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Home My WebLink AboutAGENDA REPORT 2005 0831 CC SPC ITEM 05ATO: FROM: DATE: SUBJECT: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM 5.A. CITY OF MOORPARK, CALIFORNIA City Council Meeting of ACTION: BY: L11, _ Ai Barry K. Hogan, Community Development Directo Prepared By: Joseph Fiss, Principal Planner C August 5, 2005 (CC Special Meeting of 8/31/05) Consider Commercial Planned Development No. 2005 -02 to Allow Construction of an approximately 74,402 Square Foot Retail Commercial Shopping Center on Approximately 6.96 Acres on the Southwest Corner of Los Angeles Avenue and Moorpark Avenue on the Application of Tuscany Partners, LLC. BACKGROUND On March 25, 2005, an application for Commercial Planned Development Permit No. 2005 -02 was submitted for construction of a shopping center on approximately a 6.96 acre, vacant parcel at the southwest corner of Los Angeles Avenue and Moorpark Avenue. The applicant is proposing approximately 74,402 square feet of floor area, in four buildings. This project was originally noticed for the May 23, 2005 Planning Commission Special Meeting, however, the applicant was revising the plans after the notice was sent, so no report was presented by staff. The Planning Commission opened the public hearing and continued the agenda item with the hearing open to a special meeting on June 14, 2005. On June 14, 2005, the Planning Commission adopted Resolution No. PC- 2005 -479, recommending approval of the Commercial Planned Development Permit, subject to special and standard conditions and adoption of the Mitigated Negative Declaration. Chapter 17.44.070 of the Moorpark Municipal Code requires certain public noticing for discretionary projects. One of the requirements of this Chapter is that the applicant place a public notice sign on the site, indicating the dates and times 000001 Honorable City Council August 31, 2005 Page 2 of each public hearing, among other information. The applicant failed to update the signs on the site for the July 20, 2005 City Council hearing. As a result the hearing was re- advertised, re- noticed and has been correctly posted on -site. DISCUSSION A full analysis of this project is provided in the attached June 14, 2005 Planning Commission staff report. The Planning Commission's discussion focused on access as well as internal circulation. Two driveways are provided from Los Angeles Avenue, lined up with the driveways of the shopping center on the north side of Los Angeles Avenue. One (1) driveway will be provided on Moorpark Avenue, and two (2) additional driveways will be provided on Park Crest Lane. Only the driveway across from the Moorpark Towne Center driveway with the pylon sign on Los Angeles Avenue will have left turn ingress and egress. The applicant has negotiated a reciprocal access agreement with the owner /developer of the adjacent commercial property to the west, which is also currently in the City's review process on this same agenda. One (1) additional driveway at Park Lane will be provided through this property. The access agreement with the neighboring property will allow customer traffic entering from Los Angeles Avenue to access both shopping centers from any of the four surrounding streets. The access agreement will allow encroachment of a portion of some parking spaces, and will allow access between the two properties for parking and circulation purposes. A condition of approval has been included which requires a mutual access agreement between the two properties to be recorded prior to issuance of zoning clearance for grading. If the proposed shopping center to the west is not built concurrently with this project, the parking lot for this project will still provide sufficient accessible parking. Access from the easterly driveway on Los Angeles Avenue will be restricted to right -in /right out movements only. A condition of approval will be included that a deceleration lane will be provided on the west side of the westerly driveway, subject to review and approval of the Community Development Director and City Engineer. Access from Park Lane, Park Crest Lane and Moorpark Avenue will provide sufficient opportunities to access Los Angeles Avenue, either eastbound or westbound, at controlled 000002 Honorable City Council August 31, 2005 Page 3 intersections. Also, a condition has been turns out of the most westerly Los Angeles be prohibited in the future and that the Caltrans so that the striping of the left Angeles Avenue, for southbound turns double /double yellow and of sufficient de left turn traffic for the new centers. included that left Avenue driveway may applicant work with turn pocket on Los ;o Park Lane, is .)th for anticipated The applicant's original plans show commercial signage on the rear of the buildings, facing Park Crest Lane and Moorpark Avenue. Staff thinks that signage, whether lighted or unlighted, in this location is unnecessary and creates excessive visual clutter, adversely affecting the residential character of the adjacent neighborhoods. A condition of approval has been added prohibiting commercial signage on these building frontages. The Planning Commission expressed a concern that, given the pedestrian - friendly design of this center, more emphasis should be placed on designing "child- friendly" features into the courtyard area. Such features would encourage families to stay at the center longer, strolling and shopping. A special condition of approval has been added requiring a redesign of the courtyard, to attain this goal. There have been some minor clarifications to the Conditions of Approval recommended by the Planning Commission. Those clarifications are shown in legislative format. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. 2005- adopting a Mitigated Negative Declaration and approving Commercial Planned Development Permit No. 2005 -02. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan With Data B. Enlarged Site Plan C. Building "AB" Elevations /Site Plan D. Building "CD" Elevations /Site Plan 000003 Honorable City Council August 31, 2005 Page 4 E. Building "E" Elevations /Site Plan F. Building "F" Elevations /Site Plan G. Building "G" Elevations /Site Plan H. Building "H" Elevations /Site Plan 4. May 23, 2005 Planning Commission Agenda Report 5. June 14, 2005 Planning Commission Agenda Report (Without 6. Mitigated Negative Declaration with Initial Study 7. Draft Resolution with Conditions of Approval 000004 Honorable City Council August 31, 2005 Page 5 111 �r r� r5 3AV) - -- 3A` )48V aoowS 3A` )4Wd8OOjN, Ii CC ATTACHMENT 1 a. Q Z O F- 0 000005 Honorable City Council August 31, 2005 Page 6 CC ATTACHMENT 2 11:1 Li. IPA I tzi z MM &F *A AMM TOOL MlUEi MU TmX E.F. W COO - 6 NAM" AVALAK9 - = IL IW CAO I WD 4F1 Project Data L.", O I , 56% q P.." A"*" -0 "—, P- t kl , - CA 2=1 763,342.t - - Pawaq 54uws F" Porzitapl BLKnOnSUMMARY F.Q—d ftf; v! S" (96' ■&MA AdAkSt VACK i-n 3r- t so- 2 spam 2 Sp- 4 me: 1 13W am, 3x. 1 9E PROJECT REPRESENTATIVES am- PQmr.g ftoww m 4,TU*t t3WPQG 2% DULDMS - Sv_- I 2,df- +.3;t 13C1Ji1 -11 0117 aPprawPrn4 140.1 E1aw4 N Project Data L.", O I , 56% q P.." A"*" -0 "—, P- t kl , - CA 2=1 763,342.t - - Pawaq 54uws F" Porzitapl BLKnOnSUMMARY F.Q—d ftf; v! S" (96' ■&MA AdAkSt VACK i-n 3r- t so- 2 spam 2 Sp- 4 me: 1 13W am, 3x. as- am- PQmr.g ftoww m 4,TU*t t3WPQG 2% DULDMS - Sv_- I 2,df- +.3;t 13C1Ji1 -11 4% 140.1 E1aw4 N 30 ACE SP-1 GI-2 S" a 59-: SF- ' " Xc' 1 3DU a 4 1 3x A I , 30C. 6 t A %' " "— tea W. Z7i' 04 PO.P 124eg' UP- IX 7. �.44 5aesar"C. ZT 9,110.t to— 3% mvm ! , " 11,123x1 Xs 4% BULDNO I SAUJI YAM sp- �A 3w no,. 13XIS: ms, lers, 114W.� 04 04. -"'—] tti 'A� mv, 17 fiaw.t 12— MM-WO F ILEASE SPAM 1.4 03— 3225.1 5.12". 0bg I tq WOM 61. a SQ- 4% OULLIPIG G 4LL^M WAGE 131 np- i4 a4 I, 40—S vs n 7172.f 16— 1% #EUE SPACE tA I ;4— 1 1 rd 1 -.' I Xv, - 14 -2 ..- a— - --- $1azt- own ti 4 13100&t Jf6ePet 4% TQ1ALfL00"^7wNk- OLKOW 46,643"3 .f. IV arms 2771 MRIvAms IM.f ft— 0% AWA •"I.MLL 176 M 73,M7 f tA 30.3u., ft- PARKNG SUMMARY I,Xb IM S'A";Uv 1-.0 ACCESSOLf. 16/.242.1 J Pittman TUSCANY SQUARE TUSCANY SQUARE PARTNERS G Architects Los Angeles Ave. & Moorpark Ave. 5525 Oakdale Ave. Suite 200 Moorpark CA 93021 Woodland Hills, CA 91364 pi r- 0 Lq Lq � (D r- 0 to -J (t L-) P (D 0 rr 0 k.< Ul 0 Nff WE- VM ff. UZ WMQ, TWAL KIM AM *W SA 8 • a HMMM AVAUAZ - NO TL iU CAM 0 %W GFJ k!% xn, m4acaW V_J Twx ou "An w W CA • • IYrCG1r AVAIAJU • M IL d= CM! I = aFJ Pittman TUSCANY SQUARE TUSCANY SQUARE PARTNERS Ii GrCUP Architects Los Angeles Ave. & Moorpark Ave. 5525 Oakdale Ave. Suite 200 Moorpark CA 93021 Woodland Hills, CA 91364 m- t. ro >1 x 0) r- 0 LQ LQ � (D � 0 V) 11 00 rr w tzr Li H H (D n bi N- o rr 0 LrI C) 0 tM bd Nff WE- VM ff. UZ WMQ, TWAL KIM AM *W SA 8 • a HMMM AVAUAZ - NO TL iU CAM 0 %W GFJ k!% xn, m4acaW V_J Twx ou "An w W CA • • IYrCG1r AVAIAJU • M IL d= CM! I = aFJ Pittman TUSCANY SQUARE TUSCANY SQUARE PARTNERS Ii GrCUP Architects Los Angeles Ave. & Moorpark Ave. 5525 Oakdale Ave. Suite 200 Moorpark CA 93021 Woodland Hills, CA 91364 m- t. ro >1 x 0) r- 0 LQ LQ � (D � 0 V) 11 00 rr w tzr Li H H (D n bi N- o rr 0 LrI C) 0 n C� H H `1 9 tzi H w n B m W�MzPm MIYNOre7 e-� e— — HMSM Mores •_�__ ®tea -- v 1`V'iJ Im 71 _111J.1.11611 m T EdAMAq, NOT lLMATION Pittman TUSCANY SQUARE TUSCANY SQUARE PARTNERS Group Architects 9 Moo Los An eles Ave. & ark Ave. 5525 Oakdale Ave. Suite 200 Moorpark Moorpark CA 93021 Woodland Hills, CA 91364 ro > x Pi $� 0 ww :I m r- 0 wrtP w � I ' (D C� N F-'- O (-t LrI n 0 N- Honorable City Council August 31, 2005 Page 10 II V! A riP—li II li ►1 .1 • I�1��lie, $I Me Bea all pope �y�•yl!�� je!•ir11• .i•l.i'�riii.l,i'1 oil l'i 0 Eiti i(11 Ole D 9 li .11 1]11111 D!D i X8 N ® ® ® ® 6 D 6 DDD �I �i �1 CD �Q :j c +_ 7 I. . CC ATTACHMENT 3D w$� O`Q= C Q�3 CU h j F. t Q 00 y�v }m� cQ� H 2 °o C Q O J N ss V a i y O � 000010 Honorable City Council August 31, 2005 Page 11 h t i' jil,fi I!€ N11, �®eoe0000 ® ® ® ® ®�omax tii 11 3E it0 E�EiEifiil��i �l � � ��l�ililllllllE)1!� 416e966513 a6@0a5a gee goose i i i iti l�Ni i�l i l i i i i iEi�lrl i:! ! CC ATTACHMENT 3E 8 E a gi • IM Ui at W CC _m � O C O O U Q ,O y ai s Q LY W �w � N O � obi m� U y O cn c Q 0 ID ii a EaL;. 000011 Honorable City Council August 31, 2005 Page 12 I, 1`! Sit m ® ®eeeeeeaooeeeD eee ®eeeo �ill�ll�l :l itill`lilil#�l��1;11 x �i�•i •V ii jji ii `i`i i�l�i ��j� Ijiji 1'i 1�1� DiOie�Oj81 ®��ji�eiOiB 010 l�� ®j ® ®�0j ®�mi ®j I lniil�ll1[��1i omeeW(Dese ® ® ® ® ® ®® C� �i C° mgt t! * y \V I N — K LL Rp i 1 0 I � 3 I CC ATTACHMENT C° 0 'w� w OI at w 3:2, m� zpo 0 Fes. Q W �- � ti N 00 to a V H C Q y O J t p , C 0 3F 000012 Honorable City Council August 31, 2005 Page 13 fi ee ll a oil e a Co [i1 {�!ll, ill CC ATTACHMENT 3G 1-� CE •Wg� m w' gym= c t�x° U� j m > a � N O y Qa y Q U O j m O �- O,g C Q h O J O 000013 i H H x z H w x C) 0 N 6D- mmcw -' rittman Group L Architects dDarv, QDIL , tl!M RNAMOW TUSCANY SQUARE Los Angeles Ave. & Moorpark Ave. Moorpark CA 93021 TUSCANY SQUARE PARTNERS 5525 Oakdale Ave. Suite 200 Woodland Hills, CA 91364 10 � x P) r- o ww :I (D o N Fj RNlSN NOTES a� .. GGd1111�""'�Itiiti7 .