HomeMy WebLinkAboutAGENDA REPORT 2021 0223 REG PC ITEM 08ACITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of February 23, 2021
Approved Staff Recommendation,
with Changes as Proposed by the
Commission, Including Adoption of
ACTION: Resolution No. 2021-654.
BY: K. Valencia
Item: 8.A.
8. PUBLIC HEARINGS: (next Resolution No. PC -2021-654)
A. Consider a Resolution Appr ving Conditional Use Permit No. 2020-05, to Allow
the Sale of Beer, Wine and Liquor for Off -Site Consumption and On -Site
Instructional Tasting at a Proposed 35,467 Grocery Store Located at 742 Los
Angeles Avenue (Within the Village at Moorpark Shopping Center), and Making
a Determination of Exemption Pursuant to the California Environmental Quality_
Act (CEQA) in Connection Therewith, on the Application of Michael Chesser
,(For Village at Moorpark Property Owner, L.P.) Staff Recommendation: 1) Open
the public hearing, accept public testimony and close the public hearing; and 2).
Adopt Resolution No. PC -2021-654 approving Conditional Use Permit No.
2020-05.
(Staff: Shanna Farley- ud i s)
Item: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Shanna Farley -Judkins, Principal Planner
DATE: 02/23/21 Regular Meeting
SUBJECT: Consider a Resolution Approving Conditional Use Permit No. 2020-
05, to Allow the Sale of Beer, Wine, and Liquor for Off-site
Consumption and On -Site Instructional Tasting at a Proposed
35,467 Square -Foot Grocery Store Located at 742 Los Angeles
Avenue (Within the Village at Moorpark Shopping Center), and
Making a Determination of Exemption Pursuant to the California
Environmental Quality Act (CEQA) in Connection Therewith, on the
Application of Michael Chesser (For Village at Moorpark Property
Owner, L.P.)
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. PC -2021-
2020-05.
PROJECT DESCRIPTION
for approval of Conditional Use Permit No.
On October 1, 2020, Michael Chesser, on behalf of Village at Moorpark Property
Owner, L.P., submitted an application for a Conditional Use Permit (CUP) to allow the
sale of beer, wine, and liquor for off-site consumption within a proposed 35,467 square -
foot grocery store located at 742 Los Angeles Avenue (within the Village at Moorpark
Shopping Center) (Attachments 1 and 2). The grocery store is proposed within two
vacant spaces previously occupied by Petco and Staples. The Applicant is also
proposing on-site instructional tasting of alcohol.
Pursuant to Section 17.20.060.A.2.b of the Moorpark Municipal Code (MMC), a CUP is
required to allow the sale of alcohol for off-site consumption in conjunction with a city -
approved retail use. Pursuant to Section 17.20.060.6.2 of the MMC, a CUP is required
to allow a tasting room, with or without a restaurant. The applicant intends to apply for a
Honorable Planning Commission
CUP No. 2019-05
02/23/2021 Regular Meeting
Page 2
Type 21 License with the State of California Department of Alcohol Beverage Control
(ABC), which would allow the service of beer, wine, and liquor for off-site consumption
and a Type 86 License, which would allow on-site instructional tasting of alcohol. The
applicants narrative describing the proposed use is attached (Attachment 3).
EXISTING AND SURROUNDING LAND USES
The 11.52 -acre lot is developed with an existing 131,745 square -foot shopping center
(Village at Moorpark) and associated site improvements (approved via CPD No. 2004-
01 in 2004). The property contains several commercial and service retailers, including
Dick's Sporting Goods, Bank of America, and other specialty stores and restaurants.
The following table summarizes the General Plan, zoning, and existing land uses on the
subject property and within the vicinity.
Surrounding Land Uses
Direction
General Plan
Zoning / Specific PlanLand
Land Use
Use Designation
Specific Plan
Carlsberg Specific Plan,
The Village at
Project Site
Sub -Regional Commercial /
Moorpark
Business Park
Shopping Center
North
........
Right of Way
Right of Way
Los Angeles
Avenue
Specific Plan
Carlsberg Specific Plan,
Single -Family
South
Single -Family Residential /
Residential/
........
Open Space
Open Space
Specific Plan
Carlsberg Specific Plan,
Moorpark
East
9�
Sub -Regional Sub -Re Commercial/
Marketplace
......... .........
Business Park
Shopping Center
Specific Plan
Carlsberg Specific Plan,
Single -Family
West
Single -Family Residential /
Residential /
11
Open Space
Open Space
ANALYSIS
General Discussion:
The proposed grocery store would be located within the vacant Petco and Staples
tenant spaces. The store would employ approximately 350-400 people with an
estimated 50 employees per shift. The proposed hours of operation associated with the
grocery store are 7:00 a.m. to 10:00 p.m., daily. Since these hours of operation may
change seasonally or due to market conditions, a Condition of Approval No. 13 of the
draft resolution (Attachment 7) restricts the sale and service of alcohol to the hours of
7:00 a.m. to 12:00 a.m. (midnight). This is consistent with similar conditions limiting the
sale of alcohol at the adjacent Moorpark Marketplace Shopping Center.
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An existing condition of approval associated with the shopping center prohibits loading
and unloading operations between 10:00 p.m. and 6:00 a.m.
The proposed alcohol displays and instructional tasting would occur within a 1,113
square -foot area located in the rear (southeastern) corner of the proposed grocery
store, as indicated on the attached floor plan (Attachment 4). Display racks and coolers
that form a rectangular enclosed space bound the alcohol display area. Instructional
tasting would occur within this area. Separate stock/storage rooms would be located in
the rear of the store, in an area accessible only to employees. No other areas of the
store would be allowed to display alcohol for sale or operate instructional tasting for the
public. A condition of approval is included states that the display area for alcoholic
beverages shall not exceed 15% of the total display area used for grocery sales. The
grocery store proposes an approximately 22,000 square -foot sales floor; therefore, the
store would be limited to no more than 3,300 square -feet of the alcohol display area.
Instructional tastings would occur occasionally as special events. Instructional tastings
would be conducted occasionally, as special promotions. Tastings would be served by
specially -trained store employees or an authorized ABC licensee (typically a direct
representative of the brand or product) within the area where the store displays the
alcohol for off-site consumption, as required by the Type 86 ABC License. Although the
grocer would be allowed to operate such events, the Type 86 License uniquely allows
outside vendors to sample their products within a store holding a Type 21 License.
While minors are also allowed on the premises under a Type 21 License, minors are not
allowed within the designated tasting area. A detailed outline of the Type 86 License
limitations are attached (Attachment 5).
General Plan, Zoning, and Specific Plan Consistency:
The General Plan land use designation for the project site is Carlsberg Specific Plan
(SP 92-1). The Zoning designation for the project site is Carlsberg Specific Plan, which
is consistent with the General Plan designation. SP 92-1 is intended to provide for a
wide range of retail, services, residential and open space. SP 92-1 designates the
subject property for Sub -Regional Retail/Commercial (SR/C) uses, which include a retail
shopping center, with one or more large anchor stores to serve the local and
surrounding community. As a result, the subject sale of alcoholic beverages and on-site
instructional tasting within a grocery store is compatible with the General Plan, zoning,
and specific plan designation of the subject property.
This project is consistent with the General Plan Land Use Element Goal 7 of the Land
Use Element to "provide for a variety of commercial facilities which serve community
residents and meet regional needs". This project is also consistent with Goal 8 of the
General Plan Land Use Element to "provide for new commercial development which is
compatible with surrounding land uses". The proposed grocery store would provide a
variety of goods for sale, including the sale of alcohol for off-site consumption for the
convenience of customers, which is typical of large grocery retailers. Sales of such
products within a grocery store are compatible with the variety of retail uses within the
Village at Moorpark Shopping Center and the nearby Moorpark Marketplace.
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Moorpark Police Department:
The Moorpark Police Department has reviewed this application and has recommended
several conditions of approval in the draft resolution (Attachment 7). With the inclusion
of these conditions, the Police Department has no concerns regarding the proposed
use.
Concentration of Alcohol Licenses:
The City of Moorpark has not established a local threshold for the number of alcohol
establishments within a particular area. The ABC measures the number of businesses
selling alcoholic beverages by census tract and compares this number to other census
tracts in the area to determine whether there is a presumption of over -concentration, as
set forth in Section 23958.4 of the Business and Professions Code. If a census tract
has an over -concentration by ABC standards, the local agency must make certain
findings of public convenience and necessity in order for the ABC permit to be
approved. ABC relies on localities to determine whether findings of public convenience
and necessity can be made when there is an overconcentration of establishments within
a census tract.
ABC uses population data provided by the Department of Finance to calculate the
number of licenses given per census tract. The project site is located within Census
Tract 76.13, as shown on the attached map (Attachment 6). Census Tract 76.13 has a
low population density compared to other tracts in the City of Moorpark. As a result,
ABC has established two licenses for off-site consumption as the threshold for undue
concentration within the subject census tract. This tract also includes the Downtown
and several large commercial shopping centers.
There are five establishments within Census Tract 76.13 that are currently licensed to
sell alcoholic beverages for off-site consumption with a Type 21 License. This number
exceeds the standards for undue concentration established by ABC. These include
Target, Smart and Final, Mayflower Market and Liquor, Tipsy Fox, and Old Town Liquor
and Market. Currently, no businesses in Moorpark hold a Type 86 License (tasting).
Pursuant to Business and Professions Code Section 23958.4, the ABC may issue a
license in an area where an undue concentration has been identified if the City
determines that the proposed alcohol license would serve a public convenience or
necessity. Therefore, the Planning Commission, as part of this Conditional Use Permit
must consider whether a public convenience or necessity is provided by the proposed
use.
The proposed grocery store is located within a district that is characterized by regional
shopping centers, restaurants, personal services, and other commercial uses. These
properties provide a mix of uses that serve local residents and nearby communities, are
conveniently located along the State Route 118/Los Angeles Avenue corridor and
nearby State Route 23. Given the context for commercial uses within the subject
census tract, as well as the potential convenience associated with the proposed grocery
store use, staff recommends that the Planning Commission adopt the special finding of
public convenience and necessity included in the draft resolution (Attachment 7).
Honorable Planning Commission
CUP No. 2019-05
02/23/2021 Regular Meeting
Page 5
Conditional Use Permit Findings:
1. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and all applicable regulations in that the sale of alcohol is a
conditionally permitted use. The proposed use is also consistent with General
Plan Land Use Element Goal No. 7 to "provide for a variety of commercial
facilities which serve community residents and meet regional needs" and Goal
No. 8 to "provide for new commercial development which is compatible with
surrounding land uses".
2. The proposed use, as conditioned, is compatible with both existing and permitted
land uses in the surrounding area in that the grocery store selling alcohol for off-
site consumption with on-site instructional tasting is consistent with existing
commercial uses within the Carlsberg Specific Plan area.
3. The proposed use, as conditioned, is compatible with the scale, visual character,
and design of surrounding properties in that there will be no changes to the
exterior of the building as a result of the application.
4. The proposed use, as conditioned, would not be obnoxious or harmful, or impair
the utility of neighboring property or uses in that conditions of approval have
been added to minimize noise levels, prevent trash and debris, ensure adequate
security and surveillance of the property, prohibit alcohol signage on the exterior
of the store and limit the hours during which alcohol may be sold.
5. The proposed use, as conditioned, would not be detrimental to the public health,
safety, convenience, or welfare in that the sale of alcohol for off-site consumption
and on-site instructional tasting within a grocery store is compatible with the
surrounding uses.
Additional Findings for Establishments Serving Alcoholic Beverages:
6. The proposed use would not result in an over concentration in the area of
establishments selling alcoholic beverages for off-site consumption and on-site
instructional tasting, as these sales and service will be ancillary to the sale of
general food and goods in the grocery store and conditions of approval have
been included to minimize the potential for negative impacts related to the sale
and service of alcohol. Although the State ABC sets a level of "undue
concentration" based on factors noted in Business and Professions Code
23958.4, the City of Moorpark does not maintain a defined threshold for over
concentration of alcohol uses. The proposed sale of alcohol and instructional
tastings would not generate new safety or police concerns, as it would be
accessory to a grocery store with a security system and various conditions
ensuring the safe sale and service of alcohol. The proposed location of the
business is in a busy shopping corridor, with a healthy mixture of service and
retail uses. There are currently no existing Type 21 and Type 86 Licenses within
the Village at Moorpark Shopping Center. No other facility in Moorpark holds a
Honorable Planning Commission
CUP No. 2019-05
02/23/2021 Regular Meeting
Page 6
Type 86 License, therefore no over concentration exists. Within proximity to the
project site, in Census Tract 76.13, Target, Smart and Final, Mayflower Market
and Liquor, Tipsy Fox, and Old Town Liquor and Market hold Type 21 licenses.
The proposed use is consistent with the uses envisioned by the General Plan,
Carlsberg Specific Plan, and Zoning Code. Therefore, the proposed sale of
alcohol for off-site consumption and on-site instructional tasting would not result
in an over concentration of establishments selling alcohol for off-site consumption
or on-site instructional tastings in the area.
7. The proposed use will provide a public convenience and necessity, in that the
sale of alcoholic beverages for off-site consumption and on-site instructional
tasting is an ancillary use to the proposed grocery store.
8. The use will not create the need for increased police services, in that conditions
are included to ensure proper control of the sales of alcoholic beverages for off-
site consumption and on-site instructional tasting.
9. The requested use at the proposed location will not adversely affect the
economic welfare of the community. The proposed sale of alcohol for off-site
consumption and on-site instructional tasting would be an ancillary use to a
proposed grocery store currently under renovation. The sale of alcohol for off-
site consumption is customary within grocery stores, which sell a wide variety of
foods and products to local and regional patrons. The grocery store will occupy
two large vacant tenant spaces and would provide increased commercial activity
in the Village at Moorpark Shopping Center. In addition, the Applicant has stated
that the proposed grocery store would result in 350 to 400 new jobs. Therefore,
the proposed sale of alcohol for off-site consumption and on-site instructional
tasting within a new grocery store would be expected to have a positive
economic impact on the community.
10. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration, or substantially diminish property values within the
neighborhood. The proposed sale of alcohol for off-site consumption and on-site
instructional tasting includes no requested modifications to the exterior of the
existing structures. Previously the Community Development Director approved
exterior alterations, associated with the proposed grocery store on October 20,
2020, as part of Permit Adjustment No. 3 to Commercial Planned Development
Permit No. 2004-01, which were found consistent with the existing architecture of
the Village at Moorpark Shopping Center and requirements of the Carlsberg
Specific Plan. In addition, the CUP has been conditioned that there must be no
advertising of any kind or type promoting or indicating the availability of beer,
wine, and liquor visible from the exterior of the building.
Honorable Planning Commission
CUP No. 2019-05
02/23/2021 Regular Meeting
Page 7
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Filed: October 1, 2020
Date Application Determined Complete: January 22, 2021
Planning Commission Action Deadline: July 21, 2021
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director or designee 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 a
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.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines
because the proposed use involves the sale and tasting of alcohol within an existing
building. Therefore, Staff has determined that there is no substantial evidence that the
project would have a significant effect on the environment.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
Publication. The notice of the public hearing was published in the Ventura County
Star on February 13, 2021.
2. Mailing. The notice of the public hearing was mailed on February 11, 2021, to
owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, within one -thousand (1,000) feet of the exterior boundaries of
the assessor's parcel(s) subject to the hearing.
3. Sign. Two 32 square -foot signs were placed on the street frontages on February
12, 2021.
