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HomeMy WebLinkAboutAGENDA REPORT 2003 0402 CC REG ITEM 08AITEM $ . A. /%<lCp 2c-C:3 - 2 C -71,,A MOORPARR CITY COUNCIL 3 Z" - Ft�c- ,,�:+ ..t�� I _ ___ _ AGENDA REPORT y� TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Paul Porter, Principal Planne DATE: March 18, 2003 (CC Meeting of 4/2/03) SUBJECT: Consider Commercial Planned Development Permit No. 2000- 04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M&M Development (Assessor Parcel No(s). 514 -0- 160 -045). BACKGROUND On March 5, 2003, this project was considered by the City Council at a duly noticed public hearing. As a result of the issues brought up at the public hearing, this matter was continued to April 2, 2003 (public hearing open). The continuance was to allow the applicant time to explore issues brought up at the public hearing. DISCUSSION Issues raised at the March 5, 2003, City Council public hearing which are analyzed in this report include: • Reversing the layout of the • Collins Drive access • Art in Public Places • Health and safety aspects of • Hours of operation for the restaurant and alcohol sales service station the service station service station and fast -food Condition 34a, 34b, and 34d of the CPD have been revised to reflect the change in the Art in Public Places to require the public art instead of the in -lieu contribution, a change in the TSM fee based S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030402.dcc 000GICIL Honorable City Council April 2, 2003 Page 2 upon the use of the latest URBEMIS program, and a change in the citywide traffic fee to reflect the contribution levels required in the latest development agreements. ANALYSIS Staff's analysis of the issues for the City Council's consideration are as follows: Reversing the layout of the Service Station: On March 17, 2003, the applicant submitted two (2) additional alternatives reversing the service station orientation. Alternative 1 (See Attachment 4A): This alternative would relocate the rear of the mini -mart building to the corner, with the fueling canopy and car wash located in front of or south of the mini -mart building. The advantages of this alternative are: a) it provides a large area for an Art in Public Places element at the corner with the building acting as a backdrop the art and provides a focal point for motorists traveling along the street frontage; b) the gasoline canopy would be located in front of the mini -mart building shielding the view of the canopy and potentially decrease any noise created from fueling operations; and c) visually give the impression of reducing the size of the canopy as it would be set farther away from the street. The disadvantages of this alternative are: a) the building, as proposed, would not meet the required minimum thirty (30') feet setback from Campus Park Drive, but the site plan and the size of the building could be revised to meet code; b) the rear of the building which has minimal architectural articulation would be most visible from the street frontages and would need to be revised to provide greater articulation; and c) the location would preclude the project from having a curb -cut on Collins Drive, since this is seen as an advantage by the applicant. Alternative 2 (See Attachment 4B): The second alternative locates the rear of the mini -mart building along Campus Park Drive with the canopy and car wash located in front of the mini -mart building to the south. This alternative would eliminate the curb -cut along Campus Park Drive closest to the intersection, but retain the curb - cut on Collins Drive. The advantages of this alternative are: a) the design would provide a large area at the corner for an Art in Public Places element with the relocation of the proposed sign; and b) the mini -mart building would screen the view of the gasoline canopy since it would be located south of the mini -mart building. The disadvantages of this alternative are: a) the rear of the mini - mart building which has minimal architectural articulation would be S: \Community Development \DEV PMTS \C 2 D \2000 -04 M &M \Agenda Reports \cc 030402.doc 000002 Honorable City Council April 2, 2003 Page 3 most visible from the street frontages and need further articulation; and b) the building mass of the mini -mart would appear larger than its actual size due to the close proximity to Campus Park Drive. Alternative 3 (See Attachment 4C): This alternative is the applicant's existing proposal. The advantages of this alternative are: a) the front and sides of the mini -mart building which have the most amount of architectural articulation can be seen from the streets; b) the store front windows can be seen from the street which is preferred by the police department for security purposes and present a more open appearance to the development; c) the car wash is provided at the rear and is partially screened by the mini - mart building; and d) there is still sufficient room for an Art in Public Places element at the corner. A disadvantage of this alternative is that the canopy would be the prominent feature rather than the mini -mart when viewed from the intersection. Collins Drive Access: After consideration of the City Engineer's conditions, the applicant's proposal and public testimony, the City Council expressed concern regarding turning movements and potential conflict points in the area of Collins and Campus Park Drives and requested additional information regarding intersection turning movements. The applicant has supplied an exhibit which labels each of the lanes, as well as, the direction of travel for each lane on Collins and Campus Park Drives (see Attachment 3). Three (3) alternatives are available along Collins Drive. The first alternative includes no curb -cut on Collins Drive. The second alternative allows for right -in only turns from automobiles traveling south on Collins Drive and right -out only south bound movements onto Collins Drive. The third alternative allows for right -in only turns from southbound traffic along Collins Drive into the site. These three (3) alternatives are further described below: Alternative 1 - No Curb -cut Along Collins Drive: This alternative would eliminate the curb -cut on Collins Drive. It works with the applicant's proposal as well as with the corner mini -mart layout (Alternative 1 relocating the mini -mart to the corner). This alternative would require motorists traveling south from lane C3 on Collins Drive to make a right turn onto Campus Park Drive, and then a left at the raised median left turn pocket to enter the shopping center, and then traveling back to the easterly part of the shopping center to arrive at the service station. This option would also require motorists traveling west from lane A -2 on Campus S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030402.doc OOOGC3 Honorable City Council April 2, 2003 Page 4 Park Drive to go through the intersection and enter the shopping center from the raised median left turn lane on Campus Park Drive instead of making a left turn across two lanes of traffic to enter the proposed Collins Drive access. Alternative 2 - Right -in Only Turns from Automobiles Traveling South on Collins Drive: This alternative would make the Collins Drive access a right -in only. It would allow motorists traveling south bound on Collins Drive, traveling in lane C2 or C3 on Collins Drive to drive through the intersection and enter the center through the Collins Drive access. Motorists traveling west bound on lane Al on Campus Park Drive would turn southbound to enter the freeway via lane F1 on Collins Drive or enter the center through the Collins Drive access. By restricting the Collins Drive access to a right -in only would minimize the conflict created from exiting right -out traffic with freeway bound traffic. There would still be some conflict between motorists making a right turning movement from lane E3 on Campus Park Drive to lane F1 or F2 on Collins Drive, but this would be at relatively slow speeds. The City Engineer advised the Planning Commission that this alternative was acceptable if an access was desired on Collins Drive. Alternative 3 - Right -in and Right -out Turns at the Collins Curb - cut: The Planning Commission recommended that the Collins Drive curb -cut allow for right -in and right -out turns for overall better traffic flow into and out of the center It is the City Engineer's opinion that motorists turning right out of the Collins Drive driveway will have too many conflict points, i.e. southbound traffic from lane C2 and C3, left turn movement from lane Al and right turn movement from lane E3, to make this a safe situation. Art in Public Places On March 5, 2003, the City Council requested the applicant bring back a proposed Art in Public Places proposal to be placed on the site. The applicant had not submitted a design in time for the writing of this report, but expects to have a concept ready in time for the City Council meeting on April 2, 2003. Health and Safety Aspects of the Service Station The applicant has provided the following information regarding underground storage tanks, underground piping, dispensing equipment, vapor recovery system and the emergency shutdown system. It should be noted that the facility would have to be built in full compliance with all local, State and Federal regulations regarding the storage and dispensing of motor vehicle fuels. The following is a summary of the various components of the system: S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030402.doc O©0OC4 Honorable City Council April 2, 2003 Page 5 Underground Storage Tanks • Doublewall Construction • Fiberglass - Corrosion Resistant • Continuous Electronic Monitoring of the Tank Annulus • Electronic Tank Level Monitoring System • Overfill Design Components to Prevent Overfill • Electronic High Level Detection and Alarm System Underground Piping • Doublewall Construction for Product, Vapor Recovery and Vent Lines • Fiberglass - Corrosion Resistant • Continuous Electronic Monitoring of the Piping Annulus • Mechanical Line Leak Detection Dispensing Equipment • Dispenser piping is equipped with impact valve assembly to close pipelines in the event of impact or fire. • Each hose is equipped with a breakaway connection. • Monitored Under Dispenser Containment. Vapor Recovery System • This project will incorporate control technology, as required by the State of California Air Resources Board and the Enhanced Vapor Recovery Guidelines. • The system is a closed system able to recover 950 of all vapors at the facility. • The vent pipes are equipped with a valve to prevent any omission of vapors. Emeraencv Shutdown Svstem • The facility has emergency shutdown switches located both inside and outside the building in case of an emergency that will disconnect power to the fueling system. • In the event of a detection of a breach in the integrity of the primary tank, piping of the secondary tank or piping system, the electronic detection system will alarm and shutdown the fueling system. S: \Community Development \DEV PMTS \C P D \2000 -05 M &M \Agenda Reports \cc 030402.doc 000CU5 Honorable City Council April 2, 2003 Page 6 Hours of operation for the service station and fast -food restaurant and alcohol sales: At the public hearing, there was concern expressed over the proposed twenty -four (24) hour operation of the fast -food restaurant. However, there was also testimony indicating the fast - food restaurant should have extended hours so people leaving the college from night classes or other events would have a place to stop for refreshments. In order to accommodate the concerns, staff would suggest that the operation of the commercial center and the fast -food restaurant be open until midnight and allow 24 -hour service for the service station and mini -mart for one (1) year on a trial basis. At any time during the year should the hours of operation become a problem, the Community Development Director could, upon notice to the applicant, change the hours of operation. If after a year there are no problems relating to the hours of operation, the Community Development Director would deem the trail period closed. It should be noted that if in the future, hours of operation become a problem; the City could amend the conditions of the CPD through a hearing process. In order to alleviate the potential for noise intrusion to surrounding property owners, staff previously included a special condition for the Commercial Planned Development, prohibiting the use of outside speakers at the commercial center. With respect to alcohol sales at the service station the Zoning Ordinance requires that a conditional use permit be approved prior to the commencement of any alcoholic beverage sales. The applicant has not applied for a conditional use permit as part of this application and therefore, would not be allowed to sell alcoholic beverages. The Council could choose to condition the project to prohibit alcohol sales. If in the future the applicant wished to have alcohol sales at the service station the applicant would have to request and receive a Modification to the CPD along with approval of a conditional use permit. Special Condition 10 of the CPD requires that a conditional use permit application would have to be approved before alcohol sales would be allowed at the service station. ENVIRONMENTAL 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 S: \Community Development \DEV PMTS \C F D \2000 -04 M &M \Agenda Reports \cc 030402.doc ®®0(Xs Honorable City Council April 2, 2003 Page 7 environment will not have a significant effect on the environment. Therefore, a Negative Declaration has been prepared and is recommended to be adopted in compliance with the State of California Environmental Quality Act Guidelines (CEQA). STAFF RECOM4ENDATIONS 1. Accept public testimony and close the public hearing. 2. Adopt the proposed Negative Declaration as sufficient environmental documentation. 