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HomeMy WebLinkAboutAGENDA REPORT 2003 0604 CC REG ITEM 08AI'T'EM 9. 40 T �r'.'.!0P RT'N1RX, r,%i,Tr.nRNTA A <� C'z >F�ncid'�bceting of av MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director Prepared By: Paul Porter, Principal Planner DATE: May 21, 2003 (CC Meeting of 6/4/03) SUBJECT: Consider Commercial Planned Development Permit No. 2002- 01 for Construction of Three Commercial Buildings on a 2.29 Acre Parcel Located Northeast of the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc.(Assessor Parcel No. 512 -0- 180 -09) BACKGROUND GreeneWay Development's Development Permit (CPD) No Commission on May 20, 2003. following issues: • Traffic application for Commercial Planned . 2002 -01 was considered by the Planning The Planning Commission discussed the • Proposed Courtyard Design • Architectural Details and Pedestrian Walkways On May 20, 2003, the Planning Commission adopted Resolution No. PC- 2003 -444 recommending to the City Council conditional approval of CPD No. 2002 -01. DISCUSSION The CPD application consists of three (3) single -story commercial buildings containing a total of 21,903 square feet, within an existing neighborhood retail center. The subject application is considered a commercial infill project to the existing commercial center, which contains a McDonalds restaurant, Blockbuster Video and Starbuck's Coffee store. There was no testimony from surrounding property owners at the Planning Commission hearing. S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Agenda reports \cc 030504.doc OPIO00:1 Honorable City Council June 4, 2003 Page 2 A summary of the issues discussed at the Planning Commission hearing on May 20, 2003, and Planning Commissions recommendations on the issues are as follows: Traffic Future improvements designed for Spring Road by the Public Works Department include a raised median and two (2) southbound left turn lanes onto New Los Angeles Avenue. These street improvements will preclude traffic from making left turns into or out of the project site at its Spring Road driveway. The City Engineer has indicated that even prior to construction of the median improvements, left turns onto Spring Road from this site create a safety problem due to the volume of traffic and the proximity to the Spring Road /New Los Angeles Avenue intersection. In order to address this safety issue until the Spring Road improvements are installed, a condition is proposed to require the installation of a "No Left Turn" sign at the Spring Road driveway. The Planning Commission was also concerned with the increasing difficulty of making left turns into the project site from New Los Angeles Avenue. In anticipation of increasing traffic, a condition is proposed to require an irrevocable offer of dedication for access to the residential property located immediately east of the project site. The residential property has a driveway access to New Los Angeles very close to the joint property line. If opened for reciprocal access with the shopping center, access to New Los Angeles Avenue from the expanded shopping center and access to Spring Road from the apartments would both be improved. Acceptance of a shared driveway would depend upon approval by the apartment property owner. Proposed Courtyard Design One of the Planning Commissioners indicated a desire to have Building C redesigned as a U- shaped building with a landscaped courtyard in the middle of the building and facing the rear of the property. This proposed redesign was discussed at the Planning Commission hearing. The consensus of the Planning Commission was that although the landscaped courtyard has merit, for this project it would cause the pad area to be much larger and create potential internal circulation conflicts. The applicant indicated that in order to gain the necessary square footage with a redesign, the building would need to be two stories in height, which he felt could be difficult to lease. The applicant also noted that the proposed focal point for this development is between Building A and S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Agenda reports \cc 030504.doc 0Of-)02 Honorable City Council June 4, 2003 Page 3 B with a centrally- located courtyard, grapevine trellis and fountain, creating a pedestrian friendly space. Architectural Details and Pedestrian Walkways The applicant's architect designed this infill project with the intent of being compatible with the existing commercial development. The building design integrates architectural components of the existing adjacent commercial buildings while providing a separate distinction with the use of additional architectural elements and color. The Planning Commission indicated a desire to provide pedestrian links between the existing and proposed buildings within the commercial center and requested additional architectural features on the building facades to provide more architectural detailing. The Planning Commission requested Commissioner DiCecco to meet with staff and the applicant's representatives to discuss additional minor refinements to the building elevations and to work with the staff and the applicant on locations for pedestrian links. On May 21, 2003, staff met with Commissioner DiCecco and the applicant and the applicant's representatives to discuss the plan refinements. The applicant's refinements, which are reflected in the attached exhibits provide pedestrian links and additional architectural details discussed at the May 20, 2003 meeting. In addition to the above items, the Public Works Director has informed staff of a desired modification to the existing driveway on New Los Angeles Avenue. In order to alleviate traffic issues at that driveway, the Public Works Director has requested that the existing apron -type driveway be reconstructed as an alley -type entrance. This improvement would include sidewalk removal and replacement in accordance with Title 24 California Administrative Code and Americans with Disabilities Act requirements. A Special Condition of Approval has been added to the draft resolution to require modification to the existing driveway. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: S: \Community Development \DEV PMTS \C P D \2002 \01 Greeneway \Agenda reports \cc 030504.doc 0001003 Honorable City Council June 4, 2003 Page 4 Date Application Deemed Complete: March 7, 2003 Planning Commission Action Deadline: Not Applicable Adoption of Negative Declaration: September 3, 2003 City Council Action Deadline: November 2, 2003 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. Pursuant to California State law, an evaluation has been conducted to determine if the proposed project could significantly affect the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment. Therefore, a Negative Declaration is intended to be adopted in compliance with the State of California Environmental Quality Act. STAFF RECOMN1ENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt the proposed Negative Declaration as sufficient environmental documentation. S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Agenda reports \cc 030504.doc 0000 04 Honorable City Council June 4, 2003 Page 5 3. Adopt Resolution No. 2003- approving Commercial Planned Development Permit No. 2002 -01. ATTACHMENTS: 1. Draft City Council Resolution No. 2003- 2. Staff report and attachments for Planning Commission Hearing on May 20, 2003 (Draft PC Resolution and Environmental document not included). 3. Planning Commission Resolution No. PC- 2003 -444 (Exhibit A, Conditions of Approval not included). 4. Environmental Document 5. Project Exhibits A. Site Plan B. Conceptual Landscape Plan C. Building A Elevations D. Building B Elevations E. Building C Elevations S: \Community Development \DEV PMTS \C P D \2002 \01 Greeneway \Agenda reports \cc 030504.doc RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) NO. 2002 -01, ON A 2.29 ACRE PARCEL, LOCATED NORTHEAST OF THE NORTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD ON THE APPLICATION OF GREENEWAY DEVELOPMENT, INC. (ASSESSOR PARCEL NO. 512- 0 -180- 09) WHEREAS, at a duly noticed public hearing on May 20, 2003, the Planning Commission adopted Resolution No. 2003 -444, recommending to the City Council approval of Commercial Planned Development (CPD) Permit No. 2002 -01 for a 21,786 square foot commercial- retail — restaurant - service development project on approximately 2.29 gross acres, located northeast of the northeast corner of New Los Angeles Avenue and Spring Road on the application of GreeneWay Development, Inc., and WHEREAS, at its meeting of June 4, 2003, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony and 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 proposed Negative Declaration prepared pursuant to the California Environmental Quality Act on behalf of Commercial Planned Development Permit No. 2002 -01 together with any comments received during the public review process. B. Based on the whole record before the City Council, including the Initial Study and any comments received, there is no substantial evidence that the project will have a significant effect on the environment and the Negative Declaration reflects the independent judgment of the City Council of the City of Moorpark; therefore the Negative Declaration is adopted as prepared. SECTION 2. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s) and S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Resolutions \cc 030604.doc CC ATTACHMENT 1 Resolution No. 2003 - Page 2 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, as the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. B. The proposed use is compatible with the character of the surrounding development since architectural elements of the existing buildings, as well as, colors and materials of the existing buildings have been integrated into the proposed project. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed building colors and architecture is designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent residential property. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare as it has been conditioned to comply with all applicable local, state and federal governmental regulations. 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, in that the design of the project combines the architecture, building materials and textures, landscaping and building colors of the existing adjacent buildings. SECTION 3. CITY COUNCIL APPROVAL: The City Council approves Commercial Planned Development Permit No. 2002 -01, 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. U11".11 () C07 Resolution No. 2003 - Page 3 SECTION 4. 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. PASSED, AND ADOPTED this 4th day of June, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A - Special and Standard Conditions of Approval 0 -0008 Resolution No. 2003 - Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL SPECIAL CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2002 -01 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 1. There shall be no vehicular or pedestrian access to building lease areas from the north elevation of Building 1 and 2, except to meet required exiting provisions of the Uniform Building Code. 2. The landscape plan shall incorporate extensive tree and other landscaping including specimen size trees subject to the review and approval of the Community Development Director. 3. Earthen berms, hedges and /or low walls shall be provided where needed, to the satisfaction of the Community Development Director, to screen public views of parked vehicles from adjacent streets. 