Honorable Planning Commission
CUP No. 2019-05
02/23/2021 Regular Meeting
Page 8
ATTACHMENTS:
1. Location Map
2. Aerial Map
3. Applicant Narrative
4. Site Plan and Floor Plan
5. Industry Advisory: Type 86 License
6. Census Tract 76.13 Map
7. Draft Resolution with Conditions of Approval
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Moorpark Conditional Use Permit Findings
1. The proposed use is consistent with the provisions of the general plan, zoning ordinance,
and any other applicable regulations;
The proposed grocery use with the incidental off-site sale of alcoholic beverages is in
conformance with the objectives of the Moorpark General Plan and the Carlsberg Specific
Plan. The Site is located in the sub-regional/commercial overlay area of the Carlsberg
Specific Plan. The sub-regional/commercial overlay area is "intended to provide for a
shopping center featuring both retail and service commercial uses for the surrounding
community" including, but not limited to a grocery store.
In particular, the grocery store will serve the needs of the community in conformance with the
Specific Plan's objective to provide a strong and competitive commercial sector. A major
supermarket on this large parcel will facilitate a more walkable district for the residents located
south of the subject site.
Moreover, the proposed grocery store will add viable employment opportunities as well as
contribute tax revenues from high volume sales to the area. The grocery store will offer a
beneficial "one-stop" shopping experience in which nearby residents or visitors can purchase
grocery items, medicine, beverages, and/or other necessary retail items. The inclusion of the
incidental off-site sales of alcoholic beverages will only add to the convenience of the "one-stop"
shopping experience, and the inclusion of on-site instructional tastings will provide educational
benefits to shoppers and help guide their responsible selection of alcoholic beverages to pair with
food items.
More generally, the Moorpark General Plan promotes the provision of services throughout the
City in locations that are convenient to the public, but that do not negatively impact neighboring
properties. As noted above, the development of a large grocery use on this parcel will add to the
goods and services available on the major commercial thoroughfare, New Los Angeles Ave., but
will be adequately buffered from nearby residential and other sensitive uses, and will be operated
in a secure, safe, and responsible manner.
Specific Plans are intended to promote a variety of land uses, streets, and services which will
encourage and contribute to health, safety, welfare and convenience of the people who live and
work in the community. Generally, the Specific Plan is also intended to guide development in
order to create a healthful and pleasant environment.
Therefore, the proposed grocery store aligns with the goals and policies of both the Moorpark
General Plan and Carlsberg Specific Plan.
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area;
The proposed grocery store will not only be compatible with the existing and permitted uses in
the area, but it will also add a valuable use to the area. The neighboring uses include commercial
business to the North, commercial business to the East, residential to the South, and commercial
retail businesses to the West. Pursuant to Section IV(F)(2) of the Carlsberg Specific Plan, "retail
sales" are permitted in this sub -regional retail/commercial overlay area. Thus, the grocery "retail
sales" are permitted under the Carlsberg Specific Plan.
The grocery use at this site will be valuable to the community and will provide a wide array of
offerings that are beneficial to the neighborhood. The overall product offering will provide an
affordable range of goods and services to the local community. The subject site will enhance the
built environment in the surrounding neighborhood with its attractive building design and
associated landscaping. The grocery store will fulfill a substantial demand for a variety of food
and sundry products. The grocery store's proposed offerings include but are not limited to fresh
produce, pre-packaged meats, packaged foods, cheeses, dairy, and salad bar items among other
hot food offerings. The sale of alcoholic beverages will be an ancillary use to the main grocery
use. Additionally, this location will also offer deliveries to local residents for additional
convenience.
3. The proposed use is compatible with the scale, visual character, and design of surrounding
properties;
The proposed grocery use is compatible with the scale, visual character, and design of
surrounding properties. Currently, the site is vacant. Vacant sites can be a target for problematic
activity as well as becoming unkempt over time due to a lack of site maintenance. Therefore, the
addition of this grocery store will alleviate any issues that could arise from a vacant space.
The proposed grocery store will be housed in an attractive building and will have routinely
maintained and attractive landscaping that is in conformance with the Moorpark Zoning Code.
4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring
property or uses;
The proposed grocery store will offer a benefit to the community and will not result in any
harmful effects. The proposed grocery store will be operated under strict management and will
have several proactive security measures to ensure it does not cause any adverse effects to the
surrounding community, including, but not limited to the following measures: security cameras,
security monitors, and adequate lighting indoors and outdoors. Additionally, staff at the
proposed grocery store will be subject to the operator's policies regarding the responsible sale of
alcoholic beverages. The combination of proactive security measures and strict company
policies will ensure the continuation of the safety and well-being of nearby residential and
commercial community.
Neighboring uses will not be adversely affected by the operation of the grocery store. The only
nearby residential uses lie to the south of the site and are adequately buffered from the grocery
store by a swath of brush and vegetation. Further, the grocery store will operate with due regard
to the nearby residential uses to the south of the site. The site of the proposed grocery store has
only commercial uses to its north, east and west. As the site of the proposed grocery store
already has a large parking lot with multiple points for traffic ingress and egress, there will not
be any negative traffic impacts to the community. Further, authorization of this CUP is likely to
reduce any littering, loitering, noise, or other nuisance activity on the site, since the proposed
grocery use will be filling a currently vacant space. Littering, loitering, noise, and other
nuisance activity are more prevalent and more difficult to control on a vacant premise with no
ongoing commercial activity. The commencement of the proposed grocery use will ensure the
constant premises of staff at the site, reducing the burden placed on city resources to patrol and
observe the premises.
Thus, the approval of this new request for a Conditional Use Permit authorizing the off-site sale
of a full line of alcoholic beverages and on-site instructional tastings will not detrimentally affect
nearby uses. The grocery store will not conflict with the adjacent uses and will operate in such a
manner that does not detrimentally affect nearby properties and uses.
5. The proposed use would not be detrimental to the public health, safety, convenience, or
welfare;
The approval of the addition of off-site sales of a full line of alcoholic beverages and on-site
instructional tastings will provide a benefit to the nearby community and will not be detrimental
to the character of the immediate area. The proposed grocery store will operate this site
responsibly with strict adherence to its corporate policies regarding responsible retailing of
alcoholic beverages. The store and subject sales will serve to strengthen the economic vitality of
the area. As detailed above, the grocery store's operations will remain compatible with the
surrounding properties and uses. The grocery use is consistent with the pattern of commercial
uses in the immediate vicinity. The operational characteristics of the grocery store are not
detrimental to the properties in the immediate vicinity and the store operates with due regard for
the adjacent uses.
7. Additional Findings for Establishments Selling Alcoholic Beverages. The following
additional findings are required for the approval of conditional use permits for
establishments selling alcoholic beverages:
a. The use will not result in an over concentration in the area of establishments selling
alcoholic beverages,
The proposed site is located in Census Tract ("CT") 0076.13. In CT 0076.13, there are currently
five (5) active off-site licenses. Per the California Department of Alcoholic Beverage Control
("ABC"), the authorized number of off-site licenses in CT 0076.13 is two (2). The existing of -
sale retail licenses in CT 0076.13 are:
Mayflower Market & Liquor- 105 E High St., Moorpark, CA
Tipsy Fox- 498 E High St., Moorpark, CA
Smart & Final 525- 864 W Los Angeles Ave., Moorpark, CA
Target T1547- 800 New Los Angeles Ave., Moorpark, CA
Old Town Liquor & Market- 411 E. High St., Moorpark, CA
Business and Professions Code section 23958.4 is sometimes misconstrued as permitting only a
certain number of ABC licenses in a particular area, but such a construction ignores the fact that a
condition of undue concentration may exist, as in this case, because of good planning and zoning,
not in spite of it. The term "undue concentration" is specifically defined in Business and
Professions Code section 23958.4 as simply a ratio of the number of licenses in this census tract
compared to the average number of licenses in the county as a whole. It does not mean that this
particular census tract necessarily has too many licenses for the needs of the convenience of the
community.
The concentration that exists, consisting of the 4 Active licenses referenced above, is not
undesirable concentration in developed, commercial areas like New Los Angeles Avenue. Instead,
authorization of this additional commercial use serves proper land use objectives by providing a
diverse range of products and services along major commercial thoroughfares for maximum
public convenience. This project site is surrounded by commercial uses, but is within easy
walking or biking distance of residential zones, strengthening the need for a full-service grocery
store with alcohol sales as a small part of the large product mix offered, like this proposed
grocery store. Delivery will also be available for increased convenience to the community.
In this case, the subject location is surrounded by both commercial and residential uses. It makes
sense that stores that sell alcoholic beverages are located in zones that are in locations that are
convenient for the community. But, because the undue concentration statistics are determined by
the number of people living in that census tract, the undue concentration ratio is often exceeded
by just a handful of businesses selling alcoholic beverages in census tracts like this one.
Specifically, in this case, the census tract allows for three (3) off -sale licenses and currently four
(4) exist; thus a determination that there will not be an over concentration of off -sale licenses in
this census tract through the addition of a fifth off -sale license can be made because the proposed
grocery store is properly located in a commercial area and the public convenience or necessity
will be served through the issuance of this license.
The addition of this grocery store will enhance the surrounding community by offering a unique
and necessary "one-stop" shopping experience in which nearby residents, neighbors and tourists
can purchase grocery items, medicine, household products, beverages, and/or other necessary
retail items. The proposed grocery store is a desirable addition to community and will enhance
the built environment in the surrounding neighborhood by utilizing an attractive, unique building
design.
b. The use will serve a public convenience,
The proposed grocery use at this site will serve a public convenience. The grocery store will
provide unique opportunities not otherwise available in this geographic area. This grocery store
will help meet public convenience and necessity demand for affordable, specialized foods and
products, including a full line of specialized and unique alcoholic beverages that are unavailable
at other stores. It will also allow the attendant Instructional Tasting Type 86 License. While the
legal standard is public convenience or necessity this location actually meets both public
convenience and necessity. The popularity and demand of gluten-free, dairy -free, and other
restrictive foods and supplements has increased tremendously over the past decade but is carried
only by limited suppliers such as this grocery store. The grocery store will supply healthy and
specialized foods, provides consumers, especially those with allergens, an appropriate and
necessary option. The success of the proposed grocery store depends on its ability to provide a
wide range of goods and services that customers have come to expect from grocery retailers,
including alcoholic beverages along with everyday household food and supplies. The request for
the sale and distribution of off-site alcoholic beverages for the grocery store represent a relatively
small, albeit very important, portion of the overall store sales; and, is crucial to the overall
product offering to ensure customers return, the grocery store remains viable, and convenience
and necessaries are provided to the community. Moreover, the design and landscaping of the
proposed store is intended to foster better community relations and create a social opportunity for
local residents.
This grocery store with a small amount of alcohol is appropriate and compatible with such
existing uses and will not have an adverse impact on these uses or nearby residential uses. The
proposed use is, therefore, not an unusual offering in this commercial retail area. Further, the
Project is beneficial with respect to the general welfare because it will increase the economic
viability of the community in which it is located. The addition of this grocery store with alcohol
will improve the surrounding commercial retail uses and attract local residents and serve the
convenience or necessities of this community.
c. The use will not create the need for increased police services,
The proposed grocery use will not increase a need for police services. The proposed grocery store will
be operated under strict management and strict adherence to its corporate policies regarding the
responsible retailing of alcoholic beverages. The site will have several proactive security
measures to ensure it does not cause any adverse effects on the surrounding community,
including, but not limited to the following measures: security cameras, security monitors, and
adequate lighting indoors and outdoors. Additionally, staff at the proposed grocery store will be
subject to the operator's policies regarding the responsible sale of alcoholic beverages. The
combination of proactive security measures and strict company policies will ensure the
continuation of the safety and well-being of nearby residential and commercial community.
d. The requested use at the proposed location will not adversely affect the economic welfare of
the community, and
Not only will the proposed grocery use not adversely affect the economic welfare of the
community, its sales will serve to strengthen the economic vitality of the area by revitalizing a
currently vacant property.
Moreover, this project will result in a substantial net employment gain to the area. The grocery
store will help boost the local economy with greater job opportunities and increased tax revenues
by filling a currently vacant commercial space which at present provides no job opportunities or
sales tax revenues. A wide range of employment positions, from entry level to managerial, is
necessary to staff the grocery store. The grocery store will employ a large number of people in
order to staff the numerous departments and provide customer service to patrons.
The project will also result in a substantial increase in business taxes. The site is currently vacant,
therefore adding a grocery store at this site will contribute to a significant increase in business
taxes by generating high volume sales.
e. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction on
surrounding properties, or within the immediate neighborhood so as to cause blight,
deterioration or substantially diminish or impair property values within the neighborhood.
The proposed grocery use will be consistent with the external appearance of surrounding
commercial properties. Currently, the site is vacant. Vacant sites can be a target for problematic
activity as well as becoming unkempt over time due to a lack of site maintenance. The proposed
grocery store will be housed in an attractive building and will have routinely maintained and
attractive landscaping that is in conformance with the Moorpark Zoning Code.
Type 86 Instructional Tasting License
Pursuant to Business and Professions Code section 23396.6, the California Department of
Alcoholic Beverage Control ("ABC") "may issue to the holder of an off -sale retail license an
instructional tasting license at the premises of the off -sale retail license."
A Type 86 Instructional Tasting License allows an off -sale license holder, such as the intended
grocery use with the off-site sale of a full line of alcoholic beverages at this location, to permit a
representative from an alcoholic beverage manufacturer to conduct tastings on the license
holder's premises. However, the tastings are subject to restrictions pursuant to Business and
Professions Code section 23396.6, which, of course, apply in this instance. The area in which
the instructional tasting event is held "must be separated from the remainder of the off -sale
licensed premises by a wall, rope, cable, cord, chain, fence, or other permanent or temporary
barrier" and there must be prominent signage displayed prohibiting persons under 21 years of
age from entering the instructional tasting event area. (Business and Professions Code section
23396.6(c)(1)(A)). No one under the age of 21 is permitted in the instructional tasting area and
no one is allowed to leave the instructional tasting area with an open container of
alcohol. (Business and Professions Code section 23396.6(c)(1)(B) and (c)(1)(C)). Additionally,
no sale of alcoholic beverages for on-site consumption is permitted as part of these instructional
tasting events and, unless otherwise restricted, "an instructional tasting event may take place
between the hours of 10 a.m. and 9 p.m." (Business and Professions Code section 23396.6(c)(2)
and (c)(3)).
Tasting events will not be held by the Type 21 ABC Licensee of this location, but instead, will
be held by California -licensed alcohol manufacturers (such as winegrowers, beer brewers, or
spirits distillers), importers or wholesalers. These events will include instruction on the history,
nature, values, and/or characteristics of the alcoholic beverage(s) providing for instructional
tasting. Samples will be limited to one (1) fluid ounce of beer or wine or 1/4 of one fluid ounce
of distilled spirits per customer. Individual customers will be limited to a maximum of three (3)
samples per event.
Again, a Type 86 Instructional Tasting License is not a license for on-site consumption. On the
contrary, as noted above, the ABC Act specifically prohibits any sale of alcoholic beverages for
those establishments who hold a general off -sale license as well as a Type 86 license. The Type
86 Instructional Tasting License is merely an accessory license that can only be obtained by
applicants that hold an off -sale license.
Further details of the proposed tasting area, such as its proposed location within the store, are
depicted in the floor plan.