3. Direct staff as to what alternative, if any, with respect to the gas station layout and the Collins Drive access and then Adopt Resolution No. 2003- approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264, directing staff to amend the conditions consistent with Council direction. ATTACHMENTS: 1. Draft City Council Resolution No. 2003- 2. Staff report for the City Council meeting on March 5, 2003 (Attachments not included). 3. Street configuration for Collins and Campus Park Drives 4. Alternative Site Plans for Service Station A. Mini -mart located at corner. B. Mini -mart located adjacent to Campus Park Drive. C. Site Plan as proposed by applicant. 5. Proposed Negative Declaration. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030402.doc ®®®G0'7 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT (CPD) PERMIT NO. 2000 -04 AND TENTATIVE PARCEL MAP (TPM) NO. 5264 ON A 6.28 - ACRE PARCEL, LOCATED AT THE SOUTHWEST CORNER OF CAMPUS PARK DRIVE AND COLLINS DRIVE, ON THE APPLICATION OF M &M DEVELOPMENT. (ASSESSOR PARCEL NO. 514 -0 -160 -045) WHEREAS, on January 27, 2003, the City of Moorpark Planning Commission adopted Resolution No. PC- 2003 -437, recommending to the City Council approval of Commercial Planned Development Permit (CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264 for a 72,285 square foot commercial retail center and subdivision of approximately 6.28 acres into four (4) parcels of 1.46, 0.76, 0.67 and 3.39 gross acres, located at the southwest corner of Campus Park Drive and Collins Drive, on the application of M &M Development; and WHEREAS, at a duly noticed hearing on March 5, 2003 and April 2, 2003, the City Council considered Commercial Planned Development Permit (CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264; and WHEREAS, on April 2, 2003, the City Council closed the public hearing; and WHEREAS, at its meeting of April 2, 2003, the City Council opened the public hearing; took public testimony and after review and consideration of the information contained in the staff report and any supplements thereto, and consideration of written and oral public testimony both for and against the applications and then continued the matter, public hearing open to April 2, 2003, has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: A. 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. CC ATTACHMENT 1 000GC8 Resolution No. 2003 - Page 2 B. 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 judgment of the City Council of the City of Moorpark. SECTION 2. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and accompanying studies, the City Council has determined that this application, with the attached Special and Standard Conditions of Approval, 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, and the structure(s) have design features which provide visual relief and separation between land uses of conflicting character. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan. B. The design and improvements of the proposed subdivision is consistent with the applicable General Plan. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.aoc Q 0 0U9 Resolution No. 2003 - Page 3 C. The site is physically suitable for the type of development proposed. D. The site is physically suitable for the proposed density of development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. SECTION 4. CITY COUNCIL APPROVAL: A. The City Council approves Commercial Planned Development Permit No. 2000 -04, with removal of the proposed hotel use, subject to the special and standard conditions of approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. B. The City Council approves Tentative Parcel Map No. 5264 subject to the special and standard conditions of approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION S. CERTIFICATION OF ADOPTION: 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. S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 001010-o Resolution No. 2003 - Page 4 PASSED AND ADOPTED this 2nd day of April, 2003 Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A - Special and Standard Conditions of Approval S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 ®G IA6 1 Resolution No. 2003 - Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL SPECIAL CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2000 -04 Please contact the COMMUNITY DEVELOPMENT DEPARTMENT for questions regarding compliance with the following condition(s) 1. All conditions of Tentative Parcel Map (TPM) No. 5264 shall apply. 2. The development of Pads A, B, C and D shall be built as one (1) phase. 3. Any proposed use, site plan and building elevations for Pad E is subject to the review and approval of a Modification to Commercial Planned Development Permit No. 2000 -04. 4. There shall be no access to building lease areas from the west elevation, except to meet required exiting provisions of the Uniform Building Code. 5. Second story windows on the west facing elevation of the buildings along the west portion of the site adjacent to the condominiums shall have either louvered covering over the windows or have a minimum bottom sill height of six (6') feet or as otherwise determined by the Community Development Director to reduce or inhibit direct views west from the second story windows to the existing residential development. 6. Prior to the issuance of a certificate of occupancy for the first building the applicant shall complete the wall and fencing requirements of this condition. The wall along the entire west property line adjacent to the residences shall remain at a height of six (6') feet, but the openings in the wall shall be closed to the satisfaction of the Community Development Director. The entire existing Caltrans chain -link fence along the subject property from the Caltrans road access gate shall be replaced with a six foot high decorative wrought iron fence, with six -foot high block pilasters located twenty -five (25') feet on center, or as otherwise determined by the Community Development Director. The existing Caltrans road access gate shall be replaced with a decorative gate. The design and color of the fencing and gate are subject to the review and approval S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 000(;1172 Resolution No. 2003 - Page 6 of the Community Development Director. Alternative fencing and gate may be approved by the Community Development Director should Caltrans not approve the wrought iron fencing. 7. The landscape plan for the shopping center, including the Caltrans right -of -way, shall incorporate the loss of mature trees in the Campus Park Drive median, in accordance with the Tree Preservation Ordinance. 8. Earthen berms, hedges and /or low walls shall be provided where needed to screen views of parked vehicles from adjacent streets. 9. Prior to the issuance of a building permit the applicant shall submit a landscape plan, including phasing, for review and approval by the Community Development Director. The first phase of landscaping shall include, but not be limited to all landscaping around the perimeter of the site, at driveway entrances including the Campus Park Drive medians, raised islands within the parking areas, and surrounding constructed building areas. To ensure an attractive appearance for the commercial center until build -out, all areas of the site not proposed for construction in the first phase shall include interim groundcover landscaping and irrigation to the satisfaction of the Community Development Director. 10. On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. Public notice will require notification to surrounding property owners within 1,000 feet of the subject property. 11. The use of outside speakers of any kind at the commercial center for order - taking or any other purpose is prohibited. 12. The Caltrans property along the entire property frontage located adjacent to the freeway on -ramp including the islands located to the east of the Caltrans easement, as well as, the existing islands in Collins Drive shall be landscaped. In the event that Caltrans does not allow landscaping in some of the islands, decorative pavement, to the satisfaction of the Community Development Director may be substituted. Maintenance of landscaping in these areas shall be performed through a city approved assessment district. 13. The applicant shall be responsible for executing an agreement with Caltrans for installation and maintenance of S: \Community Development \DEV PMTS \C 2 D \2000 -04 M &M \Resolutions \ccreso.doc 0C�; Resolution No. 2003 - Page 7 the required landscaping and irrigation within the Caltrans right -of -way along Collins Drive. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00 CO.I.ly Resolution No. 2003 - Page 8 SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP (TPM) NO. 5264 PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 1. All conditions of Commercial Planned Development No. 2000- 04 shall apply. 2. On Campus Park Drive west of the project boundary to the centerline of Collins Drive) the existing raised center median shall remain except for a left -turn pocket into the center driveway. The applicant shall modify the median in accordance with Caltrans standards and to the satisfaction of the City Engineer. The applicant shall maintain existing width of all lanes, sidewalks and parkways. The applicant shall provide a 1;-�-inch thick asphalt rubber hot mix overlay on both sides of the street. The center medians shall be trimmed back, if necessary, to accommodate the ADA ramp alignments. The median shall be planted with a minimum of one (1) tree with the median nose planted with annuals. The applicant is required to provide tree replacement for any trees to be removed from the median consistent with City Ordinance requirements. Root barriers shall be provided for all perennial plant material. The applicant shall be required to maintain the entire length of the median in perpetuity through a city approved assessment district. All costs of forming the assessment district shall be borne by the applicant. 3. On Collins Drive the applicant shall submit to Caltrans for review and approval, street improvement plans prepared by a California Registered Civil Engineer and shall post sufficient surety guaranteeing the construction of the improvements within their right -of -way. Concurrent submittals shall be made to the City Engineer for review. A copy of all final approved Caltrans permits shall be forwarded to the City Engineer. An encroachment permit shall be obtained from Caltrans prior to construction of any proposed roadway or other improvements within their right -of -way. Any additional right -of -way required to implement the approved design for this work in their right - of -way, including slope easements for future grading, shall be acquired by the applicant and dedicated to the State in a manner acceptable to Caltrans and the City Engineer. All required dedications shall be illustrated on the Final Parcel Map. Proof of encroachment or other non -City permits S: \Community Development \DEV PMTS \C P D \2000 -04 M&M \Resolutions \ccreso.doc O 00 CI:1 5 Resolution No. 2003 - Page 9 and bonds shall be provided to the City Engineer prior to the start of any grading or construction activities. The applicant shall provide a 11-2-inch thick asphalt rubber hot mix overlay for the full width of the street (approximately 700 feet) from the northerly limits of the Collins and Campus Park Drive intersection to one - hundred feet (1001) south of the project boundary. 4. For the driveway on Collins Drive the applicant shall provide minimum 12 -feet wide travel right in only lanes. Curb return radii shall be 45 -feet and shall accommodate turning requirements for a California semi - trailer truck. In addition, applicant shall provide a raised median on Collins to preclude left turns into site. This median shall be landscaped. Maintenance of the median shall be through a city approved assessment district. 5. The applicant shall dedicate vehicular access rights to the City of Moorpark along Campus Park and Collins Drives, except at approved points. 6. The applicant, at no cost to the City, shall have a Traffic Study prepared that analyzes the intersection of Campus Park Drive and Collins Drive, Collins Drive and State Route 118 west bound ramps, and Collins Drive and State Route 118 eastbound ramps /Los Angeles Avenue including striping and signalization and /or other appropriate requirements. The applicant shall be responsible for the full cost of any intersection improvements required by the City. The study shall be reviewed and approved by the City Engineer prior to issuance of building permit and the improvements are to be installed prior to first occupancy. 7. The applicant shall prepare a Traffic Report that addresses traffic movements into and out of the project site, including queuing movements into and from the project. The report shall include traffic counts: analysis, evaluation and critique of the existing traffic signal timing, as well as, lane capacities and functions. The report shall address changing the intersection configuration to eliminate on the south leg, the shared through /right lane in favor of two (2) through lanes or two (2) right lanes and explore the possibility of changing the east leg to two (2) left turn lanes and one (1) through lane. The final report shall be to the satisfaction of the City Engineer. 8. The applicant shall revise the site plan to include a dedicated left turn lane on the center of Campus Park Drive driveway. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 O ®G I G Resolution No. 2003 - Page 10 STANDARD CONDITIONS OF APPROVAL FOR COM[ORCIAL PLANNED DEVELOPMENT (CPD) NO. 2000 -04 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 2. This development is subject to all applicable regulations of the City's Municipal Code, including Title 17, Zoning, and all requirements and enactment's of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactment's shall, by reference, become conditions of this permit. 3. In the event that the uses for which Commercial Planned Development Permit are approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the center unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 4. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted this permit shall automatically expire on March 5, 2005. The Community Development Director may, at his /her discretion, grant one (1) additional one (1) year extension for project inauguration if there have been no changes in the adjacent S: \Community Development \DEV PMTS \C P D \2000 -04 M&M\ Resolutions \ccreso.doc 0 0 r y V ll0 �.ri. w^� Resolution No. 2003 - Page 11 areas, and if the applicant can document that he /she has diligently worked towards inauguration of the project during the initial two (2) year period. The request for extension of this entitlement must be made in writing, at least thirty (30) days prior to the expiration date of the permit. 5. 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. 6. 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. 7. The applicant 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. The applicant 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 applicant of his /her obligation under this condition. 8. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Division shall be required. A Certificate of Occupancy shall not be issued until all on -site improvements specified in this permit have been completed, or applicant has provided a faithful performance surety. At the discretion of the Community Development Director and the posting of surety by the applicant, said on -site improvements shall be completed within one - hundred - twenty (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. 9. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0002.8 Resolution No. 2003 - Page 12 10. The hours of operation of the center shall be from 6:00 a.m. to 10:00 P.M. On a trial basis, the hours of operation for the service station may be on a 24 -hour basis for one year from the date of the certificate of occupancy of the service station. If anytime, even with the first year, if the hours of operation become a problem relative to the service station use, the Community Development Director, through an office hearing, would be authorized to limit the hours of operation, but in no case less than 10:00 P.M. Action by the Community Development Director would be final and not subject to appeal. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. 11. 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 Building and Safety Department. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. 12. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Community Development Director the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 13. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the applicant, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Community Development Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 00 C11 9 Resolution No. 2003 - Page 13 14. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 15. The applicant'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. 16. The applicant agrees not to protest the formation of an underground Utility Assessment District. 17. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The applicant shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days after notification. 18. No noxious odors shall be generated from any use on the subject site. 19. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable City Code provisions. 20. The applicant and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. 21. 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 applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 22. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to Community Development Department or City Engineer's Office initiation of work on Condition Compliance. The applicant shall be required to pay a Condition Compliance deposit pursuant to the requirements S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 000020 Resolution No. 2003 - Page 14 of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition compliance costs prior to issuance of a Zoning Clearance for building permit. 23. 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. 24. All contractors doing work in Moorpark shall obtain 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. 25. Prior to occupancy, Ventura County, Air Pollution Control District (APCD) shall review all applicable uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancy shall be withheld until compliance with these provisions from the Ventura County, Air Pollution Control District is provided. 26. Prior to Occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by Vehicle Code Section 21107.7. 27. Prior to occupancy, the subdivider, shall will pay a fee to the City Clerk's Department to scan building permit file, landscape, public improvement, site plans and other plans as determined necessary by the Community Development Director into the City's electronic imaging system. BUILDING AND SITE PLAN REQUIREMENTS 28. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 29. All final construction working drawings, grading and drainage plans, site plans, building colors and materials, sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. 30. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 0 C21 Resolution No. 2003 - Page 15 owner's representative shall apply for a Zoning Clearance from the Community Development Department. The purpose of the Zoning Clearance shall be to determine if the proposed use(s) is /are compatible with the zoning and terms and conditions of the planned development permit. 31. If any architectural or historical finds are uncovered during excavation operations, all grading or excavation shall cease in the immediate area, and the find left untouched. The applicant shall assure the preservation of the site; shall obtain the services of a qualified paleontologist or archaeologist, whichever is appropriate to recommend disposition of the site; and shall obtain the Community Development Director's written concurrence of the recommended disposition before resuming development. The applicant shall be liable for the costs associated with the professional investigation and disposition of the site. 32. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. 33. All existing and proposed utility lines, with the exception of 66 KVA or larger power lines, within and immediately adjacent to the project site shall be placed underground to the nearest off -site utility pole. Undergrounding includes all above - ground power poles and other utilities on the project site as well as those along the street frontage. Should there be any above grade utility fixtures they shall be placed adjacent to or within landscaped areas and screened on three sides. 34. Prior to issuance of a 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 $0.50 per gross square foot of building floor area. b. Prior to the first building occupancy the applicant shall create an on -site public art project where the art work is at a cost greater than or equal to the Art in Public Places contribution ($0.10 per each square foot of building area) subject to approval of the City Council. C. A Moorpark Traffic Systems Management (TSM) Fee, the applicant shall pay the City the required TSM Fee at the rate of $5.63 per square foot of gross building S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00C 12 2 Resolution No. 2003 - Page 16 area or that in effect at the time of building permit issuance. d. A Citywide Traffic Mitigation Fee, in the amount of $113,040 (based upon $18,000 /ac) 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. e. A Tree and Landscape Fee of $0.05 per square foot of gross building areas. f. The Los Angeles Avenue Area of Contribution (AOC) Fee. The AOC fee shall be the dollar amount in effect at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the City Manager, the Developer will not have to pay the AOC fee. 35. The Building Plans shall be in substantial conformance to the plans approved under this permit and shall specifically reflect the following: a. Transformer and cross connection water control devices shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Fences and walls. C. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. d. Required loading areas and a 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. 36. Prior to the issuance of a Zoning Clearance for the first business, a Master Sign Program for the entire project site shall be submitted to 'the Community Development Director S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 0 0 2 3 Resolution No. 2003 - Page 17 for review and approval. The Master Sign Program shall be designed to provide for a comprehensive on -site sign arrangement and design consistent with the shopping center architecture. 37. For all flat roofed portions of buildings a minimum 18 -inch parapet wall above the highest point of the flat roof shall be utilized on all sides. 38. Skylights are prohibited unless approved through the planned development permit process or as a Modification to the Commercial Planned Development Permit. 39. For all exterior lighting, a lighting plan prepared by an electrical engineer registered in the State of California, shall be prepared in conformance with Chapter 17.30 of the Moorpark Municipal Code. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan shall be submitted, with the required deposit, to the Community Development Department for review and approval. 40. Property line walls shall be located no further than one inch from the property line. 41. Exterior downspouts shall not be permitted. 42. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened on all four sides by view obscuring material(s). All screening shall be shall be maintained for the life of the permit. 43. Any outdoor ground level equipment and storage (such as loading docks, cooling towers, generators, etc.) shall be architecturally screened from view by a masonry wall, the design of which shall be approved by the Community Development Director. 44. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. 45. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy. Prior to the issuance of a Zoning S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 OO x^.2 A Resolution No. 2003 - Page 18 Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources are mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 46. Parking areas shall be developed in accordance with the requirements of Chapter 17.32 of the Moorpark Municipal Code. The parking area shall include adequate provisions for drainage, striping and raised concrete curbs in lieu of wheel stops, 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. Parking space and loading bay striping shall be maintained so that it remains clearly visible for the life of the development. A zone clearance shall be required for any restriping of the parking area. 47. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director prior to the issuance of a building permit. Trash areas and recycling bins shall be depicted on the final construction plans, the 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 City standards and shall be covered to meet the requirements of the National Pollution Elimination Systems (NPDES). a. Prior to issuance of an Occupancy Permit, a Waste Reduction and Recycling Plan shall be submitted to the City's Solid Waste Management staff and the Community Development Department for review and approval prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 00C�7 Resolution No. 2003 - Page 19 b. The building manager or designee will conduct a routine on -site waste management education program to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management staff. LANDSCAPING AND IRRIGATION 48. The final landscape and irrigation plans shall be in substantial conformance with the conceptual landscape plan approved as part of this permit. The applicant shall bear the cost of the landscape and irrigation plan review, installation of the landscaping and irrigation system, and of final landscape and irrigation inspection. The submitted plans shall be accompanied by a deposit to cover the cost of plan check and inspection as specified by the City of Moorpark. The landscape and irrigation plans shall be reviewed and approved by the Community Development Director. Prior to recordation of the map or building occupancy as determined by the Community Development Director, final inspection shall be completed. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved landscape and irrigation plans. 49. Prior to issuance of a building permit, three complete sets of the landscape plans, specifications and a maintenance program, prepared by a State Licensed Landscape Architect, shall be submitted. The plans shall be in accordance with the Ventura County Guide for Landscape Plans, or City Guidelines in effect at the time of landscape plan submittal. The landscape plans shall be shown on the City approved grading plan. 50. All manufactured slopes over three (3) feet in height shall be planted for erosion control, to minimize or prevent aesthetic impacts to adjacent property owners, and to mitigate the visual impacts. 51. The applicant shall provide for additional enhanced landscaping equal to or greater than the cost of any trees to be removed as determined by the Community Development Director. Additional trees, which form a canopy, shall be provided to shade parking, driveway areas and other areas as determined by the Community Development Director. 52. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban S: \Community Development \DnV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc () 00(;2 6 Resolution No. 2003 - Page 20 landscaping and pedestrian paths, as well as transformer boxes and other utilities within the project limits and street rights -of -way. 53. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 54. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. 55. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six -inch high concrete curbs. 56. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 57. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 58. 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. 59. A fifty percent (500) canopy coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at fifty percent (500) maturity. 