4. The Applicant shall enhance the on -site landscaping to compensate for the loss of the three (3) pepper trees. The total cost of the enhancement shall be determined by the Community Development Director in compliance with Chapter 12.12. of the Moorpark Municipal Code. 5. Prior to issuance of a grading permit, the Applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing legal access to the adjacent property to the east, effective upon the adjacent property owner granting reciprocity. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the property owner to the east of this property, as an easement appurtenant for access, ingress and egress purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required appurtenant documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer and the City Attorney. 010 0009 Resolution No. 2003 - Page 5 6. On -site sale of alcoholic beverages without prior approval of a City Council approved Conditional Use Permit is prohibited. Public notification will require notification to surrounding property owners within 1,000 feet of the subject property. 7. The hours of operation shall start no sooner than 6 a.m. and conclude no later than midnight. 8. The Applicant shall dedicate and improve the applicant's street frontage on Spring Road in accordance with the City's street widening plan for that location. 9. Prior the issuance of a Zoning Clearance for each tenant the Applicant shall provide the Community Development Director with a written acknowledgement that the lessee is aware of the possibility of a street name change for New Los Angeles Avenue in the future and waives all rights to oppose such a name change. 10. Prior to or concurrently with the issuance of a grading permit the Applicant shall provide the City with an agreement that will assure the City that the easement required as part of Condition No. 5 above shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer and City Attorney for review and approval. The agreement shall be a durable agreement, binding upon any future property owner or each lot of the development. The agreement shall include provisions for the owners to maintain any private storm drain or National Pollutant Discharge Elimination System (NPDES). 11. Prior to the issuance of a Zoning Clearance for occupancy of the first building the Applicant shall install a "No Left Turn" sign at the Spring Road curb -cut to the satisfaction of the City Engineer. 12. Prior to the issuance of a building permit the Applicant shall revise the site plan to provide a loading area on the west side of Building C, consistent with the requirements of the Zoning Ordinance. 13. Prior to the issuance of a building shall pay the balance due the City improvements previously installed. 14. The existing wall along the northerly be increased in height to eight feet grade on the residential side, to the Community Development Director. permit the Applicant for the storm drain property line shall (8') above finished satisfaction of the 0 nl0 Resolution No. 2003 - Page 6 15. Modifications to the architectural features and internal pedestrian circulation shall be completed to the satisfaction of the Community Development Director. 16. The applicant shall remove the existing apron -type driveway that serves the project site from Los Angeles Avenue and shall replace it with an alley -type entrance. Improvements shall include sidewalk removal and replacement in accordance with Title 24 California Administrative Code and the Americans with Disabilities Act and shall be designed and constructed to the satisfaction of the City Engineer. These improvements shall be designed and bonded for prior to issuance of any building permit for this project. Construction of these improvements shall be completed prior to any certificate of occupancy for this project. STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT (CPD) NO. 2002 -01 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 No. 2002 -01 are approved, is determined to be abandoned, the City of Moorpark may, at its 000011L Resolution No. 2003 - Page 7 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 (CITY COUNCIL APPROVAL DATE PLUS TWO YEARS). 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 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 0 0,0E 1060 Resolution No. 2003 - Page 8 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. 10. 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. 11. 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. 12. 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. 13. No repair operations or maintenance of trucks or any other vehicle shall occur on site. 000613 Resolution No. 2003 - Page 9 14. 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. 15. The Applicant agrees not to protest the formation of an underground Utility Assessment District. 16. 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. 17. No noxious odors shall be generated from any use on the subject site. 18. 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. 19. 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. 20. 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). 21. 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 of the latest adopted Resolution Establishing Schedule of Land Development Preliminary Processing Fee Deposits and shall be required to pay all outstanding condition ®00G14 Resolution No. 2003 - Page 10 compliance costs prior to issuance of a Zoning Clearance for building permit. 22. 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. 23. 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. 24. 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. 25. 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 the California Vehicle Code. 26. 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 27. Prior to issuance of a building permit for construction, a Zoning Clearance shall be obtained from the Community Development Department. 28. 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. 29. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the 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 003025 Resolution No. 2003 - Page 11 use (s) is /are compatible with the zoning and terms and conditions of the Commercial Planned Development Permit. 30. 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. 31. A utility room with common access to house all meters and the roof access ladder shall be provided, unless otherwise waived by the Community Development Director. No exterior access ladder of any kind shall be permitted. 32. 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. 33. Prior to issuance of a building permit, the Applicant 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. The Applicant shall create a public art project on or off -site in lieu of paying the Art in Public Places contribution subject to approval of the City Council. The Moorpark's Art in Public Places contribution is $0.10 per each square foot of building area. The art work must have a value corresponding to or greater than the fee. C. A Moorpark Traffic Systems Management (TSM) Fee, the Applicant shall pay the City the required TSM Fee of $72,758.40 ($3.34 per square foot of gross building 0 () 0016 Resolution No. 2003 - Page 12 area), or that in effect at the time of building permit issuance. d. A Citywide Traffic Mitigation Fee, in the amount of $43,693.20 ($19,080 per acre) to fund public street and traffic improvements directly or indirectly affected by the development. Commencing January 1, 2004, 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. 34. 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. 35. 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 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. Resolution No. 2003 - Page 13 36. 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. 37. Skylights are prohibited unless approved through the planned development permit process or as a Modification to the Commercial Planned Development Permit. 38. 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. 39. Property line walls shall be located no further than one inch (1 ") from the property line. 40. Exterior downspouts shall not be permitted. 41. 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. 42. 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. 43. 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. 44. 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 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 00 -Ocis Resolution No. 2003 - Page 14 sources are mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 45. 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 Zoning Clearance shall be required for any restriping of the parking area. 46. 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 meet the requirements of the National Pollutant Discharge Elimination System (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. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. b. The building manager or designee will conduct a routine 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. Resolution No. 2003 - Page 15 LANDSCAPING AND IRRIGATION 47. 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. 48. Prior to issuance of a building permit, three (3) 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. 49. All manufactured slopes over three feet (3') in height shall be planted for erosion control, to minimize or prevent aesthetic impacts to adjacent property owners, and to mitigate the visual impacts. 50. 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. 51. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths, as well as transformer boxes and other utilities within the project limits and street rights -of -way. 52. Plant species utilized for landscaping shall predominantly consist of drought tolerant, low water using species. 00020 Resolution No. 2003 - Page 16 53. 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. 54. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by 6 -inch high concrete curbs. 55. Landscaping shall be designed not to obscure the view of any exterior door or window from the street. 56. Trees shall not be placed directly under any overhead lighting, which could cause a loss of light at ground level. 57. 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. 58. 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 (50o) maturity. 59. 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. 60. 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. 61. All perimeter and /or garden walls shall be constructed prior to installation of any sidewalks or concrete slabs. 62. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatments) shall be submitted with the final construction plans. 00OC21 Resolution No. 2003 - Page 17 63. 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. 64. Any conflicts between light standard locations and tree locations in the parking lot shall be resolved to the satisfaction of the Community Development Director. 65. Landscaped planters, decorative landscape pots and other hardscape enhancements shall be installed in front and at 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. 66. The Applicant shall be responsible for executing an agreement with Caltrans for installation and maintenance of any required landscaping and irrigation within the Caltrans right -of -way along New Los Angeles Avenue. 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 or other maintenance mechanism acceptable to the City Attorney and the Public Works Director shall be formed in order to provide a funding source for City costs for the maintenance of the Parkway and median landscaping, in the event the City opts to assume those responsibilities. In order to effect the formation the District, the Applicant shall: a. Thirty (30) days prior to the recordation of any Map or the issuance of any Zoning Clearance for the 0 0122 Resolution No. 2003 - Page 18 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 Zoning Clearance, submit to the City: i. 