Loading...
HomeMy WebLinkAboutRES CC 1990 722 1990 1107RESOLUTION NO. 90 -722 /�-��• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMITS NOS. CPD -89 -1 & 2 FOR MISSION BELL PLAZA (APPLICANTS: MACLEOD CONSTRUCTION COMPANY AND VENTURA PACIFIC CAPITAL COMPANY) WHEREAS, at duly noticed public hearings on July 25, August 1, August 15, September 19 and October 17, 1990, the City Council considered the applications filed by Ventura Pacific Capital Company and Macleod Construction Company requesting approval of Commercial Planned Development Permits Nos. CPD -89 -1 & 2 for the construction and operation of medical /office /senior care facilities, day -care center and retail commercial uses, on properties located north of Los Angeles Avenue, south of the proposed Lassen Avenue extension, west of Park Lane, and east of an existing residential neighborhood in the City of Moorpark (Assessor Parcel Nos. 511- 080 -195, -205, -215, -245, -255, -265, -315, -325, and -327); and WHEREAS, the proposed project is compatible with the objects, policies and goals specified in the Moorpark General Plan; and WHEREAS, at its meetings of July 25, August 1, August 15 September 19, and October 17, 1990, the City Council opened the public hearing and took testimony from all those wishing to testify and then closed the public hearing on October 17, 1990; and WHEREAS, the City Council after review and consideration of the information contained in the Staff Report dated July 25, 1990 and the Draft and Final Environmental Impact Report (EIR) prepared for the proposed project has reached a decision on this matter; and WHEREAS, on October 17, 1990, the City Council directed staff to prepare a resolution approving the Lower Commercial component of CPD -89 -1 & 2, as shown on Exhibit A (site plan and elevations) which is attached hereto and incorporated herein by this reference. 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 City Council Staff Report dated July 25, 1990, which is incorporated herein by reference in Exhibit B as though fully set forth. - -1- SECTION 2. Pursuant to the provisions of the California Environmental Quality Act (Division 13 of the Public Resources Code of the State of California), the City Council of the City of Moorpark determines that the environmental issues, effects and mitigation of the proposed project is similar to those addressed in the EIR prepared for the proposed project and that the Council has previously taken action to certify the EIR and approve a Mitigation Monitoring Program, Findings, and a Statement of Overriding Considerations. SECTION 3. That the City Council finds that the proposed project is consistent with the City's General Plan. SECTION 4. That the proposed project will provide desirable characteristics which will be compatible with existing and proposed development in the surrounding neighborhood. SECTION 5. That the City Council approves the 187,033 square foot lower commercial component of Commercial Planned Development Permits Nos. CPD -89 -1 & 2 consistent with Exhibit A (site plan and elevations) and pursuant to the findings in the staff report dated July 25, 1990 (Exhibit B) , and the conditions of approval attached as Exhibit C to this resolution. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER 1990. -2- a -- — -- \'. l 1' . MA-Y01 ; ATTEST: Lillian E. K llerman City Clerk 111 •C�;�"`.••• Exhibits: Exhibit A: Approve = r$�ite�� an and elevations for lower commercial component Exhibit B - Findings incorporated by reference Exhibit C - Conditions of Appioval dated 11 -7 -90 -2- PAUL W. LAWRASON JR. Mayor �RNARDO M. PEREZ Mayor Pro Tern SCOTT MONTGOMERY Counci(member JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk MOORPARK 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 JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer I, Lillian E. Kellerman, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. _90 -122 _ was adopted by the City Council of the City of Moorpark at a meeting held on the 7th day of NOVEMBER 1990, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS BROWN, HARPEk, I_AWRASON, MONTGOMERY AND MAYOR PEREZ NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the (,fficial seal of said City this __ _19th_ day of __ FEBRUARY__ -. - _ , 1' >C)1. l,il l i.tn K_11erman (' ty '1(2ri. � c , ° ^ J� r.a M,, r; ,!rE 1.1 `rll:(rF.. ( ,(I ir• (}�Q` I :�29 686• EXHIBIT C CPD 89 -1 AND 89 -2 CONDITIONS OF APPROVAL - LOWER COMMERCIAL NOVEMBER 7,1990 GENERAL REQUIREMENTS 1. The permit is granted for the land and project as shown on the final plot plans and elevations approved by the City Council on October 17, 1990 (for lower commercial component only). The location and design of all site improvements shall be as shown on the approved plot and elevations except or unless indicated otherwise herein. 2. 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. Unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than one year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial one -year period. 4. All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the City of Moorpark. Any minor changes to this permit shall require the submittal of an application for a minor modification and any major changes to this permit shall require the submittal of a major modification as determined by the Director of Community Development. S. 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 enactments shall, by reference, become conditions of this permit. 6. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 8. The permittee agrees as a condition of issuance 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 of any court costs and /or attorney's fees which the City may be required by court to pay as a result of any such action. The City, mav, as its sole discretion, participate in the defense of any such action, but such participation shall not relieve permitter of his obligations under this condition. 9. Prior to submission of construction plans for plan check or initiation of any construction activity, a zoning clearance shall be obtained from the Department of Community Development. Applicant may submit building construction plans to Department of Building and Safety with a City approved Hold Harmless Agreement. 10. This Commercial I'lanned Development Permit shall expire when the use for which it is granted is discontinued for a period of 180 or more consecutive days. 11. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of the subject building, or the owner's representative shall apply for a Zoning Clearance from the Department of Community Development. 12. The Director of Community Development, or his designee, shall have the authority to conditionally approve or deny a Zoning Clearance request for tenant occupancy consistent with Article 45 of the Zoning Code. The cost of the Zoning Clearance shall be borne by the applicant for tenant occupancy. 13. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed acceptance of all conditions of this permit. 