Los Angeles Avenue between Shasta Avenue shall be completed prior to approval of Zoning Clearance for grading and building permit unless otherwise modified by the Director of Community Development and the City Engineer. Monitoring: Prior to the issuance of a Zone Clearance for grading permit and building permit, the Department of Community Development and City Engineer will review plans and require completion of the required improvements. AIR QUALITY Mitigation Measures: 1. Prior to issuance of a Zone Clearance for construction of the project, the applicant shall pay an in -lieu fee for mitigation of air quality impacts generated by the project. The fee shall be as designated by any City policy or precedent for similar developments. 2. The applicant shall ensure that fixed source contributors to air impacts such as structures, heating and mechanical equipment venting provides the maximum reduction in expulsion of pollutants. 3. The applicant shall submit a dust control plan for the site acceptable to the City concurrent with any preliminary (rough) grading plan. The dust control plan shall address the method and frequency for the reduction of dust nuisances to adjoining property and shall include the periodic 000384 sweeping of public streets affected by the earth movement and construction phases of the project. Monitoring: Prior to the issuance of a Zone Clearance, the Department of Community Development will collect a Transportation System Management contribution from the developer to use for clean -air programs. In addition, plans will be reviewed by the Building and Safety Department, City Engineer and Department of Community Development to ensure compliance with these requirements. GEOLOGY AND SOILS Mitigation Measures: 1. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall reflect the areas of questionable stability and provide physical correction consistent with the geotechnical findings on file with the City Of Moorpark Community Development Department. 2. Drainage, grading, compaction, foundation and footing specifications and improvements shall be verified and approved by the City Engineer prior to issuance of any building permits for the project to address required mitigation of geotechnical issues identified for the site. 3. The recommendations contained within the geotechnical study shall apply to development of the property. 4. All water wells, cisterns or cesspools encountered during grading operations shall be terminated, capped, and or abandoned consistent with best management practices for these uses. The applicants soils engineer shall be responsible to ensure that appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Monitoring: Plans will be reviewed by the City Engineer and Building and Safety Department prior to the issuance of building permits to ensure compliance with these requirement. HYDROLOGY AND WATER QUALITY MUG GNP Mitigation Measures: Storm Water Runoff (NPDES) and Flood Control Planning: 1. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 1. All storm drains shall carry a 50 -year frequency storm. 2. All catch basins shall carry a 50 -year storm. 3. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows. 4. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers or similar devices shall not be permitted. C. Under a 50 -year frequency storm collector streets shall have a minimum of one (1) dry travel lane in each direction. d. Drainage to adjacent parcels or the Public right -of -way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention OOO18G shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right - of -way. When used in other locations they shall be designed and constructed with provisions for adequate bicycle safety to the satisfaction of the City Engineer. f. All flows from longitudinal gutters, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right - of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. g. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate downstream facilities will not be adversely impacted. 2. The Developer shall demonstrate for each building pad area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 3. Prior to the issuance of any [construction/ grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 4. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 5. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development OOOJL87 for the review and approval of the City Engineer. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Do not use filters, separators, clarifiers or similar devices. 6. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump — Drains to Arroyo ". 7. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 8. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 9. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 10. The following requirements shall be adhered to by the permittee: a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - through areas shall be maintained free of litter /debris. Sidewalks, parking lots and drive - through areas shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 11. Prior to the issuance of any [construction/ grading permit] and /or the commencement of any clearing, grading or excavation, the owner shall submit a Storm Water Pollution Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CAS004002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). e. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Developer shall also comply with NPDES objectives as outlined in the "Storm water Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 12. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. Monitoring: Prior to the issuance of a grading permit and /or building permits, the City Engineer will review grading and improvement plans for compliance with NPDES mitigation measures. OOOJL9fl RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -02 ON THE APPLICATION OF JACK IN THE BOX RESTAURANTS AND ACRES REALTY LOCATED ONE PROPERTY WEST OF THE SOUTHWEST CORNER OF LOS ANGELES AVENUE NORTH OF THE ARROYO SIMI, (ASSESSOR PARCEL NO. 506 -0 -05 -050) WHEREAS, at a duly noticed public hearing on January 16, 2002, the City Council considered the application filed by Jack - in- the -Box Restaurants and Acres Realty for approval of Commercial Planned Development Permit No. 2000 -2 for construction of a 2,868 square foot Jack in the Box Restaurant with drive - through service and a 17,196 square foot two -story retail /office building located one property west of the southwest corner of Los Angeles Avenue /Leta Yancy Road (Assessor Parcel No. 506 -0 -05 -050; and WHEREAS, at its meeting on January 16, 2002, the City Council opened the public hearing and accepted public testimony from all those wishing to testify and closed the public hearing; and WHEREAS, the City Council after review and consideration contained in the staff report, the Mitigated Negative Declaration, Mitigation Monitoring Program and testimony received has reached a decision in the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. findings: The City Council hereby adopts the following CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. The Mitigated Negative Declaration /Initial Mitigation Monitoring Program for the project prepared in compliance with CEQA, and City policy, Study and have been S: \Community Development \Everyone \Resolutions and Conditions \cc020116 - cpd 2000 -02 Jack in the Box. doc 0ll0191 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 2 2. The contents in the Mitigated Negative Declaration/ Initial Study and Mitigation Monitoring Program have been considered in the various decisions on the proposed entitlement request. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached conditions meets the requirements of the City of Moorpark, Municipal Code Section 17.44.030 in that: 1. The proposed use is consistent with the intent and provisions of the City's General Plan and Title 17 of the Municipal Code. 2. The proposed use is compatible with the character of the surrounding development. 3. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. 4. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The proposed use is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character; and SECTION 2. The City Council has received and considered the information contained in the Mitigated Negative Declaration and Mitigation Monitoring Program prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (Division 13) of the Public Resources Code of the State of California {beginning at Section 210001, the City Council finds that the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this project have been completed in compliance with CEQA and State Guidelines. 00019:2 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 3 SECTION 4. The City Council adopts the Mitigated Negative Declaration and Mitigation Monitoring Program. SECTION 5. The City Council approves Commercial Planned Development Permit No. 2000 -02 subject to the following Conditions of Approval and Mitigation Monitoring Program: CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -02 DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS: 1. Permitted Uses - This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations. The location of all site improvements shall be as shown on the approved plot plans and elevations except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zone Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 2. Other Regulations - This development is subject to all applicable regulations of the CPD Zone, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. Discontinuance of Use - This Commercial Planned Development Permit shall expire when the uses for which it is granted are abandoned for a period of 180 consecutive days. 4. All final construction working drawings, grading and drainage plans, plot plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. 5. Use Inauguration - Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one (1) year after this permit is 000193 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 4 granted this permit shall automatically expire on that date. The Director of Community Development may, at his /her discretion, grant up to one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent areas, and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial one (1) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) -days prior to the expiration date of the permit. 6. Abandonment of Use - Upon expiration of this permit, or failure to inaugurate the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable. 7. Other Regulations - No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 8. Severability - If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate the remaining conditions or limitations set forth. 9. Permittee Defense Costs - The permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his /her obligation under this condition. 10. Zone Clearance Prior to Building Permit - Prior to approval of construction plans for plan check or initiation of any construction activity, a Zone Clearance shall be obtained from the Department of Community Development. If an Applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this ITUMIA Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 5 development permit with a City approved Hold Harmless Agreement. 11. On -site Improvements - No Zone Clearance may be issued for building occupancy until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements not related to grading, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full force and effect for one year after occupancy to guarantee that improvements not related to grading are maintained. 12. Zone Clearance Required for Occupancy - Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a Zone Clearance from the Community Development Department. The purpose of the Zone Clearance shall be to determine if the proposed use(s) are compatible with the zoning and terms and conditions of the permit. 13. Tenant Occupancy - Prior to the occupancy, applicable proposed uses shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the Applicant shall prepare a hazardous waste minimization plan. 14. Change of Ownership Notice - No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. OOOJL95 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 6 15. Other Uses - If in the future, any use or uses are contemplated on the site differing from that specified in the Zone Clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the CPD Zone and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. All applicable fees and procedures shall apply for said review. 16. Business Registration - Prior to the issuance of a Zone Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 17. Acceptance of Conditions - The permitteeIs acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 18. Fish and Game Requirement - Within two days after the City Council adoption of a resolution approving this Planned Development Permit, the Applicant shall submit to the City of Moorpark a check for a single fee of $1,250 plus a $25.00 filing fee payable to the County of Ventura, to comply with Assembly Bill 3158, for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089; and (b) Fish and Game Code Section 711.4; (c) the project is not operative, vested or final until the filing fees are paid. 19. APCD Review of Uses - Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 20. Utilities Assessment District - The Applicant agrees not to protest the formation of an underground Utility Assessment District. 000196 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 7 21. Loading and Unloading Operations - Loading and unloading operations shall not be conducted between the hours of 9:00 p.m. and 7:00 a.m. 22. Hours of Operation and Parking Lot Sweeping - That the hours of operation shall be from 6:00 a.m. to 10:00 p.m. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. 23. Continued Maintenance - The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 24. Noxious Odors - No noxious odors shall be generated from any use on the subject site. 25. Uses and Activities to be Conducted Inside - All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development and consistent with applicable Zoning Code provisions. 26. Graffiti Removal - The Applicant and his /her 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. 27. Development of the uses proposed by the application may be phased. However, the office /retail building together with required full wall treatment along the residential property line, site landscaping, parking, circulation and trash /recycling facilities required to serve the office building, shall be included within the first phase of development. No Zone Clearance, building permit, or any other approval needed to construct the restaurant with drive - through shall be issued until a building permit has been issued for the office /retail building. In addition, the office /retail building shall be granted a Certificate of Occupancy prior to or concurrently with the granting of a Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 8 Certificate of Occupancy for the restaurant with drive - through. 28. Case Processing Costs - The Applicant shall pay all outstanding case processing (Planning and Engineering) , and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. In addition, the Applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements of the most recently adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zone Clearance for building permit. 