Loading...
HomeMy WebLinkAboutAGENDA REPORT 2005 1005 CC REG ITEM 08DITEM $ '�b • CITY OF MIOORPAARK, GALWORNIAFA City'Council Meeting � � �...._. it � �• / MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director %.� Prepared By: David A. Bobardt, Planning Manag i1 -, DATE: September 26, 2005 (CC Meeting of 10/5/2005) SUBJECT: Consider General Plan Amendment No. 2004 -04, Commercial Planned Development No. 2004 -03 and Conditional Use Permit No. 2005 -04, Consisting of an Amendment to the Land Use Element that Would Allow Sales, Distribution and Warehousing in the City's Designated General Commercial Land Use Area and a Retail Center with a One -Story (With Mezzanine Level) 115,000 sq. ft. Single Tenant Building Over Thirty - Five Feet (351) in Height and a 17,500 sq. ft. One - Story Commercial Building on 8.15 -acres Located on the North Side of New Los Angeles Avenue /White Sage Road, Immediately East of the SR -23 Freeway, on the Application of Brian Poliquin BACKGROUND On September 22, 2005, the applicant submitted a General Plan Amendment application to amend text in the Land Use Element to allow for commercial distribution and warehousing in the General Commercial land use designation, along with a Commercial Planned Development application for an 115,000 sq. ft commercial building (Warehouse Discounter Center) and a 17,000 sq. ft. one - story commercial building. A Conditional Use Permit application was later requested to exceed the 35, height limit in the CPD zone for architectural elements on the 115,000 sq. ft. commercial building. On June 28, 2005, the Planning Commission adopted Resolution No. PC- 2005 -482, recommending approval of the proposed General Plan Amendment, Commercial Planned Development Permit, and Conditional Use Permit, with minor revisions to the project design, and subject to special and standard conditions of approval. A full analysis of this project is provided in the 000075 Honorable City Council October 5, 2005 Page 2 attached Planning Commission staff report. A Development Agreement for this project is also submitted for Council consideration on a separate agenda item. DISCUSSION The revisions to the project design recommended by the Planning Commission included enhancing the landscaping along the SR -23 Freeway frontage and the eastern property line where excess parking was proposed, recessing the windows deeper for added relief on the building walls, enhancing the pedestrian access between the two proposed buildings, and increasing the size of the materials for the pergola facing the SR -23 freeway. The applicant has revised the plans to incorporate these recommendations. Since the Planning Commission met, staff has added three additional recommended conditions (Special Conditions 2,3, and 4) to strengthen landscaping requirements to ensure that the trucks in the loading area are screened, to provide for a back -up maintenance district for publicly visible landscaping in case the property owner discontinues maintenance, and to provide a sidewalk on the north side of White Sage Road from the project driveway to the SR -23 northbound off -ramp, with a crosswalk connecting to the existing sidewalk on the south side of the street. These additional conditions are minor in nature and would not affect the recommendation of the Planning Commission. Government Code Section 65358 allows a maximum of four amendments to each mandatory General Plan element in any calendar year. So far this year, the City Council has amended the Land Use Element once (Shea Homes 102 -home project) . If this project is approved with the text amendment to the Land Use Element, the City Council would be able to amend the Land Use Element two more times this calendar year. It is not anticipated that this limitation would delay the consideration of any projects currently being processed. If needed, one General Plan Amendment could be used to amend the Land Use Element (text and /or land use map) for several properties concurrently. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. O0® ®i6 Honorable City Council October 5, 2005 Page 3 2. Adopt Resolution No. 2005- approving General Plan Amendment No. 2004 -04, Commercial Planned Development Permit No. 2004 -03, and Conditional Use Permit No. 2005 -04, subject to special and standard conditions of approval. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan B. Floor Plan Buildings A and B C. Exterior Elevations Buildings A and B D. Preliminary Landscape Plan 4. Initial Study 5. June 28, 2005 Planning Commission Agenda Report (without Attachments) 6. Draft Resolution with Conditions of Approval 000077 n H n z H H C C Gn T 1000' RADIUS MAP NORTH G PA 2004 -04, C P D 2004 -03, C U P 2005 -04 ow— VA 0 � _ JL 'mUllml 00. - 1� �l � r -- --_ I _ -fi t e --------- IF ml TT Y 7° (� I I�I 15, r ti `m r e F IL�43 -99E I tl l a W W :� J. �# n m LIJ • H - - -`— — — ail '{ I I I .I's l c ,!! t'4 ! t} ' f (tic • (� ` -- -'_- � p r �\ � -".'._ - ,rte r I if T � y 0 —.. J SITE PLAN (SEE CIVIL PLANS FOR GRADES, ELEV'S., AND DRAINAGE) - CONC. CURB SECTION PARTIAL TRASH ENCLOSURE DETAIL VICINITY MAP SITE STATISTICS /MAP LEGEND TITLE BLOCK /INDEX — == Il i �I �[� SITE F'Ahl I I- _ I I - � PCB -1Aj f-a TROOOO OaSE MNRNHZ)v.L.Ly oo ------------- Fl > X iz !-n ic C --1 F 7 ""II fj , ! � :! _RETAIL HOME SHOFH(NU 4, M..Ip.lk YSE Dll,:COIIIAV7 CEIV-1- C 0 0 0, W U3 Q 41 O IR ULAN )LNG B 0 Un C.) SOUTH ELEVATION WEST ELEVATION 'A EAST ELEVATION Scv[. NORTH ELEVATION — — _._____. -._/g/ --- -- —0) TITLE BLOCK/INDEX r— L F L F E%T NEI ....... . ... ........ —; .......... 11:311 ME NIXON n,._ h lwk " , NORTH ELEVATION — — _._____. -._/g/ --- -- —0) TITLE BLOCK/INDEX r— L F L F i7173/200. ,.;3 00 A;' r 0 D 1J s r! ATWNS D-4Aj E%T i7173/200. ,.;3 00 A;' r 0 D 1J s r! ATWNS D-4Aj C SOUTH ELEVATION NORTH E LEVATION - - _. EAST I AdMk I tMw IRII' EXTERIOR FINISHES i �1i irf�M-ni IiNUiNfllNtll 0 UJ 1:E HTT 711, cc Wilma 4.3 I Lxu I unm TITLE BLOCK/INDEX • XV I , K014 ! ., I ,, X.051, � 8 ®a a A V Mf Ji -Wo SOUTH ELEVATION NORTH E LEVATION - - _. EAST I AdMk I EXTERIOR FINISHES 0 UJ 1:E HTT 711, cc Lxu I TITLE BLOCK/INDEX EXTEfl10H ELEVATIONS TIETAILI 1PD -4B tlYld zl olz 13, a. 