14. If any archaeological or historical artifacts are uncovered during excavation operations the permittee shall assure the preservation of the site, shall obtain the services of a qualified archaeologist to recommend proper disposition of the site, and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. Should human burial remains be encountered during any grading or excavation activities, the permittee shall cease operation and shall notify in writing the Community Development Department staff. Following notification, the permittee shall obtain the services of a qualified archaeological consultant and Native American Monitor(s) who shall assess the situation and recommend proper disposition of the site as approved by the Director of Community Development. 15. No later than ten (10) days after change of ownership or lessee of this property, the Director of Community Development shall be notified, in writing, of the new owner or lessee. The same letter shall state that the new owner or lessee has read all conditions pertaining to this Permit and agrees with said conditions. 16. Approval of the upper commercial project (north of the landscape buffer) is for the general footprint and types of land uses only. Approval of parking, setbacks, landscaping, elevations and additional land uses shall require the filing of a major modification to CPD 89 -1 and 2. PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 17. Prior to issuance of a Zoning Clearance, a comprehensive sign program for the shopping center shall be submitted to the Department of Community Development. The sign program shall be designed to provide a uniform sign arrangement and design. Only individual channel letters shall be allowed. No lighted window signs will be allowed. The sign program shall be approved by the Director of Community Development or his designee prior to the issuance of a Zoning Clearance. All new lessees shall conform to the approved sign program and be required to obtain a sign permit from the Community Development Department. Monument signs shall be limited to Los Angeles Avenue, Park Lane, and Liberty Bell Avenue and shall be externally lighted 18. Prior to issuance of a Zoning Clearance, a Surety Performance Bond in the amount of $10,000 shall be filed and accepted by the Director of Community Development. The Director of Community Development may, through a public hearing to be heard before the City Council, recommend that any or all of the funds in the Performance Bond be forfeited for noncompliance of the conditions of approval, orfor some other just cause. This condition shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals as adopted by the City Council. 19. Prior to the issuance of a Zoning Clearance, the applicant shall pay all outstanding case processing (planning and engineering), environmental impact report preparation costs, and all City legal service fees be paid for CPD 89 -1 and 89 -2. 20. Prior to the issuance of a Zoning Clearance, the applicant shall deposit fees pursuant to City Resolution No. 89-605 for condition compliance review. 21. Prior to the issuance of a Zoning Clearance, the permittee shall sign a statement indicating awareness and understanding of all permit conditions, and shall agree to abide by these conditions. 22. Exterior pedestrian trash receptacles in the walk areas shall be provided. The elevations of these receptacles shall be depicted on the plan and shall be approved by the Director of Community Development or his designee. 23. Parking spaces shall be nine (9) feet in width and twenty (20) feet in length. An additional one- half foot of width must be provided for parking spaces located adjacent to a wall. Drive aisles between parking spaces shall be thirty (30) feet in width on the major drive isles and twenty-five (25) feet on all others. 24. The existing plans shall be revised by the applicant and approved by the Director of Community Development. The following revisions shall be made: a. Only one driveway from Los Angeles Avenue shall be permitted. b. The proposed tower sign shall be eliminated. c. A 20 foot landscape setback (not including the public right -of -way) shall be provided along Los Angeles Avenue, Liberty Bell Avenue, and Park Lane. d. Trash areas and recycling bins shall be depicted on the construction plans, the size of which shall be approved by the Director of Community and City employee responsible for recycle /solid waste management programs. 25. The final construction working drawings shall be submitted to the Director of Community Development. 26. Complete landscape plans (3 sets), together with specifications and a maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with Ventura County Guide to Landscape Plans and in compliance with City of Moorpark Ordinance No. 74, and shall be submitted to the Director of Community Development. The final landscape plans shall be in substantial conformance to the conceptual landscape plan review and final installation inspection. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. All landscaping and planting shall be accomplished and approved by the Director of Community Development, or his designee, prior to the approval of occupancy. The project plans shall include the foilo%ving: a. A 50 percent shade coverage shall be provided within all parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. b. Any turf plantings associated with this project shall be drought tolerant, low -water using varieties. c. Landscaping at site entrances and exits and at any intersection within the parking lot shall not block or screen the view of seated driver from another moving vehicle or pedestrian. d. Plantings in and adjacent to parking areas -thall N contained within raised planters surrounded by six -inch high concrete curbs. e. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street. f. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. g. Earthen berms and shrub planting shall be provided to screen view of parked vehicles from access roads. h. Landscaping shall be used to screen views of any backFlow preventers. i . The emergency access easement area between Sierra Avenue and Liberty Bell Road shall be landscaped to the satisfaction of the Director of Community Development. This easement shall be located directly adjacent to the public right -of -way. 27. Prior to issuance for a Zoning Clearance, the transformer and cross connection water control devices shall be shown on the plot plan and shall be screened with landscaping or a wall. 28. DELETED 29. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the roof. 30. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material of similar color and material used in the construction of all buildings. Prior to issuance of a zoning clearance, the final design and materials for the roof screen and location of any roof mounted equipment shall be shown on the plot plan and must be approved by the Director of Community Development. All screening shall be maintained during the life of the permit 31. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking, or access to the building and shall be screened with a six foot high, solid wall enclosure with metal gates. The final design of the trash enclosure shall be subject to the approval of the Director of Community Development prior to the issuance of a zoning clearance. Pipe guards shall be eliminated around typical trash enclosures. Trash area shall provide for recycle bins as approved by the City. 32. Pullover parking (overhangs) shall be limited to 24 inches maximum. No vehicles shall be allowed to encroach onto walkways or into the required landscaped setbacks along roadways. 