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HomeMy WebLinkAboutAGENDA REPORT 2002 0821 CC REG ITEM 09ArMM R.A. CTT17 of MOORTARK, CALTFORNIA City Council Meeting of $ -al -pa se— ea.r►{'��'j ACTItI►N�+a io -t�-oz t- Fky�r�i1 C.G•I�l►Ilhouse � t,Uozntc�lt to p n to 02. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Direct Prepared By: Paul Porter, Principal Planner DATE: July 15, 2002 (CC Meeting of 8/21/02) SUBJECT: Consider Industrial Planned Development Permit No. 2000- 10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511 -0- 070 -55). BACKGROUND This project was originally heard by the Planning Commission on September 24, 2001, and continued to subsequent meetings due to Planning Commission concerns relative to: • Site design, building appearance, and functionality • Neighborhood compatibility • Potential safety issues • Consistency with code provisions On June 24, 2002, the Planning Commission adopted Resolution No. PC- 2002 -425 recommending to the City Council conditional approval of Industrial Planned Development Permit No. 2000 -10. DISCUSSION The applicant proposes to construct, on a 112,184 square foot site, 2 two -story buildings totaling 113,984 square feet for use as a mini - warehouse with a manager's office. One building will be located in the center of the complex (Building "B "), and the second building (Building "A ") will be located around the perimeter of the site. Building A is planned to be located along all four sides of Honorable City Council Meeting of August 21, 2002 Page 2 the property with the exception of the entrance along Goldman Avenue. Consistent with the City's parking requirements thirteen (13) parking spaces would be provided, eleven (11) parking spaces at the entrance and two (2) parking spaces in Building "A ". Seven foot high gated access is proposed at the entry along Goldman Avenue. It will be constructed of white painted tubular steel allowing visibility of the site interior from the street. The project recommended by the Planning Commission for approval was achieved through the assistance of a Planning Commission Ad Hoc Committee consisting of Commissioners Janice Parvin and Mark DiCecco. At the June 24, 2002, Planning Commission hearing, the Planning Commission ultimately determined the project to be consistent with the City's General Plan and recommended to the City Council conditional approval of the project for the following reasons: • The mini - warehouse use has similar potential to provide the same number of additional job opportunities as that of a warehousing use and therefore jobs /housing balance is not an issue. • The revised design is architecturally compatible with existing industrial buildings in the surrounding area. • Although the floor area ratio (FAR) for this development exceeds the 0.38 indicated for Medium Industrial (I -2) in the Land Use Element, the Element is sufficiently vague in its description that consistency with the General Plan could be found based upon the proposed use, and that the, traffic generated from a mini - warehouse use is lower or similar to a warehousing use. The need for mini - warehouse storage is important to the City as there is a significant number of existing residences and approved, but yet to be built residences with insufficient storage. ISSUES FOR COUNCIL CONSIDERATION This item comes to the Council on the basis of the requirements of City Council Resolution 95 -1135, which requires City Council approval for proposal of 20,000 square feet or more of gross floor area for all building involved. There are three issues for Council consideration. They are: • Consideration of whether consistency with the Moorpark General Plan can be made with respect to the applicant's proposed floor area ratio S: \Community Development \I P D \2000 \10 \Staff Report \cc IPD 2000 -10 Asadurian.doc Honorable City Council Meeting of August 21, 2002 Page 3 • Approval of the Industrial Planned Development application Consideration of whether consistency with the Moorpark General Plan can be made with respect to the applicant's proposed floor area ratio. The General Plan Guidelines promulgated by the state indicate, with respect to building intensity in a Land Use Element, that, "local General Plans must contain quantifiable standards of building intensity for each land use designation. Office of Planning and Research (OPR) recommends that each intensity standard include these variables: 1) permitted land uses or building types; and 2) concentration of use." The Moorpark General Plan indicates under I -2 - Medium Industrial a FAR of 0.38 and describes a few uses expected to be found in that land use category. The Planning Commission interpreted the land use description and FAR to equate the intensity of this mini - storage use (at a 1.02 FAR) to be similar in nature to normal Medium Industrial development (at a 0.38 FAR). It based, in part, its decision on a number of existing properties in the vicinity, some of which meet the Medium Industrial FAR of 0.38 and some of which exceed it, i.e. Jiffy Lube to the east (0.28), industrial building to the north (0.48), A -Z Storage (0.76 note: this development is pre -1992, before completion of the General Plan). The land use description for industrial will be addressed in the near future in the Land Use Element update. By the evidence presented by the applicant at the Planning Commission hearing, it is clear that there is a demand for more mini - storage use in Moorpark. It is also clear to staff that the use will generate very little revenue, other than a one time increase in property tax revenue. If the site were to develop with a manufacturing use more characteristic of the area, higher revenues would return to the City. In recognition of this disparity the applicant offered to the Planning Commission to make a one time payment to the City of $5 per mini - storage space. This was not within the purview of the Commission and therefore, is presented to the Council for consideration. In order for the Council to consider such an offer, a Development Agreement would be needed. If the Council wants to continue to move this project forward, it could appoint an Ad Hoc Committee to prepare a proposed Development Agreement. Recommendation: Continue the item with the public hearing open until October 16, 2002, appoint a Council Ad Hoc Committee and direct the Committee and staff to negotiate a proposed Development Agreement for Council consideration on or before October 16, 2002. Alternatively, deny the proposed project based upon noncompliance with the General Plan with respect to the FAR. S: \Community Development \I P D \2000 \10 \Staff Report \cc IPD 2000 -10 Asadurian.doc v ti: to ai w.� Honorable City Council Meeting of August 21, 2002 Page 4 Approval of the Industrial Planned Development application. The Planning Commission spent considerable time reviewing the IPD application. The Commission seemed to be pleased with the overall architecture and landscaping for the project but had difficulty with the intensity of the development. However, the Commission ultimately, on a 3 to 1 vote (Commissioner Parvin dissenting and Chair Otto absent) recommended approval of the project to the City Council. If it is the Council's desire to approve the project staff would suggest consideration of approval with a lower FAR. The proposed 1.02 FAR is almost over two and one -half times the General Plan FAR for Medium Industrial and would be, if approved by the Council, the highest FAR for mini - storage in Moorpark. Approval of a lower FAR, one more in line with the 0.76 FAR for A -Z Storage, would allow for a reduction of the overall mass of the currently proposed project and allow for the provision of parking /loading areas near or adjacent to the ground floor units. It is unreasonable to think that people are going to park at the office and ferry their merchandise to the ground floor units. What is more likely to happen is that those people who rent the ground floor spaces which open to the perimeter aisle, will park /load or unload in the fire lane. The redesign to a lower FAR would allow more space on -site so that the applicant could easily provide parking /loading areas beyond the required fire lane, in sufficient quantity, adjacent or nearby the ground floor units. Recommendation: Direct the applicant to redesign the project to meet a FAR of 0.76 and bring back those plans for consideration of approval by the Council with the proposed Development Agreement on October 16, 2002. 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 impacts of the proposed project on the environment will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared (Attachment 7), and is recommended to be adopted in compliance with the State of California Environmental Quality Act Guidelines (CEQA). S: \Community Development \I P D \2000 \10 \Staff Report \cc IPD 2000 -10 Asadurian.doc Honorable City Council Meeting of August 21, 2002 Page 5 SUMMARY OF OPTIONS There are three options before the Council for consideration: 1. Approve the project as recommended by the Planning Commission; 2. Continue the project, appoint the Ad Hoc Committee and direct changes, if desired, to the proj -ect; 3. Deny the project. STAFF RECObSONDATION 1. Open the public hearing, accept public testimony, and continue the public hearing to October 16, 2002. 2. Appoint a Council Ad Hoc Committee and direct the Committee and staff to negotiate a proposed Development Agreement for Council consideration on or before October 16, 2002. 3. Direct the applicant to prepare revised plans at a FAR of 0.76 and provide parking /loading adjacent or nearby the ground floor units and bring back those plans for consideration of approval by the Council with the proposed Development Agreement. ATTACHMENTS: 1. Planning Commission Staff Report of June 24, 2002. 2. Planning Commission Resolution No. PC- 2002 -425 with Recommended Conditions of Approval. 3. Draft City Council Resolution Approving Industrial Planned Development No. 2000 -10. 4. Negative Declaration. S. Letter from Shiloh Community Church, dated August 7, 2002. 6. Project Exhibits. 7. Draft Minutes of June 24, 2002, Planning Commission Meeting. S: \Community Development \I P D \2000 \10 \Staff Report \cc IPD 2000 -10 Asadurian.doc MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Paul Porter, Principal Planner b, Barry K. Hogan, Community Development Directo DATE: June 19, 2002 (PC Meeting of 6/24/02) SUBJECT: Consider Industrial Planned Development Permit No. 2000 -10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner Of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511 -0- 070 -55). BACKGROUND On September 24, 2001, this project was first heard and then continued to November 13, 2001. The project was re- advertised and heard by the Planning Commission at its March 25, 2002 meeting, at which time the Planning Commission established an Ad Hoc Committee consisting of Commissioners Janice Parvin and Mark DiCecco to suggest revisions to the building design to make it more compatible with other industrial buildings in the surrounding area. The hearing was continued to May 13, 2002 to allow the applicant time to meet with the Ad Hoc Committee and incorporate Committee recommended changes. Since that time, the applicant has made several modifications to the elevations and plot plan. DISCUSSION At its May 13, 2002 meeting, the Planning Commission discussed concerns related to architecture, the appropriateness of this use, the need for a revised landscape plan, the size of the use relative to other similar uses in the general vicinity, the importance of CC ATTACHMENT 1 Honorable Planning Commission June 24, 2002 Page 2 having a job /housing balance, and the need for additional architectural articulation. Motions were made for both recommending approval and denial of the project. Both motions failed for lack of a second. The Planning Commission ultimately adopted a motion to continue the hearing to June 24, 2002 and requested that the applicant submit a revised landscape plan and make additional architectural changes to the building elevations. Revised Protect: On June 7, 2002, staff received the revised project from the architect, which was forwarded to the Ad Hoc Committee. Comments from the Ad Hoc Committee of_ Commissioners DiCecco and Parvin will be presented by the Committee members at the June 24 Planning Commission hearing. Changes to the plans from those shown at the Planning Commission hearing on May 13, include the following modifications: • A watertable element has been added at the pavilions facing both New Los Angeles and Goldman Avenues. The design watertable element consists of split -face block stopping with a stucco foam cap approximately eight inches below the springline of the arches. The foam trim element will be painted an accent color. • The recessed accent with metal trim has been doubled in size and is centered over each arch. Foam trim has been added around the recess. The metal accent that is placed over the recess is to be constructed of tubular steel, painted in a matte black finish. • The glazed block accent has been changed to a multi- color tile increased to twice the original size and is centered over arched elements. • The trellis has been modified to include some additional band sawn at the ends. Additional supports have been added to improve the appearance Honorable Planning Commission June 24, 2002 Page 3 of the trellis as well as adding additional structural stability. Also, additional projecting elements, doubling the number previously shown, have been added. • The tower element has been modified to include a recessed element with decorative metal accent. The split face watertable design element has also been added. • A foam trim element was added around the recessed accents and windows. • Four small glazed blocks, approximately sixteen inches square, have been centered over each window, half way between the top of the window trim and bottom of the cornice. • The landscape buffer between the northeast pavilion and the parking stall has been increased in size. • The fence pilasters have been re- spaced on the elevations to reflect what is shown on the site plan. Inconsistencv with General Plan Goals and Policies Staff remains concerned that this project is in conflict with City General Plan Land Use Element Goal 13, Policies 13.1 and 13.2 (Economic Development and Employment) which encourage a balanced jobs /housing ratio and new commercial and industrial uses, which generate long -term employment opportunities and diversify the community's employment base. The City has insufficient jobs for the number of existing and proposed houses and has limited remaining undeveloped commercial/ industrial land in which to create a jobs /housing balance. Staff continues to be concerned that the proposed mini - warehouse (storage) facility will not generate long -term employment opportunities or assist the City with its goal of maintaining a jobs /housing balance. Honorable Planning Commission June 24, 2002 Page 4 Inconsistency with Land Use Element Recommended 0.38 FAR (Floor Area Ratio) for Medium Industrial Land Use Category The Land Use Element includes a 0.38 FAR as a component of the Medium Industrial (I -2) land use category description. The size of the proposed project remains inconsistent with the 0.38 FAR density and intensity assumption for the I -2 land use category and is out of scale with the size of other industrial development in the area. The FAR for neighboring buildings is as follows: Jiffy Lube to the east (0.28), industrial building to the north (0.48), A -Z Storage (0.76) . The FAR for the Moorpark Stow -It located at 12160 Poindexter Avenue is 0.32. This project has a FAR of 1.02, which is significantly greater than the recommended 0.38 FAR for new construction in the Medium Industrial (I- 2) land use designation and other existing developments in the area. While the Zoning Ordinance allows the City to establish the maximum FAR on a project by project basis, the proposed FAR for this project seems excessively high. With a lesser FAR, greater setbacks from New Los Angeles Avenue might be achieved or Building A could be reduced to a single story. 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 impacts of the proposed project on the environment will not have a significant effect on the environment; therefore, a Negative Declaration is recommended to be adopted in compliance with the State of California Environmental Quality Act Guidelines (CEQA). SUMMARY The revised architecture has continued to improve with each revision. However, staff continues to have a concern regarding General Plan consistency with respect to the excessively high FAR. The proposed FAR of the project significantly exceeds the General Plan 0.38 FAR designated for the Medium Industrial land use category and the project Honorable Planning Commission June 24, 2002 Page 5 does not provide any substantive economic benefit or assist in achievement of a jobs /housing balance. Two resolutions have been included in the staff report for the Commission's consideration, a resolution recommending denial of the project and a resolution recommending approval with findings and conditions. STAFF RECOMMENDATION 1. Ask for public comments regarding the revised project. 