60. A sufficiently dense tree - planting plan emphasizing tall growing trees and /or shrubs shall be designed. Fifty percent (500) of all trees shall be a minimum of 24 -inch box size in order to provide screening in a three (3) to five (5) year time period. All other trees shall be a minimum 15- gallon in size. Recommendations regarding planting incorporated into the environmental document shall be incorporated into the screening plan as determined necessary by the Community Development Director. 61. Automatic controlled irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. S: \Community Development \DEV PM S \C P D \2000 -04 M &M \Resolutions \ccreso.doc O U 0 I'2 Resolution No. 2003 - Page 21 62. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 63. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 64. Prior to final landscape inspection, the areas to be landscaped, as shown on the landscape and irrigation plans, shall be landscaped and irrigation system installed. 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. 65. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. 66. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front and sides of the buildings subject to the satisfaction of the Community Development Director. In addition, planters or planter boxes shall be placed at the ends of the fuel dispensers. 67. Prior to issuance of a Zoning Clearance for building permit, the applicant shall provide an irrevocable offer of an easement to the City to enable the City to maintain all parkway landscaping of the site adjacent to streets (hereinafter "Parkway Landscaping "). 68. The applicant shall be responsible for maintenance of the Parkway Landscaping. If the City, at its sole discretion, determines that the maintenance of the Parkway Landscaping is unsatisfactory, the City may invoke the aforementioned offer of dedication and assume responsibility for such maintenance at the applicant's expense. The total City cost for such maintenance shall be borne by the applicant through the City levy of an annual landscape maintenance assessment. 69. A Landscape Maintenance Assessment District (herein "District ") shall be formed in order to provide a funding source for City costs for the maintenance of the Parkway and median landscaping, as well as, the Caltrans areas adjacent to the project and the medians in Collins Drive, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the applicant shall: S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00 CJO° 8 Resolution No. 2003 - Page 22 a. Thirty (30) days prior to the recordation of any map or the issuance of any Zone Clearance for the project, submit to the City a signed Petition and Waiver requesting the formation of the District; and b. Thirty (30) days prior to the submittal of the signed Petition /Waiver, submit to the City the completed and City approved landscaping and irrigation plans for the Parkway Landscaping; and C. One hundred twenty (120) days prior to the planned recordation of any map or the planned issuance of any Zone Clearance, submit to the City: i. the final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and ii. a check in the amount of $5,000 as an advance toward City assessment Engineering Costs related to the formation of the District. [Note: The applicant shall be required to pay any additional amount required to fully cover all City costs for the formation of the District]. 70. It shall be the intent of the City to approve the required assessment each year, but to levy only that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is not required to take over the maintenance of the parkway landscaping, the amount of the annual assessment actually levied upon the property would be minor, possibly zero. The City shall administer the annual renewal of the District. Any costs related to the administration of the District shall be charged to the fund established for District assessments and costs. 71. Tree pruning which consists of excessive tree trimming to limit the height and /or width of tree canopy and results in a reduction in required shade coverage for parking lot area (reference Condition No. 60) is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 72. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall f- S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc () 00 Resolution No. 2003 - Page 23 be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. PLEASE CONTACT THE CITY ENGINEERING DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 73. All conditions of TPM No. 5264 shall apply to Commercial Planned Development No. 2000 -04. 74. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October lst (the rainy season) and once in January. The City Engineer may require additional cleaning. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote S: \Community Development \DEV PMTS \C P D \2000 -04 M&M \Resolutions \ccreso.doc 0 00 C. 0 Resolution No. 2003 - Page 24 surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered and have a drain as approved by the City Engineer. 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. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the 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. PT.E'ASF. CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS REGARDING CONPLIANCE WITH THE FOLLOWING CONDITION(S) 75. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 76. An on -site access road width of thirty feet (30') and parallel parking on one side shall be provided. 77. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 78. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed one - hundred -fifty feet (150'). Turnaround areas shall not exceed a 2.5% cross slope in any direction. In addition, show emergency access for hotel, especially turnaround area. 79. The access /driveway shall be extended to within one - hundred -fifty feet (150') of all portions of the exterior walls of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 80. Two (2) means of ingress /egress shall be provided to the development in accordance with Fire District access standards. 81. Prior to construction, the applicant shall submit two (2) site plans to the Fire District for the review and approval S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc V () () C. y!1 Resolution No. 2003 - Page 25 of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy and shall be kept free and clear at all times. 82. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. 83. 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. Brass or gold plated numbers shall not be used. Where structures are set back more than 150 feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event the structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance on an elevated post. 84. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 85. Prior to construction, the applicant shall submit plans to the Fire District for placement of the fire hydrants. On plans, existing hydrants within three - hundred feet (300') of the development. Indicate the type of hydrant, number and size of outlets. 86. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. 87. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have two (2) 4 -inch and one (1) 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 three - hundred feet (300') on center and so located that no structure will be farther than one - hundred -fifty feet (1501) from any one hydrant. S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 00001,17-2 Resolution No. 2003 - Page 26 d. Fire hydrants shall be set back in from the curb face twenty -four inches (24 ") on center. e. No obstructions including walls, tree, light and sign posts, meter, shall be placed within three (3) feet of any hydrant. f. A concrete pad shall be installed extending eighteen inches (18 ") out from the fire hydrant. g. Ground clearance to the lowest operating nut shall be between eighteen inches (18 ") and twenty -four inches (24 ") . 88. Prior to Map Recordation /building permit, the applicant shall provide to the Fire District, verification from the water purveyor that the water purveyor can provide the required fire flow of 2,500 gallons per minute at 20 psi for a minimum two (2) hour duration. 89. 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 cap 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. 90. Structures greater than 5,000 square feet and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 91. 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 one - hundred (100) or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 92. A fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code requirements. 93. Plans for any fire alarm system shall be submitted, with payment for plan check, to the Fire District for review and approval prior to installation. 94. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00 cl_-'_'� 3 Resolution No. 2003 - Page 27 for review and approval prior to obtaining a building permit. 95. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet (5') of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. 96. The applicant shall submit a phasing plan to the Fire Department for review and approval prior to construction. 97. The applicant and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. 98. The applicant shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new construction or additions to existing structures. 99. 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. 100. All grass or brush exposing any structure(s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection Ordinance. 101. Any structure exceeding three (3) stories or 48 feet in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding 75 feet in height shall be subject to Fire District high rise building requirements. PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 102. In addition to the District's questionnaire, the applicant shall comply with the applicable provisions of the District's standard procedures for obtaining domestic water and sewer services for the applicant's projects within the District. The project shall have a master meter with RP backflow device in each of the two (2) tie -in points within the public right -of -way. The project may also need to have a separate service line or fire protection. REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT FOR QUESTIONS (S) S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc .2 Resolution No. 2003 - Page 28 103. The project shall be so designed to control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. PLEASE CONTACT THE POLICE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 104. Exterior access ladders are not permitted. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc. 105. Prior to issuance of a Zoning Clearance for building permit, all new construction shall comply with public safety measures as determined necessary by the Moorpark Police Department. PLEASE CONTACT THE MOORPARK UNIFIED SCHOOL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 106. If applicable, prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District. PLEASE CONTACT THE BUILDING & SAFETY DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 107. No asbestos pipe or construction materials shall be used. 108. 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. - End - S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00042 5 Resolution No. 2003 - Page 29 STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP (TPM) NO. 5264 PLEASE CONTACT THE COM[KUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) GENERAL REQUIREMENTS 1. The Conditions of Approval of this Tentative Parcel Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within thirty (30) days following City Council approval of this Tentative Parcel Map, the applicant shall submit a conforming Tentative Parcel Map that complies with all Conditions of Approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Community Development Director. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this map. A notation, which references Conditions of Approval, shall be included on the Final Map in a format acceptable to the Community Development Director. 3. This Tentative Parcel Map shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if the applicant can document that he /she has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the map. 4. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 " 0GE 6 Resolution No. 2003 - Page 30 action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Parcel Map is ultimately recorded with respect to the subdivision. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The Map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the Final Map and other improvement plans as required by the Community Development Director into the City's electronic imaging system. 8. Prior to application for grading permit and submittal of a Final Map for plan check, the applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The applicant or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review for a Final Map. 9. Prior to Final Map approval, the applicant shall submit for review by City Attorney, Community Development Director and City Engineer an operational agreement and easement for the purposes of ensuring uniformity and consistency of maintenance of parking, landscaping and lighting, and S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 000037 Resolution No. 2003 - Page 31 reciprocal access and parking within all TPM No. 5264 lots and maintenance of landscaping within the Caltrans right - of -way along the street frontages. The operational agreement and easement shall be recorded concurrently with Final Map recordation. PLEASE CONTACT THE CITY ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) GRADING AND SITE IMPROVEMENTS 10. The applicant shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The applicant shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 11. Requests for grading permits shall be granted in accordance with the approved CPD, as required by these conditions and local ordinances. 