33. A 45 foot turning radius shall be provided for the loading zone consistent with the AASHO WB- 50 design vehicle. Prior to issuance of a zoning; clearance, the applicant shall identify the required truck radius on a copy of the site plan. 34. The applicant shall provide a minimum of 25 wet from the entry doorway of a major tenant to a travel lane. 35. The applicant shall provide a main entry whic h does not allow parking stalls to back out into a main travel lane. 36. All property line walls shall be no further than one inch from any property line. 37. The buildings shall be constructed employing energy- saving; devices. These shall include those devices required by California Administrative Code, l'itle 24 38. For all exterior lighting, a lighting plan shall tx� 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; and provide structures which are compatible with the total design of the proposed facility. The lighting plan should include the following a . 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. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be fourteen (14) feet or as otherwise approved by the Community Development Director. c. Fixtures must possess sharp cut -off qualities with maximum of one foot candle illumination at property lines. d. 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). e. Energy efficient lighting fixtures shall by provided which are compatible with adjacent properties. f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Community Development Director. No over - lighting of the center shall occur. g. No light shall be emitted above the 90 degree or horizontal plane. h. Light standards in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. 39. A utility room with common access to house all meters and the roof ladder shall be provided. No exterior access ladder of any kind shall be permitted 40. No downspouts shall be permitted on exterior of the building. 41. All exterior building materials and paint t olors shall be approved by the Director of the Community Development Department to ensure compatibility with adjacent development. 42. All exterior newspaper racks shall be painied dark brown in color and shall meet all other criteria identified in the Zoning Ordinance. 43. No asbestos pipe or construction materials .hall be used without prior approval of the City Council. 44. The applicant shall record a covenant agreeing; not to protest the formation of an underground utility assessment district. 45. All existing and proposed utilities are required to be undergroundnd to the nearest off -site utility pole except through transmission lines. This requirement for undergrounding includes all above ground power poles on the project site and those along the frontage of the site in the Caltrans right -of -way. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. 46. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. 47. In recognition of the need for public street and traffic improvements to meet the demand generated by cumulative development in the City, the applicant shall, prior to issuance of a zoning 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 and be subject to any assessment district or other financing technique including but not limited to the payment of traffic mitigation fees, to provide funds for such improvements, should such a mechanism be established by the City. 48. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area to support the City's current and future park system. 49. The applicant shall contribute to the City of Moorpark's Art in Public Places fund, an amount of $10 per each 100 square feet of building floor area. 50. The applicant shall make a one -time monetary contribution of $270,945.00 to the City's Traffic Management System Fund consistent with the "buy downs" calculations given in the Environmental Impact Report, and shall make an additional contribution of $100,000.00 as agreed to by the applicant consistent with their agreement at the City Council public hearing of October 17, 1990. Any additional square footage proposed for the upper or lower commercial must also pay the applicable APCD buydown rate. 51. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan, and shall obtain a Hazardous Waste Generator Permit if required. A copy of all Hazardous Waste Generator Permits shall be forwarded to the City of Moorpark Department of Community Development by certified mail to be placed in the project file. 52. All roof top mechanical equipment and other noise generation sources shall be attenuated to 55 dB(A) at the property line, or to the ambient noise level at the property line measured at the time of the occupancy request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent tenant occupancy or any subsequent tenant occupancy, Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 53. To encourage employees to use alternative means of transportation to reduce automobile trips, common bicycle storage facilities shall be provided. Proposed bicycle storage areas shall be reviewed and approved by the Director of Community Development prior to issuance of a zoning clearance. 54. If any archaeological or historic finds are uncovered during excavation operations, the permittee shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. PRIOR TO ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 55. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from Ventura County Waterworks District No. 1. 56. The applicant shall pay all school assessment fees levied by the Moorpark Unified School District. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 57. The area of the upper commercial, north of the proposed landscape buffer, shall be landscaped prior to the issuance of a certificate of occupancy of this permit. A landscape plan shall be submitted for this area in conjunction with landscape plans for CPD -89 -1 and 2. 58. 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 landscaped areas. 59. The landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscalx and Irrigation Plans. 60. DELETED 61. No use for which this permit is granted shall be commenced with 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 have been completed or the applicant has provided some form of financial security to guarantee the agreement such as a Faithful Performance Bond. 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 by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development. 62. Prior to initial tenant occupancy and any subsequent change in tenant occupancy, the owner of the subject building, or the owners representative, shall apply for a zoning clearance from the Community Development Department. 