2. Consider the Negative Declaration prepared for the requested entitlements prior to making a recommendation to the City Council. 3. Adopt Resolution No. PC -2002= recommending to the City Council denial of Industrial Planned Development Permit No. 2000 -10. ATTACHMENTS: 1. Planning Commission staff report for the May 13, 2002 hearing 2. Project Exhibits 3. Initial Study and Negative Declaration 4. Draft Resolution - recommending denial 5. Draft Resolution - recommending approval (with Conditions of Approval) RESOLUTION NO. PC- 2002 -425 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -10, LOCATED AT 875 NEW LOS ANGELES AVENUE, ON THE APPLICATION OF ASADURIAN INVESTMENTS (ASSESSOR PARCEL NO. 511 -0- 070 -55 AND 56) WHEREAS, at duly noticed public hearings on September 24, 2001, November 13, 2001, March 25, 2002, May 13, 2002, and June 24, 2002, the Planning Commission considered Industrial Planned Development No. 2000 -10 on the application of Asadurian Investments for a 113,994 square foot mini - warehouse /office building on a 112,184 square foot parcel located at 875 Los Angeles Avenue at the northwest corner of Los Angeles Avenue and Goldman Avenue (Assessor Parcel No. 511 -0- 070 -55); and WHEREAS, at its meeting of September 24, 2002, the Planning Commission opened the public hearing and took public testimony and continued the item, public hearing open, to November 13, 2001, at which meeting the Planning Commission took the item off calendar; and WHEREAS, at a duly renoticed public hearing on March 25, 2002, the Planning Commission opened the public hearing, took public testimony and continued the public hearing to May 13, 2002, and subsequently continued the public hearing to June 24, 2002; and WHEREAS, at the duly noticed hearing on June 24, 2002, the Planning Commission after review and consideration of the information contained in the staff reports and public testimony, has reached a decision on this matter. NOW THEREFORE, the Planning Commission hereby resolves as follows: SECTION 1. ENVIRONMENTAL FINDINGS A. The Negative Declaration/ Initial Study for the project is complete and has been prepared in compliance with CEQA, and City policy. CC ATTACHMENT 2 Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 2 B. The contents of the Negative Declaration/ Initial Study have been considered in the various decisions on the proposed entitlement request. C. The Planning Commission has received and considered the information contained in the Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. D. 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 21000), the Planning Commission has determined that the Negative Declaration prepared for this project has been completed in compliance with CEQA and the State CEQA Guidelines. This finding reflects the independent judgement of the Planning Commission of the City of Moorpark. .'. SECTION 2. INDUSTRIAL 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: A. The proposed use is consistent with the intent and provisions of the City's General Plan and Title 17 of the Municipal Code. B. The proposed use is compatible with the character of the surrounding development. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses. D. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare. E. 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, Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 3 and the structure has design features which provide visual relief and separation between land uses of conflicting character; and SECTION 3. GENERAL PLAN FINDINGS. The aforementioned project is consistent with the City's General Plan for the following reasons: A. The mini - warehouse use has the potential to provide limited additional job opportunities in that the facility will provide a sales area for storage materials and provide job opportunities for the managers of the facility, thereby assisting the City with its goal of maintaining a jobs /housing balance. B. The proposed facility is considered to be architecturally compatible with other existing industrial buildings in the surrounding area. C. Although the floor area ratio (FAR) for this development exceeds the General Plan Land Use Element recommended floor area ratio of .38, traffic generation created as a result of the mini - warehouse use is insignificant and the demand for a self - storage facility justifies a greater FAR. D. The need for mini - warehouse storage is of importance to the City as there is a significant number of existing and approved, but not yet built, residences in the City with insufficient storage, and an existing and projected demand for additional mini - warehouse opportunities. SECTION 4. APPROVAL WITH CONDITIONS. The Planning Commission recommends to the City Council approval of Industrial Planned Development Permit No. 2000 -10 subject to conditions in Exhibit A (Conditions of Approval). SECTION 5. FILING OF RESOLUTION The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. '­, ,;....sa Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 4 The action of the foregoing direction was approved by the following vote: AYES: Commissioners Haller and DiCecco and Vice Chair Landis NOES: Commissioner Parvin ABSTAIN: ABSENT: Chair Otto PASSED, APPROVED, AND ADOPTED THIS 24th DAY OF JUNE, 2002. William F. Otto, Chair ATTEST: JB r K. H ga , Community pme rector Exhibit A - Conditions of Approval ,i�•F F �, J1 /T A,RJiy. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 5 F.XHISIT A TO APPROVING RESOLUTION NO. PC -2002- CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2000 -10 A. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS General Requirements: 1. 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. 2. Fish and Game Requirement: Prior to the City Council hearing on this Industrial Planned Development Permit, the Developer 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. 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. 3. Continued Maintenance: The continued permit area and facilities shall be inspection by the City. The permittee remedy any defects in ground or buil indicated by the City within five (5) notification. maintenance of the subject to periodic shall be required to ding maintenance, as business days after 4. 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 on file in the Community Development Department office. 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 require the issuance of a Zoning Clearance from the Community Development Department. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 5. Other Regulations: This development is subject to all applicable regulations of the M -2 Zone, and all requirements Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 6 and enactments of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 6. Discontinuance of Use: This Industrial Planned Development Permit shall expire when any of the uses for which it is granted are abandoned for a period of 180 consecutive days. 7. Final construction working drawings, grading and drainage plans, plot plans, building colors and materials, sign programs, and landscaping and irrigation plans shall be submitted to the Community Development Director for review and approval prior to the issuance of any permit and prior to any construction. 8. 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. >c The Community Development Director 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 the Developer 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 to the Community Development Director, at least thirty (30) -days prior to the expiration date of the permit. 9. 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. (Unenforceable and not necessary considering condition 5.) 10. 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. 11. Severability: If any of the conditions or limitations of this permit are held to be invalid, that holding shall not Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 7 invalidate the remaining conditions or limitations set forth. 12. 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. 13. 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 Community Development Department. 14. Zoning Clearance Required for Occupancy: In order to determine if the proposed use are compatible with the zoning and terms and conditions of the permit prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for and receive a Zoning Clearance from the Community Development-Department. 15. Certificate of Occupancy Requirement: Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Department shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed or the Developer has provided a faithful performance surety. At the discretion of the Community Development Director and upon the posting of surety by the Developer, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 16. Tenant Occupancy: Prior to occupancy, those proposed uses, which require review and approval for compliance with all applicable State and local regulations related to storage, Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 8 handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Community Development Department. If required by the County Environmental Health Division, the Developer shall prepare a hazardous waste minimization plan. 17. 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, the current or new owner shall file the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) with the Community Development Department. The change of ownership letter shall include an acknowledgement that the new owner agrees with all conditions of this permit. 18. Other Uses: If in the future, any use or uses are contemplated on the site differing from that specified in the initial Zoning Clearance approved for the occupancy, either the permittee, owner, or prospective tenant shall file a Zoning Clearance application prior to the initiation of the use. If the Community Development Director determines that the proposed use is not compatible with the M -2 Zone and the terms and conditions of this permit, a Modification to the Planned Development Permit may be required. 19. Business Registration: All contractors doing work in Moorpark are required to have a valid Business Registration Permit. 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. 20. APCD Review of Uses: Certificate of Occupancy shall be withheld until the Developer has provided proof of compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials as required by the Ventura County, Air Pollution Control District. 21. Utilities Assessment District: The Developer agrees not to protest the formation of an underground Utility Assessment District. 22. Noxious Odors: No noxious odors shall be generated from any use on the subject site. 23. Uses and Activities to be Conducted Inside: All uses and v activities shall be conducted inside the building(s) unless Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 9 otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 24. Graffiti Removal: The Developer and his /her successors, heirs, and assigns shall remove any graffiti within five (5) business days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 25. Case Processing Costs: Prior to the issuance of a Zoning Clearance for construction or within thirty (30) days following project approval, whichever occurs sooner, the Developer shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. Prior to or concurrently with the submittal of a grading plan or plans for building permits the Developer shall pay the required Condition Compliance deposit. 26. Code Enforcement Costs: The Community Development Director 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 Developer 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 Developer 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). Prior to the Issuance of a Zoning Clearance Conditions: 27. Submittal of Final Landscape Plans: Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program, prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, shall be submitted to the Community Development Director for review and approval. The landscaping shall control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of the building height and mass. Final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application, except as modified herein. Along with the submittal of the final landscape plans the Developer shall submit the required deposit to cover the costs of the landscape plan review, installation of the landscaping and irrigation Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 10 system, and of final landscape inspection. Final landscape plans, once approved by the Community Development Director shall be installed and receive final inspection prior to occupancy. All landscaped areas 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, consistent with Municipal Code requirements, as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking and driveway areas, and screen the view of the building from public streets and other areas as determined by the Community Development Director to offset the value of the trees removed from the site. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Community Development Director along Los Angeles Avenue and Goldman Avenue, and as otherwise determined by the Community Development Director. b. If consistent with National Pollutant Discharge Elimination System (NPDES) requirements, the landscaping along Los Angeles Avenue shall be bermed as approved by the Community Development Director. C. The landscape plan shall include the final design and location 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 or of a low water use variety. e. Landscaping at site entrances /exits and intersection within the parking lot shall be designed to allow adequate visibility for drivers consistent with standard traffic engineering practice. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 11 f. Plantings in and adjacent to parking areas shall be contained within at least 6 -inch high raised concrete planters. g. Landscaping shall be designed to not obstruct the view of any exterior door or window from the street /parking aisle. h. 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 Community Development Director) 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 size. 1. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Developer or any subsequent owner shall be responsible for maintaining the irrigation system and all landscaping. The Developer or any subsequent owner shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. M. No perimeter and /or garden walls are proposed for construction with this project. Landscaping shall be located around the perimeter of the exterior building as shown on the conceptual landscape plan. n. Prior to Final Inspection, the Developer's landscape consultant shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 12 28. Offer of Dedication for Landscape Maintenance: Prior to issuance of a Zoning Clearance for construction, the Developer shall provide an irrevocable offer to dedicate to the City any easements required for the City to access and maintain any landscaped areas or drainage improvements outside of the public right -of -way, which have been designated to be maintained by the City. In addition, prior to issuance of a Zoning Clearance, the Developer shall also provide to the City a signed Petition /Waiver: a) requesting formation of an Assessment District to fund future costs for the maintenance of any landscaping and /or drainage facilities designated to be maintained by the City, and b) waiving all rights conferred by Proposition 218 with regard to the right to protest any such assessments. Said Petition and Waiver shall include, as an Exhibit, an Engineer's Report fully setting forth a description of the assessment district and the assessments, consistent with the requirements of the California Streets and Highways Code. Said report shall be prepared by a consultant to be retained by the City. The Developer shall pay to the City a $5,000 advance to fund the cost of the Engineer's Report. In the event it is determined that there will be no landscaping or extraordinary drainage improvements to be maintained by the City, the Community Development Director may waive this condition with the concurrence of the City Manager. 