Loading...
HomeMy WebLinkAboutAG RPTS 2005 1122 PC REGResolution No. PC- 2005 -492 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY — NOVEMBER 22, 2005 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 799 Moorpark Avenue 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 6. CONSENT CALENDAR: A. Regular Meeting Minutes of October 25, 2005. 7. PUBLIC COMMENTS: ------------ - ---------------------------------------------------------------------------------------------------- - - - - -- -- Any men .oer o- the p:ib -: is may address the Commission during the = .ib:: c Co:runents por - ;or. of the Agenda, unless _ is a Public Fea-ring or a L;iscussicr: item. Speakers who wish to address the Commission concerning a Public "earing or Di scussi or. item must do so dur-ing the Public :sear i r:q or Discussion pert i on o~ -.he Agenda for that item. Speaker cares rrus' be received y 'he Secretary for Public Cement prior to the beginning of the Pubic Comments por'. -cn of he meet :rig and for Discussion items Wrier to the beginning o` the firs ite of the Discussion portion of the Agenda. Speaker Cards for a Publi:: Hearinq must be received prior to the beginning of the Pub: i.(: Hearing. A i:r.ita:.icr: o: t.nree minutes shall. be imposed uper. each Publ i.c Comrient. and 1) i sr.ussion i tera spec:: {er. A irii tat ion of three ;.e five m. notes Shal - be impos-ci r.: pon ea(,!,. Pub:is Hear-rig item speaker. Written Sta- .omen -. Cards may ce sub-n_-tc-i in ieu of speakir,q orally for open Public Hearings and Discussion i:.eMS. (er)1CS of each i tcrr. of business on the agenda are on f i : e _ n t.f:e f i ce- o` '.he Ccmmunit.y Development Deoartmen--/Planning and are aval _an .e ie,. pkib -. i(- review. Any questions concerning any agenda item -nay be cirect.ed to -he Comr.,anity Development Depa- tmer:t at 5i7 -6233. Planning Commission Agenda November 22, 2005 Page No. 2 8. PUBLIC HEARINGS: (next Resolution No. 2005 -492) A. Consider General Plan Amendment No. 2004 -05, Zone Change No. 2004 -04, and Residential Planned Development No. 2004 -06 to Allow Construction of 200 Apartments on Approximately 10.57 Acres South of Casey Road and West of Walnut Canyon Road on the Application of Essex Portfolio, L.P. (Continued from October 25, 2005 meeting) (Staff: David Bobardt) Staff Recommendation: Take public testimony, and continue the item with the public hearing still open to January 24, 2006. B. Consider General Plan Amendment No. 2004 -06, Zone Change No. 2004 -05, Tentative Tract Map No. 5576 and Residential Planned Development No. 2004 -07 to Allow Construction of 56 Single- Family Homes with Street Access from Park Lane and Preservation of the Birkenshaw House for Public Use at 251 Moorpark Avenue, on the Application of Comstock Homes (Continued from October 25, 2005 meeting) (Staff: David Bobardt) Staff Recommendation: Close the public hearing, take the agenda item off calendar, and direct staff to advertise and notice a new public hearing for this project when the project is ready for Planning Commission review. C. Consider Modification No. 1 to Residential Planned Development No. 965, to Remove an Existing Freestanding Spire and Add a New Thirty -Six (36') Foot High Steeple, With a Four (4') Foot High Finial, on the Ridgeline of the Roof of an Existing Church Building, for an Overall Height of Approximately Sixty -Nine (69') Feet, Located at 15351 Benwood Drive, on the Application of Richard Westwood for the Church of Jesus Christ of Latter -Day Saints (Continued from October 25, 2005 meeting) (Staff: Joseph Fiss) Staff Recommendation: 1) Continue to accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2005- recommending to the City \ \Mor_pri servACity ShareACorrmuni.ty D eve: opnenL \ADMIK\CCMM:SSIMI \AGENCA I i22 pca.do( Planning Commission Agenda November 22, 2005 Page No. 3 Council conditional approval of Modification No. 1 to Residential Planned Development No. 965. D. Consider General Plan Amendment 2004 -03, Zone Change 2004 -02, Vesting Tentative Tract Map No. 5437 and Residential Planned Development (RPD) No. 2004 -05 to Develop Sixteen (16) Homes, Five (5) Custom Home Lots and One (1) Open Space Lot on Approximately 42.4 Acres East of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC (Staff: Joseph Vacca ) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2005- recommending to the City Council adoption of the Mitigated Negative Declaration, and approval of General Plan Amendment 2004 -03, Zone Change 2004 -02, Residential Planned Development Permit No. 2004 -05 and Vesting Tentative Tract Map No. 5437 with conditions. E. Consider Parcel Map No. 5532 to Divide an 8.12 -Acre Parcel into Two Parcels, of 6.08 Acres and 2.04 Acres Each for an Approved Retail Center, Located on the North Side of New Los Angeles Avenue /White Sage Road, Immediately East of the SR -23 Freeway, on the Application of NLA 118, L.L.C. (Warehouse Discount Center) (Staff: David Bobardt) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC- 2005 - approving Tentative Parcel Map No 5532, subject to Conditions of Approval. 9. DISCUSSION ITEMS: A. Consider Community Development Director Permit Adjustment Authority for Conditional Use Permit 2004- 04 (Wine Castle at LA Spring Commercial Center on the Northeast Corner of New Los Angeles Avenue and Spring Road) (No written Staff Report) (Staff: Barry Hogan) Staff Recommendation: Direct staff as deemed appropriate. \ \Mor_pri_serv\City Share \Community Development \ADM N\COMMISSION \AGENDA\ %'CCU \05 i122 Planning Commission Agenda November 22, 2005 Page No. 4 B. Consider Cancellation of the December Meeting. (Staff: Laura Stringer) Staff Recommendation: Direct staff to post a notice of meeting cancellation for the December 27, 2005, regular meeting C. Consider Regular Meeting Schedule, Time and Place Staff Recommendation: Approve 2006 regular meeting schedule of the fourth (4rh) Tuesday of each month starting at 7 :00 p.m. at the Moorpark City Hall Council Chambers, 799 Moorpark Avenue, Moorpark, CA 93021, and the cancellation of the November and December 2006 regular meetings. (Staff: Laura Stringer) 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. December 27, 2005 • Cancelled B. January 24, 2006 • Select Chair and Vice -Chair for 2006 11. ADJOURNMENT: ------------------------------------------------------------------------------------------------- Tr. como_.iar -ce with the Americans wit: Disabi I `.ties Ac'., - - - - -- -------- - - - - -- - -- it you, r.eecz assistance to par- `.cipate in this meeting, please contac-. ',.he 'ity Cle c's Deoartmen,. at. ;805; 517 -6223. Notification 48 hours pr_or to the n.ee._ng w'.'I. enable the City to make reasonable arrarigemer-ls -o ensure accessibih_-.y to t`iis mee:.`.ng ;28 C°R 35.102- 35._74; ADA Title TI). \ \: ?or pri serv\Cit.y share \Cotrnuni':y DPVP_oFmeat. \ADM1V \CCMMISSTC4\AGENDA \2C %5 \CS II -:2 pca.doe ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of October 25, 2005 Regular Meeting Paae 1 1 The Regular meeting of the Planning Commission was held on 2 October 25, 2005, in the City Council Chambers; Moorpark Civic 3 Center; 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Pozza called the meeting to order at 7:08 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Chair Pozza led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Present: Commissioners Landis and Taillon, Vice - 10 Chair Peskay and Chair Pozza 11 Absent: Commissioner DiCecco 12 Staff Present: Barry K. Hogan, Community Development 13 Director, David Bobardt, Planning 14 Manager; Laura Stringer, Administrative 15 Services Manager; Joseph Fiss, 16 Principal Planner; Joseph Vacca, 17 Principal Planner; and Gail Rice, 18 Administrative Assistant. 19 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 20 None. 21 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 22 CONSENSUS: It was the consensus of the Commission to remove 23 Item 8.E. from the agenda. 24 6. CONSENT CALENDAR: 25 A. Regular Meeting Minutes of August 23, 2005. 26 MOTION: Commissioner Landis moved and Vice -Chair Peskay 27 seconded a motion to approve the regular meeting minutes of 28 August 23, 2005. (Unanimous 4:0 voice vote; Commissioner 29 DiCecco absent.) 30 B. Regular Meeting Minutes of September 27, 2005. \ \Mor pi: sere \City Share \Community D evel opme r. t\ ADMIN \COMMISS;ON \M.I.JJTF;S \ZCC? �S � Draft\C5 ' 5_pc-m.doc: O (0Q %'� Planning Commission, City of Moorpark, California Minutes of October 25, 2005 Regular Meeting Paae 2 1 MOTION: Commissioner Landis moved and Commissioner 2 Taillon seconded a motion to approve the regular meeting 3 minutes of September 27, 2005. (Unanimous 4 :0 voice vote; 4 Commissioner DiCecco absent.) 5 7. PUBLIC COMMENTS: 6 None. 7 8. PUBLIC HEARINGS: 8 A. Consider General Plan Amendment No. 2004 -05, Zone 9 Change No. 2004 -04, and Residential Planned 10 Development No. 2004 -06 to Allow Construction of 200 11 Apartments on Approximately 10.57 Acres South of Casey 12 Road and West of Walnut Canyon Road on the Application 13 of Essex Portfolio, L.P. (Continued from September 27, 14 2005 meeting) (Staff: David Bobardt) 15 Staff Recommendation: Take public testimony, and 16 continue the item with the public hearing still open 17 to November 22, 2005. 18 Mr. Bobardt gave the staff report. 19 Chair Pozza continued the public hearing open. 20 In response to Chair Pozza, Mr. Hogan stated there 21 were no speakers. 22 MOTION: Commissioner Landis moved and Commissioner 23 Taillon seconded a motion to continue the public 24 hearing open to the November 22, 2005 Regular Planning 25 Commission meeting. The motion carried by unanimous 26 4:0 voice vote; Commissioner DiCecco absent. 27 B. Consider General Plan Amendment No. 2004 -06, Zone 28 Change No. 2004 -05, Tentative Tract Map No. 5576 and 29 Residential Planned Development No. 2004 -07 to Allow 30 Construction of 56 Single- Family Homes with Street 31 Access from Park Lane and Preservation of the 32 Birkenshaw House for Public Use at 251 Moorpark 33 Avenue, on the Application of Comstock Homes 34 (Continued from September 27, 2005 meeting) (Staff: 35 David Bobardt) \ \Mo__pri sexv \Ci-y Share \Communi:iy Development \ADM,IN \COMMFSS:ON \MINUTES \20, ^,`) Jraf' \CS 102`.; pcm.doc 0 ! °6 0 `.. Planning Commission, City of Moorpark, California Minutes of October 25, 2005 Regular Meeting Page 3 1 Staff Recommendation: Take public testimony, and 2 continue the item with the public hearing still open 3 to November 22, 2005. 4 Mr. Bobardt gave the staff report. 5 Chair Pozza continued the public hearing open. 6 In response to Chair Pozza, Mr. Hogan stated there 7 were no speakers. 8 MOTION: Vice -Chair Peskay moved and Commissioner 9 Taillon seconded a motion to approve staff 10 recommendation and continue the public hearing open to 11 the November 22, 2005 Regular Planning Commission 12 meeting. The motion carried by unanimous 4:0 voice 13 vote; Commissioner DiCecco absent. 14 C. Consider Tentative Parcel Map No. 5647 to Subdivide a 15 15,015 Square -Foot Parcel at 363 Bonnie View Street 16 into Two Parcels of 6,004 Square -Feet and 9,011 17 Square -Feet, on the Application of Joseph Vogel 18 (Staff: Joseph Fiss) 19 Staff Recommendation: 1) Open the public hearing, 20 accept public testimony and close the public hearing; 21 and 2) Adopt Resolution No. PC -2005- approving 22 Tentative Parcel Map No. 5647. 23 Mr. Fiss gave the staff report. 24 The Commission questioned staff regarding the width of 25 the driveway and zoning. 26 Chair Pozza opened the public hearing. 27 Joseph Vogel, applicant, indicated he was available 28 for questions. 29 Chair Pozza closed the public hearing. 30 The Commission discussed the square footage of the 31 existing dwelling and asked staff if the design of the 32 future residence would be subject to the Commission's 33 review. \ \Mor pry sere \City Snare\C:ommunity Development \ADM "N \COKMISSION \MINU': hS \;005 Draft 0 1025_pcm.doc ve toc .? Planning Commission, City of Moorpark, California Minutes of October 25, 2005 Regular Meeting Paae 4 1 MOTION: Commissioner Landis moved and Commissioner 2 Taillon seconded a motion to adopt Resolution No. PC- 3 2005 -490. The motion carried by unanimous 4:0 voice 4 vote; Commissioner DiCecco absent. 5 Planning Commission approval of this item is final 6 unless appealed with ten (10) days. 7 8 9 10 11 12 13 14 15 16 D. Consider Modification No. 1 to Residential Planned Development No. 965, to Remove an Existing Freestanding Spire and Add a New Thirty -Six Foot (36') High Steeple, With a Four -Foot (4') High Finial, on the Ridgeline of the Roof of an Existing Church Building, for an Overall Height of Approximately Sixty -Nine Feet (69'), Located at 15351 Benwood Drive, on the Application of Richard Westwood for the Church of Jesus Christ of Latter -Day Saints (Staff: Joseph Fiss) 17 Staff Recommendation: 1) Open the public hearing, 18 accept public testimony and close the public hearing; 19 and 2) Adopt Resolution No. PC -2005- recommending 20 to the City Council conditional approval of 21 Modification No. 1 to Residential Planned Development 22 No. 965. 23 Mr. Fiss gave the staff report. 24 25 26 27 28 29 30 31 32 33 34 35 36 The Commission questioned staff regarding the compatibility of the steeple with the neighborhood and the architecture of the existing building. The Commission questioned limiting the overall height of the steeple and questioned the applicant whether it were scaleable. The Commission questioned if staff had done the standard notification of the public hearing to residents. Chair Pozza opened the public hearing. Richard Westwood, applicant on the symbolism of the proportion to the building height for the church. and architect, commented steeple, its design in and the importance of the 37 The Commission questioned applicant on the feasibility \ \M.or p> i_sery \City ShareV ommuni:.y Deve:opmer.t \ADM.1N \COMMISS.CN \MINUTE:: \2005 Draft.\05 102` pcm.doc Planning Commission, City of Moorpark, California Minutes of October 25, 2005 Regular Meeting Paae 5 1 of a scaled -down steeple and its impact on 2 neighborhood views as well as on the need for the new 3 steeple for the continued practice of religion on the 4 site. 5 John Barlow, resident, commented that other chapels in 6 the Moorpark area had disproportional steeples, and 7 that residents on neighboring streets would not be 8 affected by the height of the proposed steeple. 9 Mark Weiner, resident, stated he lived directly across 10 from the church where the steeple should be located 11 and suggested restrictions on the lighting of the 12 steeple. 13 Mr. Hogan stated there were two (2) written statement 14 cards received. Mr Hogan indicated that both expressed 15 opposition of the height of the proposed steeple. 16 The Commission discussed concern over height, possible 17 lighting and visual impact of the steeple. They 18 questioned relocation to the center of the building 19 and the issue of future applications from churches 20 that could also request increases in steeple heights. 21 By consensus the Commission agreed to continue the 22 public hearing open to the November 22, 2005 Regular 23 Planning Commission meeting, and requested applicant 24 work with staff on the steeple and finial height 25 issues. 26 E. Consider Request for First Amendment to Development 27 Agreement Established in Connection with a 41.51 Acre, 28 Detached, Single- Family Residential Unit Project 29 Located on the South Side of Los Angeles Avenue, West 30 of Leta Yancy Road (Formerly Liberty Bell Road) (Tract 31 5053 and Tract 5204, Pacific Communities). (Staff: 32 Laura Stringer) 33 Staff Recommendation: 1) Open the public hearing and 34 take testimony; and 2) Continue the matter, with the 35 public hearing open, to the Planning Commission: 36 meeting of November 22, 2005. 37 Item 8.A. was removed from the agenda under Item 5. \ \Mor pri sery \City Share \Comrrunity -)eveloament \A:)MIN \COMMISSION \MINC "'ES \ "..00:) Or a it\ 0;_102`.r_perr..c;cc OLki !�( r- Planning Commission, City of Moorpark, California Minutes of October 25, 2005 Regular Meeting Paqe 6 1 F. Consider Zoning Ordinance Amendment No. 2004 -03 2 Amending Section 17.08.010 Definitions for Farm 3 Animal, Animal Husbandry, Pet Animal, Aviary, and 4 Section 17.28.030 Standards Relating to Animal 5 Keeping; to Provide Greater Clarity, Simplicity of 6 Use, and to Adjust the Number of Dogs and Cats Allowed 7 for Lots Five Acres or Larger. (Staff: Barry Hogan) 8 Staff Recommendation: 1) Open the public hearing, 9 accept public testimony and close the public hearing; 10 and 2) Adopt Resolution No. PC -2005- recommending 11 to the City Council approval of Zoning Ordinance 12 Amendment No. 2004 -03. 13 Mr. Hogan gave the staff report. 14 The Commission questioned staff on: 15 • Items 6.a. and 6.b. for the addition of a 16 clarification note at the bottom of the table 17 and use of an example 18 • Lot size minimum requirements 19 • Application to catteries and kennels 20 • Enforcement of the ordinance 21 Chair Pozza opened the public hearing. 22 In response to Chair Pozza, Mr. Hogan stated there 23 were no speakers. 24 MOTION: Commissioner Landis moved and Vice -Chair 25 Peskay seconded a motion to approve staff 26 recommendation and adopt Resolution No. PC- 2005 -491, 27 to include the Commission's recommended changes to the 28 table. The motion carried by unanimous 4:0 voice vote; 29 Commissioner DiCecco absent. 30 Planning Commission approval of this item is final 31 unless appealed within ten (10) days. \ \Mor F- ri_sery \City Snare \Community Deveiopr .lent \ADy "N \COM.MI STON \MTNU'iEs \2001.,• Draft \US .L25 ocm.doc Planning Commission, City of Moorpark, California Minutes of October 25, 2005 Regular Meeting Paqe 7 1 9. DISCUSSION ITEMS: 2 Mr. Hogan suggested that staff bring back to the Planning 3 Commission projects where Commission recommended changes 4 were ultimately approved by the City Council, such as the 5 Pardee Homes multi- family project. 6 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 7 A. November 22, 2005 8 • RPD 2004 -06 (Essex) 9 • RPD 2004 -07 (Comstock) 10 • RPD 2004 -05; T 5347, GPA 2004 -03; ZC 2004 -03 11 (Birdsall) 12 • First Amendment to Development Agreement for Tract 13 5053 and Tract 5204 (Pacific Communities) 14 Mr. Hogan briefly discussed future agenda items and stated 1-15 that the December meeting would be cancelled. 16 11. ADJOURNMENT: 17 Commissioner Landis moved and Vice -Chair Peskay seconded 18 the motion to adjourn the meeting at 8:28 p.m. 19 20 21 22 23 24 Scott Pozza, Chair ATTEST: Barry K. Hogan, Community Development Director \ \Mor pri sere \City Snare \Community Development \ADM :N \COMMISSION \ }11NU':'F'S \20U,5 Draft\05 1.. ^,2b pcc.doc Opt 0c'.' ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared By: David A. Bobardt, Planning Mana DATE: November 16, 2005 (PC Meeting of 11/22/2005) SUBJECT: Consider General Plan Amendment No. 2004 -05, Zone Change No. 2004 -04, and Residential Planned Development No. 2004 -06 to Allow Construction of 200 Apartments on Approximately 10.57 Acres South of Casey Road and West of Walnut Canyon Road on the Application of Essex Portfolio, L.P. BACKGROUND /DISCUSSION On October 25, 2005, the Planning Commission continued this agenda item with the public hearing open to November 22, 2005, to allow the applicant time to resolve outstanding project issues. Those issues have not yet been resolved and additional time is needed. STAFF RECOMMENDATION Take public testimony, and continue the item with the public hearing still open to January 24, 2006. \ \Mor_pri_se_ °°v\Ci *_y Share \Commur.iLy Deveiopnent\JEV PN_'S \R P D \2004 -C6 Essex Apts.i.o'.d hi-,b( o(�( schoo:) \Agenda Rpts \PCC51122 Staff Report..doc V i4' �iE. ITEM: 8.11. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direcev Prepared By: David A. Bobardt, Planning Man DATE: November 16, 2005 (PC Meeting of 11/22/2005) SUBJECT: Consider General Plan Amendment No. 2004 -06, Zone Change No. 2004 -05, Tentative Tract Map No. 5576 and Residential Planned Development No. 2004 -07 to Allow Construction of 56 Single - Family Homes with Street Access from Park Lane and Preservation of the Birkenshaw House for Public Use at 251 Moorpark Avenue, on the Application of Comstock Homes BACKGROUND /DISCUSSION On October 25, 2005, the Planning Commission continued this agenda item with the public hearing open to November 22, 2005, to allow the applicant and staff time to resolve outstanding project issues. Those issues have been resolved. However, staff has determined that an amendment to the Downtown Specific Plan is needed for this project, since 1.7 acres of the project site are in the Downtown Specific Plan boundaries and are planned for commercial uses. The applicant has revised the project application to request an amendment to the Downtown Specific Plan in addition to the other entitlements requested. Because of this, the project needs to re- advertised and re- noticed. STAFF RECOMMENDATION Close the public hearing, take the agenda item off calendar, and direct staff to advertise and notice a new public hearing for this project when the project is ready for Planning Commission review. \ \Mor pri sery \City Share \Community Ceve;opmer:t \UEV PMTS \R r D \%CC9 -0? Ccros ork Hanes \Agenda Rp*s \PCC�I122 Staff Repor.t.doc ® 4 ( ';�i� rl. ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire Prepared by Joseph Fiss, Principal Planner DATE: November 14, 2005 (PC Meeting of 11/22/05) SUBJECT: Consider Modification No. 1 to Residential Planned Development No. 965, to Remove an Existing Freestanding Spire and Add a New Thirty -Six (361) Foot High Steeple, With a Four (41) Foot High Finial, on the Ridgeline of the Roof of an Existing Church Building, for an Overall Height of Approximately Sixty -Nine (691) Feet, Located at 15351 Benwood Drive, on the Application of Richard Westwood for the Church of Jesus Christ of Latter -Day Saints BACKGROUND /DISCUSSION On October 25, 2005, the Planning Commission considered an application for a Modification to a Residential Planned Development Permit at 15351 Benwood Drive to allow the replacement of a freestanding spire at an existing church with a new forty (40') foot high steeple and finial to be placed on the church building roof ridgeline, creating an overall building height of approximately sixty -nine (69') feet. At that meeting, the Planning Commission opened the public hearing, took testimony, and continued the agenda item with the public hearing open to the meeting of November 22, 2005, so the applicant could work with staff on the issue of the proposed height of the steeple and finial. In response to concerns raised about nighttime glare from lighting of the steeple, an additional condition has been added for the steeple to be unlit. Staff has discussed the possibility of reducing the height of the steeple with the applicant, however, the applicant does not wish to amend the application. The October 25, 2005 agenda report, with attachments, is included as Attachment 1. As noted in the previous report, action on this application by the City Council must take place prior to December 11, 2005, to comply \ \Mor pri_sery \Ci-y S1.a_e\Cerrmuni.:y Development. \DEV PM':S \R. P \96`) Merman Chur:.:h \ "-cd 1 \Aqe ,� RPt.s \Cb112I PC Ace.-ida ReporL.doc ��)d 10 I v MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc® r Prepared by Joseph Fiss, Principal Planner DATE: October 11, 2005 (PC Meeting of 10/25/05) SUBJECT: Consider Modification No. 1 to Residential Planned Development No. 965, to Remove an Existing Freestanding Spire and Add a New Thirty -Six (36') Foot High Steeple, With a Four (4') Foot High Finial, on the Ridgeline of the Roof of an Existing Church Building, for an Overall Height of Approximately Sixty -Nine (69') Feet, Located at 15351 Benwood Drive, on the Application of Richard Westwood for the Church of Jesus Christ of Latter -Day Saints BACKGROUND On July 26, 2005, an application for a Modification to a Residential Planned Development Permit at 15351 Benwood Drive was filed to allow the replacement of a freestanding spire at an existing church with a new forty (40') foot high steeple and finial to be placed on the church building roof ridgeline, creating an overall building height of approximately sixty -nine (69') feet. DISCUSSION Project Setting Existing Site Conditions: The 2.763 acre site contains an approximately 15,000 square foot one story place of worship and associated parking. The existing building is slightly less than twenty -nine (29') feet in height and is built in a "California Ranch" style of architecture. A ground mounted spire, approximately thirty -nine (39') feet in height exists on the east side of the building. PC ATTACHMENT 1 \ \MOr pri_sery \City Share. \Community D.w elopment \DF.V PMTS \R P D \965 Mormon Church \Mod 1\Acgeroro_ � 1 /lam Rpts \P� Agenda Report.doc ll C 11 Honorable Planning Commission October 25, 2005 Page 2 Previous Applications: The original structure and spire was approved under Residential Planned Development No. 965 on July 20, 1983, shortly after City incorporation. The project was originally approved by the County of Ventura under Planned Development (PD) No. 965. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Residential M- Medium Planned Site Density Development place of Worship Residential (RPD) Residential North S- School Planned Elementary School Development (RPD) Residential M- Medium Planned Single Family South Density Development Residential Residential (RPD) M- Medium Residential Religious East Density Planned Education Residential Development Building (RPD) Residential M- Medium Planned Single Family West Density Development Residential Residential (RPD) General Plan and Zoninq Consistency: The Residential Planned Development (RPD) zoning designation of the site allows residential uses and other compatible public and quasi - public uses such as schools and places of worship. The purpose of the RPD zone is to provide areas for communities which will be developed utilizing modern land planning and unified design techniques. Building heights in the RPD Zone are established through the RPD permit process. Goal 17 of the Moorpark General Plan Land Use Element is to "Enhance the physical and visual image of the community." Several policies enumerated within this section are pertinent to the analysis of this proposed RPD Permit Modification, specifically as follows: 0t14 -101:3 Honorable Planning Commission October 25, 2005 Page 3 Policy 17.1: New development shall be compatible with the scale and visual character of the surrounding neighborhood. Policy 17.5: New development should incorporate a variety of landscape architecture themes and techniques to help organize and delineate land uses and to enhance the overall visual quality of the City. Policy 17.7: Design features which provide visual relief and separation shall be required between land uses of conflicting character. Project Summary The applicant is proposing to remove an existing ground mounted spire which is approximately thirty -nine feet (39') high, and add a new thirty -six (36') foot high steeple with a four (4') foot finial on the ridgeline of the roof of the existing church building, which is slightly less than twenty -nine (29') feet in height, to create an overall building height of approximately sixty -nine (69') feet. Proposed Project Architecture: As mentioned above, the building is built in a "California Ranch" style, with simple roof lines that are low in proportion to the width of the building. This style of architecture is common for this type of building due to the flexibility of the floor plan and compatibility with surrounding residential uses. The addition of a steeple of this height substantially changes the compatibility of the building in relation to the surrounding neighborhood. This is discussed in detail below. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their recommendation to the City Council: • Neighborhood Compatibilit The surrounding neighborhood is characterized by low intensity land uses, none exceeding two (2) stories (less than thirty (30') feet) 006011 Honorable Planning Commission October 25, 2005 Page 4 in height, including the building in question. A building with a steeple element, that combined rise nearly seven (7) stories in height, would be inappropriate in this setting. The existing building is relatively close to adjacent single- family residences and such an element would disrupt views and the residential nature of the neighborhood. The following table compares this proposal with other places of worship in Moorpark of similar scale: Building Height Zoning Sensitive Land Uses Church of 69' proposed to top Residential Adjacent to Jesus Christ of the finial on Planned residences of Latter the steeple Development on Benwood Day Saints Drive (Project r Site) s Holy Cross 40' to top of cross Rural Exclusive Separated Catholic on top of dome from Church residences by Spring Road Moorpark 35' to top of Residential Separated Presbyterian sanctuary / 48' 6" Planned from Church to top of bell Development residences tower (approved, by Spring sanctuary under Road construction) The subject building has been used continuously as a place of worship since its construction. The approval, denial, or conditional approval of this application will not interfere with the continued operation of this facility. Further, the applicant has not indicated that this architectural feature is necessary for religious exercise in this facility, merely, that this is an application solely for architectural changes to the structure. Under the Religious Land Use and Institutionalized Persons Act of 2000, local governments are prohibited from applying generally applicable land use laws to buildings used for religious purposes. The law specifically states, "No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government oog.iVIJ Honorable Planning Commission October 25, 2005 Page 5 demonstrates that imposition of the burden on that person, assembly, or institution— (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest." Restricting buildings and structures to a reasonable height, in the context of their neighborhood and the surrounding community is a compelling governmental interest. Further, conditionally approving a specific design, at a public hearing, consistent with the laws and practices of the City of Moorpark is the least restrictive means of furthering that compelling government interest while openly making decisions which affect the public interest. Given typical steeple installations, building massing, neighborhood compatibility and the permitted height of other similar structures within Moorpark, staff believes that the appropriate height of this building, including the steeple and finial, should be no higher than fifty (50') feet. This restriction is recommended as a condition of approval. FINDINGS FOR PERMIT MODIFICATION 1. The proposed steeple is not a substantial or fundamental change to approved Residential Planned Development Permit No. 965 in that it provides architectural ornamentation to an existing building without changing the overall architecture or use of the building. 2. The proposed steeple, as conditioned, would not have a substantial adverse impact on surrounding properties and would not create the need for additional environmental documentation in that the scale of the steeple, if limited to a maximum of fifty (50') feet in height, would not be out of scale with surrounding development so as to have the potential to create visual impacts on the neighborhood. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the 00"01C Honorable Planning Commission October 25, 2005 Page 6 applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: October 12, 2005 Planning Commission Action Deadline: N/A City Council Action Deadline: December 11, 2005 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA) . Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council conditional approval of Modification No. 1 to Residential Planned Development No. 965. 0Ck "01 7 Honorable Planning Commission October 25, 2005 Page 7 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Site Photographs 4. Project Exhibits A. Roof Plan /Elevations B. Construction Details 5. Draft PC Resolution with Conditions of Approval ro H H n z H H C) v O N c� CAMPUS "'all] � � �--o 00 � �-T LOCATION MAP F r X' f View From East on Benwood Drive View From West on Benwood Drive SITE PHOTOGRAPHS PC ATTACHMENT 3 Q (�, , 0IrZ S �i9t'}6 �(C:rt � f � ��'i'� rC' ��✓� � 1. i z Y' J . r r sf�t6, View From East Across Collins Drive View of Steeple Area From West Parking Lot Site Photographs 0���4' TOP NE W (ELEV. 169 -eil i 7 A SAE vl C' ORDER FORM Steeple Selection Spirc so � i r Shutters , ­' Panels --► —__ ❑ Style A - ..- ___._._L:. ❑ Style B Color Base Color Selection ❑ White I' I Shutter or Panel Color Spire Color ❑ Black - -----. } ❑ Style C ❑ Black Almond —Bronze ❑ Bronze Match base color Location Meetinghouse Plan Selection i 2 ❑ Sage Approval or district Facetes manager 1 (plrnted name) Select steeple placement: ❑ 1. At the end of the main roof naarest the primary street view Primary street name ❑ 2. On the main roof, aligned with the entrance that faces the primary street view. Pr.mary street name Uate Phone rumlet Building narne Property rumber Builong address THE CHURCH OF PC ATTACHMENT JESUS CHRIST 4.B. OE�i j4: OF LATTER-DAY SAINTS 'lilt ; � i r Shutters , ­' Panels --► —__ ❑ Style A - ..- ___._._L:. ❑ Style B Color Base Color Selection ❑ White I' I Shutter or Panel Color Spire Color ❑ Black - -----. } ❑ Style C ❑ Black Almond —Bronze ❑ Bronze Match base color Location Meetinghouse Plan Selection i 2 ❑ Sage Approval or district Facetes manager 1 (plrnted name) Select steeple placement: ❑ 1. At the end of the main roof naarest the primary street view Primary street name ❑ 2. On the main roof, aligned with the entrance that faces the primary street view. Pr.mary street name Uate Phone rumlet Building narne Property rumber Builong address THE CHURCH OF PC ATTACHMENT JESUS CHRIST 4.B. OE�i j4: OF LATTER-DAY SAINTS 1 DRAWING STAMP v Page 1 — This page Page 2 Dimensions & O CD SI — Details 1 SEE PAGE 2 FOR Page 3 — Louver Section and General Notes a DIMENSIONS Page 4 — Frame Mork & Cut Chart Page 5 — Structure & Steel Base Page 6 — Roof Access Opening r 7 m � �IYS Zy DESIGN CRITERIA = UBC — 1997 110 MPH SEISMIC ZONE 4 t t .•l. 12 A ELE VAl10N t se -t .0 om R � �%X MAM� C 1, TILE ROOF 1 FLASHING b� 2 1/9• wx AUA/�At aw 1 Ijt R 1 1/1 � 1 1 -n Ii/AMA1 i11MIL 1gt1( aw +�.wlr s�• B SHINGLE ROOF 1 FLASHING 000025 .jl &O, HUTS T-11- 11- 6' -4' 7' -6- 6,4 E 70P V,EVI 2 J/� - t' Y -a• 4'-2- 1' 4• _ NO/ .3 1 ' -4- 4' -0- ll; B' SPUN ALUMINUM BALL MELDED 70 FINIAL PAINTED TO MATCH SPIRE 0 1ERTIGII Hm 2 0 ' UONTNINC PROTECTIDN CABLE REFER TO SECTION ,3101 O SPEC BOOK FOR MORE INFO. 2• I2' 1 3e I 1 � ' 1 I , , I , , j 1 I 4' -De • I 1 I I 1 1 E 70P V,EVI 2 J/� - t' Y -a• 4'-2- 1' 4• _ NO/ .3 1 ' -4- 4' -0- ll; B' SPUN ALUMINUM BALL MELDED 70 FINIAL PAINTED TO MATCH SPIRE 0 1ERTIGII Hm 2 0 ' UONTNINC PROTECTIDN CABLE REFER TO SECTION ,3101 O SPEC BOOK FOR MORE INFO. 2• I2' 1 3e COLUMN .032 AU - - 1 1/2 % ' ALUMINUM U COR16lE OFTAI N 466%E ""NL 2 3 a 1 2 r� T I 1 � ' 1 I , , I , , j 1 I1 i I I I 1 � I I I T x 1 I I I I I , 1 1 2% 2% 1/4. 6061 -T6 ALUVWUM ANGLE USED TO ' SECURE FRAME WORK TO STRUCTURE - PoVET TO I I TOWER LEGS U36/0 3/16- T _7• 6061 -,6 COLD DMVEN r PorE,s - -- -� ------------------- ---- -- - - -' OVOSS SUT" 2 J%'= 11 2 I I 1' -2 F I 2 - 2• COLUMN .032 AU - - 1 1/2 % ' ALUMINUM U COR16lE OFTAI N 466%E ""NL 2 3 a 1 2 r� T 1 2 T 1 A ELEV-TION 2 3/e u 6' -2- ,o- 2' �I n� O(+f.-0101: ,, PERIMETER BRACING HORIZONTAL, DIAGONAL AND NC—TAC —TOE BRACING TO BE 2 112 X 2 112 X 1/4" 6061 —T6 ALUMINUM ALLOY UP TO 8'. 2 X 2 X 114" 6061 —T6 ALLOY ALUMINUM ANGLE ABOVE 8' zj— 2. STRUCTURAL ALUMINUM ANGLE TO BE RIVETED USING 5/16 X 1" 6061 —T6 SOLID ALUMINUM RIVETS, COLD DRIVEN, NOT LOADED UNDER TENSION, ROUND HEAD STYLE AN -430 DISTANCE BETWEEN RIVETS TO BE 1" ON CENTER 3. ALL FRAMEWORK ALUMINUM 1 1/2 X 1 1/2 X 1/8" WILL BE 6061 —T6 ALUMINUM ALLOY /2 t 1 x t UM WITH WA +/� x t e' WELDED USING GMAW TH 5356 ALUMINUM ALLOY FILLER RE 1112 AME 4. STRUCTURAL STEEL BASE TO BE 3 X 3 X 1/4" STEEL ANGLE WELDED USING E7018 GRADE .032 ALU.In SKI. WIRE UTILIZING FULL PEN FILLET WELDS IN ALL ANGLE JOINTS. STEEL BASE TO BE PAINTED USING ACRYLIC METAL PRIMER OR EQUIVALENT. STEEL GUSSETS TO BE BOLTED USING 2 SAE GRADE 8 718 —IN BOLTS. TIGHTEN TO 31 TURN —OF —NUT PAST THE SNUG TIGHT POSITION. 5. ALL DISSIMILAR METALS TO BE ISOLATED WITH FIBROUS ASPHALTUM PRODUCTS, C CWR DETAIL 3 6. ALUMINUM CLADDING TO BE .032 ALUMINUM WITH KYNAR 500 PAINT FINISH. 7. 316 OR 304 STAINLESS STEEL BOLTS WILL BE USED BETWEEN STEEL AND ALUMINUM PARTS. BOLT SIZE SHOWN ON SHOP DRAWINGS MEETING MINIMUM ASTM F593 WITH NUMBER TO BE USED STATED ON THE SHOP DRAWINGS B. ALL FASTENERS TO BE CONCEALED WHERE POSSIBLE. 9. AREA UNDER STEEPLE TO BE COMPLETELY WATERPROOF PRIOR TO INSTALLATION. 10. ALL TOWER LEG SPLICE JOINTS WILL BE SUPPORTED WITH 6061 —T6 ALUMINUM ANGLE OF THE SMALLER SIZE AT THE SPLICE JOINT RIVETED ON BOTH SIDES OF THE ANGLE AND BOTH SIDES OF THE JOINT. ' 11. EXPOSED FASTENERS TO BE PAINTED TO MATCH STEEPLE. 17 REFER TO SECTION 13101 OF GENERAL SPECIFICATIONS FOR INFORMATION REGARDING LIGHTNING PROTECTION AND GROUNDING. B "I tt 3 3, t12 x t 112 x 1 /6• ;061 -T6 ALUMINUM ANGLE FAKE LOANER .032 ALUMINUM SKW > CI�I A IRW 31CIN 9 7 t 1 3 ood I PART YIAMTI LENGTH I CUT ANGLES I I PART /IAMTI LENGTH I CUT ANGLES I A 6 7' -4" 2 O 45' Al 2 4' -0 3/16" 045' & 10 -24.1 B 4 8' -4" 2 O 45' C B 6' -2" 2 O 45' Cl 16 5 -11- 2 O 90' G1 B 3' -3' 1054.2' &10 -18. 90' E1 4 1 2' -10" 1090' & 1024.1' E2 4 2' -0 13/16' 1090' & 1024.1' E3 2 V -3" 090' & 10 --24.1 F 20 0' -5 7/8" 2 O 90' G 8 3' -10 318' 1054.2' &10 -18 G1 B 3' -3' 1054.2' &10 -18. LLJ V hl Cf C>! C RII 3 3- 2 K 3/4 -10 UNC 316 OR 304 SS BOLTS. FLIT WASHERS AND SELF LOCKING NUTS PER MAIN TOWER LEG. 2- 1 1/2' x 1 /2' -13UNC 316 OR 304 SS BOLTS PER SNORT DAGONAL LEG. LONG DIAGONAL BRACING RIVETED TO MAIN TOWER O LEGS USING 4 RIVETS PER C,,wcRON k 2 RIVETS O USED Y ERE IT MELTS TIC -TAC -TOES I 12' BEAD OF SEALANT CHALK / 112'6 WEEP HOLE IS 3 1/2 x 3 1/2 x 1 /B' 3/4' GRADE 07 o BASS OETAL REAOT -BOLT ANCHORS WITH RAT WASHERS S AND NUTS Qu w w NUMBER OF RIVETS SPLICE PIECE 6061 -T6 - 2 X 2 X 1/4' ALUMINUM ANGLE USE 6 RIVETS EACH SIDE OF EACH LEG ON BOTH SIDES OF JOINTS TOTAL OF 20 RIVETS PER JOINT vo SAE LRADE 6 BOLTS USE TO ATTACH STEEL CU55'E15 TO STEEPLE BASE S 6061 -T6 - 2 1/2 x 2 1/2 X 1/4' ALUMINUM ANGLE LEG UP TO 23' -6' 6061 -TO - 2 X 2 X 1/4' ALUMINUM AND" AOOVE 23• _ SPLICE PIECE GOBI -T6 - 2 X 2 X 1/4' ALUMINUM ANGLE USE S RIVETS EACH SIDE OF EACH LEG ON BOTH SIDES OF JOINTS TOTAL Of 20 RIVETS PER JOINT I TRUSS MEMBERS LINGER ROOF , SHEATHING 1 606E -T6 - 2 1/2 x 2 1/2 x 1/4' , ALUMINUM ANCE BRACING U► TO THE 4TH HORIZONTAL 1 3 x 3 It Ile STEEL. ANGLE 24 1' E STEEL BASE S 3/B 1'�3-I' ' -2 }' I A STRUCTURE S 3 6 1 w {C� ��l O I-'- � > a w U)�:il Z a c 91j b � v 3 •, � is M i I 23' -6' 1 ' I 0W., AI O TC C A STRt O ACCESS OPENRIC SHEATHING REINSTALLED 2 LAYERS OF ICE AND WATER SHIED EXTEND 12' OUT FROM CURB WIN. ACCESS OPEaNC USED DURING INSTALLATTCN OF STEEPLE REINSTALL ROOF 91EATHINC THAT WAS READVED FOR ACCESS - CLUE AND NAIL TO TRUSS STIFFENERS - WATERPROOF WITH ICE t WATER 94E D CE AND WATER SHIELD WK 3% 3 X 1 /4' STEEL AN" STEEPLE BASE THLS HOLE K USED FOR B STEEL BASE 6 1/7 1 LDS GMSR PROJECT 2 ' MUNNS MFG. r R. KGLER R. NOORCA 20 WAR 0 SAO: - R . e OF ti RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT NO. 965, TO REMOVE AN EXISTING FREESTANDING SPIRE AND ADD A NEW STEEPLE TO THE RIDGELINE OF THE ROOF OF AN EXISTING CHURCH BUILDING LOCATED AT 15351 BENWOOD DRIVE, ON THE APPLICATION OF RICHARD WESTWOOD FOR THE CHURCH OF JESUS CHRIST OF LATTER -DAY SAINTS WHEREAS, at a duly noticed public hearing on October 25, 2005 and November 22, 2005, the Planning Commission considered Modification No. 1 to Residential Planned Development No. 965, on the application of Richard Westwood for the Church of Jesus Christ of Latter -Day Saints, to remove an existing freestanding spire and add a new steeple to the ridgeline of the roof of an existing church located at 15351 Benwood Drive; and WHEREAS, at its meetings of October 25, 2005 and November 22, 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT PERMIT MODIFICATION FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.100(A)(2): 1. The proposed steeple is not a substantial or fundamental change to approved Residential Planned Development Permit No. 965 in that it provides architectural ornamentation to \ \Mo: pr: sery \City Sh are \Corurun..ty Development \DFV PM-S, \R D \9Fi5 No_ncn r7i:rcn\1od 1 \Kesc \051122 PC Reso. ^.oc PC ATTACHMENT 2 0 Resolution No. PC -2005- Page 2 an existing building without changing the overall architecture or use of the building. 2. The proposed steeple, as conditioned, would not have a substantial adverse impact on surrounding properties and would not create the need for additional environmental documentation in that the scale of the steeple, if limited to a maximum of fifty (50') feet in height, would not be out of scale with surrounding development so as to have the potential to create visual impacts on the neighborhood. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Modification No. 1 to Residential Planned Development No. 965 subject to the Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 22nd day of November, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Conditions of Approval Resolution No. PC -2005- Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT NO. 965 1. The combined overall height of the building and steeple structure may not exceed fifty (50') feet as measured from the lowest part of the building to the highest part of the steeple, finial or other feature. 2. The steeple may not be used as a "Wireless Communication Facility" as defined by Chapter 17.42 of the Moorpark Municipal Code without first obtaining a Conditional Use Permit. 3. No amplified sound, bells, horns or other noise generators may be installed in or on the steeple structure. 4. No new lighting of the roof or steeple is permitted. 5. The steeple shall be maintained in good repair at all times. 6. The steeple shall be painted a flat or matte paint to minimize glare and reflection. 7. The steeple may not be used as a sign or as a support structure for any signage. 8. The existing ground mounted steeple shall be removed prior to final inspection of the new roof mounted steeple. 9. Appropriate Zoning Clearances and Building Permits shall be obtained, and fees paid, for removal of the existing ground mounted steeple and construction of the roof mounted steeple. 10. All Conditions of Approval for Residential Planned Development Permit No. 965 are incorporated by reference in this approval letter and shall continue to apply unless specifically modified by this modification. -End- ITEM: 8.D. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by Joseph R. Vacca, Principal Planne DATE: November 1, 2005 (PC Meeting of 11/22/05) SUBJECT: Consider General Plan Amendment 2004 -03, Zone Change 2004 -02, Vesting Tentative Tract Map No. 5437, and Residential Planned Development (RPD) No. 2004 -05 to Develop Sixteen (16) Homes, Five (5) Custom Home Lots and One (1) Open Space Lot on Approximately 42.4 Acres East of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC BACKGROUND On August 13, 2004, The Birdsall Group, LLC, filed an application for a 42.4 -acre project site at the northern edge of Moorpark, east of Walnut Canyon Road. The application consists of changes in the General Plan land use designation of the site from Rural Low Residential (RL) to Rural High Residential (RH) and Open Space 1, (OS -1), a change in the Zoning on the site from Rural Exclusive -5 acre minimum lot size (RE -5ac) to Residential Planned Development (RPD -lu) and Open Space (OS), a Vesting Tentative Tract Map for the subdivision of 2 existing lots into 22 lots, and a Residential Planned Development Permit for the development of 16 single- family homes, five custom home lots and one open space lot. Th_s application was deemed complete on October 25, 2005. DISCUSSION Project Setting Existinq Site Conditions: The proposed project is located on 42.4 -acres east of Walnut Canyon Road at Championship Drive and south of City's northern border (Attachment 1). The site has approximately -760 lineal feet of frontage on Walnut Canyon Road. \ \V.or pri_serv\C:t.y Share \Commanity Deve_opment \DEV PMTS \R. _ C \2004 -05 air sa:'. \P.genda ; prs\ C ",yer.da prt 051'_;'.7.do^ 0()R ^X .. Honorable Planning Commission November 22, 2005 Page 2 The project site is hilly with elevations of approximately 770 feet at Walnut Canyon Road, with an elevation gain of approximately 170 feet rising eastward to the top of the property at an elevation of 940 feet. Two (2) building pads and foundations currently occupy the site. The vegetation on the property is currently recovering from a fire in 2003. No native trees are on site, however, a number of California Pepper and Eucalyptus trees are located throughout the site, primarily along the existing driveway leading up the slope from Walnut Canyon Road. The project site is located in the northernmost part of the City. North of the project site is unincorporated Ventura County, which is mainly comprised of agricultural lands. To the west of the site are single - family homes and undeveloped open space. On the south of the site is a single family home and to the east is Tract 5045 (Pardee) with single- family homes under construction and open space. Previous Applications: On May 30, 2000, Dr. A. DeeWayne Jones filed General Plan Amendment (GPA) Pre - Screening Application No. 2000 -02 for this project. Staff and the Affordable Housing /Community Development Committee have worked with the applicant on submittal requirements to address concerns of density, the Hillside Management Ordinance, grading impacts and biology. On October 1, 2003, the City Council allowed the applicant to file a General Plan Amendment request for this project, provided that a Development Agreement was also considered as part of the application. A Development Agreement is being processed concurrently, but separate from these entitlement requests. There have not been any other previous applications for development of this site. Honorable Planning Commission November 22, 2005 Page 3 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Rural Low Rural Exclusive -sac Single - Site Residential (RL) (1 unit /5 acres) Family House (RE -5ac) North Agriculture Agricultural Commercial (County) 1 Exclusive (County) Orchards Rural Low Rural Exclusive -5ac Single - South Residential(RL) (1 unit /5 acres) Family House (RE -5ac) Tract No. East Specific Plan Specific Plan (Sp) 5045 Under No. 2 (SP -2) Construction (Pardee) Rural Low and Rural Exclusive -5ac Single - Medium Low (1 unit /5 acres), Family West Residential Residential Planned Homes Golf Open Space Development, Open Course, Open (RL, ML, OS -2) Space (RE -5ac, RPD Space 1.48u, OS -500 ac) General Plan and Zoning Consistenc The applicant is concurrently requesting a General Plan Amendment and Zone Change for this project. The current General Plan designation of the site is Rural Low Residential (RL). The current Zoning designation is Rural Exclusive -1 unit per 5ac (RE -5ac). The applicant is proposing to change the General Plan designation for the residential portion of the site to Rural High Residential (RH), and Open Space 1 (OS -1); and change the Zoning to Residential Planned Development 1 unit per acre (RPD -lu) and Open Space (OS). The proposal would result in a gross density of 0.49 dwelling units per acre for the entire site including dedication of 1.86 acres of streets and the set -aside of 19.63 acres of open space and fuel modification areas. The requested zoning designation of RPD -lu would accommodate the proposed density and be consistent with the density of the adjacent Specific Plan under construction. The General Plan designation of Rural High (RH) allows a maximum density of 1.00 dwelling units per acre. The purpose of the Residential Planned Development zone is to provide areas for communities, which will be developed, utilizing modern land planning and unified design techniques. This zone provides a flexible regulatory procedure in order to encourage: 1. Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas; a Lw�J Honorable Planning Commission November 22, 2005 Page 4 2. An efficient use of land particularly through the clustering of dwelling units and the preservation of the natural features of sites; 3. Variety and innovation in site design, density and housing unit options, including garden apartments, townhouses and single - family dwellings; 4. Lower housing costs through the reduction of street and utility networks; and S. A more varied, attractive and energy- efficient living environment, as well as, greater opportunities for recreation than would be possible under other zone classifications. ViOL -. Honorable Planning Commission November 22, 2005 Page 5 Project Summary Tentative Tract Map No. 5437: Parcel No. Size (in acres) Size (in sq. ft.) 1 2.55 110,930 2 .69 30, 11.8 3 .84 36,400 4 .71 30,758 5 .59 25,733 6 .63 27,557 7 . 69 29, 948 8 .71 30,761 9 .72 31,294 10 1.01 44,210 11 .43 18,716 12 .53 22,960 13 .54 23,307 14 .49 21,254 15 .52 22,661 16 .54 23,825 17 4.94 215,361 18 .94 41,043 19 .80 34,760 1 20 .75 32,852 21 1.29 56,501 22 (Open Space and Fuel Modification) 19.63 855,050 23 "A" Street and "B" Street 1.86 80,946 Total 42.4 1,846,945 Honorable Planning Commission November 22, 2005 Page 6 Residential Planned Development Permit No. 2004 -05: Parcel Plan Single Family Homes Pad Size Bldg. Area (sq. ft.) (sq. ft) 1 1R 3,885 27,943 2 3 5,112 18,893 3 2R 4,587 14,856 4 1R 3,885 15,970 5 3R 5,112 12,523 6 1R 3,885 13,660 7 3R 5,112 15,397 8 1R 3,885 15,702 9 3 5,112 21,717 10 3 5,112 24,835 11 2 4,587 13,256 12 2R 4,587 13,256 13 3 3,885 15,373 14 2R 4,587 14,752 15 3R 5,112 15,835 16 2 4,587 14,752 Totals = 73,032 Custom Lots 17 Custom Approx. 7,000 43,252 18 Custom Approx. 4,500 25,000 19 Custom Approx. 5,500 23,545 20 Custom Approx. 5,500 22,015 21 Custom Approx. 8,000 36,552 Totals = 30,500 Proposed Project Architecture: The applicant proposes three different floor plan product types with one single -story layout and two two -story plans. Four different architectural vocabularies are proposed, including: 1) Spanish, 2) Traditional, 3) Adobe and 4) Farmhouse Honorable Planning Commission November 22, 2005 Page 7 Spanish: Elements of this theme include (1) concrete S -tile roof with a blended coloring; (2) wrought iron decorative railing; (3) stucco exterior walls; (4) arched windows; and (5) windows with wrought iron grilles and decorative window trim. Traditional: Elements of this style include (1) medium - pitched roofs; (2)columns and pillars; (3) symmetrical shape; (4) a mixture of materials such as stone, shingles, and wood siding; (5) decorative shutters; and (6) multi - paned, double -hung windows. Adobe: Elements of this style include (1) red -tiled roof; (2) gables; (3) mixture of stucco and brick walls; and (4) exposed beams; (5) decorative shutters. Farmhouse: Elements of this style include (1) mixture of wood and brick fagade; (2) open side brackets; (3) multi -paned windows; and (4) exposed beams. A condition has been provided for Planning Commission consideration that each architectural style be utilized in at least two of the homes to be built and that the single -story floor plan will be used in at least four of the homes. Each architectural style will have three color schemes, especially selected to accentuate the style. The variety of floor plans, architectural styles, and color schemes should result in a small neighborhood of compatible homes but lacking the repetition often found in residential tract homes. A condition is also included reiterating the Zoning requirement that an Administrative Permit be obtained for each custom home on Lots 17 through 21 prior to the issuance of building permits for any future residential structures on these properties. SPthark.q- All of the proposed lots show houses sited in ways that meet the following setback criteria: Front yard 30' in depth i Side yards 10' in depth r- Rear yards 20' in depth In most cases, the houses have been sited to provide setbacks that exceed the minimum standards outlined above. All of the properties demonstrate a minimum side yard of 10' in depth for the side yards' adjacent to the driveway and garage sides of the properties. Since there is the ability for horse and animal keeping on these lots, the generous side yards that are proposed will facilitate access to the rear yards for animal keeping if so desired by the future property owners. Honorable Planning Commission November 22, 2005 Page 8 A condition is included in the attached resolution which requires future property owners of lots within Tract 5437 to sign an acknowledgement that all properties located within Tract 5437 have been created at substantial sizes that would allow the accommodation of various forms of animal keeping, including but not limited to horses. Circulation: The proposed project would be accessed through a short private street off of Street "B" of Tract 5045, between lots 254 and 255 in Planning Area 8. Homes take access from one interior private street with cul -de -sacs at both ends. A private driveway giving access to lots 18 -21 is located at the north end of the private street. Emergency access to Walnut Canyon Road is provided via an existing private driveway. A condition is recommended for the private driveway off of Walnut Canyon Road to comply with Ventura County Fire District requirements for emergency access. Access from Walnut Canyon Road will only be available to emergency personnel, via a "Knox Box" system. Also, conditions shall be included requiring the installation of a decorative gate closing off the private emergency access off of Walnut Canyon Road and street improvements along the eastern side Walnut Canyon Road adjacent to the project site. Parking: Primary parking for each residence will be in three or four -car garages, which exceeds the City standard for two parking spaces. Additionally, each unit's driveway has been designed to be a minimum of thirty feet (30') deep from the back of the proposed sidewalk. Finally, limited on- street parking is available, with the potential to provide approximately one on- street space for each residential unit. Landscaping: The site has been previously disturbed, with much of the vegetation on -site being non - native. The on -site vegetation located on the lots proposed for construction will be removed to grade the proposed project. Conditions have been incorporated to address the impacts associated with tree removals and to ensure compliance with the Municipal Code requirements on the removal of mature trees. The landscaping on the site following construction would be typical of residential subdivisions. The applicant is proposing to re- vegetate 2.2 acres of the land as Costal Sage Scrub Habitat within the land to be dedicated as open space. This issue is discussed in more detail within the Analysis section of this report. Honorable Planning Commission November 22, 2005 Page 9 Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 5.15 pounds of NOX, which is not in excess of allowable 25 pound threshold, providing a conclusion that there will not be an impact on regional air quality. ANALYSIS Issues Staff analysis of the proposed project has identified the following issue areas for Planning Commission consideration in their recommendation to the City Council: • General Plan and Zoning • Coastal Sage Scrub Habitat Restoration and Tree Preservation • Hillside Management Ordinance • Multi - Purpose Trail System • Agriculture Setback General Plan and Zonina: The Land Use Element calls for new development to be located and designed to minimize adverse visual and /or environmental impacts to the community, respecting, integrating with, and complementing the natural features of the land. Land Use Element Goal 5 calls for the development of new residential housing which is compatible with the character of existing individual neighborhoods and minimizes land use incompatibility. Land Use Element Policy 5.4 encourages the allowance of clustering of residential dwelling units, if the plan demonstrates that the common area created by the clustering is designed to protect a public interest or provide a public benefit such as the following: protects environmentally sensitive habitat or agricultural land; promotes land conservation as well as visual relief; provides a substantial recreational opportunity or an affordable housing benefit. Honorable Planning Commission November 22, 2005 Page 10 The applicant is proposing to cluster development to the east of a prominent ridgeline, identified in the General Plan as a "Horizon Line," and preserve approximately twenty (20) acres along the western facing slope of the property as dedicated open space through a proposed general plan amendment to Open Space 1 and rezoning to Open Space. This is consistent with the description of the Open Space 1 land designation in the Land Use Element as land for open space use which contains various development constraints such as slope gradient, soil and geotechnical hazards, plus other environmental concerns, access, and availability of public services. The proposed zone change for the rest of the site to RPD -lu would allow an average density of 1 unit per acre. Given the proposed design of the project with clustered development at the north eastern portion of the property, coupled with preservation of the balance of the western facing slopes as Open Space, the applicant has demonstrated that a change in density on the project site could achieve the goals and policies of the General Plan and Zoning Ordinance. Coastal Saqe Scrub Habitat Restoration and Tree Preservation The application includes the re- vegetation of 2.2 acres of Coastal Sage Scrub Habitat in the south - eastern quadrant of the project site in the area dedicated as open space. A mitigation measure in the Mitigated Negative Declaration prepared for this project also requires the applicant to submit a Coastal Sage Scrub Habitat Restoration Plan for a minimum of 2.2 acres of Coastal Sage Scrub Habitat on the western side of the site to the satisfaction of the Community Development Director. There are non - native Eucalyptus and California Pepper trees on site. Conditions are recommended for the review of all of the trees on the property for preservation and /or relocation to ensure substantial compatibility with the natural open space, and for the applicant to replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in a Tree Report. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. To preserve the safety of future residents of the project site a condition of approval is included to require a 100' deep fuel modification area to the west and south of the habitable structures on the top of the development area. Honorable Planning Commission November 22, 2005 Page 11 Hillside Management Ordinance The Hillside Management Ordinance encourages the development of the flatter portions of a project site by requiring greater percentages of land to be preserved as dedicated open space as the land increases in slope. Calculations on the amount of graded area and the amount of open space were submitted by the applicant on October 25, 2005. The totals for the project are as follows: Acreage of Site Area Proposed for Preservation Slope Category 0 - 20% 20 - 35% 35 - 50% Over 50% Total Slope Slope Slope Slope Total Acreage in Project Site 15.3 Acres i2.3 Acres 10.0 Acres �i.3 P.cres 42.4 Acres Required Percentage to 0:' 35'. 0< 00 be Preserved Required Acreage to be n/a 4.3 Acres 5.0 Acres 4.3 Ac es 4.= Acres Preserved Proposed Acreage to be 3.3 Acres 6.1 Acres 1.2 Acres 3.4 Acres 20.J Acres Preserved * L-.,nited exceptions allow grading per Scc. 1/. d.0 'JU MM:.: Community Development Department staff analyzed this project and believes that the project as designed meets the slope preservation requirements of the Hillside Management Ordinance. The limited area of land proposed for grading that exceeds 50% slope would qualify for an exception in that it involves ancillary slopes of a small on -site ravine that is not a part of a blue -line stream,. Most of the affected area is on Lots 14 and 15. Given the requirement for dedication of the open space, a condition of approval has been added for dedication of a conservation easement over the open space area. The grading design submitted with this application shows conventional grading of the site with a 2:1 (horizontal to vertical) fill slope ranging from twenty (20) feet up to fifty (50) feet in height that extends over 800 feet in length along the project site's eastern boundary. The toe of this proposed slope is adjacent to a future equestrian trail approved as part of Specific Plan No. 2. Nine (9) flat residential pads are proposed on top of this fill. On the west side of these pads, a 2:1 cut slope up to thirty (30) feet in height and 1,000 feet in length is proposed. ®E,6 ;s Honorable Planning Commission November 22, 2005 Page 12 Neither of these manufactured slopes show any horizontal or vertical undulation to create a more natural appearance. The four proposed lots with access from a Private Driveway off of the northern cul -de -sac will also require benching. The project is proposing to balance the quantities of earth movement on -site. There are 214,200 cubic yards of cut and 189,112 cubic yards of fill proposed, with an adjusted amount of 25,088 cubic yards of earth that is proposed to be spread out along the northern portions of Lots 1 and 17, within an area set aside as an agriculture buffer. In this way the developer will not have to truck soil off -site. A condition is included requiring the grading to be performed for the creation of all twenty -one (21) development pads to occur at one time. This will ensure that the earthwork quantities are balanced on site with the completion of the rough grading of the development area. To avoid the sky - lining of houses and to protect the ridgeline viewshed as observed from valley floors, a condition is included for a building footprint restriction on Lots 17 through 21 to limit the impact of visibility of development along the existing western ridgeline of the project site. Under this recommended condition, there shall not be any above - ground structures over ten feet in height allowed within a 35 -foot setback distance, as measured easterly away from the finished elevation of 930 feet. This is intended to provide a deeper rear setback away from the horizon line along the back of the custom lots. Multi - Purpose Trail Svstem: The properties to be created by Tract 5437 are of a substantial size to accommodate animal keeping, including but not limited to horse keeping. The properties in the adjacent development to the east have been designed as equestrian properties and the property to the north is agricultural land. The keeping of animals on the properties of Tract 5437 is compatible with the land uses of the adjacent properties. A condition of approval is included which requires the placement of multi- purpose (hike /bike /equestrian) trails along both sides of the private streets, looping around the cul -de -sacs and also along one side of the private driveway. The multi - purpose trails would be constructed out of decomposed granite at a minimum of ten feet (10') in width, and would also be shown on the final map. All multi - purpose trials would have appropriate separation from vehicular traffic areas by the construction of a tan concrete fence with wood grain appearance. Honorable Planning Commission November 22, 2005 Page 13 Agriculture Setback Tentative Tract Map No. 5437 shows two lots, (numbered 1 and 17), abutting agricultural land on the adjacent property to the north, within the unincorporated area of the County of Ventura. Land Use Element Policy 11.3 calls for a minimum 200 -foot wide buffer setback between new residential structures and existing agricultural lands, to minimize compatibility conflicts between the differing land uses. Tentative Tract Map No. 5437 demonstrates a 200 -foot deep buffer between the agricultural land use of the adjacent property and the proposed residential development pad areas of Lots 1 and 17. A condition of approval has been included to address this issue. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2004 -03 and Zone Change No. 2004 -02 to allow for a Residential Planned Development at a density up to one (1) unit per acre. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2004 -03 and Zone Change No. 2004 -03 for a Residential Planned Development to allow for a density up to one (1) unit per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development of one (1) unit per acre, in that all City Development standards would be met by the proposed project while preserving 19.63 acres of the project site as open, space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions including restoration of a 2.2 acre area of Coastal Sage Scrub habitat. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. Honorable Planning Commission November 22, 2005 Page 14 G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements for improvements between Tract 5045 (Pardee) to the east and the site have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 770 and 900 feet, away from any public waterways. The following findings are offered for the Residential Planned Development Permit: A. The proposed project site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping is consistent with the provisions of the City's General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2004 -03 and Zone Change No. 2004 -02, in that the proposed project will provide for the orderly development of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development. B. The site design of the proposed project would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the north, south, east and west, and access to adjacent uses is not hindered by this project; and reciprocal access easements will be provided between the project site and the sites to the east. C. The proposed project is compatible with existing and permitted uses in the surrounding area, in that the surrounding existing and future development includes a variety of single - family detached homes and open space. 0C *C 0ZI, Honorable Planning Commission November 22, 2005 Page 15 PROCESSING TIME LIMITS General Plan Amendments and Zone Changes are legislative acts that are not subject to processing time limits under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). The applicant has elected to process the Vesting Tentative Map and Residential Planned Development concurrently with the General Plan Amendment and Zone Change. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a protect has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has supervised the preparation of an Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and has prepared a Mitigated Negative Declaration for Planning Commission review and consideration before making a recommendation on the project. STAFF RECOPIIdENDATION 1. Open the public hearing, accept public testimony and close the public hearing. Honorable Planning Commission November 22, 2005 Page 16 2. Adopt Resolution No. PC -2005- recommending to the City Council adoption of the Mitigated Negative Declaration; and approval of General Plan Amendment 2004 -03, Zone Change 2004- 02, Residential Planned Development Permit No. 2004 -05 and Vesting Tentative Tract Map No. 5437 with conditions. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. VTTM No. 5437 B. Cut and Fill exhibit C. Typical Elevations D. Typical Floor Plans 4. Initial Study and Mitigated 5. Draft PC Resolution 2005- Negative Declaration with Conditions of Approval T LOCATION MAP O NORTH PC ATTACHMENT 1 VlOr rlovel�prent\DEV P.MTS\P, P L\2004-',15 B-'rdsa:l'\Aqctida Ri)ts\P-" k Alli Air fA • ~ �,/j !' - ! /��j 3 _' may: -_`1 �1(\\ n ` = .(ms's` cc L� v a� cv vkm \ _ •f� A LOTS ©n, k _J. cornrow .on'+m wcL FROATT _ w_A1lry _ _ ^!r.� �r'�t�0 � �� tt f � p �' �P ,t Q,� � ✓ I � _!vw r • �i ar -'t 'f '- ' iii `\ ` \I r0' r1' /I• IT •� T� =_ �4_ ' �\ ac a t yr �-'' \ 'SfZ:S.I ,yJ �~ � _'1_ � � ' i b, �i ° � � �• ��\\ \� \�` \� c•mo.rrawrartmr " -... mac �vr r yy 1r ' I ` � ` . � � noe Ltwnwr tarn van w.oe arcs rmrm t it .� � � � � �' `• ,L � \\\ r• L e p• r 2X ft ro• m' - -1 •r . ti. \ iRL%��_. r oo.LV+r ar nor �---_ ._xr -" --_�".' —_� .^ 1� _ _ '..r �. �.., •�'� r - - - - ars • wnmr aau rover _ 1 -..- - , ,},J�.� v , l i - - , a 4 NOT FOR CONSTRUCTION - \ I' O i ewrns r wn a v rwaa w rn un .Loam m rwau ,•� / • J Vim ' i d Y✓ 14 lmr n.YIOWI V La![CnUr RLaW N, Z t Llr a wasradr wo .o -rrrw arcyLL rsaoc w rLr f�'' `"� _j 'J �' � 'orr v wzrrwc Doom' ar vwrLwyswr v oLlroeaL ' �% ` wv�r�nr a�mri v�irc � remm a �ww+r SIFE Earn+ WANnnES m c _ _. i wll Con We _ \s� tr n T ... e - }{Mr51wq(s�R.S SF}P'�!��W'w"e!..- g;rd a ton v � owgt awn La wq Vo L3 rs SI/eraa nLCrar V!m 1 0 �[ilfr. �al�ML 6-iQIAram .. .. `V /�r�• f � , I .. tcel Lm -nr �. r CONCEPTUAL GRADING PLAN c � J sr�r��r mo�aai _ w_A1lry _ _ ^!r.� �r'�t�0 � �� tt f � p �' �P ,t Q,� � ✓ I � _!vw r • �i ar -'t 'f '- ' iii `\ ` \I r0' r1' /I• IT •� T� =_ �4_ ' �\ ac a t yr �-'' \ 'SfZ:S.I ,yJ �~ � _'1_ � � ' i b, �i ° � � �• ��\\ \� \�` \� c•mo.rrawrartmr " -... mac �vr r yy 1r ' I ` � ` . � � noe Ltwnwr tarn van w.oe arcs rmrm t it .� � � � � �' `• ,L � \\\ r• L e p• r 2X ft ro• m' - -1 •r . ti. \ iRL%��_. r oo.LV+r ar nor �---_ ._xr -" --_�".' —_� .^ 1� _ _ '..r �. �.., •�'� r - - - - ars • wnmr aau rover _ 1 -..- - , ,},J�.� v , l i - - , a 4 NOT FOR CONSTRUCTION - \ I' O i ewrns r wn a v rwaa w rn un .Loam m rwau ,•� / • J Vim ' i d Y✓ 14 lmr n.YIOWI V La![CnUr RLaW N, Z t Llr a wasradr wo .o -rrrw arcyLL rsaoc w rLr f�'' `"� _j 'J �' � 'orr v wzrrwc Doom' ar vwrLwyswr v oLlroeaL ' �% ` wv�r�nr a�mri v�irc � remm a �ww+r SIFE Earn+ WANnnES m c _ _. i wll Con We _ \s� tr n T ... e - }{Mr51wq(s�R.S SF}P'�!��W'w"e!..- g;rd a ton v � owgt awn La wq Vo L3 rs SI/eraa nLCrar V!m 1 0 �[ilfr. �al�ML 6-iQIAram .. .. `V /�r�• f � , I .. tcel Lm -nr �. r CONCEPTUAL GRADING PLAN c � J v IL! 0`q .r r� ri W H f� n ✓. 9r 1 i j0 rt= Traditional IWtiutlWlll Cannon Crest Plan 1 Front El —t- MSSEMAN M 21 05 m O rm ---41 C) r�W 0 t Cannon Crest Birdeell Gn,up Plan 1 T— dinionnl Side, t Rea. El —tion, ;s�rNw VC(xJl a�nro 7n am r 44 rij.. Right I rA e--��� Canyon Crest Bi,J-11 G,—p Plan 1 Sr.„ .6 Sid— & R.., IA—ti- WWNLAN LAC,C" 7n 04M C) Traditional MLJ MUI MLIFF Spanish II 1111 Canyon Crest Bi,d..II G,—p Plan 2 UCONI '21 00 Yn w177, �q 7 q r Canyon Crest B-d,all C.o.p Plan 2 F,o,l U-0tioo 6U4W/�N IJti�O1�A �.d a n 0� TI NM :tiro vL ro V. w CVCI A(1 7 UpId d—,) il.,p,!q lsaj:) aofiulp:) 4rj9!'d ";Tl 11 III + : ~' ~ Canyon Crest u..J..x o.., Plan 2 ="...b S.d., e x... o..."°.` �� 7n 04177 r- Right Rear Left Q d 0 Cy Canyon Crest Bt,d,al1 G—p Plan 2 E...- i — F.,m6. —. Std.: & R— El —ti... Wx5EN,w vKCrn 04 21 00 m 0471 m Canyon Crest Bt.d :all G—p Plan 3 F�ootElr.at��� ice® Uctrn azm m aia UNA Raw, Canyon Crest Birdsall C,..p Plan 3 F—t Et—ti.. Bkc&NIAN WkW M 11 U1 M, 01:77 �. .4 Ri8bt Rear Cdngon Crest Bi,J,.Il C-Ip Plan 3 El—ti- pl'll%lA&N IPCLN ,M N177 I light dil A i I i d c•, l � Canyon Crest B-8-11 G,o„p Plan 3 Speoieh Side, L•r Rea. El— ationS 61iSLV1A.'J IXC1M amM TI tN07G 4 ai I i J O u 1. Canyon Crest Bi,8-11 G,—p Plan 3 A 'I o6, Sid., & R— El—ti... m L�. N A G " EIN Ir CLUB ROOM I I i -•�•e UYI. CLUB R.M. AT TANDEM CHAR. LLL- n W H avr.,w•ne rm. r•vwae. MAIJC Q1 PAMLY MAIS QI PAM }Y law 3 11 w 12 OPT. BED 5 AT OFFICE a rte; r I I I � 1 I I I I BEDRM 1 I` _ •�) p , I I I I �.. �,. o • COURTYARD ; // I -.•t4r lRb PWUmf I• I I I I I y 1 � I \ OARAOE ' 0 PE rD »! i ��! I �o •7 �d! i' --- --- --------- - - - - -T Ll \ OL - -- ' I - 1 ____ __________ \\ I t______r h 30PS I / 1\ I I Nv •- I I - -- i.. ..... _ -- `r - - - - -- ----' Canyon Crest B;,d,ell G,o„P Plan I (Sp•o1,6 E1.-- -,bower) T' 6g , 3.800,1 P, . 1);g�: 3.878,1. 4 B «d - -, 37 Ba16 L16,.,4 *0lfl�e 3 -Car G-6. I NSSF.'JIM1 LKCM n; am t r e ®RM I rum i,`� ownwoe/ 1 / ` 1 Canyon Crest B„d.ell G,—p Plan 2 (T— Jit'...I Ll— ,6ow.) T. 8., 4.500 ,.1. De, gig. 4,629.L 5 Bed.00m, 45 Bath Lola + LLbra,y 4 -Ca. G -8e �o- a7m wr; � 1 I rum i,`� ownwoe/ 1 / ` 1 Canyon Crest B„d.ell G,—p Plan 2 (T— Jit'...I Ll— ,6ow.) T. 8., 4.500 ,.1. De, gig. 4,629.L 5 Bed.00m, 45 Bath Lola + LLbra,y 4 -Ca. G -8e �o- a7m wr; 0 4 i 1 Canuon Crest B .d :ell G — p Plan 2 (T,. d, ..„I El— s6o 01 Rittii�. \Wv UCIC" w�nm �n wm Benasr 3 OPT. POOL BATH OPT. CLUB RM AT GARAGE II t II Q.UB ROOM I'I 1 Ire OPT. CLUB RM AT GARAGE \ L �y W-- 1 i T- I I II I I I II I Canyon Crest Birdsall G,o,p Plan 3 (Ad.be El—ti—h—) Ta,get.5.000s.1. Uesigo 5.078s1 5 Bed,00m. 45 Bath Loll +Lib -4 4 -Cer G-6. RISSFI�Ant`; y N r. 0 n am ♦'RM P1104 YAT�ImI � ®10 �EI1lAT t ----------------- - - - - -1 I I I -------------- - - - - -1 RRfRBA - ----------- - - - - -7 I - ' I ABEDM 2 I � I � M 88D�tM 1 ♦ 1 III, I i If bc DA ♦` ♦l1 _ �I ` ♦A4nRSL 3 • I i .T 1 im DECK -- I :i I ♦ 1 I I eon�js I --- --- - -- - ±------------ '--- -i ..•ter y 1 I ' I 1 I I Cenyon Crest - -- I — Bi.daall Coup Plan 3 � � i ' lAd<r6o Flo.•au�� s6o..��1 I I I I I ' BA. ] BBDRH s - -- 1 I la.m � 1 I I 1 -- L - - -'• I I I I I 1 L-- - - - --- , I ------- -- - -- -- 1 1 1 I li I I 1 I I I I I 141SSFI�7v1N I I I 1 I I I LKX;�7 I I I `---- - , ..ar...�... � I I I amm I I m Mm Q' �9 a z 00 O 9q O 1^ Project Title: Birdsall Group, LLC Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; ZC 2004 -02; TTM5437 CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 517 -6100 Case No.: RPD 2004 -05, G P A 2004- 03, ZC 2004 -02, TTM 5437 Contact Person and Phone No.: Joseph R. Vacca, (805) 517 -6236 Name of Applicant: Scott Birdsall Address and Phone No.: 2300 Alessandro Drive Ventura, CA 93001 (805) 857 -2746 Project Location: East of Walnut Canyon Rd. and Championship Dr. and south of City's northern border General Plan Designation: Rural Low Residential (RL) Zoning: Rural Exclusive (1 unit/5 acres) Project Description: A request to develop twenty -two (22) lots on 42.4 acres, located east of Walnut Canyon Road and Championship Drive. The application consists of a Residential Planned Development (RPD), a vesting tentative tract map to subdivide twenty -two (22) lots to develop sixteen (16) residential lots, five (5) custom home lots and one open space lot, a General Plan Amendment (from Rural Low Residential [RL] to Rural High Residential [RH]) and a Zone Change (from Rural Exclusive [RE -5ac] to Residential Planned Development [RPD] and Open Space [OS]). Surrounding Land Uses and Setting: North: Orchards, Unincorporated Ventura County South: Single - Family House East: Residential Tract development project Tract 5045 — Pardee Homes West: Single - Family Homes, Open Space Responsible and Trustee Agencies: City of Moorpark ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Less Than Significant With Mitigation, " as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality X Biological Resources Cultural Resources Geology /Soils X Hazards and Hazardous Materials Hydrology/Water Quality Land Use /Planning Mineral Resources Noise Population /Housing Public Services Recreation Transportationrrraffic Utilities /Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. Prepared by: Joseph R. Vacca Reviewed by: David A. Bobardt Date: October 28, 2005 Date: October 28, 2005 00C 1 PC ATTACHMENT 4 Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; ZC 2004 -02; TTM5437 INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM The applicant shall submit a Coastal Sage Scrub Habitat Restoration Plan for the restoration of a minimum of 2.2 acres of Coastal Sage Scrub Habitat on the western side of the site to the satisfaction of the Community Development Director. Once approved, implementation of the 2.2 acre Coastal Sage Scrub Habitat Restoration Plan shall be required as a condition of approval of the Tract Map and RPD applications. Monitoring Action: Review and approval of Coastal Sage Scrub Habitat Restoration Plan, Site inspection Timing: Prior to issuance of grading permits (review of plan), prior to issuance of occupancy permits (site inspection) Responsibility: Community Development Director 2. The applicant shall replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in a Tree Report. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. Monitoring Action: Review and approval of project plans, Site inspection Timing: Prior to issuance of grading permits (review of plans), prior to issuance of occupancy permits (site inspection) Responsibility: Community Development Director Prior to the issuance of building permits, a 100' deep fuel modification area shall be incorporated into the project's design and shall be implemented on the project site to the west of the habitable structures on the top of the western facing slope as required by the Ventura County Fire Department. Monitoring Action: Review and approval of landscape plan, site inspection Timing: Prior to issuance of grading permits (review of plan), prior to issuance of building permits (site inspection) Responsibility: Community Development Director AGREEMENT TO PROPOSED MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM In accordance with the CEQA Guidelines Section 15070 (California Code of Regulations Title 14, Chapter 3, Article 6), this agreement must be signed prior to release of the Mitigated Negative Declaration for public review. I, THE UNDERSIGNED PROJECT APPLICANT, HEREBY AGREE TO MODIFY THE PROJECT DESIGN, CONSTRUCTION OR OPERATION AS NECESSARY TO INCLUDE ALL OF THE ABOVE - LISTED MITIGATION MEASURES IN THE PROJECT. 2 Signature of Project Applicant A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? 2) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or quality of the site and its surroundings? 4) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; ZC 2004 -02; TTM5437 Date Less Than Potentially Significant Significant With Impact Mitigation Less Than Significant No Impact Impact X X X Response: This project will involve the construction of residences and a roadway with accompanying infrastructure, including street lighting. Lighting from street lights, residences and accessory uses may create light or glare which could potentially impact nighttime views from other residences and from natural areas in the vicinity. Architecture and landscaping will be evaluated for consistency with City standards. The property is currently vacant and mostly covered with non - native weeds. The existing visual quality of the site will change with the development of this project, primarily as visible from the east of the project site. However, there are 21 acres on the western facing slope of the site that are proposed to be preserved as an open space easement consistent with the General Plan Land Use Element Goal 14- Policies 14.1 and 14.2. This will aid in preserving the rural character of the site as visible from northbound and southbound travelers along Walnut Canyon Road. Sources: Project Application submitted September 6, 2005, General Plan Land Use Element (1992). Mitigation: None required. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? 3) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: The subject site is not located within prime farmland, or farmland of state wide importance, or unique farmland or farmland of local importance and is zoned for residential use, and The Ventura County Important Farmland Map classifies the site as "Grazing" land. This project does not affect agricultural resources but is located adjacent to agricultural uses along its northern property line and the plan contains a 200' buffer which precludes the construction of habitable structures in this buffer area which is consistent with Goal 11- Policy 11.2 in the land use element of the general plan. Sources: California Department of Conservation: Ventura County Important Farmland Map (2002) General Plan Land Use Element (1992). Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; ZC 2004 -02; TTM5437 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Mitigation: None required. C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number of people? Response: The project is estimated to result in an average of 4.6lbs. per day of Nitrogen Oxides (NOx) for the years from 2005 to 2007 and 4.47lbs. per day of Reactive Organic Gases (ROG) for the same time period, mostly from vehicle trip emissions. The levels for NOx and ROG are below the suggested thresholds of the Ventura County Air Pollution Control District of 25 lbs. per day. No additional mitigation is needed. Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2003), URBEMIS 2002 Mitigation: None required. D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting X 4 X X Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; Z.0 2004 -02; "I "TM5437 Less Than Potentially Significant Less Than Significant With Significant No Impact Miti ation Impact Impact biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Response: The project has the potential to impact Coastal Sage Scrub Habitat. This project requires the removal of mature trees, both native and non - native from the site, and will require mitigation in accordance with the City's Mature Tree Protection Ordinance. Sources: Project Application submitted September 6, 2005, Coastal Sage Scrub Habitat Mitigation and Monitoring Plan — prepared August 2005. Mitigation: The applicant shall submit a Coastal Sage Scrub Habitat Restoration Plan for the restoration of a minimum of 2.2 acres of Coastal Sage Scrub Habitat on the western side of the site to the satisfaction of the Community Development Director. Once approved, implementation of the mitigation and monitoring plan shall be required as a condition of approval of the Tract Map and RPD applications. The applicant shall replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in a Tree Report. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemeteries? Response: There are no known or expected cultural resources on the project site. The proposed improvements within the project area will have no adverse impact on known cultural resources. Sources: Archaeological Study (Tentative Tract Map No. 5347 - September, 2004) Mitigation: None required. F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Paolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? X 5 0 0 : 0, ::� Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; ZC 2004 -02; TTM5437 iv) Landslides? 2) Result in substantial soil erosion or the loss of topsoil? 3) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X X X X Response: Standard conditions of approval will be placed on the project by the City Engineer to address geologic and soil conditions. The applicant shall be required comply with the recommendations the geotechnical report prepared for the site area. Sources: Project Application submitted September 6, 2005, General Plan Safety Element (2001) Mitigation: None required. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, 0 x X X Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; ZC 2004 -02; TTM5437 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response: The proximity of natural open space areas, both within the project boundaries and immediately adjacent to the project, pose an increased danger of wildfire damage. The steep slopes which comprise a significant portion of the nearby natural open space will increase this threat considerably. These impacts can be mitigated to a less -than significant level. The project shall incorporate all requirements of the Ventura County Fire Department Standard Conditions. Sources: Project Application submitted September 6, 2005, General Plan Safety Element (2001) Mitigation: A 100' deep fuel modification area shall be incorporated into the project's design and shall be implemented on the project site to the west of the habitable structures on the top of the western facing slope prior to the issuance of building permits as required by the Ventura County Fire Department. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge requirements? 2) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 4) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? 7) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? ii) inundation by seiche, tsunami, or mudflow? 7 X X X X X X X pt)d ,()'. `., Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; ZC 2004 -02; TTM5437 Less Than Potentially Significant Less Than Significant With Significant No impact mitigation impact impact Response: The project will result in the alteration of natural flows across the site. However, these flows will be directed to appropriate storm drain facilities prior to leaving the site and therefore, will not create a significant impact. Standard conditions of approval will ensure that the project complies with all applicable Federal, State, Regional and local regulations with respect to drainage, flooding, and water quality. Sources: Project Application submitted September 6, 2005, General Plan Safety Element (2001), Drainage Report (Tentative Tract Map No. 5347 - March 2005) Mitigation: None required. I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or natural community conservation plan? Response: The proposed project would be inconsistent with the current General Plan and Zoning designations on the property. However, the application includes a request to change the General Plan designation from Rural Low Residential to Rural High Residential and the Zone Map designation from Rural Exclusive to Residential Planned Development. While this project deviates from the current General Plan Land Use element map designation with regard to density on the subject site, the project would help meet the housing needs identified in the Housing Element and is consistent with all other General Plan Goals and Policies. Further, this project includes a General Plan Amendment which will ensure that the project is consistent with the Land Use Element map as well. Therefore, this impact is not significant. Sources: Project Application submitted September 6, 2005, General Plan Land Use Element (1992) General Plan Housing Element (2001). Mitigation: None required. J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: There are no known mineral resources on the project site. Sources: Project Application submitted September 6, 2005, General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. 8 Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; 7.0 2004 -02; TTM5437 K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 5) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Potentially Significant Less Than Significant With Significant Impact Mitigation Impact X No Impact X X Response: Standard conditions of approval shall be placed on the project to adequately address any potential noise issues. Outdoor equipment must comply with the City's noise standards. Construction activity hours are limited and construction is not allowed on Sundays. Additionally, construction activities such as requiring staging areas, regulating haul routes and other requirements to limit noise activities are required. Sources: Project Application submitted September 6, 2005, General Plan Noise Element (1998) Mitigation: None required. L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: The project will provide market -rate and affordable apartments to address existing housing needs in the city. Sources: Project Application submitted September 6, 2005 Mitigation: None required. 9 Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; ZC 2004 -02; TTM5437 M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X X Response: Conditions of approval and Development fees are collected by agencies in order to alleviate potential adverse impacts on public services. The applicant is required to obtain approvals of the Fire Protection District, Police Department, Water District and other applicable agencies prior to obtaining a building permit. Sources: Project Application submitted September 6, 2005, General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: This project will have no impact on recreational resources. Sources: Project Application submitted September 6, 2005, General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. O. TRANSPORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 10 0V <0 „ Birdsall Group, LIX RPD 2004 -05; GPA 2004 -03; ZC 2004 -02; TTM5437 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 3) Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity? X 7) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response: This project will have 21 single family detached housing units which will generate approximately 210 vehicle trips per day. The developer shall be required to pay a Citywide Traffic fee and an Area of Contribution fee which will preclude the necessity for any further mitigation. Adequate parking will be provided on site, within garages and driveways, and on public and private streets. Sources: Project Application submitted September 6, 2005, General Plan Circulation Element (1992) Mitigation: None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X X X X 7) Comply with federal, state, and local statutes and X regulations related to solid waste? Response: The project is required to enter into agreements and provide adequate utility and service systems prior to the issuance of a building permit for construction. Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; LC 2004 -02; TTM5437 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Sources: Project Application submitted September 6, 2005, Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002) Mitigation: None required. Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Response: The site has been previously disturbed and is surrounded by existing and future urban development. No endangered species or habitats have been identified on this site. No unmitigated cumulative impacts have been identified. Sources: None required. 12 p04.,OL. Birdsall Group, LLC RPD 2004 -05; GPA 2004 -03; 7.,C 2004 -02; YFM5437 Earlier Environmental Documents Used in the Preparation of this Initial Study None Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. The City of Moorpark's General Plan, as amended. 2. The Moorpark Municipal Code, as amended. 3. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 2004 -2224 4. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. 5. Ventura County Air Quality Assessment Guidelines, October 31, 2003. 13 004 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004 -03, ZONE CHANGE NO. 2004 -02, VESTING TENTATIVE TRACT MAP NO. 5437 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2004 -05 TO DEVELOP SIXTEEN (16) HOMES, FIVE (5) CUSTOM HOME LOTS, AND ONE OPEN SPACE LOT ON 42.4 ACRES, LOCATED EAST OF WALNUT CANYON ROAD AT CHAMPIONSHIP DRIVE, ON THE APPLICATION OF BIRDSALL GROUP, LLC WHEREAS, at a duly noticed public hearing on November 22, 2005, the Planning Commission considered General Plan Amendment No, 2004 -03, Zone Change No. 2004 -02, Vesting Tentative Tract Map 5437, and Residential Planned Development Permit (RPD) No. 2004- 05 to develop sixteen (16) homes, five (5) custom home lots and one open space lot on 42.4 acres, located east of Walnut Canyon Road at Championship Drive, on the application of Birdsall Group, LLC (Assessor Parcel Nos. 500 -0- 240 -016 and 500- 0 -240- 025; and WHEREAS, at its meeting of November 22, 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: An Initial Study and a Mitigated Negative Declaration have been prepared for the project in compliance with the California Environmental Quality Act (CEQA), and City Policy. Based upon the Initial Study and Mitigated Negative Declaration, including any comments received, the Planning Commission recommends adoption of the Mitigated Negative Declaration by the City Council. SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the Planning Commission has determined that the Vesting Tentative Tract Map No. 5437, with imposition of the attached Special and Standard Conditions of Approval, meets the \ \Mor pri scry \Ci`y Share \Communi. =y Development \DEV PMTS \R F \2004- C 5 [3ird5a11 \Resc \FC xeso_Birdsa1:0�1:22.dc: PC ATTACHMENT 5�?� :� Resolution No. PC -2005- Page 2 requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance if amended by General Plan Amendment No. 2004 -03 and Zone Change No. 2004 -02 to allow for a Residential Planned Development at a density up to one (1) unit per acre. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan if amended by General Plan Amendment No. 2004 -03 and Zone Change No. 2004 -03 for a Residential Planned Development to allow for a density up to one (1) unit per acre. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development of one (1) unit per acre, in that all City Development standards would be met by the proposed project while preserving 19.63 acres of the project site as open space. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions including restoration of a 2.2 acre area of Coastal Sage Scrub habitat. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that reciprocal access easements for improvements between Tract 5045 (Pardee) to the east and the site have been identified and incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. 0 V a -0 L 1 Resolution No. PC -2005- Page 3 I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that it is located on a hilly site at elevations between 770 and 900 feet, away from any public waterways. SECTION 3. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed project site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping is consistent with the provisions of the City's General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2004 -03 and Zone Change No. 2004 -02, in that the proposed project will provide for the orderly development of land identified in the City's General Plan and Zoning Ordinance as appropriate for residential development. B. The site design of the proposed project would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the north, south, east and west, and access to adjacent uses is not hindered by this project; and reciprocal access easements will be provided between the project site and the sites to the east. C. The proposed project is compatible with existing and permitted uses in the surrounding area, in that the surrounding existing and future development includes a variety of single- family detached homes and open space. SECTION 4. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of General Plan Amendment 2004 -03, as shown in Exhibit A, attached hereto and incorporated herein by reference, for a change in the Land Use Designation of the Land Use Element of the General Plan from Rural Low Residential (RL) to Rural High Residential (RH) and Open Space 1 (OS -1). B. The Planning Commission recommends to the City Council approval of Zone Change 2004 -02, as shown in Exhibit B, attached hereto and incorporated herein by reference, for a Resolution No. PC -2005- Page 4 change in the zoning from Rural Exclusive (RE -5ac) to Residential Planned Development_ one unit per acre (RPD -lu) and Open Space (OS). C. The Planning Commission recommends to the City Council approval of Vesting Tentative Tract Map No. 5437 for the subdivision of 42.4 acres of land into twenty -two (22) lots subject to the Special and Standard Conditions of Approval included in Exhibit C, attached hereto and incorporated herein by reference. D. The Planning Commission recommends to the City Council approval of Residential Planned Development Permit No. 2004 -05 for the development of sixteen (16) residential units, five (5) custom home lots and one open space lot subject to the Special and Standard Conditions of Approval included in Exhibit D, attached hereto and incorporated herein by reference. SECTION 5. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 22nd day of November, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - General Plan Amendment Map Exhibit B - Zone Change Map Exhibit C - Special and Standard Conditions of Approval for Vesting Tentative Tract Map No. 5437 and Residential Planned Development Permit No. 2004 -05 Resolution No. PC -2005- Page 5 EXHIBIT A -, RoA9 1 G�----NFRAL PLAN AMENDMENT MAP WAM I'- .� TR 5437 _jr I "- Resolution No. PC -2005- Page 6 EXHIBIT B - a0p", 1 ZONE HANCE MAP -�" = TR 5437 Resolution No. PC -2005- Page 7 EXHIBIT C SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP NO. 5437 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2004 -05 SPECIAL CONDITIONS FOR VESTING TENTATIVE TRACT MAP NO. 5437 Planning Division Special Conditions 1. Vesting Tentative Tract Map No. 5437 is approved per the submitted tentative map as modified by the conditions contained in this resolution. 2. Up to a maximum of twenty -one (21) residential lots and one open space lot may be developed under this entitlement. 3. The applicant shall fully improve Walnut Canyon Road along the east side of the street from the southern property line of the project site north to the northern city limits, including an improved transition area beyond the northern city limits, with the street improvement plan being submitted to the City Engineer and Community Development Director for review and approval prior to the issuance of residential building permits. The street improvements outlined above shall be implemented prior to the occupancy of any residential units on the project site. 4. The existing driveway off of Walnut Canyon Road shall be used solely for emergency access and shall have a decorative driveway constructed with an electric gate that only opens out to Walnut Canyon Road. a plan for the design and operation of the gate shall be submitted for review and approval of the design to Community Development Director. 5. The Tract Map shall show a 200' deep setback between the residential development areas of Lots 1 and 17 and the agricultural land on the adjacent property to the north within the unincorporated area of the County of Ventura; and there shall not be any allowances for structures of human habitation. Structures for non -human habitation, including but not limited to patios, gazebos, horse barns, tack rooms, horse stalls and riding arenas; may be allowed upon the determination and approval of the Community Development Director on a case by case basis. The future property owners of Lots 1 and 17 shall be required to sign an acknowledgement of agreement of the above factors prior to occupancy of any approved residential dwelling unit. Resolution No. PC -2005- Page 8 6. The properties of the tract shall. be served with multi- purpose (hike /bike /equestrian) trails which shall be placed along both sides of the private streets, looping around the cul -de -sacs and also along one side of the private driveway and shall be constructed out of decomposed granite at a minimum of ten feet (10') in width. The multi - purpose trail plan shall be shown on the Final Map prior to recordation subject to the review and approval of the Community Development Director. 7. All multi - purpose trials shall be separated from vehicular traffic by the construction of a tan concrete fence with wood grain appearance at a maximum height of five feet and with three horizontal cross members subject to the review and approval of the Community Development Director. 8. Prior to the approval of the Final Map, the applicant shall enter into an agreement to participate in the development and maintenance agreements of the Homeowners Association. of Planning Areas 8 &9 in Tract No. 5045 and contribute a pro- rated share towards the cost for streets and drainage purposes to the satisfaction of the City Attorney, City Engineer and Community Development Director. 9. Prior to the approval of the Final Map, the applicant shall offer to dedicate a conservation easement to the City of Moorpark over the areas shown as open space on the Tentative Tract Map No. 5437, to the satisfaction of the City Engineer and Community Development Director. 10. The multi - purpose trail, trail fencing, private streets, driveway gate to the emergency access off of Walnut Canyon Road, fuel modification areas and common area slopes shall all be maintained by the Homeowners Association. 11. All conditions of Residential Planned Development Permit No. 2004 -05 shall apply to this Vesting Tentative Tract Map No. 5437. Engineering Department Special Conditions Grading 12. Project soil quantities shall balance. No soil shall be moved to or from this project for grading purposes. 13. The soils report for this project specifies offsite grading for the remediation of geotechnical conditions. Letters of permission for offsite grading and any temporary construction and /or permanent easements shall be provided Resolution No. PC -2005- Page 9 to the City Engineer prior to approval of the grading plans. 14. No buildings shall be constructed within 50 feet on each side of any known active or potentially active fault. 15. The developer shall submit a project specific geotechnical report for review and approval by the City Engineer. PUBLIC AND PRIVATE STREETS 16. 5. Existing driveway at the westerly portion of property is for the sole purpose of emergency access only. 17. 6. If the existing drive way is to be used as emergency access only, a gate equipped with fire department approved locks shall be installed westerly of the proposed fire department turnaround. 18. 7. The street indicated as "C" Drive must be designed and built to Ventura County Road condition standard plans to the satisfaction of the City Engineer and the Director of Community Development. DRAINAGE AND HYDROLOGY 19. A sump condition is proposed on "B" Street and must be shown that 100 -year protection of habitable areas assuming the inlet catch basins in the street clogs 1009.. This will require a secondary emergency outlet for the sump waters which will provide a minimum of 1.0 foot freeboard between the maximum water surface elevation and the minimum adjacent finish floor elevation. This emergency outlet system must direct overflows to either a downstream street with adequate capacity or other acceptable downstream conveyance system. Point of discharge must be analyzed with regard to prevention of downstream problems. A sump condition exists whenever water ponds and the inlet is located at a low point and by -pass flow does not occur until right -of -way width flooding /ponding occurs in the street. 20. The proposed storm drain pipe system outletting easterly of proposed lot 8 shall include a dissipator structure and rip -rap pad for hydraulic energy and velocity scour reduction. 21. The proposed trapezoidal channel located on the easterly boundary of the project shall be concrete channel or 0 �➢ d 0'` Resolution No. PC -2005- Page 10 alternative channel design that addresses and mitigates erosive conditions and shall be approved by the City Engineer and shall be designed in accordance with Ventura County Watershed Protection District Standards. 22. The applicant must show legal ability to use and benefit from and show mechanism to in part or whole maintain the drainage basin known as existing Permanent Basin M -24 on Tract 5045 and associated facilities located for water quality and detention purposes and must be provided prior to approval of grading plan and filing of Final Map. 23. All existing and proposed offsite drainage improvements intended to be used and benefited as part of this project must be shown capable of properly conveying all tributary flows and must be submitted for review to the City Engineer. SPECIAL CONDITIONS FOR RESIDENTIAL PLANNED DEVELOPMENT 2004 -05 Planning Department Special Conditions 1. Residential Planned Development No. 2004 -05 is approved per the submitted site plan as modified by the conditions contained in this resolution. 2. All conditions of Vesting Tentative Tract Map No. 5437 shall apply to this Residential Planned Development permit. 3. Single family residences shall comply with the following setback criteria: a. Front yards shall have a minimum depth of thirty (30) feet; b. Side yards shall have a minimum width of ten (10) feet on each side, (with a ten (10) foot clear to sky side yard on the driveway /garage side of the lot with no architectural projections into this side yard to allow for ingress and egress of the rear yard for transport of materials associated with animal keeping); C. Rear yards shall have a minimum depth of twenty (20) feet. 4. The applicant shall submit a Coastal Sage Scrub Habitat Restoration Plan for the restoration of a minimum of 2.2 acres of Coastal Sage Scrub Habitat on the western side of O(pq;0c I Resolution No. PC -2005- Page 11 the site to the satisfaction of the Community Development Director. 5. The applicant shall replace trees on the site in an amount equal to the appraised value of the removed trees, as identified in a Tree Report. Should there not be sufficient space to replace the required trees, or should appropriate trees not be available, the applicant shall pay to the City of Moorpark an amount equal to the difference between the appraised amount and the value of the trees planted on site. 6. All of the trees on the property shall be reviewed for preservation and /or relocation to ensure substantial compatibility with the natural open space which shall be re- vegetated with naturally occurring plant materials Landscaping and tree replacement plans shall be reviewed and approved by the Community Development Director prior to the issuance of building permits. 7. Prior to the issuance of building permits, a 100 -foot deep fuel modification area shall be incorporated into the project's design and shall be implemented on the project site to the south and west of the habitable structures on the top of the development area of the site as required by the Ventura County Fire Department. 8. The fuel modification zone as shown on the Tentative Tract Map No. 5437 behind Lots 21, 20, 19, and 18, shall be continued north behind the pad area of Lot 17. 9. The pad areas of Lots 1, 2, 3 and 17 shall be contour graded with the grading plan submitted for review and approval of the City Engineer and the Community Development Director prior to the issuance of grading permits. 10. To avoid the sky- lining of houses and to protect the ridgeline viewshed as observed from valley floors, a building restriction setback shall be placed towards the rear of Lots 17, 18, 19, 20 and 21 indicting that there shall not be any above ground structures above ten (10) feet in height allowed within a 35 -foot setback distance as measured easterly away from the finished elevation of 930 feet behind the custom lots. 11. The grading to be performed for the creation of all 21 development pads shall occur at one time to ensure that the earthwork quantities are balanced on site, with the rough grading plan being submitted for review and approval of the City Engineer and Community Development Director, prior to the issuance of grading permits. Resolution No. PC -2005- Page 12 12. An Administrative Permit shall be required for each custom home on Lots 17 through 21 prior to the issuance of building permits for these properties. 13. All future property owners of lots within Tract 5437 shall be required to sign an acknowledgement that all properties located within Tract 5437 have been created at substantial sizes which allow the accommodation of various forms of animal keeping, including but not limited to horse keeping. 14. Each architectural style shall be utilized in at least two of the homes to be built and the single story plan shall be utilized in at least four of the homes to be built and each architectural style shall have three color schemes, especially selected to accentuate the style so that the variety of floor plans, architectural styles, and color schemes result in a neighborhood of compatible homes but lacking the repetition often found in residential tract homes, with the final design layout to be submitted for review and approval of the Community Development Director prior to the issuance of building permits. 15. The driveway access to Lots 16 and 17 shall be redesigned to take access directly off of the northern cul -de -sac of "B" Street and a final plan demonstrating driveway access to Lots 16 and 17 shall be submitted to the City Engineer and Community Development Director for review and approval prior to the issuance of building permits on these lots. 16. The driveway access to Lot 4 shall be reoriented so that access is not located within the corner of the intersection of "A" Street and "B" Street, and a final plan demonstrating driveway access shall be submitted to the City Engineer and Community Development Director for review and approval prior to the issuance of building permits on this lot. Resolution No. PC -2005- Page 13 STANDARD CONDITIONS OF APPROVAL FOR SUBDIVISIONS AND PLANNED DEVELOPMENTS A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement /Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 2. The Final Map shall include the final Conditions of Approval and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 3. This subdivision shall expire three (3) years from the date of its approval. The Community Development Director may, at his /her discretion, grant up to two (2) additional one -year extensions for map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map shall be made in writing, at least thirty (30) days prior to the expiration date of the map and shall be accompanied by applicable entitlement processing deposits. 4. This planned development permit shall expire one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his /her discretion, grant up to two (2) additional one -year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. R�,0 !-• r..., Resolution No. PC -2005- Page 14 S. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and/or plans. 6. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 7. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this project are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance. 8. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall cease in the immediate area and the find shall be left untouched. The applicant shall assure the preservation of the site and immediately contact the Community Development Director informing the Director of the find. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected shall be approved by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 9. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. Opp -,O�- Resolution No. PC -2005- Page 15 a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. 10. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 11. All facilities and uses, other than those specifically requested in the application, and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 12. Entitlement Processing: Prior to the Zoning Clearance, entitlement, building permit, or advanced grading permit the submit to the Community Development outstanding entitlement case processing fe applicable City legal service fees. This made within sixty (60) calendar days of entitlement. issuance of any permit, grading applicant shall Department all es, including all payment shall be approval of this 13. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 14. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Department, capital improvement, development, and processing fees at the current rate in effect. Said fees include, but are not 016910!' `� Resolution No. PC -2005- Page 16 limited to building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 15. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department Park and Recreation Fees in accordance with the Moorpark Municipal Code and to the satisfaction of the Community Services Director. 16. Tree and Landscape: Prior to or concurrently with the issuance of a building permit the Tree and Landscape Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. 1-7. Fire Protection Facilities: Prior to or concurrently with the issuance of a building permit, current Fire Protection Facilities Fees shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 18. Library Facilities: Prior to or concurrently with the issuance of a building permit the Library Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 19. Police Facilities: Prior to or concurrently with the issuance of a building permit the Police Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 20. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. 21. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall Resolution No. PC -2005- Page 17 submit to the Community Development Department a fair -share contribution for intersection improvements relating to the project. The level of fair -share participation will be to the satisfaction of the City Engineer based on the traffic report prepared for the project and the extent of the impact to these intersections. 22. Citywide Traffic: Prior to issuance of a Zoning Clearance for a building permit for each residential or institutional use within the boundaries of the Property, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Citywide Traffic Fee shall be Five Thousand Seventy -Five Dollars ($5,075.00) per residential unit, and Twenty -Two Thousand, Eight Hundred Thirty -Eight Dollars ($22,838.00) per acre of institutional land on which the institutional use is located. Commencing on January 1, 2006, and annually thereafter, the contribution amount shall be increased to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. In the event the Caltrans Highway Bid Price Index is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the index had not been discontinued or revised. 23. Area of Contribution: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area in which the project is located. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 24. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a building permit, whichever occurs first the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. Resolution No. PC -2005- Page 18 25. Schools: Prior to issuance of building permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark Unified School District. 26. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for each building permit, the applicant shall contribute to Art in Public Places consistent with Ordinance No. 321 and Resolution No. 2005- 2408. 27. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and the Building and Safety Division the City's electronic image conversion fee for entitlement /condition compliance documents; Final Map/ engineering improvement plans /permit documents; and building plans /permit documents, respectively. 28. Fish and Game: Within two (2) business days after the City Council /Planning Commission adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark two separate checks for Negative Declaration or Environmental Impact Report, and Administrative Fee, both made payable to the County of Ventura, in compliance with Assembly Bill 3158 for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 29. Crossing Guard: Prior to recordation of Final Map or prior to the issuance of a building permit, whichever occurs first, the applicant shall pay to the Community Development Department an amount to cover the costs associated with a crossing guard for five years at the then current rate, plus the pro -rata cost of direct supervision of the crossing guard location and staff's administrative costs (calculated at fifteen percent (150) of the above costs). 30. Affordable Housing Agreement /Plan: Prior to the preparation of an Affordable Housing Agreement and /or an Affordable Housing Implementation and Resale Restriction Plan, the applicant shall pay to the City the City's cost to prepare the required Plan and Agreement. Resolution No. PC -2005- Page 19 31. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department citywide Storm Drain Discharge Maintenance Fee. The fee shall be paid in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. CABLE TELEVISION 32. Prior to commencement of project construction the applicant shall provide notice of its construction schedule to all persons holding a valid cable television franchise issued by the City of Moorpark (Cable Franchisees) sufficiently in advance of construction to allow the Cable Franchisees to coordinate installation of their equipment and infrastructure with that schedule. The City shall provide the applicant a list of Cable Franchisees upon request. During construction, the applicant shall allow the Cable Franchisees to install any equipment or infrastructure (including conduit, power supplies, and switching equipment) necessary to provide Franchisee's services to all parcels and lots in the Project. 33. In the event the cable television services or their equivalent are provided to the project or individual lots under collective arrangement or any collective means other than a Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the Project), the Home Owners Association (HOA) shall pay monthly to City an access fee of five percent (5°) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. 34. In the event cable television services or their equivalent are provided to the project by any means other than by a City Cable Franchise, the City's government channel shall be available to all units as part of any such service, on the same basis and cost as if the project was served by a City Cable Franchise. AFFORDABLE HOUSING REQUIREMENTS 35. Prior to or concurrently with the first Final Map approval the applicant shall enter into an Affordable Housing ood- C Resolution No. PC -2005- Page 20 Agreement. Consistent with the City's General Plan Housing Element, State law and Moorpark redevelopment Agency Implementation Plan, this subdivision is subject to execution of an Affordable Housing Agreement between the City of Moorpark and the applicant. The Affordable Housing Agreement shall set forth the procedure for meeting an affordable housing requirement of ten percent of the total number of approved dwelling units for properties outside of a Redevelopment Project Area and fifteen percent of the total number of approved dwelling units for projects which are in a Redevelopment Project Area. The Agreement may be part of a Development Agreement. 36. Prior to the preparation of an Affordable Housing Agreement or a Affordable Housing Implementation and Resale Restriction Plan the applicant shall agree to provide low income and very low income units as specified in the Special Conditions of Approval, included herein, to meet the requirements of California Health and Safety Code 33410 et seq. 37. Prior to the recordation of the first Final Map for this project the applicant and the City shall execute an Affordable Housing Agreement that incorporates a Council approved Affordable Housing Implementation and Resale Restriction Plan consistent with the Conditions of Approval of this subdivision. The initial sales price, location of the affordable units, buyer eligibility, and resale restrictions, respective role of the City and the applicant, and any other item determined necessary by the City shall be set forth in the Plan. B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 38. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide comprehensive on -site sign arrangement and design consistent with the commercial /industrial center architecture and the City's Sign Ordinance requirements. 39. Exterior downspouts shall not be permitted unless designed as an integral part of the overall architecture and approved by the city as part of the planned development permit. Resolution No. PC -2005- Page 21 40. The Building Plans shall be in substantial conformance to the plans approved under this entitlement and shall specifically reflect the following: d. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. 41. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordance with the requirements of the local Postmaster. 42. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) shall only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director shall be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. 43. All air conditioning or air exchange equipment shall be ground mounted. The equipment shall be located in a side yard in such a manner that it is not within 15 -feet of an opening window at ground floor level of any residential structure, and shall be located to maintain a minimum 5- foot yard area. The Director may approve rear yard locations where side yard locations are not possible. 44. A minimum twenty -foot (20') by twenty -foot (20') clear and unobstructed parking area for two (2) vehicles shall be provided in a garage for each dwelling unit. Single garages shall measure a minimum of twelve -foot (12') wide by twenty -foot (20') deep clear and unobstructed area. Steel roll -up garage doors shall be provided. Garage doors shall be a minimum of sixteen feet (16') wide by seven feet (7') high for double doors and nine feet (9') wide by seven feet (7') high for single doors. A minimum twenty -foot (20') long concrete paved driveway shall be provided in front of the garage door outside of the street right -of- way. 45. All homes /units shall be constructed employing energy saving devices. These devices shall include, but not be limited to ultra low flush toilets (to not exceed 1.6 0Vt' -1C Resolution No. PC -2005- Page 22 gallons), low water use shower controllers, natural gas fueled stoves, pilotless ovens and ranges, night set back features for thermostats connected to the main space - heating source, kitchen ventilation systems with automatic dampers, hot water solar panel stub -outs. 46. When required by Title 15 of the Moorpark Municipal Code, rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer. OPERATIONAL REQUIREMENTS 47. The applicant agrees not to protest the formation of an underground Utility Assessment District. 48. Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. 49. The building manager or designee shall be required to conduct a routine on -site waste management education program to educating and alerting employees and /or residents to any new developments or requirements for solid waste management. This condition shall be coordinated through the City's Solid Waste Management staff. (This Condition Applies to Commercial/ Industrial and Multi - family Residential Projects) LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 50. Prior to the issuance of a Zoning Clearance for building permits the applicant shall submit to the Community Development Director for review and approval, with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls shall be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial Resolution No. PC -2005- Page 23 properties. The plan shall maintain proper vehicle sight distances subject to the review of the City Engineer, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 51. Prior to or concurrently with the submittal of the Landscaping and Irrigation Plans the specific design and location of the neighborhood identification monument sign shall be submitted for review and approval by the Community Development Director. The sign shall be installed concurrent with perimeter project wall installation. 52. Prior to the issuance of a Zoning Clearance for final building permit (occupancy) the applicant shall install front yard landscaping, including sod and an automatic irrigation system, as approved on the landscape plans. 53. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping constructed as a requirement of the project, whether said parkway landscaping is within the street right -of -way or outside of the street right -of -way. Any parkway landscaping outside of the street right -of -way shall be within a landscape easement. 54. Ail required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 55. When available, use of reclaimed water shall be required for landscape areas subject to the approval of the Community Development Director, the City Engineer and Ventura County Waterworks District No. 1. 56. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the Community Development Director 00�,:1� .Y. Resolution No. PC -2005- Page 24 and City Engineer for review and approval prior to the issuance of a building permit. 57. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 58. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot boundaries shall be in place, unless an alternative installation is approved by the Community Development Director. C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 59. Grading, drainage and improvement plans and supporting reports and calculations shall be prepared in conformance with the "Land Development Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by BNI (except for signs, traffic signals and appurtenances thereto; for signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation); "Engineering Policies and Standards" of the City of Moorpark, "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed above, the criteria that provide the higher lever of quality and safety shall prevail. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project shall be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer. 60. The applicant and /or property owner shall provide verification to the City Engineer that all on -site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning depending upon site and weather conditions. 61. Resolution No. PC -2005- Page 25 62. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans MylarO sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. (Water and Sewer improvements plans shall be submitted to Ventura County Waterworks District No. 1 for approval.) 63. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer. 64. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and particulate matter (aerosols /dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. 65. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 66. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 67. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 68. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map the applicant shall post sufficient surety, in a form acceptable to the City Engineer, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non -point Resolution No. PC -2005- Page 26 water discharges, landscaping, fencing, and bridges. Grading and improvements shall be designed, bonded and constructed as a single project. 69. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map, whichever occurs first, the applicant shall provide written proof to the City Engineer that any and all wells that may exist or have existed within the project have been properly sealed or have been destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. FINAL MAP 70. Prior to Final Map approval, the applicant shall obtain City Engineer approval of all required public improvement and grading plans. The applicant shall enter into an agreement with the City of Moorpark to complete grading, public improvements and subdivision monumentation and post sufficient surety guaranteeing the construction and maintenance of grading' all public improvements, and private street and storm drain improvements; construction and post construction NPDES Best Management Practice; and subdivision monumentation in a form and in an amount acceptable to the City Engineer. Said plans shall be prepared by a California Registered Civil Engineer. Said sureties shall meet the City's requirements for sureties and shall remain in place for one year following final acceptance of the improvements by the City or until such time that the City Council shall approve their redemption, whichever is the longer. 71. Prior to Final Map approval the applicant shall post sufficient surety in a form and in an amount acceptable to the City Engineer guaranteeing the payment of laborers and materialsmen in an amount no less than fifty percent (50�) of the faithful performance surety. PUBLIC AND PRIVATE STREETS 72. Prior to construction of any public improvement the applicant shall submit to the City Engineer, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. Resolution No. PC -2005- Page 27 73. Prior to issuance of the first building permit all existing and proposed utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. DRAINAGE AND HYDROLOGY 74. For a 10 -year frequency storm, local, residential and private streets shall be designed to have one dry travel lane available on interior residential streets. Collector streets shall be designed to have a minimum of one dry travel lane in each direction. 75. Drainage and improvement plans shall be designed so that after - development, drainage to adjacent parcels would not be increased above pre - development drainage quantities for any stormwater model between and including the 10 year and 100 year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project shall be in type, kind and nature of predevelopment flows unless the affected upstream and /or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows shall be provided to the satisfaction of the City Engineer. The applicant shall make any on -site and downstream improvements, required by the City, to support the proposed development. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 76. The applicant shall submit to the City Engineer a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002. The Plans shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended Best Management Practice (BMP) to effectively prohibit the entry of pollutants from the construction site into the storm drain system streets and water courses. The Plans shall be implemented as part of the grading, improvements and development of the project. 77. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the NPDES Resolution No. PC -2005- Page 28 Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of permit application. The improvement plans and grading plans shall contain the WDID number for the project. 78. Prior to the starting of grading or any ground disturbance the applicant shall identify a qualified superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 406 or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practice. The NPDES superintendent shall provide proof of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practice. In addition, an NPDES superintendent shall be designated to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. MAINTENANCE 79. Unless otherwise stipulated in the Special Conditions of Approval, any median landscaping constructed by the project shall be maintained by the City. An Assessment District shall be formed to fund the City maintenance costs for any such median landscaping. 80. Unless otherwise stipulated in the Special Conditions of Approval, parkway landscaping shall be maintained by a Home Owners' Association, a Property Owners' Association or by the property owner [collectively herein "Private Responsible Party "] . In such case, any required landscape easements, shall be conveyed to the Private Responsible Party. 81. Unless otherwise stipulated in the Special Conditions of Approval, all required on -site drainage improvements and /or Stormwater quality [NPDES] features or facilities shall be maintained by the Private Responsible Party. 82. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping 0 e 'IL Resolution No. PC -2005- Page 29 and /or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscaping and /or drainage improvements shall be conveyed to the City in easements for such purposes. 83. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 84. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back - Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 85. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the applicant shall be required to undertake and complete the following: �. At least one - hundred - twenty (120) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas "] to be maintained by the Resolution No. PC -2005- Page 30 Assessment District (including a required Back -Up District), along with any required plan checking fees; ii. submit a check in the amount of $5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.]; t. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and NPDES Drainage Improvements); c. Prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit `A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City.] D. Please contact the BUILDING DIVISION for compliance with the following conditions: 86. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter" for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 87. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 88. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source Resolution No. PC -2005- Page 31 whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 89. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. Once combustible construction starts a minimum twenty -foot (20') clear width access road /driveway shall remain free of obstruction during any construction activities within the development. All access roads /driveways shall have a minimum vertical clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning radius of forty feet (40'). 90. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not exceed a five percent cross slope in any direction and shall be located within one - hundred -fifty feet (150') of the end of the access road /driveway. 91. The access road /driveway shall be extended to within one - hundred -fifty feet (150') of all portions of the exterior wall of the first story of any building and shalom be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 92. When only one (1) access point is provided, the maximum length shall not exceed eight- hundred feet (800'). 93. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 94. Approved walkways shall be provided from all building openings to the public way or Fire District access road /driveway. 95. Structures exceeding three stories or forty- eight -feet (48') in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy -five- O��d'�1.�:. r- Resolution No. PC -2005- Page 32 feet (75' ) in height shall be subject to Fire District high rise building requirements. 96. Structures greater than 5,000 square feet and/or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. FINAL MAP 97. Prior to recordation of the Final Map(s) proposed street name(s) shall be submitted to the Community Development Director and the Fire District's Mapping Unit for review and approval. Approved street names shall be shown on the Final Map(s). Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 98. At least fourteen (14) days prior to recordation of any maps, including parcel map waivers, the applicant shall submit two (2) copies of the map to the Fire Prevention Division for approval. 99. Within seven (7) days of the recordation of the Final Map(s) an electronic version of the map shall be provided to the Fire District. 100. Prior to Final Map or prior to the issuance of a building permit, whichever comes first, the applicant shall provide to the Fire District, written verification from the water purveyor that the water purveyor can provide the required fire flow as determined by the Fire District. DEVELOPMENT REQUIREMENTS 101. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 102. Minimum six -inch (6 ") high address numbers shall be installed prior to occupancy, shall be contrasting color to the background, and shall be readily visible at night Brass or gold plated number shall not be used. Where structures are set back more that one - hundred -fifty feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure (s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. `7 Resolution No. PC -2005- Page 33 103. Prior to combustible construction, fire hydrants shall be installed to the minimum standards of the City of Moorpark and the Fire District, and shall be in service. 104. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 105. Prior to issuance of a building permit the applicant shall submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. 106. Prior to occupancy the fire lanes shall be posted "NO PARKING FIRE LANE TOW - AWAY" in accordance with California Vehicle Code and the Fire District. 107. Prior to or concurrently with the issuance of a building permit the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three - hundred feet (300') of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrants) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 108. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one - hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 109. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code. 1, 1 Resolution No. PC -2005- Page 34 110. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 111. Prior to the issuance of a building permit the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 112. Prior to framing the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 113. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 114. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 115. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the Ventura County Waterworks District No. 1. H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: Resolution No. PC -2005- Page 35 116. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 117. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. - END - ITEM: 8.E. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by David A. Bobardt, Planning Mana DATE: November 16, 2005 (PC Meeting of 11/22/05) SUBJECT: Consider Parcel Map No. 5532 to Divide an 8.12 -Acre Parcel into Two Parcels, of 6.08 Acres and 2.04 Acres Each for an Approved Retail Center, Located on the North Side of New Los Angeles Avenue /White Sage Road, Immediately East of the SR -23 Freeway, on the Application of NLA 118, L.L.C. (Warehouse Discount Center) BACKGROUND On October 24, 2005, NLA 118, L.L.C. (Warehouse Discount Center) filed an application for a Parcel Map to divide their 8.12 -acre site into two parcels, one for each of two approved, but not yet constructed, commercial buildings. DISCUSSION Project Setting Existing Site Conditions: The project site is 353,509 sq. ft (8.12 acres) in size, and is topographically at approximately the same level as the adjacent SR- 23 freeway, with excellent visibility from both the northbound and southbound lanes. The site is flat, having been previously graded. It is currently vacant and is primarily covered with non - native weeds. The site has 263.44 feet of frontage along New Los Angeles Avenue north of the northbound SR -23 freeway exit ramp at New Los Angeles Avenue, and 293.00 feet of frontage along White Sage Road, a private street that extends east from the terminus of New Los Angeles Avenue. Honorable Planning Commission November 22, 2005 Page 2 Previous Applications: The project site was originally a part of Special Devices, Incorporated project site (General Plan Amendment No. 1995 -01, Zone Change No. 1995 -03, Vesting Tentative Tract No. 5004 and Industrial Planned Development No. 1995 -02). The approval of this project through Resolution 96 -1222 resulted in a change in zoning on the site from Open Space to Commercial Planned Development. On October 5, 2005, General Plan Amendment No. 2004 -04, Commercial Planned Development No. 2004 -03, Conditional Use Permit No. 2005 -04, and Development Agreement No. 2004 -02 were approved by the City Council Resolution No. 2005 -2398 and Ordinance No. 322 to allow a 115,000 square -foot Warehouse Discount Center retail with distribution /warehouse building and an additional 17,500 square - foot retail building. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Commercial General Planned Graded and Site Commercial Development Undeveloped (C -2) (CPD) North Open Space Open Space Arroyo Simi (OS) (OS) Open Space Open Space Open Space and South and and Limited Special Devices, Manufacturing Industrial (I -1) (M -2) Inc. Open Space Open Space Open Space /Arroyo East (OS -1) (OS) Simi West Open Space Open Space Open Space and and Freeway SR -23 Freeway General Plan and Zoning Consistency: The current General Plan designation of the site is General Commercial (C -2). The current zoning designation is CPD (Commercial Planned Development). The proposed parcels comply with all the provisions of the General Plan and Zoning for the approved uses, provided that the access, parking, and drainage are tied through an agreement, covenant, or easement. This would ensure that the approved uses would meet the minimum site size requirements in the General Plan for retail and distribution uses with a floor area ratio (FAR) of 0.38. This issue is discussed further in the analysis section. 00A I fly Honorable Planning Commission November 22, 2005 Page 3 Project Summary Parcel Map No. 5532: Parcel No. Size (in acres) Size (in sq. ft.) 1 6.08 264,865 2 2.04 88,644 Total 8.12 353,509 ANALYSIS Issues Project issues have been addressed through the consideration of the other entitlements approved for this project by Resolution No. 2005 -2398 and Ordinance No. 322 (attached). One issue unique to the division of the site into two parcels is the consistency of the newly created parcels for the intended uses with the General Plan. The Land Use Element calls for a maximum 0.25 FAR on land designated General Commercial. This could be increased to a maximum 0.38 FAR for retail furniture or appliance stores with attached distribution /warehouse facilities, when located on a site that is greater than eight (8) acres and is adjacent to both a freeway interchange and arterial roadway as identified in the Circulation Element. This project site currently meets the size and location requirements to allow for the higher FAR. The approved project, with 132,500 square feet of retail furniture and appliance stores with attached distribution /warehouse facilities, has an FAR of 0.375. If divided into two separate parcels, each would be less than eight (8) acres. Parcel 1, with a 115,000 square -foot building, would have a FAR of 0.434. Parcel 2, with a 17,500 square -foot building, would have a FAR of 0.197. It should be noted that Commercial Planned Development Permit No. 2004 -03 would treat both proposed parcels as a single development. In addition, the inclusion of an agreement, covenant or easement that ties the access, parking, and drainage for the two parcels would ensure that this development would continue to be consistent with the General Plan, even after division into two separate parcels. A draft condition has been added to the attached resolution to address this issue. Findings The Planning Commission has original authority over Tentative Parcel Maps. Action by the Planning Commission is final, unless appealed to the City Council within ten (10) days of the Planning Commission's decision. Based upon the review and analysis of the 0o'-:1'r."'_" Honorable Planning Commission November 22, 2005 Page 4 project as proposed, staff recommends the following findings for the Planning Commission: A. The proposed map as conditioned, and the design and improvements of the proposed subdivision, are consistent with the City's General Plan, in that the property is planned for general commercial uses and is in a location where retail furniture or appliance stores with attached distribution /warehouse facilities are permitted, and the resulting lots will have an agreement, covenant, or easement for access, parking, and drainage. B. The site is physically suitable for the type and intensity of development proposed, in that the site has previously been improved to allow for development of a large commercial use with access to both an arterial roadway and freeway. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the site has already been rough graded. D. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that public sanitation services are available to the subject property, and will be required to meet the current City standards. E. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that no public easements exist which will be adversely affected by the subdivision of land on the subject property. F. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq., in that no community sewer system exists or is proposed on the property. G. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that the subject property is separated from the Arroyo Simi to the north and east by an open space lot and railroad right -of -way. Honorable Planning Commission November 22, 2005 Page 5 PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: November 16, 2005 Planning Commission Action Deadline: January 5, 2006 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA) . Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has supervised the preparation of an Initial Study for this project in conjunction with the other entitlements that were approved on October 5, 2005. This Initial Study has been previously reviewed by the Planning Commission. Based upon the Initial Study, the Director has determined that all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report. No further analysis pursuant to the California Environmental Quality Act is required. Honorable Planning Commission. November 22, 2005 Page 6 STAFF RECOW4ENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- approving Tentative Parcel Map No 5532, subject to Conditions of Approval. ATTACHMENTS: 1. Location Map 2. Site Plan with Tentative Map Overlay 3. Resolution No. 2005 -2398 4. Ordinance No. 322 5. Draft Resolution No. PC -2005- with Conditions of Approval li K) Ti " 7 V., p", V- � m M r m i!4 m ........ ............ ....... g, : j Q\ °- r RETAIL HOME SHOPPING A ROtOM Center In MOorpork WAREHOUSE DISCOINT CF)V7FR RESOLUTION NO. 2005 -2398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2004 -04, COMMERCIAL PLANNED DEVELOPMENT NO. 2004 -03 AND CONDITIONAL USE PERMIT NO. 2005 -04 ON AN 8.15 ACRE PARCEL, LOCATED ON THE NORTH SIDE OF NEW LOS ANGELES AVENUE /WHITE SAGE ROAD, IMMEDIATELY EAST OF THE SR -23 FREEWAY, ON THE APPLICATION OF BRIAN POLIQUIN (FOR WAREHOUSE DISCOUNT CENTER) WHEREAS, at a duly noticed public hearing on October 5, 2005, the City Council considered General Plan Amendment No. 2004 -04, Commercial Planned Development No. 2004 -03 and Conditional Use Permit No. 2005 -04 on the application of Brian Poliquin (for Warehouse Discount Center) for a one -story (with mezzanine level) 115,000 sq. ft. appliance store with distribution and warehousing, with architectural elements over thirty -five feet in height, and a 17,000 sq. ft. one -story furniture store, located on the north side of New Los Angeles Avenue /White Sage Road, immediately east of the SR -23 Freeway; and WHEREAS, at its meeting of June 28, 2005, the Planning Commission recommended approval of the proposed project subject to special and standard conditions of approval; and WHEREAS, the Environmental Impact Report prepared for the Special Devices Incorporated project (SCH No. 1995071057) has adequately analyzed all potential impacts of the proposed project; and WHEREAS, at its meeting of October 5, 2005, the City Council considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. APPROVAL OF GENERAL PLAN AMENDMENT: The City Council approves General Plan Amendment No. 2004 -04, with the Land Use Category for General Commercial in Section 5.1 of the Land Use Element (Page 25) amended to read as follows: PC ATTACHMENT 3 0 C1 Resolution No. 2005 -2398 Page 2 C -2 - General Commercial (0.25 FAR) This designation provides for commercial uses with a wide range of retail and service activities (6 -20 acres). Intended uses include community shopping centers, department stores, furniture and appliance stores, restaurants, automotive uses, office and professional services, and business support services. This designation encourages the grouping of commercial outlets into consolidated centers with direct access to major roads, arterials and /or freeways. Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the Circulation Element and that are not adjacent to planned residential uses may be developed with retail furniture or appliance stores with attached distribution /warehouse facilities at a maximum 0.38 FAR when all other standards of the Zoning Ordinance are met. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040C: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping is consistent with the provisions of the General Plan, any applicable Specific Plans, zoning ordinance and any other applicable regulations if amended by General Plan Amendment No. 2004 -04 and in that the site design is consistent with modern development techniques, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the proposed commercial buildings provides sufficient parking and loading spaces on site and is situated in an area planned for commercial uses. C. The proposed uses are compatible with existing and permitted uses in the surrounding area, in that the proposed commercial building is consistent with other similar projects approved within the city. QE?o.,l Fe Resolution No. 2005 -2398 Page 3 SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council- makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030D: A. The proposed use, with tower elements over thirty -five feet (351) in height, as conditioned, is consistent with the provisions of the City's General Plan, Zoning Ordinance, and any other applicable regulations, if amended by General Plan Amendment No. 2004 -04. B. The proposed use, with tower elements over thirty -five feet (35') in height, is compatible with both existing and permitted land uses in the surrounding area in that properties on the west side of the SR -23 freeway on Los Angeles Avenue are developed with both retail and distribution uses. C. The proposed use, with tower elements over thirty -five feet (35') in height, is compatible with the scale, visual character, and design of the surrounding properties; -n that the commercial center has been designed on a vacant building pad intended for a development of this scale and is consistent with the architecture of other shopping centers in the area. D. The proposed use, with tower elements over thirty -five feet (35') in height, will not be obnoxious or harmful, or impair the utility of the neighboring properties or uses, in that the project design is consistent with other commercial projects approved in the city. E. The proposed use, (351) in height, health, safety, commercial center that is relatively freeway. with tower elements over thirty -five feet will not be detrimental to the public convenience, or welfare, in that the is proposed on an existing building pad isolated on the east side of the SR -23 SECTION 4. APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT: The City Council approves Commercial Planned Development Permit No. 2004 -03 and Conditional Use Permit No. 2005 -04 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. OoCl Resolution No. 2005 -2398 Page 4 SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 5th day of October, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A - Special and Standard Conditions of Approval for Commercial Planned Development Permit No. 2004 -03 and Conditional Use Permit No. 2005 -04 0E�G �. Resolution No. 2005 -2398 Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2004 -03 SPECIAL CONDITIONS 1. The applicant shall work with the City, SDI and Caltrans to provide enhanced landscaping on adjacent slopes to the west and south of the project site within the Caltrans SR -23 right -of -way and along New Los Angeles Avenue. Prior to the issuance of a building permit, a landscape plan shall be provided to the satisfaction of the Community Development Director that provides landscaping in this area that is compatible with site landscaping. The landscape plan shall also make provisions for the location for a City entry sign. A landscape maintenance plan shall be included as part of this plan. 2. Landscaping, earthen berms, and /or retaining walls shall be provided along the north and west property line to screen public views of trucks in the loading area from the SR -23 freeway, as well as from areas to the north of the project site to the satisfaction of the Community Development Director. The applicant shall incorporate native landscaping so as to provide a transition from the native to the introduced landscaping to the satisfaction of the Community Development Director. 3. Prior to the occupancy of the first commercial space, the applicant shall form an Assessment District [herein "Back - Up District "] to fund future City costs, should they occur, for the maintenance of parkway, slope, freeway frontage landscaping, landscaping around the City entrance sign, and /or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back -Up District is formed, it shall be the invent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall JL `.� ♦J Resolution No. 2005 -2398 Page 6 be charged to the Fund established for such district revenues and expenses. The aforementioned backup district shall include an irrevocable access easement given to the City. 4. Prior to the occupancy of the first commercial space, the applicant shall install a sidewalk along the north side of White Sage Road from the project parking lot entrance to the SR -23 northbound off -ramp at New Los Angeles Avenue, and a crosswalk across White Sage Road at the SR -23 northbound off -ramp. The sidewalk shall be of a width and design to the satisfaction of the Community Development Director and City Engineer, and if necessary, Caltrans. 5. No pylon signs shall be permitted on this site. STANDARD CONDITIONS A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement /Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 2. This planned development permit shall expire one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his /her discretion, grant up to two (2) additional one -year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. Resolution No. 2005 -2398 Page 7 3. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and /or plans. 4. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 5. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this project are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance. 6. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall cease in the immediate area and the find shall be left untouched. The applicant shall assure the preservation of the site and immediately contact the Community Development Director informing the Director of the find. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected shall be approved by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 7. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold r Resolution No. 2005 -2398 Page 8 harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. 8. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 10. Entitlement Processing: Prior to the issuance of any Zoning Clearance, entitlement, building permit, grading permit, or advanced grading permit the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment shall be made within sixty (60) calendar days of approval of this entitlement. 11. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 12. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant OCi :� Resolution No. 2005 -2398 Page 9 shall submit to the Community Development Department, capital improvement, development, and processing fees at the current rate in effect. Said fees include, but are not limited to building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 13. Parks: Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department Park and Recreation Fees of $0.50 per square foot of building area. 14. Tree and Landscape: Prior to or concurrently with the issuance of a building permit the Tree and Landscape Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. 15. Fire Protection Facilities: Prior to or concurrently with the issuance of a building permit, current Fire Protection Facilities Fees shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 16. Library Facilities: Prior to or concurrently with the issuance of a building permit the Library Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 17. Police Facilities: Prior to or concurrently with the issuance of a building permit the Police Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 18. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the established Moorpark Traffic Systems Management (TSM) Fee Of $66,000.00 for the approved development consistent with Resolution No. 2005 -2398 Page 10 Section 6.9 of the Development Agreement and adopted City policy for calculating such fee. 19. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair -share contribution for intersection improvements relating to the project. The level of fair -share participation will be to the satisfaction of the City Engineer based on the traffic report prepared for the project and the extent of the impact to these intersections. 20. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential projects, or by use for commercial and industrial projects, based upon the effective date of approval of the entitlement. Commencing on the first of the year of this approval, and annually thereafter, the fee ($22,838.00 per acre) shall be increased to reflect the change in the Caltrans Highway Bid Price for the twelve (12) month period available on December 31 of the preceding year ( "annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. 21. Area of Contribution: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area in which the project is located. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 22. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a building permit, whichever occurs first the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 23. Schools: Prior to issuance of building permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a Resolution No. 2005 -2398 Page 11 building permit have been paid to the Moorpark Unified School District. 24. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall contribute to the Art in Public Places Fund in the amount of $0.10 per each square foot of building area, to be submitted to the Community Development Department. If the applicant is required to provide a public art project on or off -site in lieu of contributing to the Art in Public Places Fund the art work shall have a value corresponding to or greater than the contribution, and shall be constructed prior to Final Occupancy of the first building. All art shall require approval by the Arts Committee prior to construction. 25. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and the Building and Safety Division the City's electronic image conversion fee for entitlement /condition compliance documents; Final Map/ engineering improvement plans /permit documents; and building plans /permit documents, respectively. 26. Fish and Game: Within two (2) business days after the City Council adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark two separate checks for Negative Declaration or Environmental Impact Report, and Administrative Fee, both made payable to the County of Ventura, in compliance with Assembly Bill 3158 for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 27. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department citywide Storm Drain Discharge Maintenance Fee. The fee shall be paid in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. .ter, 0e Resolution No. 2005 -2398 Page 12 B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 28. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide comprehensive on -site sign arrangement and design consistent with the commercial /industrial center architecture and the City's Sign Ordinance requirements. 29. For all flat roofed portions of buildings, a minimum eighteen -inch (18 ") parapet wall above the highest point of the flat roof shall be provided on all sides. 30. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. 31. Exterior downspouts shall not be permitted unless designed as an integral part of the overall architecture and approved by the city as part of the planned development permit. 32. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened from view on all four sides and painted to match the roof. All screening shall be maintained for the life of the permit. 33. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request the submittal of a noise study for review and approval. The noise study would need to show that the current project attenuates all on -site noise generation sources to the required level or provide recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. �� Resolution No. 2005 -2398 Page 13 34. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, shall be architecturally screened from view with masonry wall and /or landscaping as determined by the Community Development Director. 35. A utility room with common access to house all meters and the roof access ladder shall be provided unless an alternative is approved by the Community Development Director. 36. No exterior access ladders of any kind to the roof shall be permitted. 3�. Parking areas shall be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 38. Prior to any re- striping of the parking area a Zoning Clearance shall be required. All disabled parking spaces and paths of travel shall be re- striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. 39. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 40. The Building Plans shall be in substantial conformance to the plans approved under this entitlement and shall specifically reflect the following: a. Transformer and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1) shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. Resolution No. 2005 -2398 Page 14 C. Required loading areas with 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle and as required by the Community Development Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. d. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. e. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. f. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins shall use impermeable pavement, be designed to have a cover and so that no other area drains into it, The trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director, City Engineer and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas shall be connected to the sewer system, and are subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. 41. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordance with the requirements of the local Postmaster. 42. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) shall only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director shall be consistent with the () 0 C.;IL°"..` Resolution No. 2005 -2398 Page 15 approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. 43. When required by Title 15 of the Moorpark Municipal Code, rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer. OPERATIONAL REQUIREMENTS 44. Loading and unloading operations are allowed only between the hours of 6:00 a.m. and 10:00 p.m. unless additional hours are approved by the City Council. 45. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 46. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he /she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Modification to the entitlement. 47. The applicant agrees not to protest the formation of an underground Utility Assessment District. 48. The continued maintenance of the subject site and facilities shall be subject to periodic inspection by the City. The Applicant and his /her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days from written notification. 49. No noxious odors shall be generated from any use on the subject site. 50. The applicant and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. Should continued compliance with these Conditions of Approval not be met the Community Development Director may declare the project to be out of compliance, or the Director may declare, for some other 4 �/ Resolution No. 2005 -2398 Page 16 just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by the Vehicle Code. 51. Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. 52. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 53. The building manager or designee shall be required to conduct a routine on -site waste management education program to educating and alerting employees and /or residents to any new developments or requirements for solid waste management. This condition shall be coordinated through the City's Solid Waste Management staff. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 54. Prior to the issuance of a Zoning Clearance for building permits the applicant shall submit to the Community Development Director for review and approval, with the QC"A'�� Resolution No. 2005 -2398 Page 17 required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls shall be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan shall maintain proper vehicle sight distances subject to the review of the City Engineer, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 55. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, shall be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, shall be in conformance with the Moorpark Municipal Code. 56. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping constructed as a requirement of the project, whether said parkway landscaping is within the street right -of -way or outside of the street right -of -way. Any parkway landscaping outside of the street right -of -way shall be within a landscape easement. 57. All required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 58. Tree pruning, consisting of trimming to limit the height and /or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited and will be considered a violation of the Conditions of Approval. 59. When available, use of reclaimed water shall be required for landscape areas subject to the approval of the Resolution No. 2005 -2398 Page 18 Community Development Director, the City Engineer and Ventura County Waterworks District No. 1. 60. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the Community Development Director and City Engineer for review and approval prior to the issuance of a building permit. 61. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 62. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot boundaries shall be in place, unless an alternative installation is approved by the Community Development Director. C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 63. Grading, drainage and improvement plans and supporting reports and calculations shall be prepared in conformance with the "Land Development Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by BNI (except for signs, traffic signals and appurtenances thereto; for signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation); "Engineering Policies and Standards" of the City of Moorpark, "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed Resolution No. 2005 -2398 Page 19 above, the criteria that provide the higher lever of quality and safety shall prevail. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project shall be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer. 64. The applicant and /or property owner shall provide verification to the City Engineer that all on -site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning depending upon site and weather conditions. 65. All paved surfaces; including, but not limited to, the parking area and aisles, drive - through lanes, on -site walkways shall be maintained free of litter /debris. Walkways, parking areas and aisles and drive - through lanes shall be swept, washed or vacuumed regularly. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 66. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans MylarO sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. (Water and Sewer improvements plans shall be submitted to Ventura County Waterworks District No. 1 for approval.) 67. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer. 68. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and particulate matter (aerosols /dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. Resolution No. 2005 -2398 Page 20 69. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 70. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 71. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 72. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map the applicant shall post sufficient surety, in a form acceptable to the City Engineer, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non -point water discharges, landscaping, fencing, and bridges. Grading and improvements shall be designed, bonded and constructed as a single project. 73. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map, whichever occurs first, the applicant shall provide written proof to the City Engineer that any and all wells that may exist or have existed within the project have been properly sealed or have been destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. PUBLIC AND PRIVATE STREETS 74. Prior to construction of any public improvement the applicant shall submit to the City Engineer, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. A Resolution No. 2005 -2398 Page 21 75. Prior to issuance of the first building permit all existing and proposed utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. DRAINAGE AND HYDROLOGY 76. For a 10 -year frequency storm, local, residential and private streets shall be designed to have one dry travel lane available on interior residential streets. Collector streets shall be designed to have a minimum of one dry travel lane in each direction. 77. Drainage and improvement plans shall be designed so that after - development, drainage to adjacent parcels would not be increased above pre- development drainage quantities for any stormwater model between and including the 10 -year and 100 -year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project shall be in type, kind and nature of predevelopment flows unless the affected upstream and /or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows shall be provided to the satisfaction of the City Engineer. The applicant shall make any on -site and downstream improvements, required by the City, to support the proposed development. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 78. The applicant shall submit to the City Engineer a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002. The Plans shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended Best Management Practice (BMP) to effectively prohibit the entry of pollutants from the construction site into the storm drain system streets and water courses. The Plans shall be implemented as part of the grading, improvements and development of the project. 79. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Resolution No. 2005 -2398 Page 22 Board, Stormwater Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of permit application. The improvement plans and grading plans shall contain the WDID number for the project. 80. Prior to the starting of grading or any ground disturbance the applicant shall identify a qualified superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40<, or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practice. The NPDES superintendent shall provide proof of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practice. In addition, an NPDES superintendent shall be designated to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. MAINTENANCE 81. Unless otherwise stipulated in the Special Conditions of Approval, any median landscaping constructed by the project shall be maintained by the City. An Assessment District shall be formed to fund the City maintenance costs for any such median landscaping. 82. Unless otherwise stipulated in the Special Conditions of Approval, parkway landscaping shall be maintained by a Home Owners' Association, a Property Owners' Association or by the property owner [collectively herein "Private Responsible Party "] . In such case, any required landscape easements, shall be conveyed to the Private Responsible Party. 83. Unless otherwise stipulated in the Special Conditions of Approval, all required on -site drainage improvements and /or stormwater quality [NPDES] features or facilities shall be maintained by the Private Responsible Party. Resolution No. 2005 -2398 Page 23 84. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping and /or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscaping and /or drainage improvements shall be conveyed to the City in easements for such purposes. 85. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 86. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back - Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 87. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the applicant shall be required to undertake and complete the following: a. At least one - hundred - twenty (120) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first: Q�� 1: `'. Resolution No. 2005 -2398 Page 24 i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas "] to be maintained by the Assessment District (including a required Back -Up District), along with any required plan checking fees; ii. submit a check in the amount of $5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.j; b. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and NPDES Drainage Improvements); C. Prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit `A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City.] D. Please contact the BUILDING DIVISION for compliance with the following conditions: 88. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter" for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 89. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. Ol'''1r1� Resolution No. 2005 -2398 Page 25 90. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 91. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. Once combustible construction starts a minimum twenty -foot (20') clear width access road /driveway shall remain free of obstruction during any construction activities within the development. All access roads /driveways shall have a minimum vertical clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning radius of forty feet (40'). 92. Approved turnaround areas provided when dead -end Fire exceed 150 -feet. Turnaround percent cross slope in any within one - hundred -fifty fE access road /driveway. for fire apparatus shall be District access roads /driveways areas shall not exceed a five direction and shall be located yet (150') of the end of the 93. The access road /driveway shall be extended to within one - hundred -fifty feet (150') of all portions of the exterior wall of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 94. When only one (1) access point is provided, the maximum length shall not exceed eight- hundred feet (800'). 95. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. V C Resolution No. 2005 -2398 Page 26 96. Approved walkways shall be provided from all building openings to the public way or Fire District access road /driveway. 97. Structures exceeding three stories or forty- eight -feet (48') in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy -five- feet (75') in height shall be subject to Fire District high rise building requirements. 98. Structures greater than 5,000 square feet and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 99. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. DEVELOPMENT REQUIREMENTS 100. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 101. Minimum six -inch (6 ") high address numbers shall be installed prior to occupancy, shall be contrasting color to the background, and shall be readily visible at night Brass or gold plated number shall not be used. Where structures are set back more that one - hundred -fifty feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. in the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 102. Prior to combustible construction, fire hydrants shall be installed to the minimum standards of the City of Moorpark and the Fire District, and shall be in service. 103. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. if the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. Resolution No. 2005 -2398 Page 27 104. Prior to the issuance of a building permit, building plans for all A, E, H, I, R -1 and R -2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. Prior to issuance of a building permit the applicant shall submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. 105. Prior to occupancy the fire lanes shall be posted "NO PARKING FIRE LANE TOW- AWAY" in accordance with California Vehicle Code and the Fire District. 106. Prior to or concurrently with the issuance of a building permit the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three - hundred feet (300') of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrants) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 107. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one - hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 108. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code. 109. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 110. Prior to the issuance of a building permit the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 0 V6 =1�_' Resolution No. 2005 -2398 Page 28 111. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 112. Prior to framing the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 113. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 114. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C . Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 115. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the Ventura County Waterworks District No. 1. H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 116. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. 0 C° 1 »�, Resolution No. 2005 -2398 Page 29 I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 117. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. SPECIAL CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2005 -04 1. The project shall be developed in substantial conformance with the plans approved for Conditional Use Permit No. 2005 -04. The tower elements shall not exceed forty feet (40') in height from the adjacent ground to the plate line of the roof structure. - END - ORDINANCE NO. 322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND NLA 118, L.L.C. (WAREHOUSE DISCOUNT CENTER) WHEREAS, the Planning Commission of the City of Moorpark on September 27, 2005, did adopt Resolution No. PC- 2005 -489 recommending to the City Council approval of Development Agreement No. 2004 -02, by and between the City of Moorpark and NLA 118, L.L.C. (Warehouse Discount Center); and WHEREAS, at a duly noticed hearing on October 5, 2005, the City Council considered Development Agreement No. 2004 -02; and WHEREAS, the Environmental Impact Report prepared for the Special Devices Incorporated project (SCH No. 1995071057) has adequately analyzed all potential impacts of the project proposed under Development Agreement No. 2004 -02; and WHEREAS,. the City Council, after review and consideration of the information contained in the City Council staff reports and public testimony, has made a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby find that Development Agreement No. 2004 -02 is consistent with the General Plan as amended by General Plan Amendment No. 2004 -04, and no Specific Plans are applicable to the property covered by the Development Agreement. SECTION 2. The City Council hereby adopts Development Agreement No. 2004 -02 (attached hereto) between the City of Moorpark, a municipal corporation, and NLA 118, L.L.C. (Warehouse Discount Center); and the City Clerk is hereby directed to cause one copy of the signed, adopted agreement to be recorded with the County Recorder no later than ten (10) days after the City enters into the development agreement pursuant to the requirements of Government Code Section 65868.5. SECTION 3. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of PC ATTACHMENT 4 Ordinance No. 322 Page 2 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute order of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 19th day of October, 2005. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk ATTACHMENT: Development Agreement No. 2004 -02 Q", 4 .1�') Ordinance No. 322 Page 3 Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND NLA 118, L.L.C. (WAREHOUSE DISCOUNT CENTER) ATTACHMENT 0VC'IL THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into on, by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and, the owner of real property within the City of Moorpark generally referred to as Commercial Planned Development 2004 -03, Lot 1 of Tract 5004 (referred to hereinafter individually as "Developer "). City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements contained in this Agreement, City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 1.1. Pursuant to Government Code Section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within its boundaries for the development of such property in order to establish certainty in the development process. 1.2. Prior to approval of this Agreement the City Council of City ( "the City Council ") approved General Plan Amendment No. 2004 -04 ( "GPA 2004 -04 "), for approximately 8.15 acres of land within the City ( "the Property "), as more specifically described in Exhibit "A" attached hereto and incorporated herein. 1.3. Conditional Use Permit 2005 -04 (CUP 2005 -04) and Commercial Planned Development Permit No. 2004 -03 (CPD 2004 -03) [collectively "the Project Approvals "; individually "a Project Approval "] provides for the development of the Property and the construction of certain off -site improvements in connection therewith ( "the Project "). 0C,c Ir `, Ordinance No. 322 Page 5 1.4. By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1.5. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. Developer anticipates developing the Property over a maximum of two (2) years. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and conditions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1.6. City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City, as amended by GPA 2004 -04. 1.7 City and Developer acknowledge and agree that the provisions of the Development Agreement adopted through Ordinance 220 for the Special Devices, Incorporated project will continue to be met, unless modified by this Agreement as long as the Development Agreement adopted by Ordinance remains in effect. 1.8. On September 27, 2005, the Planning Commission of City commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing recommended approval of the Agreement. 1.9. On, October 5, 2005 the City Council commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing on October 5, 2005 00C' IL _ Ordinance No. 322 Page 6 approved the Agreement by Ordinance No. 322 ( "the Enabling Ordinance "). 2. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site" or "the Project ". 3. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto, except that the term "Developer" shall not include the purchaser or transferee of any lot within the Project that has been fully developed in accordance with the Project Approvals and this Agreement. 3.1. Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which a Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 3.2. Release Upon Transfer. Upon the sale or transfer of any of Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the operative date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, delivered to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a Ordinance No. 322 Page 7 written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. 4. Development of the Property. The following provisions shall govern the development and use of the Property. 4.1. Permitted Uses. The permitted and conditionally permitted uses of the Property shall be limited to those that are allowed by the Project Approvals and this Agreement. 4.2. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 4.3. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (co- lectively "the Building Codes "). 4.4. Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. 0()a, III_­:."' Ordinance No. 322 Page 8 5. Vesting of Development Rights. 5.1. Timing of Development. In Pardee Construction Co. V. City of Camarillo, 37 Ca1.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later- adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. In furtherance of the Parties intent, as set forth in this subsection, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to .the Property provided the Property is developed in accordance with the Project Approvals and this Agreement. Nothing in this subsection shall be construed to limit City's right to insure that Developer timely provides all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement. 5.2. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. 5.3. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps (e.g. tentative, vesting tentative, parcel, vesting Ordinance No. 322 Page 9 parcel, and final maps), subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or desirable for the development of the Project (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include building permits. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: (a) change any permitted or conditionally permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the number of proposed buildings or other improvements from what is allowed by the Project Approvals. (c) limit or control the rate, timing, phasing or sequencing of the approval, development or construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Ordinance No. 322 Page 10 Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; (f) prohibit or regulate development on slopes with grades greater than 20 percent, including without limitation Moorpark Municipal Code Chapter 17.38 or any successor thereto, within the Property; or (g) modify the land use from what is permitted by the City's General Plan Land Use Element at the operative date of this Agreement or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 5.4. Term of Subsequent Approvals. The term of any tentative map for the Property, or any portion thereof, shall expire ten (10) years after its approval or conditional approval or upon the expiration or earlier termination of this Agreement, whichever occurs first, notwithstanding the provisions of Government Code Section 66452.6(a) or the fact that the final map may be filed in phases. Developer hereby waives any right that it may have under the Subdivision Map Act, Government Code Section 66410 et seq., or any successor thereto, to apply for an extension of the time at which the tentative map expires pursuant to this subsection. No portion of the Property for which a final map or parcel map has been recorded shall be reverted to acreage at the initiative of City during the term of this Agreement. The term of any Subsequent Approval, except a tentative map or subdivision improvement or other agreements relating to the Project, shall be one year; provided that the term may be extended by the Or Ordinance No. 322 Page 11 decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with City's Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developer that certain. Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, any Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. 5.5. Modification Of Approvals. Throughout the term of this Agreement, Developer shall have the right, at its election and without risk to or waiver of any right that is vested in it pursuant to this section, to apply to City for modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. 5.6. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from Developer if all infrastructure required by the Project Approvals, Subsequent Approvals, and this Agreement to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. Consistent with subsection 5.1 of this () (ad-IC...`. Ordinance No. 322 Page 12 Agreement, in no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5.7. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6. Developer Agreements. 6.1. Developer shall comply with (i) this Agreement, (ii) the Project Approvals, (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant and (iv) the MMRP of the previously certified EIR for the Special Devices Incorporated project and any subsequent or supplemental environmental actions. 6.2. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.3. As a condition of t] for each commercial boundaries of the City a development "Development Fee ") expended by City ze issuance of a building permit or institutional use within the Property, Developer shall pay fee as described herein (the The Development Fee may be in its sole and unfettered 0C,4__1C,�; Ordinance No. 322 Page 13 discretion. On the operative date of this Agreement, the amount of the Development Fee shall be Forty Thousand Twenty -Eight Dollars ($40,028.00) per gross acre of commercial or institutional land on which the commercial or institutional use is located. The fee shall be adjusted annually commencing one (1) year after the first building permit is issued within CPD 2004 -03 by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the first building permit is issued within CPD 2004 -03 (e.g., if the permit issuance occurs in October, then the month of June is used to calculate the increase). In the event there is a decrease in the referenced Index for any annual indexing, the Development Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.4. As a condition of the issuance of a building permit for each commercial or institutional use within the boundaries of the Property, Developer shall pay City a traffic mitigation fee as described herein ( "Citywide Traffic Fee "). The Citywide Traffic Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Citywide Traffic Fee shall be Twenty -Two Thousand, Eight Hundred Thirty - Eight Dollars ($22,838.00) per acre of commercial or institutional land on which the commercial or institutional use is located. Commencing on January 1, 2006, and annually thereafter, the contribution amount shall be increased to reflect the change in the Caltrans Highway Bid Price Index for Selected California Construction Items for the twelve (12) month period available on December 31 of the preceding year ( "annual indexing ") . In the O V A C-'_� Ordinance No. 322 Page 14 event there is a decrease in the referenced Index for any annual indexing, the current amount of the fee shall remain until such time as the next subsequent annual indexing which results in an increase. In the event the Caltrans Highway Bid Price Index is discontinued or revised, such successor index with which it is replaced shall be used in order to obtain substantially the same result as would otherwise have been obtained if the index had not been discontinued or revised. 6.5. On the operative date of this Agreement, Developer shall pay all outstanding City processing costs related to preparation of this Agreement and Project Approvals. 6.6. Prior to the issuance of the building permit for each commercial or institutional building within the Property, Developer shall pay a fee for acquisition of parkland and related improvements (Park Fee) . On the operative date of this Agreement, the amount of the Park Fee shall be Fifty Cents ($.50) per square foot of each building used for commercial or institutional purposes within the Property. The fee shall be adjusted annually commencing one (1) year after the first commercial or institutional building permit is issued within CPD 2004 -03 by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month which is four (4) months prior to the month in which the first commercial or institutional building permit is issued within CPD 2004 -03 (e.g., if the permit issuance occurs in October, then the month of June is used to calculate the increase) . In the event there is a decrease in the referenced Index for any annual 000 -, . �• Ordinance No. 322 Page 15 indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.7. Developer agrees, after approval of landscaping and irrigation plans by the City, at its sole cost and expense, to landscape and maintain those areas under the freeway bridge along the north and south sides of New Los Angeles Avenue; the area on the north side of New Los Angeles Avenue along the entire reach of the Caltrans right -of -way, and the Caltrans right -of -way along the southern boundary of the site. Said landscaping shall be installed prior to the occupancy of the first commercial or institutional building and to be designed and installed to the satisfaction of the Community Development Director and the City Engineer. If approved by Caltrans, the developer shall remove the existing chainlink fencing at the top of the slope and install a six foot (6') high decorative tubular steel fence with block pilasters. Developer agrees to landscape and maintain, at its sole cost and expense, the Caltrans right -of -way along the southern boundary of the site. If approved by Caltrans the developer shall remove the existing chainlink fencing and install a six (6) foot high decorative tubular steel fence with block pilasters at the top of the slope. 