'i �A I i E-4 E-4 4 950000 I _ . t 1' r 1� — — — — — — — — — — - — — — — — — — —F— — - — — et— —o� �I E ¢ MRTOHL NE SEE PE. -4 r i - i E J E - . ' � gsfi a ReS� erte� n I P.4ao�G 'k V y ✓. ri- CE `£"d r r ,,. HiE -., e e�Ete l l'l f C4Fl iilJ 1Y1G X761 ®C�I��IM - �4 V, Project Title: Warehouse Discount Center Warehouse Discount Center C'F'D 2004 -01 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Case No.: CPD 2004 -03 and GPA 2004 -04 Contact Person and Phone No.: David Bobardt (805) 517 -6281 Name of Applicant: Brian Poliquin Address and Phone No.: 6400 Canoga Ave., Suite 215 Woodland Hills, CA 91367 (818) 313 -6813 Project Location: North side of New Los Angeles Avenue/White Sage Road, immediately east of the SR 23 Freeway General Plan Designation: General Commercial (C -2) Zoning: Commercial Planned Development (CPD) Project Description: Multi- tenant retail center with a 115,000 sq. ft. single tenant building and a 17,000 sq. ft. one -story retail building on a 8.15 -acre site and a General Plan Amendment that would allow distribution and warehousing in the City's designated general commercial land use area. Surrounding Land Uses and Setting: North: Open Space, Arroyo Simi South: Open Space and Manufacturing, Open Space and Special Devices Inc. East: Open Space, Arroyo Simi and Open Space West: Open Space and Freeway, Open Space and SR 23 Responsible and Trustee Agencies: City of Moorpark 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 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 Transportation /Traffic X Utilities/Service Systems Mandatory Findings of Significance None CC ATTACHMENT 4. 1 Warehouse Discount Center CPD 2004 -0 ). DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, all potentially significant effects have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT pursuant to the applicable standards. I further find that all significant effects have been avoided or mitigated pursuant to that ENVIRONMENTAL IMPACT REPORT, including by means of revisions or mitigation measures imposed upon the proposed project. No further analysis pursuant to the California Environmental Quality Act is required. Prepared by: Jared Rosenoren Reviewed by: David A. Bobardt Date: June 13, 2005 Date: June 13, 2005 2 Warehouse Discount Center CPD 2004 -03. 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The existing visual quality of the site will change with the development of this project, primarily from SR -23 northbound and southbound lanes. Normal commercial light sources will not have a significant impact on the area and will be evaluated and be consistent with the City's lighting ordinance. Architecture and landscaping will be evaluated for consistency with City standards. These effects were adequately addressed in the previous EIR. Sources: Project Application September 22, 2004, General Plan Land Use Element (1992), Final Environmental Impact Report Special Devices Incorporated (1996) 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 x 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 X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: The subject site is not located within prime farmland and is zoned for commercial use, is currently rough graded and The Ventura County Important Farmland Map classifies the site as "Urban and Built -Up" land. Sources: California Dep't of Conservation: Ventura County Important Farmland Map (2000) Mitigation: None required 3 000089 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? x 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response: The existing visual quality of the site will change with the development of this project, primarily from SR -23 northbound and southbound lanes. Normal commercial light sources will not have a significant impact on the area and will be evaluated and be consistent with the City's lighting ordinance. Architecture and landscaping will be evaluated for consistency with City standards. These effects were adequately addressed in the previous EIR. Sources: Project Application September 22, 2004, General Plan Land Use Element (1992), Final Environmental Impact Report Special Devices Incorporated (1996) 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 x 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 X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: The subject site is not located within prime farmland and is zoned for commercial use, is currently rough graded and The Ventura County Important Farmland Map classifies the site as "Urban and Built -Up" land. Sources: California Dep't of Conservation: Ventura County Important Farmland Map (2000) Mitigation: None required 3 000089 Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any 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)? X 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number of people? X Response- As a standard requirement, the applicant is required to pay a Transportation System Management contribution to help promote clean air programs. Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2003), URBEMIS 2002 Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or 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 X 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 X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, 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? 4 000090 Potentially Significant Impact 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Warehouse Discount Center CPD 2004 -03, Less Than Significant Less Than With Significant No Mitigation Impact Impact x _ conservation plan r Response: This area prior to grading was not identified as being an area having significant flora or fauna. Sources: Project Application September 22, 2004, California Department of Fish and Game: Natural Diversity Data Base - Moorpark and Simi Valley Quad Sheets (1993), Environmental Impact Report Special Devices Incorporated (1996) 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: There are no known or expected cultural resources on the project site. Sources: Environmental Impact Report Special Devices Incorporated (1996) Mitigation: None required 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 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? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? 2) Result in substantial soil erosion or the loss of topsoil? 3) Be located on a geologic unit or soil that is unstable, or 5 X X X X X X 0 Q®191 N Less Than Potentially Significant Significant With Impact Mitigation 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? 