�.....+... ®__ C °+ Tu r .utfrMti TUSCANY SQUARE Los Angeles Ave. & Moorpark Ave. Moorpark CA 93021 TUSCANY SQUARE PARTNERS 5525 Oakdale Ave. Suite 200 Woodland Hills, CA 91364 0 .. GGd1111�""'�Itiiti7 TUSCANY SQUARE Los Angeles Ave. & Moorpark Ave. Moorpark CA 93021 TUSCANY SQUARE PARTNERS 5525 Oakdale Ave. Suite 200 Woodland Hills, CA 91364 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire Prepared By: Joseph Fiss, Principal Planner DATE: May 13, 2005 (PC Meeting of 5/23/2005) SUBJECT: Consider Commercial Planned Development No. 2005 -02 to Allow Construction of an approximately 75,000 Square Foot Retail Commercial Shopping Center on Approximately 6.96 Acres on the Southwest Corner Of Los Angeles Avenue and Moorpark Avenue on the Application of Tuscany Partners, LLC. BACKGROUND /DISCUSSION On March 25, 2005, an application for Commercial Planned Development Permit No. 2005 -02 was submitted for construction of a 75,000 square -foot shopping center on an approximately 6.96 -acre vacant parcel at the southwest corner of Los Angeles Avenue and Moorpark Avenue. Staff has been working with the applicant and the applicant's architect on refinements to the design prior to Planning Commission consideration of this application. The applicant was unable to complete plans in time for consideration at this meeting and has requested a continuance of the public hearing. The public hearing for May 23, 2005, had already been advertised in the newspaper and notice mailed to property owners within 1,000 feet of the project site. STAFF RECObtdENDATION Open the public hearing, take public testimony, and continue the item to August 23, 2005, with the public hearing open. \ \MOr _pri_sery \City Share \Community Development \DSV PMTS \C P D \2005 \02 Tuscany Square \Agenda Rpts \PC050523continuance.doc CC ATTACHMENT 4 000015 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire o Prepared by Joseph Fiss, Principal Planner DATE: June 7, 2005 (Special PC Meeting of 6/14/05) SUBJECT: Consider Commercial Planned Development No. 2005 -02 to Allow Construction of an approximately 74,402 Square Foot Retail Commercial Shopping Center on Approximately 6.96 Acres on the Southwest Corner Of Los Angeles Avenue and Moorpark Avenue on the Application of Tuscany Partners, LLC. BACKGROUND On March 25, 2005, an application for Commercial Planned Development Permit No. 2005 -02 was submitted for construction of a shopping center on approximately a 6.96 acre, vacant parcel at the southwest corner of Los Angeles Avenue and Moorpark Avenue. The applicant is proposing approximately 74,402 square feet of floor area, in four buildings. This project was originally noticed for the May 23, 2005 Planning Commission special meeting, however, the applicant was revising the plans after the notice was sent, so no report was presented by staff. The Planning Commission opened the public hearing and continued the agenda item with the hearing open to a special meeting on June 14, 2005. DTSCIIS4TnW Project Setting Existinq Site Conditions: The existing site is a relatively flat, unimproved parcel which extends from Los Angeles Avenue on the north to Park Crest Lane on the south. The immediate corner of Los Angeles Avenue and Moorpark Avenue is developed with an existing gas station and mini -mart, under separate ownership, and will not be a part of this center. Vegetation on the site consists of brush and weeds and several mature Pepper trees, Fan Palms and Olive Trees. The applicant is proposing to maintain several of the Pepper trees within the \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \C P D \2005 \02 Tuscany Square \Agenda Rpts \PC Agenda Report 061405.doc CC ATTACHMENT 5 000016 Honorable Planning Commission June 14, 2005 Page 2 parking lot. Previous Applications: There have been no applications previously submitted for this site. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site C -2 CPD Unimproved North C -2 CPD Shopping Center Apartments _ South V -H RPD East V -H RPD Apartments - - - -- - .. - - -- -- .... West -- - - - -- C -2 - ......... _._... _. -- - .. - CPD -- - -- . _.._ _ _ — -- _._ _..._ .. Unim roved General Plan and Zoning Consistency: The Zoning Ordinance requires City Council approval of the Commercial Planned Development Permit for this project. The applicant's proposal is allowed in the CPD (Commercial Planned Development) Zoning Classification. Project Summary Commercial Planned Development Permit No. 2005 -02: Parcel Pad Proposed Use Building Area (sq. ft.) 1 A Retail 5,773 B Retail /Office 13,188 C Retail 8,219 D Retail 11,123 E Retail 5,058 F Restaurant 10,020 G Restaurant 7,972 H Office 13,049 Total 74,402 Proposed Project Architecture: The architecture of the four buildings is contemporary, with brightly - colored Mediterranean /European features and finishes. This is appropriate for a pedestrian oriented shopping center. Consideration in the design has been given for location of business 000017 Honorable Planning Commission June 14, 2005 Page 3 signs, although a sign program will be required as a condition of approval. There are a variety of roof pitches and building articulation, which create visual interest. Accessory structures (trash enclosures) have been designed to match the center architecturally, and include painted roll up doors to fully screen the trash bins. A variety of outdoor sculptures and water features are provided. Parking is de- emphasized by keeping buildings "F" and "G" close to the front setback and providing ample landscaping in the parking lot. Tower features, trellises, columns and other visual features are provided to further enhance the architecture. Architecture and design is discussed further in the analysis section. Setbacks: The minimum required building setback from Los Angeles Avenue is thirty (30') feet. Building "G" is set back thirty feet from (301) from Los Angeles Avenue and Building "F" is set back approximately sixty -seven feet (671) from Los Angeles Avenue. The required setback for buildings on corner lots in the CPD Zone is five (51) feet. Building "H" is set back approximately twenty feet (201) from Moorpark Avenue. A twenty foot (201) set back is required''from Park Crest Lane. The main building is set back a minimum of sixty feet (601) from Park Crest Lane, with the majority of the building set back more than one - hundred feet (1001). Circulation: Two driveways are provided from Los Angeles Avenue, lined up with the driveways of the shopping center on the north side of Los Angeles Avenue. One (1) driveway will be provided on Moorpark Avenue, and two (2) additional driveways will be provided on Park Crest Lane. The applicant has negotiated a reciprocal access agreement with the owner /developer of the adjacent commercial property to the west, which is also currently in the City's review process. One (1) additional driveway will be provided through this property. On -site and off -site circulation issues are further discussed in the Analysis Section below. 1111 Honorable Planning Commission June 14, 2005 Page 4 Parking: Pad Proposed Use Building Area (sq.ft.) /(Parking Ratio) Spaces Required A Retail 5,773 (1:300sf) 20 B Retail /Office 13,188 (1:300sf) 44 .. D Retail 11,123 (1:300sf) _..- - - - - -- 37 E Retail 5,058 (1:300sf) 17 F Restaurant 10,020 (1:100sf) 100 G Restaurant 7,972 (1:100sf) 79 H .--- ._..._...._ Office /Retail ---------- .-- ._..___... __.- .._..._____...__.._.. 13,049 (1:300sf) -----.------------- ._._-- _------ _.__.__.__.__.___. 43 Total 74,402 368 The applicant is proposing 376 parking spaces. The proposed restaurant includes patio dining areas and courtyards. Under the parking ordinance, no parking is required for outdoor dining and seating areas. Parking issues are discussed in detail in the Analysis section of this report. Landscaping /Lighting: The City has adopted landscape guidelines for commercial developments. The applicant has proposed a landscape theme consistent with the guidelines and with the proposed Contemporary /Mediterranean architecture. The City has discouraged the use of Palm trees because they are often not in keeping with the spirit of the overall landscape design of the City, which favors more native trees and trees that have been historically imported to this area. Frequently, however, the use of Palms is desired because they are a very "California" tree and complement "tropical" or "Mediterranean" landscape themes. Therefore, they are allowed as accent trees, but do not count towards minimum tree requirements, for shade purposes, or as parking lot trees. The landscape plan is subject to review by the City's landscape consultant, who will determine if the number and placement of all plant materials and irrigation is appropriate. The applicant has provided a conceptual lighting plan. Lighting must be an integral part of the architectural design. Lighting must not be obscured by landscaping and must be consistent with the architecture of the buildings. The lighting plan is subject to review by the City's lighting consultant who will determine if the lighting is consistent with the City's requirements. An additional condition of approval has been added, requiring that lighting 000019 Honorable Planning Commission June 14, 2005 Page 5 fixtures be architecturally compatible with the buildings and landscaping. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: All commercial/ industrial projects are required to off -set air pollutants consistent with the 2003 Ventura County Air Quality Assessment Guidelines. Contribution to the Moorpark Traffic System Management Fund has been identified as a method to meet this requirement. ANALYSIS Issues Staff analysis of the proposed areas for Planning Commission to the City Council: • Architecture • Circulation • Setbacks • Parking Architecture: project has identified the following consideration in their recommendation There are minor plan inconsistencies, in particular, with architectural details on the south side of Buildings "A" and "C ". A condition of approval has been added, requiring that the enhanced architecture shown on the elevations be provided on the final drawings. Building "H" is proposed as a two story office /retail building. The architecture of the first story includes stone veneer and articulation of the fagade. The second story elevation is a flat stucco wall with nondescript commercial windows which are out of scale and proportion with the rest of the building. A condition of approval has been added that the second story windows be modified, 000020 Honorable Planning Commission June 14, 2005 Page 6 subject to review and approval of the Community Development Director. Building "B" includes a round tower feature with tall narrow windows around the circumference. The scale of the windows is appropriate, however, as with Building "H ", the window surrounds should be treated, albeit in an understated manner. A condition of approval has been added that the second story windows be modified, subject to review and approval of the Community Development Director. In addition, conditions of approval have been added, prohibiting any visible roof ladders, equipment, vents, exterior drains and scuppers and that all ground mounted utility boxes and shall be screened with landscaping. All gas, electric, and water meters shall also be screened to the degree allowable by the utility companies, and subject to the review and approval of the Community Development Director. Circulation: The applicant has negotiated an access agreement with `-,the owner /developer of the adjacent commercial property to the west. This will allow customer traffic entering from Los Angeles Avenue to access both shopping centers from any of the four surrounding streets. The access agreement will allow encroachment of a portion of some parking spaces, and will allow access between the two properties for parking and circulation purposes. A condition of approval has been included which requires a mutual access agreement between the two properties, recorded prior to issuance of zoning clearance for grading. If the proposed shopping center to the west is not built concurrently with this project, the parking lot for this project will still provide sufficient accessible parking. The plans show a "drive- through" window and lane on the south side of Building "G". The design of the shopping center would not accommodate a fast -food use in this location. It is anticipated that this "drive- through" could accommodate a bank teller window, or an ATM, or perhaps a pharmacy or coffee shop window. Any of these uses do not require as much vehicle stacking area as a fast food restaurant and do not require a location /speaker for ordering. A condition of approval has been added clarifying the use of this "drive- through" area. Access from the easterly driveway on Los Angeles Avenue will be restricted to right -in /right out movements only. A condition of approval will be included that, if determined necessary, a deceleration lane will be provided on the west side of the westerly 000021 Honorable Planning Commission June 14, 2005 Page 7 driveway, subject to review and approval of the Community Development Director and City Engineer. Access from Park Lane, Park Crest Lane and Moorpark Avenue will provide sufficient opportunities to access Los Angeles Avenue, either eastbound or westbound, at controlled intersections. Setbacks: The Commercial Planned Development process allows for flexibility and creativity of development standards. The applicant has not requested any reduction in setback requirements. If a deceleration lane is required on Los Angeles Avenue, the Community Development Director may consider a reduction of the required thirty foot (30') setback for the length of the lane. If a reduced setback is not permitted, the applicant will be required to redesign that portion of the project adjacent to the deceleration lane. This may include reducing the number of parking spaces, and proportionally reducing the building area to maintain a legal parking ratio. Parking: The applicant is proposing 376 parking spaces, which exceeds the code requirement by eight (8) spaces. Parking layouts may change during the plan check process or subsequent modifications or peirmit adjustments; however, the parking ratio may never be reduced below that required by code. Consistent with the pedestrian orientation of the center, patio dining areas and courtyards are included. Under the parking ordinance, no parking is required for outdoor dining and seating areas. An industry standard ratio for parking in commercial "centers" is five parking spaces per thousand gross square feet of floor area (5:1000), as this allows for flexibility between retail, office, and restaurant tenants. Using this standard ratio, the required parking would be 372 spaces. Staff has added a condition of approval requiring, that, regardless of tenant mix or future modifications, the parking ratio shall never be less than five (5) parking spaces per one - thousand (1000) square feet of gross floor area. Findings Commercial Planned Development Permit Findings: The following draft findings are provided for Planning Commission consideration: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and other applicable regulations in that the proposed project meets or exceeds the Ordinance requirements for setbacks, 000022 Honorable Planning Commission June 14, 2005 Page 8 parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. B. The site design would not create negative impacts on or impair the utility of properties, structures, or uses in the surrounding area in that the design includes provisions for reciprocal access with the property to the west and does not affect the use of neighboring properties and buildings. C. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the proposed building colors and architecture are 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 properties. 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: Date Application Determined Complete: March 21, 2005 Planning Conmtission Action Deadline: n/a City Council Action Deadline: 60 days after City Council adopts the Mitigated Negative Declaration, not later than November 15, 2005 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. 000023 Honorable Planning Commission June 14, 2005 Page 9 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. The Director has reviewed this project and has determined through the preparation of an Initial Study that this project, with the inclusion of mitigation measures, would not have a significant effect on the environment. Therefore, a Mitigated Negative Declaration has been prepared, to be considered for adoption by the City Council. STAFF RECOMMENDATION 1. Continue to accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2005 -02. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan With Data B. Enlarged Site Plan C. Building "AB" Elevations /Site Plan D. Building "CD" Elevations /Site Plan E. Building "E" Elevations /Site Plan F. Building "F" Elevations /Site Plan G. Building "G" Elevations /Site Plan H. Building "H" Elevations /Site Plan 4. Mitigated Negative Declaration with Initial Study 5. Draft PC Resolution with Conditions of Approval 000024 K MITIGATED NEGATIVE DECLARATION • CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Mitigated 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: June 3, 2005 to July 5, 2005 Project Title /Case No.: Tuscany Square Project Location: Southwest Corner of Moorpark Avenue and Los Angeles Avenue, Moorpark, Ventura County. (Location Map Attached) Project Description: Commercial Planned Development 2005 -02, to allow construction of a 74,818 square foot commercial center on 6.96 acres of vacant land. (Environmental Information Form Attached) Project Type: X Private Project Public Project Project Applicant: Tuscany Square Partners, LLC, 29395 Agoura Road, #204 Agoura Hills, CA. 91301 Finding: After preparing an Initial Study for the above - referenced project, revisions have been made by or agreed to by the applicant consistent with the mitigation measures identified in the Initial Study. With these revisions, 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: California Department of Transportation Trustee Agencies: California Department of Transportation, County of Ventura Attachments: Location Map Initial Study Contact Person: Joseph Fiss Community Development Department City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6226 SACommunity Development \DEV PMTS \C P D \2005 \02 Tuscany Square \ENV \Proposed ND.doc CC ATTACHMENT 6 000025 Project Title: Tuscany Square Tuscany Square CPD 2005 -02 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Case No.: CPD 2005 -02 Contact Person and Phone No.: Joseph Fiss, Principal Planner Name of Applicant: Tuscany Square Partners, LLC. Address and Phone No.: 29395 Agoura Road, #204 Agoura Hills, CA. 91301 Project Location: South Side of Los Angeles Avenue Between Moorpark Avenue and Park Lane, Moorpark, CA General Plan Designation: C -2 (General Commercial) Zoning: CPD Project Description: Construction of a 74,818 square foot shopping center on 6.96 Acres. Surrounding Land Uses and Setting: North: Commercial South: Multiple Family Residential East: Commercial/Multiple Family Residential West: Commercial Responsible and Trustee Agencies: California Department of Transportation 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 "Less Than Significant With Mitigation, "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 HydrologyNVater Quality Land Use /Planning Mineral Resources Noise Population /Housing Public Services Recreation X TransporiationfTraffic Utilities/Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared by: Joseoh Fiss, Principal Planner Reviewed by: David Bobardt Date: June 1. 2005 Date: June 1. 2005 \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \C P D\2005 \02 Tuscany Square \ENV\Inital Study.docI 000026 Tuscany Square CPD 200 -02 INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM 1. Prior to the issuance of the first building permit, the applicant shall contribute fees to the City's Transportation Systems Management Program to offset increases in NOx emissions in excess of 25 pounds per day during the first 3 years of operation, unless the City has adopted a formal Transportation Systems Management Fee Program, in which case such fees shall apply to this project. Currently estimated at $43,016.85 for this project, the Community Development Director shall calculate the emissions and fees using the latest URBEMIS model at the time of building permit issuance. Monitoring Action: Receipt of fees Timing: Prior to issuance of first building permit Responsibility. Community Development Director 2. A Citywide Traffic Mitigation Fee shall be paid to fund public street and traffic improvements directly or indirectly affected by the development. The fee shall be paid in accordance with fee requirements in effect at the time of zoning clearance application. Monitoring Action: Receipt of fees Timing: Prior to issuance of first building permit Responsibility: Community Development Director 3. Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair -share contribution for intersection improvements relating to the project. The level of fair -share participation will be to the satisfaction of the City Engineer based on the traffic report prepared for the project and the extent of the impact to these intersections, if any. Monitoring Action: Receipt of fees Timing: Prior to issuance of first building permit Responsibility: Community Development Director 4. Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area in which the project is located. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. Monitoring Action: Receipt of fees Timing: Prior to issuance of first building permit Responsibility: Community Development Director \Wor_pH_serv\City Share\Community Development\DEV PMT%C P M2005 \02 Tuscany SquarelENVllnital Study.doc2 000027 Tuscany Square CPD 2005 -02 AGREEMENT TO PROPOSED MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public review. I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN, CONSTRUCT! RN OR OP RATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE - LISTED MITIGATIOI�F MEASURV� THE PROJECT. (, ... 2. - -CS Date \ \Mor_pri_sery \City Share \Community Development\DEV PMTS \C P D\2005\02 Tuscany Square \EWInital Study.doO 000028 A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? 2) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or quality of the site and its surroundings? 4) Create a new source of substantial fight or glare which would adversely affect day or nighttime views in the area? Tuscany Square CPD 2005 -02 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact x Response: There are no scenic vistas on the site. The development will not obstruct any scenic vistas or damage scenic resources. The project , as an urban infill project, would not substantially increase existing light and glare in the area. Sources: Project Application, General Plan Land Use Element (1992), Mitigation: None required 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 existing zoning for agricultural use, or a Williamson Act contract? 3) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: Sources: X There will be no affect upon farmland. This property is not in a significant farmland area and is zoned for commercial use. California Dep't of Conservation: Ventura County Important Farmland Map (2002) \ \Mor_pri_serv\City SharelCommunity Development \DEV PMTS\C P 13\2005W2 Tuscany Square\ENVllnital Sludy.doc4 000029 Tuscany Square CPD 2005 -02 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Mitigation: None required. C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the x applicable air quality plan? 2) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of X any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant x concentrations? 5) Create objectionable odors affecting a substantial number X of people? Response: The project will exceed the Ventura County Air Pollution Control District's suggested threshold of 25 Ibs of NOx emissions per day during the first 3 years of operation. As a standard condition, the applicant is required to pay a Transportation Systems Management contribution fee to help fund clean air programs. For this project, fees estimated at $43,016.85 would provide sufficient funding to offset increases in air pollution above the threshold. Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2003), URBEMIS 2002 Miti aq tion: Prior to the issuance of the first building permit, the applicant shall contribute fees to the City's Transportation Systems Management Program to offset increases in NOx emissions in excess of 25 pounds per day during the first 3 years of operation, unless the City has adopted a formal Transportation Systems Management Fee Program, in which case such fees shall apply to this project. Currently estimated at $43,016.85 for this project, the Community Development Director shall calculate the emissions and fees using the latest URBEMIS model at the time of building permit issuance. 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 by the 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 \ \Mor_pri_serv\City Share \Community Development \DEV PMTS\C P D12005\02 Tuscany Square \ENVVnital Study.doc5 X X 000030 Tuscany Square CPD 2005 -02 6) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or stale habitat conservation plan Response: There are no significant biological resources on site. The project is an urban infill project and is not adjacent to the Arroyo Simi or any other biological resources. Sources: Project Application, California Department of Fish and Game: Natural Diversity Data Base- Moorpark and Simi Valley Quad Sheets (1993), Mitigation: None Required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance x of 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: No cultural resources have been identified on the property. The site has been previously graded, and the chance of discovering new resources is remote. Compliance with applicable State and Federal laws will avoid any adverse impact. Sources: Project Application Mitigation: None required. \ \Mor_pri_seMCity Share \Community Development \DEV PMTS \C P D\2005\02 Tuscany Square \ENV\lnital Study.doc6 000031 Less Than Potentially Significant Less Than Significant With Significant No Impact Miti ation Impact Impact wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 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 stale habitat conservation plan Response: There are no significant biological resources on site. The project is an urban infill project and is not adjacent to the Arroyo Simi or any other biological resources. Sources: Project Application, California Department of Fish and Game: Natural Diversity Data Base- Moorpark and Simi Valley Quad Sheets (1993), Mitigation: None Required. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance x of 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: No cultural resources have been identified on the property. The site has been previously graded, and the chance of discovering new resources is remote. Compliance with applicable State and Federal laws will avoid any adverse impact. Sources: Project Application Mitigation: None required. \ \Mor_pri_seMCity Share \Community Development \DEV PMTS \C P D\2005\02 Tuscany Square \ENV\lnital Study.doc6 000031 Tuscany Square CPD 2005 -02 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 of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste Response: Standard conditions of approval will be placed on the project by the City Engineer to address geologic and soil conditions. The applicant shall be required comply with the recommendations the geotechnical report prepared for the site area. Sources: Project Application, General Plan Safety Element (2001) Mitigation: None required. 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 \ \Mor_pri_serv\City Share \Community Development \DEV PMTS \C P D\2005 \02 Tuscany Square\ENV\Inital Study.doc7 X X 000032 Tuscany Square CPD 2005 -02 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 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, within two miles of a public airport of public use airpW, would the project result in a safely 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 Response: No hazards or hazardous materials have been identified on the site. Sources: Project Application, General Plan Safety Element (2001) Mitigation. None required. H. HYDROLOGY AND WATER QUALITY — Would the project: i) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X 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 off -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? \ \Mor_pri_serv\City Share \Community Development \DEV PMTS\C P D\2005 \02 Tuscany Square \ENV\Inital Study.doc8 X X 000033 Tuscany Square CPD 200.5 -02 8) Place within a 100 -year flood hazard area structures X which 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? ii) inundation by seiche, tsunami, or mudflow? X Response: Standard conditions of approval will be imposed to adequately address water quality and hydrology issues. Sources: Project Application, General Plan Safety Element (2001) Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? X 2) Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Resoon : The property is currently zoned for commercial uses. The proposal meets the development standards within the Municipal Code and the General Plan. Sources: Project Application, General Plan Land Use Element (1992) Wor_pri_serv\City Share \Community DevelopmentlDEV PMTS\C P D\2005 \02 Tuscany Square \ENV\Inital Study.doc9 000034 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 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 flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures X which 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? ii) inundation by seiche, tsunami, or mudflow? X Response: Standard conditions of approval will be imposed to adequately address water quality and hydrology issues. Sources: Project Application, General Plan Safety Element (2001) Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? X 2) Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Resoon : The property is currently zoned for commercial uses. The proposal meets the development standards within the Municipal Code and the General Plan. Sources: Project Application, General Plan Land Use Element (1992) Wor_pri_serv\City Share \Community DevelopmentlDEV PMTS\C P D\2005 \02 Tuscany Square \ENV\Inital Study.doc9 000034 Tuscany Square CPD 2005 -02 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Mitigation: None required. J. MINERAL RESOURCES - Would the project: t) 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 mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: There are no known mineral resources on the site. Sources: General Plan Open Space, Conservation, and Recreation Element (1986) 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? X 2) Exposure of persons to or generation of excessive X groundbome vibration or groundbome noise levels? X 3) A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project 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 X the project expose people residing or working in the project area to excessive noise levels? \\Mor_pri_serv\City Share \Community Development\DEV PMTS \C P D\2005 \02 Tuscany Square \ENV \Inital Study.docl0 000035 Tuscany Square CPD 2005 -02 Less Than Potentially Significant Less Than Significant With Significant No Response: Standard conditions of approval have been placed on the project to adequately address any potential noise issues. Outdoor equipment must comply with the City's noise standards. Construction activity hours are limited and construction is not allowed on Sundays. Additionally, construction activities such as requiring staging areas, regulating haul routes and other requirements to limit noise activities are required. Sources Project Application, General Plan Noise Element (1998) Mitigation: None required. 