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HomeMy WebLinkAboutRES CC 1988 443 1988 0120RESOLUTION NO. 88 -443 A RESOLUTION OF THE MOORPARK CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING THE APPLICATION FOR PLANNED DEVELOPMENT PERMIT NO. 1064 FILED BY TOPA MANAGEMENT PARTNERSHIP FOR THAT CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF LOS ANGELES AVENUE AND SPRING ROAD. WHEREAS, pursuant to the provisions of Section Municipal Code, the applicant, Topa Management Partnership, h approval of the application for Planned Development Permit construct a 31,803 sq.ft. retail /office complex on that located at the southwest corner of Los Angeles Avenue and Parcel No. 506 - 020 -58). 8165 of the Moorpark as requested the City's No. 1064, in order to certain real property Spring Road (Assessor WHEREAS, studies and investigations were made, and staff reports and recommendations were submitted; and WHEREAS, the Planning Commission has reviewed and considered the Initial Study and Negative Declaration on the project; and WHEREAS, the Commission, upon giving the notice required by the provisions of Section 8163 -5 of the Moorpark Municipal Code and Section 65905 of the Government Code (beginning at Section 65850), did, on the 17th day of August 1987, conduct a public hearing as prescribed by law in order to consider said application for Planned Development Permit No. 1064; and WHEREAS, following the public hearing the Planning Commission adopted its Resolution No. PC -87 -150 conditionally approving Planned Development Permit No. 1064. Said resolution was adopted at the Planning Commission's regular meeting of September 9, 1987; and WHEREAS, at a duly notice public hearing on January 6, 1988, the City Council considered the subject application, has received testimony regarding said project, has duly considered said proposed project, and has reached its decision; and WHEREAS, the City Council after careful review and consideration, has determined that the proposed project will not have a significant effect on the environment, has reviewed and considered the information contained in the Mitigated Negative Declaration, and has approved the Mitigated Negative Declaration as having been completed in compliance with CEQA and the State Guidelines issued thereunder; NOW, THEREFORE, THE CITY COUNCIL. OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE: SECTION 1. That the findings contained in the staff report dated August 5, 1987, are hereby adopted, and said report is incorporated herein by reference as though fully set forth. -1- PD1064:1:20:88 APPROVED AND ADOPTED BY RESOLUTION NO. 88 -44.1 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. GENERAL REQUIREMENTS: January 20, 1988 February 4, 1988 PAGE 1 a. The permit is granted for the land and project as shown on the plot plans and elevations labeled Exhibit "C" and "D" except or unless indicated otherwise herein. b. 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. c. 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 diligently worked toward inauguration of use during the initial two -year period. d. 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. e. The design, maintenance and operation of the permit area and facilities thereon shall comply with all applicable requirements and enactments of Federal, State and County and City authorities, and all such requirements and enactments shall, by reference, become conditions of this permit. f. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. g. That signs are subject to the Moorpark Municipal Code, Chapter 50, of Title 9, Sign Ordinance. A sign permit is required. The applicant shall create a sign program which will cause a common sign letter, type and color to be used throughout the site Such program to be approved by the Director of Community Development. h. 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 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. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS CONT. 1. GENERAL REQUIREMENTS (CONT.): January 20, 1988 February 4, 1988 PAGE 2 i. If in the future, any use or uses are contemplated on the site differing from that 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. The permittee agrees as a conditions of issuance (or removal) 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, in relinquish this permit. Permittee will reimburse the City for an,, ccurt 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. k. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance by permittee of all conditions of this permit. 1. All utilities shall be placed underground to the nearest off -site facility except through transmission utilities. 2. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. A landscaping and planting plan (3 sets), together with specifications and maintenance program prepared by a State Licensed Landscape Architect, generally in accordance with County Guidelines for Landscape Plan Check or such other guidelines shall be submitted to and approved by the Director of Community Development. The landscape plan shall be in substantial conformance to the conceptual landscape plan. 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 specified by the City of Moorpark. - Landscaping along streets and at intersections shall not impair sight distance. Low -lying shrubbery should be planned 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. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.) January 20, 1988 February 4, 1988 PAGE 3 - Landscaping shall be designed as not to obstruct the view of any building or office entrance /exit, windows, walkways or vehicles parked in the parking lot. - All landscaping and planting within paved areas shall be contained within raised planters surrounded by six- (6)inch concrete curbs. b. Trash disposal areas shall be provided in locations which will not interfere with circulation parking or access to building, and shall be screened with a six (6) foot high solid wall enclosure with metal or wooden gates. Final design of said enclosure shall be subject to the approval of the Director of Community Development. c. The applicant, on behalf of himself and his successor 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 right -of -way of New Los Angeles Avenue and /or Spring Road. d. All property line walls and fences shall be no further than one inch from any property line. e. The building(s) shall be constructed employing energy- saving devices. These shall include those required by the California Administrative Code, Title 24. f. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: Avoid interference with reasonable use of adjoining properties; minimize on -site and off -site glare; provide adequate on -site lighting; limit electroliers' height to avoid excessive illumination; provide structures which are compatible with the total design of the proposed facility. These plans shall include the following: - A photometric plan showing a point by point foot candle layout to extend a minimum of twenty (20) feet outside the property lines. Layout plan to be based on a ten (10) foot grid center. - Maximum overall height of fixtures shall be not more than fourteen (14) feet in or adjacent to residential areas and not more than twenty (20) feet in non - residential areas. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT. January 20, 1988 February 4, 1988 PAGE 4 - Fixtures must possess sharp cut -off qualities at property lines. - There shall be no more than a seven to one (7:1) ratio of level of illumination shown. (Maximum to minimum ratio between Lighting Standards). - Energy efficient lighting fixtures which are compatible with adjacent commercial lighting to the north and east. - Minimum of one -foot candle illumination. g. All roof - mounted air conditioning or heating equipment, vents or ducts shall not be visible from view from any abutting lots, streets or roadways. This shall be accomplished through the extension of the main structure or roof and not through individual unit screening. Requires review and approval of working drawings by the Department of Community Development to assure roof equipment is below too of the parapet. h. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder shall be permitted. i. All exterior building materials and paint colors shall be approved by the Director of Community Development prior to the issuance of a Zone Clearance for the purpose of determining compatibility with adjacent and nearby development. j. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs and assigns agreeing to participate in the formation of and be subject to any assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects in this Los Angeles Avenue Area of Contribution, such as, but not limited to, the extension of New Los Angeles Avenue. k. Pullover parking shall be limited to 24 inches maximum. 1. A Tree Report identifying all trees and the removal of any trees exceeding 4 inches in diameter must be submitted to the City for approval. All trees removed shall be replaced with an amount of dollar value equivalent to each tree removed by providing additional landscaping within the project. m. The final working drawings shall be submitted to the Director of Community Development for review and approval. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -44:1 CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS CONT January 20, 1988 February 4, 1988 PAGE 5 n. As long as current parking requirements of the Municipal Code are in effect, no more than sixty (60) seats total in all eating establishments are permitted. At such time as the reciprocal accesses to the adjacent parcels are constructed, this will require the removal of three (3) parking spaces per access. The number of seats in the eating establishments shall be reduced accordingly. Provisions for this requirement shall be made a part of the leases for all units in the shopping center. 3. PRIOR TO ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. An unconditional "will serve" letter shall be obtained from the Ventura County Water Works District No. 1. The letter shall be filed with the Community Development Department b. The developer shall pay all school assessment fees levied by the Moorpark Unified Schc ^1 District. 4.. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. 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. b. All landscaping and planting shall be installed and inspected. c. A separate zoning clearance shall be obtained prior to occupancy of individual lease units within the shopping center. d. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the Building and Safety Division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit and has posted a Faithful Performance Bond or other form of financial security to guarantee the agreement; said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may be resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction :)f the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS (CONT.) January 20, 1988 February 4, 1988 PAGE 6 5. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: a. 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 within two weeks after notification. All landscaping shall be continually maintained in good condition and shall be watered and kept clean and weed free. Dead or dying material shall be replaced in accordance with the approved landscape plan. In addition, it shall be the responsibility to the property owner to maintain tree wells adjacent to this property in a safe condition and free from trash, weeds, or other debris and public nuisances. b. 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 CPD zone. c. Prior to the introduction of any eating establishment, other than that identified in PD -1064, an application requesting approval of a minor modification shall be submitted to the Director of Community Development for review and approval. d. No outside storage of material,, or merchandise of any kind shall be permitted after occupancy. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS January 20, 1988 February 4, 1988 PAGE 7 1. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. 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. b. The developer shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a registered professional Civil Engineer in the State of California. The grading plan shall incorporate the recommendations of the approved Soils Report. c. 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, signal modifications and paving in accordance with the Ventura County Road Standards. The applicable Road Standard Plates are as follows: - Spring Road is to be constructed per Plate B -2B for all improvements west of centerline. A meandering sidewalk will be constructed along Spring Road, with the design approved by the Director of Community Development. - Los Angeles Avenue is to be constructed per Plate B -2A for all improvements south of centerline. A meandering sidewalk will be constructed along Los Angeles Avenue, with the design approved by the Director of Community Development. - Developer shall provide to the City of Moorpark an easement of sufficient width such that all meandering walks will be within the City right -of -way. - A minimum 45 foot curb return radius will be provided at the southwest corner of the Los Angeles Avenue /Moorpark Road intersection. - The pave out of Moorpark Road and Los Angeles Avenue shall be performed so that a continuous standard cross section is maintained. No grade breaks along the cross slope are permitted. - A fog seal to center line shall be applied to Spring Road and Los Angeles Avenue following the completion of all street improvements. An erosion control plan shall be submitted for review APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS (CONT.) January 20, 1988 February 4, 1988 PAGE 8 d. 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 applicable rate at the time the Building Permit is issued. e. The developer shall indicate in writing to the City of Moorpark, the disposition of any water well(s) and any other water 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 Ventura County Ordinance No. 2372. f. 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 any agreement with the City of Moorpark to complete the improvement and shall post sufficient surety guaranteeing the construction of the improvements. The drainage plans and calculations shall indicate the fo11owing conditions hefore 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. Storm drain systems shall be sized such that all sumps shall carry a 50 year frequency storm, all catch basins on continuous grades shall carry a 10 year storm, and all culverts shall carry a 100 year frequency storm. g. An erosion control plan shall be submitted for review and approval along with the grading plan. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. h. The developer shall submit to the city of Moorpark for review and approval, evidence that this buildable site will be protected from flooding. i. The deveooper shall have prepared a geotechnical investigatitm r; lard to liquefaction, expansive soils, and seismic safety. Per the City's Safety Element, this report shall be prepared by a Registered Professional Civil Engineer or Geologist. j. The deveoper shall offer for dedicaiton to the City of Moorpar'k a street right -of -way of sufficient width along Spring Road to provide an ultimate right of way of 47 fat., west of the centerline of Spring Road along the entire frontage of the parent parcel. k. The developer shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles Avenue and Spring Road along the entire frontage of the project except for approved access road(s) as delineated on the approved site plan. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: PD -1064 APPLICANT: TOPA MANAGEMENT PARTNERSHIP .y CITY ENGINEER'S CONDITIONS (CONT.) January 20, 1988 February 4, 1988 PAGE 9 If any of the` -improvements which the subdivider is required to construct or install is to be constructed or installed upon land in which the subdivider does not have title or interest sufficient for such purposes, the subdivider shall do all of the following: - Notify the City of Moorpark in writing that the subdivider wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; - Supply the City with (i) a legal description of the interest to be acquired, (ii) a map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil Procedure, (iii) a current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the current fair market value of the interest to be acquired, and (iv) a current Litigation Guarantee Report; - Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the subdivider -will pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. m. The applicant shall prior to the issuance of a zone clearance execute a covenant running with the land on behalf of itself and its successors, heirs and assigns agreeing to participate in the formation of an assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Traffic mitigation fees shall be used for projects in this Los Angeles Avenue Area of Contribution, such as, but not limited to, the extension of New Los Angeles Avenue. n. No storm water flows from a 50 year storm shall exit the parking lot and enter onto either Los Angeles Avenue or Moorpark Road. The proposed parkway drain shown on the conceptual grading plan shall be deleted, with all water from the site directed to the new RC box along Moorpark Road. o. To provide for project related improvements, developer shall, prior to zone clearance, offer for dedication to the City of Moorpark right -of -way of sufficient width along Los Angeles Avenue to provide a total right -of -way of 59 feet south of the Los Angeles Avenue centerline along the entire frontage of the parent parcel. p. To provide for ultimate improvements, developer shall, prior to zone clearance, make an irrevocable offer to the City of Moorpark right -of -way of sufficient width along Los Angeles Avenue to provide a total right -of -way of 70 feet south of the Los Angeles Avenue centerline along the entire frontage of the parent parcel. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP CITY ENGINEER'S CONDITIONS (CONT.) January 20, 1988 February 4, 1988 PAGE 10 1. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: q. Prior to zone clearance, developer shall obtain reciprocating access easements from the properties to the south and west. 2. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: a. In the event of the unforeseen encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation shall cease in the immediate area, and the find left untouched until a qualified professional archaeologist or paleontologist, whichever is appropriate, is contacted and called in to evaluate and make recommendations as to disposition, mitigation and /or salvage. The developer shall be liable for costs associated with the professional investigation. b. 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. c. Where roads are to be built requiring 4 inches or more of pavement, developer shall construct the required pavement minus one inch as an interim condition until all utility cuts or trenching is completed. The final 1 inch cap of asphalt shall be placed after all necessary trenching is completed. 3. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. Developer shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. b. Developer shall pay for the installation of all street light fixtures as directed by the City Engineer. c. Prior to occupancy, an approximately 4 foot high by 8 foot wide reinforced concrete box will be constructed along the east property line. The location and design of the RCB will be reviewed and approved by the Ventura County Flood Control District and the City Engineer. This reinforced concrete box will connect to the existing 3 feet high by 5 feet 8 inch wide RCB crossing under Los Angeles Avenue. The new RCB will provide a stub -out where it meets the existing RCB for a future 54 inch reinforced concrete pipe entering from the east. The developer will enter into an agreement with the City of Moorpark to be reimbursed for the construction of this reinforced concrete box from the Los Angeles Area of Contribution Fund subject to review and approval by the City. The total reimbursement shall not exceed $225,000. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 January 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 11 CITY ENGINEER'S CONDITIONS (CONT.) BRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: d. Prior to occupancy, developer shall improve the intersection of Moorpark Road - New Los Angeles Avenue . The improvements shall include all work necessary to achieve the following: - Two Eastbound left turn lanes and two eastbound through lanes. - Two northbound left turn lanes and two northbound through lanes. - Two southbound left turn lanes, a southbound through lane, a souuthbound through -riyht lane, and a southbound right turn lane. - A westbound left turn lane, a westbound through lane, a westbound through -right lane, and a west bound right turn lane. - Southbound right turn cverlap signal phasing. - Westbound right turn overlap signal phasing. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS January 20, 1988 February 4, 1988 PAGE 12 1. PRIOR TO ISSUANCE OF A ZONING CLEARANCE THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. Lighting devices shall be high enough as to eliminate anyone on the ground from tampering with them. b. Landscaping shall not cover any exterior door or window. c. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. d. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. e. Front door entrances shall be visible from the street. f. Monument signs shall not block the view of a seated driver when exiting the station from another vehicle or pedestrian. g. All entrance /exit driveways shall be a minimum of 30 feet in width. h. All exterior doors shall be constructed of solid wood core minimum of 1 and 3/4- inches thick or of metal construction. Front glass doors commonly used for entry are acceptable but should be visible to the street. i. 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 1 -inch deadbolt. 2. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. A licensed security guard is recommended during the construction phase, or a 6 -foot high chain link fence shall be erected around the construction site. b. Construction equipment, tools, etc., shall be properly secured during non - working hours. 3. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. No parking along curb in front and side of business shall be allowed due to a driver visibility problems pulling into or out of station. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP VENTURA COUNTY SHERIFF'S DEPARTMENT CONDITIONS (CONT.) January 20, 1988 February 4, 1988 PAGE 13 b. If an alarm system is used, it should be wired to all exterior doors and windows and to any roof vents or other roof openings where access may be made. c. Address shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. d. Address numbers shall be a minimum of 6 inches in height and illuminated during the hours of darkness. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP VENTURA COUNTY FIRE DEPARTMENT CONDITIONS January 20, 1988 February 4, 1988 PAGE 14 1. PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. 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 plan within 300 feet of the development. b. That a plan shall be submitted to the Ventura County Bureau of Fire Prevention for review indicating the methods in which buildings are to be identified by address numbers. c. That building plans of public assembly areas, which have an occupant load of 50 or more, shall be submitted to the Ventura County Bureau of Fire Prevention for review. 2. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED a. The minimum fire flow required shall be 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 Fire Flow. Given the present plans and information, the required fire low is approximately 2750 gallons per minute. The applicant shall verify that the water purveyor can provide the required quantity at the project. 3. PRIOR TO CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: a. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the County Waterworks Manual. - Each hydrant shall be a 6 -inch wet barrel design and shall have one 4 -inch and two 2 -1/2 -inch outlet(s). - The required fire flow shall be achieved at no less than 20 psi residual pressure. - Fire hydrants shall be spaced 300 feet on center, and so located that no structure will be farther than 150 feet from any hydrant. - Fire hydrants shall be recessed in from curb face 24 inches at center. b. 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. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA MANAGEMENT PARTNERSHIP VENTURA COUNTY FIRE DEPARTMENT CONDITIONS January 20, 1988 February 4, 1988 PAGE 15 4. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. A minimum individual hydrant flow of 1500 gallons per minute shall be provided at this location. b. 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 setback more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street, the address numbers(s) shall be posted adjacent to the driveway entrance. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 CASE NO.: APPLICANT: PD -1064 TOPA NANAGEMENT PARTNERSHIP January 20, 1988 VENTURA COUNTY ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS February 4, 1988 PAGE 16 1. DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL BE SATISFIED. a. If any hazardous waste is encountered during the construction of this project all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department and the City Inspector shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 January 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 17 PLANNED DEVELOPMENT PERMIT NO. 1064 - City Council Conditions January 6, 1988 PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. Approval of this permit is for the main building in concept only. The following shall be approved by the Planning Commission and City Council. i. final elevations ii. landscape plans iii. parking area detailed with use of stamped concrete to add variety. b. The fast food restaurant will require the approval of a major modification or a new, separate, commercial planned development permit. The appropriate approval required shall be determined by the Director of Community Development. c. Two additional areas of the site plan shall be made available for future access to adjoining property to the south and west. These additional "pass- through" points shall be located at the south end of the west property line and at the west end of the south property line. Cost of this improvement when made shall be shared equally among adjoining property owners. d. The sign program shall be limited to use of three (3) colors that are complimentary or contrasting to the building colors. National registered Commercial logo's may be used with approval by Director of Community Development. e. Window and door trim shall incorporate use of wood rather than metal. f. The fountain shall be enlarged to a 25 ft. width. Benches shall be provided in the fountain area. A 6 ft. high stucco finish wall with a red brick cap shall be provided behind the fountain. g. The utility poles located on Spring Road, one each at the northeast and south east corner of the site shall be removed and power underground to the nearest off site utility pole. The existing street light on the Los Angeles Avenue frontage shall be removed, and replaced if required by the City Engineer with an appropriate light standard. APPROVED AND ADOPTED BY RESOLUTION NO. 88 -443 January 20, 1988 CASE NO.: PD -1064 February 4, 1988 APPLICANT: TOPA MANAGEMENT PARTNERSHIP PAGE 18 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. The main building shall be limited to a maximum of 60% of the gross floor area to be devoted to retail uses. The remainder shall be used for office uses. b. The following uses shall be prohibited uses for the site of this permit: 1. Automobile; Boat and Trailer Sales lots; 2. Amusement Enterprises; 3. Bowling Alleys; 4. Churches; 5. Clubs and Lodges; 6. Dance Halls 7. Grocery Stores; 8. Gymnasiums; 9. Massage Parlors; 10. Schools; 11. Wedding Chapels. 3. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED: a. Upon-the sale of part or all of the property, he buyer shall be provided with a copy of all conditions of approval of this permit. SECTION 2. The City Council hereby conditionally approves Planned Development Permit No. 1064 subject to compliance with all the conditions attached hereto, and does hereby find, determine and resolve that violation of any such conditions shall be grounds for revocation to said planned development 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 1988. Maureen W. Wa May o the City f oorpark, California (SEAL) -2- P01064:1:20:88 MOORPARK JOHN GALLOWAY Mayor *.OISE BROWN Aayor Pro Tem CLINT HARPER, Ph.D. Councilmember JOHN PATRICK LANE Councilmember MAUREEN W. WALL City Clerk THOMAS P. GENOVESE City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, Maureen W. Wall, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 88 -443 was adopted by the City council of the City of Moorpark at a meeting held on the 20th day of _ january 1988, and that the same was adopted by the following vote AYES: Councilmembers Brown, Harper, Lane and Mayor Galloway. NOES: None. ABSENT: None. ABSTAIN: None. WITNESS my hand and the official seal of said City this 22nd day of January 1988 (seal) 799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864