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]. ii. The final draft plans for the irrigation and landscaping for the Parkway Landscaping, along with any required plan checking fees; and iii. 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. 70. 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 is prohibited and will be considered a violation of the project approval, and subject to code enforcement. 71. 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 009023 Resolution No. 2003 - Page 19 be designed to minimize degradation of storm water quality. Best Management Practices (BMPs) 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 ENGINEERING DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) GENERAL: 72. The project shall control and manage storm runoff to prevent any potential impacts downstream which might arise from the effect of the development. 73. 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. 74. 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. 75. 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. 76. 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 0 0024 Resolution No. 2003 - Page 20 immediately. Work shall not proceed until clearance has been issued by all of these agencies. 77. 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. GRADING: 78. The Applicant shall submit grading, paving, drainage 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. 79. Requests for grading permits shall be granted in accordance with the approved CPD, as required by these conditions and all local ordinances. a. If importation or exportation of soil is required as part of the grading plan the Applicant shall obtain a Haul Route permit from the City Engineer before any importation or exportation occurs. 80. All development areas 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. 81. ROC, NOx and dust during construction grading shall be suppressed by the following activities: a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. 0 CC =5 Resolution No. 2003 - Page 21 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. 82. 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 1st 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 lst of each year from the start of grading or clearing operations to the time of grading bond release. 83. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading OCOC26 Resolution No. 2003 - Page 22 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 (400) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 84. 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. 000027 Resolution No. 2003 - Page 23 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. 85. 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. 86. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 87. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project 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. 0 00128 Resolution No. 2003 - Page 24 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. 88. 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. 89. 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 design shall include measures for irrigation and hydro seeding on all graded areas, slopes and pad areas. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 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. 000x)29 Resolution No. 2003 - Page 25 90. 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 groundcover 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, 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. 91. The following measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project- related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 7 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre - approval by the City Engineer and payment of a premium for City inspection services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work shall be done on Sundays and City 0190030 Resolution No. 2003 - Page 26 observed holidays pursuant to Section 15.26.010 of the 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. 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. 92. The Applicant shall submit to the City of Moorpark for review and approval, a grading plan, consistent with the CPD conceptual plan, 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. 93. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 94. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. The maximum gradient for any slope shall not exceed a 2:1 slope. Pads shall be graded, planted and landscaped to the satisfaction of the Community Development Director and City Engineer. 95. A final grading certification shall be submitted to and approved by the City Engineer prior to Zoning Clearance for Occupancy. 96. All permanently graded slopes and flat areas shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative Resolution No. 2003 - Page 27 measures to the satisfaction of the Community Development Director and the City Engineer 97. Backfill of any pipe or conduit shall be in four inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. 98. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two feet (2') of lift and 100 lineal feet of trench excavation. GEOTECHNICAL /GEOLOGY: 99. The Applicant shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Applicant shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s) by the City's Geotechnical Engineer shall be required. The Applicant shall reimburse the City for all costs including the City's administrative fee for this review. 100. 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). 101. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer prior to Zoning Clearance for Building permits. 102. A final grading certification shall be submitted to and approved by the City Engineer prior to Zoning Clearance for Occupancy. 000,032 Resolution No. 2003 - Page 28 STREET REQUIREMENTS: 103. 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 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. The Applicant shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 104. 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. 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. 105. 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 required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 106. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicle and pedestrian traffic along all streets. 107. As a condition of the issuance of a building permit for each commercial use, the Applicant shall be required to pay 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, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. DRAINAGE: 108. The Applicant shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and 000033 Resolution No. 2003 - Page 29 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. 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. 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. d. Drainage grates shall not be used in any public right - of -way, private right -of -way or in any location accessible to pedestrians. e. All flows that have gone through flow attenuation and clarification by use of acceptable BMP systems and are O(JOC34 Resolution No. 2003 - Page 30 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 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. Applicant shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. f. Applicant shall demonstrate that developed storm water runoff shall not exceed pre- developed runoff. 109. 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. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level C. Feasible access during a 50 -year frequency storm. d. Hydrology and Hydraulic reports shall be per current Ventura County Flood Control Standards incorporating their Master Drainage Hydrology Report. 110. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices 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. 111. The Applicant shall provide for all necessary on -site and off -site storm drain facilities required by the City to OOOG35 Resolution No. 2003 - Page 31 accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 112. 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. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): 113. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002 as well as the development of the SWPCP AND SWPPP. 114. 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. 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. 115. Improvement plans shall note that the contractor shall comply to the "California Storm Water Best Management Practice Handbooks." 116. 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). "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances." The Applicant shall comply with all requirements of this General Permit including preparation 00003G Resolution No. 2003 - Page 32 of a Storm Water Pollution Prevention Plan (SWPPP). In addition, the Applicant shall obtain a permit from the State Water Resources Control Board for The Applicant shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 117. The Applicant shall also comply with NPDES objectives as outlined in the "Storm Water Pollution Control Guidelines for Construction Sites." 118. Prior to Building Permit approval, 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. All permanent NPDES Best Management Practice facilities shall be operational prior to Zoning Clearance for Occupancy. 119. 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 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 0(NDG3 7 Resolution No. 2003 - Page 33 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: 120. Utilities, facilities and services for CPD No. 2002 -01 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. 121. All existing, relocated and new utilities shall be placed underground. 122. The Applicant shall obtain approval from the Planning and Engineering Divisions for all structures and walls in excess of six feet (6') in height prior to Zoning Clearance for Grading. 123. 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. 124. The Applicant shall file for a time extension with the City Engineer's office at least six (6) weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 125. 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 (3) years after Zoning Clearance approval or issuance of the first building 0 09u38 Resolution No. 2003 - Page 34 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. 126. 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, 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. 127. 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. 128. Prior to Zoning Clearance and /or Occupancy, the Department of Community Development and the City Engineer shall ensure that the conditions have been satisfied. 129. 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 1st (the rainy season) and once in January. The City Engineer may require additional cleaning. C. Parking lots and drives 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 000 039 Resolution No. 2003 - Page 35 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 surface filtration and minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. 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. 130. 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. 131. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then 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 CPD No. 2002 -01 said accepted construction practices, and approved Conditions of CPD No. 2002 -01. SURETY BONDS: 132. Prior to commencement of any phase of work under this Agreement, the Applicant shall furnish to City valid and sufficient bonds, executed by a corporation authorized to 000 Gi0 Resolution No. 2003 - Page 36 transact business in the State of California on forms approved by City and with 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 materials, men 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. 