11Mor_pri_sery \City Share \Community Development\DEV PMTS \C P D2005 \02 Tuscany SquarelENV\Inital Sludy.docl 1 000036 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? Tuscany Square CPD 2005 -02 X X X Response: The development is not proposing any new dwelling units, nor displacing any dwelling units. The commercial uses proposed are to serve the existing population. Sources: Project Application 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 performance objectives for any of the public services: X Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Response: Conditions of approval and Development fees are collected by agencies in order to alleviate potential adverse impacts on public services. The applicant is required to obtain approvals of the Fire Protection District, Police Department, Water District and other applicable agencies prior to obtaining a building permit. Sources: Project Application, General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. \ \Mor_pri_serv\City Share\Community Development \DEV PMTS \C P D\2005M Tuscany Square \ENVUnital Study.docl2 00003'7 N. RECREATION 1) Would the project increase the use of existing 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 the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X X Tuscany Square CPD 2005 -02 Response: This commercial project will be conditioned to provide a contribution to the City's recreational and parks program. Sources: Project Application, General Plan Open Space, Conservation, and Recreation Element (1986) 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 bad and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 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 traffic 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)? Response: Standard conditions of approval will be applied to this project for contributions to affected roads and intersections. Mitigation is included that the project contribute to the City's Los Angeles Avenue Area of Contribution Fee and the Citywide Traffic Impact Fee to offset cumulative project impacts. This proposal is consistent with the Circulation Element and the Zoning Code Sources: Project Application, General Plan Circulation Element (1992), \\Mor_pri_serv\City Share\Community Development \DEV PMTS \C P D \2005 \02 Tuscany Square\ENV\Inital Study.doc13 r Tuscany Square CPD 2005 -02 Mitigation: Prior to issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee to fund public street and traffic improvements directly or indirectly affected by the development. The fee shall be paid in accordance with fee requirements in effect at the time of final map approvallbuilding permit application. Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair -share contribution for intersection improvements relating to the project. The level of fair -share participation will be to the satisfaction of the City Engineer based on the traffic report prepared for the project and the extent of the impact to these intersections, if any. Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area in which the project is located. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 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 project from existing entitlements and resources, or are new or expanded entitlements needed? X 5) Result in a determination by the 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 regulations related to solid waste? Kesoonse: The project is required to enter into agreements and provide adequate utility and service systems prior to the issuance of a building permit for construction. Sources: Project Application, Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002) \\Mor _pri_sery \City Share \Community Development \DEV PMTS \C P D\2005\02 Tuscany Square\ENV\Inital Study.docl4 0000419 Mitigation: None required. Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable' means that the incremental effect 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)? Tuscany Square CPD 2005 -02 X 3) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? Response: The site has been previously disturbed, is surrounded by urban development, and is zoned for commercial development. No endangered species or habitats have been identified on this site. No cumulative impacts have been identified. Sources: Project Application Earlier Environmental Documents Used in the Preparation of this Initial Study Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. Project application and materials submitted on 3/25/05 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. The Moorpark Municipal Code, as amended. \ \Mor_pri_serv\City Share\Community Development \DEV PMTS \C P D \2005102 Tuscany Square \ENV1lnital Study.docl5 Tuscany Square CPD 2005 -02 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. 2004 -2224 & Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. Ventura County Air Quality Assessment Guidelines, October 31, 2001 Wor_pri_seMCity Share \Community DevelopmenNDEV PMTSIC P WOOS= Tuscany Square\ENVllnital Study.doc16 000041 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT NO. 2005 -02 TO ALLOW CONSTRUCTION OF AN APPROXIMATELY 74,402 SQUARE FOOT RETAIL COMMERCIAL SHOPPING CENTER ON APPROXIMATELY 6.96 ACRES ON THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND MOORPARK AVENUE ON THE APPLICATION OF TUSCANY PARTNERS, LLC. WHEREAS, on June 14, 2005 the Planning Commission adopted Resolution No. PC- 2005 -479, recommending conditional approval of Commercial Planned Development Permit No. 2005 -02 for the construction of an approximately 74,402 square foot retail commercial shopping center on approximately 6.96 acres on the Southwest corner Of Los Angeles Avenue And Moorpark Avenue; and WHEREAS, at a duly noticed public hearing held on August 31, 2005, the City Council considered the agenda report and any supplements thereto and any written public comments; opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the City Council considered the proposed Mitigated for the project referenced above. has read, reviewed, and Negative Declaration prepared NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The City Council finds and declares as follows: A. The Mitigated Negative Declaration and Initial Study for the project are complete and have been prepared in compliance with CEQA, and City policy. B. The City Council has considered information in the environmental document in its deliberations of the project before making a decision concerning the project and the Negative Declaration. C. The Mitigation Measures of this project have been incorporated into the project conditions of the accompanying Commercial Planned Development. CC ATTACHMENT 7 000042 Resolution No. 2005 - Page 2 D. The City Council's approval of the project and the Mitigated Negative Declaration represents an independent action based upon the City Council's independent judgment. SECTION 2. CITY COUNCIL ADOPTION: The Mitigated Negative Declaration prepared in connection with Commercial Planned Development (CPD) No. 2005 -02 is hereby adopted. SECTION 3. COMMERCIAL PLANNED DEVELOPMENT PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and other applicable regulations in that 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 site design would not create negative impacts on or impair the utility of properties, structures, or uses in the surrounding area in that the design includes provisions for reciprocal access with the property to the west and does not affect the use of neighboring properties and buildings. C. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the proposed building colors and architecture are 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 properties. SECTION 4. CITY COUNCIL APPROVAL: The City Council hereby approves Commercial Planned Development Permit No. 2005 -02, subject to Special and Standard Conditions of Approval attached hereto and incorporated herein as Exhibit A. SECTION 5. 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. 000043 Resolution No. 2005 - Page 3 PASSED AND ADOPTED this 31st day of August, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A - Special and Standard Conditions of Approval for Commercial Planned Development Permit No. 2005 -02 000044 Resolution No. 2005 - Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT 2005 -02 SPECIAL CONDITIONS 1. The landscape plan shall incorporate specimen size trees and other substantial features subject to the review and approval of the Community Development Director. Prior to the issuance of a grading permit, a tree survey shall be prepared to determine the valuation of the mature trees to be removed. Enhanced replacement landscaping of equal or greater value, as determined by the Community Development Director, shall be installed in accordance with the Tree Ordinance. 2. Earthen berms, hedges and /or low walls shall be provided where needed to screen public views of parked vehicles from adjacent streets subject to the satisfaction of the Community Development Director. 3. The applicant shall architecturally enhance the rear elevations (elevations facing Park Crest Lane) to the satisfaction of the Community Development Director. 4. The courtyard design in front of Building C shall be redesigned to reflect a more "child friendly" interactive environment. The redesign shall be to the satisfaction of the Community Development Director. 5. The pedestrian connections between Building G and H shall be strengthened as well as the pedestrian connections to the apartments to the south. The redesign shall be to the satisfaction of the Community Development Director. 6. 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 ingress /egress access, drainage and parking to the adjacent property to the west. 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 west of this property, as an easement appurtenant for parking, ingress /egress access purposes and all uses 000045 Resolution No. 2005 - Page 5 appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required pertinent documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer and the City Attorney. 7. On -site sale of alcoholic beverages without prior approval of a Conditional Use Permit is prohibited. 