41 Be located on expansive soil, as defined in "fable 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 Varehouse Discount Center CPD 2004 -03, Less Than Significant No Impact Impact X Response: Standard conditions of approval have been placed on the project by the City Engineer to address geologic and soil conditions. The applicant is required comply with the recornmendations the geotechnical report prepared for the site area. Sources: Project Application September 22, 2004, General Plan Safety Element (2001), Environmental Impact Report Special Devices Incorporated (1996) 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 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 or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? n X X 000092 Warehouse Discount Center CPD 2004 -03, Less Than Potentially Significant Less Than Significant With Significant No Response: No hazardous material have been identified on the site. Sources: Project Application (9/22/04), General Plan Safety Element (2001) Mitigation: None required. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere 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 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 or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? 7) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? B) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, 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 X X X X X X X X X Response: Standard conditions of approval are included to adequately address water quality and hydrology issues. Sources: Project Application September 22, 2004, General Plan Safety Element (2001), Environmental Impact Report Special Devices Incorporated (1996) Mitigation: None required. 7 000093 Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 1. 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? Response: The proposed project would be inconsistent with the current General Plan and Zoning designations on the property, however the Industrial Planned Development and General Plan Amendment Application were filed concurrently, and are internally consistent and, if approved, will not conflict with any other plans and will be consistent with the goals and policies of the General Plan. Sources: Project Application September 22, 2004, General Plan Land Use Element (1992) Mitigation: None Required J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Resoonse: There are no known mineral resources on site Sources: Project Application September 22, 2004, 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 iocat general pian or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? LA X X X X X X 000094 Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Significant With Impact Mitigation 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant No Impact Impact X X 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 September 22, 2004, General Plan Noise Element (1998) Mitigation: None required L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: The project site has been rough graded. No homes have been on the property in the past. Sources: Project Application September 22, 2004, Environmental Impact Report, Special Devices Inc. (August 96) 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: Fire protection? Police protection? Schools? 9 X X X X U®0095 Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 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, Waterworks District No. 1 and other applicable agencies prior to obtaining a building permit. Sources: Project Application September 22, 2004, General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. Response: A standard condition is to provide a contribution to the City's recreational and parks program. Sources: Project Application September 22, 2004, 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 to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? 6) Result in inadequate parking capacity? 10 X X X X X X 0 0096 Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response: The proposed project will not reduce the level of service (LOS) of intersections in the area. Adequate parking will be provided on site. Sources: Project Application September 22, 2004, General Plan Circulation Element (1992), Traffic Studv prepared by Overland Traffic Consultants (May 2004) Mitigation: None required P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination 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 providers 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? Response: 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 September 22, 2004, Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002) Mitigation: None Required Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality 11 X 000097 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 effects 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)? Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 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 rough graded and is planned for a commercial development. There are no endangered plants or animals known on the site. As a part of development, the property will be required to provide at least ten (10) percent of the site as landscaping. Sources: Project Application September 22, 2004, Environmental Impact Report Special Devices Inc. (1996) Earlier Environmental Documents Used in the Preparation of this Initial Study Final Environmental Impact Report, Special Devices Incorporated, August 1996, State Clearinghouse No. 95071057 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. Environmental Information Form application and materials submitted on September 22, 2004. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 12 Warehouse Discount Center CPD 2004 -03. 6. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 7. Ventura County Air Quality Assessment Guidelines, November 14, 2000. 