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INDUSTRY ADVISORY
Instructional Tasting License for Off -Sale Licensees
Recently enacted legislation (Assembly Bill 605, Statutes 2010, effective January 1, 2011) created
sections 23396.6 and 25503.56 of the Business and Professions Code. In addition to providing for a
new license, these sections include carefully crafted exceptions to California's three-tier system of
alcohol regulation. As such, they are nuanced and contain many detailed provisions, not all of which
are specifically addressed in this advisory.
Section 23396.6 provides for a new "instructional tasting license" to be issued to holders of certain,
qualified off -sale retail licensed businesses. Off -sale premises where motor vehicle fuel is sold and
those with a total of less than 5,000 square feet of interior retail space are generally not eligible to
apply for the instructional tasting license.
Application procedures for an instructional tasting license will be similar to those currently established
for other retail businesses, although some ABC Act provisions (such as those related to numbers
limitations within counties and public convenience or necessity) are not applicable. The premises of
the instructional tasting license will be recognized as being the same area designated and approved for
the accompanying off -sale license, although areas used for instructional tasting events will need to be
appropriately separated and posted while events are taking place. Eligible off -sale retailers will be able
to apply for the instructional tasting license at the Department's district and branch offices beginning
Monday, January 3, 2011, and applications shall be subject to a $300 original fee and $261 annual
renewal fee. The license has been designated as "Type 86" by the Department.
An application for the Type 86 license should be prepared using forms required for an original retail
license (available on the Department's website at www.abc.ca.gov) and submitted, along with all
required fees, to the appropriate District Office. As the license is to be issued to an off -sale licensee
December 1, 2010
"at the premises" of the underlying off -sale license, form ABC -257 will not be required at the time of
application. Forms ordinarily required for the purpose of establishing the qualification of a person or
entity (ABC -208, ABC -243, ABC -256, ABC -256 -LLC, ABC -140) need not be submitted at the time of
application for a Type 86 license. However, in cases where such information is deemed necessary for
completion of a full licensing investigation, any of the above described forms and any other supporting
documents or information may be subsequently requested by District Office licensing staff.
Section 25503.56 authorizes certain, qualified suppliers (i.e.; "authorized licensees") or their
designated agents to conduct "instructional tasting events" at off -sale retail locations holding the
instructional tasting licenses, and to provide tastes of alcoholic beverages to consumers under very
specific conditions, restrictions and limitations. Some provisions related to supplier participation at
instructional tasting events are similar to those for existing "consumer instruction" activities at on -sale
premises. However, other supplier allowances and limitations are unique to the Type 86 license.
A unique aspect of the instructional tasting license is that, while it will be applied for and held by a
retail licensee, its core privileges require the involvement or participation of a qualified supplier. With
that in mind, suppliers and retailers alike should be fully aware of existing tied -house laws that
otherwise restrict or limit business relationships between the supply and retail tiers. A supplier shall in
no way, directly or indirectly, pay, reimburse, or assist a retail licensee with any efforts associated with
obtaining a type 86 license, nor shall instructional tasting events be used to, in any way, circumvent
existing tied -house laws. Any payment made by a supplier to or on behalf of a retailer, directly or
indirectly, in connection with an instructional tasting event, except as authorized or required for
alcoholic beverage products to be used during the tasting event, shall be considered a violation of tied -
house laws.
Off -sale retailers interested in applying for instructional tasting licenses and suppliers interested in
conducting instructional tasting events should familiarize themselves with all details of the applicable
statutes, paying close attention to provisions related to licensee eligibility and operating requirements,
restrictions and limitations. The Department believes that it is the responsibility of all participating
parties to be fully aware of the detailed provisions set forth in Assembly Bill 605 and to conduct
instructional tasting events in full compliance with the ABC Act.
The following addendum to this advisory highlights some of the unique aspects and restrictions
associated with the Type 86 license and instructional tasting events. The full text of the chaptered bill
and detailed legislative analysis is available at www.leginfo.ca.gov.
December 1, 2010
Addendum (detailing specific provisions set forth in Business and Professions Code sections 23396.6
and 25503.56):
Type 86 licenses shall not be issued to off -sale licensees at locations where motor vehicle
fuel is sold, unless the licensee operates a fully enclosed off -sale retail area encompassing at
least 10,000 square feet, nor to off -sale licensees at locations with a total of less than 5,000
square feet of interior retail space, unless the calendar quarterly gross sales of alcoholic
beverages at the licensed location comprise at least 75 percent of the total gross sales of all,
products sold at the licensed premises. A licenseholder that is issued an instructional tasting
license pursuant to this paragraph shall maintain records that separately reflect the gross
sales of alcoholic beverages and the gross sales of all other products sold on the licensed
premises.
• "Authorized licensee" means a winegrower, California winegrower's agent, beer and wine
importer general, beer and wine wholesaler, wine rectifier, distilled spirits manufacturer,
distilled spirits manufacturer's agent, distilled spirits importer, distilled spirits importer
general, distilled spirits rectifier, distilled spirits general rectifier, out-of-state distilled
spirits shipper's certificate holder, distilled spirits wholesaler, brandy manufacturer, brandy
importer, California brandy wholesaler, beer manufacturer, or an out -of -sate beer
manufacturer certificate holder.
• "Authorized licensee" shall not include an entity that solely holds a combination of a beer
and wine wholesale license and an off -sale beer and wine retail license or holds those
licenses solely in combination with any license not listed in this paragraph.
• No charge of any sort shall be made for tastings at an instructional tasting event.
• A person under 21 years of age shall not serve, or be served, wine, beer, or distilled spirits
at the instructional tasting event.
• Unless otherwise restricted, an instructional tasting event may only take place between the
hours of 10 a.m. and 9 p.m.
• The type 86 license shall not authorize any on -sale retail sales to consumers attending the
instructional tasting event.
• The type 86 licenseholder shall not permit any consumer to leave the instructional tasting
area with an open container of alcohol.
December 1, 2010
A type 86 licenseholder that permits a person under 21 years of age to enter and remain in
the instructional tasting event area during an instructional tasting event is guilty of a
misdemeanor. Any person under 21 years of age who enters and remains in the instructional
tasting area during an instructional tasting event is guilty of a misdemeanor and shall be
punished by aline of not less than $200.00, no part of which shall be suspended.
At all times during an instructional tasting event, the instructional tasting event area shall be
separated from the remainder of the off -sale licensed premises by a wall, rope, cable, cord,
chain, fence, or other permanent or temporary barrier. The type 86 licenseholder shall
prominently display signage prohibiting persons under 21 years of age from entering the
instructional tasting event area.
• An instructional tasting event shall be limited to a single type of alcoholic beverage. "Type
of alcoholic beverage" means distilled spirits, wine, or beer.
• A single tasting of distilled spirits shall not exceed one-fourth of one ounce and a single
tasting of wine shall not exceed one ounce. No more than three tastings of distilled spirits or
wine shall be provided to any person on any day. The tasting of beer is limited to eight
ounces of beer per person per day. The wine, beer, or distilled spirits tasted shall be limited
to the products that are authorized to be sold by the holder of the type 86 license under its
requisite off -sale license.
• No more than one "authorized licensee " or its designated representative may conduct an
instructional tasting event that includes the serving of tastes of wine, beer, or distilled spirits
at any individual type 86 licensed premises per day.
• All tastes shall be served by an employee or the designated representative of the "authorized
licensee. "
• The "authorized licensee " or its designated representative shall either supply the wine or
distilled spirits to be tasted during the instructional event or purchase the wine or distilled
spirits from the holder of the type 86 at the original invoiced cost.
• The "authorized licensee" or its designated representative shall purchase beer to be tasted
during the instructional event from the holder of the type 86 at the original invoiced cost.
• Any unused wine, beer, or distilled spirits remaining from the tasting shall be removed from
the off -sale license licensed premises by the "authorized licensee" or its designated
representative.
• If the instructional tasting event is conducted by a designated representative, the designated
representative shall not be owned, controlled, or employed directly or indirectly by the
holder of the type 86 on whose premises the instructional tasting event is held.
4
December 1, 2010
• A beer and wine wholesaler may conduct an instructional tasting event but shall not serve
tastes of beer unless the beer and wine wholesaler also holds a beer manufacturer's license,
an out-of-state beer manufacturer's certificate, or more than six distilled spirits wholesaler's
licenses.
• The holder of the type 86 may conduct an instructional tasting event that includes the serving
of tastings only when an "authorized licensee" or its designated representative is unable to
conduct an instructional tasting event previously advertised pursuant to Section 25503.56
and scheduled by the authorized licensee or its designated representative, provided the
holder of the type 86 supplies the wine, beer, or distilled spirits in the instructional tasting
event and provides or pays for a person to serve the wine, beer, or distilled spirits.
Instructional tasting events conducted by the holder of the type 86 pursuant to the applicable
subdivision of Section 25503.56 are subject to the provisions of Sections 25503.56 and
23396.6.
• A holder of a type 86 license that also holds an on -sale beer and wine license, an on -sale
beer and wine eating place license, or an on -sale general license shall not allow an
"authorized licensee" or its designated representative, to conduct an instructional tasting
event on the same day and at the same location as any instructional tasting event held
pursuant to subdivision (b) of Section 23386, Section 25503.4, subdivision (c) of Section
25503.5, or Section 25503.55.
• A holder of a type 86 license shall not condition the allowance of an instructional tasting
event upon the use of a particular designated representative of an "authorized licensee ".
• An "authorized licensee" or its designated representative, in his or her absolute discretion
and with permission of the holder of the type 86 license where the instructional tasting event
will be held, may list in an advertisement to the general public the name and address of the
type 86 licensee, the names of the alcoholic beverages being featured at the instructional
tasting event, and the time, date, and location of, and other information about, the
instructional tasting event, provided that BOTH of the following apply:
1. The advertisement does not contain the retail price of the alcoholic beverages.
2. The listing of the type 86 licensee's name and address is the only reference to the type 86
licensee in the advertisement.
NOTE: Pictures or illustrations of the type 86's licensed premises and laudatory references to
the type 86 licensee in these advertisements are not authorized. An "authorized licensee" or its
designated representative cannot share in the costs, if any, of the type 86 licensee.
• A type 86 licensee may advertise an instructional tasting event to the general public. The
costs of this advertising shall be borne solely by the type 86 licensee. Permitted advertising
includes flyers, newspaper ads, Internet communications, and interior signage.
5
December 1, 2010
• Except as otherwise provided in the ABC Act or rules of the department, no premium, gift,
free goods, or other thing of value shall be given away by an "authorized licensee" or its
designated representative in connection with an instructional tasting event that includes
tastings of an alcoholic beverage.
• The type 86 licensee or the "authorized licensee" or its designated representative are
authorized to perform set up and break down of the instructional tasting event area.
• The "authorized licensee " or its designated representative may provide, free of charge to the
type 86 licensee, the equipment, materials, and utensils as may be required for use in
connection with the instructional tasting event.
• The type 86 licensee shall not require, or enter into a collusive scheme with an "authorized
licensee" or its designated representative to conduct one or more instructional tasting events
as a condition of carrying or continuing to carry a brand or brands of the "authorized
licensee" or as a condition for display or other merchandising plan which is based on an
agreement to provide shelf space.
An "authorized licensee" or its designated representative shall not require any preferential
treatment or benefit from, or enter into a collusive scheme with, a holder of a type 86 license
as a condition of conducting one or more instructional tasting events, require to carry or
continue to carry a brand or brands of the "authorized licensee" as a condition of
conducting one or more instructional tasting events, or condition display or other
merchandising plans that are based on agreements for the provision of shelf space on the
conducting of one or more instructional tasting events.
• Any agreement, whether written or oral, entered into by and between a type 86 licensee and
an "authorized licensee" or its designated representative that precludes the conducting of
instructional tasting events on the licensee's type 86 premises by any other "authorized
licensee" is prohibited.
A type 86 licenseholder or "authorized licensee" or its designated representative, shall not
use an instructional tasting event to circumvent any other requirement in the ABC Act.
6
December 1, 2010
RESOLUTION NO. PC -2021-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2020-05, TO ALLOW THE SALE OF BEER, WINE
AND LIQUOR FOR OFF-SITE CONSUMPTION AND ON-SITE
INSTRUCTIONAL TASTING AT A PROPOSED 35,467 SQUARE -
FOOT GROCERY STORE LOCATED AT 742 LOS ANGELES
AVENUE AND MAKING A DETERMINATION OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) IN CONNECTION THEREWITH ON THE
APPLICATION OF MICHAEL CHESSER (FOR VILLAGE AT
MOORPARK PROPERTY OWNER, L.P.)
WHEREAS, on October 1, 2020, an application was filed for a Conditional Use
Permit (CUP) No. 2020-05, to allow the sale of beer, wine, and liquor for off-site
consumption and on-site instructional tasting at a proposed grocery store located at 742
Los Angeles Avenue, within the Carlsberg Specific Plan; and
WHEREAS, at a duly noticed public hearing on February 23, 2021 for CUP No.
2020-05, the Planning Commission 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; closed the public hearing
and reached a decision on this matter; and
WHEREAS, the Community Development Department has determined that CUP
No. 2020-05 is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the
CEQA Guidelines. The proposed license authorizing the sale of beer, wine, and liquor
for off-site consumption and on-site instructional tasting is consistent with the General
Plan and Zoning regulations. In addition, there is no substantial evidence that the
project will have a significant effect on the environment in that the site has already been
developed. No further environmental documentation is needed.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: the Planning Commission,
based on its own independent analysis and judgment, concurs with the Community
Development Director's determination that the project is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed sale of beer,
wine, and liquor for off-site consumption and on-site instructional tasting is consistent
with the General Plan and Zoning regulations. In addition, there is no substantial
evidence that the project will have a significant effect on the environment in that the site
has already been developed. No further environmental documentation is needed.
PC ATTACHMENT 7
Resolution No. PC -2021 -
Page 2
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and all applicable regulations in that the sale of alcohol is a
conditionally permitted use. The proposed use is also consistent with General
Plan Land Use Element Goal No. 7 to "provide for a variety of commercial
facilities which serve community residents and meet regional needs" and Goal
No. 8 to "provide for new commercial development which is compatible with
surrounding land uses".
B. The proposed use, as conditioned, is compatible with both existing and permitted
land uses in the surrounding area in that the grocery store selling alcohol for off-
site consumption and on-site instructional tasting is consistent with existing
commercial uses within the Carlsberg Specific Plan area.
C. The proposed use, as conditioned, is compatible with the scale, visual character,
and design of surrounding properties in that there will be no changes to the
exterior of the building as a result of the application.
D. The proposed use, as conditioned, would not be obnoxious or harmful, or impair
the utility of neighboring property or uses in that conditions of approval have
been added to minimize noise levels, prevent trash and debris, ensure adequate
security and surveillance of the property, prohibit alcohol signage on the exterior
of the store and limit the hours during which alcohol may be sold.
E. The proposed use, as conditioned, would not be detrimental to the public health,
safety, convenience, or welfare in that the sale of alcohol for off-site consumption
and on-site instructional tasting within a grocery store is compatible with the
surrounding uses.
Additional Findings for Establishments Selling Alcoholic Beverages:
F. The proposed use would not result in an over concentration in the area of
establishments selling alcoholic beverages for off-site consumption and on-site
instructional tasting, as these sales and service will be ancillary to the sale of
general food and goods in the grocery store and conditions of approval have
been included to minimize the potential for negative impacts related to the sale
and service of alcohol. Although the State ABC sets a level of "undue
concentration" based on factors noted in Business and Professions Code
23958.4, the City of Moorpark does not maintain a defined threshold for over
concentration of alcohol uses. The proposed sale of alcohol and instructional
tastings would not generate new safety or police concerns, as it would be
accessory to a grocery store with a security system and various conditions
ensuring the safe sale and service of alcohol. The proposed location of the
Resolution No. PC -2021 -
Page 3
business is in a busy shopping corridor, with a healthy mixture of service and
retail uses. There are currently no existing Type 21 and Type 86 Licenses within
the Village at Moorpark Shopping Center. No other facility in Moorpark holds a
Type 86 License, therefore no over concentration exists. Within proximity to the
project site, in Census Tract 76.13, Target, Smart and Final, Mayflower Market
and Liquor, Tipsy Fox, and Old Town Liquor and Market hold Type 21 licenses.
