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HomeMy WebLinkAboutRES CC 1986 266 1986 0120RESOLUTION NO. 86- 266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING PLANNED DEVELOPMENT PERMIT NO. PD -966, ON APPLICATION OF MASH ASSOCIATES. WHEREAS, at duly noticed public hearings on October 10, October 24, and November 14, 1985, the Moorpark Planning Commission considered the application filed by Mash Associates requesting approval to construct a neighbor- hood shopping center containing 55,280 square feet of retail and office space, lo- cated southeast of the intersection of Moorpark Road and Los Angeles Avenue; and WHEREAS, after careful consideration, the Planning Commission reached its decision in the matter and adopted its Resolution No. PD- 85 -68, recommending approval of the Mitigated Negative Declaration and conditional approval of Planned Development No. PD -966; and WHEREAS, public notice having been given in time, form and manner as required by law, the City Council of the City of Moorpark has duly considered said Planned Development No. PD -966, has received testimony regarding said project, and has reached its decision; and WHEREAS, the City Council, after careful review and consideration of the information contained in the Mitigated Negative Declaration, has found that this project will not have a significant effect on the environment, and has approved the Mitigated Negative Declaration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council adopts the findings contained in the staff report dated October 10, 1985, which report is incorporated herein by reference as though fully set forth herein. SECTION 2. The City Council hereby conditionally approves Planned Development Permit No. PD-966, subject to compliance with all the conditions attached hereto, and does hereby find, determine and resolve that violation of any of said conditions shall be grounds for revocation of said permit SECTION 3. That this resolution shall take effect immediately. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED AND ADOPTED this 20th day of January, 1986. �K i{ P �+r or of the City of Moorpark, California Citv Clerk (SEAL) STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 86 -265 was adopted by the City Council of the City of Moorpark at a regular meeting thereof held on the 20th day of January , 19 86 and that the same was adopted by the following roll call vote: AYES: Councilmembers Yancy- Sutton, Prieto, Ferguson, Woolard and Mayor Weak; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 20th day of January , 19 86 City C erk (SEAL) CONDITIONS FOR: PD -966 APPLICANT: Mash Associates DATE: January 20, 1986 PAGE: 1 PLANNING DIVISION CONDITIONS: 1. That the permit is granted for the land and project as shown on plot plans and elevations labeled Exhibits "A" and "B", except or unless indicated otherwise herein. 2. That the development is subject to all applicable regulations of the C -P -D Zone and all agencies of the State, Ventura County, the City .of Moorpark and any other governmental entities. 3. The location and design of all buildings, fences, signs, roadways, parking areas, landscaping and other facilities or features shall be as shown on the plot plans and elevations labeled Exhibit Nos. A and B, except or unless indicated otherwise herein. 4. That unless the use is inaugurated not later than two years after the date this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant one additional one -year extension for use inauguration if there have been no changes in the adjacent areas, and if permittee has worked diligently toward inauguration of use during the initial two -year period. 5. That any minor changes may be approved by the Director of Community Development upon the filing of a Minor Modification application, but any major changes shall require the filing of a Major Modification application to be considered by the City Council. The Director of Community Development may approve as a Minor Modification an increase in size to Building One so long as the required additional parking has been complied with. 6. That all facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the Director of Community Development. 7. That the design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State, County and City authorities, and all such requirements and and enactments shall, by reference, become conditions of this permit. 8. That if any of the conditions or limitations of this Planned Development Permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. That prior to construction of each building, a Zoning Clearance shall be obtained from the Planning Division of the City, and a Building Permit shall be obtained from the Building and Safety Division of the City. A separate Zoning Clearance shall be obtained prior to occupancy of individual lease units within the shopping center. CONDITIONS FOR: PD -966 DATE: January 20, 1986 APPLICANT: Mash Associates PAGE: 2 10. That a landscaping and planting plan ( three sets) , together with specifica- tions and a maintenance program prepared by a State licensed Landscape Architect, in accordance with County Guidelines for Landscape Plan Check, shall be submitted to the Planning Commission for approval. The applicant shall bear the total cost of such review and of final installation inspection. The landscaping and planting plan shall be accompanied by a fee of $200.00. All landscaping and planting shall be completed and approved or bonded for, prior to the inauguration of use of this permit. Such landscaping plans shall comply with the following requirements: a. Landscaping along streets and at intersections shall not impair sight distance. Low -lying shrubbery should be planted around intersections so that a seated driver does not have to partially enter the intersection in order to gain a clear view of oncoming traffic. b. Landscaping shall be designed so as not to obstruct the view of any building or office entrance /exit, windows, walkways, or vehicles parked in the parking lot. c. Trees shall be planted along the north property line to reduce visual impacts from adjacent property. 