13 000099 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by Jared Rosengren, Contract Planner DATE: May 31, 2005 (PC Meeting of 6/28/05) SUBJECT: Consider General Plan Amendment No. 2004 -04, Commercial Planned Development No. 2004 -03 and Conditional Use Permit No. 2005 -04, Consisting of an Amendment to the Land Use Element that Would Allow Sales, Distribution and Warehousing in the City's designated General Commercial Land Use Area and a Retail Center with a One -Story (With Mezzanine Level) 115,000 sq. ft. Single Tenant Building Over Thirty -Five Feet (351) in Height and a 17,500 sq. ft. One -Story Commercial Building on 8.15 -acres Located on the North Side of New Los Angeles Avenue /White Sage Road, Immediately East of the SR -23 Freeway, on the Application of Brian Poliquin BACKGROUND During several meetings in 2004, the City Council considered whether or not a proposed appliance sales, distribution and warehousing business is a commercial use in compliance with the existing General Plan and Development Agreement governing the subject property. An Ad -Hoc Committee (Council Members Harper and Millhouse) was formed to study this matter further and make a recommendation back to the Council. On September 15, 2004, the Council determined that the proposed use would not be in compliance with the existing General Plan and Development Agreement. The Council also waived the General Plan Pre - Screening process, thereby allowing the filing of a General Plan Amendment application. A new Development Agreement was also required for the proposed project with the requirement that the new building be of the highest quality and that a City entry sign be part of the project design. On September 22, 2005, the applicant submitted a General Plan Amendment application to amend text in the Land Use Element to allow for commercial distribution and warehousing in the General CC ATTACHMENT 5 000100 Honorable Planning Commission June 28, 2005 Page 2 Commercial land use designation, along with a Commercial Planned Development application for an 115,000 sq. ft commercial building and a 17,000 sq. ft. one -story commercial building. A Conditional Use Permit application was later requested to exceed the 35' height limit in the CPD zone for architectural elements on the 115,000 sq. ft. commercial building. nTRrTTGST()N Project Setting Existing Site Conditions: The project site is 355,014 sq. ft (8.15 acres) in size, and is topographically at approximately the same level as the adjacent SR- 23 freeway, with excellent visibility from both the northbound and southbound lanes. The site is flat, having been previously graded. It is currently vacant and is primarily covered with non - native weeds. Previous Applications: The project site was previously a part of General Plan Amendment No. 1995 -1, Zone Change No. 1995 -3, Vesting Tentative Tract No. 5004 and Industrial Planned Development No. 1995 -02. The approval of this project through Resolution 96 -1222 resulted in a zoning change from Open Space to Commercial Planned Development. On August 28, 1996, the City Council adopted Ordinance 220 approving a Development Agreement with Special Devices, Inc. (SDI). The Development Agreement described a number of items which were to be accomplished by SDI, and set forth the permitted uses for this lot. The agreement limited the maximum floor area to 132,183 sq. ft. and restricted the allowable uses to shopping centers, hotels and motels, conference and convention centers, hospitals, pharmacies, restaurants and motor vehicle dealers. The development agreement, with respect to the allowable uses on the site, is more restrictive than the zoning on the property and, in this case is the governing document. The development agreement will expire in 2006 at which time, unless the Development Agreement is extended or modified, the CPD zoning would govern the allowable land uses. On September 15, 2004, the City Council approved a staff recommendation to allow the filing of a General Plan Amendment application and to allow the negotiation of a new Development Agreement with the requirement that the building and site design be of the highest quality and that a City entry sign be part of the project design. 0001 01 Honorable Planning Commission June 28, 2005 Page 3 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use 115,000 2 Commercial 17,500 General Planned Graded and Site Commercial Development Undeveloped (C -2) ......_.. (CPD) _._....._ . North Open Space Open Space Arroyo Simi (OS) (OS) ._....._..__ Open Space Open Space Open Space and South and and Limited Special Devices, Manufacturing Industrial Inc. (I -1) (M -2) _.._ . _... _._ -.... East __.. . _ _.... Open Space Open Space Open Space /Arroyo (OS -1) (OS) Simi _.. West _ _ _ .......... Open Space .. .... Open Space Open Space and and Freeway SR -23 Freeway General Plan and Zoning Consistency: The applicant is requesting a General Plan Amendment for this project. The current General Plan designation of the site is General Commercial (C -2), with a maximum .25 Floor Area Ratio (FAR), or 0.25 square feet of building area for each square foot of land. The current zoning designation is CPD (Commercial Planned Development). The proposed General Plan Amendment would amend the General Commercial category to allow an expanded FAR of .38 on sites that meet specific criteria and whose intended uses would include appliance or furniture sales with distribution and warehousing facilities. This issue is discussed further in the Analysis section of this report. Project Summary Commercial Planned Development Permit No. 2004 -03: Building Proposed Use Building Area (sq. ft.) 1 Home Appliance Store 115,000 2 Furniture Store 17,500 Totall 132,500 Proposed Project Architecture: Building One (Warehouse Discount Center) The architectural design of the proposed 115,000 sq. ft. structure is a concrete tilt -up building altered to give the appearance of a 000 -1.02 Honorable Planning Commission June 28, 2005 Page 4 commercial facility. The architectural theme is a mix of Modern and Mediterranean that is complementary and compatible with surrounding developments and open space. From the outside, the building portrays a retail character, utilizing vision, spandrel and tempered glass, stone veneer, reveals, cornices and parapets. The store entrance elevation is treated with a large tower element with a clay tile roof and stone veneer; while the freeway elevation has a tower with a hip roof element to both sides. Balconies located off the mezzanine level on the freeway elevation are to serve the office portion of the proposed use. The main parapet, at approximately thirty -four feet (34') in height, is below the thirty -five foot (35') threshold for requiring a Conditional Use Permit. However, the tower elements, at approximately forty feet (40') in height measured from the ground to the plate line, require a Conditional Use Permit. Building Two (Furniture Store) The architectural design of the proposed 17,500 sq. ft. structure uses the same techniques as Building One, giving the concrete building a