63. DELETED 64. At the time water service connection is madL' for each project, cross connection control devices shall be installed for the water system in accordance with the requirements of the Ventura County Environmental Health Department. AFTER ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE APPLICABLE: 65. No later than ten(10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(s) and address(es) of the new owner(s), lessees) or operator(s) together with a letter from any such person(s) acknowledging and agreeing to comply with all conditions of these permits. 66. The continued maintenance of the permit irea and facilities 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 Department of Community Development within five (5) days after notification. Landscaping installed as a condition of approval at this project shall be continually maintained by the owner(s) of the subject commercial development 67. Prior to occupancy by any tenant or subsequent owner whose business would employ or dispose of hazardous materials, a Major Modification approval shall be required. 68. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. 69. No outside storage of any materials, overnight parking of any vehicles in the parking lot, or overnight parking of any semi - trucks or truck trailers beyond the loading zone shall be permitted. 70. Except for gasoline deliveries, loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. 71. All restaurants, bars and taverns shall close no later than 1:00 a.m. 72. There shall be no auto service other than the gas sales and the car wash at this commercial center. 73. No noxious odors which would impact the adjacent development shall be generated from any use on the subject site. 74. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the City. 75. Yards, parking areas and other open uses on the site shall be maintained in a neat and orderly manner at all times. No exterior storage of any kind is permitted. 76. All uses shall conduct business inside a building except gasoline and carwash service. No outside display of goods is permitted. Sidewalk sales require approval of a temporary use permit from the Department of Community Development. 77. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to 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 CPD 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 to the Planned Development is required, in which case all applicable fees and procedures shall apply. 78. All exterior eating and seating areas shall tie accomplished with the approval of a minor modification approval process. 79. No shopping carts or merchandise shall be stared in any pedestrian walkway areas including the exterior area in front of the proposed major market. A sidewalk sale shall require Community Development Department approval of a temporary u'e permit. CITY ENGINEER'S CONDITIONS - CPD 89 -1 (MacLeod) and CPD 89 -2 (Ventura Pacific) PRIOR TO ZONE CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 80. a. The applicant shall record a parcel map(s) encompassing CPD 89 -1 and CPD 89 -2 and all conditions of approval. b. Prior to final map approval or first building permit (whichever is first), the applicant shall deposit with the City a contribution for the Los Angeles Avenue Area of Contribution. The actual deposit shall be the then current Los Angeles Avenue Area of Contribution rate. 81. The applicant shall submit to the City 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. Cut or fill slopes shall be no steeper than 2:1 (horizontal:vertical). At the applicant's request. a staged grading plan can be submitted for City Engineer review and approval. An erosion control plan shall be submitted for review and approval if any grading is to occur between October 15 and April 15. Along with erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. All haul routes shall be approved by the City Engineer. On -site haul routes shall be limited to graded areas only. 82. The applicant shall submit to the City for review and approval, a detailed soils and geotechnical report prepared by both a civil engineer and a geotechnical engineer registered with the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. The grading plan shall in, orporate the recommendations of the approved soils report. Review of the soils and geotechnical report by the City's geotechnical consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative casts. 83. The applicant shall submit to the City for review and approval, street improvement plans prepared by a registered civil engineer; shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. Any necessary right -of -way acquisition necessary to complete the required improvements will be acquired by the applicant a' their expense. The improvements shall include concrete curb and gutter, sidewalk, street lights, traffic signals, striping and signing, traffic control, paving, and any necessary transitions to the satisfaction of the City Engineer. All driveway locations shall be approved by the City Engineer and the Director of Community Development. The applicable Ventura County Road Standard Plates are as follows: a. Los Angeles Avenue per Plate B -2A, modified north of centerline to have 59 feet of right -of -way, 51 foot pavement width and a 6 foot sidewalk. The sidewalk shall be located within the landscaped area in a pedestrian easement as necessary. Applicant shall construct improvements north of the centerline across the frontage of the project. Applicant shall also construct sufficient roadway widening along the south side to permit restriping for a westbound auxiliary lane across the entire frontage of the project, as well as a 12 foot wide eastbound right turn pocket providing a minimum of 150 feet of storage at Liberty Bell Road (see Figure 1). All Los Angeles Avenue improvements shall be shown first on preliminary plans which shall be submitted to the City for review and approval, after which they will be submitted to Caltrans for review and approval. If Caltrans will not approve the preliminary plans, the preliminary plans shall be returned to City Council for consideration of alternative improvements. IrAw Any direct expenses incurred by the applicant relating to the right -of -way acquisition along the south side of Los Angeles Avenue shall be reimbursed by the future developer(s) of the property located along the south side of Los Angeles Avenue. The City will enter into an agreement with the applicant agreeing to condition the future developer of the property along the south side of Los Angeles Avenue to reimburse the applicant to the extent legally enforceable. The applicant shall pay all legal Costs, including but not limited to, attorney fees and administrative costs incurred by the City to impose and /or enforce :.aid agreement. The agreement will be prepared by the City Attorney, subject to review by the applicant. The applicant shall pay the City's legal expenses to prepare the agreeme-- The applicant shall make an irrevocable offer of dedication of an additional 9 feet across the frontage of the project. The City may, in the future, elect to accept this dedication to provide for construction of additional improvements. The applicant shall design the main driveway project entrance between Park Lane and Liberty Bell Road to provide one inbound lane and one outbound lane. The required Los Angeles Avenue improvements