133. 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 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 Applicant. 134. Applicant shall complete the Improvements no later than two (2) 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. 135. 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. 136. 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. Applicant agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City ®0641 Resolution No. 2003 - Page 37 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. 137. At all times during the construction of Improvements, 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. 138. The Applicant shall guarantee against defective plans, labor and materials for a period of one (1) year following City acceptance of the Improvements as complete. In the event any of the Improvements are determined to be defective within the time provided herein, 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 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. 139. 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 noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Applicant shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 140. In the event that the Applicant fails to perform any obligations hereunder, 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. 0()0042 Resolution No. 2003 - Page 38 141. City may serve written notice upon Applicant and Applicant's surety of any breach of any portion of these conditions of approval regarding grading and construction of improvements prior and the default of Applicant if any of the following occur: a. 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. Applicant fails to complete said work within the required time. C. Applicant is adjudged a bankrupt. d. Applicant makes a general assignment for the benefit of Applicant's creditors. e. A receiver is appointed in the event of Applicant's insolvency. f. Applicant, or any of applicant's officers, agents, servants or employees violates any of the provisions of this Agreement. 142. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to obtaining a Building Permit, 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 Applicant as may be on the site of the Work necessary therefore. 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 0000043 Resolution No. 2003 - Page 39 herein shall not be construed as being in lieu of any other such rights. 143. 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. PLEASE CONTACT THE VENTURA COUNTY FIRE DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 144. All driveways shall have a minimum vertical clearance of 13 feet 6 inches (13' -6 "). 145. An on -site access road width of twenty -five feet (25') and off - street parking shall be provided. 146. Prior to combustible construction, an all weather access road /driveway suitable for use by a twenty (20) ton Fire District vehicle shall be installed. 147. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire Department access roads /driveways exceed one hundred fifty feet. Turnaround areas shall not exceed a two and one -half percent (2.50) cross slope in any direction and shall be located within one hundred fifty feet on the end of the access road /driveway. 148. The access /driveway shall be extended to within one hundred fifty feet 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. 149. Prior to construction, the Applicant shall submit two (2) site plans to the Fire District for the review and approval of the location of fire lanes. The fire lanes shall be posted "NO PARKING FIRE LANE" in accordance with California Vehicle Code, Section 22500.1 and the Uniform Fire Code prior to occupancy. 150. Approved walkways shall be provided from all building openings to the public way or fire department access road /driveway. 151. 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 U .90G44 Resolution No. 2003 - Page 40 structures are set back more than one hundred fifty feet) 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. 152. A plan shall be submitted to the Fire District for review indicating the method by which this center will be identified by address numbers. 153. 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 of the development. Indicate the type of hydrant, number and size of outlets. 154. 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. 155. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Water Works Manual. a. Each hydrant shall be a 6 -inch wet barrel design and shall have one (1) 4 -inch and two (2) two and one -half inch (2.5 ") 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 on center and so located that no structure will be farther than one hundred fifty feet from any one (1) hydrant. 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 feet (3') 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 "). 0 G0145 Resolution No. 2003 - Page 41 156. The minimum fire flow required shall be determined as specified by the current adopted edition of the Uniform Fire Code Appendix III -A and adopted Amendments Given the present plans and information, the required fire flow is approximately 2,500 gallons per minute at 20 psi for a minimum two hour duration. Prior to 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. 157. 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. 158. Structures greater than 5,000 square feet and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current VCFPD Ordinance. 159. 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 or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 160. 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. 161. Building plans of all A, E, I, H, R -1 or R -2 occupancies shall be submitted, with plan check, to the Fire District for review and approval prior to obtaining a building permit. 162. 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. 163. 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. 00,0046 Resolution No. 2003 - Page 42 164. 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. 165. 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. 166. The access road shall be of sufficient width to allow for a 40 foot outside turning radius at all turns in the road. 167. Prior to combustible construction on any parcel, a fire hydrant capable of providing the required fire flow and duration shall be installed and in service along the access road /driveway at a location approved by the Fire District, but no further than 250 feet from the building site. The owner of the combustible construction is responsible for the cost of the installation. 168. All grass or brush exposing any structures(s) to fire hazards shall be cleared for a distance of 100 feet prior to construction of any structure and shall be maintained in accordance with VCFPD Ordinance. PLEASE CONTACT THE VENTURA COUNTY WATERWORKS DISTRICT NO. 1 FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 169. 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 Applicant's projects within the District. The Applicant shall provide the District with three sets of site plan showing the location and sizes of proposed (if applicable) domestic water service line, irrigation service line, fire service line, sewer service line, meters, backflow prevention devices, fire hydrants, wastewater sampling wells, and existing water and sewer mains. Also provide the District one set of plumbing plans inside the facility, including estimated domestic and irrigation water demands in gpm, and equivalent sewer fixture units. The District shall determine and collect applicable fees (ie. Sewer connection fee, capital improvement charge, construction permit, meter charges, inspection fee, trust deposit, etc.) upon receipt of the above mentioned information. 00,9047 Resolution No. 2003 - Page 43 PLEASE CONTACT THE VENTURA COUNTY FLOOD CONTROL DISTRICT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION(S) 170. The project shall 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 CONDITION(S) 171. 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. 172. 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) 173. 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 DIVISION FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS) 174. No asbestos pipe or construction materials shall be used. 175. 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 - 000,048 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Paul Porter, Principal Planne DATE: April 24, 2003 (PC Meeting of May 20, 2003) SUBJECT: Consider Commercial Planned Development Permit No. 2002- 01, for Construction of Three Commercial Buildings on an Existing 2.29 Acre Parcel Located Northeast of the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. (Assessor Parcel Number 512 -0- 180 -09) BACKGROUND On November 12, 2002, an application for Commercial Planned Development Permit No. 2002 -10 was submitted for three (3) single - story, commercial buildings containing a total of 21,903 square feet within an existing neighborhood retail center, located northeast of the northeast corner of New Los Angeles Avenue and Spring Road. The project was determined complete for purposes of processing on February 3, 2003. DISCUSSION Project Setting Existinq Site Conditions: The existing commercial center consists of an approximate four (4) acre rectangular- shaped site, located at the northeast corner of New Los Angeles Avenue and Spring Road. The subject application is considered a commercial infill project to the existing commercial center, which contains a McDonalds restaurant, Blockbuster Video and Starbuck's Coffee store. This previously rough graded, undeveloped property consists of relatively flat ground, at an elevation of approximately 525 feet above mean sea level. Existing vegetation on the site consists of grasses, weeds, and one (1) mature tree. Site access currently exists from a curb -cut on New CC ATTACHMENT 2 S: \Community Development \DEV PMTS \C P D \2002 \01 GreeneWay \Agenda reports \pc 030520.doc 0 0 0 (A 9 Honorable Planning Commission May 20, 2003 Page 2 Los Angeles Avenue and a curb -cut on Spring Road. Previous projects have been informed that left turn access from New Los Angeles Avenue and Spring Road may be denied. General Plan and Zoning Direction Zoning General Plan Land Use Site CPD C -2 Undeveloped Pad North RPD -15du VH Residential South SRC OS -2 Commercial East RPD -15du VH Residential West R -1 M Residential General Plan and Zoninq Consistency: The Zoning Ordinance requires that a commercial development obtain a City Council approved Commercial Planned Development Permit. The applicant's proposal for three (3) commercial buildings is allowed in the CPD (Commercial Planned Development) Zoning Classification. This type of facility is required to be compatible with surrounding land uses and must comply with the provisions contained in the 9 City's Municipal Code related, but not limited to height restrictions, building setbacks, parking and landscaping requirements. Proposed Project Architecture: This commercial project is designed as a mixed -use (office and retail) infill project between McDonalds, Starbucks and Blockbuster Video. Staff had several meetings with the applicant and his architect to establishing a compatible design in keeping with the existing commercial development on each side of this infill project. The design focuses on a centrally located courtyard with a grapevine trellis and fountain creating a pedestrian friendly space and providing a focal point. The building design