distinct commercial theme. Architecture is discussed in more detail in the Analysis section of this report. Circulation: Access to the project site is provided from White Sage Road approximately 200' east of the northbound SR -23 off ramp to New Los Angeles Avenue. The driveway is for ingress and egress. The site has been designed with appropriate on -site circulation. The driveway width and radii have been designed to accommodate large trucks and heavy equipment. Traffic: A Traffic Impact Study by Overland Traffic Consultants, Inc., dated May 2004, has been prepared for this project. The report indicates that the proposed project is expected to generate 118 vehicular trips (93 inbound and 25 outbound) during the AM peak hour and 158 vehicle trips (48 inbound and 110 outbound) during the PM peak hour. During a typical weekday, the proposed project is forecast to generate 1,894 daily trips. The level of service will not be significantly impacted at the twelve (12) intersections included in the study. Parking: The project proposes substantially more parking than required by code as shown in the following table. 00003 Honorable Planning Commission June 28, 2005 Page 5 Loading Area: The Zoning Ordinance requires at least one (1) loading space for each building over 3,000 square feet in area. Ten (10) loading dock spaces are proposed to be located to the rear of Building One (north side) and one loading space is proposed to be located on the north side of Building Two. Landscaping: A conceptual landscape plan has been prepared for the site. The plan is considered satisfactory, with the additions discussed in the Analysis section. The Zoning Ordinance requires the total area devoted to landscaping shall in no case be less than ten percent (10 %) of the overall lot area. The project proposes 87,736 sq. ft of landscape area or 24.7% of total site area. Existing street trees on White Sage Road were planted as part of the Special Devices Inc. IPD No. 1995 -02. No trees are proposed to be removed. A special condition is recommended for the applicant to work with the City, SDI and Caltrans in upgrading adjacent freeway landscaping. Presently, SDI is responsible for the maintenance of the landscaping that it installed as part of its IPD. 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 Qualit According to URBEMIS Air Quality model and the 2003 Ventura County Air Quality Assessment Guidelines, the proposed project will produce NOx emissions in excess of the 25 pound per day threshold. As is required with all commercial/ industrial projects, staff is recommending a standard condition requiring a contribution to the 0®®1.04 Honorable Planning Commission June 28, 2005 Page 6 Moorpark Traffic Systems Management Fund to off -set air pollutants, consistent with the 2003 Ventura County Air Quality Assessment Guidelines. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • General Plan Land Use Designation • Architecture • Building Height General Plan Land Use Designation: The existing designation for the site is General Commercial. The Land Use Element calls for a maximum 0.25 FAR on land designated General Commercial. This would allow for a typical single -story retail center with surface parking at a ratio of one space per 300 square feet. It should be noted that the parking requirement for furniture and appliance stores is one space per 500 square feet. A single -story furniture or appliance store with surface parking could be developed at a higher FAR if permitted by the General Plan. Staff recommends that the location of furniture or appliance stores with distribution facilities be limited to certain areas within the General Commercial land use designation where the site area is large enough to accommodate appropriate design of loading facilities and where freeway access is readily available. It is recommended that the C -2 General Commercial category on Page 25 of the Land Use Element be amended to read as follows: C -2 - General Commercial (0.25 FAR) This designation provides for commercial uses with a wide range of retail and service activities (6 -20 acres). Intended uses include community shopping centers, department stores, furniture and appliance stores, restaurants, automotive uses, office and professional services, and business support services. This designation encourages the grouping of commercial outlets into consolidated centers with direct access to major roads, arterials and /or freeways. Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the Circulation Element and that are not adjacent to planned residential uses may be developed with retail furniture or appliance stores with attached distribution /warehouse 0001.05 Honorable Planning Commission June 28, 2005 Page 7 facilities at a maximum 0.38 FAR when all other standards of the Zoning Ordinance are met. Architecture: The subject site is highly visible from SR -23 freeway and the surrounding valley floor. In response to the site's highly visible location, the applicant has made an effort to use a variety of design techniques to ensure the proposed commercial buildings are compatible with the surrounding area and are visually interesting. The applicant has chosen to use architectural features, such as tower elements, stone veneer, tempered glass and natural colors to lessen the impact of the size of the buildings and to make them as visually pleasing as possible. In addition, landscaping is proposed to be planted along the freeway elevation to soften the project's visual impact. A special condition is recommended to enhance landscaping on the adjacent Caltrans SR -23 right -of -way. Building Height: A Conditional Use Permit is required for buildings over thirty -five feet (35') in height (below the roof line) in the CPD zone. In this case, the architect has proposed the Warehouse Discount Center building to have a main parapet height of thirty -four feet (34'), with architectural elements that extend to approximately forty feet (40') in height below the roof line, capped with a hip roof that takes the total height to just under forty -five feet (45'). These elements are of an appropriate scale for the size of the building and they do not increase the usable floor area. Findings are provided for Planning Commission consideration to recommend approval of the Conditional Use Permit for building height. Findings Commercial Planned Development Permit No. 2004 -03: 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 any other applicable regulations if amended by General Plan Amendment No. 2004 -04 and in that the site design is consistent with modern development techniques, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed.. 