29. Code Enforcement Costs - The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, a "public nuisance ". The Applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the Applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 30. Submittal of Landscape Plans - Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to Grading Permit approval. The landscape plan shall include planting and irrigation specifications for manufactured slopes over three (3) feet in height. The purpose of the landscaping shall be to control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of all manufactured slopes three (3) feet or more in height, and to replace mature trees lost as a result of construction. The final landscape plans shall also be in substantial conformance with the conceptual landscape plan submitted with the application. The Applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. M Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 9 The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. The landscaping shall be approved by the Director of Community Development and shall be installed and receive final inspection prior to Occupancy (final building permit) approval. All landscaping shall have an irrigation system. The City's landscape architect shall certify in writing that the landscaping and irrigation system were installed in accordance with the approved Landscape and Irrigation Plans. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: a. The permittee shall provide for additional enhanced landscaping equal to or greater than the cost of any trees to be removed as determined by the Director of Community Development. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Director of Community Development to offset the value of any trees removed from the site. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Director of Community Development along Los Angeles Avenue, and as otherwise determined by the Director of Community Development. b. Trees shall be added along the south and west property lines adjacent to the approved residential project. The size, type and number of trees to be planted shall be subject to the review and approval of the Director of Community Development. C. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. d. All plant species utilized shall be drought tolerant, low water using variety. e. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 10 screen the view of a seated driver from another moving vehicle or pedestrian. f. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. g. Landscaping shall be designed to not obstruct the view of any exterior door or window from the street. h. Landscaping (trees) shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. i. Earthen berms, hedges and /or low walls shall be provided to screen views of parked vehicles from adjacent streets. j. Backflow preventers, transformers, or other exposed above ground utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. k. 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. 1. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Applicant shall be responsible for maintaining the irrigation system and all landscaping. The Applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. M. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 000200 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 11 n. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Director of Community Development. o. If the retail /office building is to be constructed in advance of the restaurant building, the Landscape Plan will include the temporary landscape and irrigation requirements for the vacant pad. Attractive groundcover plantings will be required for the vacant pad and full landscaping will be required for the remainder of the site. 31. Offer of Dedication for Landscape Maintenance - Prior to issuance of a Zone Clearance for Building Permit, the Applicant shall provide an irrevocable offer of an easement to the City for maintaining all landscaping of the site adjacent to Los Angeles Avenue. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way along the street frontages. The Applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the Applicant. The City may at its sole discretion place the aforementioned areas in a Landscape Maintenance Assessment District. The Applicant shall record a covenant to this effect prior to Zone Clearance for Building Permit. The Applicant shall maintain the right to protest the amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance Assessment District. Prior to issuance of a Zone Clearance for building permit, Developer shall execute a Maintenance Agreement between Caltrans and the City for the landscape maintenance easement area along Los Angeles Avenue, subject to approval of Caltrans and the City, to ensure maintenance of the landscaping within the Caltrans right -of -way. 32. The Building Plans or Plot Plan, and Elevations shall be revised to reflect the following: 000201 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 12 a. The second story windows located along the west elevation of the proposed retail /office building shall have a minimum bottom sill height of six (6) feet or as otherwise as determined by the Director of Community Development to reduce the visibility from the second story offices to the approved residential development. b. If this proposed development precedes development of the residential properties to the south and west of this project, the Developer of this project shall be responsible to construct an eight (8) foot high wall along the west and south property lines, the design of which is subject to the review and approval by the Director of Community Development. The wall shall be constructed prior to commencement of grading. C. A proposed entry from Los Angeles Avenue and the drive - through for the fast -food restaurant shall include decorative pavement such as brick, interlocking pavers, cobblestones or other materials with colors and design consistent with the proposed architecture. The colors and design are subject to the review and approval of the Director of Community Development. d. Adjacent to Los Angeles Avenue, the Landscape Plan shall incorporate transition planting to appropriately connect to the landscape cross - section of the commercial development to the east and the landscape cross - section of the residential development to the west. The existing sidewalk between the driveway and the east property line shall be relocated within the required landscaped setback so that portions of this frontage shall have landscaping between the curb and sidewalk. The sidewalk width may be reduced to no less than five (5) feet in width where landscaping separates the sidewalk from the curb. The final location and width of the sidewalk shall be determined by the Director of Community Development. The landscaping and sidewalk located within the Caltrans right -of -way will be maintained by the property owner as required by Condition No. 31. e. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 13 f. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. g. Bicycle racks or storage facilities shall be provided on -site as determined by the Director of Community Development. h. All required loading areas and turning radius shall be depicted on the plot plan. A 45 -foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. i. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. j. Architecture shall be modified to include, but not be limited to allow for identification signage for the first story units of the office building. k. The stairway as shown on the south elevation of the office building shall be enclosed within the building so as to not be visible from the property line. 33. Access to the project site from Los Angeles Avenue shall be from the single driveway proposed near the west property line, as shown on the approved site plan. Prior to Zone Clearance for grading and building permit for the proposed project, the Developer shall be required to have designed and obtain City and Caltrans approval for the installation of solid double lines in the Los Angeles Avenue median as well as the extension of island chevrons past the westerly property line of the project site to prohibit left -turn movements directly into the site from westbound Los Angeles Avenue. These improvements shall be completed by the Developer prior to Occupancy (final building permit) approval. Completion of the installation of the Shasta Avenue signal and widening along the south side of Los Angeles Avenue between Shasta Avenue and the project site is also required to be completed prior to approval of Zone Clearance for grading and building permit. The Developer may enter into a reimbursement agreement with the City to complete these improvements in advance of the adjacent Pacific Communities Project. If constructed by this project, reimbursement shall be limited to the pro -rata 000203 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 14 amount determined by the City Engineer with the balance paid by Pacific Communities. If the Shasta Avenue signal and Los Angeles Avenue widening improvements are constructed by Pacific Communities, then this developer shall pay Pacific Communities a pro -rata reimbursement as determined by the City Engineer. This pro -rata reimbursement shall be paid prior to Zone Clearance for grading or building permit. No offset or reimbursement for the Los Angeles Avenue Area of Contribution (AOC) fee payment shall be provided for Shasta Avenue signal construction. 34. Skylights - If skylights are used, the material utilized shall be designed so as to minimize the light from the inside of the building to the exterior. Skylights are subject to the review and approval of the Director of Community Development. 35. Lighting Plan - For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development with the required deposit for review and approval prior to issuance of a Zone Clearance for construction. The lighting plan shall achieve the following objectives: avoid interference's with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility and minimize energy consumption. Ornamental lighting fixtures to complement the architectural style of the buildings are required on the building as well as in the parking lot area as determined by the Director of Community Development. Light poles within the parking lot area shall be located on cement bases no higher than six (611) inches above the finished grade. When possible, light poles shall be located within proposed landscaped areas. Low Sodium (yellow) lighting shall not be permitted. All lighting shall be consistent with Section 17.30 of the Zoning Ordinance (Lighting Regulations) and the lighting plan shall, at a minimum, include the following: a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (201) feet outside the property lines. Layout plan to be based on a ten (101) foot grid center. Down lighting and accent, landscape and building lighting shall be employed throughout the project. 000204 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 15 b. Maximum overall height of lighting pole fixtures shall be twenty (201) feet. C. Fixtures must possess sharp cut -off qualities with a maximum of one (11) foot candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. e. A minimum of one and a maximum of two -foot candle illumination with a 1.5 -foot candle average or as otherwise approved by the Director of Community Development. f. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. g. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. h. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. i. Lighting at all exterior doors shall be illuminated with a minimum maintained two (2') foot candles at ground level. j. Prior to the issuance of a Building Permit, a copy of the lighting plans shall be submitted to the Police Department for review. 36. Location of Property Line Walls - All property line walls shall be no further than one inch from the property line. 37. Downspouts - No downspouts shall be permitted on the exterior of the building. 38. Roof Mounted Equipment - Roof mounted equipment is prohibited, except for equipment that cannot be mounted on 000204-4 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 16 the ground and approved to be roof mounted by the Director of Community Development. No roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) may extend above any parapet wall, unless screened on all four sides by view obscuring material that is an intregal design element of the building. Prior to the issuance of a Zone Clearance for construction, the final design and materials for the roof screen and location of any roof - mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all ground level views as well as those from the street and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. 39. Exterior Ground Level Equipment - Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community Development, and located a minimum of twenty (201) feet from any residentially zoned property. The wall shall be constructed of materials and colors consistent with the main building. 40. Building Materials and Colors - All exterior building materials and paint colors shall be those typical of the proposed French Provincial architecture and are subject to the review and approval of the Director of Community Development. 41. Noise Generation Sources - All roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a Zone Clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level. The noise study must be prepared by a licensed acoustical Engineer in accordance with accepted engineering standards. Prior to issuance of a 000205 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 17 Zone Clearance for Construction of the Jack -in- the -Box, a noise study shall be required for the menu board speaker box to determine proper placement for avoidance of noise impact to adjacent residential uses. 42. Striping of Spaces - The striping of parking spaces and loading bays shall be maintained so that it remains clearly visible during the life of the development. 43. Parking Lot Surface - All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 44. Disposal Areas on Plot Plan - All trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be totally covered with a solid roof and screened with a six foot high solid wall enclosure with metal gates. The final design and location of the trash enclosures shall be subject to review of the Director of Community Development prior to the issuance of a Zone Clearance for construction. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City staff responsible for recycling /solid waste management programs. a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be provided to allow for the collection and loading of recyclable materials generated by the development. For commercial (general, office, or retail), developments, space allotment for two (2) three cubic yard bins (107" x 84 or 168" x 53.5 ") , or a space allotment for one ( 1) 40 cubic yard bin ( 288" x 120") and one (1) 3 cubic yard bin (84" x 53.5). The intended use for this space is to 0 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 18 hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one (1) 40 cubic yard bin for refuse and one (1) 3 cubic yard for recyclables. The dimensions provided apply to the space available when the gate is fully open. C. The design of the refuse disposal areas shall be architecturally consistent with the development and compatible with the surrounding area as approved by the Director of Community Development. d. Disposal areas shall be protected from weather conditions, which might render collected recyclable materials unmarketable. e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other specified clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community Development, clearly identifying all recycling and solid waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g. Refuse disposal areas shall not be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. h. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. i. Each refuse /recycling enclosure shall be screened with a six (61) foot high solid masonry wall enclosure and six (61) foot high gates and shall be designed with cane bolts to secure the gates when in the open position. j. Space allocation for rubbish and recycling enclosures shall be designed in a manner that complies with the equal access requirements of Title 24 and the American Disabilities Act. 000207 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 19 k. The enclosure shall have a separate indirect pedestrian access way, which does not require doors or gates. 45. The franchised refuse hauler designated to service this location will be determined prior to construction. 46. Other requirements related to refuse disposal and recycling include: a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the Community Development Department prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on- site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. b. The building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. 47. Enforcement of Vehicle Codes: Prior to Occupancy of either of the buildings, the Applicant shall request that the City Council approve a resolution to enforce vehicle codes on the subject property as permitted by Vehicle Code Section 21107.7. 48. Sign Program: Prior to the issuance of a Zone Clearance for construction, a comprehensive sign program for the entire project site shall be submitted to the review and approval of the Director of Community Development consistent with Zoning Code requirements, including but not limited to size restrictions. The sign program shall be designed to provide for a uniform on -site sign arrangement and design. All signs, including, but not limited to monument signs shall be included in the sign program. a. All proposed signs shall conform to the approved sign program, prior to the issuance of a sign permit by the Director of Community Development or his /her designee. 000208 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 20 b. No off -site signs shall be permitted. C. No pylon signs shall be permitted. d. The size of the menu board sign(s) shall not exceed the size criteria established by City Council for Minor Modification No. 4 to CPD 92 -2 (McDonald's). 49. There shall be no access to office building lease areas from the west elevation, except to meet required exiting provisions of the Uniform Building Code. 50. Prior to issuance of Zone Clearance for building permit, the Applicant shall pay the following fees: a. Current and Future Park System Contribution Fund, in the amount of $.25 per gross square foot of building floor area. b. Art in Public Places Fund, in the amount of $.10 per gross square foot of building floor area. The Applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The artwork must have a value corresponding to the fee and must receive approval from the City Council. C. The Moorpark Traffic Systems Management Fund, in the amount of $319,940.44, to fund TSM Programs or Clean - fuel Vehicle Programs as determined by the City. d. Citywide Traffic Mitigation Fee - A Traffic Mitigation Fee, in the amount of $.50 per gross square foot of building floor area to fund public street and traffic improvements directly or indirectly affected by the development. e. The Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Developer will not have to pay the AOC fee. 51. Image Conversion of Plans: Prior to occupancy (final building permit), the subdivider, shall will pay a fee to 000209 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 21 the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined by the City into the City's electronic imaging system. CITY ENGINEER CONDITIONS: 52. The Developer shall submit to the City of Moorpark for review and approval, a grading plan prepared by a Registered Civil Engineer. The Developer shall enter into an agreement with the City of Moorpark to complete the improvements and shall post sufficient surety guaranteeing completion of all improvements. 53. Concurrent with submittal of the grading plan an Erosion Control Plan shall be submitted to the City for review and approval by the City Engineer. 54. Requests for grading permits will be granted in accordance with the approved CPD 2000 -2, as required by these conditions and local ordinance. 55. CPD 2000 -2 does not indicate cut or fill quantities. Staff will be allowed to approve an import or export of 10,000 cubic yards of soil. Any additional import more than 10,000 cubic yards shall require Council approval prior to the commencement of hauling or staged grading operations. 56. The Developer shall indicate in writing to the City Engineer the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No.3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 57. Temporary irrigation, hydro seeding or equal measures acceptable to the City Engineer for erosion and dust control shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to temporary grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition 0002:.0 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 22 for a period of time greater than thirty (30) days or the beginning of the rainy season whichever comes first. 58. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties will not be allowed without mitigation. 59. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s), by the City's Geotechnical Engineer, shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 60. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). 61. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, 00d2:11 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 23 collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 1) All storm drains shall carry a 50 -year frequency storm; 2) All catch basins shall carry a 50 -year storm; 3) All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; and 4) All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices (BMP's) Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Filters, separators, clarifiers or similar devices are not permitted. C. Drainage to adjacent parcels or the Public right -of -way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including on -site detention shall be provided to the satisfaction of the City Engineer. d. Drainage grates shall not be used in any public right - of -way. When used in other locations they shall be designed and constructed with provisions for adequate bicycle safety to the satisfaction of the City Engineer. e. All flows from longitudinal gutters, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right - of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. 000212 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 24 f. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate downstream facilities will not be adversely impacted. 62. The Developer shall demonstrate for each building pad area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm; b. Feasible access during a 50 -year frequency storm; and C. Hydrology calculations shall be per current Ventura County Standards. 63. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump - Drains to Arroyo." 64. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 65. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 66. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or 000213 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 25 storm water acceptance deeds from off -site property owners must be specified. 67. The following requirements shall be adhered to by the permittee: a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - through areas shall be maintained free of litter /debris. Sidewalks, parking lots and drive - through areas shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 68. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the owner shall submit a Storm Water Pollution 000214 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 26 Control Plan ( SWPCP), on the form provided by the City for the review and approval of the City Engineer. a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CAS004002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). e. The Developer shall also comply with NPDES objectives as outlined in the "Storm water Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 69. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 70. The Developer shall submit to the City of Moorpark for review and approval, street improvement plans as may be 000215 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 27 required for Los Angeles Avenue prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements; and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to the California Department of Transportation Standards (most recent version). The plans are subject to the review and approval of the City Engineer and the Director of Community Development and Caltrans. 71. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights, and signing, to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer, the Director of Community Development and Caltrans. The Developer shall dedicate any additional right -of -way necessary to make all of the required improvements. 72. The Applicant shall make a special contribution to the City representing the Developer's pro -rata share of the cost of improvements at the following intersections: Los Angeles Avenue /Gabbert Road Los Angeles Avenue /Moorpark Avenue Los Angeles Avenue /Shasta Avenue The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection. The Developer's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. 73. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 74. The final design and location of all barrier walls, streetscape elements, urban landscaping is subject to the approval of the Director of Community Development. 75. In accordance with Business and Professions Code 8771, the street improvement plans shall provide for a surveyors 000216 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 28 statement on the plans, certifying that all recorded monuments in the construction area have been located and tied out or will be protected in place during construction. 76. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the Developer at his /her expense. 77. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 78. Utilities, facilities and services shall be extended and /or constructed in conjunction with any approved phased development by the Developer as follows: Water & Sewer a. The Developer will be responsible for the construction of all on -site and off -site sanitary sewer facilities to serve the project. The Developer shall enter into an agreement with Ventura County Waterworks District No. 1 to construct the improvements and the system will be dedicated to Waterworks District No. 1 for maintenance. b. Prior to Zone Clearance, the City, Calleguas Municipal Waterworks District and Waterworks District No. 1 shall approve final plans for water distribution. Either the Developer shall construct the required distribution facilities or enter into an agreement with the Calleguas Municipal Water District and /or Waterworks District No. 1 stating when and how facilities will be funded and constructed. The system will be designed and constructed to meet the requirements of the proposed land uses and applicable City, Calleguas and Waterworks District No. 1 standards. 79. All utilities shall be placed underground. 80. Prior to issuance of a Zone Clearance for grading, the Developer shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 29 require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 81. Grading may occur during the rainy season from October 15 to April 15 subject to installation of debris and erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. a. All trucks that will haul off -site shall comply wit h 23114, with special 231144(b)(2)(F), (e)(2) regarding the prevention o f public streets and roads. excavated or graded material State Vehicle Code Section attention to Section and (e)(4) as amended, such material spilling onto b. On -site vehicle speeds shall not exceed 15 miles per hour. 82. Prior to any work being conducted within the State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. 83. During clearing, grading, earth moving or excavation operations, dust emissions should be controlled by regular watering with reclaimed water, if available, paving construction roads and other dust prevention measures. The Developer shall submit a dust control plan, acceptable to the city, concurrently with submittal of the grading plan. This plan shall include, but is not be limited to the following measures: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The Dust Control Plan shall indicate the number of water trucks, which will be available for dust control at each phase of grading. 0002 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 30 b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 20 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. c. Water or securely cover all material transported off - site and on -site to prevent excessive amounts of dust. d. Minimize the area disturbed at any one time by clearing, grading, earth moving and excavation so as to prevent excessive amounts of dust. e. Keep all grading and construction equipment on or near the site, until these activities are completed. f. Face masks shall be used by all employees involved in grading or excavation operations during dry periods to reduce inhalation of dust, which may contain the fungus that causes San Joaquin Valley Fever. g. Wash off heavy -duty construction vehicles before they leave the site. 84. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions should be controlled using the following procedures: a. Apply non - hazardous chemical stabilizers to all inactive portions of the construction site. When appropriate, seed exposed surfaces with a fast - growing, soil- binding plant to reduce wind erosion and its contribution to local particulate levels. b. Periodically sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.) Which may have accumulated from construction activities. 85. All diesel engines used in construction equipment should use high - pressure injectors and reformulated diesel fuel. 00002019 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 31 86. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 87. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays will require payment of a premium for City inspection services, and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work is to be done on Sundays, pursuant to Section 15.26.010 of the Municipal Code. 88. Truck noise from hauling operations shall be minimized through establishing hauling routes, which avoid residential areas and requiring that engine brakes not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and be approved by the City Engineer. 89. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. 90. Equipment not in use for more than ten minutes should be turned off. 91. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 92. The Developer shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 32 93. Equipment engines shall be maintained in good condition and in proper tune as set forth in manufacturers specifications. 94. Prior to issuance of a Zone Clearance for a Building Permit, an as- graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 95. Prior to issuance of a Zone Clearance for Occupancy: a. A final grading certification shall be submitted to and approved by the City Engineer. b. All permanent NPDES Best Management Practices facilities shall be operational. 96. Prior to acceptance of public improvements and bond exoneration, the following conditions shall be satisfied: a. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. b. The Developer shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct improvements. The fees required will be in conformance with the applicable ordinance section. C. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zone Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. d. Original "as built" plans will be certified by the Developer's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as builds" in a series of 22" X 36" mylars (made with proper overlaps) with a title block 000221 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 33 on each sheet. Submission of "as builds" plans is required before a final inspection will be scheduled. FIRE DEPARTMENT CONDITIONS: 97. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (1316 "). 98. Prior to construction, the Applicant shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy. 99. Address numbers, a minimum of 6 inches (6 ") high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet (2501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event, the structure(s) is not visible from the street; the address number(s) shall be posted adjacent to the driveway entrance. 100. A plan shall be submitted to the Fire District for review indicating the method by which this building will be identified by address numbers (Suite Numbers). 101. Prior to construction, the Applicant shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. 102. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have one (1) 4 -inch and two (2) 2 -1/2 inch outlet(s). b. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. � � 7 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 34 c. Fire hydrants shall be set back in from the curb face 24 inches on center. 103. The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the 1997 Uniform Fire Code Appendix III -A and adopted Amendments. Given the present plans and information, the required fire flow is approximately 2000 gallons per minute at 20 psi. The Applicant shall verify that the water purveyor can provide the required volume at the project. 104. The office building shall be protected by an automatic sprinkler system; plans shall be submitted, with fees for plan review and approval, to the Fire District for review. 105. Plans for any fire alarm system shall be submitted with fees for plan review and approval to the Fire District for plan check. 106. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet #10. The placement of extinguishers shall be subject to review and approval by the Fire District. 107. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 108. The Applicant shall obtain and comply with the provisions of VCFD Form #126, Requirements for Construction, prior to obtaining a Building Permit for any new structures or additions to existing structures. 109. Building plans of all assembly occupancies shall be submitted to the Fire District for plan check. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS: 110. The applicant shall comply with the Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for commercial, industrial and public developments within the District. Also, the applicant shall comply with 000223 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 35 the applicable provisions of the District Rules and Regulations. POLICE DEPARTMENT CONDITIONS: 111. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 112. All new construction, shall comply with public safety measures as determined by the Moorpark Police Department. MOORPARK UNIFIED SCHOOL DISTRICT CONDITION: 113. If applicable, prior to the the Applicant shall pay all the Moorpark Unified School BUILDING DEPARTMENT CONDITIONS: issuance of a Building Permit, school assessment fees levied by District. 114. Use of Asbestos - No asbestos pipe or construction materials shall be used. 115. Unconditional Will -Serve Letter - Prior to the issuance of a Building Permit, an "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. 116. Prior to issuance of a Building Permit, the Applicant shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the construction charge applicable to the proposed project have been made. Applicant shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. VENTURA COUNTY ENVIRONMENTAL HEALTH CONDITIONS: 117. The project may be located on or near a closed illegal, or abandoned (CIA) solid waste disposal site. The site is identified as S.K. Ranch. If during construction evidence of a waste disposal facility site is encountered, the work shall cease and Environmental Health Division as the Local Enforcement Agency (LEA) must be notified. 000224 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 36 118. Plan check approval of the proposed food facility must be obtained from the Environmental Health Department, prior to issuance of a building permit. ®0082025 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 37 MITIGATION MONITORING PROGRAM FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2000 -02 TRAFFIC MITIGATION Mitigation Measure: 1. Access to the project site from Los Angeles Avenue shall be from the single driveway proposed near the west property line, as shown on the approved site plan. Prior to Zone Clearance for grading and building permit for the proposed project, the Developer shall be required to have designed and obtain City and Caltrans approval for the installation of solid double lines in the Los Angeles Avenue median as well as the extension of island chevrons past the westerly property line of the project site to prohibit left -turn movements directly into the site from westbound Los Angeles Avenue. These improvements shall be completed by the Developer prior to Occupancy (final building permit) approval. Completion of the installation of the Shasta Avenue signal and widening along the south side of Los Angeles Avenue between Shasta Avenue and the project site is also required to be completed prior to approval of Zone Clearance for grading and building permit. The Developer may enter into a reimbursement agreement with the City to complete these improvements in advance of the adjacent Pacific Communities Project. If constructed by this project, reimbursement shall be limited to the pro -rata amount determined by the City Engineer with the balance paid by Pacific Communities. If the Shasta Avenue signal and Los Angeles Avenue widening improvements are constructed by Pacific Communities, then this developer shall pay Pacific Communities a pro -rata reimbursement as determined by the City Engineer. This pro -rata reimbursement shall be paid prior to Zone Clearance for grading or building permit. No offset or reimbursement for the Los Angeles Avenue Area of Contribution (AOC) fee payment shall be provided for Shasta Avenue signal construction. 000226 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 38 Monitoring: Prior to the issuance of a Zone Clearance for grading permit and building permit, the Department of Community Development and City Engineer will review plans and verify approval of the design for the installation of solid double lines in the Los Angeles Avenue median as well as the extension of island chevrons past the westerly property line of the project site to prohibit left -turn movements directly into the site from westbound Los Angeles Avenue. Prior to the issuance of a Zone Clearance for grading permit and building permit, the Department of Community Development and City Engineer will require completion of the installation of the Shasta Avenue signal and widening along the south side of Los Angeles Avenue between Shasta Avenue and the project site. AIR QUALITY Mitigation Measures: 1. Prior to issuance of a Zone Clearance for construction of the project, the applicant shall pay an in -lieu fee for mitigation of air quality impacts generated by the project. The fee shall be as designated by any City policy or precedent for similar developments. 