The proposed use is consistent with the uses envisioned by the General Plan,
Carlsberg Specific Plan, and Zoning Code. Therefore, the proposed sale of
alcohol for off-site consumption and on-site instructional tasting would not result
in an over concentration of establishments selling alcohol for off-site consumption
or on-site instructional tastings in the area.
G. The proposed use will provide a public convenience and necessity, in that the
sale of alcoholic beverages for off-site consumption and on-site instructional
tasting is an ancillary use to the proposed grocery store.
H. The use will not create the need for increased police services, in that conditions
are included to ensure proper control of the sales of alcoholic beverages for off-
site consumption and on-site instructional tasting.
The requested use at the proposed location will not adversely affect the
economic welfare of the community. The proposed sale of alcohol for off-site
consumption and on-site instructional tasting would be an ancillary use to a
proposed grocery store currently under renovation. The sale of alcohol for off-
site consumption is customary within grocery stores, which sell a wide variety of
foods and products to local and regional patrons. The grocery store will occupy
two large vacant tenant spaces and would provide increased commercial activity
in the Village at Moorpark Shopping Center. In addition, the Applicant has stated
that the proposed grocery store would result in 350 to 400 new jobs. Therefore,
the proposed sale of alcohol for off-site consumption and on-site instructional
tasting within a new grocery store would be expected to have a positive
economic impact on the community.
J. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration, or substantially diminish property values within the
neighborhood. The proposed sale of alcohol for off-site consumption and on-site
instructional tasting includes no requested modifications to the exterior of the
existing structures. Previously the Community Development Director approved
exterior alterations, associated with the proposed grocery store on October 20,
2020, as part of Permit Adjustment No. 3 to Commercial Planned Development
Permit No. 2004-01, which were found consistent with the existing architecture of
the Village at Moorpark Shopping Center and requirements of the Carlsberg
Specific Plan. In addition, the CUP has been conditioned that there must be no
advertising of any kind or type promoting or indicating the availability of beer,
wine, and liquor visible from the exterior of the building.
Resolution No. PC -2021 -
Page 4
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves CUP No. 2020-05 subject to the Standard and Special
Conditions of Approval found in Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 23rd day of February, 2021.
Chair
Karen Vaughn, AICP
Interim Deputy City Manager/Community Development Director
Exhibit A — Conditions of Approval
Resolution No. PC -2021 -
Page 5
EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2020-05
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS
1. This Conditional Use Permit is granted or approved with the City's designated
approving body retaining and reserving the right and jurisdiction to review and to
modify the permit—including the conditions of approval—based on changed
circumstances. Changed circumstances include, but are not limited to, major
modification of the business; a change in scope, emphasis, size, or nature of the
business; the expansion, alteration, reconfiguration, or change of use; or the fact
that the use is negatively impacting surrounding uses by virtue of impacts not
identified at the time of application for the conditional use permit or impacts that
are much greater than anticipated or disclosed at the time of application for the
conditional use permit. The reservation of right to review any permit granted or
approved under this chapter by the City's designated approving body is in
addition to, and not in lieu of, the right of the City, its Planning Commission, City
Council and designated approving body to review and revoke or modify any
permit granted or approved under this chapter for any violations of the conditions
imposed on such permit.
2. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this conditional use permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as may be amended in the future.
3. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2020-05, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. All Conditions of Approval and requirements of
Commercial Planned Development Permit No. 2004-01, as amended, shall
continue to apply unless specifically modified by this Conditional Use Permit.
Display of alcoholic beverages for sale may not exceed fifteen (15) percent of the
display area for groceries.
4. No employee shall sell any alcoholic beverages to any person under twenty-one
(2 1 ) years of age.
Resolution No. PC -2021 -
Page 6
5. No person under the age of eighteen (18) shall sell packaged alcoholic
beverages.
6. Employees involved in the sale or service of alcoholic beverages shall not be
allowed to consume alcoholic beverages at any time during their shift.
Employees shall not report to work with evidence of having consumed any
intoxicants such as alcohol, illegal drugs or controlled substances.
7. Applicant shall provide the Community Development Department with a copy of
license from the Department of Alcoholic Beverage Control (ABC) prior to
issuance of zoning clearance for occupancy.
8. Approval of a Zoning Clearance is required prior to the issuance of building
permits.
9. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration.
10. A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director.
11. Other than a business sign in conformance with Chapter 17.40 of the Zoning
Ordinance, there must be no advertising of any kind or type promoting or
indicating the availability of beer, wine, and liquor visible from the exterior of the
building. Interior signs or displays of beer, wine, or liquor that are clearly visible
to the exterior shall constitute a violation of this condition.
12. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
13. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant
shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction
of the Community Services Administrative Specialist.
14. Trash, recycling and potential food waste services must be provided by the City's
franchised waste hauler, Waste Management. Services may be set up by calling
(805) 522-9400. Use of any other third -party waste hauler is prohibited.
15. The proprietor shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations of the business,
including 15% overhead on any such services.
Resolution No. PC -2021 -
Page 7
16. No increase of floor area, other than what is being permitted as part of this
permit, is permitted without approval of an additional permit adjustment or
modification.
17. No outdoor storage is allowed under this approval. Any request for outdoor
storage shall be subject to the application requirements in place at the time of
such request.
18. A security alarm system shall be installed. Motion detection burglary or intrusion
alarm systems shall utilize "Dual Technology" sensors capable of differentiating
between human movement and non -human movement.
19. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a lighting plan and security plan for review and approval by the
Community Development Director and Police Chief that demonstrates
compliance with the City's Lighting Ordinance.
20. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a landscaping plan for review and approval by the Parks and Recreation
Director and Police Chief that demonstrates compliance with the Landscape
Design Standards and Guidelines.
21. Any and all employees directly involved or supervising the sale of alcoholic
beverages shall provide evidence and the business shall maintain records that
employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs"
LEAD program in the form of an ABC issued certificate.
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Ventura ABC office) to
attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
22. The hours of operation for the sale of alcohol for off-site consumption and on-site
instructional tasting are permitted as follows:
Activity
Permitted Hours
Prohibited Hours
Alcohol Sales for Off-
7:00 a.m. to 12:00 a.m., daily
12:00 a.m. to 7:00 a.m., daily
Site Consumption
Alcohol Instructional
7:00 a.m. to 12:00 a.m., daily
12:00 a.m. to 7:00 a.m., daily
Tasting
Resolution No. PC -2021 -
Page 8
23. All necessary permits must be obtained from the Building and Safety Division
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
24. All activities on the property must comply with the City's noise regulations.
25. Games or contests requiring or involving the consumption of alcoholic beverages
shall not be permitted at any time.
26. During any activity that may require the need for additional security, security
personnel must be provided to monitor the parking area(s) designated for use by
customers of the facility. The applicant shall work with the Police Department
and Community Development Department staff to determine which activities shall
require additional security.
27. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN
PUBLIC PLACES at all times and shall provide signs consistent with Section
8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community
Development Director, prior to initiation of the uses allowed by this permit. Any
smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark
Municipal Code.
28. The site shall maintain no more than 15% of the sales floor area for the display or
storage of beer, wine, and/or liquor at any time.
-END-
RESOLUTION NO. 2009-2799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE USE OF
STANDARD CONDITIONS OF APPROVAL FOR
ENTITLEMENT PROJECTS
WHEREAS, at its meeting of March 18, 2009, the City Council considered
standard conditions for entitlement projects within the City of Moorpark, received public
testimony, and after receiving oral and written public testimony, reached a decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves the use of Standard Conditions for
entitlement projects as shown in Exhibits A and B attached.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of March, 2009.
IVE-0m
(--;Ip
Maureen Benson, Assistant City Clerk
ice S. Parvin, Mayor
Attachments: Exhibit A: Standard Conditions of Approval for Subdivisions and
Planned Developments
Exhibit B: Standard Conditions of Approval for Conditional Use Permits
Resolution No. 2009-2799
Page 2
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS
A. The following conditions shall be required of all projects unless otherwise
noted.
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. The Final Map must include the final Conditions of Approval and a reference to
the adopted City Council resolution in a format acceptable to the Community
Development Director.
3. This subdivision expires two (2) years from the date of its approval. The
Community Development Director with the City Engineer's concurrence may, at
his/her discretion, grant up to one (1) additional one-year extension for map
recordation, if there have been no changes in the adjacent areas and if the
applicant can document that he/she has diligently worked towards Map
recordation during the initial period of time. The request for extension of this
Map must be made in writing, at least thirty calendar (30) days prior to the
expiration date of the map and must be accompanied by applicable entitlement
processing deposits.
4. This planned development permit expires 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 must be made in writing, at
least thirty (30) days prior to the expiration date of the permit and must be
accompanied by applicable entitlement processing deposits.
5. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City
policies at the time of the entitlement approval, supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may
be shown on said Map and/or plans or on the entitlement application. This
Resolution No. 2009-2799
Page 3
language shall be added as a notation to the Final Map and/or to the final plans
for the planned development.
6. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an
authorized governmental agency.
7. Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance
with Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, declare the project to be out of compliance, or the
Director may declare, for some other just cause, the project to be a public
nuisance. The applicant shall be liable to the City for any and all costs and
expenses to the City involved in thereafter abating the nuisance and in
obtaining compliance with the Conditions of Approval or applicable codes. If the
applicant fails to pay all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.170).
8. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement 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 so long as it does not conflict
with the California Environmental Quality Act and the more restrictive measure
or condition shall apply.
9. If any archeological or historical finds are uncovered during grading or
excavation operations, all grading or excavation shall immediately cease in the
immediate area and the find must be left untouched. The applicant, in
consultation with the ,project paleontologist or archeologist, shall assure the
preservation of the site and immediately contact the Community Development
Director by phone, in writing by email or hand delivered correspondence
informing the Director of the find. In the absence of the Director, the applicant
shall so inform the City Manager. 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 must be approved in writing by the Community Development Director.
The applicant shall pay for all costs associated with the investigation and
disposition of the find.
10. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a
grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery must be prepared and submitted to the
Community Development Director for review and approval. The development
and implementation of this Plan must include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all
specimens recovered under any scenario will be through the Los Angeles
County Museum of Natural History (LACMNH). All specimens become the
property of the City of Moorpark unless the City chooses otherwise. If the City
accepts ownership, the curation location may be revised. The monitoring and
Resolution No. 2009-2799
Page 4
data recovery should include periodic inspections of excavations to recover
exposed fossil materials. The cost of this data recovery is limited to the
discovery of a reasonable sample of available material. The interpretation of
reasonableness rests with the Community Development Director.
11. 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 and any provision amendatory or supplementary thereto. The City
will promptly notify the applicant of any such claim, action or proceeding, and, if
the City should fail to do so or should fail to cooperate fully in the defense, the
applicant shall not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees pursuant to this
condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i . The City bears its own attorney fees and costs;
i i . 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.
12. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
13. All facilities and uses, other than those specifically requested in the application
and approval 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.
14. All residential rentals shall comply with Chapter 15.34 Rental Housing
Inspection. (This Condition Applies to Residential Projects.)
FEES
15. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement the applicant shall submit to the Community Development
Department all outstanding entitlement case processing fees, including all
Resolution No. 2009-2799
Page 5
applicable City legal service fees. This payment must be made within sixty (60)
calendar days after the approval of this entitlement.
16. 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.
17. 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 then in effect. Said fees include, but are not limited to
building and public improvement plan checks and permits. Unless specifically
exempted by City Council, the applicant is subject to all fees imposed by the
City as of the issuance of the first permit for construction and such future fees
imposed as determined by City in its sole discretion so long as said fee is
imposed on similarly situated properties.
18. Parks: Prior to issuance of Zoning Clearance for a building permit, the
applicant shall submit to the Parks, Recreation and Community Services
Department fees in accordance with the Moorpark Municipal Code and to the
satisfaction of the Parks, Recreation and Community Services Director.
19. Tree and Landscape: Concurrently with the issuance of a building permit, the
Tree and Landscape Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Tree and Landscape Fee requirements
in effect at the time of building permit application. (This Condition Applies to
Commercial and Industrial Projects)
20. Fire Protection Facilities: Concurrently with the issuance of a building permit,
current Fire Protection Facilities Fees must be paid to the Building and Safety
Division in accordance with City Council adopted Fire Protection Facilities Fee
requirements in effect at the time of building permit application.
21. Library Facilities: Concurrently with the issuance of a building permit, the
Library Facilities Fee must be paid to the Building and Safety Division in
accordance with City Council adopted Library Facilities Fee requirements in
effect at the time of building permit application.
22. Police Facilities: Concurrently with the issuance of a building permit, the Police
Facilities Fee must be paid to the Building and Safety Division in accordance
with City Council adopted Police Facilities Fee requirements in effect at the
time of building permit application.
23. Traffic Systems Management: Concurrently with the issuance of a Zoning
Clearance for each building permit, the applicant shall submit to the Community
Development Department the established Moorpark Traffic Systems
Management (TSM) Fee for the approved development consistent with adopted
City policy for calculating such fee.
24. 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
Resolution No. 2009-2799
Page 6
the project. The amount of fair -share participation will be to the satisfaction of
the City Engineer and Public Works Director based on the traffic report
prepared for the project and the extent of the impact to these intersections.
25. Citywide Traffic: Concurrently with the 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 consistent with
adopted City policy for calculating such fee. The fee will be paid at the time of
building permit issuance.
26. Area of Contribution: Concurrently with 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.
27. 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 in an
amount satisfactory to the City Engineer and Public Works Director,
28. Schools: Prior to issuance of building permits for each building, the applicant
shall provide written proof to the Community Development Department that all
legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
29. 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 accordance with Municipal Code Chapter 17.50 and sections
amendatory or supplementary thereto. Contribution is 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 must have a value corresponding to, or greater than, the
contribution, and must be approved, constructed and maintained for the life of
the project in accordance with the applicable provision of the Moorpark
Municipal Code.
30. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and Public
Works Director and the Building and Safety Division the City's electronic image
conversion fee for entitle me nt/co nd itio n compliance documents; Final Map/
engineering improvement plans/permit documents; and building plans/permit
documents, respectively.
31. Fish and Game: Within two (2) business days after project approval, the
applicant shall submit to the City of Moorpark a check for the filing of the Notice
of Determination on the Negative Declaration or Environmental Impact Report
Resolution No. 2009-2799
Page 7
and County Administrative Fee, made payable to the County of Ventura, in
compliance with Fish and Game Code and County procedures.
32. Crossing Guard: Prior to recordation of Final Map or prior to the issuance of a
building permit, whichever occurs first, the applicant shall pay to the Community
Development Department an amount to cover the costs associated with a
crossing guard for five years at the then current rate, plus the pro -rata cost of
direct supervision of the crossing guard location and staff's administrative costs
(calculated at fifteen percent (15%) of the above costs). This applies to
residential project of ten (10) or more units and commercial project of greater
than 5,000 square feet.