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 proposed commercial buildings 000:10(; Honorable Planning Commission June 28, 2005 Page 8 provides sufficient parking and loading spaces on site and is situated in an area planned for commercial uses. C. The proposed uses are compatible with existing and permitted uses in the surrounding area, in that the proposed commercial building is consistent with other similar projects approved within the city. Conditional Use Permit No. 2005 -04 A. The proposed use, with tower elements over thirty -five feet (35') in height, as conditioned, is consistent with the provisions of the City's General Plan, Zoning Ordinance, and any other applicable regulations, if amended by General Plan Amendment No. 2004 -04. B. The proposed use, with tower elements over thirty -five feet (35') in height, is compatible with both existing and permitted land uses in the surrounding area in that properties on the west side of the SR -23 freeway on Los Angeles Avenue are developed with both retail and distribution uses. C. The proposed use, with tower elements over thirty -five feet (351) in height, is compatible with the scale, visual character, and design of the surrounding properties; in that the commercial center has been designed on a vacant building pad intended for a development of this scale and is consistent with the architecture of other shopping centers in the area. D. The proposed use, with tower elements over thirty -five feet (35') in height, will not be obnoxious or harmful, or impair the utility of the neighboring properties or uses, in that the project design is consistent with other commercial projects approved in the city. E. The proposed use, with tower elements over thirty -five feet (35') in height, will not be detrimental to the public health, safety, convenience, or welfare, in that the commercial center is proposed on an existing building pad that is relatively isolated on the east side of the SR -23 freeway. 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). Because this project involves the consideration of a General Plan Amendment, these time limits do not apply. 000107 Honorable Planning Commission June 28, 2005 Page 9 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA) . Some projects may be exempt from review based upon a- specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or supervised the preparation of an Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report. No further analysis pursuant to the California Environmental Quality Act is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council conditional approval of General Plan Amendment 2004- 04, Commercial Planned Development Permit No. 2004 -03, and Conditional Use Permit 2005 -04. Honorable Planning Commission June 28, 2005 Page 10 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits Site Plan Floor Plan Buildings A and B Exterior Elevations Buildings A and B Preliminary Landscape Plan 4. Initial Study S. Draft PC Resolution with Conditions of Approval 000109 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2004 -04, COMMERCIAL PLANNED DEVELOPMENT NO. 2004 -03 AND CONDITIONAL USE PERMIT NO. 2005 -04 ON AN 8.15 ACRE PARCEL, LOCATED ON THE NORTH SIDE OF NEW LOS ANGELES AVENUE /WHITE SAGE ROAD, IMMEDIATELY EAST OF THE SR -23 FREEWAY, ON THE APPLICATION OF BRIAN POLIQUIN (FOR WAREHOUSE DISCOUNT CENTER) WHEREAS, at a duly noticed public hearing on October 5, 2005, the City Council considered General Plan Amendment No. 2004 -04, Commercial Planned Development No. 2004 -03 and Conditional Use Permit No. 2005 -04 on the application of Brian Poliquin (for Warehouse Discount Center) for a one -story (with mezzanine level) 115,000 sq. ft. appliance store with distribution and warehousing, with architectural elements over thirty -five feet in height, and a 17,000 sq. ft. one -story furniture store, located on the north side of New Los Angeles Avenue /White Sage Road, immediately east of the SR -23 Freeway; and . WHEREAS, at its meeting of June 28, 2005, the Planning Commission recommended approval of the proposed project subject to special and standard conditions of approval; and WHEREAS, the Environmental Impact Report prepared for the Special Devices Incorporated project (SCH No. 1995071057) has adequately analyzed all potential impacts of the proposed project; and WHEREAS, at its meeting of October 5, 2005, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. APPROVAL OF GENERAL PLAN AMENDMENT: The City Council approves General Plan Amendment No. 2004 -04, with the Land Use Category for General Commercial in Section 5.1 of the Land Use Element (Page 25) amended to read as follows: CC ATTACHMENT 6 000110 Resolution No. 2005 - Page 2 C -2 - General Commercial (0.25 FAR) This designation provides for commercial uses with a wide range of retail and service activities (6 -20 acres). Intended uses include community shopping centers, department stores, furniture and appliance stores, restaurants, automotive uses, office and professional services, and business support services. This designation encourages the grouping of commercial outlets into consolidated centers with direct access to major roads, arterials and /or freeways. Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the Circulation Element and that are not adjacent to planned residential uses may be developed with retail furniture or appliance stores with attached distribution /warehouse facilities at a maximum 0.38 FAR when all other standards of the Zoning Ordinance are met. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040C: 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 any other applicable regulations if amended by General Plan Amendment No. 2004 -04 and in that the site design is consistent with modern development techniques, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. 