Loading...
HomeMy WebLinkAboutAG RPTS 2005 0426 PC REG7:00 P.M. Moorpark Communitv Center Resolution No. PC- 2005 -476 7 qq MnnrnA rlr item. Speakers who wish to address the Commission concerning a Public Hearing 000263 Planning Commission Agenda April 26, 2005 Page No. 2 8. PUBLIC HEARINGS: (next Resolution No. 2005 -476) A. Consider Residential 2003 -04, General Plan 2003 -03, and Tentative Single- Family Homes Championship Drive anc the Application of Tol Planned Development Permit No. Amendment 2003 -04, Zone Change Map No. 5463 for Fifty -One (51) on 43.04 Acres North of East of Grimes Canyon Road, on Brothers, Inc. Staff Recommendation: 1) Continue to take public testimony and close the public hearing; and 2) Adopt PC Resolution No. 2005- recommending adoption of a Mitigated Negative Declaration and recommending approval of General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, Tentative Map 5463 and Residential Planned Development 2003 -04. (Continued from March 22, 2005) (Staff: Joseph Fiss) B. Consider Residential Planned Development Permit No. 1994 -01; Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Map No. 5464 for Thirty -six (36) Single- family Residential Homes on 28.69 acres, North of Championship Drive, and West of Walnut Canyon Road, on the Application of Toll Brothers, Inc. Staff Recommendation: 1) Continue to take public testimony and close the public hearing; and 2) Adopt PC Resolution No. 2005- recommending adoption of a Mitigated Negative Declaration and recommending approval of General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Map No. 5464, and Residential Planned Development Permit No. 1994 -01 Modification No. 6. (Continued from March 22, 2005) (Staff: Joseph Fiss) C. Consider Commercial Planned Development No. 2004 -02 to Allow Construction of a 19,539 Square Foot Retail Commercial Shopping Center on Approximately 1.62 Acres on the Southeast Corner Of Los Angeles Avenue And Park Lane on the Application of Kylexa Enterprises, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05 0426 pca.doc Planning Commission Agenda April 26, 2005 Page No. 3 to the City Council conditional approval of Commercial Planned Development Permit No. 2004 -02. (Staff: Joseph Fiss) D. Consider Modification No. 4 to Commercial Planned Development Permit No. 1990 -02, for the Build -Out of Three (3) Existing Pad Areas with 17,324 Sq. Ft. of Commercial /Retail Space and Conditional Use Permit No. 2005 -01 to Allow a 7,724 Square Foot Fitness Center within 100 Feet of Residentially -zoned Property, on an 11.79 -Acre Site at 4279 Tierra Rejada Road, on the Application of Constantino Noval Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending to the City Council conditional approval of Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01. (Contract Planner: Jared Rosengren) E. Consider Industrial Planned Development Permit No. 2005 -01 and Administrative Exception No. 2005 -01 for the Construction of a Single- Story, 9,997 Square -Foot Industrial Building on a 0.58 -acre Lot North of the Terminus of Fitch Avenue, on the Application of Gehricke Architects for Creative Woodworks Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending that the City Council Development Permit No. Community Development Administrative Exception conditions of approval. Rosengren) 9. DISCUSSION ITEMS: approve Industrial Planned 2005 -01 and direct the Director to approve No. 2005 -01 subject to (Contract Planner: Jared 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. April 27, 2005, Joint City Council and Planning Commission meeting, starting at 8:00 p.m. B. May 24, 2005, Regular Planning Commission meeting \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0426 pca.doc Planning Commission Agenda April 26, 2005 Page No. 4 • Commercial Planned Development Permit No. 2004- 03; General Planned Amendment No. 2004 -04 (Warehouse Discount Center) • Conditional Use Permit for Alcohol Sales within CPD No. 2004 -02 (Kylexa) 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). \ \Mor_pri_sery \City Share \Community 0 5 0 Development 0426 pca.doc ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of March 22, 2005 Paae 1 1 The Regular meeting of the Planning Commission was held on March 2 22, 2005, in the City Council Chambers; Moorpark Civic Center; 3 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Vice Chair Peskay called the meeting to order at 7:12 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Landis led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners DiCecco, Landis and Taillon, and Vice -Chair 10 Peskay (Chair Pozza arrived at 7:45 p.m.). 11 Staff attending the meeting included Barry K. Hogan, 12 Community Development Director; David Bobardt, Planning 13 Manager; Joseph Fiss, Principal Planner; Scott Wolfe, 14 Principal Planner; Laura Stringer, Senior Management 15 Analyst; and Gail Rice, Administrative Secretary. 16 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 17 None. 18 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 19 None. 20 6. CONSENT CALENDAR: 21 A. Regular Meeting Minutes of February 22, 2005. 22 MOTION: Commissioner Taillon moved and Commissioner Landis 23 seconded the motion that the Planning Commission Regular 24 Meeting Minutes of February 22, 2005, be approved. 25 (Motion passed with a unanimous 4:0 voice vote. Chair Pozza 26 was absent.) \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0322_pcm.doc 0 ( Planning Commission, City of Moorpark, California Minutes of March 22, 2005 Paae 2 1 7. PUBLIC COMMENTS: 2 None. 3 8. PUBLIC HEARINGS: 4 (next Resolution No. 2005 -472) 5 A. Proposed Development Agreement No. 2003 -01 with Shea 6 Homes, LP pertaining to General Plan Amendment No. 7 2003 -02, Zone Change No. 2003 -02, Vesting Tentative 8 Tract Map No. 5425, and Residential Planned 9 Development Permit No. 2003 -02 10 Staff Recommendation: 1) Open the public hearing, 11 accept public testimony and close the public hearing; 12 and 2) Adopt Resolution No. PC -2005- 13 recommending to the City Council approval of the 14 Development Agreement with Shea Homes L.P. (Staff: 15 Barry Hogan) 16 Commissioner DiCecco recused himself from the dais. 17 Barry Hogan gave the staff presentation. 18 The Commission questioned staff regarding affordable 19 housing cost factors. 20 Vice -Chair Peskay opened the public hearing. 21 Jeff Palmer, applicant's representative, stated acceptance 22 of the terms of the Development Agreement and indicated he 23 was available for questions. 24 The Commission questioned applicant on grading, the height 25 and length of the sound wall along Los Angeles Avenue, 26 pedestrian /ADA access, and height of the east wall. 27 Romayne Hawkinson, resident, commented on wall heights and 28 pedestrian access to Fremont Street from Los Angeles 29 Avenue. 30 Edward Peters, resident, passed out fault maps to staff and 31 the Commission and expressed concerns related to fault 32 areas, potential flooding and maintenance of drainage 33 facilities. 34 Vice Chair Peskay closed the public hearing. \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0322 _pcm.doc Planning Commission, City of Moorpark, California Minutes of March 22, 2005 Paae 3 1 The Commission questions definition in the development 2 agreement and commented on language and affordable housing 3 costs. 4 MOTION: Commissioner Landis moved and Commissioner Taillon 5 seconded the motion that Resolution No. PC- 2005 -472 be 6 approved. 7 (Motion passed with a unanimous 3:0 voice vote. Chair Pozza 8 was absent; Commissioner DiCecco had recused himself.). 9 AT THIS POINT in the meeting, Chair Pozza arrived. The time 10 was 7:45 p.m. The Commission recessed and reconvened at 11 8:00 p.m. 12 B. Consider a Request to Amend Specific Plan Number 1995- 13 02 (Moorpark Highlands Specific Plan) Relating to 14 Development Standards; and to Approve Residential 15 Planned Development No. 2004 -01 for the Construction 16 of 102 Multiple- Family Units within Planning Area 5 of 17 Specific Plan Area No. 2, Located Approximately One - 18 Half Mile North of the Northerly Terminus of Spring 19 Road and Three - Fourths of One Mile East of Walnut 20 Canyon Road, on the Application of Pardee Homes. 21 (Assessor Parcel Numbers: Portions of 500 -0- 270 -07, 22 500 -0- 027 -08, 500 -0- 270 -19, 500 -0- 270 -20, 500- 0 -024- 23 03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0- 024 -23) 24 Staff Recommendation: 1) Open the public hearing, 25 accept public testimony and close the public hearing; 26 2) Adopt Resolution No. PC -2005- , recommending to 27 the City Council conditional approval of Residential 28 Planned Development Permit No. 2004 -01; and 3) Adopt 29 Resolution No. PC -2005- , recommending to the City 30 Council approval of an amendment to Specific Plan No. 31 1995 -02 pertaining to development standards for 32 Planning Areas 8 & 9. (Staff: Scott Wolfe) 33 Scott Wolfe gave the staff presentation. 