33. 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 the citywide Storm Drain Discharge
Maintenance Fee in accordance with City Council adopted Storm Drain
Discharge Maintenance Fee requirements in effect at the time of building permit
application.
CABLE TELEVISION (These Conditions Apply to Residential Projects)
34. Prior to commencement of project construction, the applicant shall provide
notice of its construction schedule to all persons holding a valid cable television
franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in
advance of construction to allow the Cable Franchisees to coordinate
installation of their equipment and infrastructure with that schedule. The City
shall provide the applicant a list of Cable Franchisees upon request. During
construction, the applicant shall allow the Cable Franchisees to install any
equipment or infrastructure (including conduit, power supplies, and switching
equipment) necessary to provide Franchisee's services to all parcels and lots. in
the Project.
35. In the event the cable television services or their equivalent are provided to the
project or individual lots under collective arrangement or any collective means
other than a Cable Franchise (including, but not limited to, programming
provided over a wireless or satellite system contained within the Project), the
Home Owners Association (HOA), property owner association or other
applicable entity shall pay monthly to City an access fee of five percent (5%) of
gross revenue generated by the provision of those services, or the highest
franchise fee required from any City Cable Franchisee, whichever is greater.
"Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code
and any successor amendment or supplementary provision thereto. In the
event there is no HOA (e.g. in the case of an apartment project), then the
property owner shall make the payment.
36. In the event cable television services or their equivalent are provided to the
project by any means other than by a City Cable Franchise, the City's
government channel shall be available to all units as part of any such service,
on the same basis and cost as if the project was served by a City Cable
Franchise.
Resolution No. 2009-2799
Page 8
AFFORDABLE HOUSING REQUIREMENTS (These Conditions Apply to
Residential Projects)
37. Affordable Housing Agreement/Plan: Prior to the preparation of an Affordable
Housing Agreement and/or an Affordable Housing Implementation and Resale
Restriction Plan, the applicant shall pay to the City the City's cost to prepare the
required Plan and Agreement.
38. Prior to or concurrently with the first Final Map approval, the applicant shall
enter into an Affordable Housing Agreement and an Affordable Housing
Implementation and Resale Restriction Plan. Consistent with the City's
General Plan Housing Element, State law and Moorpark redevelopment
Agency Implementation Plan, this subdivision is subject to execution of an
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan between the City of Moorpark and the applicant. The
Affordable Housing Agreement and an Affordable Housing Implementation and
Resale Restriction Plan set forth the procedure for meeting an affordable
housing requirement of a negotiated percentage of the total number of
approved dwelling units for properties outside of a Redevelopment Project Area
and negotiated percentage of the total number of approved dwelling units for
projects which are in a Redevelopment Project Area. In no case may the
percentage of dwelling units restricted for low and very low income units be less
than ten percent (10%) for projects outside of the Redevelopment Project Area
and no less than fifteen percent (15%) within the Redevelopment Project Area.
The Agreement may be part of a Development Agreement.
39. Prior to the preparation of an Affordable Housing Agreement and an Affordable
Housing Implementation and Resale Restriction Plan, the applicant shall agree
to provide low income and very low income units as specified in the Special
Conditions of Approval, included herein, to meet the requirements of California
Health and Safety Code 33410 et seq.
40. Prior to the recordation of the first Final Map or where there is no Final Map,
prior to the issuance of the first building permit for this project, the applicant and
the City shall execute an Affordable Housing Agreement that incorporates a
Council approved Affordable Housing Implementation and Resale Restriction
Plan consistent with the Conditions of Approval of the project. The initial sales
price, location of the affordable units, buyer eligibility, and resale restrictions,
respective role of the City and the applicant, and any other item determined
necessary by the City shall be set forth in the Plan.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
41. 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 must be designed to
provide comprehensive on-site sign arrangement and design consistent with
the commercial/industrial center architecture and the City's Sign Ordinance
Resolution No. 2009-2799
Page 9
requirements. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
42. For all flat roofed portions of buildings, a minimum eighteen -inch (18") parapet
wall above the highest point of the flat roof must be provided on all sides. (This
Condition Applies to Commercial/Industrial and Multi -family Residential
Projects)
43. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit. (This
Condition Applies to Commercial/Industrial and Multi -family Residential
Projects)
44. The use of highly -reflective glass or highly reflective film applied to glass is not
allowed on any structures. Highly -reflective glass is defined as glass having a
visible light reflectance (VLR) rating of twenty (20) percent or greater. The use
of darkly -tinted glass is only allowed in industrial zones. Darkly -tinted glass is
defined as glass with a visible light transmittance (VLT) rating of fifty
(50) percent or less. The use of low -emissivity (Low -E) glass is encouraged, but
it must meet reflectance and transmittance requirements as noted above. The
applicant shall provide a sample of the glass to be used, along with information
on the VLR and VLT for review and approval by the Community Development
Director prior to the issuance of building permits.
45. Exterior downspouts are not permitted unless designed as an integral part of
the overall architecture and approved by the City as part of the planned
development permit. (This Condition Applies to Commercial/Industrial and
Multi -family Residential Projects)
46. Mechanical equipment for the operation of the building must be ground -
mounted and screened to the satisfaction of the Community Development
Director. The Community Development Director may approve roof -mounted
equipment, in which case, all parts of the roof mounted equipment (such as
vents, stacks, blowers, air conditioning equipment, etc.) must be below the
lowest parapet on the roof; and must be painted the same color as the roofing
material. No piping, roof ladders, vents, exterior drains and scuppers or any
other exposed equipment may be visible on the roof. (This Condition Applies
to Commercial/Industrial and Multi -family Residential Projects)
47. Roof -mounted equipment and other noise generation sources on-site must be
attenuated to 45 decibels (d BA) 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. (This Condition
Applies to Commercial/Industrial Projects)
Resolution No. 2009-2799
Page 10
48. Any outdoor ground level equipment, facilities or storage areas including, but
not limited to loading docks, trash enclosures, cooling towers, generators, must
be architecturally screened from view with masonry wall and/or landscaping as
determined by the Community Development Director. (This Condition Applies
to Commercial/Industrial and Multi -family Residential Projects)
49. A utility room with common access to house all meters and the roof access
ladder must be provided unless an alternative is approved by the Community
Development Director.(This Condition Applies to Commercial/Industrial and
Multi -family Residential Projects)
50. No exterior roof access ladders are permitted. (This Condition Applies to
Commercial/Industrial and Multi -family Residential Projects)
51. Prior to issuance of a grading permit, the applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the
above requirements must be to the satisfaction of the Community Development
Director, City Engineer and Public Works Director and the City Attorney. (This
Condition Applies to Commercial/Industrial Projects)
52. Parking areas must be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading
bay striping must be maintained so that it remains clearly visible during the life
of the development. (This Condition Applies to Commercial/Industrial and
Multi -family Residential Projects)
53. Prior to any re -striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re -striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi -family Residential Projects)
54. All parking areas must be surfaced with asphalt, concrete, or other surface
acceptable to the Community Development Director, City Engineer and Public
Works Director, and must 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, loading and common areas must be maintained
at all times to ensure safe access and use by employees, public agencies and
service vehicles. (This Condition Applies to Commercial/industrial and
Multi -family Residential Projects)
55. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically include the following:
Resolution No. 2009-2799
Page 11
a. Transformers and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1), screened from
street view with a masonry wall and/or landscaping as determined by the
Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi -family Residential Projects)
b. Bicycle racks or storage facilities, in quantities as required by the
Community Development Director and other City staff and in accordance
with the Municipal Code. (This Condition Applies to
Commercial/industrial and Multi -family Residential Projects)
C. Required loading areas with 45 -foot turning radii for loading zones
consistent with the AASHO WB -50 design vehicle and as required by the
Community Development Director, City Engineer and Public Works
Director. If drains from the loading area are connected to the sewer
system, they are subject to the approval of Ventura County Waterworks
District No. 1. (This Condition Applies to Commercial/Industrial
Projects)
d. Final exterior building materials and paint colors 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. Identification of coating or rust -inhibitive paint for all exterior metal building
surfaces to prevent corrosion and release of metal contaminants into the
storm drain system. (This Condition Applies to Commercial/Industrial
and Multi -family Residential Projects)
f. Trash disposal and recycling areas in locations which will not interfere with
circulation, parking or access to the building. Exterior trash areas and
recycling bins must use impermeable pavement and be designed to have
a cover and so that no other area drains into it. The trash areas and
recycling bins must be depicted on the final construction plans, the size of
which must be approved by the Community Development Director, City
Engineer and Public Works Director and the City's Solid Waste
Management staff. When deemed appropriate, drains from the disposal
and recycling areas must be connected to the sewer system and 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. (This Condition Applies to
Commercial/Industrial and Multi -family Residential Projects)
56. 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 and to the
satisfaction of the City Engineer and Public Works Director.
57. 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) may only be allowed, if, in the judgment of the Community
Resolution No. 2009-2799
Page 12
Development Director such change is compatible with the surrounding area.
Any approval granted by the Director must be consistent with the approved
Design Guidelines (if any) for the planned development and applicable Zoning
Code requirements. A Permit Modification application may be required as
determined by the Community Development Director.
58. All air conditioning or air exchange equipment must be ground mounted. The
equipment may only be located in a side yard in such a manner that it is not
within 15 -feet of an opening window at ground floor level of any residential
structure, and maintains a minimum 5 -foot side -yard property line setback. The
Director may approve rear yard locations where side yard locations are not
possible. (This Condition Applies to Residential Projects)
59. A minimum twenty -foot (20') by twenty -foot (20') clear and unobstructed parking
area for two (2) vehicles must be provided in a garage for each dwelling unit
less than 2,800 square feet. A minimum twenty -foot (20') deep by thirty-foot
(30') wide clear and unobstructed parking area for three (3) vehicles must be
provided in a garage for each dwelling unit greater than 2,800 square feet.
Single garages must measure a minimum of twelve -foot (12') wide by twenty -
foot (20') deep clear and unobstructed area. Steel roll -up garage doors must be
provided, unless a higher -quality alternative is approved by the Community
Development Director. Garage doors must be a minimum of sixteen feet (16')
wide by seven feet (7') high for double doors and nine feet (9') wide by seven
feet (7') high for single doors. A minimum twenty -foot (20') long concrete paved
driveway must be provided in front of the garage door outside of the street
right-of-way. All garages must be provided in accordance with the Parking
Ordinance. (This Condition Applies to Single-family Residential Projects)
60. All homes/units must be constructed employing energy saving devices. These
devices must include, but not be limited to ultra low flush toilets (to not exceed
1.6 gallons), low water use shower controllers, natural gas fueled stoves,
pilotless ovens and ranges, night set back features for thermostats connected
to the main space -heating source, kitchen ventilation systems with automatic
dampers, hot water solar panel stub -outs, and solar voltaic panel stub -outs.
(This Condition Applies to Residential Projects)
61. When required by Title 15 of the Moorpark Municipal Code and any provision
amendatory or supplementary thereto, rain gutters and downspout must be
provided on all sides of the structure for all structures where there is a
directional roof flow. Water must be conveyed to an appropriate drainage
system, consistent with NPDES requirements, as determined by the City
Engineer and Public Works Director.
OPERATIONAL REQUIREMENTS
62. 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.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
Resolution No. 2009-2799
Page 13
There shall be no idling of trucks while loading or unloading. (This Condition
Applies to Commercial/Industrial Projects)
63. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director
consistent with applicable Zoning Code provisions. (This Condition Applies to
Commercial/Industrial Projects)
64. 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
Permit Modification to the entitlement. (This Condition Applies to
Commercial/Industrial Projects)
65. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
66. The continued maintenance of the subject site and facilities is subject to
periodic inspection by the City. The Applicant and his/her successors, heirs,
and assigns are required to remedy any defects in ground or building
maintenance, as indicated by the City within five (5) working days from written
notification. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
67. No noxious odors may be generated from any use on the subject site. (This
Condition Applies to Commercial/Industrial Projects)
68. The applicant and his/her successors, heirs, and assigns must remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal must be accomplished to the satisfaction of
the Community Development Director. (This Condition Applies to
Commercial/Industrial and Multi -family Residential Projects)
69. 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. (This Condition Applies to
Commercial/Industrial Projects)
70. 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 California Vehicle Codes (CVC) on the subject property
as permitted by the CVC. (This Condition Applies to Commercial/Industrial
and Multi -family Residential Projects)
71. 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 and Public Works
Director. Phasing shall avoid, to the extent possible, construction traffic
impacts to existing adjacent residential, commercial, industrial areas, schools,
parks and other city facilities, if any.
Resolution No. 2009-2799
Page 14
72. 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 must 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. (This Condition
Applies to Commercial/Industrial and Multi -family Residential Projects)
73. The building manager or designee shall be required to conduct a routine on-site
waste management education program for educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition is to be coordinated through the City's Solid Waste
Management staff. (This Condition Applies to Commercial/Industrial and
Multi -family Residential Projects)
74. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner may enter into an agreement with the City to allow the
City to enter the property when the property owner has properly posted signs
restricting the overnight parking, repair or maintenance of truck, to enforce the
onsite restrictions and assume the costs of towing the violating vehicles. (This
Condition Applies to Commercial/Industrial and Multi -family Residential
Projects)
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
75. 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
Landscape Standards and Guidelines, policies and NPDES requirements;
including, but not limited to, all specifications and details and a maintenance
plan. Fences and walls must 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 must demonstrate proper vehicle sight distances
subject to the review of the City Engineer and Public Works Director and in
accordance with the Zoning Code, and encompass all required planting areas
consistent with these Conditions of Approval. Review by the City's Landscape
Architect Consultant and City Engineer and Public Works Director, and
approval by the Community Development Director prior to issuance of a Zoning
Clearance for building permit, is required.
76. The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director. Prior to the issuance of a grading permit, a tree survey must be
prepared to determine the valuation of the mature trees to be removed.
Enhanced replacement landscaping of equal or greater value, as determined by
the Community Development Director, must be installed in accordance with the
current applicable provisions of the Moorpark Municipal Code.
Resolution No. 2009-2799
Page 15
77. Prior to or concurrently with the submittal of the Landscaping and Irrigation
Plans, the specific design and location of the neighborhood identification
monument sign must be submitted for review and approval by the Community
Development Director. The sign must be installed concurrent with or
immediately after perimeter project wall installation. (This Condition Applies
to Single-family Residential Projects)
78. Prior to the issuance of a Zoning Clearance for final building permit
(occupancy) the applicant shall install front yard landscaping, including sod,
one fifteen (15) gallon tree and an automatic irrigation system, as approved on
the landscape plans. (This Condition Applies to Single-family Residential
Projects)
79. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, must 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, must be in
conformance with the Moorpark Municipal Code. (This Condition Applies to
Commercial/Industrial and Multi -family Residential Projects)
80. Landscape plans submitted at the time of entitlement review are conceptual
only. Entitlement approval does not include approval of the specific plant
species on the conceptual landscape plans unless indicated in the Special
Conditions of Approval. Detailed landscaping plans are subject to review and
approval by the Community Development Director for compliance with the
City's Landscape Standards and Guidelines.
81. For project sites adjacent to protected open space or to a conservation area,
none of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Standards and Guidelines may be used on any property within the development
site or the adjacent public or private right-of-way.
82. 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 must be within a
landscape maintenance district.
83. All required landscape easements must be clearly shown on the Final Map or
on other recorded documents if there is no Final Map.
84. 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 by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development Director and City's designated
arborist. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
Resolution No. 2009-2799
Page 16
85. When available, use of reclaimed water is required for landscape areas subject
to the approval of the Community Development Director, the City Engineer and
Public Works Director and Ventura County Waterworks District No. 1.