2. The applicant shall ensure that fixed source contributors to air impacts such as structures, heating and mechanical equipment venting provides the maximum reduction in expulsion of pollutants. 3. The applicant shall submit a dust control plan for the site acceptable to the City concurrent with any preliminary (rough) grading plan. The dust control plan shall address the method and frequency for the reduction of dust nuisances to adjoining property and shall include the periodic sweeping of public streets affected by the earth movement and construction phases of the project. Monitoring: Prior to the issuance of a Zone Clearance, the Department of Community Development will collect a Transportation System Management contribution from the Developer to use for clean -air programs. In addition, plans will be reviewed by the Building 00022'7 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 39 and Safety Department, City Engineer and Department of Community Development to ensure compliance with these requirements. GEOLOGY AND SOILS Mitigation Measures: 1. Prior to issuance of a grading permit, a geotechnical soils engineer shall determine the extent and depth of soil removal and re- compaction that is necessary to be shown upon the grading plan. The grading plan shall reflect the areas of questionable stability and provide physical correction consistent with the geotechnical findings on file with the City Of Moorpark Community Development Department. 2. Drainage, grading, compaction, foundation and footing specifications and improvements shall be verified and approved by the City Engineer prior to issuance of any building permits for the project to address required mitigation of geotechnical issues identified for the site. 3. The recommendations contained within the geotechnical study shall apply to development of the property. 4. All water wells, cisterns or cesspools encountered during grading operations shall be terminated, capped, and or abandoned consistent with best management practices for these uses. The applicants soils engineer shall be responsible to ensure that appropriate actions subject to direction of the local agency having jurisdiction over such use is completed and documentation provided to the Community Development Department. Monitoring: Plans will be reviewed by the City Engineer and Building and Safety Department prior to the issuance of building permits to ensure compliance with these requirement. 000228 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 40 HYDROLOGY AND WATER QUALITY Mitigation Measures: Storm Water Runoff (NPDES) and Flood Control Planning: 1. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions will be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: 1. All storm drains shall carry a 50 -year frequency storm. 2. All catch basins shall carry a 50 -year storm. 3. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows. 4. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers or similar devices shall not be permitted. C. Under a 50 -year frequency storm collector streets shall have a minimum of one (1) dry travel lane in each direction. 000229 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 41 d. Drainage to adjacent parcels shall not be increased development. All drainage mitigate storm water flows shall be provided to the Engineer. or the Public right -of -way :)r concentrated by this measures necessary to including onsite detention satisfaction of the City e. Drainage grates shall not be used in any public right - of -way. When used in other locations they shall be designed and constructed with provisions for adequate bicycle safety to the satisfaction of the City Engineer. f. All flows from longitudinal gutters, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right - of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the owner unless otherwise approved by the City Council. g. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate downstream facilities will not be adversely impacted. 2. The Developer shall demonstrate for each building pad area that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. 3. Prior to the issuance of any [construction/ grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm water 000230 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 42 Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 4. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 5. The project construction plans shall incorporate Best Management Practices (BMPs) applicable to the development for the review and approval of the City Engineer. "Passive" Best Management Practices Drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Do not use filters, separators, clarifiers or similar devices. 6. All on -site storm drain inlets, whether newly constructed or existing, shall be labeled "Don't Dump — Drains to Arroyo ". 7. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with 5 or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices, such as oil /water separators, sand filters, landscaped areas for infiltration, basins or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design must be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 8. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 9. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. 00023 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 43 10. The following requirements shall be adhered to by the permittee: a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 15 (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - through areas shall be maintained free of litter /debris. Sidewalks, parking lots and drive - through areas shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. Area shall be paved with impermeable material. No other area shall drain onto these areas. There shall be no drain connected from the trash enclosure area to either the storm drain system or the sanitary sewer. However, the enclosure shall be designed and constructed with provision for future connection to the sanitary sewer. 11. Prior to the issuance of any [construction/ grading permit] and /or the commencement of any clearing, grading or excavation, the owner shall submit a Storm Water Pollution Control Plan (SWPCP), on the form provided by the City for the review and approval of the City Engineer. 000232 Resolution No. 2002 - CPD 2000 -02 (Jack in Page 44 the Box Restaurants and Acres Realty) a. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. b. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended. Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. C. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." d. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant /owner shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CAS004002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant /owner shall comply with all additional requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). e. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a Notice of Intent (NOI) to the City Engineers office as proof of permit application. f. The Developer shall also comply with NPDES objectives as outlined in the "Storm water Pollution Control Guidelines for Construction Sites ". This handout is available at the City Engineer's office and a copy will be attached to the approved grading permit. 12. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm 000233 Resolution No. 2002 - CPD 2000 -02 (Jack in the Box Restaurants and Acres Realty) Page 45 water Quality Management Program, NPDES Permit No. CAS004002. Monitoring: Prior to the issuance of a grading permit and /or building permits, the City Engineer will review grading and improvement plans for compliance with NPDES mitigation measures. SECTION 6. 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. PASSED AND ADOPTED this 16th day of January 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 0002 ,34