34 The Commission questioned staff on tandem parking, 35 requirements for covered parking and distribution of 36 covered parking. 37 Chair Pozza opened the public hearing. \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0322_pcm.doc Planning Commission, City of Moorpark, California Minutes of March 22, 2005 Paae 4 1 Jim Bizzelle, applicant's representative, discussed 2 previous approval for Planning Areas 8 and 9 and 3 current request for approval of Planning Area 5. 4 Loren Smets, applicant's representative, discussed 5 distribution of covered parking, driveway locations, 6 architectural styles and floor plans. 7 The Commission questioned applicant on the use of 8 different paving treatments for the driveways, 9 placement of trash cans for the carriage units, 20 10 foot turnarounds, and a description for the tot lot. 11 The Commission also expressed concern with the units 12 that did not have a side -in garage. 13 Mark Hammond, architect, described the recreation 14 areas. 15 Gary Armstrong, applicant's representative, indicated 16 that he was available for questions. 17 The Commission questioned applicant on parallel 18 parking spaces. 19 Edward Peters, resident, commented on the design of 20 the homes. He expressed concern with drainage and 21 potential flooding on Walnut Canyon Road and potential 22 for landslides. He also commented on the heavy vehicle 23 and truck traffic through the area. 24 Amy Ebeling, resident, stated her concerns about the 25 traffic on Walnut Canyon Road. 26 Chair Pozza closed the public hearing. 27 The Commission discussed architectural drawings, the 28 need for more definition on the concrete driveways, 29 construction requirements for carriage units above 30 garage, lack of covered parking designs, the benefits 31 of affordable housing, architectural designs on 32 specific units, front elevation of units with multiple 33 garages and rear elevations on three homes. 34 MOTION: Chair Pozza moved and Commissioner Landis 35 seconded a motion to approve staff recommendation and 36 adopt Resolution No. 2005 -473, with amended conditions 37 to include: \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \OS 0322 pcm.doc 000004 Planning Commission, City of Moorpark, California Minutes of March 22, 2005 Paae 5 1 e Add a condition for applicant to submit a permit 2 adjustment for the covered parking designs; 3 e Staff work with developer to enhance driveway paving 4 design; and 5 e Enhance elevations on the units facing the street. 6 (Motion passed with a unanimous 5:0 voice vote.) 7 MOTION: Chair Pozza moved and Commissioner DiCecco 8 seconded a motion to approved staff recommendation and 9 adopt Resolution No. 2005 -474. (Motion passed with a 10 unanimous 5:0 voice vote.) 11 C. Consider Residential Planned Development Permit No. 12 2003 -04, General Plan Amendment 2003 -04, Zone Change 13 2003 -03, and Tentative Map No. 5463 for Fifty -One (51) 14 Single- Family Homes on 43.04 Acres North of 15 Championship Drive and East of Grimes Canyon Road, on 16 the Application of Toll Brothers, Inc. (Assessors 17 Parcel Number 502 -0- 140 -02) 18 Staff Recommendation: Open the public hearing, accept 19 public testimony and continue the agenda item with the 20 public hearing open to April 26, 2005. (Staff: Joseph 21 Fiss) 22 Commissioner Landis recused himself. 23 Joseph Fiss gave the staff presentation. 24 The Commission questioned staff on the provision for 25 open space and whether the developer contributed 26 towards improvements on Grimes Canyon Road. 27 Chair Pozza opened the public hearing. 28 Craig Messi, applicant, provided comments on the 29 review process to date; and, using a model, addressed 30 visibility issues. He provided information on 31 improvements to and widening of Grimes Canyon Road. He 32 indicated that a separate Homeowner's Association 33 (HOA) was proposed to preclude use of the recreation 34 areas within the existing project. He stated that the 35 51 units would be included in the Landscape 36 Maintenance District (LMD) for Championship Drive, 37 that a trail system to the City boundary would be part 38 of the LMD and commented on the potential for gateway 39 monumentation to be maintained by the HOA. \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0322— pcm.doc onf io ()J Planning Commission, City of Moorpark, California Minutes of March 22, 2005 Pace 6 1 Patty Waters, resident, expressed concern that the 2 development was too dense and there was no buffer zone 3 between agriculture and the development. She commented 4 on increased truck traffic due to the mine expansions 5 and traffic problems on Spring Road. 6 Edward Peters, resident, expressed concern with 7 drainage and potential for flooding. He commented on 8 issues related to potential for mosquitoes. 9 Mike Sullivan, resident, expressed concerns over loss 10 of view and the hillside being destroyed. He commented 11 on density, existing HOA jurisdiction, recreational 12 facilities the retention basin at Trevino and Country 13 Club Drive and potential traffic. 14 Diane Galvin, resident, expressed her concerns on 15 traffic, density, architectural design and 16 construction issues. She stated homeowners in the 17 community did not receive notification of the hearing. 18 Mr. Hogan offered an explanation why some of the 19 homeowners did not receive notification of the hearing 20 and that Ms. Galvin would be added to the mailing list 21 for future hearings on the project. 22 The Commission requested an explanation of open space 23 and the Hillside Ordinance; and questioned 24 establishment of a fund for mitigation measures, 25 buffer zone control view issues, and requirement for 26 acquisition of lot west of the development. 27 MOTION: Chair Pozza moved and Vice Chair Peskay 28 seconded a motion to continue the item, public hearing 29 open, to the Regular Planning Commission meeting of 30 April 26, 2005. 31 (Motion passed with unanimous 4:0 voice vote; 32 Commissioner Landis had recused himself.) 33 D. Consider Residential Planned Development Permit 34 No.1994 -01 Modification No. 6, General Plan Amendment 35 200_3 -04, Zone Change 2003 -03, Tentative Map No. 5464 36 for thirty -six (36) single- family residential homes on 37 28.69 acres, north of Championship Drive, and west of 38 Walnut Canyon Road, on the application of Toll 39 Brothers, Inc. (Assessors Parcel Number 502 -0- 150 -03) \ \MOr_pri —sere \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05 0322 pcm.doc 00((OoG Planning Commission, City of Moorpark, California Minutes of March 22, 2005 Paae 7 1 Staff Recommendation: Open the public hearing, accept 2 public testimony and continue the agenda item with the 3 public hearing open to April 26, 2005. (Staff: Joseph 4 Fiss) 5 Commissioner Landis recused himself. 6 Joseph Fiss gave the staff presentation. 7 Chair Pozza opened the public hearing. 8 Craig Messi, applicant, commented on the project 9 entryway from Walnut Canyon Road, fees, lot sizes and 10 recreation facilities. 11 Edward Peters, resident, expressed concerns about 12 flooding and vehicle speeds on Walnut Canyon Road. He 13 also suggested a petition for a vote on the project. 14 Mike Sullivan, resident, commented on the lack of 15 recreation facilities and amount of money Toll spends 16 for the golf course. 17 Diane Galvin, resident, was not available. 18 The Commission questioned the applicant on views and 19 responsibility for the private facilities at the golf 20 course. 21 Two (2) written statement cards were received in favor 22 of the project with no comments. 23 MOTION: Chair Pozza moved and Commissioner DiCecco 24 seconded a motion to continue the item, public hearing 25 open, to the Regular Planning Commission meeting of 26 April 26, 2005. 27 (Motion passed with unanimous 4:0 voice vote; 28 Commissioner Landis abstained.) 29 The Commission recessed at 10:15 p.m. and reconvened at 30 10:25 p.m. 31 E. Zoning Ordinance Amendment No. 2004 -06 to Chapter 32 17.40 (Sign Requirements) to Address Banner /Special 33 Event Signing, Open House, Garage Sale Signing and to 34 Reorganize the Sign Regulations for Greater Clarity 35 and Ease of Use. 36 Staff Recommendation: 1) Open the public hearing, 37 accept public testimony and close the public hearing; \ \Mor pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0322_pcm.doc Planning Commission, City of Moorpark, California Minutes of March 22, 2005 Paae 8 1 and 2) Adopt Resolution No. PC -2005- recommending 2 to the City Council approval of Zoning Ordinance 3 Amendment No. 2004 -06. (Staff: Barry Hogan) 4 Barry Hogan presented the staff report and requested that 5 Item 8.E. be continued to a Special Planning Commission 6 meeting on April 12, 2005. 7 Chair Pozza opened the public hearing. 8 There were no speaker cards. 9 MOTION: Commissioner Landis moved and Chair Pozza seconded 10 a motion to continue the item, public hearing open, to a 11 Special Planning Commission meeting on April 12, 2005. 