86. Landscaped areas must be designed with efficient irrigation to reduce runoff
and promote surface filtration and minimize the use of fertilizers and pesticides,
which can contribute to urban runoff pollution. Parking and associated drive
areas with five (5) or more spaces shall be designed to minimize degradation of
storm water quality. Best Management Practice landscaped areas for infiltration
and biological remediation or approved equals, must be installed to intercept
and effectively prohibit pollutants from discharging to the storm drain system.
The design must be submitted to the Community Development Director and
City Engineer and Public Works Director for review and approval prior to the
issuance of a building permit.
87. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
88. Prior to the issuance of Zoning Clearance for occupancy, all fences/walls along
lot boundaries must be in place, unless an alternative schedule is approved by
the Community Development Director.
89. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
enter into the standard Caltrans tri -party maintenance agreement to maintain
any landscaping within Caltrans right-of-way. The applicant and any
subsequent owners shall maintain all landscaping and hardscape areas that
are covered by the tri -party maintenance agreement for the life of the project.
C. Please contact the ENGINEERING DIVISION for compliance with the
following conditions:
GENERAL
90. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building
Code as adopted by the City of Moorpark and in conformance with the latest
"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 which must conform to 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).
91. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recently approved
"Engineering Policies and Standards" of the City of Moorpark, and "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
Resolution No. 2009-2799
Page 17
listed herein and above, the criteria that provide the higher level of quality and
safety prevail as determined by the City Engineer and Public Works Director.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project must be modified to conform with
the Standard or Special Condition to the satisfaction of the City Engineer and
Public Works Director.
92. Engineering plans must be submitted on standard City title block sheets of 24 -
inch by 36 -inch to a standard engineering scale representative of sufficient plan
clarity and workmanship.
93. A 15 -mile per hour speed limit must be observed within all construction areas.
94. If any hazardous waste or material is encountered during the construction of
this project, all work must be immediately stopped and the Ventura County
Environmental Health Department, the Ventura County Fire Protection District,
the Moorpark Police Department, and the Moorpark City Engineer and Public
Works Director must be notified immediately. Work may not proceed until
clearance has been issued by all of these agencies.
95. The applicant and/or property owner shall provide verification to the City
Engineer and Public Works Director 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. Additional cleaning may be required by the City
Engineer and Public Works Director depending upon site and weather
conditions. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
96. All paved surfaces; including, but not limited to, the parking area and aisles,
drive-through lanes, on-site walkways must be maintained free of litter, debris
and dirt. Walkways, parking areas and aisles and drive-through lanes must be
swept, washed or vacuumed regularly. When swept or washed, litter, debris
and dirt must be trapped and collected to prevent entry to the storm drain
system in accordance with NPDES requirements. (This Condition Applies to
Commercial/Industrial and Multi -family Residential Projects)
97. Prior to improvement plan approval, the applicant shall obtain the written
approval on approved site plan exhibit sheets for the location of fire hydrants by
the Ventura County Fire Prevention Division. Water and Sewer improvements
plans must be submitted to Ventura County Waterworks District No. 1 for
approval.
98. 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 and Public Works
Director.
Resolution No. 2009-2799
Page 18
99. Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and
particulate matter (aerosols/dust) generated during construction operations
must 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
must cease in order to minimize associated air pollutant emissions.
100. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code and any provision amendatory or supplementary
thereto, as a standard requirement for construction noise reduction.
101. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6 -foot high chain link fence around the construction site(s)
and/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.
102. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour
limitations.
GRADING
103. All grading and drainage plans must be prepared by a qualified Professional
Civil Engineer currently registered and in good standing in the State of
California and are subject to review by the City Engineer and Public Works
Director. Prior to or concurrently with the submittal of a grading plan the
applicant shall submit a soils (geotechnical) report.
104. Grading must conform to the standards contained in Chapter 17.38 Hillside
Management of the Moorpark Municipal Code and any provision amendatory or
supplementary thereto. Plans detailing the design and control (vertical and
horizontal) of contoured slopes must be provided to the satisfaction of the City
Engineer, Public Works Director and Community Development Director.
105. Prior to the issuance of a grading permit or Final Map approval, whichever
comes first, the applicant shall post sufficient surety with the City, in a form
acceptable to the City Engineer and Public Works Director, guaranteeing
completion of all onsite and offsite improvements required by these Conditions
of Approval and/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 must be
designed, bonded and constructed as a single project.
Resolution No. 2009-2799
Page 19
106. Prior to the issuance of a grading permit or Final Map approval, whichever
occurs first, the applicant shall provide written proof to the City Engineer and
Public Works Director that any and all wells that may exist or have existed
within the project have been properly sealed, destroyed or abandoned per
Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per California
Department of Conservation, Division of Oil, Gas, and Geothermal Resources
requirements.
107. Prior to issuance of a grading permit, final approved soils and geology reports
must be submitted to the City Engineer and Public Works Director. The
approved final report must encompass all subsequent reports, addendums and
revisions under a single cover. Where liquefaction hazard site conditions exist,
an extra copy of the final report must be provided by the applicant to the City
Engineer and Public Works Director and be sent by the applicant to the
California Department of Conservation, Division of Mines and Geology in
accordance with Public Resources Code Section 2697 within 30 days of report
approval.
108. Prior to issuance of the grading permit, a grading remediation plan and report
must be submitted for review and approval of the City Engineer and Public
Works Director. The report must evaluate all major graded slopes and open
space hillsides whose performance could effect planned improvements. The
slope stability analysis must be performed for both static and dynamic
conditions, using an appropriate pseudo -static horizontal ground acceleration
coefficient for earthquakes on faults, capable of impacting the project in
accordance with standard practice as outlined in DMG Special Publication No.
117, 1997.
109. Prior to issuance of the grading permit, the project geotechnical engineer shall
evaluate liquefaction potential. Where liquefaction is found to be a hazard, a
remediation plan with effective measures to avoid and control damage must be
provided to the City Engineer and Public Works Director. During construction,
measures to reduce seismic liquefaction risks shall be employed as
recommended in the approved remediation plan and associated geotechnical
report, such as placement of a non -liquefiable cap over the alluvium, removal of
the liquefiable soils, in-situ densification, or the excavation of a shear key below
the base of the liquefiable zone. Where liquefaction hazard site conditions exist,
the applicant shall provide an extra copy of the final report to the City Engineer
and Public Works Director and shall send a copy of the report to the California
Department of Conservation, Division of Mines and Geology in accordance with
Public Resources Code Section 2697 within 30 days of report approval.
110. The project must comply with all NPDES requirements and the City of
Moorpark standard requirements for temporary storm water diversion structures
during all construction and grading.
111. Prior to issuance of a grading permit, a qualified, currently registered
Professional Civil Engineer in good standing in the State of California shall be
Resolution No. 2009-2799
Page 20
retained to prepare Erosion and Sediment Control Plans in conformance with
the currently issued Ventura County Municipal Strom Water NPDES Permit.
These Plans shall address, but not be limited to, construction impacts and long-
term operational effects on downstream environments and watersheds. The
Plans must consider all relevant NPDES requirements and recommendations
for the use of the best available technology and specific erosion control
measures, including temporary measures during construction to minimize water
quality effects to the maximum extent practicable. Prior to the issuance of an
initial grading permit, review and approval by the Community Development
Director and City Engineer and Public Works Director is required.
112. Prior to the import or export of more than one hundred (100) truckloads or one
thousand cubic yards (1,000 cu. yds.) a Haul Route Permit in conformance with
the currently adopted City of Moorpark Engineering Policies and Standards is
required.
113. Where slopes exceeding 4 feet in height are adjacent to sidewalks, and streets,
the grading plan must include a slough wall, Angelus Standard slumpstone,
color or other alternative as determined by the Community Development
Director, approximately 18 inches high, with curb outlet drainage to be
constructed. behind the back of the sidewalk to prevent debris from entering the
sidewalk or street. The wall must be designed and constructed in conformance
with the City's standard wall detail. All material for the construction of the wall
shall be approved by the City Engineer and Public Works Director and
Community Development Director. Retaining walls greater than 18 inches in
height must be set back two -feet (2) from the back of the sidewalk. This two -
foot (2) area must be landscaped and have no greater than a two percent (2%)
cross fall slope. The slough wall and landscaping design is subject to the
review and approval of the City Engineer and Public Works Director and
Community Development Director.
114. Grading plans must include, but not be limited to entry walls and project
identification signs in accordance with City standards. Landscaping,
appropriate to the entry, shall be provided that will not interfere with sight -
distance or turning movement operations. The final design for the project
entrance must be reviewed and approved by the Community Development
Director and the City Engineer and Public Works Director.
115. During grading, the project geotechnical engineer shall observe and approve all
keyway excavations, removal of fill and landslide materials down to stable
bedrock or in-place material, and installation of all sub -drains including their
connections. All fill slope construction must be observed and tested by the
project geotechnical engineer, and the density test results and reports
submitted to the City Engineer and Public Works Director to be kept on file.
Cuts and slopes must be observed and mapped by the project geotechnical
and civil engineers who will provide any required slope modification
recommendations based on the actual geologic conditions encountered during
Resolution No. 2009-2799
Page 21
grading. Written approval from the City Engineer and Public Works Director
must be obtained prior to any modification.
116. Written weekly progress reports and a grading completion report must be
submitted to the City Engineer and Public Works Director by the project
geotechnical engineers. These reports must include the results and locations of
all compaction tests, as -built plans of all landslide repairs and fill removal,
including geologic mapping of the exposed geology of all excavations showing
cut cross-sections and sub -drain depths and locations. The lists of excavations
approved by the engineering geologist must also be submitted. Building permits
will not be issued without documentation that the grading and other pertinent
work has been performed in accordance with the geotechnical report criteria
and applicable Grading Ordinance provisions.
117. During grading, colluvial soils and landslide deposits within developed portions
of the properties must be re -graded to effectively remove the potential for
seismically -induced landslides in these materials. Additional buttressing, keying
and installation of debris benches must be provided in transition areas between
non -graded areas and development as recommended in the final geotechnical
reports by the project geotechnical engineer.
118. The recommendations for site grading contained in the final geotechnical
reports must be followed during grading unless modifications are submitted for
approval by the engineers -of -work and specifically approved in writing by the
City Engineer and Public Works Director.
119. Temporary irrigation, hydroseeding and erosion control measures, approved by
the Community Development Director, City Engineer and Public Works
Director, must be implemented on all temporary grading. Temporary grading is
defined to be any grading partially completed and any disturbance of existing
natural conditions due to construction activity. These measures will apply to a
temporary or permanent grading activity that remains or is anticipated to remain
unfinished or undisturbed in its altered condition for a period of time greater
than thirty (30) calendar days except that during the rainy season (October 1 to
April 15), these measures will be implemented immediately.
120. The maximum gradient for any slope must not exceed a 2:1 (horizontal:vertical)
slope inclination except where special circumstances exist. In the case of
special circumstances, where steeper slopes are warranted, a registered soils
engineer and a licensed landscape architect will review plans and their
recommendations will be subject to the review and approval of the City
Engineer, Public Works Director, and the Community Development Director.
121. All graded slopes steeper than 5:1 (horizontal: vertical) must have soil
amendments added, irrigation systems installed and be planted in a timely
manner with groundcover, trees and shrubs (consistent with the approved
landscape and irrigation plans) to stabilize slopes and minimize erosion. Timely
manner means that the slope soil amendments, irrigation systems and planting
Resolution No. 2009-2799
Page 22
on each slope must commence immediately upon the completion of the grading
of each slope, that the completion of slope grading will not be artificially delayed
and that the slope soil amendments, irrigation systems and planting must be
completed on a schedule commensurate with the grading. The planting will be
to the satisfaction of the Community Development Director, City Engineer, and
Public Works Director.
122. Grading may occur during the rainy season from October 1 to April 15, subject
to timely installation of erosion control facilities when approved in writing by the
City Engineer, Public Works Director and the Community Development Director
and when erosion control measures are in place. In order to start or continue
grading operations between October 1 and April 15, project -specific erosion
control plans that provide detailed Best Management Practices for erosion
control during the rainy season must be submitted to the City Engineer and
Public Works Director no later than September 1 of each year that grading is in
progress. During site preparation and construction, the contractor shall
minimize disturbance of natural groundcover on the project site until such
activity is required for grading and construction purposes. During the rainy
season, October 1 through April 15, all graded slopes must be covered with a
woven artificial covering immediately after completion of each graded slope.
Grading operations must cease if the applicant fails to place effective best
management measures on graded slopes immediately after construction. No
slopes may be graded or otherwise created when the National Weather Service
local three-day forecast for rain is twenty percent (20%), or greater, unless the
applicant is prepared to cover the permanent and temporary slopes before the
rain event. The artificial covering and planting will be to the satisfaction of the
Community Development Director, City Engineer, and Public Works Director.
123. During clearing, grading, earth moving, excavation, soil import and/or soil
export operations, the applicant shall comply with the City of Moorpark standard
requirements for dust control, including, but not be limited to, minimization of
ground disturbance, application of water/chemicals, temporary/permanent
ground cover/seeding, street sweeping, and covering loads of dirt. All clearing,
grading, earth moving, excavation, soil import and/or soil export operations
must cease during periods of high winds (greater than 15 mph averaged over
one hour).
124. Backfill of any pipe or conduit must be in four -inch (4") fully compacted layers
unless otherwise specified, in writing, by the City Engineer and Public Works
Director.
125. Soil testing for trench compaction must be performed on all trenching and must
be done not less than once every two feet (2') of lift and one -hundred lineal feet
(100') of trench excavated. Test locations must be noted using true elevations
and street stationing with offsets from street centerlines.
126. Prior to issuance of each building permit, the project geotechnical and/or soils
engineer shall submit an as -graded geotechnical report and a rough grading
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certification for said lot and final soils report compiling all soils reports,
addendums, certifications, and testing on the project for review and approval by
the City Engineer and Public Works Director.
127. Prior to issuance of the first building permit, the project's engineer shall certify
that the grading and improvements have been completed, as noted on the
original approved plans and any subsequent change orders.
128. When required by the Community Development Director and/or the City
Engineer and/or Public Works Director, at least one (1) week prior to
commencement of grading or construction, the applicant shall prepare a notice
that grading or construction work will commence. This notice shall be posted at
the site and mailed to all owners and occupants of property within five -hundred
feet (500') of the exterior boundary of the project site, as shown on the latest
equalized assessment roll. The notice must include current contact
information for the applicant, including all persons with authority to indicate and
implement corrective action in their area of responsibility, including the name of
the contact responsible for maintaining the list. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and
vehicles, erosion control, and the twenty-four (24) hour emergency number,
must be expressly identified in the notice. The notice must be re -issued with
each phase of major grading and construction activity. A copy of all notices
must be concurrently transmitted to the Community Development Department.
The notice record for the City must be accompanied by a list of the names and
addresses of the property owners notified and a map identifying the notification
area.
129. Consistent with the final geotechnical reports, at a minimum, the following
measures must be implemented during design and construction where
appropriate to minimize expansive soil effects on structures: potential
foundation systems to include pier and grade beam; use of structural concrete
mats and post -tensioned slabs; pad overcutting to provide uniform swell
potential; and soil subgrade moisture treatment.
130. Prior to issuance of building permits, chemical testing of representative building
pad soils is required to determine the level of corrosion protection required for
steel and concrete materials used for construction. The following measures
must be implemented where appropriate to protect against corrosion:
• use of sulfate -resistant concrete; and
• use of protective linings to encase metallic piping buried in soils warranting
such measures.