11. That continued landscape maintenance shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the City Inspector, within two weeks after notification. 12. That all roof - mounted equipment (vents, stacks , blowers, air conditioning equipment) that may extend above the parapet wall shall be enclosed on all four sides by suitable screening or fencing. Said screening material shall be of similar material used in the construction of the parent building. 13. That trash disposal areas shall be provided in locations which will not inter- fere with circulation parking or access to the building, and shall be screened with a six (6) foot high solid fence or wall enclosure. Final design of said enclosure shall be subject to the approval of the Director of Community Development. 14. That all utilities shall be placed underground, except through transmission utilities . 15. That all parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs or posts in parking areas adjacent to landscape areas. 16. That all required yards., fences, parking areas, storage areas, operations yards, and other uses on the site shall be improved as required by these regulations and shall, at all times, be maintained in a neat and orderly manner appropriate for the C -P -D zone. CONDITIONS FOR: PD -966 DATE: January 20, 1986 17. That no use for which this permit Certificate of Occupancy has been Division of the City. In addition, issued until all onsite improvement s completed. APPLICANT: Mash Associates PAGE: 3 is granted shall be commenced until a issued by the Building and Safety no Certificate of Occupancy may be specified in this permit have been 18. Signs are subject to the Moorpark Zoning Ordinance, Article 24. A sign permit is required. 19. That no later than ten (10) days after any change of property ownership or of lessee(s) or Operator(s) of the subject. use, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s) , Lessee(s), or operator(s) , together with a letter from any such person(s) , acknowledging and agreeing to comply with all conditions of this permit. 20. That if, in the future, any use or uses are contemplated on *the site differing from what specified in this permit, either the permittee, owner, or each prospective tenant shall file a project description prior to the execution of the new lease agreement or the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the C -P -D zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent unless a minor or major modification is required, in which case all applicable fees and procedures shall apply. 21. That the permittee agrees as a condition of issuance (or renewal) and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or, in the alternative, to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by a court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligations under this condition. 22. That permittee's acceptance of this permit and /or commencement of con- struction and /or operations under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 23. That prior to issuance of a Zoning Clearance, the applicant on behalf of himself and his successors and assigns, agrees not to protest or otherwise contest the formation of any assessment district or method of assessment applicable to the development which may be established by the City of Moorpark for the purpose of maintaining landscaping and improvements within the rights -of -way. of Los Angeles Avenue and /or Moorpark Avenue. 24. Prior to occupancy, an Unconditional Availability Letter shall be obtained from County Waterworks District #1 for sewage and water service. Said letter shall be filed with the Community Development Department of the CONDITIONS FOR: PD -966 DATE: January 20, 1986 APPLICANT: Mash Associates PAGE: 4 City. Or if said Unconditional Availability Letter, in a form satisfactory to the City, cannot be obtained from the County Waterworks District, the developer shall execute a Subdivision Sewer Agreement in a form satisfactory to the City. Said agreement will permit deferral of the un- conditional guarantee for sewer and water service until issuance of a building permit for any structure within the project. 25. Prior to issuance of a Zone Clearance, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangement for payment of the Capital Construction Charge applicable to the proposed subdivision has been made. 26. That prior to occupancy, cross - connection control devices shall be installed on the water system in accordance with the requirements of the Ventura County Environmental Health Department. 27. That the building plans for the proposed retail fold markets and restaurants be approved by the Ventura County Environmental Health Department as per County Ordinance Code, prior to issuance of building permits. 28. Prior to the introduction of any eating establishment, other than that identified in PD -966, an application requesting approval of a Minor Modifica- tion shall be submitted to the Director of Community Development for approval. FIRE DEPARTMENT CONDITIONS: 29. That prior to construction, the applicant shall submit plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire hydrants. Show existing hydrants on plans within 300 feet of development. 