12. Prior to transporting any dirt to or from the site a haul route permit shall be submitted for review and approval by the City Engineer and Community Development Director. Surety for the cleaning and /or repair of the streets, as deemed appropriate by the City Engineer, may be required to guarantee compliance with the conditions of the haul permit. 13. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 14. 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. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0® C 2 8 Resolution No. 2003 - Page 32 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 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. 15. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate best management practices for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October lst and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 O G,'3 9 Resolution No. 2003 - Page 33 16. During clearing, grading, earth moving or excavation operations the applicant shall maintain regular watering operations to control dust. Additionally, 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 trucks that shall 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. 17. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: a. When directed by the City Engineer, the applicant shall take all measures necessary to control 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. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc V VO C'7_ V Resolution No. 2003 - Page 34 18. 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. 19. 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 features shall comply with Best Management Practices features 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. Temporary and permanent vegetation, including grass - lined swales. d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 20. The applicant, at its sole cost and expense, may construct those improvements related to grading, storm drains, water, streets, landscaping, erosion and sedimentation control, sewer, and dry utilities shown on the approved Plans (hereinafter referenced as "Improvements "). The applicant shall conform to all conditions of grading and construction (prior to and during) as approved with TPM No. 5264 and this Agreement. The extent of improvements for, and the boundary of, the Project shall be subject to the review and written approval of the City Engineer and the Community Development Director. The improvement requirements are described as follows: a. Grading (as shown on drawing numbers to be determined). b. Erosion control measures (as shown on drawing numbers to be determined) as well as all other best management plan measures that are, or may be, required under the S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O 0 p C 411 Resolution No. 2003 - Page 35 requirements of the Ventura County Municipal Storm Water NPDES Permit (Board Order No. 00 -108; NPDES Permit No. CAS004002). c. Street Improvement Plans sheets (as shown on drawing numbers to be determined). d. Storm drain plans (as shown on drawing numbers to be determined). e. Completion of: i. The grading and improvements (as shown on drawing numbers to be determined). ii. The Conditions of Approval of this Tentative Parcel Map. iii. The requirements and conditions of all other city, County, State and all other public or private agency approvals and permits that pertain to said Parcel Map. 21. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur until the City Engineer and the Community Development Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 22. The applicant shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. The applicant shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the applicant's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Community Development Director of such prior to commencement of the work allowed by this Agreement. 23. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 o V c1 2 Resolution No. 2003 - Page 36 conditions required for TPM No. 5264 and all accepted construction practices, as determined by the City Engineer, without exception. The applicant warrants that the Plans, as originally submitted by the applicant, accomplish the work covered by this Agreement. Applicant shall complete all work performed under this Agreement in accordance with the Plans. 24. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then the applicant shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of TPM No. 5264, said accepted construction practices, and approved Conditions of TPM No. 5264. 25. The applicant shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of 6 feet in height. 26. The applicant shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off -site improvements required by the conditions as described herein. 27. The applicant shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved Tentative Parcel Map, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete all on -site and off - site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 28. 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. 29. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O v o G 3 Resolution No. 2003 - Page 37 30. The maximum gradient for any slope shall not exceed a 2:1 slope. 31. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Community Development Director and the City Engineer. 32. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately eighteen inches (18 ") high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding four feet (4') in height are adjacent to sidewalk. The applicant shall use the City's standard slough wall detail during the design and construction. The City Engineer and Community Development Director shall approve all material for the construction of the wall. 33. Backfill of any pipe c compacted layers unless Engineer. 34. Soil testing for trench all trenching and shall two feet (2') of lift excavation. )r conduit shall otherwise specif compaction shall be done not less and 100 lineal be in 4" fully ied by the City be performed on than once every feet of trench 35. Observe a 15 -mile per hour speed limit for the construction area. 36. The following measures shall be implemented during all construction activities throughout build out of the project to minimize project- related noise: a. Construction activities shall be in accordance with Chapter 15.26 of the Moorpark Municipal Code. b. Truck noise from hauling operations shall be minimizes 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 shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The applicant shall ensure that construction equipment is fitted with modern sound - reduction equipment. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M\Resolutions \ccreso.doc 0 0 0 G_ `" Resolution No. 2003 - Page 38 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 applicant 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 Division. GEOTECHNICAL /GEOLOGY 37. The applicant shall submit a detailed Geotechnical Engineering Report certified by a California Registered Civil Engineer for review and approval by the City's Geotechnical Engineer and City Engineer. The report shall include an investigation with regard to liquefaction, expansive soils, seismic safety, and discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. The applicant shall reimburse the City for all costs including the City's administrative fee for this review. 38. All recommendations included in the approved Geotechnical Engineering Report shall be implemented during project design, grading, and construction in accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the applicant's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved Soils Report(s). S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc Q J O YY 1 5 Resolution No. 2003 - Page 39 STREET IMPROVEMENTS 39. The applicant 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. 40. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 41. 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. 42. The applicant 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. The applicant shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the Tentative Parcel Map and by those required by these conditions. The street improvement plans shall be prepared by a California Registered Civil Engineer and the applicant shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. Public streets shall conform to City of Moorpark requirements or the California Department of Transportation Standards (most recent version), as deemed applicable and including all applicable ADA requirements. 43. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into and out of the project, controlled access exiting the project, under grounding of all above ground utilities, reconstruction of deteriorating S: \Community Development \DEV PMTS \C P D \2000 -04 M &M\Resolutions \ccreso.doc 0 00 C 16. Resolution No. 2003 - Page 40 or damaged sidewalk and curb and gutter, street striping, in addition to new concrete curb and gutter, parkways, new streetlights and street signing to the satisfaction of the City Engineer. The City Engineer and the Community Development Director shall approve all driveway sizes, locations and configurations and "line of site" exhibits showing all improvements, including landscaping and signing, shall be submitted and approved by the City Engineer. The applicant shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 44. All streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision), unless noted otherwise in these Conditions of Approval. The street Improvements shall be to the satisfaction of the City Engineer. 45. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The applicant shall pay all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 46. In accordance with Business and Professions Code 8771, the street improvement plans shall provide for a surveyors statement on the plans certifying that all recorded monuments in the construction area have been located and tied out or shall be protected in place during construction. DRAINAGE 47. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 48. The applicant shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping 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, bridges, etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 49. The applicant shall submit wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be S: \Community Development \DEV PM ^S \C P D \2000 -04 M &M \Resolutions \ccreso.doc 000C47' Resolution No. 2003 - Page 41 required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 50. Monuments shall meet the City of Moorpark, County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections shall be monumented. 51. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 52. The applicant shall prepare a final Traffic Report that addresses traffic movements into and out of the project site, including queuing movements into and from the project. The report shall be to the satisfaction of the City Engineer. 53. The applicant shall prepare a report that addresses the locations of unloading of fuel and that it does not create adverse "bottle necks" with onsite vehicular movements. The report shall be to the satisfaction of the City Engineer. 54. If car wash facility becomes full service, additional parking and setbacks shall be required and a plan shall be submitted for review and approval of the Community Development Director and the City Engineer. 55. As a condition of the issuance of a building permit for each commercial use, the applicant shall be required to pay the City the Los Angeles Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. Institutional uses shall pay on the same basis as commercial uses. 56. The applicant shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on -site and off - site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 Weil 8 Resolution No. 2003 - Page 42 Hydrology shall be per the current Ventura County Flood Control Standards except as follows: i. All storm drains shall carry a 50 -year frequency storm; ii. All catch basins shall carry a 50 -year storm; iii. 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; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative, the applicant shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through the applicant's use or maintenance failure of mechanical treatment facilities. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. This applies to all existing streets adjacent to the project. d. Drainage to adjacent parcels or the Public Right -of- Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. f. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way shall be privately S: \Community Development \DEV PMTS \C F D \2000 -09 M &M \Resolutions \ccreso.doc 0 0 ®G4 9 Resolution No. 2003 - Page 43 maintained. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. The applicant shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. The applicant shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 57. The applicant shall demonstrate for each building pad area that the following restrictions and protections shall 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. 58. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 59. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 60. The applicant shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 61. Prior to approval of plans for NPDES Facilities, the applicant shall provide to the satisfaction of the City Engineer, Engineering and Geotechnical Reports to prove, that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 62. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than 8 feet. In addition all facilities S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 4 0 G_ E'. 0 Resolution No. 2003 - Page 44 shall have all - weather vehicular access. This design shall be to the satisfaction of the City Engineer. NPDES REQUIREMENTS 63. The applicant shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 64. 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. During grading operations, the applicant shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's determination that the NPDES compliance effort is unsatisfactory, the applicant shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the applicant in contracts, rent equipment and purchase materials to the extent needed to effectuate BMPs. c. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMPs. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40 %) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 65. 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 S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 0 G oIL Resolution No. 2003 - Page 45 project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. 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 to the extent possible. 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. 66. The applicant shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the applicant shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- remediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 © 0 G-'-z 2 Resolution No. 2003 - Page 46 when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 67. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention 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 when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 68. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 69. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 70. 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. 71. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 72. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The applicant shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 00 G CE3 Resolution No. 2003 - Page 47 73. The applicant shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 74. The applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 75. Prior to Final Map approval, the applicant shall 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 (BMPs) 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 applicant to provide for maintenance in perpetuity. 76. Prior to City issuance of the initial grading permit, the applicant shall obtain all necessary NPDES related permits. The grading permits issued for the development shall require the applicant 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 shall not be allowed. 77. The project construction plans shall state that the applicant 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. The entire project site and any off -site improvement areas 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 S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 0 ® G EA Resolution No. 2003 - Page 48 once in January. Water flushing is not an approved method for cleaning. e. All 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 shall 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 shall require that "passive" devices and BMPs be used to comply with NPDES water quality requirements. The applicant shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the applicant/ Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program. UTILITIES 78. Utilities, facilities and services for this project shall be extended and /or constructed in conjunction with its phased development by the applicant as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 79. All existing, relocated and new utilities shall be placed underground. 80. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the applicant at his /her expense. If any of the improvements which the applicant is required to construct or install are to be constructed or installed upon land in which the applicant does not have title or interest sufficient for such purposes, the applicant shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the applicant wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O 4® 1,S 5 Resolution No. 2003 - Page 49 b. b. Upon written direction of the City supply the City with: i. A legal description of the interest to be acquired. ii. A map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure. iii. A current Appraisal Report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired. iv. A current Litigation Guarantee Report. 81. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant shall pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. FINAL MAP 82. The Subdivider shall submit to the Community Development Director and the City Engineer a current Title Report for review. The report shall clearly identify all interested parties and lenders included within the limits of the subdivision as well as any easements that affect the subdivision. 83. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 84. A Final Parcel Map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted for review by the City Engineer. 85. The Final Parcel Map shall contain an irrevocable offer of dedication of the easement areas shown on the Tentative Parcel Map. Additionally an easement for public service, public transit, reciprocal access to the lot laying to the south of the development and mutual access between each lot created by the land division shall be provided on the Final Map. The areas offered for dedication and the easement shall provide feasible physical access to the lot laying to S: \Community Development \DcV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 0 00 GE-6 Resolution No. 2003 - Page 50 the south of the development and between each lot created by the land division to the satisfaction of the City Engineer. All said easements shall be provided to the satisfaction of the City Engineer, City Attorney and Community Development Director. 86. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 87. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollution Discharge Elimination System, hereinafter NPDES system not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 88. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 89. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 90. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Parcel Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility that is an easement holder of recorded. Written evidence of compliance shall be submitted to the City Engineer. 91. All areas to be maintained in common shall be incorporated into a common owner's organization as determined acceptable by the City. 92. Prior to recordation of the Final Map, the applicant shall prepare an agreement which indemnifies and holds harmless the City of Moorpark and its agents from future claims S: \Community Development \DEV PMTS \C P D \2000 -09 M &M \Resolutions \ccreso.doc 000057 Resolution No. 2003 - Page 51 which may result from any landslide, subsidence or other adverse geologic conditions that may occur at this site. 93. As- Graded Geotechnical Report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 94. A final grading certification shall be submitted to and approved by the City Engineer. 95. All permanent NPDES Best Management Practices facilities shall be operational. 96. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 97. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 98. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zoning Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 99. Original "as built" plans shall be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" 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 shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, the applicant shall provide an electronic file update on 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. S: \Community Development \DEV PMTS \C P D \2C00 -04 M &M \Resolutions \ccreso.doc 0 0 0 v u 8 Resolution No. 2003 - Page 52 100. The applicant shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 101. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. 102. Prior to commencement of any phase of work under this Agreement, applicant shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with the applicant as principal, for the completion and maintenance of the Improvements in accordance with this Agreement. The applicant shall file with the City, security for the faithful performance of the Improvements to be constructed by applicant and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, the applicant shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 103. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index - All Urban Consumers - Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of the applicant under this Agreement shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by this Agreement shall be the responsibility of the applicant. 104. The applicant shall complete the Improvements no later than two years after start of work, but in no event prior to first occupancy. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O 0 O G u J Resolution No. 2003 - Page 53 105. The City Engineer or his /her duly authorized representative, upon request of the applicant, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with the provisions of this Agreement, City shall accept the Improvements as complete. 106. The applicant agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. The applicant agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. 107. At all times during the construction of Improvements, the applicant shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 108. The applicant shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 109. In the event any of the Improvements are determined to be defective within the time provided herein, the applicant shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should the applicant fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before the applicant can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. The applicant and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 110. The applicant shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 00004 � V O Resolution No. 2003 - Page 54 noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, the applicant shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 111. Prior to commencement of any work under this Agreement, the applicant shall file with the City Engineer a written statement signed by the applicant and each public utility serving TPM No. 5264 stating that the applicant has made all arrangements required and necessary to provide the public utility service to TPM No. 5264. For purposes of this paragraph, the term "public utility" shall include, but not necessarily be limited to, a company providing natural gas, water, sewer, electricity, telephone and cable television. 112. In the event that the applicant fails to perform any obligations hereunder, the applicant agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 113. City may serve written notice upon the applicant and the applicant's surety of any breach of any portion of these Conditions of Approval for this Parcel Map regarding grading and construction of improvements prior to recording a map for this property and the default of the applicant if any of the following occur: a. The applicant refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified b. The applicant fails to complete said work within the required time C. The applicant is adjudged a bankrupt d. The applicant makes a general assignment for the benefit of the applicant's creditors e. A receiver is appointed in the event of the applicant's insolvency f. The applicant, or any of the applicant's officers, agents, servants or employees violates any of the provisions of this Agreement. 114. In the event notice is given as specified within these conditions regarding grading and construction of S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc O O o G G JL Resolution No. 2003 - Page 55 improvements prior to recording a Final Map for this Tentative Parcel Map, the applicant's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of this Agreement; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to the applicant as may be on the site of the Work necessary therefore. The applicant and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 115. No waiver of any provision of the Conditions of Approval regarding grading and construction of improvements prior to recording a Final Map for this Tentative Parcel Map shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 116. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. PLFASE CONTACT THE FIRE DEPARTMENT REGARDING THE FOLLOWING CONDITION (S) 117. Prior to recordation of any final maps, including Final Map waivers, the applicant shall submit two (2) copies of the map to the Fire Prevention District for approval. 118. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said Map. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Resolutions \ccreso.doc 0 00 GC 2 Resolution No. 2003 - Page 56 PLEASE CONTACT THE COUNTY OF VENTURA WATERWORKS DISTRICT REGARDING THE FOLLOWING CONDITIONS) 119. The applicant shall comply with the standard procedures for obtaining domestic water and sewer services for the applicant's projects within the District and comply with the applicable provisions of the District Rules and Regulations. PLEASE CONTACT CALTRANS REGARDING THE FOLLOWING CONDITIONS) 120. A Caltrans encroachment Permit is needed in all instances where the proposed work falls within or affects that State right -of -way such as construction, grading, changes to hydraulic run -off, etc. It is recommended that the applicant submit a permit application along with six (6) sets of plans to Caltrans Office of Permits for review. Should there be a conflict between the City requirement and the Caltrans requirement, the more stringent requirement shall apply. - End - S: \Community Development \DEV PMTS \C 2 D \2000 -04 M &M \Resolutions \ccreso.doc O 0 O GIC r? MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Paul Porter, Principal Planner DATE: February 12, 2003 (CC Meeting of 3/5/03) SUBJECT: Consider Commercial Planned Development Permit No. 2000- 04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of MAN! Development. (Assessor Parcel No(s). 