integrates architectural components of the existing adjacent commercial buildings while providing a separate distinction with the use of additional architectural elements and color. Setbacks: The minimum required building setback from New Los Angeles Avenue and Spring Road is thirty feet (30'). An approximate ninety -six 000050 Honorable Planning Commission May 20, 2003 Page 3 foot (96') building setback from New Los Angeles Avenue to Building 3 and a fifty foot (50') building setback from Building 1 from Spring Road are proposed, exceeding minimum Code requirements. The required minimum interior setback for a building in the CPD Zone adjacent to residential property is five feet (5'). A six foot (61) rear yard setback for Building 1 is proposed. Building Height: The maximum building height allowed in the CPD Zone is thirty -five feet (35'). Consistent with the allowable height limit in the CPD Zone, the maximum building height to the top of the parapet is twenty -three feet (231). Circulation: Access to this project is provided from both New Los Angeles Avenue and Spring Road via the existing driveways that currently serve the project site, as well as, the existing adjacent buildings. The Spring Road Driveway is located approximately 220 feet north of New Los Angeles Avenue and currently permits left -turn and right - turn ingress and egress movements. The New Los Angeles Avenue driveway is located approximately 320 feet east of Spring Road and permits left -turn and right -turn ingress movements, but the egress movements are limited to right -turns only. The City Engineer has added a condition that requires the Developer to install a "No Left Turn" sign at the Spring Road curb -cut to prevent vehicles exiting the site from making southbound movements onto Spring Road. The City Engineer has also added a condition requiring an irrevocable offer of dedication for access to the residential property located contiguous and east of this project. These issues are further discussed in the analysis section of this report. Traffic and Street Improvements: A Traffic Impact Study, prepared by Linscott Law and Greenspan, dated October 7, 2002, has been prepared for this project. The report indicates that the proposed project is expected to generate 89 vehicular trips (56 inbound and 33 outbound) during the AM peak hour. During the PM peak hour, the proposed project is expected to generate 191 vehicle trips (91 inbound and 100 outbound). Over a 24 -hour period, the proposed project is forecasted to generate 2,138 daily trips during a typical weekday (1,069 inbound and 1,069 outbound trips). Additional right -of -way and road improvements to Spring Road would be required for the widening of Spring Road to accommodate the two (2) southbound left turn lanes. The developer is also required to 000051 Honorable Planning Commission May 20, 2003 Page 4 submit wall and landscaping plans that indicate provisions for, and maintenance of, proper sight distances. Parking: The Zoning Ordinance requires one (1) parking space per 300 square feet of gross floor area for general retail and one (1) parking space for every 100 square feet of restaurant use. The project is providing 110 parking spaces, eight (8) over the 102 spaces required. It should be noted that since parking for restaurant uses require a higher level of parking, there would be a limit as to the number of restaurant uses that this site could accommodate and meet code requirements. Loading Area: The Zoning Ordinance requires one (1) loading space if the building floor area exceeds 3,000 square feet, unless it can be adequately demonstrated that a loading zone is not necessary. Typically, specific loading zones have not been required in other small centers. This arrangement has been satisfactory for the existing uses at this center. While much of the loading will be done from smaller trucks, there is an area to the west of the freestanding building that could be stripped and used for loading. Landscaping: The Zoning Ordinance requires all commercial developments adjacent to streets with four (4) or more lanes to provide a minimum of ten feet (10') of landscaping within the property, adjacent to the street. Consistent with this requirement, this project proposes approximately twenty -two feet (221) of on -site landscaping along New Los Angeles Avenue consisting of perennial color, a turf berm, shrub bed to match the existing shrub bed on the east side of the entrance and existing Holly Oaks. An approximately forty -five foot (451) wide bio- filtration turf area will be provided adjacent to Spring Road to satisfy National Pollutant Discharge Elimination System (NPDES) requirements and at the same time provide landscaping adjacent to the street. Perennial color will also be provided. Any impacted shrub beds located on the south side of the entry will be replanted per the existing planting scheme. Proposed landscaping on -site will consist of 13,135 square feet or 15% of the site area, of which 12,850 square feet will be within the parking area, exceeding the Zoning Ordinance requirement of ten percent (10 %) minimum landscape coverage. On -site landscaping will consist of trees, shrubs, vines, groundcover, turf, and annual color. 000052 Honorable Planning Commission May 20, 2003 Page 5 Tree Removal: On October 1, 2002, a Tree Removal Permit was obtained from the City for removal of three (3) mature trees from this site. While the Removal Permit was validly obtained, it was in anticipation of this Commercial Planned Development Permit. This issue is further discussed in the analysis section of this report. Site Improvements and National Pollutant Discharge Elimination System (NPDES) Requirements: The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollutant Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices (BMPs) Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 12,780 pounds of NOX, which is in excess of allowable 9,125 pound threshold, providing a conclusion that there will be an impact on regional air quality. For this project, staff has incorporated a standard condition requiring a contribution to the Moorpark Traffic Systems Management Fund to off -set air pollutants, consistent with the 2000 Ventura County Air Quality Assessment Guidelines. Analysis Staff analysis of the proposed project has identified the following issues to be considered by the Planning Commission: • Removal of Mature Trees • Possible future name change to New Los Angeles Avenue • Hours of operation • "No Left Turn" Sign at Spring Road Curb -Cut • Irrevocable Offer of Dedication for Access to Residential Property Located at Easterly Property Line Removal of Mature Trees: Prior to submitting an entitlement application for the project, the applicant obtained a Tree Removal Permit from the City in accordance with Section 12.12.070 of the Municipal Code. While the permit was validly issued, the normal process would have been to have the permit requested as part of the Commercial Planned 000053 Honorable Planning Commission May 20, 2003 Page 6 Development Permit. Typically, when a Tree Removal Permit is requested as part of a Development Permit, the applicant obtains an appraisal of the trees to be removed, then as part of the Special Conditions of Approval, the applicant is required to provide enhanced landscaping such as upgrading trees, or other additional landscaping treatments to compensate for the valuation of the removed trees. A Tree Appraisal Report is required by Section 12.12.070 of the Municipal Code for the removal of the three (3) Pepper Trees. The applicant will be required to apply the established value of the removed trees to upgrade the size of the tree plantings associated with the project. Staff has included a condition in the resolution requiring that landscaping be upgraded to compensate for the cost of the removed trees. Possible future name change to New Los Angeles Avenue: The City Council authorized the Public Works Director to investigate possible street name changes for New Los Angeles Avenue at this location and for Los Angeles Avenue at other locations within the City. It is possible that the street name may be changed in the future. Staff has added a condition of approval requiring that the applicant provide the City with an acknowledgement signed by each lessee indicating that they are aware of a possible street name change in the future and agree to waive their rights to oppose such change. a' Hours of operation: This center will be located on the busiest street in Moorpark. While it is adjacent to multiple- family units on the north, the design of the project is such that there will be no openings along the north building elevations except for required fire exits. Additionally, the closest dwelling units would be at least sixty to seventy feet (60 -70`) from the back wall of the proposed buildings. Therefore, staff has added a Condition of Approval allowing hours of operation from 6 a.m. to midnight. "No Left Turn" Sign at Spring Road Curb -cut: Future build -out along Spring Road includes a raised median and two (2) left hand turn lanes for traffic on Spring Road making easterly turns onto New Los Angeles Avenue. These street improvements will preclude traffic from making left hand turning movements onto Spring Road from the site. The City Engineer is also concerned that even prior to the median improvements being constructed, left hand turning movements onto Spring Road create a safety problem due to the volume of traffic and the proximity to the Spring Road /New Los Angeles Avenue intersection. To address this safety issue, the City Engineer is requiring the installation of a "No Left Hand U () OG54 Honorable Planning Commission May 20, 2003 Page 7 Turn" sign at the Spring Road curb -cut. In the near future, the City has plans to widen Spring Road at this location and install a raised median. Irrevocable Offer of Dedication for Access to Residential Property Located at Easterly Property Line: With the restriction of left turns from the site on Spring Road, it will become more difficult for automobiles exiting this commercial site to travel easterly on Los Angeles Avenue. Therefore, in anticipation of left turn restriction, the City Engineer is requiring an irrevocable offer of dedication for access to the residential property located to the east of the project. The residential property has a driveway access to New Los Angeles, very close to the joint property line, which would be an appropriate location for a future median break for left turn access. Findings Commercial Planned Development Permit Findings: Based upon the information set forth in the staff report(s) and accompanying studies, staff's opinion is that this proposed project, as conditioned, 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, as the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. B. The proposed use is compatible with the character of the surrounding development since architectural elements of the existing buildings, as well as, colors and materials of the existing buildings have been integrated into the proposed project. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed building colors and architecture is designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent residential property. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare as it has been conditioned to comply with all applicable local, state and federal governmental regulations. 0' () (),55 Honorable Planning Commission May 20, 2003 Page 8 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, in that the design of the project combines the architecture, building materials and textures, landscaping and building colors of the existing adjacent buildings. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. Pursuant to California State law, an evaluation has been conducted to determine if the proposed project could significantly affect the environment, and based upon an Initial Study and analysis of available information, it was found that there is substantial evidence that the potential effects of the proposed project on the environment will not have a significant effect on the environment. Therefore, a Negative Declaration is intended to be adopted in compliance with the State of California Environmental Quality Act. 0 () 0G. 56 Honorable Planning Commission May 20, 2003 Page 9 STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider the proposed Negative Declaration to ensure that it adequately addresses the impacts of the proposed commercial project. 3. Adopt Resolution No. PC -2003- recommending to the City Council approval of Commercial Planned Development Permit No. 2002 -01, subject to conditions. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Site Plan B. Building A Elevations C. Building B Elevations D. Building C Elevations E. Conceptual Grading and Drainage Plan F. Conceptual Landscape Plan G. View 1 H. View 2 3. Initial Study and.Draft Negative Declaration 4. Draft Resolution No. PC -2003- with Conditions of Approval 0 Q0�57 PC ATTACHMENT 1 x F y ni Moorpark Location Map A nning Division er of New Los AngelejAvenue �� Foot Radius) and Spring Road '1 0 �uU5N Xy AlOCMCOMAl. 1OFFICE I 5�7 UD�W COACK /Off .6 —WR 1 stogy KEY MOTES -- - --------- - - - _74 0 vf..r 0 S*7_ %V Lam. O -A -1 JECT DATA PRO 77,71 X . . . ... ..... xl VIXW COAlWOFFIQ BUL DWI SUN 11 'S/ I STORY i AkOCXALO w.— WK STAMMWS .......... .. iu i, m -Atoms SMIMARY :iw :J SLOCGUSTER ............ --------- — ------- . . ... . . . .. ........ :a E L E S A V T w L 0 3 . . . .......... . . . .. ..... . WAY NOT GREENE MOORPARK SPRINGS SHOPPING CENTER dcv�JOPTnCnt, lUt " Group NEW LOS ANGELES AVE. & SPRING ROAD Atehitcetsz MOORPARK, CA 93021 LARRY GREENE 01S) 970-Ae00 PC ATTACHMENT 2A O(E KEY NOTES FINISH NOTES 4!)m Q) mm m I l4rom ol 'Li A - �11 r �El--V*Tlc" f ---------------- 4'� 7- -Tili I 'oa MOORPARK SPRINGS SHOPPING CENTER G Rr F Pittman Group NEW LOS ANGELES AVE. & SPRING ROAD tevelopment, inc'- ' I's �qwro V-nd - su-te '2,4 "q.i. Archito I ch ANOORPAR CA 93n24 21 K A LARRY GqEEHF (8181 87•800 PC ATTACHMENT 2B , z 2K�g "'.eo 'b* ......._. - - - - - - - - - - ----- Tl----- W "I Or ----------- 10, ,WSW, x 0 *Q� - -------- - - KEYNOTES Aw m - - - - - - - - - - ----- Tl----- W "I Or ----------- 10, ,WSW, x 0 *Q� - -------- - - T- (Dw- MOORPARK SPRINGS SHOPPING CENTER G R E E N EIV'Cl: dcvelopi-nent. inc. NEW LOS ANGELES AVE. & SPRING ROAD Aq— JIG. Y)f -4eoo erN ARRY GTIEENE (611�111' S79 MOORPARK, CA 93021 PC ATTACHMENT 2C KEYNOTES FINISH NOTES r0 i8r2) T- (Dw- MOORPARK SPRINGS SHOPPING CENTER G R E E N EIV'Cl: dcvelopi-nent. inc. NEW LOS ANGELES AVE. & SPRING ROAD Aq— JIG. Y)f -4eoo erN ARRY GTIEENE (611�111' S79 MOORPARK, CA 93021 PC ATTACHMENT 2C (LA—U-1 701, U, •rw.a KEY NOTES FINISH NOTES vwxrrs ._s GREENFIVAY Pittman MOORPARK SPRINGS SHOPPING CENTER clev�lopfncllt. lx c GmUp NEW LOS ANGELES AVE. & SPRING ROAD 2�5 Aca'.. ioic "CL Atchftaclg MOORPARK, CA 93021 LARRY GREE4E tf$li) em-4vo PC ATTACHMENT 2D ca - ---------- A." c IV I it T, D'. 0 b LI C W111P W. .A1,1 N I, PC ATTACHMENT 2E 471, ........... . . A- . . .... ...... . ... A Z. ca - ---------- A." c IV I it T, D'. 0 b LI C W111P W. .A1,1 N I, PC ATTACHMENT 2E 471, —ID ca - ---------- A." c IV I it T, D'. 0 b LI C W111P W. .A1,1 N I, PC ATTACHMENT 2E A Z. S. 'A Awo 4* - 0-0-- L.7— .Mor UTER PREPARED SY WA W OWNER !ZDEVEL9!LR ARCHITECT: MIN 'W" w v.m W, C)i4CFVP7OAL 'A<A'13, TA ':G A"10 �07WNAGE 2 PARCEL OF PKA 503F ­C;—A'�'.1 '—d, . . ........ I 1\ / 9:d+ ilYi ShaetTOV CONCEPTUAL PLAN 1. -Z.la,l PC ATTA( ;HMENT 2F 0 p PC ATTACHMENT 3G PC ATTACHMENT 2H CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Commercial Planned Development Permit Case No.: CPD 2002 -01 Contact Person and Phone No.: Paul Porter, Principal Planner (805) 517 -6243 Name of Applicant: GreeneWay Development, Inc. Address and Phone No.: 29395 Agoura Road, Suite 204 Agoura, California 91301 (818) 879 -4800 Project Location: Northeast of northeast corner of New Los Angeles Avenue and Spring Road General Plan Designation: C -2 Zoning: CPD Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of 21,786 square feet of commercial uses in three commercial - retail- restaurant - service buildings which will complete the development of an existing neighborhood shopping center. Surrounding Land Uses and Setting: North: Multi - Family Residential Uses South: Los Angeles Avenue and Commercial Uses East: Multi- Family Residential Uses West: Spring Road and Single- Farrily Commercial Uses Responsible and Trustee Agencies: Caltrans is a responsible agency as any work done on New Los Angeles Avenue will require an Encroachment Permit from 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 nificant Impact "or Potentially Significant Unless Mtigated, "as indicated by the checklist on the following pages. Aesthetics Agricultural Resources X Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials HydrologyMater Quality Land Use /Planning Mineral Resources X Noise Population /Housing Public Services Recreation X TransportationfTraffic Utilities/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 RATION will be prepared. 7V Prepared by: Paul rter Reviewed y: arry Hog Principal Planner ity D e pment Director Date: March 7, 2003 Date: 3-7- 2oo3 PC ATTACHMENT 3 S: \Community Development \DEV PMTS\C P D\2002,,), Greene.` \Envi&'JIweataNnitial Study.doc U000f CPD 2002 -01 GreeneWay Development, Inc. 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 highv�sy? 3) Substantially degrade the ersbng visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare Mich 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. 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, Ch. 17.30 of the Moorpark Municipal Code. 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 of statewide Importance (Farmland), as shown 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 Williamson Act contract? 3) Involve other changes in the e)isting environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project is in an urban setting and does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. X X X P� S: \Community Development \DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydocl O Q0 6168 CPD 2002 -01 GreeneWay Development, Inc. 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 x of people? Response: The project is estimated to result in approximately 6.39 tons of Nitrogen Oxides per year and 4.52 tons of Reactive Organic Gases per year, mostly from vehicle trip emissions. These levels exceed suggested thresholds of the Ventura County Air Pollution Control District. The applicant will be required as a standard condition of approval to pay a contribution to the City's Transportation System Management fund, reducing this impact to a less than significant level. Sources: Project description, project plans, Air Quality Assessment Guidelines of the Ventura County Air Pollution Control District November 2000, URBEMIS 2001 Air Emissions Model. Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or bythe California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native S:\CommunityDevelopment\DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydoc3 x X x x 000GG9 Potentially Significant Impact 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? 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 Community Conservation Plan, or other approved local, regional, or state habitat Gre Less Than Significant With Miti ation CPD 2002 -01 eneWay Development, Inc. Less Than Significant No Impact Impact conservation plan! Response: This project is in an urban location. The project will complete the build -out of an existing neighborhood shopping center. Therefore, it does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the signifcance of a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the signifcance of an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 4) Disturb any human remains, including those interred outside of formal cemeteries? X X X X X X 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 \DEV PMTS \C P D\2002\01 QeeneWay\Environmental \Initial Studydoc4 Gret Less Than Potentially Significant Significant With Impact Mitigation CPD 2002 -01 :neWay Development, Inc, 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 Nquist- 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 a )pansive soil, as defined in Table 18 -1 -B 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 wac: 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. S:\CommunityDevelopment \DEV PMTS \C P D \2002 \01 GeeneWay \Environmental \Initial Studydoc5 000071 CPD 2002 -01 GreeneWay Development, Inc. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the 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 hazardous materials, substances, or waste within one - quarter mile of an e>asbng or proposed school? 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, 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 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 adopted emergency response plan or emergency evacuation plan? 8) E)pose people or structures to a significant risk of loss, 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. 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:\CommunityDevelopment\DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc6 x x 0 00072 CPD 2002 -01 GreeneWay Development, Inc. 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 existing drainage pattern of the site X 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 existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other food hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect food flows? 9) Expose people or structures to a significant risk of loss, X 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? X Response: All drainage plans are subject to the review and approval of the City Engineer prior to issuance of building permits. Flood hazards will be less -than significant with standard building permit requirements. 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, specifc plan, local coastal program, or inning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? SACommunity Development \DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc7 X X OOO V73 3) Conflict with any applicable habitat conservation plan or natural community conservation plan? CPD 2002 -01 GreeneWay Development, Inc. X 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. 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 locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: 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 vicinity above levels existing without the project? 4) A substantial temporaryor 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? S:\CommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydoc8 000011,074 9 X X X X X X 000011,074 9 CPD 2002 -01 GreeneWay Development, Inc. Response: Construction noise will be present, but standard conditions of approval and compliance with the Moorpark Municipal Code will reduce noise to a less -than significant level. Standard requirements include restricting construction hours. Sources: City of Moorpark General Plan, Moorpark Municipal Code. Mitigation: None required 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 phWical 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? S: \Community Development \DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc9 X X X X X 0 00075 CPD 2002 -01 GreeneWay Development, Inc. 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. 