12 (Motion passed with a unanimous 5:0 voice vote.) 13 9. DISCUSSION ITEMS: 14 A. Consider City of Moorpark, Mission Statement, 15 Priorities, Goals and Objectives for FY 2005/2006 16 Staff Recommendation: Consider City of Moorpark, FY 17 2005/2006 Mission Statement, Priorities, Goals, and 18 Objectives for discussion at the April 27, 2005 19 Special Joint City Council /Planning Commission 20 meeting. (Staff: Barry Hogan) 21 The Commission considered Moorpark's Mission Statement, 22 Priorities, Goals and Objectives. 23 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 24 A. April 12, 2005 Possible Special Meeting 25 B. April 26, 2005 26 C. April 27, 2005, starting at 8:00 p.m., Joint City 27 Council and Planning Commission meeting. 28 Mr. Hogan briefly discussed future agenda items, including 29 continuation of Item No. 8.E. to a Special Planning 30 Commission meeting on April 12, 2005, and Item Nos. 8.C. 31 and 8.D. to the Regular Planning Commission meeting on 32 April 26, 2005. 33 11. ADJOURNMENT: 34 MOTION: Commissioner Landis moved and Commissioner Taillon 35 seconded the motion to adjourn the meeting. \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0322_pcm.doc ®0C 1'0®S Planning Commission, City of Moorpark, California Minutes of March 22, 2005 1 (Motion passed with a unanimous 5:0 voice vote.) 2 The meeting was adjourned at 10:31 p.m. 3 4 5 ATTEST: 0 Scott Pozza, Chair Barry K. Hogan, Community Development Director \ \Mor pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0322 _pcm.doc Pacfe 9 ITEM: 6.B. Planning Commission, City of Moorpark, California Minutes of April 12, 2005 Special Meeting Paae 1 1 A Special meeting of the Planning Commission was held on April 2 12, 2005, in the City Council Chambers; Moorpark Civic Center; 3 799 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 Commissioner Peskay led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners DiCecco, Taillon and Landis, Vice -Chair 10 Peskay and Chair Pozza were present. 11 Staff attending the meeting included Barry K. Hogan, 12 Community Development Director and Laura Stringer, Senior 13 Management Analyst. 14 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 15 None. 16 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 17 None. 18 6. CONSENT CALENDAR: 19 None. 20 7. PUBLIC COMMENTS: 21 None. 22 8. PUBLIC HEARINGS: 23 (next Resolution No. 2005 -475) 24 A. Consider Zoning Ordinance Amendment No. 2004 -06 to 25 Chapter 17.40 (Sign Requirements) to Address S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0412 spec_pcm.doc 000010 Planning Commission, City of Moorpark, California Minutes of April 12, 2005 Special Meeting Paae 2 1 Banner /Special Event Signing, Open House, Garage Sale 2 Signing and to Reorganize the Sign Regulations for 3 Greater Clarity and Ease of Use 4 Staff Recommendation: 1) Accept public testimony and 5 close the public hearing; and 2) Adopt Resolution No. 6 PC -2005- recommending to the City Council approval 7 of ZOA No. 2004 -06. (Continued from March 22, 2005) 8 Barry Hogan gave the staff presentation, which 9 included information on comments and suggestions 10 received from the Chamber of Commerce. Mr. Hogan 11 indicated that staff concurred with several of the 12 suggestions, and recommended that they be included in 13 the Planning Commission recommendation to City 14 Council. 15 The Commission questioned staff on: 16 • Human directional signs 17 • Temporary signs placed on school property 18 • Temporary real estate signs and requirements for 19 encroachment permits 20 • Removal of campaign signs 21 • Removal of permanent signs 22 • Enforcement of temporary signs within private 23 street developments 24 • Use of the word "support" rather than "influence" 25 in definition for campaign signs 26 • Search lights 27 • Status of signs for approved projects not yet 28 constructed 29 • Number of signs permitted in multi - tenant 30 buildings 31 • Clarification of "calendar days" \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0412 spec_pcm.doc 0()G0 1 Planning Commission, City of Moorpark, California Minutes of April 12, 2005 Special Meeting PaQe 3 1 At this point in the meeting Commissioner Landis 2 disclosed that he had met with the applicant for the 3 commercial project (M &M) located at Campus Park Drive 4 and Collins Drive. 5 The Commission continued to question staff regarding: 6 • What impact the proposed sign ordinance would 7 have on the M &M project signage. 8 • Pylons signs for community commercial centers 9 versus neighborhood commercial centers. 10 • Signage for the Nearon Project at the southwest 11 corner of New Los Angeles Avenue and Miller 12 Parkway. 13 Chair Pozza continued to take public testimony. 14 David Morehead, applicant for the commercial project 15 located at Campus Park Drive and Collins Drive, 16 expressed concern that the sign ordinance, as 17 proposed, would be overly restrictive and not provide 18 the freeway visibility that prospective tenants would 19 require. 20 The Commission questioned Mr. Morehead on what signage 21 he felt was required to address freeway visibility, 22 including location and height. 23 The Commission questioned staff regarding options for 24 addressing signage opportunities for freeway oriented 25 commercial and industrial properties. 26 MOTION: Commissioner Landis moved to continue the 27 item, with the public hearing open, to the regular 28 Planning Commission meeting of June 28, 2005, and 29 directed staff to incorporate the Chamber of Commerce 30 suggested changes recommended by Mr. Hogan, minor 31 language changes suggested by the Commission, and to 32 include a section addressing freeway oriented signage. \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0412 spec_pcm.doc Planning Commission, City of Moorpark, California Minutes of April 12, 2005 Special Meeting Paae 4 1 9. DISCUSSION ITEMS: 2 None. 3 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 4 A. April 26, 2005 5 • Residential Planned Development Permit No. 2003 -04, 6 General Plan Amendment 2003 -04, Zone Change 2003 -03, 7 and Tentative Map No. 5463 (Toll Bros.) (Continued 8 from March 22, 2005) 9 • Residential Planned Development Permit No. 1994 -01 10 Modification No. 6, General Plan Amendment 2003 -04, 11 Zone Change 2003 -03, Tentative Map No. 5464 (Toll 12 Bros.) (Continued from March 22, 2005) 13 • Commercial Planned Development Permit No. 2004 -02 14 (Kylexa) 15 • Modification No. 4 to Commercial Planned Development 16 Permit No. 1990 -02 and Conditional Use Permit No. 17 2005 -01 (Sheshibor /Gharebaghi) 18 • Industrial Planned Development (IPD) Permit No. 19 2005 -01 (Gehricke - Woodworks) 20 B. April 27, 2005, starting at 8:00 p.m., Joint City 21 Council and Planning Commission meeting 22 Mr. Hogan provided a brief summary of future meetings and 23 agenda items. \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0412 spec pcm.doc 0001013 Planning Commission, City of Moorpark, California Minutes of April 12, 2005 Special Meeting PaQe 5 1 11. ADJOURNMENT: 2 MOTION: Chair Pozza moved and Commissioner DiCecco seconded 3 the motion to adjourn the meeting. 4 (Motion passed with a unanimous 5:0 voice vote.) 5 The meeting was adjourned at 8:40 p.m. 6 7 8 ATTEST: 9 10 Scott Pozza, Chair Barry K. Hogan, Community Development Director \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0412 spec_pcm.doc 0 ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire to Prepared by Joseph Fiss, Principal Planner DATE: April 20, 2005 (PC Meeting of 04/26/05) SUBJECT: Consider Residential Planned Development Permit No. 2003- 04, General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, and Tentative Map No. 5463 for Fifty -One (51) Single - family Homes on 43.04 Acres North of Championship Drive and East of Grimes Canyon Road, on the Application of Toll Brothers, Inc. BACKGROUND On March 22, 2005, the Planning Commission opened the public hearing and took public testimony on this project (staff report attached). The public hearing was continued to April 26, 2005, in order to assess public comments and allow completion of the 30 -day comment period on the Mitigated Negative Declaration which extended from March 28, 2005 to April 26, 2005. As of the writing of this report, no comments on the proposed Mitigated Negative Declaration have been received. DISCUSSION At the March 22, 2005 public hearing, several members of the public commented on the project. The most substantive concerns were related to typical impacts created by new development, including aesthetics, traffic, and density. The impacts of these concerns had been previously addressed in the Initial Study and Conditions of Approval; however, the applicant has provided further revisions and commitments to increase the level of mitigation of these issues. In order to further mitigate the effects on aesthetics, the applicant has agreed to demonstrate, during the grading process, that the new homes will not be visible from the homes to the southwest and that the hillside will be preserved. This has been incorporated as a condition of approval. In addition, the applicant has redesigned the retention basins with landscaped berms so that \ \Mor pri_sery \City Share \Community Development \DEV PMTS \R P D \2003 \ -04; TR 5463 Toll Bros \Agenda Rpts \PC Agenda Report.042605.doc Honorable Planning Commission April 26, 2005 Page 2 they will not be readily identifiable from either Championship Drive or Grimes Canyon Road (Attachments 2 and 3). The applicant has verified, and it has been included as a condition of approval, that this project will not be part of the existing Homeowners Association and therefore there will be no increased impacts on existing private streets and facilities as a result of this project. Traffic impacts will increase on Championship Drive and other local streets; however mitigation measures have been included to assure that these will be less than significant. If merited, additional stop signs will be provided on Championship Drive, at the developer's expense. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: 1. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.2 units per acre. 2. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.2 units per acre. 3. 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. 4. The site is physically suitable for the proposed density of development, in that the design provides for large graded pads for the proposed houses. 5. 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. 6. 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. 7. 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 0000IG Honorable Planning Commission April 26, 2005 Page 3 proposed subdivision, in that these easements have been identified and incorporated in the design of this project. 8. 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. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. The following findings are offered for the Residential Planned Development Permit: 1. 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 upon approval of General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03 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. 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request and the use proposed is similar to adjacent uses, and access to or utility of those adjacent uses are not hindered by this project. 3. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the surrounding, existing and future development includes single- family, detached homes of similar density. STAFF RECOMMENDATION 1. Continue to take public testimony and close the public hearing. 2. Adopt Resolution no. PC -2005- recommending adoption of a Mitigated Negative Declaration and recommending approval of General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, Tentative Map No. 5463 and Residential Planned Development No. 2003 -04. 00G0 . 7 Honorable Planning Commission April 26, 2005 Page 4 ATTACHMENTS: 1. Reduced Tentative Map No. 5463 2. Retention Basin Adjacent to Championship Drive 3. Retention Basin Adjacent to Grimes Canyon Road 4. Planning Commission Agenda Report of March 22, 2005 (without draft City Council resolutions and ordinance). 5. Draft Resolution recommending adoption of a Mitigated Negative Declaration and recommending approval of General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, Tentative Map No. 5463 and Residential Planned Development No. 2003 -04. 006018 3 E �r .a E® s • Y Y Y a ......... acaaxaaa agititUilNlaa9i�M4a•aiaiiatiNia { x` t 00 00 O O 00 t ` I Y C T � l Y OOGO19 LEW H Z U E-+ a Ito a Wit- Y�{ {:�: � � � • i � 4�1T{9�� i s ,f N i a s Eiei1owil Hall ie i E �r .a E® s • Y Y Y a ......... acaaxaaa agititUilNlaa9i�M4a•aiaiiatiNia { x` t 00 00 O O 00 t ` I Y C T � l Y OOGO19 LEW H Z U E-+ a J.• �TOL136551TentotiveJExhibits�3655— DETENAON.dwo ADr 13 90(15 9.4Rnm , ;� --,f 799 A ZC11GW A 774 mm ,man• ►aer. , moo• 749 724 PC ATTACHMENT 2 ® J EN S EN VENTURA CAS s 93003 DESIGN PHONE 805/854 -8977 &SURVEY, INC FAX 805/854 -8979 N 40' 0' 1 80' SCALE: l`--80' MODIFIED DETENTION BASIN MOORPARK COUNTRY CLUB ESTATES SHEET TRACT No. 5463 2 of 2 Apr 13, 205 J.• � TOL 136551 Ten Wive lExhibits 3655— DE1EN710N. dwq Apr 12. 2005. 7• 13am vincent a 1 40' 0' 80' SCALE. 1"--80' PC ATTACHMENT 3 I MODIFIED DETENTION BASIN 4171 MARKED Sr. SM. 4A MOORPARK COUNTRY CLUB ESTATES SHEET J E N S E N VEM URA, CALIF. 93003 DESIGN PHONE 805/854 -8977 1 OF 1 &SURVEY, INC FAX 805/854 -8979 TRACT No. 5463 Apr 12, 2005 MOORPARK PLANNING COW4ISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry R. Hogan, Community Development Directo Prepared by Joseph Fiss, Principal Planner DATE: March 1, 2005 (PC Meeting of 03/22/05) SUBJECT: Consider Residential Planned Development Permit No. 2003- 04, General Plan Amendment 2003 -04, Zone Change 2003 -03, and Tentative Map No. 5463 for Fifty -One (51) Single - Family Homes on 43.04 Acres North of Championship Drive and East of Grimes Canyon Road, on the Application of Toll Brothers, Inc. (Assessors Parcel Number 502- 0 -140- 02) BACKGROUND This project is proposed in conjunction with the existing Country Club Estates Project. The existing project consists of two- hundred- sixteen (216) single- family dwellings and twenty -seven (27) holes of golf, with a clubhouse and maintenance facilities, located at the northern City limits on the west side of Walnut Canyon Road and extends westerly to include frontage on Grimes Canyon Road. The original project (RPD No. 1994 -01, Conditional Use Permit No. 94 -01, Vesting Tentative Tract Map No. 4928, General Plan Amendment No. 94 -1, and Zone Change No. 94 -1) was approved on April 17, 1996. Several modifications have been approved relating to the number of golf course holes, timing of improvements and landscaping, fencing and clubhouse requirements. A subsequent General Plan Amendment and a Zone Change were approved to align land use designation and zoning boundaries with tract boundaries, and to clarify setbacks for ornamental orchards. The City Council approved Minor Modifications to clarify Conditions of Approval on July 2, 2003. A Conditional Use Permit to allow the sale of liquor in conjunction with the golf course and clubhouse was approved on August 20, 2003. Toll Brothers, Inc. filed an application for this project on December 23, 2003. Changes in the General Plan Designations on the site from Rural Low Residential (RL), Open Space -2 (OS -2) and \ \mor pri sere \City Share \Community Development \DEV PMTS \R P D \2003 \ -04; TR 5463 Toll Bros \Agenda Rpts \PC Agenda Report.032205.doc PC ATTACHMENT 4 00C 0z" Honorable Planning Commission March 22, 2005 Page 2 Public Institutional (PUB) to Medium Low Density Residential (ML),Open Space (OS -2) and Public Institutional (PUB) and changes in Zoning on the site from Rural Exclusive -5 acre minimum lot size (RE -5ac), Open Space - 500 acre minimum (OS- 500ac), and Institutional (I) to Residential Planned Development (RPD), Open Space - 500 acre minimum (OS- 500ac) and Institutional (I) are requested for the development of fifty -one (51) single - family homes (Attachment 2). This application is being processed concurrently with a Modification to RPD No. 1994 -01 and Tentative Tract No. 5464 for an expansion of the existing Country Club Estates project to the northeast. Portions of the analysis are cumulative; however, each is a stand -alone project, to be evaluated on its own merits. DISCUSSION Project Setting Existing Site Conditions: The proposed project is located on 43.3 acres located on the north side of Championship Drive, east of Grimes Canyon Road (Attachment 1). An Initial Study and Draft Mitigated Negative Declaration have been prepared for this project (Provided to the Commission under separate cover.). The project site is hilly with steep gradients rising from the roadways. Elevations range from approximately 741 feet above mean sea level (MSL) to approximately 907 feet above MSL on the Husted parcel. Native vegetation on most of the Husted site has largely been degraded or eliminated by grazing and brush clearing. Predominant vegetation types on this site are coastal sage scrub and annual grasslands. The project site is located in the northernmost part of the City of Moorpark. North of the project site, in unincorporated Ventura County, are mainly agricultural lands. To the west of the site is Grimes Canyon Road, and beyond, undeveloped open space and agriculture, also in unincorporated Ventura County. On the south of the site are residences of the Moorpark Country Club Estates, and to the east existing open space and a portion of the Moorpark Country Club Golf Course. Previous Applications: Tentative Tract Map No. 5322 was submitted on August 16, 2001, for a subdivision consisting of seven (7) lots. This application was subsequently deemed withdrawn due to lack of activity and incompleteness. 