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 proposed commercial buildings provides sufficient parking and loading spaces on site and is situated in an area planned for commercial uses. C. The proposed uses are compatible with existing and permitted uses in the surrounding area, in that the proposed commercial building is consistent with other similar projects approved within the city. 000111 Resolution No. 2005 - Page 3 SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030D: A. The proposed use, with tower elements over thirty -five feet (351) in height, as conditioned, is consistent with the provisions of the City's General Plan, Zoning Ordinance, and any other applicable regulations, if amended by General Plan Amendment No. 2004 -04. B. The proposed use, with tower elements over thirty -five feet (351) in height, is compatible with both existing and permitted land uses in the surrounding area in that properties on the west side of the SR -23 freeway on Los Angeles Avenue are developed with both retail and distribution uses. C. The proposed use, with tower elements over thirty -five feet (351) in height, is compatible with the scale, visual character, and design of the surrounding properties; in that the commercial center has been designed on a vacant building pad intended for a development of this scale and is consistent with the architecture of other shopping centers in the area. D. The proposed use, with tower elements over thirty -five feet (351) in height, will not be obnoxious or harmful, or impair the utility of the neighboring properties or uses, in that the project design is consistent with other commercial projects approved in the city. E. The proposed use, (351) in height, health, safety, commercial center that is relatively freeway. with tower elements over thirty -five feet will not be detrimental to the public convenience, or welfare, in that the is proposed on an existing building pad isolated on the east side of the SR -23 SECTION 4. APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT: The City Council approves Commercial Planned Development Permit No. 2004 -03 and Conditional Use Permit No. 2005 -04 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. 0001.12 Resolution No. 2005 - Page 4 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. PASSED AND ADOPTED this 5th day of October, 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. 2004 -03 and Conditional Use Permit No. 2005 -04 000113 Resolution No. 2005 - Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2004 -03 SPECIAL CONDITIONS 1. The applicant shall work with the City, SDI and Caltrans to provide enhanced landscaping on adjacent slopes to the west and south of the project site within the Caltrans SR -23 right -of -way and along New Los Angeles Avenue. Prior to the issuance of a building permit, a landscape plan shall be provided to the satisfaction of the Community Development Director that provides landscaping in this area that is compatible with site landscaping. The landscape plan shall also make provisions for the location for a City entry sign. A landscape maintenance plan shall be included as part of this plan. 2. Landscaping, earthen berms, and /or retaining walls shall be provided along the north and west property line to screen public views of trucks in the loading area from the SR -23 freeway, as well as from areas to the north of the project site to the satisfaction of the Community Development Director. 3. 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, slope, freeway frontage landscaping, landscaping around the City entrance sign, and /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 backup district 000JL14 Resolution No. 2005 - Page 6 shall include an irrevocable access easement given to the City. 4. Prior to the occupancy of the first commercial space, the applicant shall install a sidewalk along the north side of White Sage Road from the project parking lot entrance to the SR -23 northbound off -ramp at New Los Angeles Avenue, and a crosswalk across White Sage Road at the SR -23 northbound off -ramp. The sidewalk shall be of a width and design to the satisfaction of the Community Development Director and City Engineer, and if necessary, Caltrans. 5. No pylon signs shall be permitted on this site. 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 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 000ils Resolution No. 2005 - Page 7 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, 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. 000iiG Resolution No. 2005 - Page 8 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 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 0001.17 Resolution No. 2005 - Page 9 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 the issuance of Facilities Fees Division. The Council adopted in effect at the Facilities: Prior to or concurrently with a building permit, current Fire Protection shall be paid to the Building and Safety fee shall be paid in accordance with City Fire Protection Facilities Fee requirements 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 Of $66,000.00 for the approved development consistent with Section 6.9 of the Development Agreement and adopted City policy for calculating such fee. 00®:.18 Resolution No. 2005 - Page 10 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 the City Engineer based on the traffic report prepared for the project and the extent of the impact 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 ($22,838.00 per acre) shall be increased to reflect the change in the Caltrans Highway Bid Price 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. 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 0001.19 Resolution No. 2005 - Page 11 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, 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 000J.20 Resolution No. 2005 - Page 12 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. 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 0001 -21- Resolution No. 2005 - Page 13 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. 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 00®x.22 Resolution No. 2005 - Page 14 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 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 0001.23 Resolution No. 2005 - Page 15 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. 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. 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 0004 �� Resolution No. 2005 - Page 16 Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080) . 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. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 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. 51. 