30. That fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Water Works Manual. a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 -inch and one 21-inch - outlet (s) . b. The required fire flow shall be achieved at no less than 20 psi residual pressure. c. Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be located back of sidewalks. (Ref: City of Camarillo Engineering Drawing W -5) . 31. That the minimum fire flow required is determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by the I.S.O. Guide for Determining Required Flow. Given the present plans and information, the required fire flow is approximately 3,000 gallons per minute. The applicant shall cerify that the water purveyor can provide the required quantity at the project. CONDITIONS FOR: PD -966 DATE: January 20, 1986 APPLICANT: Mash Associates PAGE: 5 32. That a minimuim individual hydrant flow of 1,750 gallons per minute shall be provided at this location. 33. That all grass or brush exposing any structures shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. 34. That address numbers, a minimum of 6 inches high, shall be installed prior to occupancy, shall be of contrasting color to the background, and shall be readily visible at night. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguish- able from the street. In the event a structure(s) is not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 35. That fire extinguishers shall be installed in accordance with National Fire Protection Association, Pamphlet #10. The placemdnt of extinguishers shall be reviewed by the Fire Prevention Bureau. 36. That the major building shall be protected by an automatic sprinkler system, and plans shall be submitted, with payment for plan check, to the Ventura Bureau of Fire Prevention for review. CITY ENGINEER'S CONDITIONS: 37. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval a grading plan prepared by a Registered Civil Engineer; shall obtain a Grading' Permit; and shall post sufficient surety guaranteeing completion. 38. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval a detailed Geotechnical Report prepared by a California Registered Professional Engineer. The grading plan shall incorporate the recommendations of the approved Geotechnical Report. 39. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval, street improvement plans prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The improvements shall include concrete curb and gutter, sidewalk, street lights, striping and signing, and paving in accordance with the Ventura County Road Standards and consistent with the Circulation Element of the General Plan. The applicable Road Standard Plates are as follows: Los Angeles Avenue per Plate B -2A Moorpark Road per Plate B -2B with Class II bike path All driveways to be constructed per Plate E -2 modified to reflect 10 foot radius curb returns. CONDITIONS FOR: PD -966 APPLICANT: Mash Associat4es DATE: January 20, 1986 PAGE: 6 40. That prior to zoning clearance, the developer shall offer to dedicate to the City of Moorpark for public use all the public streets rights -of -way. 41. That prior to any work being conducted within the State or City right -of -way, the developer shall obtain an Encroachment Permit from the appropriate agency. 42. That in conjunction with the zoning clearance, the developer shall offer to dedicate to the City of Moorpark for public use the necessary right -of -way for Moorpark Road and Los Angeles Avenue to conform to the applicable City of Moorpark Road Standard Plates as mentioned in Condition No. 39 above. 43. That in conjunction with zoning clearance, the developer shall dedicate to the City of Moorpark the access rights adjacent to Moorpark Road and Los Angeles Avenue along the entire frontage of the parent parcel, except for approved driveways as delineated on the approved Site Plan. 44. That prior to zoning clearance, the developer shall demonstrate feasible access with adequate protection from 10 -year frequency storm to the satis- faction of the City of Moorpark. 45. That prior to issuance of a building permit, the developer shall deposit with the City of . Moorpark a contribution for the Los - Angeles Avenue Improvement Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Improvement Area of Contribution applicate rate at the time the building permit is issued. 46. That prior to zoning clearance, the developer shall indicate in writing to the City of Moorpark the disposition of any water well (s) that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per City of Moorpark standards. 47. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete the improvements, and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the following conditions before and after development: Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. 48. That prior to any work being conducted within Arroyo Simi flood plain, the developer shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. CONDITIONS FOR: PD -966 DATE: January 20, 1986 APPLICANT: Mash Associates PAGE: 7 49. That prior to zoning clearance, the developer shall submit to the City of Moorpark for review and approval, evidence that the developer will provide for the maintenance of landscaping and irrigation on private property, as well as in the public right -of -way. 50. Prior to zoning clearance, the developer shall bond for the full cost necessary to improve the existing traffic signal system at Moorpark Road and New Los Angeles Avenue to add northbound advance vehicle detection, as well as northbound and southbound left turn phasing. These improvements shall be made by the developer when deemed necessary by the City Engineer. However, if these improvements are not needed within a three year period following full occupancy, the bond shall be exonerated. 51. Developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 52. Developer shall post appropriate signs to prohibit left turns out of the driveway fronting New Los Angeles Avenue ( Highway 23) . FLOOD CONTROL CONDITIONS: 53. The preliminary Flood Insurance Rate maps indicate the site is an "A" zone. If the site is lowered in elevation through the grading process, it may become subject to flooding from the Arroyo Simi. 54. Access shall be provided to the Flood Control District through the parking lot from Moorpark Road to the service road. 55. A minimum 5 -foot chain link fence shall be installed along the Flood Control District right -of -way line for security reasons. A 14 -foot gate shall be provided near the west end of Building One. 56. A 160 -foot easement was acquired adjacent to this property for the con - construction of the original Arroyo Simi Channel. Those portions of the 160 feet of right -of -way which fall within the bounds of this lot shall be dedicated in fee to the Flood Control District. Drawing Y -3 -2102 indicates the Board of Supervisors adopted "Designated Watercourse" for the Arroyo Simi through this area. This represents the property required for the proposed future Corps of Engineers' project. Any areas exterior of the 160 -foot right -of -way indicated above which are within the Designated Watercourse and within the limits of this site shall be offered for dedication to the Flood Control District as a flood control easement. No building or permanent improvement by the developer will be permitted within the Designated Watercourse. 57. A turnaround and necessary right -of -way for District equipment shall be provided at the easterly end of the existing service road adjacent to New Los Angeles Avenue. CONDITIONS FOR: PD -966 APPLICANT: Mash Associates DATE: January 20, 1986 PAGE: 8 58. The site shall be protected from a 100 -year flood in the Arroyo Simi, to the satisfaction of the Flood Control District. As indicated above, the site is within an "A" zone, as indicated on the current Flood Hazard Boundary Maps and on proposed Flood Insurance Rate Maps. It shall be the developer's responsibility to provide the City with all engineering data necessary for presentation to the Federal Insurance Administration to cause removal of the site from within the limits of the "A: zone. 59. A Flood Control District Watercourse Permit is required for any work pro- posed within District right -of -way. SHERIFF'S DEPARTMENT CONDITIONS: CONSTRUCTION SITE SECURITY 60. A licensed security guard is recommended during the construction phase, or 61. A 6 -foot high chainlink fence shall be erected around the construction site. 62. Construction equipment, tools, etc., shall be properly securing during non - working hours. 63. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. 64. All appliances ( microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non - working hour. All serial numbers shall be recorded for identification purposes. LIGHTING 65. Parking lots shall be well lighted with a minimum maintained one -foot candle of light at ground level. 66. Lighting devices shall be protected against the elements and constructed of vandal resistant materials. 67. Lighting devices shall be of sufficient height to prohibit potential vandalism. 68. Lighting plans showing type and location of all lighting devices for all structures shall be submitted to the Sheriff's Department for review and approval. CONDITIONS FOR: PD -966 APPLICANT: Mash Associates DATE: January 20, 1986 - PAGE: 9 - BUILDING ACCESS AND VISIBILITY 69, Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. ON /OFF STREET PARKING 70. Developer shall post appropriate "No Parking" signs along the south curb line of Los Angeles Avenue between the corner of Moorpark Road and Los Angeles Avenue (southeast corner), continuing east to the north exit driveway of the shopping center. ( See Condition No. 41) . STREET CIRCULATION 71. Driveways or streets within the parking lot area shall be wide enough to permit traffic to move smoothly. The main throughfare located in front of the shopping center shall be 25 feet wide. This shall also apply to the entrance throughfare off of Los Angeles Avenue. BUILDING DESIGN 72. All exterior doors shall be constructed of solid wood core minimum of 1 -3/4" thick or of metal construction. This does not apply to front entrance doors normally constructed of glass. 73. Doors utilizing a cylinder lock shall have a minimum five (5) pintumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 74. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc. 75. Upon occupancy by the owner or proprietor, each single unit in the devel- opment constructed under the same general plan shall have locks using combinations which are interchange free from locks used in all other separate units, proprietorships or similar distinct occupancies. CITY COUNCIL CONDITION 76. The developer shall provide a 12 foot paved service access road to the rear of the main building on the southern portion of the property, between the building and the chain link fence to be constructed adjacent to the Arroyo Simi.