000023 Honorable Planning Commission March 22, 2005 Page 3 General Plan and Zoning Consistency: The applicant is concurrently requesting a General Plan Amendment and Zone Change for this project. The current General Plan designations of the site are Rural Low Residential (RL) , Open Space -2 (OS -2) and Public Institutional (PUB). The current Zoning designation is RE (Rural Exclusive) -5, Open Space - 500 acre minimum (OS- 500ac) , and Institutional (I) . The applicant is proposing to change the General Plan designation for the residential portion of the site to Medium Low (ML), Open Space -2 (OS -2) and Public Institutional (PUB) and the Zoning to Residential Planned Development (RPD) , Open Space - 500 acre minimum (OS- 500ac) , and Institutional (I) . The proposal would result in a gross density of 1.2 dwelling units per acre for the entire site before dedication of streets. The requested zoning designation of RPD would accommodate the proposed density and be consistent with the zoning of the adjacent approved Planned Development. The General Plan designation of Medium Low (ML) allows a maximum density of 2.0 dwelling units per acre. GENFtAL PLAN /ZONING Direction General Plan Zoning Land Use Rural Rural Low Exclusive - 5 Residential acre minimum (RL), Open (RE -5ac), Site Space -2 (OS- Open Space - Unimproved, 2), and 500 acre Landscaped, Public minimum (OS- Graded Institutional 500 ac) and (PUB) Institutional North Agricultural Agricultural Agricultural — Exclusive Medium Low - - -- - -- - - - - -- South and Open RPD and OS Residential Space East Open Space OS Golf /Open Space West Agricultural Agricultural p en Space p p Exclusive 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: 006024 Honorable Planning Commission March 22, 2005 Page 4 1. Coordinated neighborhood design and compatibility with existing or potential development of surrounding areas; 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 5. A more varied, attractive and energy- efficient living environment, as well as, greater opportunities for recreation than would be possible under other zone classifications. The project, as proposed, is not consistent with the City's Hillside Management Ordinance (Chapter 17.38 MMC). Chapter 17.38.030 (m) of the Zoning Ordinance provides an exemption for properties having development agreements that exempt them from the provisions of this chapter. Further discussion of this issue is provided in the Analysis section of this report. Project Summary Tentative Tract /Parcel Map No. 5463: Parcel No. Size (in acres) Size (in sq. ft.) 1 -51 Average (Residential) 0.44 19,360 Largest Lot 0.66 28,562 Smallest Lot 0.30 12,913 All Res. Lots 22.70 988,812 A &I (Detention) 1.32 57,499.2 B -F (Open Space) 15.99 696,524.4 G (Streets) 3.03 131,986.8 Total 43.04 1,874,822.4 006025 Honorable Planning Commission March 22, 2005 Page 5 Planned Development Permit No. 2003 -04: Parcel Proposed Use 1 -51 Residential Lots AEI On Site Detention B -F Open Space G Internal Private Streets Proposed Project Architecture /Setbacks: Toll Brothers, Inc. is proposing to build the same product as they are currently producing on Tract No. 4928. The production of these homes by Toll is a "semi- custom" approach, whereby each buyer picks their own lot and a floor plan, elevation, and colors from several options. Further discussion of the architecture takes place in the analysis section of this report. Circulation: The proposed project would be accessed through a gated private street off of Championship Drive, aligning with the private street, Trevino Drive. Homes take access from four (4) interior private streets, including a small looped street and a cul -de -sac. Emergency access to Grimes Canyon Road would be provided on the northwest side of the site, complying with Ventura County Fire District requirements for secondary access. This access will only be available to emergency personnel, via a "Knox Box" system. Vehicles will be able to enter the site via Championship Drive from either Walnut Canyon Road or Grimes Canyon Road. Traffic: A traffic analysis was prepared by Austin -Foust Associates, Inc. in November 2004. A copy of this report can be found in Appendix J of the Initial Study for this project. This project was analyzed in conjunction with the application for Tentative Tract Map No. 5464 and included analysis of 17 related projects. Summarily, the existing plus project traffic analysis indicates that, in conjunction with 17 other ongoing projects, the proposed project is considered to contribute to the cumulative short -range (2007) need for improvements at the Grimes Canyon Road /Los Angeles Avenue intersection. This is a County intersection, and the impact would be addressed by the project's participation in the County's Traffic Impact Mitigation Fee Program. With this mitigation, this would not be considered to be a cumulatively significant impact. In the long -range (2020) future traffic conditions, the project in 00002G Honorable Planning Commission March 22, 2005 Page 6 conjunction with the 17 related projects would also contribute to the cumulative need for the long -range (2020) Moorpark circulation improvement program. The proposed project would be required to implement the identified non - committed improvements in the City of Moorpark on a fair share basis. As a result, the project's incremental impact on long -range future traffic conditions in the City of Moorpark would not be cumulatively considerable. If approved, mitigation measures from the Initial Study will be incorporated into the project as Conditions of Approval. Landscaping: Landscaping for this project will consist of two types. Common area landscaping will be provided in open space and slope areas and private landscaping in front and rear yards will be provided by individual homeowners. The majority of the site will be graded and thus, introduced landscaping will be required for slope stabilization. Ungraded areas will remain natural, on a case -by- case basis. The entrance to the site on Championship Drive will consist of keynote landscaping. All landscaping will be required to be consistent with the City's Landscape Guidelines. 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, to the maximum extent feasible as determined by the City, 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 Qualit According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project, in conjunction with Tentative Tract No. 5464 will produce 19.25 pounds of NOX per day, which is not in excess of the allowable 25 pound threshold, providing a conclusion that as a stand alone project, there will not be an impact on regional air quality as a result of these individual projects. However, since this project will be constructed in conjunction with the existing development, it would be appropriate to provide mitigation consistent with the existing development, or pay a fee in- lieu -of mitigation at the time of building permit issuance. A special condition of approval will be included regarding the payment of Traffic Systems Mitigation fees for air quality purposes. 006027 Honorable Planning Commission March 22, 2005 Page 7 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Hillside Management Ordinance • Visual Impacts • Architecture • Models • Hillside Management Ordinance As mentioned above, the project as proposed is not consistent with the City's Hillside Management Ordinance (Chapter 17.38 MMC). The majority of the site will be mass - graded to create streets and pads. The cut and fill on site will be balanced. Under the Hillside Management Ordinance, this project would be required to provide 18.8 acres of ungraded open space on site. The applicant is proposing to maintain 2.0 acres of open space on site (Attachments 3 D and E). This has been found to be a potentially significant environmental issue, unless mitigated off -site. On -site mitigation is preferred but not feasible with this proposed project. Since off -site mitigation is the only option in this instance, an increased amount of open space must be provided, over and above that required by the Code. Staff has determined that a ratio of four (4) acres of off -site ungraded open space must be provided for every one (1) acre of required ungraded open space. Since there is a deficit of 16.8 acres on site, 67.2 acres of ungraded open space must be provided for off -site mitigation. This open space can be physically provided, or a fund could be established through the City for this purpose. This is discussed in detail in the Initial Study. Chapter 17.38.030 M allows the City to approve a development agreement to exempt a project from the requirements of the Hillside Management Ordinance. The applicant will be requesting a development agreement for this project, and has indicated that such an exemption will be requested. The Planning Commission, in their recommendation, should consider that as it is proposed, this project does not at all comply with the Hillside Management Ordinance. The Planning Commission will have an opportunity to review and make a recommendation on the development agreement, in which this issue will be discussed in detail. 