8. The Applicant shall dedicate and improve the street frontage on Los Angeles Avenue, Moorpark Avenue and Park Crest Lane in accordance with the City's ultimate improvements for that location including any necessary reconstruction of existing improvements. The dedication shall include all vehicular access rights except at City (Park Crest and Moorpark Avenue) and Caltrans and City (Los Angeles Avenue) approved locations. Any required vacations shall be subject to review and approval by the Community Development Director and City Engineer. Prior to issuance of a grading permit, the applicant shall submit all necessary application material and shall reimburse the City of Moorpark for all costs involved. A Curb- Parkway- Sidewalk design shall be required for all street frontages. 9. 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. 3-6 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). 10. Lighting fixtures shall be architecturally compatible with the buildings and landscaping. Security and parking lot lighting shall not be attached to the buildings. 11. The architectural details on the south side of Buildings "A" and "C" shall be shown on the elevations and site plans and be provided on the final drawings prior to plan check submittal. 000046 Resolution No. 2005 - Page 6 12. The second story windows of Building "H" shall be modified, subject to review and approval of the Community Development Director prior to plan check submittal. 13. The second story windows of Building "B" shall be modified, subject to review and approval of the Community Development Director prior to plan check submittal. 14. Visible roof ladders, equipment, vents, exterior drains and scuppers shall be prohibited subject to the review and approval of the Community Development Director. 15. Ground mounted utility boxes and equipment shall be screened with landscaping subject to the review and approval of the Community Development Director. 16. All gas, electric, water and any other utility meters or boxes shall be screened to the degree allowable by the utility companies, and subject to the review and approval of the Community Development Director. 17. The "drive- through" at Building "G" shall be restricted to a bank teller window, an ATM, a pharmacy, a coffee shop window or other similar use as approved by the Community Development Director. Building "G" shall not be used as a fast food restaurant, with or without "drive- through ", unless a ffiModification is approved . 18. Access from the easterly driveway on Los Angeles Avenue will be restricted to right -in /right out movements only. A deceleration lane shall be provided on the west side of the westerly driveway, subject to review and approval of the Community Development Director and City Engineer. Left turns from the westerly driveway may be restricted or prohibited in the future. 19. Prior to the occupancy of the first commercial space, the applicant /owner shall provide a signed agreement with language satisfactory to the City Attorney and Community Development Director, acknowledging his /her understanding that left turn ingress and egress access from the Los Angeles Avenue driveway serving this project may be restricted or prohibited in the future. 19.20. Regardless of the tenant mix or future modifications, the parking ratio shall not be less than five (5) parking spaces per one - thousand (1000) square feet of gross floor area. 00004'7 Resolution No. 2005 - Page 7 20.21.The applicant shall obtain all necessary permits from the California Department of Transportation Office of Permits for work within the Highway 118 right -of -way. 21.22.Convenience stores open to the public during hours of darkness shall have a drop safe, and the cashier will maintain a minimum amount of cash in the register drawer, and shall have close circuit television recording actions of customers and cashiers. The television system must be of a quality that the persons caught on video can easily be identifiable and shall be capable of recording a twenty - four (24) hour time frame. The business shall maintain a thirty (30) day library of tapes. 22.23.No commercial signage shall be permitted on the Park Crest Lane (south) or Moorpark Avenue (east) building elevations. Monument signs may be permitted en Park Lane and Moorpark Avenue, consistent with the sign ordinance and a sign program as approved by the Community Development Director. 23.24.Prior to occupancy of the first commercial space the applicant shall install "NoraY T Stopping Any Time" signs on Moorpark Avenue, Park Crest Lane, PaL� and Los Angeles Avenue. The design and location of the signs shall be to the satisfaction of the City Engineer. 24.25.Prior to the occupancy of the first commercial space the applicant shall form an Assessment District [herein "Back - Up District "] to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back -Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy 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 never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. The aforementioned tl l •: Resolution No. 2005 - Page 8 backup district may include the landscape setbacks includinq an irrevocable access easement Qiven to the Citv. 26. Prior to issuance of an occupancy permit for the first commercial space, the applicant shall restripe and install any signage required by the city engineer at the intersection of Park Lane and Park Crest Lane, subject to the review and approval of the City Engineer and Communit Development Director. 27. Hours of operation shall be from 6:00 a.m. to 10:00 p.m. unless otherwise approved by Conditional Use Permit or these Conditions of Approval. Any maintenance, cleaning, sweeping of the exterior area of the buildings shall be performed during these hours. 28. Loading and unloading operations are allowed only between the hours of 6 :00 a.m. and 10:00 p.m. More restrictive hours for loading and unloading may be imposed by the Community Development Director if there are noise and other issues that make the loading and unloading incompatible with the adjacent residential uses. There shall be no idling of trucks while loading or unloading. 29. Prior to the issuance of a Certificate of Occupancy for the first commercial space, the applicant shall enter into the standard Caltrans tri -party agreement for the maintenance of the parkway landscaping along Los Angeles Avenue. 30. All restaurants shall install "best available technology" (BAT) odor reducing or elimination equipment in the kitchen area to reduce or eliminate outdoor cooking odors. The BAT shall be subject to review and approval by the Community Development Director. STANDARD CONDITIONS A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of 5111 Resolution No. 2005 - Page 9 Approval of this entitlement. The Affidavit of Agreement /Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 2. This planned development permit shall expire one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his /her discretion, grant up to two (2) additional one -year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 3. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and /or plans. 4. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 5. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this project are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance. 6. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall cease in the immediate area and the find shall be left untouched. The applicant shall assure the preservation of the site and immediately contact the Community Development Director informing the Director of the find. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, 000050 Resolution No. 2005 - Page 10 whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected shall be approved by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 7. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. 8. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification 000051 Resolution No. 2005 - Page 11 consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 10. Entitlement Processing: Prior to the issuance of any Zoning Clearance, entitlement, building permit, grading permit, or advanced grading permit the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment shall be made within sixty (60) calendar days of approval of this entitlement. 11. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 12. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Department, capital improvement, development, and processing fees at the current rate in effect. Said fees include, but are not limited to building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 13. Parks: Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department Park and Recreation Fees of $0.50 per square foot of building area. 14. Tree and Landscape: Prior to or concurrently with the issuance of a building permit the Tree and Landscape Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. 15. Fire Protection Facilities: Prior to or concurrently with the issuance of a building permit, current Fire Protection 000052 Resolution No. 2005 - Page 12 Facilities Fees shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 16. Library Facilities: Prior to or concurrently with the issuance of a building permit the Library Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 17. Police Facilities: Prior to or concurrently with the issuance of a building permit the Police Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 18. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. This fee shall be no less than fifteen cents ($0.15) per square foot of building area.-- - -- - - 19. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair -share contribution for intersection improvements relating to the project. The level of fair share participation will be to the satisfaction of this City Engineer based on standard trip generation rates for commercial shopping center developments, applied to the intersections identified in the Archstone Apartments (RPD 1997 -01) and Vintage Crest /USA Properties (RPD 2000 -02) traffic reports, to the extent of the project impacts to these intersections. 20. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential projects, or by use for commercial and industrial projects, based upon the effective date of approval of the entitlement. Commencing on the first of the year of this approval, and annually thereafter, the fee 000053 Resolution No. 2005 - Page 13 ($22,838.00 per acre) shall be increased to reflect the change in the Galtrans —State Highway Bid Price Index4-9R Engineering News — Reeerd-- r3enstre #ren lindex) for the twelve (12) month period 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 current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. In the event the Bid Price Index referred to above in this condition is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the Bid Price Index had not be discontinued or revised. 21. Area of Contribution: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area in which the project is located. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 22. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a building permit, whichever occurs first the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 23. Schools: Prior to issuance of building building, the applicant shall provide wri Community Development Department that all school impact fees applicable at the time building permit have been paid to the School District. permits for each tten proof to the legally mandated of issuance of a Moorpark Unified 24. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall contribute to the Art in Public Places Fund in the amount of $0.10 per each square foot of building area, to be submitted to the Community Development Department. If the applicant is required to provide a public art project on or off -site in lieu of contributing to the Art in Public Places Fund the art work shall have a value corresponding to or greater than the contribution, 000054 Resolution No. 2005 - Page 14 and shall be constructed prior to Final Occupancy of the first building. All art shall require approval by the Arts Committee prior to construction. 25. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and the Building and Safety Division the City's electronic image conversion fee for entitlement /condition compliance documents; Final Map/ engineering improvement plans /permit documents; and building plans /permit documents, respectively. 26. Fish and Game: Within two (2) business days after the City Council adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark two separate checks for Negative Declaration or Environmental Impact Report, and Administrative Fee, both made payable to the County of Ventura, in compliance with Assembly Bill 3158 for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 27. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department citywide Storm Drain Discharge Maintenance Fee. The fee shall be paid in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 28. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide comprehensive on -site sign arrangement and design consistent with the commercial /industrial center architecture and the City's Sign Ordinance requirements. 000055 Resolution No. 2005 - Page 15 29. For all flat roofed portions of buildings, a minimum eighteen -inch (1811) parapet wall above the highest point of the flat roof shall be provided on all sides. 30. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. 31. Exterior downspouts shall not be permitted unless designed as an integral part of the overall architecture and approved by the city as part of the planned development permit. 32. 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 from view on all four sides and painted to match the roof. All screening shall be maintained for the life of the permit. 33. 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, whichever is greater. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request the submittal of a noise study for review and approval. The noise study would need to show that the current project attenuates all on -site noise generation sources to the required level or provide recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 34. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, shall be architecturally screened from view with masonry wall and /or landscaping as determined by the Community Development Director. 35. A utility room with common access to house all meters and the roof access ladder shall be provided unless an alternative is approved by the Community Development Director. 000056 Resolution No. 2005 - Page 16 36. No exterior access ladders of any kind to the roof shall be permitted. 37. Parking areas shall be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 38. Prior to any re- striping of the parking area a Zoning Clearance shall be required. All disabled parking spaces and paths of travel shall be re- striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. 39. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 40. The Building Plans shall be in substantial conformance to the plans approved under this entitlement and shall specifically reflect the following: a. Transformer and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1) 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. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. C. Required loading areas with 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle and as required by the Community Development Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. d. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and 000057 Resolution No. 2005 - Page 17 paint colors are subject to the review and approval of the Community Development Director. e. 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. f. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins shall use impermeable pavement, be designed to have a cover and so that no other area drains into it, The 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, City Engineer and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas shall be connected to the sewer system, and are subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. 41. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordance with the requirements of the local Postmaster. 42. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) shall only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director shall be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. 43. When required by Title 15 of the Moorpark Municipal Code, rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer. 000058 Resolution No. 2005 - Page 18 OPERATIONAL REQUIREMENTS 44. Loading and unloading operations are allowed only between the hours of 6:00 a.m. and 10:00 p.m. unless additional hours are approved by the City Council. 45. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 46. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he /she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Modification to the entitlement. 47. The applicant agrees not to protest the formation of an underground Utility Assessment District. 48. The continued maintenance of the subject site and facilities shall be subject to periodic inspection by the City. The Applicant and his /her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days from written notification. 49. No noxious odors shall be generated from any use on the subject site. 50. 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. 51. Should continued compliance with these Conditions of Approval not be met the Community Development Director may declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be 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 000059 Resolution No. 2005 - Page 19 assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 52. 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. 53. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 54. Prior to or concurrently with the issuance of a Zoning Clearance for 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 Vehicle Code. 55. Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. 56. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 57. The building manager or designee shall be required to conduct a routine on -site waste management education program to educating and alerting employees and /or residents to any new developments or requirements for solid waste management. This condition shall be coordinated through the City's Solid Waste Management staff. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 58. Prior to the issuance of a Zoning Clearance for building permits the applicant shall submit to the Community Development Director for review and approval, with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect OOOOGO Resolution No. 2005 - Page 20 and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls shall be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan shall maintain proper vehicle sight distances subject to the review of the City Engineer, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 59. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, shall be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, shall be in conformance with the Moorpark Municipal Code. 60. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping constructed as a requirement of the project, whether said parkway landscaping is within the street right -of -way or outside of the street right -of -way. Any parkway landscaping outside of the street right -of -way shall be within a landscape easement. 61. All required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 62. Tree pruning, consisting of trimming to limit the height and /or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited and will be considered a violation of the Conditions of Approval. 63. When available, use of reclaimed water shall be required for landscape areas subject to the approval of the Community Development Director, the City Engineer and Ventura County Waterworks District No. 1. 00006 Resolution No. 2005 - Page 21 64. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice 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 Community Development Director and City Engineer for review and approval prior to the issuance of a building permit. 65. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 66. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot boundaries shall be in place, unless an alternative installation is approved by the Community Development Director. C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 67. Grading, drainage and improvement plans and supporting reports and calculations shall be prepared in conformance with the "Land Development Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by BNI (except for signs, traffic signals and appurtenances thereto; for signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation); "Engineering Policies and Standards" of the City of Moorpark, "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed above, the criteria that provide the higher lever of 000062 Resolution No. 2005 - Page 22 quality and safety shall prevail. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project shall be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer. 68. The applicant and /or property owner shall provide verification to the City Engineer that all on -site storm drains have been 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 depending upon site and weather conditions. 69. All paved surfaces; including, but not limited to, the parking area and aisles, drive - through lanes, on -site walkways shall be maintained free of litter /debris. Walkways, parking areas and aisles and drive - through lanes shall be swept, washed or vacuumed regularly. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 70. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans Mylare sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. (Water and Sewer improvements plans shall be submitted to Ventura County Waterworks District No. 1 for approval.) 71. 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 and provide copies of these approved permits and the plans associated with the permits to the City Engineer. 72. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and particulate matter (aerosols /dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. 000063 Resolution No. 2005 - Page 23 73. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 74. 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. 75. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 76. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map the applicant shall post sufficient surety, in a form acceptable to the City Engineer, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non -point water discharges, landscaping, fencing, and bridges. Grading and improvements shall be designed, bonded and constructed as a single project. 77. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map, whichever occurs first, the applicant shall provide written proof to the City Engineer that any and all wells that may exist or have existed within the project have been properly sealed or have been destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. PUBLIC AND PRIVATE STREETS 78. Prior to construction of any public improvement the applicant shall submit to the City Engineer, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all 000064 Resolution No. 2005 - Page 24 improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. 79. Prior to issuance of the first building permit all existing and proposed utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. DRAINAGE AND HYDROLOGY 80. For a 10 -year frequency storm, local, residential and private streets shall be designed to have one dry travel lane available on interior residential streets. Collector streets shall be designed to have a minimum of one dry travel lane in each direction. 81. Drainage and improvement plans shall be designed so that after - development, drainage to adjacent parcels would not be increased above pre- development drainage quantities for any stormwater model between and including the 10 -year and 100 -year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project shall be in type, kind and nature of predevelopment flows unless the affected upstream and /or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows shall be provided to the satisfaction of the City Engineer. The applicant shall make any on -site and downstream improvements, required by the City, to support the proposed development. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) 82. The applicant shall submit to the City Engineer a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002. The Plans shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended Best Management Practice (BMP) to effectively prohibit the entry of pollutants from the construction site into the storm drain system streets and water courses. The Plans shall be implemented as part of the grading, improvements and development of the project. OOOOGS Resolution No. 2005 - Page 25 83. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of permit application. The improvement plans and grading plans shall contain the WDID number for the project. 84. Prior to the starting of grading or any ground disturbance the applicant shall identify a qualified superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practice. The NPDES superintendent shall provide proof of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practice. In addition, an NPDES superintendent shall be designated to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. MAINTENANCE 85. Unless otherwise stipulated in the Special Conditions of Approval, any median landscaping constructed by the project shall be maintained by the City. An Assessment District shall be formed to fund the City maintenance costs for any such median landscaping. 86. Unless otherwise stipulated in the Special Conditions of Approval, parkway landscaping shall be maintained by a Home Owners' Association, a Property Owners' Association or by the property owner [collectively herein "Private Responsible Party "] . In such case, any required landscape easements, shall be conveyed to the Private Responsible Party. 000066 Resolution No. 2005 - Page 26 87. Unless otherwise stipulated in the Special Conditions of Approval, all required on -site drainage improvements and /or stormwater quality [NPDES] features or facilities shall be maintained by the Private Responsible Party. 88. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping and /or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscaping and /or drainage improvements shall be conveyed to the City in easements for such purposes. 89. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 90. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back - Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy 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 never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 91. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the 000067 Resolution No. 2005 - Page 27 applicant shall be required to undertake and complete the following: a. At least one - hundred - twenty (120) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas "] to be maintained by the Assessment District (including a required Back -Up District) , along with any required plan checking fees; ii. submit a check in the amount of $5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.]; b. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and NPDES Drainage Improvements); C. Prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit `A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City.] D. Please contact the BUILDING DIVISION for compliance with the following conditions: 92. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter" for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. Resolution No. 2005 - Page 28 E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 93. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 94. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 95. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. Once combustible construction starts a minimum twenty -foot (20') clear width access road /driveway shall remain free of obstruction during any construction activities within the development. All access roads /driveways shall have a minimum vertical clearance of thirteen feet -six inches (13' -611) and a minimum outside turning radius of forty feet (40'). 96. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not exceed a five percent cross slope in any direction and shall be located within one - hundred -fifty feet (150') of the end of the access road /driveway. 97. The access road /driveway shall be extended to within one - hundred -fifty feet (150') of all portions of the exterior wall of the first story of any building and shall be in 000069 Resolution No. 2005 - Page 29 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. 98. When only one (1) access point is provided, the maximum length shall not exceed eight- hundred feet (800'). 99. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 100. Approved walkways shall be provided from all building openings to the public way or Fire District access road /driveway. 101. Structures exceeding three stories or forty- eight -feet (481) in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy -five- feet (751) in height shall be subject to Fire District high rise building requirements. 102. 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 Ventura County Fire Protection District Ordinance. 103. 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 of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. DEVELOPMENT REQUIREMENTS 104. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 105. Minimum six -inch (611) high address numbers shall be installed prior to occupancy, shall be contrasting color to the background, and shall be readily visible at night Brass or gold plated number shall not be used. Where structures are set back more that one - hundred -fifty feet (1501) from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 000070 Resolution No. 2005 - Page 30 106. Prior to combustible construction, fire hydrants shall be installed to the minimum standards of the City of Moorpark and the Fire District, and shall be in service. 107. 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 still be installed and shall be replaced when the final asphalt cap is completed. 108. Prior to the issuance of a building permit, building plans for all A, E, H, I, R -1 and R -2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. Prior to issuance of a building permit the applicant shall submit a phasing plan and two ( 2 ) site plans ( for the review and approval of the location of fire lanes) to the Fire District. 109. Prior to occupancy the fire lanes shall be posted "NO PARKING FIRE LANE TOW - AWAY" in accordance with California Vehicle Code and the Fire District. 110. Prior to or concurrently with the issuance of a building permit the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three - hundred feet (3001) of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. 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. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 111. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one - hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 112. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the 000071.. Resolution No. 2005 - Page 31 required fee for plan check, to the Fire District for review and approval. The fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code. 113. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 114. Prior to the issuance of a building permit the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 115. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 116. Prior to framing the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 117. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 118. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. 000072 Resolution No. 2005 - Page 32 g. Signed Contract to install all improvements and a Surety Bond. 119. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the Ventura County Waterworks District No. 1. H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 120. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 121. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. - END - 000073