shall include restriping to provide a striped island in the vicinity of this driveway, thereby prohibiting left turns in or out of the driveway. In conjunction with other Los Angeles Avenue improvements, all necessary transitions shall be designed and constructed to the satisfaction of the City Engineer and Caltrans. Any improvements constructed by the City with Los Angeles Avenue Area of Contribution funds that would normally be the responsibility of the applicant shall be offset by special applicant contributions to the Los Angeles Avenue Area of Contribution fund. b. Liberty Bell Road per Plate B -3D and shall be designed and constructed to align with the ultimate Liberty Bell Road alignment south of Los Angeles Avenue. The Liberty Bell Road - Los Angeles Avenue intersection must be designed and constructed to provide for necessary turning pockets and must be reviewed and approved by the City Engineer prior to recordation so that the dedication of right -of -way on the map will be the ultimate right -of -way dedication. Liberty Bell Road will be a variable width street, with all elements designed to the satisfaction of the City Engineer. A conceptual configuration of the proposed improvements is shown in the attached Figure 2. Although it is intended that the concept shown on this figure be implemented, it is understood that final plan details such as transition design may vary from that shown in the figure. C . Lassen Avenue per Plate B -5A, modified to have 56 feet of right -of -way to match the existing, previously dedicated, alignment per Parcel Map No. 3781 on the easterly portion of the project site. Lassen Avenue shall have a 6 foot sidewalk and 4 foot landscaped area on the south side, within the 8 foot parkway area and a 2 foot landscape and pedestrian easement. All improvements south of centerline plus 12 feet north of centerline except along the Chaparral Middle School frontage where full -width street improvements (including curb, gutter, sidewalk, driveway and landscaping) shall be constructed. Landscaping and irrigation shall be installed along the easement area between the school district property and future Lassen Avenue. The landscaping shall be designed and constructed to the satisfaction of the Director of Community Development. All necessary transitions shall be constructed to the satisfaction of the City Engineer. The only connection of Lassen Avenue to Sierra Avenue shall be in the form of an unpaved emergency access easement area west of Liberty Bell Road. This easement shall be to the satisfaction of the City Engineer, the Director of Community Development, the Sheriff's Department and the Fire Department. The connection of Lassen Avenue to Liberty Bell Avenue shall be in the form of a knuckle per City standard. d Although not a requirement of this development, it is noted for future reference that any future street intersecting Lassen Avenue in the vicinity of the traffic circle servicing the proposed office buildings east of Liberty Bell Road shall not be offset from the traffic circle. e. Park Lane per Plate B -3D, modified west of centerline to have 28 foot right -of -way, 20 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway area and a 4 foot landscape and pedestrian easement; with the portion of Park Lane located within 150 feet north of the prolongation of the northern right -of -way of Los Angeles Avenue designed and constructed in accordance with Plate B -3D, modified to have 65 foot right -of -way width, 49 foot pavement width, 6 foot landscaped area and 6 foot sidewalk within the 8 foot parkway area and a 4 foot pedestrian easement. All necessary transitions shall be designed and constructed to the satisfaction of the City Engineer. The intersection of Park Lane and Lassen Avenue shall be designed and constructed as a standard knuckle. The anticipated lane configuration on Park Lane at the Los Angeles Avenue intersection includes one southbound right turn lane, one southbound through lane, one southbound left turn lane, and one northbound through lane. To the greatest extent practicable, Park Lane improvements north of Los Angeles Avenue shall align with ultimate improvements south of Los Angeles Avenue. Design of the Park Lane - Los Angeles Avenue intersection must be reviewed and approved by the City Engineer prior to recordation so that the dedication of right -of -way on the map will be the ultimate right -of -way dedication. f. No portion of any project driveway may be within 150 feet of the nearest curb prolongation of an adjacent intersection. g. The applicant shall construct the necessary improvements to provide Class II bicycle lanes (5 feet wide) along Liberty Bell Road per the Circulation Element of the Moorpark General Plan. h. The applicant shall be responsible for all maintenance of the public sidewalks and landscaped parkways on Los Angeles Avenue, Liberty Bell Road, Park Lane and Lassen Avenue. The applicant shall agree to provide the necessary public maintenance easements for the landscaped areas along and adjacent to Los Angeles Avenue, Park Lane, Lassen Avenue and Liberty Bell Road. The applicant shall also not oppose the formation of a landscape maintenance assessment district, if and when created by the City. 84. The applicant shall demonstrate for each building pad to the satisfaction of the City as Follows a. Adequate protection from 100 -year frequency storm; b. Feasible access during a 10 -year frequency storm. 85. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a registered civil engineer; shall enter into an agreement with the City 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 developmen• The Hydrology /Hydraulic Report and Hydraulic Plans shall address the entire project including the proposed RPD and the following: • No flows from a 50 year storm shall flow from this project onto Los Angeles Avenue, or to the existing tract (Tract 1240) to the west. • The required storm drain improvements required to pick up off - site storm water and carry it to its final disposal from Poindexter Avenue, McFadden Avenue, Cornette Avenue and Park Lane as identified by the City of Moorpark Master Drainage Study, shall be designed and constructed. (Note: The applicant has proposed directing storm water from Poindexter Avenue directly into the Walnut Canyon drain as an alternative to carry this storm water across the site. It is emphasized that this alternative will require permits from the Ventura County Flood Control District, Southern Pacific Railroad and City of Moorpark. This alternative can be considered, but all plans and permits must be completed prior to approval of the final map.) • The storm drain along Los Angeles Avenue shall be extended from its full size terminus to connect to the existing 54" RCP east of Shasta Avenue. Should the existing storm drain between Shasta Avenue and the Arroyo Simi require enlargement, the City shall reimburse the applicant for one -half the construction cost to a maximum of $100,000. • The on -site drainage system shall be designed to provide retention such that 10 year flows after development do not exceed existing 10 year flows. This condition can be waived if the Moorpark Avenue storm drain is funded by the City of Moorpark and construction is permitted by Caltrans. • This study shall analyze the hydraulic capacity of the Shasta Drain to the Arroyo Simi with and without the Moorpark Avenue storm drain connection. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps and drainage courses. Hydrology shall be per current Ventura County Standards except as follows: • all catch basins in -;ump locations shall carry a 50 -year frequency storm; • all catch basins on continuous grades shall carry a 10 -year storm; • all catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows: • all culverts shall carry a 100 -year frequency storm; • drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; • under a 10 -year frequency storm, all collector streets shall be provided with a minimum of one travel lane with a goal that local, residential streets shall have one travel lane available where possible. • Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the applicant. • All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer. The applicant shall demonstrate legal access for each parcel to the satisfaction of the City. 87. The applicant shall indicate in writing to the City the disposition of any water well(s) or any other well that may exist within the project. 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 and per Division of Oil and Gas requirements. 88. If any of the improvements 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 do all of the following at least 60 days prior to the filing of the final or parcel map for approval pursuant to Government Code Section 66457. a. Notify the City in writing that the applicant wishes the City to acquire an interest in the land which is sufficient for such purposes as provided in Government Code Section 66462.5; b. 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; C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the applicant 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. 89. The applicant shall pay all energy costs associated with street lighting for a period of one year from the initial energizing of the street lights. 90. 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 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, and public street and traffic improvements directly or indirectly affected by the development 91. The applicant shall post sufficient surety guaranteeing completion of all improvements which revert to the City (i.e., landscaping, parks, fencing, etc.) or which require removal (i.e., model homes, temporary debris basins, etc.). 92. Applicant shall post sufficient surety for the installation of a traffic signal at the intersection of Los Angeles Avenue - Liberty Bell Road. The applicant will be eligible to receive reimbursement from the Los Angeles Avenue Area of Contribution of up to $65,000 or 50 percent of the construction expenses, whichever is less. 93. The applicant shall post sufficient surety for the installation of a traffic signal at the intersection of Los Angeles Avenue - Park Lane. 94. The applicant shall make a special contribution to the City representing the applicant's prorata share of the costs of improvements to the following intersections: e Poindexter Avenue - Moorpark Avenue minimum contribution of $16,800. • Los Angeles Avenue - Uabbert Road minimum contribution of $16,200. • Los Angeles Avenue - Moorpark Avenue minimum contribution ;)f $28,500. 0 Spring Road - New Los Angeles Avenue minimum contribution f 525,500. To determine final prorated costs of these improvements, the applicant shall first prepare conceptual plans to the satisfaction of the City Engineer. The prorata share shall be developed based on the incremental traffic added by the project, and shall be approved by the City Council prior to zoning clearance. The contribution shall then be paid to City, prior to zoning clearance. 95. The applicant shall offer to dedicate to the City of Moorpark for public use, all right -of -way for public streets. 96. The applicant shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 97. The applicant shall offer to dedicate to the City of Moorpark, public service easements as required. 98. The applicant shall dedicate to the City of Moorpark the access rights adjacent to Los Angeles Avenue, Lassen Avenue, Park Lane and Liberty Bell Road except for approved access roads. 99. Lot to lot drainage easements and secondary drainage easements shall be delineated on the final map(s). Assurance shall be provided to the City that these easements will be adequately maintained by property owners to safely convey storm water flows. 100. a. The applicant shall provide a reciprocal access agreement as necessary to permit access between CPD 89 -1, CPD 89 -2 and the parcel abutting the westerly project boundary and Los Angeles Avenue. b. The applicant shall agree to participate in creating a vehicle connection with the Town Center Mall (located to the east). Applicant shall not withhold any necessary reciprocal access agreement to accomplish this vehicle connection. This condition shall not affect the approved site plan under the CPD 89 -1 and CPD 89 -2 entitlements without mutual agreement between the applicant and the City. DURING CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 101. That prior to any work being conducted within the State or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate Agencies. 102. 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 Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 103. Where roads are to be built requiring 4 or more inches of pavement, applicant shall construct the required street section minus 1 -inch of paving 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. 104. Construction activities (any noise making activity including the operation or movement of equipment) shall be limited to only the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 9:00 a.m. to 7:00 p.m. on Saturday. No job site activity shall occur before or after these hours and nc. at all on Sunday and Holidays. 105. The applicant shall utilize all prudent and reasonable measures (including a 6 foot high chain link fence around the entire project perimeter) to prevent unauthorized persons from entering the work site at any time and to :,rotect the public from accidents and injury. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 106. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 107. The Los Angeles Avenue - Liberty Bell Avenue traffic signal shall be operational prior to any occupancy for this project. 108. The Los Angeles Avenue Park Lane traffic signal shall be constructed by the applicant prior to the occupancy of the 100,000th square foot or when it meets established signal warrants (whichever comes first) and shall be operational if approved by Caltrans. If construction of this signal is not allowed by Caltrans at the time of the applicant's request for occupancy, the applicant shall deposit 125% of the total estimated construction cost with the City. The required bond for this signal can be exonerated if the cash deposit is provided to the City. This construction cost shall include associated engineering, construction inspection and administration costs. Thi. cash deposit does not relieve the applicant from constructin; this , ignal. The applicant shall construct the signal upon r.:eiving Caltrans permission to do so. 109. All street and storm drain improvements shall be constructed prior to first occupancy. If right -of -way acquisition or Caltrans permission can not be obtained, the applicant can request construction deferment on those portions of construction from the City Council. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 110. a. Sufficient surety guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance by the City Council. b. Any surety bonds that are in effect three years after final map approval or after issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for the period since original issuance of the surety and shall be increased in like manner each year thereafter. 111. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as- builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as- built" plans is required before a final inspection will be scheduled. 112. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 113. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. MOORPARK POLICE DEPARTMENT CONDMONS DURING CONSTRUCTION THE FOLLOWING CONDITIONS SHALL APPLY: 114. 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. 115. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 116. All entrance /exit driveways shall be a minimum of 30 feet in width. 117. For the commercial project, all exterior doors shall be constructed of solid wood core, a 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. 118. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of 1 -inch deadbolt. 119. Address shall be clearly visible to approaching emergency vehicles and shall be mounted against a contrasting color. 120. There shall not be any easy exterior access to the roof area, i.e., ladders, trees, high walls, etc. 121. If an alarm system is used, it shall be wired to all exterior doors and windows and to any roof vents or other openings where access may be made. 122. Upon occupancy by the owner or proprietor, each single unit in the development, constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate proprietorship or similar distinct occupancies. FIRE DEPARTMENT CONDITION PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 123. Any structure greater than 5,000 square feet to area and /or five miles from a fire station shall be provided wit an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. If the building is to be protected by an automatic sprinkler system, plans shall be submitted, with payment for plan check, to the Ventura County Bureau of Fire Prevention for review and approval. 124. The applicant shall submit plans to the Ventura County Bureau of Fire Protection for approval of the location of fire hvdrants. All existing hydrants within 300 feet of the development must be shown on the plan. 125. Building plans of all A, E, I and I I occupancies shall be submitted to the Ventura County Bureau of Fire Prevention for plan check. 126. The applicant shall submit two site plans to the Ventura County Bureau of Fire Prevention for approval of the location of fire lanes. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 127. 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 fore flow is approximately 4,500 gallons per minute. The applicant shall verify that the water purveyor can provide the required volume at the project. PRIOR TO CONSTRUCTION, THE FOLLOWING CONDITIONS SHALL APPLY: 128. Access roads shall be a minimum of 25 feet in width and shall be installed with an all weather surface, suitable for access by fire department apparatus. 129. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standards of the Ventura County Water Works Manual. a. Each hydrant shall be a 6-inch wet barrel design and shall have one 4 -inch ant two 2 1/2 -inch outlet(s). b. The required fire flow shall be achieved at not 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 recessed in from the curb face 24 inches at center. 130. All grass or bush exposing any structures shall be cleared for distance of 100 feet prior to framing, according to the Ventura County Weed Abatement Ordinance. PRIOR TO OCCUPANCY, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 131. Trash containers with an individual capacity of 1.5 cubic yards or greater, shall not be stored within 5 feet of openings, combustible roof eaves lines, unless protected by approved automatic fire Sprinklers. 132. Address numbers, a minimum of 6 inches high, shall be installed prior to occupancy and shall be of contrasting color to the background. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address number(s) shall be posted adjacent to the driveway entrance. 133. Fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code. 134. Fire extinguishers shall be installed in accordance with National Fire Protection Association Pamphlet No. 10. The placement of extinguishers shall be reviewed and approved by the Bureau of Fire Prevention. VENTI IRA COUNTY WATERWORKS DISTRICT NO .1 CONDITIONS GENERAL REQUIREMENT: 135. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of or relating to the existing industrial waste discharge requirements and subsequent additions or revisions thereto. PRIOR TO ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 136. The District shall be allowed to review the adequacy and level of service for the project when tenant improvements are requested. Additional facilities, on -site treatment, or other modifications may be required as a condition of certain tenant improvements. VENTIJRA COUNTY ENVIRONMENTAL HEALTH DIVISION CONDITIONS PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 137. Prior to issuance of a zoning clearance for the inauguration of any use in the proposed structure, such use shall be reviewed and approved by the Ventura County Environmental Health Division. ENMONMENTAL IMPACT REPORT CONDITIONS 138. The applicant(s) shall obtain a grading permit from the City of Moorpark prior to Zoning Clearance. All grading operations shall be subject to compliance with the Ventura County APCD dust control measures as enforced by APCD inspectors and City of Moorpark. 139. Transportation Management Plan - The applicant shall prepare a Transportation Management Plan (TMP) or similar plan that would reduce total project employee commuter trips. 140. Provide On -site Transit Facilities - The applicant shall provide the following on the project site: covered and lighted bus stops; bus turnouts; and safe pedestrian walkways between structures and bus stops or to the satisfaction of the Community Development Director. 141. Banking Services - Bank - related services (Auto Teller Machine, Direct Deposit, Check Cashing, etc.) can be provided on -site in order to reduce traffic trips 142. Off -site Vehicular Traffic Circulation Improvements - The applicant should contribute "Area of Contribution" funds as directed by the City of Moorpark toward the improvement of local vehicular traffic circulation improvements. Such improvements could include improved signal synchronization and /or widening of intersections/ roadways. This measure is proposed in order to improve the flow of traffic in the City which would reduce congestion and the emission of air pollutants. 