000028 Honorable Planning Commission March 22, 2005 Page 8 • Visual Impacts Although not considered a "significant impact" from an environmental perspective, visual impacts from the project merit review and discussion. Currently, the properties south of Championship Drive have a view of an unimproved hillside to the north. Should the project be built, this view has the potential of changing. The applicant has proposed grading and landscaping at the top of the slope to screen the proposed homes from the view of the homes on the south side of Championship Drive (Attachment 3 F). The cross - sections provided show that this additional grading and landscaping would minimize views of the new houses from the existing subdivision. • Architecture Staff recommends incorporating the Architectural Design Guidelines from the original project by reference, as a condition of approval with final approval by the Community Development Director. The Design Guidelines have been an invaluable tool for staff throughout the development of the Moorpark Country Club Estates project. These guidelines outline the allowable architectural styles, floor plans, colors, setbacks and development restrictions for the individual lots. The design guidelines allow for diversity in architecture, while controlling the overall theme of a semi -rural country club environment. Monotony is reduced through a variety of allowable front setbacks, none less than twenty -five feet (25'), and a restriction that disallows identical homes adjacent to each other. By allowing for a combination of floor plans, elevations, and colors, there are an almost endless number of options for homebuyers. All of the elevations include tile roofs, brick or stone facades, large entries and substantial articulation. Large side and rear setbacks are provided on large, wide lots, also allowing for enhanced architectural opportunities, and in most cases, eliminating a "garage forward" design on most floor plans. Gates, walls, fences, and any accessory structures will be required to be consistent with the existing Moorpark Country Club Estates, but may have some unique characteristics, identifying this as its own neighborhood. • Models The applicant has been requested to provide a topographic model of the site, consistent with the City's policy and practice. Topographic models are requested of hillside projects for use as analytic tools when evaluating effects upon the hillside from grading and to evaluate effects upon views to and from neighboring properties. The applicant has informed us that this model is being prepared, but is not available as of the writing of this staff 0010029 Honorable Planning Commission March 22, 2005 Page 9 report. Staff requested preparation of the model to provide the City and the public with a better idea of what the end product, if approved, would look like. Because the model has not been available, and because the comment period for the environmental documentation has not yet begun, staff is recommending that action by the Planning Commission be deferred until the April 26, 2005 meeting. DEVELOPIENT AGREENgNT Toll Brothers, Inc will apply for a development agreement pursuant to Government Code Section 65864 et sue, and Moorpark Municipal Code chapter 15.40 prior to Council consideration of this project. The development agreement is needed to address the Hillside Management Ordinance and other development issues. A City Council Ad -hoc Committee will be established to develop a draft development agreement which would be presented to the Planning Commission as a separate item at a future meeting if so directed by the City Council. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: 1. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -02 and Zone Change No. 2003 -02, to allow for a density up to 1.2 units per acre. 2. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan, if amended by General Plan Amendment No. 2003 -02 and Zone Change No. 2003 -02, to allow for a density up to 1.2 units per acre. 3. 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. 4. The site is physically suitable for the proposed density of development, in that the design provides for large graded pads for the proposed houses. 5. 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. 000030 Honorable Planning Commission March 22, 2005 Page 10 6. 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. 7. 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 the improvement of Fremont Street and for the site to the east have been identified and incorporated in the design of this project. 8. 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. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. The following findings are offered for the Residential Planned Development Permit: 1. 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 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. 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request and the use proposed is similar to adjacent uses, and access to or utility of those adjacent uses are not hindered by this project. 3. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the surrounding, existing and future development includes single - family, detached homes of similar density. 0010031 Honorable Planning Commission March 22, 2005 Page 11 PROCESSING TILE 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). Since this project includes a General Plan Amendment, Zone Change, and development agreement, which are legislative matters, it is not subject to processing time limits. 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 cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or 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, with the incorporation of mitigation measures identified in the Initial Study as conditions of approval, 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. A copy is attached under separate cover for Planning Commission review and consideration. A 30 -day comment period on the Mitigated Negative Declaration will begin within a few days after the Planning Commission meeting. 00160-32 Honorable Planning Commission March 22, 2005 Page 12 STAFF RECObOdENDATION Open the public hearing, accept public testimony and continue the agenda item with the public hearing open to April 26, 2005. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. General Plan Amendment Map B. Zone Change Map C. Tentative Tract Map D. Cut and Fill Map E. Hillside Management Exhibit F. Cross - Section Exhibits Note: Architectural Design Guidelines, Initial Study and Proposed Mitigated Negative Declaration have been provided to the Planning Commission under separate cover. Copies of these documents are available in City Hall. 0000 -3 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2003 -04, GENERAL PLAN AMENDMENT NO. 2003 -04, ZONE CHANGE NO. 2003 -03, AND TENTATIVE MAP NO. 5463 FOR FIFTY -ONE (51) SINGLE - FAMILY HOMES ON 43.04 ACRES NORTH OF CHAMPIONSHIP DRIVE AND EAST OF GRIMES CANYON ROAD, ON THE APPLICATION OF TOLL BROTHERS, INC. WHEREAS, at duly noticed public hearing held on March 22, 2005 and April 26, 2005, the Planning Commission considered Residential Planned Development Permit No. 2003 -04, General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, and Tentative Map No. 5463 for fifty -one (51) single- family homes on 43.04 acres north of Championship Drive and east of Grimes Canyon Road, on the application of Toll Brothers, Inc.; and WHEREAS, at its meetings of March 22, 2005 and April 26, 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 DOCUMENTATION: The Planning Commission has reviewed and considered the Initial Study and Mitigated Negative Declaration prepared for the project in compliance with the California Environmental Quality Act (CEQA) and City Policy. 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 Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The site design, including structure, location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions \ \Mor _pri_sery \City Share \Community Development \DEV PMTS \R P D \2003 \ -04; TR 5463 Toll Bros \Reso - Cond \PC Reso 050426.doc PC ATTACHMENT 5 000034 Resolution No. PC -2005- Page 2 of the General Plan, any applicable Specific Plans, Zoning Ordinance, and any other applicable regulations upon approval of General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03 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 adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request and the use proposed is similar to adjacent uses, and access to or utility of those adjacent uses are not hindered by this project. C. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the surrounding, existing and future development includes low - density single- family detached homes. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached special and standard 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 would be consistent with the City of Moorpark General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.2 units per acre. B. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.2 units 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. 0000353 Resolution No. PC -2005- Page 3 D. The site is physically suitable for the proposed density of development, in that the design provides for large graded pads for the proposed houses. 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. 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 these easements 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. SECTION 4. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends to the City Council: A. Adoption of the Mitigated Negative Declaration prepared on behalf of this project; B. approval of General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03 for the area covered by Tentative Tract Map No. 5463; C. approval of Residential Planned Development Permit No. 2003 -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; and D. approval of Tentative Tract Map No. 5463 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. 00603E Resolution No. PC -2005- Page 4 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 26th day of April, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 0060317 Resolution No. PC -2005- Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FORRESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2003 -04 AND TENTATIVE TRACT MAP NO. 5463 SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5463 1. 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. 2. Up to a maximum of fifty -one (51) dwelling units may be developed under this entitlement. 3. Within thirty calendar days of submittal of the first plan check for Final Map the applicant shall provide a copy of the Covenants, Conditions, and Restrictions to the Community Development Director and the City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Tentative Tract Map No. 5463 and Residential Planned Development Permit No. 2003 -04, as conditioned. Submittal shall include a $5,000.00 deposit to be used for the city attorney's cost of review. 4. Concurrent with map recordation, the applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to approval of the Community Development Director and City Engineer. 5. Prior to the issuance of the first building permit, the Developer shall provide the City with a written request for the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code. 6. The Developer shall comply with all mitigation measures of the Mitigated Negative Declaration. Said mitigation measures are hereby adopted by reference and made Conditions of Approval. 0001033 Resolution No. PC -2005- Page 6 7. A Traffic Systems Management fee shall be paid, on a per home basis, consistent with such fee paid for Tract 4928, or in effect at the time of building permit issuance, or as specified in any development agreement adopted for this project. 8. The Developer shall improve both sides of Grimes Canyon Road to its ultimate right -of -way from Championship Drive north to northern City limits, including undergrounding of all utilities. The developer shall pay all City costs for acquisition of the properties needed for construction of these improvements including but not limited to legal, engineering, planning, and appraisal costs in addition to the costs for acquisition of properties. Fifteen percent (15 %) shall be added to all City out -of- pocket expenses for the acquisition costs, excluding the actual cost of the properties. Such improvement shall be completed within ninety (90) days of obtaining the real property needed for said improvement. 9. Sidewalks shall be provided on both sides of all private streets within the tract. 10. Prior to the submittal for first plan check of the improvement plans the Developer shall ascertain the adequacy of the existing lift stations to handle the expected flows from the additional dwelling units. The expected flows shall be verified and accepted by Waterworks District 1. The Developer shall be required to make all necessary upgrades /improvements to the lift stations to handle the expected flows. As part of the submittal of improvement plans hydraulic analyses, prepared by a registered civil engineer, shall be provided to Waterworks District 1 to determine the adequacy of the proposed and existing sewer lines. 11. The improvement plans shall provide a point of connection for the water system at the north end of the development to "loop" the system. The developer shall be responsible for the installation of the water system connection. 12. Prior to the occupancy of the first dwelling the Developer shall provide an enclosure to house and reduce the noise that emanates from the generator to an acceptable level as determined by Waterworks District 1 and the Community Development Director. 13. Water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources. Onco T9 Resolution No. PC -2005- Page 7 14. The applicant shall comply with all provisions of Chapter 17.38 (Hillside Management) of the Moorpark Municipal Code (MMC) unless waived by the adoption of a development agreement.. 15. All lots shall be made a part of the Landscape Maintenance District for Championship Drive and the Multi - purpose trail. 16. Within ninety (90) days of the approval of the final building permit for the last home in the project, the applicant shall install a four -way stop with appropriate signing at the intersection of Championship Drive and Trevino Drive if traffic warrants are met as determined by the City Engineer and good engineering practices. SPECIAL CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT 2003 -04 1. This planned development permit shall expire two (2) years 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. 2. The Country Club Estates Architectural Guidelines as approved shall be adopted herein by reference. 3. Any proposed change to the Architectural Guidelines shall be considered by the Community Development Director upon filing of a Permit Adjustment application and payment of the fee in effect at the time of application. 4. Any proposed substantive or wholesale change to Architectural Guidelines shall be considered by the City Council upon filing of a Modification application and payment of the fee in effect at the time of application. 000040 Resolution No. PC -2005- Page 8 5. Prior to occupancy of the first home, grading and landscaping, subject to the satisfaction of the Community Development Director shall be constructed on the south side of the site, west of "A" Street, to provide a visual barrier of the homes west of "A" Street from the homes south of Championship Drive, west of Trevino Drive. The applicant shall use flags or other visual devices to verify that no part of homes located on Lots 28 through 41, Tract No. 5463 shall be visible from the rear yards or balconies of Lots 1 through 4, 64 and 65 of Tract No.4928 -2. 6. The grading and landscaping referred to in Condition No. 5 shall be within common Homeowner's Association lots. The rear property line of Lots 37 -40 shall be located at least twenty feet (20') below the highest point of the berm. 7. Prior to occupancy of the twenty -fifth (25th) home, a City Entry Monument sign shall be provided on site, on the east side of Grimes Canyon Road. Such monument sign shall be designed and constructed by the developer and shall be maintained in perpetuity by the Homeowner's Association. The design of such monument sign shall be reviewed and approved by the Community Development Director. 8. Prior to map recordation, the Developer shall obtain a Fuel Modification Maintenance Program subject to the review and approval of the Ventura County Fire Protection District. 9. Concurrent with map recordation, a Conservation Easement, consistent with California Civil Code 815 et.seq., shall be granted to the City for those portions of the site zoned Open Space. 10. Any gates to control vehicle access are to be located to allow a vehicle waiting for entrance to be completely off the intersecting roadway. A minimum clear open width of fifteen (151) feet in each direction shall be provided for separate entry /exit gates and a minimum twenty (20) for combined entry /exit gates. If gates are to be locked, a Knox system shall be installed. The method of gate control, including operation during power failure, shall be subject to review by the Fire Prevention Division. Gate plan details shall be submitted to the Fire District for approval prior to installation. A final acceptance inspection by the Fire District is required prior to placing any gate into service. 