29. The Building Plans or Plot Plan, and Elevations shall be revised to reflect the following: a. 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 a masonry wall, landscaping, or a combination of both. b. All fences and walls shall be shown on the plot plan. C. All required loading areas and turning radius shall be depicted on the plot plan. A 45 -foot turning radius shall be shown for loading zones consistent with the AASHO WB -50 design vehicle. d. Elevations of proposed hardscape treatment (including but not limited to the building entrance, window and door treatment, etc.) shall be submitted with the final construction plans. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 13 30. 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 Community Development Director., 31. 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. 32. Lighting Plan: For all exterior lighting, a lighting plan, prepared by an electrical engineer registered in the State of California, shall be submitted to the Community Development Department with the required deposit for review and approval. The lighting plan shall 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 Community Development Director. 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 - foot (101) 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 -five feet (25') . C. Fixtures must possess sharp cut -off qualities with a maximum of one foot (1') candle illumination at or beyond property lines. d. Energy efficient lighting devices shall be provided. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 14 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 Community Development Director, consistent with Title 17 of the Municipal Code. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. f. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. g. 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 Community Development Director. All exterior lighting devices shall be protected by weather and breakage resistant covers. h. Lighting at all exterior doors shall be illuminated with a minimum maintained two (2) footcandles at ground level. i. Prior to the issuance of a Building Permit, a copy of the lighting plans shall be submitted to the Police Department for review. 33. Location of Property Line Walls: Where the building acts as the property line wall, such wall shall be no further than one inch from the property line. No other perimeter walls are proposed for this project. 34. Downspouts: No downspouts shall be permitted on the exterior of the building. 35. 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 Community Development Director. 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 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 Community Development Director. All screening shall be tall enough to block all ground level views as well as those from the street and Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 15 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. 36. 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 Community Development Director, and located a minimum of twenty (20') feet from any residentially zoned property. The wall shall be constructed of materials and colors consistent with the main building. 37. Building Materials and Colors: All exterior building materials and paint colors shall be those typical of the proposed architecture and are subject to the review and approval of the Community Development Director. 38. 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 Community Development Director may request that a noise study, prepared by a licensed Acoustical Engineer in accordance with acceptable engineering standards, be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level 39. Striping of Spaces: All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 40. 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. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 16 41. Disposal Areas on Site 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. Trash areas and recycling bins shall be depicted on the final construction plans, the design, location, and size of which shall be approved by the Community Development Director and the City's solid waste management staff. All trash disposal and recycling areas shall be designed in accordance with the following requirements: 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. Refuse collection and recycling space shall provide for two three -cubic yard collection bins for the first 20,000 square feet of gross floor area (107" x 84" or 168" x 53.5 ") and two three -cubic yard collection bin -' for each 10,000 square feet or fraction thereafter. Space for drop box collection of recyclables may be provided in lieu of three -cubic yard bins. The dimensions provided apply to the space available when the gate is fully open. C. The design of the disposal area enclosures shall be architecturally consistent with the development and compatible with the surrounding area as approved by the Community Development Director. d. Each disposal area enclosure shall be screened with a six foot (6') high solid masonry wall enclosure and six foot (61) high gates and shall be designed with cane bolts to secure the gates when in the open position. e. Disposal area enclosures shall have a roof so as to be protected from weather conditions. f. 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. g. A sign, approved by the Community Development Director, clearly identifying all recycling and solid waste �, u > S Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 17 a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the Community Development Department. 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. collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. h. Areas required by the Municipal Code to be maintained as unencumbered, according to fire and other applicable building and /or public safety laws shall be kept free and clear of refuse disposal. i. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. j. Recycling enclosures shall comply with the equal access requirements of Title 24 and the Americans with Disabilities Act. k. Enclosures shall be designed to have a separate indirect, unemcumbered pedestrian access way. 1. Prior to Zoning Clearance for Building Permit, the City -..., Engineer will review the design plan for compliance with National Pollution Discharge Elimination System (NPDES) requirements. M. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. The required drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. 42. The franchised refuse hauler designated to service this location will be determined prior to construction. 43. 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. 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. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 18 b. The building manager or designee shall conduct a routine on -site waste management education program, coordinated with the City's Solid Waste Management Department, for employees informing them of any new developments or requirements for solid waste management. 44. Enforcement of Vehicle Codes: Prior to Occupancy of the buildings, the Developer 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. 45. Prior to issuance of Zoning Clearance for building permit, the Developer shall pay the following fees in the amounts stated or as may be in effect at the time of the issuance of building permits: a. Current and Future Park System Contribution Fee, in the amount of $.25 per gross square foot of building floor area. b. Art in Public Places Fee, in the amount of $.10 per gross square foot of building floor area. The Developer 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 Fee, in the amount of $.15 per gross square foot of building floor area to fund TSM Programs or Clean -fuel Vehicle Programs as determined by the City. d. Citywide 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. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve- (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 19 as the next subsequent annual indexing which results in an increase. B. CITY ENGINEER CONDITIONS General Conditions: 46. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, etc.) in a form acceptable to the City. 47. The Developer shall indicate in writing to the City 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. 48. All existing and proposed utilities shall be under grounded as approved by the City Engineer. Prior to Issuance of a Zoning Clearance for a Building Permit: 49. Prior to issuance of a building permit, the Developer shall pay to the Community Development Department the Los Angeles Avenue Area of Contribution (AOC) fee consistent with adopted City Council resolution. The cost shall be the dollar amount in effect at the time the fee is paid. 50. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 51. The Developer shall provide revised Drainage Atlas Sheets showing all drainage improvements provided by the development, if applicable. The form, content and format of the Atlas shall be prepared to the satisfaction of the City Engineer. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 20 Prior to acceptance of public improvements and bond reduction and /or exoneration, the following conditions shall be satisfied: 52. Sufficient surety, in a form and in an amount acceptable to the City Engineer, guaranteeing the public improvements shall be provided and remain in place for one year following acceptance by the City. 53. Original "as built" plans shall be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. The "record drawings" shall be submitted in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer and City Clerk. In addition, Developer shall provide an electronic file update to the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project, if applicable. Geotechnical Engineering Requirements: 54. Prior to submittal of grading plans, the Developer shall have a geotechnical report prepared to the satisfaction of the City Engineer. The geotechnical report shall address, at a minimum, the following: a. The Developer or subsequent developers shall contract with an engineering geologist and geotechnical engineer to quantify the engineering properties of the on -site soil materials, to assess the potential for weak soils or bedding layers which may affect cut and /or natural slopes, and to verify that grading planned within landslide areas will be remediated to result in an increase in landslide stability consistent with factors of safety approved by the City's consulting Geotechnical Engineers. This geotechnical study shall, as deemed necessary by the City Engineer and consulting City Geologist and Geotechnical Engineer, further assess slopes within or adjacent to proposed residential development areas (depending on the final configuration of proposed individual residential parcels). The findings and recommendations of the Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 21 geotechnical assessment shall be incorporated into the final design for the components of the project. b. All cut and fill slopes, foundations and structures, shall be designed and constructed to comply with Chapter 70 of the Uniform Building Code (UBC) and applicable City and /or Country Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist. C. An engineering geologist shall define the final grading requirements for the proposed facilities. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. Foundation designs in areas where fault traces were identified that have been deemed inactive should address enhancing the stability of those foundations in the event minor movement occurs as a secondary effect of ground shaking. d. The developer shall cause an engineering geologist to study all unanticipated faults exposed during grading to detect any evidence of possible recent activity. All active fault lines will be clearly shown on the grading plan and final map, if applicable. No habitable structure shall be placed within 50 feet of any fault trace. e. All habitable structures shall be designed to accommodate structural impacts from 0.12g- ground acceleration or other standard factor of safety deemed applicable to this project. The standards shall be prepared to the satisfaction of the City Engineer. f. The developer shall contract with an engineering geologist to prepare grading recommendations, foundation design criteria, and other recommendations regarding detailed project design. As a component of required subsequent geologic studies, a soils engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted prior to placement of structures upon such soils. Other measures shall be incorporated into the final project design as required by the geological Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 22 assessment. All geological recommendations shall be to the satisfaction of the City Engineer. g. The Developer shall submit to the City Engineer 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. Also, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Should additional geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. h. Review of the Geotechnical Engineering Report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. i. 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 soil 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 soil report(s). General Grading Requirements: 55. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. C. Al : , .4 /y Fr 17) Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 23 d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. a.r. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large -scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 56. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. A trained BMP Supervisor shall be onsite during all construction activities. (The qualifications of the BMP supervisor shall be to the satisfaction of the City Engineer). The following water quality assurance techniques shall be included, but not limited to the following, as deemed necessary: a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydro seeding, jute blankets, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. c. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. v v Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 24 d. Rough grade contours to reduce flow concentrations and velocities. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 57. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices (BMPs) including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Permanent desilting basins. d. Permanent vegetation, including grass -lined swales. e. Design of drainage courses and storm drain outlets to reduce scour. 58. Prior to issuance of the initial grading permit, the developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long -term operational effects on downstream environments and watersheds. A Certified Erosion and Sediment Control Professional or a qualified Civil Engineer shall prepare this plan. The use of jute or other artificial cover approved by the City Engineer will be required for all graded slopes during the period of October 1 through and inclusive of April 15. Proposed management efforts shall include but not be limited to provisions for the use of vegetative filtering, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 25 the Community Development Director and City Engineer prior to issuance of grading permits for mass grading. 59. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 6 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 City receive complaints from adjacent property owners. No construction work is to be done on Sundays and City observed holidays. b. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. C . The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail - Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be +el, -� Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 26 approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. 60. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan 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. 61. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 62. Concurrent with submittal of the rough grading plan a sediment and erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas within 30 days of `=- completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 63. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 1,000 total truck loads or 10,000 cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations in accordance with City Council Resolution establishing grading requirements. A haul route is to be submitted for review and approval by the City Engineer and Community Development Director. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. 64. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. 65. Temporary irrigation, hydroseeding and erosion control measures 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 Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 27 a temporary or permanent 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 except that during the rainy season these measures will be implemented immediately. 66. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, a certified soils engineer will review plans and his /her recommendations will be subject to the review and approval of the City Engineer and the Community Development Director. 67. All graded slopes shall be planted in a timely manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. The planting will be to the satisfaction of the Community Development Director and the City Engineer. During Grading, the Following Conditions Shall Apply: 68. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. In order to comply with the October 1 date, revised erosion control plans shall be submitted to the City Engineer no later than September lst of each year from the start of grading or clearing operations to the time of grading bond release. 69. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits will be provided to the City Engineer. 70. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 71. During clearing, grading, earth moving or excavation operations regular watering shall control dust. In addition the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 28 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 grading plan shall indicate the number of water trucks that 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 15 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. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 72. 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, or sweep public stre remove silt (i.e., the site by wind, etc.), which may activities. as directed by the City Engineer, ets in the vicinity of the site to fine earth material transported from vehicular activities, water runoff, have accumulated from construction 73. 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 vv�.��i Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 29 levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 74. 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. 75. 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. 76. Backfill of any pipe or conduit shall be in 4 -inch fully compacted layers unless otherwise specified by the City Engineer. 77. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 4 feet of lift and 100 lineal feet of trench excavated. 78. Observe a 15 -mile per hour speed limit for the construction area. 79. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. Road and Traffic Requirements: 80. Driveways shall be designed in accordance with the latest Ventura County Road Standards. 81. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction. 82. The Developer shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. All fences, walls and �4 other structures over six (6) feet high are to be submitted C .. I I- Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 30 to and approved by the Community Development Director and the City Engineer. 83. The location of the centerline of the driveway into the project shall be a minimum of 250 feet from the centerline of Los Angeles Avenue. The site design shall accommodate turning movements for a semi - truck, particularly for the movements a semi -truck requires to safely exit the site onto Goldman Avenue. 84. The Developer 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 ($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. Prior to Zoning Clearance for building permit, the developer's traffic engineer shall provide the Community Development Director and City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. Street Lighting: 85. Final street lighting orientation and design along Los Angeles and Goldman Avenues shall be to the satisfaction of the City Engineer. If additional streetlights are required, the Developer shall submit improvement plans per the City of Moorpark and Ventura County Standards and installation shall occur prior to occupancy approval. 86. The applicant shall install two 22,000 lumen street lights on Los Angeles Avenue. As determined by the City Engineer, the applicant is required to pay the City for the total cost of all street lights. Drainage Requirements: 87. 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 improvements and shall post sufficient surety guaranteeing the construction of all improvements. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 31 88. The plans shall depict all on -site and off -site drainage structures required by the City. 89. The drainage plans and calculations shall relate to conditions before and after development. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses will be addressed. 90. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: a. All storm drains shall carry a 10 -year frequency storm. b. All catch basins shall carry a 10 -year storm. C. 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. d. All culverts shall carry a 100 -year frequency storm. 91. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways. 92. "After- development" drainage to adjacent parcels shall not be increased above "Pre- development" drainage quantities nor will surface runoff be concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided to the satisfaction of the City Engineer. 93. Drainage grates shall not be used at any location. 94. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. 95. Drainage devices 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 to the satisfaction of the City Engineer. 96. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 32 improvements, required by the City, to support the proposed development. 97. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty - year storm event. A rainfall intensity Zone K shall be utilized in the design unless an alternate design intensity is approved by the City Engineer. Detention facilities shall include paved spillways. 98. The Developer shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. 99. The Developer shall demonstrate, for each building pad within the development 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 Flood Control Standards. d. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. National Pollutant Discharge Elimination System ( NPDES): 100. Prior to the issuance of any construction/ grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan ( SWPCP) to the satisfaction of the City Engineer. 101. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 102. 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. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 33 103. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 104. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan (SWPPP). 105. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 106. Prior to Zoning Clearance approval, Developer will provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 107. Prior to City issuance of the initial grading permit, the Developer shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite will not be allowed. 108. The project construction plans shall state that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. C. All common area property locations shall be maintenance free of litter and debris. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 34 d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. e. All common sidewalks, walkways, and parking areas shall be swept regularly- to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent must be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. f. The City will require that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices 109. Prior to the starting of grading or any ground disturbance the Developer shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 400 or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent. In summary, an NPDES superintendent shall be employed to assure NPDES compliance during the construction operations on the site. C. FIRE DEPARTMENT CONDITIONS 110. Access Road Width: An on -site access road of thirty (30) feet shall be provided. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 35 111. Vertical Clearance: All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 112. Fire Lanes: Prior to construction, the Developer shall submit two (2) site plans to the Ventura County Fire Protection District (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. 113. Turning Radius: The access road shall be of sufficient width to allow for a forty- (40) foot outside turning radius at all turns in the road. 114. Access Road Gates: Any gates to control vehicular access are to be located to allow a vehicle waiting for entrance to be completely off the intersection roadway. A minimum clear open width of fifteen (15) feet in each direction shall be provided for separate entry /exit gates and a minimum twenty (20) feet for combined entry /exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure, shall be submitted to the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 115. Walkways: Approved walkways shall be provided from all building openings to the public way or Fire Department access road /driveway. 116. Address Numbers: 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. 117. Address Number Plan: A plan shall be submitted to the Fire District for review indicating the method by which this Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 36 building will be identified by address numbers (Suite Numbers). 118. Fire Hydrant Plan: Prior to construction, the Developer shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. 119. Fire Hydrant (s) Required: Fire Hydrants shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix III -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 120. Fire Hydrant Design: Fire hydrants 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 two (2) 4 -inch and two (2) 2 -1/2 inch outlet(s). b. The required fire flow shall be achieved at no less i 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. e. No obstructions, including walls, trees, light and sign posts, and any meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending eighteen (18) inches out from the fire hydrant. g. Ground clearance to be the lowest operating nut shall be between eighteen (18) and twenty -four (24) inches. 121. Hydrant Location Markers: Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final Asphalt cape is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. 122. Fire Flow: The minimum fire flow required shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices C .( 'c 0 "1, ,,' , rn : -" _ "� Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 37 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 3,500 gallons per minute at 20 psi for a minimum three- (3) hour duration. A minimum fire flow of 1,500 gallons per minute shall be provided from any one hydrant. The Developer shall verify that the water purveyor can provide the required volume at the project. 123. Fire Sprinklers: Any structure greater than 5,000 square feet in area and /or five (5) miles from a fire station shall be provided by an automatic sprinkler system in accordance with Fire District requirements. 124. Fire Protection System Plans: Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc) shall be submitted with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 100 or more heads shall be supervised by a alarm system in accordance with Fire District requirements. 125. Fire Extinguishers: Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 126. Trash Dumpster Locations: Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 127. Hazard Abatement: All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with Fire District requirements. 128. Fire Department Clearance: The Developer shall obtain and comply with the provisions of Fire District Form #126 Requirements For Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 129. Building plans of all assembly occupancies shall be submitted to the Fire District for plan check. Resolution No. PC- 2002 -425 IPD 2000 -10 (Asadurian Investments) Page 38 D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 130. The Developer 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 Developer shall comply with the applicable provisions of the District Rules and Regulations. 131. 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. E. POLICE DEPARTMENT CONDITIONS 132. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, such as from ladders, trees, high walls, etc. 133. All new construction, shall comply with public safety measures as determined by the Moorpark Police Department prior to Building Permit approval. F. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS 134. If applicable, prior to the issuance of a Building Permit, the Developer shall pay all school assessment fees levied by the Moorpark Unified School District. G. BUILDING DEPARTMENT CONDITIONS 135. Use of Asbestos: No asbestos pipe or construction materials shall be used. 136. Prior to issuance of a Building Permit, the Developer 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. Developer shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2000 -10, LOCATED AT 875 LOS ANGELES AVENUE, ON THE APPLICATION OF ASADURIAN INVESTMENTS (ASSESSOR PARCEL NO. 511 -0- 070 -55 AND 56) WHEREAS, at it's a duly noticed Public Hearing on June 24, 2002, the Planning Commission recommended conditional approval to the City Council of Industrial Planned Development Permit No. 2000 -10; and WHEREAS, at duly noticed public hearing on August 21, 2002, the City Council considered Industrial Planned Development No. 2000 -10, on the application of Asadurian Investments, for a 113,994 square foot mini - warehouse /office building on a 112,184 square foot parcel located at 875 Los Angeles Avenue at the northwest corner of Los Angeles Avenue and Goldman Avenue (Assessor Parcel No. 511 -0- 070 -55 and 56); and WHEREAS, at its meeting on August 21, 2002, the City Council conducted a public hearing, received public testimony, and closed the public hearing; and WHEREAS, the City Council after review and consideration of the Planning Commission recommendation in Resolution No. PC -2002- 425, the information contained in the staff report and public testimony, reached a decision on this matter on August 21, 2002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN CONSISTENCY: The City Council finds that: A. The mini - warehouse use has the potential to provide limited additional job opportunities in that the facility will provide a sales area for storage materials and provide job opportunities for the managers of the facility, thereby assisting the City with its goal of maintaining a jobs /housing balance. B. The proposed facility is architecturally compatible with other buildings in the surrounding area. CC ATTACHMENT 3 considered to be existing industrial c,f`�6� , V F ' I- i, J Resolution No. 2002 - Page 2 C. Although the floor area ratio (FAR) for this development exceeds the General Plan Land Use Element recommended floor area ratio of 0.38, traffic generation created as a result of the mini - warehouse use is insignificant and the demand for a self - storage facility justifies a greater FAR. D. The need for mini - warehouse storage is of importance to the City as there is a significant number of existing and approved, but not yet built, residences in the City with insufficient storage, and an existing and projected demand for additional mini - warehouse opportunities. SECTION 2. ENVIRONMENTAL DOCUMENTATION: A. The Negative Declaration/ Initial Study for the project has been prepared in compliance with CEQA, and City policy and the contents of the Negative Declaration/ Initial Study have been considered in the various decisions on the proposed entitlement request. B. The City Council has received and considered the information contained in the Negative Declaration prior to acting on the proposed project and has found that this document adequately addresses the environmental effects of the proposed project. C. 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 21000), the City Council has determined that the Negative Declaration prepared for this project has been completed in compliance with CEQA and the State CEQA Guidelines. This finding reflects the independent judgement of the City Council of the City of Moorpark. SECTION 3. INDUSTRIAL PLANNED DEVELOPMENT PERMIT 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: A. The proposed use is compatible with the character of the surrounding development in that the project design includes sufficient landscaping and the proposed buildings are setback sufficient distance from Los Angeles Avenue to provide a reasonable level of aesthetics. B. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses in that the plan for site has been designed to minimize traffic conflicts Resolution No. 2002 - Page 3 with adjacent uses by coordinating driveways with across the street driveways and provide sufficient on -site parking. . C. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions of approval and the project design is such that it will meet the requirement of N.P.D.E.S., be designed to have adequate site drainage, provides adequate on -site circulation for fire protection, and to meet the requirements of the air pollution control district during construction. D. 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 in that the site design incorporates adequate setbacks, appropriately sized landscaping, sufficient internal circulation for fire protection and reasonable access to the storage units; and SECTION 4. CITY COUNCIL APPROVAL: The City Council approves Industrial Planned Development Permit No. 2000 -10 subject to Conditions attached as Exhibit A hereto and incorporated herein by reference. SECTION 5. CITY CLERK CERTIFICATION AND FILING: 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 21st day of August, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A - Conditions of Approval Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT NO. 2000 -10 A. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS General Requirements: 1. 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. 2. Fish and Game Requirement: Prior to the City Council hearing on this Industrial Planned Development Permit, the Developer 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. 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. 3. 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) business days after notification. 4. 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 on file in the Community Development Department office. 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 require the issuance of a Zoning Clearance from the Community Development Department. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 5. Other Regulations: This development is subject to all applicable regulations of the M -2 Zone, and all requirements and enactments of Federal, State, Ventura County, City authorities, and any other governmental entities, and all Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 5 such requirements and enactments shall, by reference, become conditions of this permit. 6. Discontinuance of Use: This Industrial Planned Development Permit shall expire when any of the uses for which it is granted are abandoned for a period of 180 consecutive days. 7. Final construction working drawings, grading and drainage plans, plot plans, building colors and materials, sign programs, and landscaping and irrigation plans shall be submitted to the Community Development Director for review and approval prior to the issuance of any permit and prior to any construction. 8. 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 Community Development Director 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 the Developer 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 to the Community Development Director, at least thirty (30) -days prior to the expiration date of the permit. 9. 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. (Unenforceable and not necessary considering condition 5.) 10. 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. 11. 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. 12. Permittee Defense Costs: The permittee agrees as a condition of issuance and use of this permit to defend, at his /her Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 6 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. 13. 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 Community Development Department. 14. Zoning Clearance Required for Occupancy: In order to determine if the proposed use(s) are compatible with the zoning and terms and conditions of the permit prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for and receive a Zoning Clearance from the Community Development Department. 15. Certificate of Occupancy Requirement: Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Department shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed or the Developer has provided a faithful performance surety. At the discretion of the Community Development Director and upon the posting of surety by the Developer, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Community Development Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Community Development Director shall declare the surety forfeited. 16. Tenant Occupancy: Prior to occupancy, those proposed uses, which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Community Development Department. If required "v�- -- Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 7 by the County Environmental Health Division, the Developer shall prepare a hazardous waste minimization plan. 17. 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, the current or new owner shall file the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) with the Community Development Department. The change of ownership letter shall include an acknowledgement that the new owner agrees with all conditions of this permit. 18. Other Uses: If in the future, any use or uses are contemplated on the site differing from that specified in the initial Zoning Clearance approved for the occupancy, either the permittee, owner, or prospective tenant shall file a Zoning Clearance application prior to the initiation of the use. If the Community Development Director determines that the proposed use is not compatible with the M -2 Zone and the terms and conditions of this permit, a Modification to the Planned Development Permit may be required. 19. Business Registration: All contractors doing work in Moorpark are required to have a valid Business Registration Permit. 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. 20. APCD Review of Uses: Certificate of Occupancy shall be withheld until the Developer has provided proof of compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials as required by the Ventura County, Air Pollution Control District. 21. Utilities Assessment District: The Developer agrees not to protest the formation of an underground Utility Assessment District. 22. Noxious Odors: No noxious odors shall be generated from any use on the subject site. 23. Uses and Activities to be Conducted Inside: All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 24. Graffiti Removal: The Developer and his /her successors, heirs, and assigns shall remove any graffiti within five (5) Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 8 business days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 25. Case Processing Costs: Prior to the issuance of a Zoning Clearance for construction or within thirty (30) days following project approval, whichever occurs sooner, the Developer shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. Prior to or concurrently with the submittal of a grading plan or plans for building permits the Developer shall pay the required Condition Compliance deposit. 26. Code Enforcement Costs: The Community Development Director 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 Developer 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 Developer 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). Prior to the Issuance of a Zoning Clearance Conditions: 27. Submittal of Final Landscape Plans: Prior to issuance of a Grading Permit, a complete landscape plan (3 sets), together with specifications and a maintenance program, prepared by a State Licensed Landscape Architect in accordance with the Ventura County Guide to Landscape Plans, shall be submitted to the Community Development Director for review and approval. The landscaping shall control erosion, prevent aesthetic impacts to adjacent property owners, mitigate the visual impacts of the building height and mass. Final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application, except as modified herein. Along with the submittal of the final landscape plans the Developer shall submit the required deposit to cover the costs of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. Final landscape plans, once approved by the Community Development Director shall be installed and receive final inspection prior to occupancy. All landscaped areas shall have an irrigation system. The City's landscape architect shall certify in Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 9 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, consistent with Municipal Code requirements, as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking and driveway areas, and screen the view of the building from public streets and other areas as determined by the Community Development Director to offset the value of the trees removed from the site. The landscape plan shall also incorporate extensive tree landscaping including specimen size trees as approved by the Community Development Director along Los Angeles Avenue and Goldman Avenue, and as otherwise determined by the Community Development Director. b. If consistent with National Pollutant Discharge Elimination System (NPDES) requirements, the landscaping along Los Angeles Avenue shall be bermed as approved by the Community Development Director. C. The landscape plan shall include the final design and location of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. d. Ali plant species utilized shall be drought tolerant or of a low water use variety. e. Landscaping at site entrances /exits and intersection within the parking lot shall be designed to allow adequate visibility for drivers consistent with standard traffic engineering practice. f. Plantings in and adjacent to parking areas shall be contained within at least 6 -inch high raised concrete planters. g. Landscaping shall be designed to not obstruct the view of any exterior door or window from the street /parking aisle. r) .e- H .� . Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 10 h. 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 Community Development Director) 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 size. 1. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The Developer or any subsequent owner shall be responsible for maintaining the irrigation system and all landscaping. The Developer or any subsequent owner shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. M. No perimeter and /or garden walls are proposed for construction with this project. Landscaping shall be located around the perimeter of the exterior building as shown on the conceptual landscape plan. n. Prior to Final Inspection, the Developer's landscape consultant shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. 28. Offer of Dedication for Landscape Maintenance: Prior to issuance of a Zoning Clearance for construction, the Developer shall provide an irrevocable offer to dedicate to the City any easements required for the City to access and maintain any landscaped areas or drainage improvements outside of the public right -of -way, which have been designated to be maintained by the City. In addition, prior to issuance of a Zoning 'Clearance, the Developer shall also Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 11 provide to the City a signed Petition /Waiver: a) requesting formation of an Assessment District to fund future costs for the maintenance of any landscaping and /or drainage facilities designated to be maintained by the City, and b) waiving all rights conferred by Proposition 218 with regard to the right to protest any such assessments. Said Petition and Waiver shall include, as an Exhibit, an Engineer's Report fully setting forth a description of the assessment district and the assessments, consistent with the requirements of the California Streets and Highways Code. Said report shall be prepared by a consultant to be retained by the City. The Developer shall pay to the City a $5,000 advance to fund the cost of the Engineer's Report. In the event it is determined that there will be no landscaping or extraordinary drainage improvements to be maintained by the City, the Community Development Director may waive this condition with the concurrence of the City Manager. 29. The Building Plans or Plot Plan, and Elevations shall be revised to reflect the following: a. 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 a masonry wall, landscaping, or a combination of both. b. All fences and walls shall be shown on the plot plan. C. All required loading areas and turning radius shall be depicted on the plot plan. A 45 -foot turning radius shall be shown for loading zones consistent with the AASHO WB -50 design vehicle. d. Elevations of proposed hardscape treatment (including but not limited to the building entrance, window and door treatment, etc.) shall be submitted with the final construction plans. 30. 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 Community Development Director. 31. 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. r' fi j, n,, f7 '�J' — 4, +1..d Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 12 32. Lighting Plan: For all exterior lighting, a lighting plan, prepared by an electrical engineer registered in the State of California, shall be submitted to the Community Development Department with the required deposit for review and approval. The lighting plan shall 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 Community Development Director. 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 - foot (10') 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 -five feet (25'). C. Fixtures must possess sharp cut -off qualities with a maximum of one foot (11) 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 Community Development Director, consistent with Title 17 of the Municipal Code. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. f. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 13 g. 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 Community Development Director. All exterior lighting devices shall be protected by weather and breakage resistant covers. h. Lighting at all exterior doors shall be illuminated with a minimum maintained two (2) footcandles at ground level. i. Prior to the issuance of a Building Permit, a copy of the lighting plans shall be submitted to the Police Department for review. 33. Location of Property Line Walls: Where the building acts as the property line wall, such wall shall be no further than one inch from the property line. No other perimeter walls are proposed for this project. 34. Downspouts: No downspouts shall be permitted on the exterior of the building. 35. 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 Community Development Director. 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 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 Community Development Director. 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. 36. 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 �t Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 14 Community Development Director, and located a minimum of twenty (20') feet from any residentially zoned property. The wall shall be constructed of materials and colors consistent with the main building. 37. Building Materials and Colors: All exterior building materials and paint colors shall be those typical of the proposed architecture and are subject to the review and approval of the Community Development Director. 38. 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 Community Development Director may request that a noise study, prepared by a licensed Acoustical Engineer in accordance with acceptable engineering standards, be submitted for review and approval which demonstrates that all on -site noise generation sources will be mitigated to the required level 39. Striping of Spaces: All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 40. 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. 