6.8. Developer warrants that the total gross taxable sales in the first year of operation will be Seven Million Dollars ($7,000,000.00) per annum, in the second year of operation the total gross taxable sales will be Eight Million Dollars ($8,000,000.00), in the third year of operation the total gross taxable sales will be Nine Million Dollars ($9,000,000.00), in the fourth, fifth, sixth, seventh, eighth, ninth and tenth year of operation the total gross taxable sales will be Ter. Million Dollars ($10,000,000.00) for each year. The first year shall start twelve (12) months after the date of initial occupancy of Warehouse Discount Center, including conditional occupancy, which Ordinance No. 322 Page 16 allows for the operation of Warehouse Discount Center. For example if initial occupancy occurs on February 1, 2006 the first year shall start on February 1, 2007. If the date of initial occupancy does not start on the first day of a calendar month, then for purposes of this section, the first month of the twelve (12) month period shall be on the first day of the following month. For example, if initial occupancy occurs on February 3, 2007, the start date of the monthly fee calculation shall be March 1, 2007. Should the annual total gross taxable sales from the Warehouse Discount Center not reach the annual amount for any year in the first ten years of operation the Developer shall pay the City the difference in total gross taxable sales times 0.0075 (e.g., if the gross receipts in the first year are $6,000,000.00 instead of $7,000,000.00 then Developer would pay City $7,500.00 ($1,000,000.00 x .0075) . This fee shall be paid for each year that the total gross taxable sales are not met. The fee shall be paid monthly in twelve (12) equal installments in the year following the shortfall. This fee may be expended by the City in its sole and unfettered discretion. If in any year the gross taxable sales exceeds the established annual amount the Developer will be given a credit against future annual gross taxable sales, on a dollar for dollar basis until such credit amount is used to offset a shortfall in any subsequent year. 6.9. Developer agrees to pay to City an air quality mitigation fee, as described herein (Air Quality Fee) of Sixty Six Thousand Dollars ($66,000.00), in satisfaction of the Transportation Demand Management Fund mitigation requirement For the Project. The Air Quality Fee may be expended by City in its sole discretion for reduction of regional air pollution emissions and to mitigate residual Project air quality impacts. CI 00LI-2 Ordinance No. 322 Page 17 At the time the Fee is due, City may at its sole discretion require Developer to purchase equipment, vehicles, or other items, contract and pay for services, or make improvements for which Developer shall receive equivalent credit against Air Quality Fee payments or refund of previous payments. The fee shall be paid prior to the occupancy of the first building. Commencing on January 1, 2006, and annually thereafter the Air Quality Fee shall be adjusted by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Anaheim /Riverside metropolitan area during the prior year. The calculation shall be made using the month of December over the prior month of December. In the event there is a decrease in the CPI for any annual indexing, the fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6.10. Developer shall provide an easement to the City for a City Welcome Sign on the Project site at a location satisfactory to the Community Development Director. The easement shall provide for the location and maintenance of the sign. Developer agrees to pay $25,000 to the City for the construction and erection of the sign. The funds may be expended by City in its sole and unfettered discretion. The fee shall be paid prior to occupancy of the first commercial or institutional building. Developer agrees that design of the sign, including the lighting, shall be at the City's sole discretion. 6.11. Developer agrees to cast affirmative ballots for the formation of one or more assessment districts and levying of assessments, for the maintenance of parkway and median landscaping, street lighting, including but not limited to all water and electricity costs, and if requested by the City Ordinance No. 322 Page 18 Council, parks for the provision of special benefits conferred by same upon properties within the Project. Developer further agrees to form one or more property owner associations and to obligate said associations to provide for maintenance of parkway and median landscaping, street lighting, and if requested by the City Council, parks in the event the aforementioned assessment district is dissolved or altered in any way or assessments are reduced or limited in any way by a ballot election of property owners, or if the assessment district is invalidated by court action. Prior to occupancy of the first building for the Property, if required by City at its sole discretion, Developer shall also form one or more property owner associations to assume ownership and maintenance of open space land, trails, storm water detention and /or debris basins and related drainage facilities, landscaping (including landscaping within Caltrans rights -of- way), and other amenities, and to comply with tre National Pollutant Discharge Elimination System (NPDES) requirements of the Project. The obligation of said property owner association shall be more specifically defined in the conditions of approval of Commercial Planned Development 2004 -03. 6.12. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Said fees include but are not limited to Library Facilities Fees, Police Facilities Fees, Fire Facilities Fees, drainage, entitlement processing fees, and plan check and permit fees for buildings and public improvements. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. Ordinance No. 322 Page 19 6.13. Developer shall pay the Los Angeles Avenue Area of Contribution (AOC) fee for each commercial and institutional use prior to the issuance of a building permit for each use. The AOC fee shall be the dollar amount in effect at the time of issuance of the building permit for each commercial or institutional use. 6.14. Developer agrees that any fees and payments pursuant to this Agreement shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. Developer further agrees that the fees it has agreed to pay pursuant to subsections 6.3 and 6.6 of this Agreement are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory or supplementary thereto and that for purposes of Government Code Section 65865(e) and statutes amendatory or supplementary thereto. 6.15. Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provisions amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the previously certified EIR for the SDI project and approved MMRP. 6.16. Developer agrees that any election, to acquire property by eminent domain shall be at City's sole discretion, and only after compliance with all legally required procedures including but not limited to a hearing on a proposed resolution of necessity. 7. Citv Agreements. 7.1. City shall commit reasonable time and resources of City staff to work with Developer on the expedited and parallel processing of applications for Subsequent Approvals for the Project area and shall 00 1 '; Ordinance No. 322 Page 20 use overtime and independent contractors whenever possible. Developer shall assume any risk related to, and shall pay the additional costs incurred by City for, the expedited and parallel processing. 7.2. If requested in writing by Developer and limited to City's legal authority, City at its sole discretion shall proceed to acquire, at Developer's sole cost and expense, easements or fee title to land in which Developer does not have title or interest in order to allow construction of public improvements required of Developer including any land which is outside City's legal boundaries. The process shall generally follow Government Code Section 66462.5 et seq. and shall include the obligation of Developer to enter into an agreement with City, guaranteed by cash deposits and other security as the City may require, to pay all City costs including but not limited to, acquisition of the interest, attorney fees, appraisal fees, engineering fees, City staff costs, and City overhead expenses of fifteen. percent (150) on all out -of- pocket costs. 7.3. The City Manager is authorized to sign an early grading agreement on behalf of City to allow rough grading of the Project prior to completion of all condition compliance requirements. Said early grading agreement shall be consistent with the conditions of approval for CPD 2004 -03 and contingent on City Engineer and Director of Community Development acceptance of a Performance Bond in a form and amount satisfactory to them to guarantee implementation of the erosion control plan and completion of the rough grading and construction of on -site and off -site improvements. In the case of failure to comply with the terms and conditions of the early grading agreement, the City Council may by resolution declare the surety forfeited. 7.4. City agrees that whenever possible as determined by City in its sole discretion to process concurrently all land use entitlements for the same property so long as said entitlements are deemed complete. Ordinance No. 322 Page 21 7.5. City shall facilitate the reimbursement to Developer of any costs incurred by Developer that may be subject to partial reimbursement from other developers as a condition of approval of a development permit or development agreement with one or more other developers. 8. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 9. Demonstration of Good Faith Compliance. In order to ascertain compliance by Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code Chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of Developer hereunder or render this Agreement invalid or void. At the same time as the referenced annual review, City shall also review Developer's compliance with the MMRP. 10. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay ", as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of City to Ordinance No. 322 Page 22 provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (g) delay caused by a restriction imposed or mandated by a governme,Ztal entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. 11. Default Provisions. 11.1. Default by Developer. The Developer shall be deemed to have breached this Agreement if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (b) fails to make any payments required under this Agreement; or (c) materially breaches any of the provisions of the Agreement. 11.2. Default by City. City shall be deemed in breach of this Agreement if it materially breaches any of the provisions of the Agreement. 11.3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this subsection of the Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. Every notice shall include a period to cure, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, Ordinance No. 322 Page 23 provided if the defaulting party cannot reasonably cure the breach within the time set forth in the notice such party must commence to cure the breach within such time limit and diligently effect such cure thereafter. The notice shall be deemed given on the date that it is personally delivered or on the date that it is deposited in the United States mail, in accordance with Section 20 hereof. 11.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun.. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. Prior to pursuing the remedies set forth herein, notice and an opportunity to cure shall be provided pursuant to subsection 11.3 herein. The remedies for breach of the Agreement by City shall be injunctive relief and /or specific performance. The remedies for breach of the Agreement by Developer shall be injunctive relief and /or specific performance. In addition, if the breach is of subsections 6.8, 6.9, 6.10, 6.11, 6.12, 6.14, 6.15, or subsection 6.16 of this Agreement, City shall have the right to withhold the issuance of building permits to Developer throughout the Project from the date that the notice of violation was given pursuant to subsection 11.3 hereof until the date that the breach is cured as provided ir, . the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against any Developer who violates any City ordinance or state statute. Off' °a.IL Ordinance No. 322 Page 24 12. Mortgage Protection. At the same time that City gives notice to Developer of a breach, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ( "Financier "), provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 13. Estoppel Certificate. At any time and from time to time, Developer may deliver written notice to City and City may deliver written notice to Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the Ordinance No. 322 Page 25 certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the affected Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 15. Amendment or Termination by M accordance with the provisions of Moorpark Municipal Code of City or then in effect, this Agreement terminated, in whole or in part, City and the affected Developer. utual Consent. In Chapter 15.40 of the any successor thereof may be amended or by mutual consent of 15.1 Exemption for Amendments of Project Approvals. No amendment to a Project Approval shall require an amendment to this Agreement and any such amendment shall be deemed to be incorporated into this Agreement at the time that the amendment becomes effective, provided that the amendment is consistent with this Agreement. 16. Indemnification. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, Developer's performance pursuant to this Agreement. Ordinance No. 322 Page 26 Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any action or proceeding to attack, review, set aside, void or annul this Agreement, or any provision thereof, or any Project Approval or Subsequent Approval or modifications thereto, or any other subsequent entitlements for the project and including any related environmental approval. 17. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 19. Term. This Agreement shall remain in full force and effect for a term of twenty (20) years commencing on its operative date or until twelve (12) years after the initial certificate of occupancy has been issued on the Warehouse Discount Center building, whichever occurs last, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. 20. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "B" attached hereto and incorporated herein. Ordinance No. 322 Page 27 Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 21. Entire Agreement. This Agreement and those exhibits and documents referenced herein contain the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 22. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 23. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 24. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Parties in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. Ordinance No. 322 Page 28 26. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code of City or any successor thereof then in effect. 27. Cooperation Between City and Developer. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 28. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. Should any provision of the Implementation Plan be found to be in conflict with any provision of this Agreement, the provisions of the Implementation Plan shall prevail. 29. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 30. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 31. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees Ordinance No. 322 Page 29 and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. 32. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, , and City of Moorpark have executed this Development Agreement on the date first above written. CITY OF MOORPARK Patrick Hunter Mayor OWNER /DEVELOPER NLA 118, L.L.C. (Warehouse Discount Center) Thomas J. Schlender President Shelley K. Schlender Secretary ADDRESSES OF PARTIES Ordinance No. 322 Page 30 To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: City Manager To Developer: NLA 118, L.L.C. (Warehouse Discount Center) 30621 Canwood Street Agoura Hills, CA 91301 Attn: President 00 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 5532 TO SUBDIVIDE AN 8.12 -ACRE PARCEL ON THE NORTH SIDE OF NEW LOS ANGELES AVENUE /WHITE SAGE ROAD, IMMEDIATELY EAST OF THE SR -23 FREEWAY INTO TWO (2) PARCELS, ON THE APPLICATION OF NLA 118, L.L.C. WHEREAS, at a duly noticed public hearing on November 22, 2005, the Planning Commission considered Tentative Parcel Map No. 5532, on the application of NLA 118, L.L.C., to subdivide an 8.12 -acre parcel on the north side of New Los Angeles Avenue /White Sage Road, immediately east of the SR -23 Freeway, into two parcels of 6.08 acres and 2.04 acres each; and WHEREAS, at its meeting of November 22, 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that the Environmental Impact Report prepared for the Special Devices Incorporated project (SCH No. 1995071057) has adequately analyzed all potential impacts of the project proposed under Tentative Parcel Map No. 5532. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies, the Planning Commission has determined that the Tentative Parcel Map, with imposition of the attached Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map as conditioned, and the design and improvements of the proposed subdivision, are consistent with the City's General Plan, in that the property is planned for general commercial uses and is in a location where retail furniture or appliance stores with attached S: \Com..UC_Ly Development \D_V PM'PS \T P M \5532 (Sc.nlender) \Reso \PC Reso.doc: PC ATTACHMENT 5' A `1 Resolution No. PC -2005- Page 2 distribution /warehouse facilities are permitted, and the resulting lots will have an agreement, covenant, or easement for access, parking, and drainage. B. The site is physically suitable for the type and intensity of development proposed, in that the site has previously been improved to allow for development of a large commercial use with access to both an arterial roadway and freeway. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the site has already been rough graded. D. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that public sanitation services are available to the subject property, and will be required to meet the current City standards. E. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that no public easements exist which will be adversely affected by the subdivision of land on the subject property. F. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq., in that no community sewer system exists or is proposed on the property. G. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that the subject property is separated from the Arroyo Simi to the north and east by an open space lot and railroad right -of -way. SECTION 2. PARCEL MAP APPROVAL: The Planning Commission hereby approves Tentative Parcel Map No. 5532 subject to the Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this Resolution No. PC -2005- Page 3 resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 22nd day of November, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Conditions of Approval 0PCI "� Resolution No. PC -2005- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 5532 1. This approval is for a Tentative Parcel Map only. Any further development of the property will require City review to determine city permits, permit fees, and development fees that will be required. 2. All conditions, restrictions, requirements, and easements associated with the Commercial Planned Development No. 2004 -03, Conditional Use Permit No. 2005 -04, and Development Agreement No. 2004 -02 will continue to apply to both newly created parcels, except as modified by the conditions herein. 3. Within thirty (30) calendar days of approval of this subdivision, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this subdivision. The Affidavit of Agreement /Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. The Final Map shall include the final Conditions of Approval and a reference to the adopted Planning Commission resolution in a format acceptable to the Community Development Director. 4. Approval of this subdivision shall expire one (1) year from the date of its approval unless a Final Map or Parcel Map is recorded or the approval time is extended. The Community Development Director may, at his /her discretion, grant up to two (2) additional 1 -year extensions for Map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by a similar request for time extension of the Planned Development Permit and applicable entitlement processing deposits. 00 :g -� Resolution No. PC -2005- Page 5 5. The Conditions of Approval of this subdivision and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the subdivision approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map. 6. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 7. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition.. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform, any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. 9. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 0VOJL �' Resolution No. PC -2005- Page 6 9. Prior to or concurrently with the approval of the Parcel Map, the applicant shall submit to the City Engineer the City's electronic image conversion fee for the Parcel Map. 10. Prior to approval of the Parcel Map, the applicant shall provide for mutual access and parking easements over Parcels 1 and 2 for mutual ingress and egress and parking lot use to the satisfaction of the Community Development Director and City Engineer. Documents may be separately recorded prior to or concurrently with the final Parcel Map or must be shown on the final Parcel Map. 11. Prior to approval of the Parcel Map, the applicant shall provide for a drainage easement across Parcel 1 to the benefit of Parcel 2 that provides for the right to drain upon Parcel 1 and water that has thus drained over Parcel 1 has right to treatment in the National Pollution Discharge Elimination System (NPDES) facility located on the northerly portion of Parcel 1 to the satisfaction of the Community Development Director and City Engineer. Documents may be separately recorded prior to or concurrently with the final Parcel Map or must be shown on the final Parcel Map. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: 12. The Final Map shall be prepared in accordance with, "Guide for the Preparation of Tract maps, Parcel Maps and Records of Survey /Corner Records" as published by the Public Works Agency of the County of Ventura. The various jurats /notary acknowledgements and certificates shall be modified as appropriate to reflect the jurisdiction of the City and the location of the subdivision within the City. The Final Map shall provide that each lot corner shall be monumented and that each street centerline intersection, tangent point and terminus shall be monumented with Ventura County Road Standard survey monument plate E -4. Street monuments shall be intervisible. The E -4 monument disk stamping shall read, "City of Moorpark" and shall be center punched to show the corner and stamped with the registration or license number of the professional responsible for its location. 13. Concurrently with the submittal of the Final Map the applicant shall submit a current preliminary title report to the City Engineer, which clearly identifies all interested parties, lien holders, lenders and all other parties having any record title interest in the real Resolution No. PC -2005- Page 7 property being subdivided. The preliminary title report shall identify the holders of any easements that affect the subdivision and shall contain the vesting deeds of ownership and easements. Thirty (30) days prior to the submittal of the Final Map Mylar' sheets, the applicant shall provide the City Engineer a subdivision guarantee policy of the property within the Final Map and preliminary title report for each area of easement proposed to be obtained for grading or construction of improvements. 14. Prior to, or concurrently with, the submittal of the Final Map the applicant shall provide written evidence to the City Engineer that a copy of the conditionally approved Tentative Map, together with a copy of Section 66436 of the State Subdivision Map Act, has been transmitted to each public entity or public utility that is an easement holder of record. The applicant shall obtain subordination of senior rights of easement from any such public utility in favor of the City. 1 Prior to Final Map approval and upon submittal of the Final Map MylarO sheets, the applicant shall provide the City Engineer electronic files of the Final Map, complete in every fashion except for signatures, in a format satisfactory to the City Engineer. 16. Upon recordation of the Final Map(s) the applicant shall forward a photographic process copy on 3 -mil polyester film of the recorded Map(s) to the City Engineer. 11. Ail lot -to -lot drainage easements or secondary drainage easements shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey stormwater flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain not maintained by a City Assessment District in conformance with the National Pollution Discharge Elimination System (NPDES) and shall be a durable agreement that is binding upon each future property owner of each lot. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: -8. At least fourteen (14) days prior to recordation of any Maps, including Parcel Map Waivers, the applicant shall 0 P C-1_ -�'o Resolution No. PC -2005- Page 8 submit two (2) copies of the Map to the Fire Prevention Division for review and approval. 19. Within seven (7) days of the recordation of the Final Map(s), an electronic version of the Map shall be provided to the Fire District. 20. Prior to Final Map, the applicant shall provide to the Fire District, written verification from the water purveyor that the water purveyor can provide the required fire flow, as determined by the Fire District. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 21. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. - END - oed 1_ ITEM 9.A. Verbal Report Only ITEM: 9.A. Opt .J MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Prepared Manager DATE: November SUBJECT: Consider BACKGROUND AND DISI ITEM: 9.11. Hogan, Community Development Director by: Laura Stringer, Administrative vices 65 j 10, 2005 (PC Meeting of 11/22/05) Cancellation of the December Meeting '-USSION Staff is recommending the Commission cancel the December 27, 2005, regular meeting. No public hearings are schedule for December 27, and staff anticipates employees to be out of the office during the week of December 26 through December 30, due to the holidays. STAFF RECOMMENDATION Direct staff to post a notice of meeting cancellation for the December 27, 2005, regular meeting. S: \Community DeVe:CUME-nt \ADMIN \COMMISSION \P C ?O:,:CIcS \agenda reports \2C0 \C5 1.127 !ioiiday cancei .doc MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Prepared Manager DATE: November SUBJECT: Consider BACKGROUND ITEM: 9.C. Hogan, Community Development Director By: Laura Stringer, Administrative Services 171 2005 (PC Meeting of 11/22/2005) Regular Meeting Schedule, Time and Place Section 11.1 of Resolution No. PC- 2004 -466 (Rules of Procedure for Commission Meetings and Related Functions and Activities), states that the Planning Commission shall hold regular monthly or bi- monthly meetings as determined by the Commission. As this is the last meeting of 2005, it is appropriate to set the Planning Commission calendar for 2006. Moorpark Municipal Code Section 2.36.100 deems a regular meeting to be one that is set by law, rule of the Planning Commission, or any regularly advertised public hearing. DISCUSSION Planning Commission regular meetings for the past year have been held the fourth (4`h) Tuesday of each month, starting at 7 :00 p.m. with additional special meetings as needed to accommodate heavier work loads, or to address Permit Streamlining Act constraints. Staff recommends that this schedule be maintained through 2006. In addition, staff recommends that the regular meetings for November and December 2006 be cancelled at this time due to potential conflicts with holiday schedules, and that special meetings during those months be held if necessary. A calendar reflecting these recommendations is attached. The calendar also indicates the dates of regularly scheduled City Council meetings for reference. \ \M.or pri_sery \City Share \Community Developr;ent \ADMIN \COMMISSION \P C repor!s\%00 \pc 051:22 :alendar.doc Honorable Planning Commission November 22, 2005 Page No. 2 STAFF RECOMMENDATION Approve 2006 regular meeting schedule of of each month starting at 7:00 p.m. at Council Chambers, 799 Moorpark Avenue, the cancellation of the November and meetings. Attachment: the fourth (4th) Tuesday the Moorpark City Hall Moorpark, CA 93021, and December 2006 regular Recommended Regular Planning Commission Meeting Calendar 00f!I ,.