143. Buy Downs - Estimated costs of "buy downs" tor the proposed project should be based on the net estimated emissions associated with the proposed project. Such "buy down" fees provide an indirect means of reducing emissions by providing funding to organizations that would benefit the regional, and not necessarily local, air quality environment. "Buy down" fees applied to the project for city transit and ride sharing should total $270,945 and shall be paid as a one -time contribution to the City's Traffic Management System Fund. Also, an additional fee (if $1()0,(x)0 shall be deposited, as agreed to by the applicant at the October 17, 1990, City Council public hearing. 144. Construction activities shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. on weekdays and between the hours of 9:00 am and ":(x) Ism on Saturdays, and shall exclude Sundays. 145. During site preparation and construction, cur ,truction equipment shall be fitted with modern sound - reduction equipment. 146. The noise wall adjacent to Shop Numbers 1, � ind 3 and Retail "A" shall Ix- increased in height to eight feet. 147. Noise attenuation walls to a height of eight feet shall be located around all loading areas. 148. DELETED 149. Use of parking lot vacuums and landscape maintenance equipment shall be limited to the hours of 8 a.m. and 7 p.m. weekdays west of Liberty Bell Avenue and from 6 a.m. to 7 p.m. cast of Liberty Bell Avenue. 150. Contributions to the fire department's "roof tax" shall be complied with by the project applicant. 151. Prior to the approval of building plans, the fire department shall review and approve all project plans to ensure all measures are incorporated to reduce fire impacts. 152. A licensed security guard is required during the construction phase, or a 6 -foot high chain fence shall be constructed around the construction site 153. Construction equipment, tools, etc., shall be properly secured during non - working hours. 154. All appliances (microwave ovens, dishwashers, trash compactors, etc.) shall be properly secured prior to installation during non - working hours. All serial numbers shall be recorded for identification purposes. 155. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them. All parking areas shall be provided with a lighting system capable of illuminating the parking surface with a minimum maintained 1 -foot candle of light and shall be designed to minimize the spillage of light onto adjacent properties. All exterior lighting devices shall be protected by weather and breakage - resistant covers. 156. Landscaping shall not obstruct any exterior doer or window. 157. Landscaping is to be maintained at a height where pedestrians will have full view of the area with no obstructions. 158. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen views of a seated driver from another moving vehicle or pedestrian. 159. Landscaping (trees) shall not be placed directly under any overhead lighting which could cause a loss of light at ground level. 160. Addresses shall be clearly visible to approaching emergency vehicles and mounted against a contrasting color. 161. Address numbers shall be a minimum of six inches in height and illuminated during the hours of darkness. 162. All exterior doors shall be constructed of solid wood core a minimum of 1 and 3/4 inches thick or of metal construction. Front glass door(s) commonly used for entry are acceptable but should be visible to the street. 163. Doors utilizing a cylinder lock shall have a minimum five pin tumbler operation with the locking bar or bolt extending into the receiving guide a minimum of one inch. 164. There shall not be any easy exterior access to the root area, i.e., ladders, trees, high walls, etc. 12 165. Upon occupancy by the owner or proprietor, each single unit in a tractor commercial development constructed under the same general plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships, or similar distinct occupancies. 166. Park and recreation fees for the lower commercial project component (upper and lower commercial, upper commercial fee to be determined upon approval of major modification) shall be assessed per City policy as defined below: Total building square feet x $0.25 per square foot of commercial use 167. The project applicant shall be required to fund all server infrastructure improvements necessary to accommodate the proposed project demand. 168. The applicant shall be required to comply with all pertinent County of Ventura Public Works Department connection regulations. These mitigation measures shall be implemented by the County of Ventura Public Works Department (Waterworks District No. 1). 169. On -site detention basins should be incorporated into the proposed site plan. The use of landscape mounding within the landscape medians planned throughout the proposed parking areas, with area drains placed in a sump condition, would allow for some storage. If the Moorpark Avenue drain is completed prior to zone clearance, this condition is not applicable. 170. To encourage future residents and tenants of the proposed project to contribute materials for recycling, design considerations shall be included in each development component that would provide adequate space and facilities for the storage and tran,ter of recyclable materials. 171. Plant a sufficient amount of tall growing trees and /or shrubs along the western site boundary (abutting the wall) to minimize the glare impacts at).i the loss of privacy of the nearby single - family neighborhood. 172. No illuminated building mounted signs shall tx permitted on any building facade facing towards a residential neighborhood. 173. All parking lot pole lights and street fights shall be fully hooded and back shielded to reduce the light "spillage" and glare. 174. Trees planted along the western site perimeter ,hall be a minimum 24 inch box size in order to provide a screening effect in a short time period. Shrul,s shall be a minimum 5 and 15 gallon sizes. 175. Colors and materials of the proposed building shall be compatible with the surrounding area. 176. Tinted windows shall be installed to minimize the ernittance of light and glare from interior sources for any windows that receive direct sunlight. 177. Traffic mitigation measures shall be in confomi.ince with City Engineer Conditions. 178. The applicant must provide continuous landscape maintenance of the sidewalks and parkways along Los Angeles Avenue, Liberty Bell Road, Lassen Avenue and Park Lane. The applicant must also provide continuous landscape maintenance of the graded but unpaved access easement on Lassen Avenue between Liberty Bell Road and Sierra Avenue. 179. Prior to zoning clearance, the applicants shall submit a Tree Report consistent with the requirements of Ordinance No. 101. If any "mature' tree, as defined in Ordinance No. 101, will be removed on the project site, it shall be replaced at a minimum ratio of 5:1. The size of the replacement trees shall be determined by the value of the trees rem, 1 ed as clarified by Ordinance No. 101. 13