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. 52. 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. 53. 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 54. 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 and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Vlr®i2J Resolution No. 2005 - Page 17 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. 55. 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. 56. 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. 57. All required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 58. 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. 59. 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. 60. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration 0000.2G Resolution No. 2005 - Page 18 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. 61. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 62. 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 63. 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 quality and safety shall prevail. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project 0001.27 Resolution No. 2005 - Page 19 shall be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer. 64. 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. 65. 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. 66. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans Mylar° 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.) 67. 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. 68. 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. 69. 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. 70. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain 0 ®1.28 Resolution No. 2005 - Page 20 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. 71. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 72. 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. 73. 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 74. 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 improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. 75. 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 0001.29 Resolution No. 2005 - Page 21 76. 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. 77. 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) 78. 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. 79. 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 000-111_33 0 Resolution No. 2005 - Page 22 the City Engineer as proof of permit application. The improvement plans and grading plans shall contain the WDID number for the project. 80. 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 4011 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 81. 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. 82. 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. 83. 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. 84. 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 000.4A_311- Resolution No. 2005 - Page 23 landscaping and /or drainage improvements shall be conveyed to the City in easements for such purposes. 85. 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. 86. 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. 87. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the 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 000:..'? Resolution No. 2005 - Page 24 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: 88. 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. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 89. 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. 90. 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 0001.33 Resolution No. 2005 - Page 25 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 91. 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 (201) 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 (401). 92. 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 (1501) of the end of the access road /driveway. 93. 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 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. 94. When only one (1) access point is provided, the maximum length shall not exceed eight- hundred feet (8001). 95. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 96. Approved walkways shall be provided from all building openings to the public way or Fire District access road /driveway. 97. Structures exceeding three stories or forty- eight -feet (48') in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy -five- 0000 -34 Resolution No. 2005 - Page 26 feet (751) in height shall be subject to Fire District high rise building requirements. 98. 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. 99. 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 100. 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. 101. Minimum six -inch (6 ") 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. 102. 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. 103. 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. 104. 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. 000.35 Resolution No. 2005 - Page 27 105. 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. 106. 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. 107. 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. 108. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the 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. 109. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 110. 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." 111. 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. 0001136 01136 Resolution No. 2005 - Page 28 112. 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: 113. 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. 114. 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. g. Signed Contract to install all improvements and a Surety Bond. 115. 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: 116. 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: 117. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient Resolution No. 2005 - Page 29 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. SPECIAL CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2005 -04 1. The project shall be developed in substantial conformance with the plans approved for Conditional Use Permit No. 2005 -04. The tower elements shall not exceed forty feet (401) in height from the adjacent ground to the plate line of the roof structure. - END - 0001IL" S