41. Disposal Areas on Site 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. Trash areas and recycling bins shall be depicted on the final construction plans, the design, location, and size of which shall be approved by the Community Development Director and the City's solid waste management staff. All trash disposal and recycling areas shall be designed in accordance with the following requirements: a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments). Page 15 recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Refuse collection and recycling space shall provide for two three -cubic yard collection bins for the first 20,000 square feet of gross floor area (107" x 84" or 168" x 53.5 ") and two three -cubic yard collection bin for each 10,000 square feet or fraction thereafter. Space for drop box collection of recyclables may be provided in lieu of three -cubic yard bins. The dimensions provided apply to the space available when the gate is fully open. c. The design of the disposal area enclosures shall be architecturally consistent with the development and compatible with the surrounding area as approved by the Community Development Director. d. Each disposal area enclosure shall be screened with a six foot (6') high solid masonry wall enclosure and six foot (6') high gates and shall be designed with cane bolts to secure the gates when in the open position. e. Disposal area enclosures shall have a roof so as to be protected from weather conditions. f. 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. g. A sign, approved by the Community Development Director, 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. h. Areas required by the Municipal Code to be maintained as unencumbered, according to fire and other applicable building and /or public safety laws shall be kept free and clear of refuse disposal. i. Recycling area(s) shall be located so they are convenient and adjacent to regular refuse collection areas. Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 16 j. Recycling enclosures shall comply with the equal access requirements of Title 24 and the Americans with Disabilities Act. k. Enclosures shall be designed to have a separate indirect, unemcumbered pedestrian access way. 1. Prior to Zoning Clearance for Building Permit, the City Engineer will review the design plan for compliance with National Pollution Discharge Elimination System (NPDES) requirements. M. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. The required drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. 42. The franchised refuse hauler designated to service this location will be determined prior to construction. 43. 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. 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 shall conduct a routine on -site waste management education program, coordinated with the City's Solid Waste Management Department, for employees informing them of any new developments or requirements for solid waste management. 44. Enforcement of Vehicle Codes: Prior to Occupancy of the buildings, the Developer 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. 45. Prior to issuance of Zoning Clearance for building permit, the Developer shall pay the following fees in the amounts Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 17 stated or as may be in effect at the time of the issuance of building permits: a. Current and Future Park System Contribution Fee, in the amount of $.25 per gross square foot of building floor area. b. Art in Public Places Fee, in the amount of $.10 per gross square foot of building floor area. The Developer 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 Fee, in the amount of $.15 per gross square foot of building floor area to fund TSM Programs or Clean -fuel Vehicle Programs as determined by the City. d. Citywide 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. Commencing January 1, 2003, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve- (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. B. CITY ENGINEER CONDITIONS General Conditions: 46. The Developer shall post sufficient surety guaranteeing completion of all site improvements within the development and offsite improvements required by the conditions as described herein (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, etc.) in a form acceptable to the City. 47. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 18 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. 48. All existing and proposed utilities shall be under grounded as approved by the City Engineer. Prior to Issuance of a Zoning Clearance for a Building Permit: 49. Prior to issuance of a building permit, the Developer shall pay to the Community Development Department the Los Angeles Avenue Area of Contribution (AOC) fee consistent with adopted City Council resolution. The cost shall be the dollar amount in effect at the time the fee is paid. 50. Prior to issuance of a building permit, all habitable structures shall be designed to current UBC requirements or the City approved geotechnical report requirements for the project, whichever standard is most restrictive. 51. The Developer shall provide revised Drainage Atlas Sheets showing all drainage improvements provided by the development, if applicable. The form, content and format of the Atlas shall be prepared to the satisfaction of the City Engineer. Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 19 Prior to acceptance of public improvements and bond reduction and /or exoneration, the following conditions shall be satisfied: 52. Sufficient surety, in a form and in an amount acceptable to the City Engineer, guaranteeing the public improvements shall be provided and remain in place for one year following acceptance by the City. 53. Original "as built" plans shall be certified by the Developer's Registered Civil Engineer and submitted with two sets of blue prints to the City Engineer's office. The "record drawings" shall be submitted in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection will be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer and City Clerk. In addition, Developer shall provide an electronic file update to the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project, if applicable. Geotechnical Engineering Requirements: 54. Prior to submittal of grading plans, the Developer shall have a geotechnical report prepared to the satisfaction of the City Engineer. The geotechnical report shall address, at a minimum, the following: a. The Developer or subsequent developers shall contract with an engineering geologist and geotechnical engineer to quantify the engineering properties of the on -site soil materials, to assess the potential for weak soils or bedding layers which may affect cut and /or natural slopes, and to verify that grading planned within landslide areas will be remediated to result in an increase in landslide stability consistent with factors of safety approved by the City's consulting Geotechnical Engineers. This geotechnical study shall, as deemed necessary by the City Engineer and consulting City Geologist and Geotechnical Engineer, further assess slopes within or adjacent to proposed residential development areas (depending on the final configuration of proposed individual residential parcels). The findings and recommendations of the Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 20 geotechnical assessment shall be incorporated into the final design for the components of the project. b. All cut and fill slopes, foundations and structures, shall be designed and constructed to comply with Chapter 70 of the Uniform Building Code (UBC) and applicable City and /or Country Grading Ordinances. Modifications to these standards shall be permitted only with the written concurrence of the City Engineer and the City's consulting geologist. C. An engineering geologist shall define the final grading requirements for the proposed facilities. All geological recommendations shall be reviewed and approved by the City Engineer and the City's consulting geologist. Foundation designs in areas where fault traces were identified that have been deemed inactive should address enhancing the stability of those foundations in the event minor movement occurs as a secondary effect of ground shaking. d. The developer shall cause an engineering geologist to study all unanticipated faults exposed during grading to detect any evidence of possible recent activity. All active fault lines will be clearly shown on the grading plan and final map, if applicable. No habitable structure shall be placed within 50 feet of any fault trace. e. All habitable structures shall be designed to accommodate structural impacts from 0.12g- ground acceleration or other standard factor of safety deemed applicable to this project. The standards shall be prepared to the satisfaction of the City Engineer. f. The developer shall contract with an engineering geologist to prepare grading recommendations, foundation design criteria, and other recommendations regarding detailed project design. As a component of required subsequent geologic studies, a soils engineer shall evaluate the condition of alluvium and unconsolidated soils. Relatively loose soils or alluvium shall be densified or removed and recompacted prior to placement of structures upon such soils. Other measures shall be incorporated into the final project design as required by the geological assessment. All geological recommendations shall be to the satisfaction of the City Engineer. C, `. Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 21 g. The Developer shall submit to the City Engineer 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. Also, the report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Should additional geotechnical studies be generated or required as a result of the geotechnical investigation, additional plan check fees will be required. h. Review of the Geotechnical Engineering Report, by the City's Geotechnical Engineer, is required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. i. 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 soil 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 soil report(s). General Grading Requirements: 55. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County APCD air quality monitoring station closest to the City of ,� ,_ 9 Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 22 Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large -scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 56. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project Erosion and Sediment Control Plan. A trained BMP Supervisor shall be onsite during all construction activities. (The qualifications of the BMP supervisor shall be to the satisfaction of the City Engineer). The following water quality assurance techniques shall be included, but not limited to the following, as deemed necessary: a. Minimize removal of existing vegetation. b. Provide temporary soil cover, such as hydro seeding, jute blankets, mulch /binder and erosion control blankets, to protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 23 f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 57. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The City Engineer shall review and approve the grading plan to verify compliance with Best Management Practices (BMPs) including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet /outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Permanent desilting basins. d. Permanent vegetation, including grass -lined swales. e. Design of drainage courses and storm drain outlets to reduce scour. 58. Prior to issuance of the initial grading permit, the developer shall prepare an Erosion and Sediment Control Plan to address construction impacts and long -term operational effects on downstream environments and watersheds. A Certified Erosion and Sediment Control Professional or a qualified Civil Engineer shall prepare this plan. The use of jute or other artificial cover approved by the City Engineer will be required for all graded slopes during the period of October 1 through and inclusive of April 15. Proposed management efforts shall include but not be limited to provisions for the use of vegetative filtering, preparation of detailed erosion control plans, appropriate use of temporary debris basins, silt fences, sediment traps and other erosion control practices. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The erosion control plan shall be reviewed and approved by the Community Development Director and City Engineer prior to issuance of grading permits for mass grading. 59. The following mitigation measures shall be implemented during all construction activities throughout build out of Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 24 the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 6 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 City receive complaints from adjacent property owners. No construction work is to be done on Sundays and City observed holidays. b. Truck noise from hauling operations shall be minimized through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan must be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding rural residential neighborhoods. f. Property owners and residents located within 600 feet of the project site shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 25 60. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan 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. 61. The final grading plan shall meet all UBC and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 62. Concurrent with submittal of the rough grading plan a sediment and erosion control plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas within 30 days of completion of grading unless otherwise approved by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 63. This project is projected to balance cut and fill onsite. Unanticipated off -site import /export operations requiring an excess of 1,000 total truck loads or 10,000 cubic yards of material shall require City Council approval prior to the commencement of hauling or staged grading operations in accordance with City Council Resolution establishing grading requirements. A haul route is to be submitted for review and approval by the City Engineer and Community Development Director. Additional surety for the cleaning and /or repair of the streets shall be required as directed by the City Engineer. 64. All requests for staged grading shall be submitted in writing to the City Engineer for review and approval by the City Council. 65. Temporary irrigation, hydroseeding and erosion control measures 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 a temporary or permanent 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 except that during the rainy season these measures will be implemented immediately. C,ate e- Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 26 66. The maximum gradient for any slope shall not exceed a 2:1 slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, a certified soils engineer will review plans and his /her recommendations will be subject to the review and approval of the City Engineer and the Community Development Director. 67. All graded slopes shall be planted in a timely manner with groundcover, trees and shrubs that will stabilize slopes and minimize erosion. The planting will be to the satisfaction of the Community Development Director and the City Engineer. During Grading, the Following Conditions Shall Apply: 68. Grading may occur during the rainy season from October 15th to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. Erosion control measures shall be in place and functional between October 15th and April 15th. In order to comply with the October 1 date, revised erosion control plans shall be submitted to the City Engineer no later than September lst of each year from the start of grading or clearing operations to the time of grading bond release. 69. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits will be provided to the City Engineer. 70. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. 71. During clearing, grading, earth moving or excavation operations regular watering shall control dust. In addition the following measures shall apply: 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 grading plan shall indicate the number of water �� Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 27 trucks that 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 15 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. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 72. 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, or as directed by the City Engineer, 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. 73. 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. 74. If any hazardous waste is encountered during the construction of this project, all work shall be immediately Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 28 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. 75. 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. 76. Backfill of any pipe or conduit shall be in 4 -inch fully compacted layers unless otherwise specified by the City Engineer. 77. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every 4 feet of lift and 100 lineal feet of trench excavated. 78. Observe a 15 -mile per hour speed limit for the construction area. 79. During site preparation and construction, construct temporary storm water diversion structures per City of Moorpark standards. Road and Traffic Requirements: 80. Driveways shall be designed in accordance with the latest Ventura County Road Standards. 81. Above ground obstructions (utility cabinets, mailboxes, etc.) are to be placed within the right -of -way landscaping areas. When above ground obstructions are to be placed within the sidewalk, a minimum five (5) foot clear sidewalk width must be provided around the obstruction. 82. The Developer shall submit wall showing that provisions have been maintain proper sight distances. other structures over six (6) feet to and approved by the Community the City Engineer. and landscaping plans taken to provide for and All fences, walls and high are to be submitted Development Director and 83. The location of the centerline of the driveway into the project shall be a minimum of 250 feet from the centerline of Los Angeles Avenue. The site design shall accommodate turning movements for a semi - truck, particularly for the v �„ t_ ,�;p Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 29 movements a semi -truck requires to safely exit the site onto Goldman Avenue. 84. The Developer 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 ($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. Prior to Zoning Clearance for building permit, the developer's traffic engineer shall provide the Community Development Director and City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. Street Lighting: 85. Final street lighting orientation and design along Los Angeles and Goldman Avenues shall be to the satisfaction of the City Engineer. If additional streetlights are required, the Developer shall submit improvement plans per the City of Moorpark and Ventura County Standards and installation shall occur prior to occupancy approval. 86. The applicant shall install two 22,000 lumen street lights on Los Angeles Avenue. As determined by the City Engineer, the applicant is required to pay the City for the total cost of all street lights. Drainage Requirements: 87. 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 improvements and shall post sufficient surety guaranteeing the construction of all improvements. 88. The plans shall depict all on -site and off -site drainage structures required by the City. 89. The drainage plans and calculations shall relate to conditions before and after development. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 30 areas, sumps, sump locations, detention and NPDES facilities and drainage courses will be addressed. 90. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: a. All storm drains shall carry a 10 -year frequency storm. b. All catch basins shall carry a 10 -year storm. c. 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. d. All culverts shall carry a 100 -year frequency storm. 91. Drainage facilities shall be provided such that surface flows are intercepted and contained in a storm drain system prior to entering collector or secondary roadways. 92. "After- development" drainage to adjacent parcels shall not be increased above "Pre- development" drainage quantities nor will surface runoff be concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided to the satisfaction of the City Engineer. 93. Drainage grates shall not be used at any location. 94. If the land to be occupied is in an area of special flood hazard, the Developer shall notify all potential buyers in writing of this hazard condition. The grading plan shall also show contours indicating the 50- and 100 -year flood levels. 95. Drainage devices 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 to the satisfaction of the City Engineer, 96. A hydraulic /hydrologic study shall be prepared which analyzes the hydraulic capacity of the drainage system, with and without the storm drain system for the proposed development. The Developer shall make any downstream improvements, required by the City, to support the proposed development. 97. Improvements shall be constructed to detain drainage on -site when the drainage amount is between the ten -year and fifty - year storm event. A rainfall intensity Zone K shall be utilized in the design unless an alternate design intensity Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 31 is approved by the City Engineer. Detention facilities shall include paved spillways. 98. The Developer shall demonstrate that surface drainage from the site shall not drain over the sidewalk or driveways. 99. The Developer shall demonstrate, for each building pad within the development 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 Flood Control Standards. d. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. National Pollutant Discharge Elimination System (NPDES): 100. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 101. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 102. 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. 103. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 104. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 32 105. The Developer shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 106. Prior to Zoning Clearance approval, Developer will provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for maintenance in perpetuity. 107. Prior to City issuance of the initial grading permit, the Developer shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite will not be allowed. 108. The project construction plans shall state that the contractor shall comply with the "California Storm Water Best Management Practice Handbooks" - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. C. All common area property locations shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. e. All common sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent must be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 33 but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. f. The City will require that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices 109. Prior to the starting of grading or any ground disturbance the Developer shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 400 or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent. In summary, an NPDES superintendent shall be employed to assure NPDES compliance during the construction operations on the site. C. FIRE DEPARTMENT CONDITIONS 110. Access Road Width: An on -site access road of thirty (30) feet shall be provided. 111. Vertical Clearance: All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13'6 "). 112. Fire Lanes: Prior to construction, the Developer shall submit two (2) site plans to the Ventura County Fire Protection District (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. Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 34 113. Turning Radius: The access road shall be of sufficient width to allow for a forty- (40) foot outside turning radius at all turns in the road. 114. Access Road Gates: Any gates to control vehicular access are to be located to allow a vehicle waiting for entrance to be completely off the intersection roadway. A minimum clear open width of fifteen (15) feet in each direction shall be provided for separate entry /exit gates and a minimum twenty (20) feet for combined entry/exit-gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure, shall be submitted to the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 115. Walkways: Approved walkways shall be provided from all building openings to the public way or Fire Department access road /driveway. 116. Address Numbers: 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. 117. Address Number Plan: 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). 118. Fire Hydrant Plan: Prior to construction, the Developer shall submit plans to the Fire District for approval of the location of hydrants, and show existing hydrants within 300 feet of the development. 119. Fire Hydrant (s) Required: Fire Hydrants shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix III -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. Resolution No. 2002 - IPD 2000 -10 (Asadurian Investments) Page 35 120. Fire Hydrant Design: Fire hydrants 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 two (2) 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. e. No obstructions, including walls, trees, light and sign posts, and any meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending eighteen (18) inches out from the fire hydrant. g. Ground clearance to be the lowest operating nut shall be between eighteen (18) and twenty -four (24) inches. 121. Hydrant Location Markers: Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final Asphalt cape is not in place at time of occupancy, hydrant location markers shall be installed and shall be replaced when the final asphalt cap is completed. 122. Fire Flow: 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 3,500 gallons per minute at 20 psi for a minimum three- (3) hour duration. A minimum fire flow of 1,500 gallons per minute shall be provided from any one hydrant. The Developer shall verify that the water purveyor can provide the required volume at the project. 123. Fire Sprinklers: Any structure greater than 5,000 square feet in area and /or five (5) miles from a fire station shall be provided by an automatic sprinkler system in accordance with Fire District requirements. Resolution No. 2002 - Page 36 124. Fire Protection System Plans: Plans for all fire protection systems (sprinklers, dry chemical, hood systems, etc) shall be submitted with payment for plan check, to the Fire District for review and approval prior to installation. Note: Fire sprinkler systems with 100 or more heads shall be supervised by a alarm system in accordance with Fire District requirements. 125. Fire Extinguishers: Fire extinguishers shall be installed in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 126. Trash Dumpster Locations: Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers. 127. Hazard Abatement: All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with Fire District requirements. 128. Fire Department Clearance: The Developer shall obtain and comply with the provisions of Fire District Form #126 Requirements For Construction prior to obtaining a Building Permit for any new structures or additions to existing structures. 129. Building plans of all assembly occupancies shall be submitted to the Fire District for plan check. D. VENTURA COUNTY WATERWORKS DISTRICT NO. 1 CONDITIONS 130. The Developer 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 Developer shall comply with the applicable provisions of the District Rules and Regulations. 131. 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. Resolution No. 2002 - Page 37 E. POLICE DEPARTMENT CONDITIONS 132. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, such as from ladders, trees, high walls, etc. 133. All new construction, shall comply with public safety measures as determined by the Moorpark Police Department prior to Building Permit approval. F. MOORPARK UNIFIED SCHOOL DISTRICT CONDITIONS 134. If applicable, prior to the issuance of a Building Permit, the Developer shall pay all school assessment fees levied by the Moorpark Unified School District. G. BUILDING DEPARTMENT CONDITIONS 135. Use of Asbestos: No asbestos pipe or construction materials shall be used. 136. Prior to issuance of a Building Permit, the Developer 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. Developer shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. Cr - ...��x ^w '.. . I NEGATIVE DECLARATION ENVIRONMENTAL INFORMATION FORM/INITIAL STUDY CITY OF MOORPARK The following Negative Declaration 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). Project Title: Industrial Planned Development Permit No. 2000 -10 Project Location: The project is located at 875 New Los Angeles Avenue on the northwest corner of New Los Angeles and Goldman Avenues one property west of the southwest corner of Los Angeles Avenue, Assessor Parcel No.511 -0- 070 -55. Project Description: Industrial Planned Development application, IPD 2000 -10, will establish the design and control of a approximately a 118,650 square foot mini - warehouse /office building on a 112,195 square foot parcel. The applicant is proposing thirty one (31) foot access to the site on the west side of Goldman Avenue. The architectural style of this project is of a Eclectic Contemporary Mission Art. The building elevations will have several relief features, including a standing seam metal roof, accent parapet cap, building reveals utilizing contrasting colors, patterns, textures and finishes to add variety and interest. In addition, the roof shape and forms utilizes steep roof slopes and other treatments, the use of wrought iron fence and security gate as well as the recessed entry to the site will provide contrast by varying patterns of shades, sunlight and depth. Project Type: Private Project Project Applicant: Asadurian Investments 875 New Los Angeles Avenue Moorpark, CA 93021 CC ATTACHMENT 4 Negative Declaration IPD 2000 -10 Page No. 2 Finding: The Director of Community Development on , after considering the initial study prepared by the Department of Community Development found that the above referenced project would not have a significant effect on the environment and instructed that a negative Declaration be prepared. Action: Adopted by the City Council on Mitigation Measures: No mitigation measures necessary as any potential impacts will be reduced to a level of insignificance through standard conditions of approval imposed on the project. Attachments: Initial Study Contact Person: Paul Porter Principal Planner City of Moorpark 799 Moorpark, California 93021 (805) 517 -6243 Email: pporter @ci.moorpark.ca.us FAX: (805) 529 -8270 Prepared by: (�; Cf' (b-ONZ:�5 Paul Porter Principal Planner Date: September 6, 2001 A proved y: B ny an D' ec of Co pity Development Attachment:: Technical Studies Asadurian Investments Negative Declaration x'' ^, b °9 September 6, 2001 t Page No. 2 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. 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. Technical Studies Page No. 2 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: Applicant will pay the City a development fee to help pay for community parks. Biological resources: No suitable wildlife habitat was identified for this site. 