131. Engineered fills must be constructed in compliance with the standards and
criteria presented in the approved geotechnical report. The differential
thickness of the fill under individual buildings may not be greater than ten (10)
feet. These measures must be verified by construction observation and testing
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by the project geotechnical engineer as outlined in the final geotechnical
reports and approved by the City Engineer and Public Works Director.
132. Additional analysis of the predicted total and differential settlements of the
major fills at each site must be performed by the project geotechnical engineer
during the final design stage. Possible measures that may be required based
on the settlement data include surcharging, delaying construction for a period of
time before constructing on deep fills, or allowing for the predicted settlement in
the design of the project components.
133. Transfer of responsibility of California Registered Civil Engineer in charge for
the project must be in accordance with rules and guidelines set forth pursuant
to Rules of the Board for Professional Engineers and Land Surveyors,
California Code of Regulations, Title 16, Division 5, Board Rule 404. 1,
Subsections (c) and (d), that speak to Successor Licensee and Portions of
Projects.
Applicant has full right to exercise the service of a new engineer in charge at
any time during a project. When there is a change in engineer, the
applicant/owner shall notify the City Engineer and Public Works Director in
writing within 48 hours of such change. Said letter shall specify successor
California Registered Civil Engineer and shall be stamped and signed and
dated by said engineer in responsible charge and shall accept responsibility of
project. The letter will be kept on file at the City.
FINAL MAP
134. The Final Map must be prepared in accordance with the latest copy of the,
"Guide for the Preparation of Tract Maps, Parcel Maps and Records of
Survey/Corner Records" as published by the Public Works Agency of the
County of Ventura and amended from time to time. The various jurat's/notary
acknowledgements and certificates must be modified, as appropriate, to reflect
the jurisdiction of the City and the location of the subdivision within the City.
The Final Map must provide that each lot corner and street centerline
intersection, tangent point, and terminus be monumented with Ventura County
Road Standard survey monument plate E-4. Street monuments must be
intervisible. The E-4 monument disk stamping must read, "City of Moorpark", be
center punched to show the corner, and be stamped with the registration or
license number of the professional surveyor responsible for its location.
135. Concurrently with the submittal of the Final Map, the applicant shall submit a
current (dated within the last ninety (90) days) preliminary title report to the City
Engineer and Public Works Director, which clearly identifies all interested
parties, lien holders, lenders and all other parties having any record title interest
in the real property being subdivided. The preliminary title report must identify
the holders of any easements that affect the subdivision and contain the vesting
deeds of ownership and easements. Thirty (30) days prior to the submittal of
the Final Map Mylar® sheets, the applicant shall provide the City Engineer and
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Public Works Director, a subdivision guarantee policy of the property within the
Final Map and preliminary title report for each area of easement proposed to be
obtained for grading or construction of improvements.
136. Prior to or concurrently with the submittal of the Final Map, the applicant shall
provide written evidence to the City Engineer and Public Works Director that a
copy of the conditionally approved Tentative Map together with a copy of
Section 66436 of the State Subdivision Map Act has been transmitted to each
public entity or public utility that is an easement holder of record. The applicant
shall obtain subordination of senior rights of easement from any such public
utility in favor of the City.
137. At least one -hundred -twenty (120) days prior to the filing of the Final Map, if
any improvement which the applicant is required to construct or install is to be
constructed or installed upon land in which the applicant does not have title or
interest sufficient for such purposes, the applicant shall comply with all of the
requirements of Subdivision Map Act Section 66462.5 and any provision
amendatory or supplementary thereto. Prior to the filing of the Final Map the
applicant shall provide the City with an executed offsite property acquisition
agreement in a form acceptable to the Community Development Director, City
Attorney, and City Manager. As a part of the notification to the City required by
that section, the applicant shall provide the City a deposit in an amount
approved by the Community Development Director, sufficient to pay the
estimated costs and fees to be accrued by the City in obtaining said property.
Within fifteen (15) days of notification by the City that the deposited funds are
insufficient to complete the acquisition, the applicant shall deposit such
additional funds that the Community Development Director deems necessary.
During the time between notice of insufficiency of deposited funds and payment
of said insufficiency, the time limits of Section 66462.5 shall toll.
138. Prior to Final Map approval, the applicant shall obtain City Engineer and Public
Works Director approval of all required public improvement and grading plans.
The applicant shall enter into an agreement with the City of Moorpark to
complete grading, public improvements and subdivision monumentation and
post sufficient surety guaranteeing the construction and maintenance of grading
all public improvements, and private street and storm drain improvements;
construction and post construction NPDES Best Management Practice; and
subdivision monumentation in a form and in an amount acceptable to the City
Engineer. The plans must be prepared by a California Registered Civil
Engineer and sureties must meet the City's requirements for sureties and must
remain in place for one year following final acceptance of the improvements by
the City or until such time that the City Council shall approve their redemption,
whichever is the longer.
139. Prior to Final Map approval, the applicant shall post sufficient surety in an
amount acceptable to the Community Development Director, City Engineer,
Public Works Director and in a form approved by City Attorney guaranteeing
Resolution No. 2009-2799
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the payment of laborers and materialsmen in an amount no less than fifty
percent (50%) of the faithful performance surety.
140. Prior to Final Map approval and upon submittal of the Final Map Mylar® sheets,
the applicant shall provide the City Engineer and Public Works Director
electronic files of the Final Map, complete in every fashion except for
signatures, in a format satisfactory to the City Engineer and Public Works
Director.
141. Upon recordation of the Final Map(s) the applicant shall forward a photographic
process copy on 3 -mil polyester film of the recorded Map(s) to the City
Engineer and Public Works Director.
142. All lot -to -lot drainage easements or secondary drainage easements must be
delineated on the Final Map. Assurance in the form of an agreement must be
provided to the City that these easements will be adequately maintained by the
property owners to safely convey stormwater flows. Said agreement must be
submitted to the City Engineer and Public Works Director and City Attorney for
review and approval and must include provisions for the owners association to
maintain any private storm drain not maintained by a City Assessment District
in conformance with the NPDES. The agreement must be a durable agreement
that is binding upon each property owner of each lot and successors in interest.
143. Prior to Final Map approval, the applicant shall fully complete the "Final Map
Processing Procedures" as outlined in Moorpark Administrative Procedure
(MAP) CD -18, available from the Community Development Department.
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
144. Prior to construction of any public improvement, the applicant shall submit to
the City Engineer and Public Works Director, for review and approval, street
improvement plans prepared by a California Registered Civil Engineer, and
enter into an agreement with the City of Moorpark to complete public
improvements, with sufficient surety posted to guarantee the complete
construction of all improvements, except as specifically noted in these Standard
Conditions or Special Conditions of Approval.
145. Prior to issuance of the first building permit, all existing and proposed utilities,
including electrical transmission lines less than 67Kv, must be under -grounded
consistent with plans approved by the City Engineer, Public Works Director and
Community Development Director. Any exceptions must be approved by the
City Council.
146. Above -ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.)
must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within
the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided
around the obstruction. Above -ground obstructions may not be located within
or on multi-purpose trails.
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147. Prior to final inspection of improvements, the project Registered Civil Engineer
shall submit certified original "record drawing" plans with three (3) sets of paper
prints and the appropriate plan revision review fees to the City Engineer and
Public Works Director along with electronic files in a format satisfactory to the
City Engineer and Public Works Director. These "record drawing" plans must
incorporate all plan revisions and all construction deviations from the approved
plans and revisions thereto. The plans must be "record drawings" on 24" X 36"
Mylar® sheets (made with proper overlaps) with a City title block on each
sheet. In addition, the applicant shall provide an electronic file update of the
City's Master Base Map electronic file, incorporating all streets, sidewalks,
street lights, traffic control facilities, street striping, signage and delineation,
storm drainage facilities, water and sewer mains, lines and appurtenances and
any other utility facility installed for this project.
148. The street improvement plans must contain a surveyor's statement on the
plans, certifying that, in accordance with Business and Professions Code 8771,
all recorded monuments in the construction area will be protected in place
during construction, or have been located and tied with no fewer than four (4)
durable reference monuments, which will be protected in place during
construction. Copies of all monument tie sheets must be submitted to the City
on reproducible 3 -mil polyester film.
149. Prior to reduction of improvement bonds, the applicant must submit
reproducible centerline tie sheets on 3 -mil polyester film to the City Engineer
and Public Works Director.
150. All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30)
year term for public streets and ESAL for a twenty (20) year term on private
streets. All streets must be designed and constructed to the required structural
section in conformance with the latest City of Moorpark Engineering Policies
and Standards. The geotechnical or soil reports must address the need for
possible sub -drainage systems to prevent saturation of the pavement structural
section or underlying foundation. An additional one and one-half inch (1-1/2")
thick rubberized asphalt pavement must be added to the structural section for
public streets. This additional pavement may not be used in determining the
required structural section.
151. When required by the City Engineer and Public Works Director, the applicant
shall provide, for the purposes of traffic signal installation, two (2) four -inch (4")
P.V.C. conduits extending across all intersections, and surfacing through "J"
boxes to the satisfaction of the City Engineer and Public Works Director.
DRAINAGE AND HYDROLOGY
152. Prior to approval of a grading plan, the applicant shall submit to the City of
Moorpark for review and approval by the City Engineer and Public Works
Director, drainage plans with the depiction and examination of all on-site and
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off-site drainage structures and hydrologic and hydraulic calculations in a
bound and indexed report prepared by a California Registered Civil Engineer.
153. Drainage improvements must 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 must 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 must be provided to the satisfaction of
the City Engineer and Public Works Director. The applicant shall make any on-
site and downstream improvements, required by the City, to support the
proposed development.
154. The drainage plans and calculations must analyze conditions before and after
development, as well as, potential development proposed, approved, or shown
in the General Plan. Quantities of water, water flow rates, major watercourses,
drainage areas and patterns, diversions, collection systems, flood hazard
areas, sumps, sump locations, detention and NPDES facilities and drainage
courses must be addressed.
155. Local residential and private streets must be designed to have at least one dry
travel lane available during a 10 -year frequency storm. Collector streets must
be designed to have a minimum of one dry travel lane in each direction
available during a 10 -year frequency storm.
156. All stormwater surface runoff for the development must have water quality
treatment to meet the design standards for structural or treatment control BMPs
per the latest issued Ventura County Municipal Storm Water NPDES Permit.
157. The hydraulic grade line within any catch basin may not extend higher than
nine inches (9") below the flow line grade elevation at the inlet.
158. No pressure manholes for storm drains are allowed unless specifically
approved in writing by the City Engineer and Public Works Director. If
permitted, all storm drain lines under water pressure must have rubber gasket
joints.
159. All manhole frames and covers shall have a thirty inch (30") minimum diameter.
This includes all access manholes to catch basins, as well as any other storm
drain or NPDES structure.
160. The Q50 storm occurrence must be contained within the street right-of-way.
161. The maximum velocity in any storm drain system may not exceed twenty feet
(20') per second.
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162. All detention and debris structures that fall under the definition of being a dam
must have an open air spillway structure that directs overflows to an acceptable
location to the satisfaction of the City Engineer and Public Works Director.
163. Only drainage grates of a type approved by the City Engineer and Public Works
Director may be used at locations accessible by pedestrian, bicycle or
equestrian traffic. Drainage grates shall not be allowed in sidewalks or trails.
164. To verify that the Reinforced Concrete Pipe (RCP) specified on the
improvement plan is correct, theRCPdelivered to project site must have the D -
LOAD specified on the RCP.
165. The grading plan must show distinctive lines of inundation delineating the 100 -
year flood level.
166. All flows that have gone through flow attenuation and clarification by use of
acceptable Best Management Practice Systems and are flowing within brow
ditches, ribbon gutters, storm drain channels, area drains and similar devices
are to be deposited directly into the storm drain system unless an alternative
has been approved by the City Engineer and Public Works Director. Storm
drain and related easements outside the public right-of-way are to be privately
maintained unless otherwise approved by the City Council.
167. Concrete surface drainage structures exposed to the public view must be tan
colored concrete, as approved by the Community Development Director, and to
the extent possible must incorporate natural structure and landscape to blend in
with the surrounding material.
168. Prior written approval by the City Engineer and Public Works Director is
required for curb outlets that provide for pad or lot drainage onto the street.
169. Drainage devices for the development must include all necessary
appurtenances to safely contain and convey storm flows to their final point of
discharge to the satisfaction of the City Engineer and Public Works Director.
170. The applicant shall demonstrate, for each building pad within the development
area, that the following restrictions and protections can be put in place to the
satisfaction of the City Engineer and Public Works Director:
a. Adequate protection from a one -hundred (100) year frequency storm;
b. Feasible access during a fifty (50) year frequency storm.
C. Elevation of all proposed structures within the one -hundred (100) year
flood zone at least one (1) foot above the one -hundred (100) year flood
level.
Hydrology calculations must be per current Ventura County Watershed
Protection Agency Standards and to the satisfaction of the City Engineer and
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Public Works Director. Development projects within a 100 year flood zone may
require a Conditional Letter of Map Revisions (CLOMR) and Letter of Map
Revision (LOMR) as determined by the City Engineer and Public Works
Director.
171. The storm drain system must be designed with easements of adequate width
for future maintenance and reconstruction of facilities, particularly facilities
deeper than eight feet (8'). In addition, all facilities must have all-weather
vehicular access.
172. All existing public storm drain systems within the development require pre -
construction and post -construction Closed Caption Television Videoing (CCTV)
including identification by existing plan and station.
173. Storm drain systems must be constructed per the most current Ventura County
Watershed Protection District Standard Design Manual, City of Moorpark
Standards and to the satisfaction of the City Engineer and Public Works
Director.
174. All storm drain easement widths and alignments must conform to the City of
Moorpark requirements and be to the satisfaction of the City Engineer and
Public Works Director. Easements must provide sufficient room for
reconstruction of the storm drain systems and provide all weather access within
the easement, to all manholes, inlets, outlets and any other structure that
requires maintenance.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
175. Prior to the start of grading or any ground disturbance, the applicant shall
identify a responsible person experienced in NPDES compliance who is
acceptable to the City Engineer and Public Works Director. The designated
NPDES person (superintendent) shall be present, on the project site Monday
through Friday and on all other days when the probability of rain is forty percent
(40%) or greater and prior to the start of and during all grading or clearing
operations until the release of grading bonds. The superintendent shall have full
authority to rent equipment and purchase materials to the extent needed to
effectuate Best Management Practices. The superintendent shall be required
to assume NPDES compliance during the construction of streets, storm
drainage systems, all utilities, buildings and final landscaping of the site.
176. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying grading or excavation, the applicant shall
prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form
established in the Ventura Countywide Stormwater Quality Management
Program. The SWPCP must address the construction phase compliance to
stormwater quality management regulations for the project. The SWPCP,
improvement plans and grading plans must note that the contractor shall
comply with the California Best Management Practices Construction Handbook,
Resolution No. 2009-2799
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published by the California Stormwater Quality Association. The SWPCP must
be submitted, with appropriate review deposits, for the review and approval of
the City Engineer and Public Works Director. The SWPCP must identify
potential pollutant sources that may affect the quality of discharges and design
the use and placement of Best Management Practices (BMPs) to effectively
prohibit the entry of pollutants from the construction site into the storm drain
system during construction. Erosion control BMPs, which include wind erosion,
dust control, and sediment source control BMPs for both active and inactive
(previously disturbed) construction areas are required.