514 -0- 160 -045) BACKGROUND Commercial Planned Development Permit (CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264 were originally heard by the Planning Commission on October 28, 2002, and continued to subsequent meetings due to Planning Commission concerns relative to: • Project Access and Circulation • Alcohol Sales at the Service Station • Proposed Hotel • Hours of Operation of the Service Station • Adiacent Wall Alona the Westerlv Property Line Borderina the Multi - Family Residential Development • Wall Along the Caltrans Right -of -way Located to the Side and Rear of the Property • Outside Audio Speakers for Drive - through Service CC ATTACHMENT 2 000004 Honorable City Council March 5, 2003 Page 2 On January 27, 2003, the Planning Commission adopted Resolution No. PC- 2003 -437 recommending to the City Council conditional approval of CPD No. 2000 -04 and TPM No. 5264. DISCUSSION The original CPD application included a 72,285 square foot commercial center, with a service station /convenience store, car wash, fast -food restaurant, retail /office buildings and a 56 -room hotel (the applicant has since eliminated the request for the hotel) on a 6.28 acre parcel at the southwest corner of Campus Park Drive and Collins Drive. TPM No. 5264, is a request for a four (4) parcel subdivision. The project recommended by the Planning Commission for approval was achieved through the assistance of a Planning Commission Ad Hoc Committee consisting of Commissioners Mark DiCecco and Kipp Landis. During the October 28, 2002 and January 27, 2003 Planning Commission meetings, a large number of written statement cards were submitted, the majority indicating support for the project, but many of those indicating concerns with certain aspects of the proposal. Many public speakers also participated in the hearing process. At the October 28, 2002 hearing, a slight majority of the public. speakers were opposed to the project, several of those stating support for the project cited specific concerns with certain uses and hours of operation. At the January 27, 2003 meeting, the majority of public speakers spoke in support for a commercial center, but continued to express concerns with some aspects of the proposal. A summary of the issues discussed at the Planning Commission and their recommendations on these issues are as follows: Protect Access and Circulation: The applicant is proposing three (3) driveways along Campus Park Drive, and one (1) driveway near the west bound 118 Freeway on -ramp on Collins Drive. The City Engineer reviewed the applicant's proposed driveways and suggested conditions to the project which would eliminate the most easterly proposed Campus Park Drive driveway (in the vicinity of the proposed gas station) and that the proposed Collins Drive driveway be restricted to right -in only turning movements. No additional material has been provided by the applicant which would warrant a change in the conditions as recommended by the City Engineer. The specific conditions recommended by the City Engineer included: S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030305.doc 000GC5 Honorable City Council March 5, 2003 Page 3 • Median improvements on Campus Park Drive to be aligned to direct westerly left turn movement from Campus Park Drive to the most westerly driveway, while restricting left turn movements from the site and requiring the easterly driveway (the center driveway per the applicant's proposal) to be restricted to right- turn -in and right- turn -out traffic only. • Driveway on Collins Drive shall be designed to be a right -in only and the median on Collins Drive shall be extended to prohibit left turn movements into the site. After consideration of the City Engineer's conditions, the applicant's proposal, and public testimony, the Planning Commission expressed concern that the City Engineer's recommendation made both internal and external circulation very difficult. As a result, the Commission recommended to the City Council that the applicant's proposed circulation (per the site plan) be approved. To summarize, the Planning Commission supported: • Right -in and right -out turning movements for the Collins Drive driveway, with the requirement of extending the Collins Drive median to prevent left turns into the center from Collins Drive. • Modification of the Campus Park Drive median to allow left turns for west bound Campus Park traffic into the center with the requirement that the applicant pay for the median modification and agree to replant and maintain the median landscaping. • Right -in and out only for the most easterly and westerly driveways on Campus Park Drive. Staff remains concerned that the circulation as proposed by the applicant has the potential to further deteriorate the traffic movements along Collins Drive and Campus Park Drive. This issue is further addressed in the Analysis section below. Alcohol Sales for Service Station: Concerns were expressed that the sale of alcoholic beverages at the proposed service station would increase crime in the neighborhood and attract unsavory characters to loiter in the nearby park and neighborhood. The Planning Commission indicated to those concerned regarding alcohol sales that the sale of alcohol would require approval of a Conditional Use Permit, which would be discussed through a separate public hearing process and would require notification to surrounding property owners within 1,000 feet of S: \Community Development \DEV PMTS \C P D \2000 -09 M&M \Agenda Reports \cc 030305.doc OOOGCG Honorable City Council March 5, 2003 Page 4 the subject property. A Condition of Approval has been included, which confirms this process. Proposed Hotel: A majority of the public expressed a concern with a hotel, citing it as an unacceptable land use that would increase traffic in the area to unacceptable levels. The applicant has eliminated the hotel from the application to alleviate the neighborhood concerns. The Planning Commission concurred with the applicant's proposal and included a condition in the Planning Commission Resolution requiring the submittal of a revised site plan showing the elimination of the hotel use and requiring that any proposed use on the remaining pad would require approval of a Modification to the Commercial Planned Development. Hours of Operation for Service Station: Because the applicant had indicated that the service station and mini -mart affiliated with the service station were planned for twenty -four (24) operation, several of the public speakers addressed the issue of limiting the hours of the station and the center. The Planning Commission has recommended including a Condition of Approval limiting the operation of the center to 10 p.m., but allowing, on a trial basis, 24 -hour operation for the service station for one (1) year. If at anytime, even within the first year, the hours of operation become a problem relative to the service station use, the Community Development Director would be authorized to limit the hours of operation, but in no case less than a 10 p.m. closing time. Adjacent Wall Along the Westerly Property Line Bordering the Multi - Family Residential Development: Initially, staff suggested the construction of an eight -foot (8') high wall along the west property line adjacent to the existing multi- family residences. The Planning Commission questioned the requirement for an eight -foot (8') wall when there is an existing six -foot (61) wall along the westerly property line, adjacent to the existing multi - family residences. Considering the site plan design in which the commercial buildings themselves provide a buffer for the adjacent residential units, the Planning Commission felt that a new eight -foot (81) high wall at the same location would be overkill. The existing wall was not properly engineered for the additional height and would have to be removed in order to construct an eight -foot (8') wall. The Planning Commission supported a modified condition to indicate that the existing wall, with a requirement to replace the two (2) openings in the wall with matching block, as sufficient buffering. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030305.doc OOOCYY67 Honorable City Council March 5, 2003 Page 5 Wall Along the Caltrans Right -of -way Located to the Side and Rear of the Property: Staff recommended that the applicant construct a solid masonry wall along the Caltrans right -of -way and to landscape the Caltrans slope. The Planning Commission felt that the wall could be a potential attraction for graffiti vandals and also would prevent viewing the required landscaping. Therefore, the Commission recommended that the applicant construct a decorative wrought iron fence with pilasters. A Condition of Approval has been included requiring the wrought iron fence along the Caltrans right -of -way. Outside Audio Speakers for Drive - throuqh Service: The Planning Commission had a concern that the use of outside audio speakers for order taking could be disruptive to surrounding property owners and suggested that a system similar to the McDonalds at Spring Street and New Los Angeles Avenue be implemented for the fast -food restaurant, but did not add a condition to its Resolution prohibiting the use of outside audio equipment. This issue is discussed further in the Analysis section of this report. ANALYSIS Staff's analysis of Planning Commission recommendations has identified the following two (2) issue areas for City Council consideration: Protect Access and Circulation: The Planning Commission recommended right -in and right -out only at the Collins entrance to the site in order to better facilitate circulation for the center. However, the City Engineer strongly recommends that Collins Drive be restricted to right -in only due to traffic safety concerns with south bound Collins Drive traffic accelerating onto the freeway. The City Engineer feels that people turning right out of the Collins Drive driveway would present a potential traffic hazard and a dangerous situation. Although the draft Resolution reflects the Planning Commission's recommendation to allow right -out turns at the Collins entry, staff recommends that right -in movements only be allowed, and that right -out movements from the site onto Collins Avenue be prohibited. The Planning Commission recommended that the applicant's proposed driveways along Campus Park be approved as submitted. This would allow for right -in and out of the east and west driveways and a median break for the center driveway. The median break would S: \Community Development \DEV PMTS \C P D \2000 -09 M&M \Agenda Reports \cc 030305.doc O OOGE S Honorable City Council March 5, 2003 Page 6 require reconfiguration of the Campus Park median. The Planning Commission required that the applicant pay for the cost of the reconfiguration of the median, the installation of new landscaping, as well as, the maintenance of the median. Staff feels that an additional requirement of a dedicated left turn out of the center would be appropriate. In this recommended center driveway reconfiguration, it would allow for three (3) lanes in the center driveway, i.e. right -in, right -out and left -out. Outside Audio Speakers for Drive - through Service: While the Planning Commission discussed restricting the use of outside speakers at the proposed fast -food restaurant, it did not take formal action on this issue. In order to alleviate the potential for noise intrusion to surrounding property owners, staff has included a special condition for the Commercial Planned Development, prohibiting the use of outside speakers at the commercial center. ENVIRONMENTAL 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, and is recommended to be adopted in compliance with the State of California Environmental Quality Act Guidelines (CEQA). STAFF RECObft4ENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt the proposed Negative Declaration as sufficient environmental documentation. 3. Adopt Resolution No. 2003- approving Commercial Planned Development Permit No. 2000 -04 and Tentative Parcel Map No. 5264. ATTACHMENTS: 1. Draft City Council Resolution No. 2003- S: \Community Development \DEV PMTS \C P D \2000 -04 M&M \Agenda Reports \cc 030305.doc 000CE9 Honorable City Council March 5, 2003 Page 7 2. Staff report and attachments for Planning Commission Hearing on January 27, 2003, which includes staff report from the October 28, 2002 Planning Commission meeting. 3. Planning Commission Resolution No. PC- 2003 -437. S: \Community Development \DEV PMTS \C P D \2000 -04 M &M \Agenda Reports \cc 030305.doc 00007—co ------- - - - - -- _ __ ___ v- DI ---------------- CAMPUS PARK DRIB -------- = -n2 -- ----- - - - - -- E2 •► EJ V. = 000�oo 000-o� a,000-o� ilo d d / "7: "f F21' of D / i Ov/ � I'/ i � ' O ' i Q , tt rl C11B?jBI 0 �i 4( AJ -Ar-------------- i AI H2 - - - -NI - - - - ----- - - - --- W Z H Z U H U U . . . . . . . . . . NEW CARWA91 23 -cr x so' -o• in ICA • -Tj O-A eo :7j IV -s Cut I L-JI CONCEPTUAL SITE SKETCH 0 WC oF CEA MA & C LtPUS PARK DRIVF. VOGRPARK. CA 2 E '16 V/ 0 a 19 '. 61 1v :7j I ID FT] II 0 4,3 ci tit * N CONCEPTUAL SITE SKETCH C 5 WC OF COLLINS DRIVE III C"PUS PARK DRIVE MGORPARK• CA BY PLO. iLIg L NEW CANOPY *-Q• x W-0, L 0 19 '. 61 1v :7j I ID FT] II 0 4,3 ci tit * N CONCEPTUAL SITE SKETCH C 5 WC OF COLLINS DRIVE III C"PUS PARK DRIVE MGORPARK• CA Lz-, R72; 54, i j;I Ili Project Title: Tentative Parcel Map 5264 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Case No.: PM 5264 Commercial Planned Development Permit CPD 2000 -04 Contact Person and Phone No.: Paul Porter, Principal Planner (805) 517 -6243 Name of Applicant: M&M Development Address and Phone No.: 66 Alviso Drive Camarillo, Ca 93010 Project Location: Southwest corner of Campus Park Drive and Collins Drive General Plan Designation: C -2 Zoning: CPD Project Description: Commercial Planned Development application, CPD 2000 -04, will establish the design and control of a 72,285 Commercial Retail Center and Parcel map will subdivide approximately 6.3 acres into four (4) parcels of 1.60, .76, .68 and 3.39 gross acres. Surrounding Land Uses and Setting: North: Residential South: Freeway East: Freeway off -ramp West: Residential Responsible and Trustee Agencies: Caltrans ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Si nihcant Impact or Potentially Significant Unless Mtigate d, "as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geoiogy /Soils Hazards and Hazardous Materials HydrologylWater Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utililies/Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that the proposed project could not have a significant effect on the environment, and a NEGATIVE DEC FBarry TION will be prepared. Prepared by: Paul Porter Reviewed,6y: V.. 