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: A parks fee is required as a standard condition to address any demand for parks from the proposed development. 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 X to the e>asting 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 X 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 X 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 X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity!? X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? S:\Community Development \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 0 17 CPD 2002 -01 GreeneWay Development, Inc. Response: The traffic study prepared for this project indicates that the identified traffic implementation measures will offset project - generated traffic impacts. These measures have been incorporated into the project as conditions of approval to reduce project related traffic impacts to a less -than significant level. 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. Sources: Project description, site plans, and City of Moorpark General Plan, Municipal Code. Traffic Impact Studv DreDared by Linscott, Law and Greenspan Engineers date October 7, 2002.. Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X 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 X 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 X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination bythe wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and X reaulations related to solid waste? Response: The project will comply with applicable agency requirements and policies prior to issuance of building permits, reducing impacts on public services to a less -than significant level. Sources: Project description, project plans Mitigation: None required. SACommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 1 00007"r, CPD 2002 -01 GreeneWay Development, Inc. Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individuallylimited, X 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 X cause substantial adverse effects on human beings, either directly or indirectly? Response: This infill commercial project is consistent with the City's General Plan, Municipal Code and other City requirements. Any potential impacts will be reduced to a less -than significant level through the implementation of the City's standard conditions of approval and compliance with applicable building codes and policies and requirements of 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 Studyby 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 ofthe 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 S:\Community Development \DEV PMTS \C P D\2002 \01 (?eeneWay\Environmental \Initial Studydoc'I 2 0() 0 101171 8 CPD 2002 -01 GreeneWay Development, Inc. 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. Geotechnical Report dated May 1, 1996 by Earth Systems Consultants. 9. Drainage Report dated (no date) prepared br Parcel 2 of Parcel Map 5038 prepared by Charles Mikulus of the Haaland Group. SACommunityDevelopment \DEV PMTS \C P D \2002 \01 QeeneWay\Environmental\IniGal Studydocl 3 0 00 VG► 9 NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE Z.. MOORPARK, CA 93021 (805) 517 -6200 9�i D J 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: Ma ,. Project Title /Case No.: CPD 2002 -01 Project Location: Northeast of the northeast corner of New Los Angeles Avenue and Spring Road, Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of three commercial buildings containing a total of 21,786 square feet which will complete the development of the existing neighborhood shopping center. (Environmental Information Form Attached) Project Type: X Private Project _ Public Project Project Applicant: GreeneWay Development, Inc. 29395 Agoura Road, Suite 204, Agoura, Ca. 91301 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: Trustee Agencies: Attachments: Caltrans None Location Map Environmental Information Form Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity Development\DEV PMTS \C P D \2002 \01 GreeneWay \Environmental \Negative Declaration.doc 0 8 RESOLUTION NO. PC- 2003 -444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT PERMIT (CPD) NO. 2002 -01, ON A 2.29 ACRE PARCEL, LOCATED NORTHEAST OF THE NORTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD ON THE APPLICATION OF GREENEWAY DEVELOPMENT, INC. (ASSESSOR PARCEL NO. 512 -0- 180 -09) WHEREAS, at a duly noticed public hearing on May 20, 2003, the Planning Commission considered Commercial Planned Development (CPD) Permit No. 2002 -01, on the application of GreeneWay Development, Inc., for a 21,786 square foot commercial- retail — restaurant - service building on approximately 2.29 gross acres, located northeast of the northeast corner of New Los Angeles Avenue and Spring Road (Assessor Parcel No. 512- 0- 180 -09); and WHEREAS, at its meeting of May 20, 2003, the Planning Commission opened the public hearing; took public testimony, closed the public hearing; and on May 6, 2003, 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 proposal, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Negative Declaration/ Initial Study for the project is complete and has been prepared in compliance with California Environmental Quality Act (CEQA) and city policy. The Planning Commission considered information in the environmental document in its deliberations of the project before making a recommendation to the City Council concerning the project and the Negative Declaration. The Planning Commission's recommendation represents its independent judgment. SECTION 2. COMMERCIAL PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report (s) and accompanying studies, the Planning Commission 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: \ \mor pri sery \City Share \Community Development \= PMTS \C P D \2002 \01 GreeneWay \Resolutions \pc 030520.doc CC ATTACHMENT 3 000081L Resolution No. PC- 2003 -444 Page 2 A. The proposed use is consistent with the intent and provisions of the city's General Plan, and Title 17 of the Municipal Code, as the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. B. The proposed use is compatible with the character of the surrounding development since architectural elements of the existing buildings, as well as, colors and materials of the existing buildings have been integrated into the proposed project. C. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses as the proposed building colors and architecture is designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent residential property. D. The proposed use will not be detrimental to the public interest, health, safety, convenience or welfare as it has been conditioned to comply with all applicable local, state and federal governmental regulations. 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, in that the design of the project combines the architecture, building materials and textures, landscaping and building colors of the existing adjacent buildings. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2002 -01, 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 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. ��fu 8� Resolution No. PC- 2003 -444 Page 3 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 20th day of May, 2003. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 000x83 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Commercial Planned Development Permit Case No.: CPD 2002 -01 Contact Person and Phone No.: Paul Porter, Principal Planner (805) 517 -6243 Name of Applicant: GreeneWay Development, Inc. Address and Phone No.: 29395 Agoura Road, Suite 204 Agoura, California 91301 (818) 879 -4800 Project Location: Northeast of northeast corner of New Los Angeles Avenue and Spring Road General Plan Designation: C -2 Zoning: CPD Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of 21,786 square feet of commercial uses in three commercial - retail- restaurant - service buildings which will complete the development of an existing neighborhood shopping center. Surrounding Land Uses and Setting: North: Multi - Family Residential Uses South: Los Angeles Avenue and Commercial Uses East: Multi - Family Residential Uses West: Spring Road and Single- Farrily Commercial Uses Responsible and Trustee Agencies: Caltrans is a responsible agency as any work done on New Los Angeles Avenue will require an Encroachment Permit from 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 Significant Impact "or Potentially Significant Unless Mtigated, "as indicated by the checklist on the following pages. CC ATTACHMENT 4 S: \Community Development \DEV PMTS \C P D\2002 1,01 GreeneWay�EnvironmentaAlnitial Study.doc 0 0 9 84 Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards and Hazardous Materials Hydrology/Water Quality Land Use /Planning Mineral Resources Noise Population /Housing Public Services Recreation Transportationrrraffic Utilities /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 DECL RATION ill be prepared. Prepared by: Paul Porter Reviewed : arry Hogan Principal Planner m ty Dev to ent Director Date: March 7, 2003 Date: CC ATTACHMENT 4 S: \Community Development \DEV PMTS \C P D\2002 1,01 GreeneWay�EnvironmentaAlnitial Study.doc 0 0 9 84 CPD 2002 -01 GreeneWay Development, Inc. INITIAL STUDY EXHIBIT 1: NEGATIVE DECLARATION Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. 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, Ch. 17.30 of the Moorpark Municipal Code. 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 shove on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project is in an urban setting and does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. S: \Community Development \DEV PMTS \C P D \2002 \01 QeeneWay\Environmental \Initial Studydoc2 000 GISS 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 existing 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 1 Response: The proposed project is an infill commercial project that will enhance the general area through architectural design. 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, Ch. 17.30 of the Moorpark Municipal Code. 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 shove on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: This project is in an urban setting and does not affect agricultural resources. Sources: Project description, project plans Mitigation: None required. S: \Community Development \DEV PMTS \C P D \2002 \01 QeeneWay\Environmental \Initial Studydoc2 000 GISS CPD 2002 -01 GreeneWay Development, Inc. 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 x of people? Response: The project is estimated to result in approximately 6.39 tons of Nitrogen Oxides per year and 4.52 tons of Reactive Organic Gases per year, mostly from vehicle trip emissions. These levels exceed suggested thresholds of the Ventura County Air Pollution Control District. The applicant will be required as a standard condition of approval to pay a contribution to the City's Transportation System Management fund, reducing this impact to a less than significant level. Sources: Project description, project plans, Air Quality Assessment Guidelines of the Ventura County Air Pollution Control District November 2000, URBEMIS 2001 Air Emissions Model. 