177. The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer and Public Works
Director may require the first version and each subsequent revision of the
SWPCP to be accompanied by a detailed project schedule that specifically
identifies the type and location of construction operations for the project. The
SWPCP must be developed and implemented in accordance with the latest
issued Ventura Countywide Stormwater Quality Management Program, NPDES
Permit, Chapter 8.52 of the Moorpark Municipal Code and any other
requirements established by the City. The applicant is responsible for ensuring
that all project contractors, subcontractors, materials suppliers, tenants and
tenants' contractors comply with all BMPs in the SWPCP, until such time as a
notice of termination has been approved by the City Engineer and Public Works
Director and accepted by the Los Angeles Regional Water Quality Control
Board. The SWPCP must include schedules and procedures for onsite
maintenance of earthmoving and other heavy equipment and documentation of
proper disposal of used oil and other lubricants. Onsite maintenance of all
equipment that can be performed offsite will not be allowed.
178. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying, grading or excavation, the applicant for
projects with facilities identified as subject to the State Board General Industrial
and Commercial permits shall prepare and submit a Stormwater Pollution
Prevention Plan (SWPPP). The SWPPP must address post -construction
compliance with stormwater quality management regulations for the project.
The SWPPP, improvement plans and grading plans must note that the
contractor shall comply with the latest edition of the California Best
Management Practices New Development and Redevelopment Handbook,
published by the California Stormwater Quality Association. The SWPPP must
comply with the Ventura Countywide Stormwater Quality Management Program
Land Development Guidelines, Technical Guidance Manual for Stormwater
Quality Control Measures, and the Stormwater Management Program (SMP) to
develop, achieve, and implement a timely, comprehensive, cost effective
stormwater pollution control program to reduce pollutants to the maximum
extent practicable. The SWPPP must be prepared in compliance with the form
and format established in the Ventura Countywide Stormwater Quality
Management Program, and submitted, with appropriate review deposits, for the
review and approval of the City Engineer/Public Works Director. The proposed
plan must also address all relevant NPDES requirements, maintenance
Resolution No. 2009-2799
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measures, estimated life spans of Best Management Practices facilities,
operational recommendations and recommendations for specific Best
Management Practices technology, including all related costs. The use of
permanent dense ground cover planting approved by the City Engineer/Public
Works Director and Community Development Director is required for all graded
slopes. Methods of protecting the planted slopes from damage must be
identified. Proposed management efforts during the lifetime of the project must
include best available technology. "Passive" and "natural' BMP drainage
facilities are to be provided such that surface flows are intercepted and treated
on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or
similar "active" devices is not acceptable and may not be used without specific
prior approval of the City Council. The use of biological filtering, bio-
remediation, infiltration of pre -filtered stormwater and similar measures that
operate without annual maintenance intervention, that are failsafe, that, when
maintenance is needed, will present the need for maintenance in an obvious
fashion and which will be maintainable in a cost effective and non -disruptive
fashion is required. As deemed appropriate for each project, the SWPPP must
establish a continuing program of monitoring, operating and maintenance to:
a. Provide discharge quality monitoring.
b. Assess impacts to receiving water quality resulting from discharged
waters.
C. Identify site pollutant sources.
d. Educate management, maintenance personnel and users, to obtain user
awareness and compliance with NPDES goals.
e. Measure management program effectiveness.
Investigate and implement improved BMP strategies.
g. Maintain, replace and upgrade BMP facilities (establish BMP facility
inspection standards and clear guidelines for maintenance and
replacement).
h. Secure the funding, in perpetuity, to achieve items "a" through "g" above.
179. 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 latest issued NPDES
Construction General Permit: Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NOI) to the City Engineer and Public
Works Director as proof of permit application. The improvement plans and
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grading plans shall contain the Waste Discharge Idenfication number for the
project.
180. Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet
the minimum requirements relating to water detention and clarification.
181. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code
and any provision amendatory and supplementary thereto.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
182. 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:
183. 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, A133205).
Final Certificate of Occupancy shall not be granted until compliance with all
applicable APCD Rules & Regulations has been satisfactorily demonstrated.
(This Condition Applies to Commercial/Industrial Projects)
184. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of
persons or to the public or which endangers the comfort, repose, health or
safety of any such persons or the public or which cause or have a natural
tendency to cause injury or damage to business or property." (This Condition
Applies to Commercial/Industrial Projects)
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
185. Prior to combustible construction, an all weather access road/driveway and the
first lift of the access road pavement must be installed. Once combustible
construction starts a minimum twenty -foot (20') clear width access
road/driveway must remain free of obstruction during any construction activities
within the development. All access roads/driveways must have a minimum
vertical clearance of thirteen feet -six inches (13'-6") and a minimum outside
turning radius of forty feet (40').
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186. Approved turnaround areas for fire apparatus must be provided when dead-end
Fire District access roads/driveways exceed 150 -feet. Turnaround areas may
not exceed a five percent cross slope in any direction and must be located
within one -hundred -fifty feet (150') of the end of the access road/driveway.
187. The access road/driveway must be extended to within one -hundred -fifty feet
(150') of all portions of the exterior wall of the first story of any building and
must be in accordance with Fire District access standards. Where the access
roadway cannot be provided, approved fire protection system or systems must
be installed as required and acceptable to the Fire District.
188. When only one (1) access point is provided, the maximum length of the access
road may not exceed eight -hundred feet (800').
189. Public and private roads must be named if serving more than four (4) parcels or
as required by the Fire District. All street naming shall be in accordance with
currently adopted City Council policy.
190. Approved walkways must be provided from all building openings to the public
way or Fire District access road/driveway.
191. Structures exceeding three stories or forty -eight -feet (48') in height must meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy -five -feet (75') in height are subject to Fire District high rise building
requirements. (This Condition Applies to Commercial/industrial and Multi-
family Residential Projects)
192. All new structures must be provided with an automatic fire sprinkler system in
accordance with current Ventura County Fire Protection District Ordinance.
193. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers. (This Condition Applies to Commercial/Industrial and
Multi -family Residential Projects)
194. Gating of private streets or parking areas must meet the requirements of
Chapter 17.32 of the Moorpark Municipal Code and any provision amendatory
and supplementary thereto and of the Ventura County Fire Protection District.
FINAL MAP
195. Prior to recordation of the Final Map(s), proposed street name(s) must be
submitted to the Community Development Director and the Fire District's
Mapping Unit for review and approval. Approved street names must be shown
on the Final Map(s). Street name signs must be installed in conjunction with the
road improvements. The type of sign must be in accordance with Plate F-4 of
the Ventura County Road Standards.
196. At least fourteen (14) days prior to recordation of any maps, including parcel
map waivers, the applicant shall submit two (2) copies of the map to the Fire
Prevention Division for approval.
Resolution No. 2009-2799
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197. Within seven (7) days of the recordation of the Final Map(s) an electronic
version of the map must be provided to the Fire District.
198. Prior to Final Map or prior to the issuance of a building permit, whichever
comes first, the applicant shall provide to the Fire District, written verification
from the water purveyor that the water purveyor can provide the required fire
flow as determined by the Fire District.
DEVELOPMENT REQUIREMENTS
199. 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.
200. Minimum six-inch (6") high address numbers must be installed prior to
occupancy, must be contrasting color to the background, and must be readily
visible at night Brass or gold plated number may not be used. Where
structures are set back more that one -hundred -fifty feet (150') from the street,
larger numbers are 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) must be posted adjacent to the driveway entrance on an elevated
post.
201. Prior to combustible construction, fire hydrants must be installed to the
minimum standards of the City of Moorpark and the Fire District, and must be in
service.
202. Prior to occupancy of any structure, blue reflective hydrant location markers
must 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 must still be installed and replaced when the final asphalt cap is
completed.
203. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1
and R-2 Occupancies must be submitted, with payment for plan check, to the
Fire District for review and approval. (This Condition Applies to
Commercial/Industrial and Multi -family Residential Projects)
204. Prior to issuance of a building permit the applicant must submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes)
to the Fire District.
205. Prior to occupancy, the fire lanes must be posted "NO PARKING FIRE LANE
TOW -AWAY" in accordance with California Vehicle Code and the Fire District.
206. 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 (300') 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 111-13 and adopted amendments. On-site fire
hydrants may be required as determined by the Fire District. Fire hydrants, if
required, must be installed and in service prior to combustible construction and
Resolution No. 2009-2799
Page 36
must conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
207. 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 must be supervised by
a fire alarm system in accordance with Fire District requirements.
208. 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 must be installed in all buildings in
accordance with California Building and Fire Code.
209. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
210. 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."
211. 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 is subject to review and approval by the
Fire District. (This Condition Applies to Commercial/Industrial and Multi-
family Residential Projects)
212. 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:
213. 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.
214. Prior to the issuance of a building permit, the applicant shall provide Ventura
County Waterworks District with:
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 fire hydrant location approvals 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.
Resolution No. 2009-2799
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215. At the time water service connection is made, cross connection control devices
must 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:
216. 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:
217. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services.
To the degree feasible and to the satisfaction of the Community Development
Director and the Police Chief, public safety planning recommendations must be
incorporated into the project plans. The applicant shall prepare a list of project
features and design components that demonstrate responsiveness to
defensible space design concepts.
-END-
Resolution No. 2009-2799
Page 38
STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMITS
The following conditions shall be required of all projects unless otherwise noted:
GENERAL REQUIREMENTS
218. 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.
219. This Conditional Use Permit expires 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
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 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.
220. The Conditions of Approval of this entitlement and all provisions of the City of
Moorpark Municipal Code and adopted City policies at the time of the
entitlement approval, supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown on said plans or
application.
221. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an
authorized governmental agency.
222. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement 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 so long as it does not conflict
with the California Environmental Quality Act and the more restrictive measure
or condition applies.
223. 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
Resolution No. 2009-2799
Page 39
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.
C. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
iii. The City bears its own attorney fees and costs;
iv. The City defends the claim, action or proceeding in good faith.
d. 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 a building permit is issued pursuant to the permit
or the use is inaugurated.
224. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
225. 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
226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement, 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 after the approval of this entitlement.
227. 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.
228. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and Public
Works Director 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.
229. Fish and Game: Within two (2) business days after the City Council/Planning
Commission adoption of a resolution approving this project, the applicant shall
Resolution No. 2009-2799
Page 40
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.
230. 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.
Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
231. Prior to issuance of a building permit, the Applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the
above requirements shall be to the satisfaction of the Community Development
Director, City Engineer, Public Works Director and the City Attorney
232. Parking areas must be maintained in accordance with the requirements of the
Moorpark Municipal Code. All parking space and loading bay striping must be
maintained so that it remains clearly visible during the life of the development.
233. Prior to any re -striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re -striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director.
OPERATIONAL REQUIREMENTS
234. 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.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or unloading.
Resolution No. 2009-2799
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235. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director and
consistent with applicable Zoning Code provisions.
236. 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
Permit Modification to the entitlement.
237. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
238. The continued maintenance of the subject site and facilities is 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) working days from written
notification.
239. No noxious odors may be generated from any use on the subject site
240. The applicant and his/her successors, heirs, and assigns shall remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal shall be accomplished to the satisfaction of
the Community Development Director.
241. Should continued compliance with these Conditions of Approval not be met the
Community Development Director may modify the conditions in accordance
with Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, declare the project to be out of compliance, or the
Director may declare, for some other just cause, the project to be a public
nuisance. The applicant shall be liable to the City for any and all costs and
expenses to the City involved in thereafter abating the nuisance and in
obtaining compliance with the Conditions of Approval or applicable codes. If the
applicant fails to pay all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.170).
242. 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.
243. 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 must 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.
Resolution No. 2009-2799
Page 42
244. 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 must be coordinated through the City's Solid
Waste Management staff.
245. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner shall enter into an agreement with the City to allow
the City, upon property posting of signs restricting the overnight parking, repair
or maintenance of truck, to enforce the onsite restrictions and assume the costs
of towing the violating vehicles.
246. 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 by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development Director and the City's designated
arborist.
247. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
ALCOHOLIC BEVERAGE REQUIREMENTS (for alcoholic beverage sales and
service)
31. The development must be in substantial conformance with the plans presented in
conjunction with this application, except any modifications as may be required to
meet specific Code standards or other conditions stipulated herein.
32. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
33. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
34. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
35. Security personnel must be provided to monitor the parking area(s) designated
for use by customers of the restaurant during any activity that may require the
need for additional security such as an outdoor concert or special sales event or
exhibit. The applicant shall work with the Police Department, Fire Department,
and Community Development Department staff to determine which activities
require additional security. The owner/manager shall be required to obtain
Temporary Use Permit approval from the City of Moorpark when a scheduled
activity could create a need for increased police presence. The only exception is
for special events held by Moorpark -based non-profit groups.
36. The applicant shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations approved by this
Resolution No. 2009-2799
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Conditional Use Permit, including fifteen (15%) percent overhead on any such
services.
37. No person under the age of eighteen (18) may serve or package alcoholic
beverages.
38. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
39. This Conditional Use Permit may be revoked or its use suspended by the City, if
any of the causes listed in Section 17.44.100.B of the Zoning Code are found to
apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
40. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this Conditional Use Permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as said Code may be amended or supplemented in the future.
41. Sales, service or consumption of liquor, beer, and wine allowed by this
Conditional Use Permit are permitted only between the hours of 10:00 a.m. and
Midnight.
42. This premise is not licensed by ABC to operate as a bar or a nightclub and must
maintain this premise as a restaurant. The quarterly gross sales of alcoholic
beverages may not exceed 50% of the gross sales of food during the same
period. The facility must at all times maintain records which reflect separately the
gross sale of food and the gross sales of alcoholic beverages of the business.
Said records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Moorpark Police Department upon demand.
43. "Walk-in" alcohol service for non -restaurant patrons is not permitted at any time.
Alcoholic beverages may only be sold/served to patrons of the facility during
dining events. Food meal service must be available during all business hours
that alcoholic beverages are sold.
44. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
45. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no liquor, beer, or wine is consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the facility. The rear door must remain closed during business hours.
46. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior advertising displays for alcoholic
beverages that are clearly visible to the exterior constitute a violation of this
condition.
47. The permittee must correct any safety or security problem within thirty (30) days
upon written notice of such a problem from the Moorpark Police Department.
Resolution No. 2009-2799
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48. A License Agreement for encroachment into the right-of-way must be obtained
prior to the initiation of any sidewalk dining or the capture fencing must be
removed. (Required when the use is on a part of the public right-of-way)
49. Any and all employees directly involved or supervising the sale/service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT RELATED
REQUIREMENTS:
50. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" must be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy will not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated.
51. Facilities must be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of persons
or to the public or which endangers the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency to cause
injury or damage to business or property."
VENTURA COUNTY FIRE PROTECTION DISTRICT RELATED REQUIREMENTS:
GENERAL
52. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may 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
53. 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.
54. Prior to installation of any fire protection system, including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
Resolution No. 2009-2799
Page 45
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one -hundred or more heads must be supervised by a
fire alarm system in accordance with Fire District requirements.
55. 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 must be installed in all buildings in
accordance with California Building and Fire Code.
56. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
57. 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."
58. 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 is subject to review and approval by the Fire
District.
-END-
Resolution No. 2009-2799
Page 46
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, Assistant City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Resolution No. 2009-2799 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
18th day of March, 2009, and that the same was adopted by the following vote:
AYES: Councilmembers Lowenberg, Mikos, Millhouse, Van Dam, and
Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 1st day of April, 2009.
Maureen Benson, Assistant City Clerk
(seal)