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 required as standard conditions of approval which will ensure that the level of pollutant discharge is within the acceptable limits under the regional water quality control plan. Transportation and Traffic: As determined by the City Engineer, as conditioned, site generated traffic demands will not significantly contribute to future traffic that would be generated by the subject mini - warehouse office building. INITIAL STUDY CHECK LIST ENVIRONMENTAL FACTOR Potentially than `�"'�" "°'"'` Signfcant Significant Significant impact With Mitigation Inc poration AESTHETICS a) Have a substantial adverse effect on a scenic vista? v b) Substantially damage scenic resources, including, ❑ ❑ ❑ v but not limited to, trees, rock outcroppings, and historic X buildings within a state scenic highway? c)Substantially degrade the existing visual character or r_1 El r_1 v X quality of the site and its surroundings? d) Create a new source of substantial light or glare ❑ ❑ ❑ v which would adversely affect day or nighttime views in J� 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 ❑ ❑ ❑ v Farmland of Statewide Importance (Farmland), as J� 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 ❑ ❑ ❑ v a Williamson Act contract? X c)Involve other changes in the existing environment ❑ ❑ ❑ v which, due to their location or nature, could result in X 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 C'" "- n Page 1 relied upon to make the following determinations. Would the project? a) Conflict with or obstruct implementation of the ❑ applicable air quality plan? b) Violate any air quality standard or contribute ❑ substantially to an existing or projected air quality 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 ❑ 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 ❑ El x b) Have a substantial adverse effect on any riparian ❑ �/ habitat - or other sensitive natural community 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 F1 El 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? '1 'r1 C" - n e4 V v'"v Initial Study for IPD 2000 -10 2 d) Interfere substantially with the movement of any El native migratory fish or wildlife species or with X established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ❑ ❑ 1:1 X protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ❑ F1 E] �/ 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 ❑ �/ significance of an archaeological resource pursuant X to §15064.5? c) Directly or indirectly destroy a unique ❑ El �/ X paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those X interred outside of formal cemeteries? El El El GEOLOGY AND SOILS - Would the project:: - a) Expose people or structures to potential 1:1 �/ X substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated ❑ a El X 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. Initial Study for IPD 2000 -10 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? c) Be located on a geologic unit or soil that is ❑ ❑ v unstable, or that would become unstable as a result J� 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 1:1 E] v X 18- 1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting ❑ F1 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 ❑ ❑ El X environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ ❑ v - 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 El X acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Initial Study for IPD 2000 -10 4 ON 0 c) Be located on a geologic unit or soil that is ❑ ❑ v unstable, or that would become unstable as a result J� 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 1:1 E] v X 18- 1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting ❑ F1 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 ❑ ❑ El X environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ❑ ❑ ❑ v - 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 El X acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Initial Study for IPD 2000 -10 4 d) Be located on a site which is included on a list of El 1:1 El v X hazardous materials sites compiled pursuant to 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 11 E] 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 v 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 El ❑ El v with an adopted emergency response plan or J� evacuation plan? h) Expose people or structures to a significant risk of ❑ El E] v X loss, injury or death involving wildland fires, including 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 11 El El v X discharge requirements? b) Substantially deplete groundwater supplies or El ❑ El X interfere substantially with groundwater recharge such 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 ❑ ❑ v site or area, including through the alteration of the X course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? Initial Study for IPD 2000 -10 d) Substantially alter the existing drainage pattern of the El 1:1 1:1 �/ site or area, including through the alteration of the X 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 �/ exceed the capacity of existing or planned storm X drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ El El X g) Place housing within a 100 -year flood hazard area ❑ ❑ ❑ �/ as mapped on a Federal Hazard Boundary or Flood X 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? ❑ ❑ E X j) Expose people or structures to a significant risk of ❑ ❑ �/ loss, injury or death involving flooding, including X 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? ❑ ❑ ❑ X b) Conflict with any applicable land use plan, policy, or ❑ ❑ �/ regulation of an agency with jurisdiction over the project X (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 ❑ El ❑ v Natural Community Conservation Plan [NCCP]? /� MINERAL RESOURCES -- Would the project: Initial Study for IPD 2000 -10 6 a) Result in the loss of availability of a known El ❑ ❑ v 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 El ❑ X 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 El v X levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive El X groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient El 1:1 1:1 v X noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in El X ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use ❑ ❑ ❑ �/ 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] 11 1:1 v X airstrip, would the project expose people residing or working in the project area to excessive noise levels? 7 C Initial Study for IPD 2000 -10 POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, El ❑ E] �/ 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, ❑ ❑ ❑ v necessitating the construction of replacement /� housing elsewhere? c) Displace substantial numbers of people, ❑ ❑ ❑ �/ necessitating the construction of replacement housing elsewhere? PUBLIC SERVICES a) Would the project result in substantial adverse ❑ ❑ ❑ v 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? ❑ ❑ 1:1 X Police protection? ❑ ❑ ❑ X Schools? E] ❑ 1:1 v Parks? 1:1 ❑ 1:1 X Other public facilities? El El El X Initial Study for IPD 2000 -10 8 C " RECREATION - a) Would the project increase the use of existing El ❑ �/ neighborhood and regional parks or other X recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or �( 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 El ❑ 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 ❑ ❑ �/ X service standard established by the county congestion management agency for designated roads or highways? El �[ 1:1 X c) Result in a change in air traffic patterns, including 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 ❑ ❑ D X /� feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ El El X f)Result in adequate parking capacity? El n 1:1 X Initial Study for IPD 2000 -10 9 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 E] El 1:1 v X applicable Regional Water Quality Control Board? b) Require or result in the construction of new water ❑ ❑ E] v X or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm 1:1 El 1:1 v X water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve ❑ ❑ v the project from existing entitlements and resources, X or are new or expanded entitlements needed? e) Result in a determination by the wastewater 1:1 E] ❑ v X treatment provider which serves or may serve the 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 ❑ ❑ ❑ v capacity to accommodate the project's solid waste X disposal needs? Initial Study for IPD 2000 -10 10 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade 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? Attachment: Technical studies and effects found not to be significant Initial Study for IPD 2000 -10 11 Potentially Lessthan Significant Significant Impact with Mitigation Incorporation Less than No tmpact Significant El X c) Does the project have environmental effects ❑ ❑ ❑ which will cause substantial adverse effects on human beings, either directly or indirectly? 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 Citv of Moorpark. 4. Institute of Transportation Engineers, Trip Generation, 1987. 5. Moorpark Municipal Code, including Title 17, Zoning. 6. Mooroark 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. EFFECTS FOUND NOT TO BE SIGNIFICANT: NO IMPACT Aesthetics: The project site does not involve scenic resources of the community. Agricultural Resources Initial Study for IPD 2000 -10 The project occurs as an in -fill commercial project in the urban core with no adjacent or abutting agricultural uses,land there are no agricultural uses on X C, .�- Honorable City Council Meeting of August 21, 2002 Page No. 5 loss of revenue; continue this item to the October 16, 2002, City Council meeting for consideration with the Development Agreement; direct the applicant to redesign the project to meet a FAR of 0.79 and bring back those plans for consideration of approval by the Council with the proposed Development Agreement. b. Direct staff to prepare a development agreement for future Council consideration which will provide for an appropriate level of payment to minimize the anticipated loss of revenue; continue this item to the October 16, 2002, City Council meeting for consideration with the Development Agreement. ATTACHMENTS: 1. Planning Commission Staff Report of June 24, 2002. 2. Planning Commission Resolution No. PC- 2002 -425 with Recommended Conditions of Approval. 3. Draft City Council Resolution Approving Industrial Planned Development No. 2000 -10. 4. Negative Declaration. 5. Letter from Shiloh Community Church, dated August 7, 2002. 6. Project Exhibits 7. Draft Minutes of June 24, 2002, Planning Commission Meeting S: \Community Development \I P D \2000 \10 \Staff Report \cc IPD 2000 -10 Asadurian.doc 120.9 Hertz Street, Muorpark, CA 930221 (805) 529_557 August 7, 2002 Community Development Department 799 Moorpark Ave. Moorpark, CA 93021 To Whom It May Concern, I regret that I will not be able to attend the Public Hearing scheduled on August 21, 2002. However, for the record, I would like to cast my very strong support on behalf of Asadurian Investments in regards to the Industrial Planned Development (Permit # 2000 -10) on 875 Los Angeles Avenue (Assessor Parcel # 511 -0- 070 -55). Thank you. Sincerely, 'W �/' Pastor Errol Hale Shiloh Community Church RECEIVED CC ATTACM ENT 5 AUG - 8 1002 Atx of Moorpark ` Ommunity Developmeof C�,ti`s. 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Ot wOV,• TELEPHONE (805( 530-00@7 o1MRr '` ti Fo p•a; FACSIMILE (805) 530 -0260 1�1aRE,rdeRUb swaEat, �� ! „�•ow, �r+i;'o e Planning Commission, City of Moorpark, California Minutes of June 24, 2002 Page 1 The Regular Meeting of the Planning Commission was held on June 241, 2002, in the City Council Chambers, Moorpark Civic Center, 799 Moorpark Avenue, Moorpark, California 93021. 1) CALL TO ORDER: Chair Landis called the meeting to order at 7:06 p.m. 2) PLEDGE OF ALLEGIANCE: Commissioner Haller led the pledge of allegiance. 3) ROLL CALL: Chair Landis, Commissioners DiCecc Haller and Parvin were present at the meeting. Commissio r to was absent. Staff attending the meeting incl ed Barry K. Hogan, Community Development Dir r W ter Brown, City Engineer; Paul Porter, Pri ip Pla ne • Laura Stringer, Senior Management Anal st; i ce Pa ker- Bozylinski, Planning Consultant; Celia L le r, ecret y II. 4) PROCLAMATIONS, COMMEND IO AN SP IAL PRESENTATIONS: None 5) REORDERING OF, AND DD 0 T E GENDA: None O 6) CONSENT CALEND A. Specia Me ng ut o August 28, 1997 B. Adjourn M ti g i es of June 15, 1998 C. Regular Mee 'n in tes of June 22, 1998 D. Regular Meetin M' utes of September 14, 1998 E. Regular Meeting Minutes of October 12, 1998 MOTION: Commissioner Haller moved and Commissioner DiCecco seconded a motion to approve Consent Calendar Items 6.A. through 6.E. Motion passed with a 4 :0 unanimous voice vote. 7) PUBLIC COMMENTS: Written Statement Card - Ron Andrade, Candelaria Indian Council. Statement - Moorpark needs to establish written, published procedures for public and organizations to file inquires on complaints. CC ATTACHMENT 7 IF, Planning Commission, City of Moorpark, California Minutes of June 24, 2002 Paae 2 PUBLIC HEARINGS: A. Consider Industrial Planned Development Permit No. 2000 -10, a Request to Construct an Approximately 113,994 Square Foot Mini - Warehouse /Office Building on a 112,184 Square Foot Parcel Located at 875 Los Angeles Avenue, at the Northwest Corner of Los Angeles Avenue and Goldman Avenue, on the Application of Asadurian Investments (Assessor Parcel No. 511 -0 -070- 55).(Continued from May 13, 2002) Staff Recommendation: 1) Ask f public comments regarding the revised project; 2) on 'der the Negative Declaration prepared for the equ sted entitlements prior to making a recommendati n o e City Council; 3) Adopt Resolution No. PC- 0 - commending to the City Council denial o In st 'al Planned Development Permit No. 200 -10. �\ Paul Porter, Principal Plan er esented the staff report. Reference: Staf Re rt at June 19, 2002. Commissioner DiCecco que td ' r planting would require 24 inch b r ecime size tree. Mr. Porter clarified e 'nt t f t e onditions. Commissioner D'C coinq ' e a out premium pay for Saturday's wo rin cons ction. Mr. Brown said this specifi all a e to ork done that called for City inspec 'on on at r ay Commissioner 'Ce o qu stioned staff on language in the Negative Dec ra 'on. Mr. Porter responded that if the Commission rec e ed denial then that portion of the Negative Declaration would be changed. Public testimony received from the following: Ken Carroll, Architect; 24338 El Toro Road, Laguna Woods, CA 92653. Mr. Carroll summarized the Ad Hoc Committee's recommended changes. Commissioner Parvin inquired about north elevation planting. Mr. Carroll said tree planting would be every twenty feet and additional trees would be added as necessary or as recommended by the Commission. Commissioner Haller commented that the applicant was under no obligation to sell or develop the proposed site and could possibly continue to conduct their business in its present form. Commissioner Haller said that although some jobs would be created with this Planning Commission, City of Moorpark, California Minutes of June 24, 2002 Paae 3 proposal the City needed to focus on areas where the City could create more jobs. Commissioner Haller said with all of the proposed housing, the applicant demonstrated the need for an additional storage facility within the community. Commissioner Haller further stated that the needs outweighed floor area ratio and the economic value was in the ability to serve the needs of residents, and stated his support for the project. Commissioner DiCecco commended the applicant for working towards accomplishing he Commission's recommended changes, concurre w'th Commissioner Haller on potential use of the rope ty, and commented to the need for affordable ho n to ttract jobs to the City. Commissioner Parvin commen ed a ding t need for the facility and the s'ze o the proposed facility. She further stated tha s wa at entive to the need for a recreational ve c or e facility in the community. Chair Landis comm ted o t e C sion's approval of the Negative De ar ti n an M Hogan clarified the Commission's actio s equire o recommend to the City Council appro al o e e ti v Declaration. Chair Landi q er d, C�nm on whether t ey we n\ the Resolution co rni g Landis questioned angu ge stating that he was u sure that goal of maintaining a �sioners DiCecco and Haller greement with findings in housing /job ratios. Chair in Section 3, Paragraph A, if the project will attain jobs /housing balance. Commissioners DiCecco and Haller said that they were comfortable with the language because another project on the site might have the same potential for meeting jobs /housing balance. Commissioner DiCecco commented further to FAR's and relationship to intensity of use, and stated that conditions provide that if the NPDES needs are met the project could meet the concerns of Commissioner Parvin to provide berming. MOTION: Commissioner Haller moved and Commissioner DiCecco seconded a motion to approve Resolution No. Planning Commission, City of Moorpark, California Minutes of June 24, 2002 Pacre 4 PC- 2002 -425, recommending to the City Council approval of the Negative Declaration and Industrial Planned Development Permit No. 2000 -10. Motion passed with a 3:1 roll call vote, Commissioner Parvin voting no, Chair Otto being absent. B. Consider General Plan Amendment No. 2002 -01, a Request for a Change in the Land Use Designation From General Commercial (C -2) to Very Hi Densit (VH); Zone Change No. 2002 -01, a Requ st or a Change Zone designation from Commercial lann Development (CPD) to Residential Planned Dev t, 0 dwelling units per acre (RPD 20 du/ac/; nd si ential Planned Development (RPD) Permi N 002- Request to allow the construction of 90 se for cNizen apartment units on 9.83 acres. Staff Recommendation. e t public hearing, accept public tes 'mon c he public hearing; 2) Consider the p op se Mitigated Negative Declaration to en ha i adequately addresses the impacts of the pr s i ntial project prior to making a r e at' 3) Adopt Resolution No. PC- 2002- ecommen ' e City Council approval of General an nd 2002 -01, Zone Change No. 2002 -01 an Re 'd ti 1 Planned Development No. 2001- 02, subject t co iti ns of approval. Joyce Parker -Boz i ki, Planning Consultant provided the staff report. eference: Staff Report dated June 24, 2002. Commissioner DiCecco questioned page 6 of the staff report, which reported that "a traffic study would be required at a later date ". Ms. Parker - Bozylinski said the requirement was for the vacant parcel to the north, and that the subject project was conditioned for improvements to Park Lane from the project site to Los Angeles Avenue. Ms. Parker- Bozylinski said a more recent study would eliminate mitigation measures required for Radon and it would be removed from the Mitigated Negative Declaration. Commissioner DiCecco questioned staff if the applicant was aware of the fees stated in the resolution page