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 effect on any riparian habitat x or other sensitive natural community identified in local or regional plans, policies, regulations or bythe 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 S: \Community Development \DEV PMTS \C P D\2002 \01 QeeneWay \Environmental \Initial Studydoc3 0 0 0 v 8 V Gre Less Than Potentially Significant Significant With Impact Miti ation CPD 2002 -01 cneWay Development, Inc. Less Than Significant No Impact Impact resident or migratoryfish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting x biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat x Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Response: This project is in an urban location. The project will complete the build -out of an existing neighborhood shopping center. Therefore, it does not affect natural biological resources. Sources: Project description and project plans. Mitigation: None required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of x a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance 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 S:\CommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydoc4 00008"1 CPD 2002 -01 GreeneWay Development, Inc. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation 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 -B 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 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. S:\CommunityDevelopment\DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc5 000088 CPD 2002 -01 GreeneWay Development, Inc. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the 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 hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 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, where such a plan has not been adopted, Wthin 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 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 adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: This project does not affect hazards or hazardous materials. Sources: Project description and project plans Mitigation: None required X X X X X X X X H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X S:\CommunityDevelopment\DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Studydoc6 CPD 2002 -01 GreeneWay Development, Inc. 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 existing drainage pattern of the site X 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 existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runof water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other food hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? :: :.. ,-Ad +;rn h..cuirho fc, innmi nr mudlnw? X Response: All drainage plans are subject to the review and approval of the City Engineer prior to issuance of building permits. Flood hazards will be less -than significant with standard building permit requirements. 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, specifc plan, local coastal program, or inning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? SACommunity Development \DEV PMTS \C P D\2002 \01 GeeneWay\Environmental \Initial Study.doc7 X_ X CPD 2002 -01 GreeneWay Development, Inc. 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. J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local .-1 .,I— n—ifir nInn nr nthar land imp nlan? Response: 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 groundborne vibration or groundborne noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporaryor periodic increase in ambient noise levels in the project vicinity above 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, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 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 X SACommunity Development \DEV PMTS \C P D \2002 \01 QeeneWay\Environmental \Initial Studydoc8 X 010 fil. 91 CPD 2002 -01 GreeneWay Development, Inc. Response: Construction noise will be present, but standard conditions of approval and compliance with the Moorpark Municipal Code will reduce noise to a less -than significant level. Standard requirements include restricting construction hours. Sources: City of Moorpark General Plan, Moorpark Municipal Code. Mitigation: None required L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either 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, necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X X X 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? X Police protection? X Schools? X Parks? X Other public facilities? X S:\CommunityDevelopment \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydoc9 0 00 G9020 CPD 2002 -01 GreeneWay Development, Inc. 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. 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 cnvu �,nncua: Response: A parks fee is required as a standard condition to address any demand for parks from the proposed development. 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 X 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 X 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 X 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 X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacityn X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? S: \Community Development \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 0 000093 CPD 2002 -01 GreeneWay Development, Inc. Response: The traffic study prepared for this project indicates that the identified traffic implementation measures will offset project - generated traffic impacts. These measures have been incorporated into the project as conditions of approval to reduce project related traffic impacts to a less -than significant level. 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. Sources: Project description, site plans, and City of Moorpark General Plan, Municipal Code. Traffic Impact Study prepared by Linscott, Law and Greenspan Engineers date October 7, 2002.. Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X 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 X 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 X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination bythe wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid vAaste disposal needs? 7) Comply with federal, state, and local statutes and X rani Jalinne rr:iatPd to solid veste? Response: The project will comply with applicable agency requirements and policies prior to issuance of building permits, reducing impacts on public services to a less -than significant level. Sources: Project description, project plans Mitigation: None required. S: \Community Development \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 1 0 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 fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of 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)? CPD 2002 -01 GreeneWay Development, Inc. X 3) Does the project have environmental efects which will X cause substantial adverse effects on human beings, either directly or indirectly? X Response: This infill commercial project is consistent with the City's General Plan, Municipal Code and other City requirements. Any potential impacts will be reduced to a less -than significant level through the implementation of the City's standard conditions of approval and compliance with applicable building codes and policies and requirements of 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 Studyby 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. Environmental Information Form application and materials submitted as part ofthe 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 S:\Community Development \DEV PMTS \C P D\2002 \01 QeeneWay\Environmental \Initial Studydocl 2 000095 CPD 2002 -01 GreeneWay Development, Inc. 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. Geotechnical Report dated May 1, 1996 by Earth Systems Consultants. 9. Drainage Report dated (no date) prepared br Parcel 2 of Parcel Map 5038 prepared by Charles Mikulus of the Haaland Group. SACommunity Development\DEV PMTS \C P D\2002 \01 QeeneWay\Environmental\Initial Study.docl 3 K NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 9'iEO i 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: Project Title /Case No.: CPD 2002 -01 Project Location: Northeast of the northeast corner of New Los Angeles Avenue and Spring Road, Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of three commercial buildings containing a total of 21,786 square feet which will complete the development of the existing neighborhood shopping center. (Environmental Information Form Attached) Project Type: X Private Project _ Public Project Project Applicant: GreeneWay Development, Inc. 29395 Agoura Road, Suite 204, Agoura, Ca. 91301 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 Trustee Agencies: Attachments: Caltrans None Location Map Environmental Information Form Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity Development \DEV PMTS \C P D\2002 \01 GreeneWay \Environmental \Negative Declaration.doc 0C�JC�'7 K NEGATIVE DECLARATION p ► O CITY OF MOORPARK 799 MOORPARK AVENUE i v MOORPARK, CA 93021 (805) 5176200 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: Project Title /Case No.: CPD 2002 -01 Project Location: Northeast of the northeast corner of New Los Angeles Avenue and Spring Road, Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development application, CPD 2002 -01, will establish the design and control of three commercial buildings containing a total of 21,786 square feet which will complete the development of the existing neighborhood shopping center. (Environmental Information Form Attached) Project Type: X Private Project _ Public Project Project Applicant: GreeneWay Development, Inc. 29395 Agoura Road, Suite 204, Agoura, Ca. 91301 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: Trustee Agencies: Attachments Caltrans None Location Map Environmental Information Form Initial Study Contact Person: Paul Porter Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6243 SACommunity Development\DEV PMTS \C P D\2002 \01 GreeneWay \Environmental \Negative Declaration.doc 0 ! 0 G 918 X99 0 0 H 0 2 z H LTI :00 AS' L L Vt 7 - — -- — -- — -- — - :-:-XI 1 KEYNOTES L El v j 4,4 . . ........... lyryl PROJECTDATA . . . . . . . .. ........ ss ........... SrARRUCKS PARKM SUMMARY vY NEW LOS ANGELES AVENUE T low", ; 5'sw6t- --., - . . . . . . . . ... . . . ............ ...... ........... . . . .......... . ......... Pittman MOORPARK SPRINGS SHOPPING CENTER GTZFLJNElVAY devel.pm..t, io., afaup NEW LOS ANGELES AVE. & SPRING ROAD 2�,! � Ay ,,q R�,,,' S,!, �014 �w.• CA S13', MOORPARK, CA 93021 LARRY WSC rols) 8n)-4m :Po 1-3 1-3 0 DO w 0 0 z t1i 0 ro 0 :00 to t1i I 000., p� lo! amp 0 Uy aQa CONCEPTUAL PLAN 0 0 Ul 0 t1i C3 H z a z tlj t-4 tzj 0 z (1) UK- �om A hr 7 440 11" "Qs mk%!?4 WMT ELEVATION los 11" � KEYNOTES FINISH NOTES . . .......... . .... . . . . . . . . L Ca=A '(DD 11" "Qs mk%!?4 WMT ELEVATION los 11" � Pffftnon MOORPARK SPRINGS SHOPPING CENTER GREENEWAY d—l.p—f'. , 4'0" NEW LOS ANGELES AVE. & SPRING ROAD MM Aq— R-o - $,R. Amh'ttatir� Aq-r. :!;., CA 0- -1 =1 �'=wlll LARRY GREENE (810) $10-480D m �- - MOORPARK, CA 93021 KEYNOTES FINISH NOTES Ca=A '(DD Pffftnon MOORPARK SPRINGS SHOPPING CENTER GREENEWAY d—l.p—f'. , 4'0" NEW LOS ANGELES AVE. & SPRING ROAD MM Aq— R-o - $,R. Amh'ttatir� Aq-r. :!;., CA 0- -1 =1 �'=wlll LARRY GREENE (810) $10-480D m �- - MOORPARK, CA 93021 0 0 z 1-3 Ul tj t1i 0 H Z a RE tai L-4 0 Z U) v J, - W 'I' BLCVAT"l (D-IjUll - IVAT�IN KEYNOTES JK (OD - 111�Al Pitiman MOORPARK SPRINGS SHOPPING CENTER GREENEWAY I NEW LOS ANGELES AVE. & SPRING ROAD AS >R .-' fc CA L- 201 Architects �s, MOORPARK, CA 93021 Lm", "MFIE (Big) $74,800 gs,ll ®! ® Eli - 111�Al Pitiman MOORPARK SPRINGS SHOPPING CENTER GREENEWAY I NEW LOS ANGELES AVE. & SPRING ROAD AS >R .-' fc CA L- 201 Architects �s, MOORPARK, CA 93021 Lm", "MFIE (Big) $74,800 0 0 0 N z 1-3 Ln Vi w 0 H t-I U H Z a t1i L-4 tzi H 0 z CD . .......... ....... . . �'j ea. imam 9�99LO.SX.L1410 ............ w KEYNOTES 0.:: . — — — — (D (OD co= @1-- FiNfSH NOTES ..._ Pittman MOORPARK SPRINGS SHOPPING CENTER GREENEIVINy NEW LOS ANGELES AVE. & SPRING ROAD ArehRaets -4 MOORPARK, CA 93021 GREME (818) 879 800