'Hog Principal Planner ity D Director Date: September 12, 2002 I'll -42 CC ATTACHMENT 5 040+ f 5 PM 5264 CPD 2000 -04 INITIAL STUDY EXHIBIT 1: NEGATIVE DECLARATION Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the ebsting visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. Presently the site is void of vegetation. The introduction of landscaping to the site will serve to enhance the site. Any lighting for the site will be evaluated and be consistent with the City's lighting ordinance. Sources: Project description, project plans Mitigation: None B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark 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: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shows on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non-agricultural use? 2) Conflict with e>asting zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the e)isting environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. S:1CommunityDevelopment\C P D12000 -04 M&M\Environmenta(\IS Base (4).doc2 00001,4­6 PM 5264 CPD 2000 -04 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any X 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)? 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number of people? X Response: The project will produce Project will produce approximately 104.76 pounds of NOX per day or 38,237pounds per year. As a result, the applicant will be required as a standard condition of approval to pay a contribution to the City's Transportation System Management fund. Sources: Project description, project plans and Ventura County Air Quality /Assessment Guidelines of the Ventura County Air Pollution Control District November 2000. Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse efect on any riparian habitat X or other sensitive natural eomm unity identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? S:\CommunityDevelopment\C P D\2000 -04 M &M \Environmental \IS Base (4).doc3 0 0001717 5) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural CommunityConservation Plan, or other approved local, regional, or state habitat conserves Response: Potentially Significant Impact This project is in an urban location and does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. X E. CULTURAL. RESOURCES — Would the project: 1) Cause a substantial adverse change in the signifcance of X a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the signifcance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site.. Sources: Project description and project plans. Mitigation: None required SACommunityDevelopment\C P D12000 -04 M &M1EnvironmentaRIS Base (4).doc4 00001,1-8 PM 5264 CPD 2000 -04 Less Than Significant Less Than With Significant No Mitigation Impact Impact X This project is in an urban location and does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. X E. CULTURAL. RESOURCES — Would the project: 1) Cause a substantial adverse change in the signifcance of X a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the signifcance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: The project involves the grading and construction of an existing pad which has been previously cleaned and graded, leaving a remote possibility of cultural resources existing on- site.. Sources: Project description and project plans. Mitigation: None required SACommunityDevelopment\C P D12000 -04 M &M1EnvironmentaRIS Base (4).doc4 00001,1-8 PM 5264 CPD 2000 -04 Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant No Impact Impact F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the X most recent Alquist -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. ii) Strong seismic ground shaking? X iii) Seismic - related ground failure, including liquefaction? X iv) Landslides? X 2) Result in substantial soil erosion or the loss of topsoil? X 3) Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -8 X of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Response: This project will be built subject to compliance with building codes and compliance with all project conditions of approval. All plans will be subject to the review and approval of the City prior to issuance of building permits. The site is not located in an earthquake fault zone. The site is located on a liquefaction hazard zone. Geotechnical measures will be incorporated into the project design as defined in Public Resources Code 2693 © to mitigate any project impacts. Sources: Project description, soils report, project plans Alquist- Priolo Earthquake Fault Zone Map (Simi Valley West, 1999) Seismic Hazard Zone Map (Simi Valley, 1997) Mitigation: None required. SACommunityDevelopment \C P D\2000 -04 M&M \EnvironmentalllS Base (4).doc5 0000179 PM 5264 CPD 2000 -04 G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? X 4) Be located on a site which is included on a list of 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? 5) For a project located within an airport land use plan or, X 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? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where Response: This project does not affect hazards or hazardous materials. Safety measure for the gas station as prescribed by regulatory agencies will be incorporated into the project. Sources: Project description and project plans Mitigation: None required H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere S:1CommunityDevelopment\C P D%2000 -04 M&M1Environmenta111S Base (4).doc6 X X 0000'a",© substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the exsting drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or of -site? 4) Substantially alter the w0sting drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantiallyinc cease the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? 7) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other load hazard delineation map? B) Place within a 100 -year flood hazard area structures which would impede or redirect food flows? 9) Expose people or structures to a significant risk of loss, injury or death involving i) looding, including flooding as a result of the failure of a levee or dam? ii) inundation byseiche, tsunami, or mudlow? PM 5264 CPD 2000 -04 X X X X X X X X Response: All drainage plans are subject to the review and approval of the City Engineer prior to issuance of building permits. Measures to reduce flood hazards to a level of insignificance will be required prior to issuance of building permits. Sources: Project description and project plans. Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, spedfc plan, local coastal program, or 2Dning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? S:1CommunityDevelopment \C P D\2000 -04 M&M \Environmental\IS Base (4).doc7 X X PM 5264 CPD 2000 -04 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Response: The project will be constructed consistent with City Policies, Ordinances and consistent with the General Plan. Sources: City of Moorpark General Plan, Zoning Ordinance, project description and project plans. Mitigation: None required. SACommunityDevelopment \C P 012000 -04 M &M\Environmental \IS Base (4).doc8 0 0 00 2 PM 5264 CPD 2000 -04 J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a belly- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Resoonse: The project does not affect mineral resources. Sources: Project description, site plans. Mitigation: None required. K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinityabove levels existing without the project? 4) A substantial temporary or periodic increase in ambient noise levels in the project vicinityabove levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, vthin 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? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X X X X X X Resoonse: Construction noise will be present, but standard conditions of approval will reduce noise to a minimum. Standard requirements include restricting construction hours. Sources: City of Moorpark General Plan, Moorpark Municipal Code. Mitigation: None required S:1Community Development\C P D\2000 -04 MWEnvironmentaNS Base (4).doc9 000GE3 PM 5264 CPD 2000 -04 L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: This project is an infill commercial project which will serve the needs of the existing residents living in the area. And as such will not stimulate additional population and housing growth. Sources: Project description and project plans Mitigation: None required M. PUBLIC SERVICES 1) Would the project result in substantial adverse 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 perbrmance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? X X X X X Response: Any increase in service levels will be adequately addressed through standard conditions of approval and agency requirements prior to the issuance of an occupancy permit. Sources: Project description and project plans. Mitigation: None required. S: \Community Development \C P D\2000 -04 M &M \Environmental\IS Base (4).docl 0 000084 PM 5264 CPD 2000 -04 N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the Response: This commercial project does not affect parks or recreation. Sources: Project description and project plans. Mitigation: None required. O. TRANSPORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in 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 capacityratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air trafic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? 6) Result in inadequate parking capacity? 7) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X X X X X X X Response: Prior to issuance of building permits, the project will be reviewed by the City for consistency with the conditions of approval and the approved plans. The traffic study prepared for this project indicates that with traffic implementation measures applied to this project, that the traffic impacts will more than offset project generated traffic demand at the project location. The project has been conditioned to offset any project related traffic impacts. Sources: Project description, site plans, and City of Moorpark General Plan, Municipal Code. Campus Park Shopping Center Traffic Impact Study, August, 2000cprepared by Thomas S. Montgomery, P.E. Mitigation: None required. SACommunityDevelopment\C P D12000 -04 M &M1Environmenta111S Base (4).docl 1 O L O V E S P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the wastewater 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 providers exsting commitments? 6) Be served by the landfill with sufficient permitted capacity to accommodate the project's solid Neste disposal needs? 7) Comply with federal, state, and local statutes and regulations related to solid Neste? X X X X X X X PM 5264 CPD 2000 -04 Response: The commercial project will be required for consistency with applicable agency requirements and policies prior to receipt of building permits. Sources: Project description, project plans Mitigation: None required. SACommunityDevelopment \C P D\2000 -04 M&M \Environmental\IS Base (4).docl2 0 0 00 6 Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a lash 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 of prehistory? 2) Does the project have impacts that are individuallylimited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental efect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental efects which will cause substantial adverse effects on human beings, either directly or indirectly? X X PM 5264 CPD 2000 -04 X Response: This infill commercial project is consistent with the City's General Plan, Ordinance Code and other City requirements. Any potential impacts will be reduced to less than significance through the implementation of conditions of approval. Building codes and policies and /or Ordinances of the City and other affected Agencies. Sources: Project description, project plans Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. 1. Environmental Information Form application and materials submitted as part of the project description questionnaire at time of project submittal. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 SACommunity Development\C P D12000 -04 MWEnvironmentaNS Base (4).doc13 OQOGIE-1w PM 5264 CPD 2000 -04 6. Public Resources Code Section 21000 et. seq. and Calibrnia Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 8. Soils Engineering Investigation dated October 8, 1999 by SubSurface Designs, Inc. 9. Campus Park Shopping Center Traffic Impact Study dated August 9, 2000 prepared by Thomas S. Montgomery, P.E. SACommunityDevelopment \C P 0\2000 -04 MWEnvironmentalMS Base (4).docl 4 0000(E 8 NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: September 27, 2002 to October 26, 2002. Project Title /Case No.: PM 5264 and CPD 2000 -04 Project Location: Southwest corner of Campus Park Drive and Collins Drive, , Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2000 -04, will establish the design and control of a 72,285 Commercial Retail Center and subdivision of approximately 6.272 acres into four (4) parcels of 1.60, .758, .677 and 3.387 gross acres. The architectural style of this project is of a Eclectic European Village. The building elevations will have several relief features including building reveals utilizing contrasting colors, patterns, textures and finishes to add variety and interest. In addition, the roof shape and forms utilizes varying roof slopes and other architectural treatments. (Environmental Information Form Attached) Project Type: X Private Project Public Project Project Applicant: M&M Development 66 Alviso Drive Camarillo, Ca 93010 Finding: After preparing an Initial Study for the above - referenced project, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment. (Initial Study Attached) Responsible Agencies: Caltrans Trustee Agencies: None Attachments: Location Map Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity DevelopmentlC P D12000 -04 MWEnvironmentahND Base (2).doc 0 00GE 9