11. A maximum of one gate is allowed on a secondary access unless an alternative is agreed upon by the Ventura County 00(004_1 Resolution No. PC -2005- Page 9 Fire Protection District. An auto exit loop is required to allow residents exit upon demand in the event of an emergency. 12. The secondary access to Grimes Canyon Road must be a minimum of thirty -six (36') feet wide. 13. The detention basin adjacent to Championship Drive shall be landscaped in such a fashion as to screen, to the full extent possible as determined by the Community Development Director, the public's view of the detention basin from Championship Drive. STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5463 AND RESIDENTIAL PLANNED DEVELOPMENT NO. 2003 -04 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 by reference and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 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 Reporting Program (MMRP) for this 0 0,G04 0 Resolution No. PC -2005- Page 10 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 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 0(16043 Resolution No. PC -2005- Page 11 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 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 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 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 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 Zoning Clearance for a building permit, the applicant shall submit to the 00( O44- Resolution No. PC -2005- Page 12 Community Development Department Park and Recreation Fees in accordance with the Moorpark Municipal Code, California Government Code and to the satisfaction of the Community Services Director. 111c icc J11Ct11 sit= pd1u Iii accoraance wltn city Council adopted Fire Protection Facilities Fee requirements cooviy uJC.7 allowed by the Municipal Code, are prohibited unless otherwise - ne- rmi -ttPrl thrriLI- h —application.. cati.on.. fer. .Modi•fica for 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 Zoni.ng... r ea ranre., . . ent i t l.errent , laud l d -ing ._ pc -i —:Lt•,- - 'a -y:i -ia u i'az y permit, or advanced grading permit the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all �p ,licaule - Li i y leycii service =ees . •1•nls payment shall be made within sixty (60) calendar days of approval of this entitlement. 11. Sonditi- on ... Compl airr e-: - - P -r±ci:- Clearance, building permit, grading permit, the applicant Development Department the aeposit. -to any Zoning grading permit, or advanced shall submit to the Community Condition Compliance review 12. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall- bubiuiL - Lu , the Community ueveiopment Department, capital improvement, development, and processing fees at the current rate in effect. Said fees include, but are not limited to 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 f_. 11t11rP fPPC I TrnnQ,]r� nC 1-.. rr4 4- Y 1: a. .1 _ _ . _ _ __ - -- .. u1 —1 � i1 .11.J .J IJlC discretion so long as said fee is imposed on similarly situated properties. 13. Parks: Prior to issuance _of__ Zonina__Ciggr4Dice__fgr -a building permit, the applicant shall submit to the 00( O44- Resolution No. PC -2005- Page 13 the year of this approval, and annually thereafter, the fee shall be increased to reflect the change in the Caltrans Highway Bid Price (OR Engineering News Record Construction Index) 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. 20. 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. 21. 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. 22. Schools: Prior to issuance of building building, the applicant shall provide wri Community Development Department that all school impact fees applicable at the time building permit have been paid to the School District. permits for each tten proof to the legally mandated of issuance of a Moorpark Unified 23. 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. 24. 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 00604G Resolution No. PC -2005- Page 14 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 25. 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). 26. 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. 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. CABLE TELEVISION 28. 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. 29. 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 0V.004T Resolution No. PC -2005- Page 15 contained within the Project), the Home Owners Association (HOA) shall pay monthly to City an access fee of five (5 %) percent 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. 30. 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 31. Prior to or concurrently with the first Final Map approval the applicant shall enter into an Affordable Housing 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 (15 %) 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. 32. 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. 33. 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 006048 Resolution No. PC -2005- Page 16 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 34. The Building Plans shall be in substantial conformance to the plans approved under this entitlement and shall specifically reflect the following: a. 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. 35. 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. 36. 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. 37. A minimum twenty (20') foot by twenty (20') foot 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 (12') foot wide by twenty (20') foot deep clear and unobstructed area. Steel, aluminum clad or fiberglass roll -up garage doors shall be provided. Garage doors shall be a minimum of sixteen (16') feet wide by seven (7') feet high for double doors and nine (9') feet wide by seven (7') feet high for single doors. A minimum twenty (20') foot long concrete paved driveway shall be provided in front of the garage door outside of the street right -of -way. 38. All homes /units shall be constructed employing energy saving devices. These devices shall include, but not be 0000 -.9 Resolution No. PC -2005- Page 17 limited to ultra low flush toilets (to not exceed 1.6 gallons), low water use shower controllers, natural gas fueled stoves, pilotless ovens and ranges, electric ovens, night set back features for thermostats connected to the main space- heating source, kitchen ventilation systems with automatic dampers, 39. 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 40. The applicant agrees not to protest the formation of an underground Utility Assessment District. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 41. 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. Perimeter and common area 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. 42. 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 0001 so Resolution No. PC -2005- Page 18 Development Director. The sign shall be installed concurrent with perimeter project wall installation. 43. 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. 44. 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. 45. All required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 46. When available and allowed by law, 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. 47. 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. 48. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 49. 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. 006051 Resolution No. PC -2005- Page 19 C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 50. 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 level 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. 51. Prior to improvement plan approval the applicant shall obtain the written approval for the location of fire hydrants by the Ventura County Fire Prevention Division. (Water improvement plans shall be submitted to Ventura County Waterworks District No. 1 for approval.) 52. 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. 53. 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 04-H'052 Resolution No. PC -2005- Page 20 with an Air Quality Index of 151 or greater (Unhealthy or Very Unhealthy) has been issued for the Simi Valley /Moorpark Area, 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. 54. The applicant shall comply with Chapters 9.28, 10.04, 15.26, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 55. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence, or equivalent barrier around the construction sites or provision of a licensed security guard during non - construction hours, or other means acceptable to the Chief of Police) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 56. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 57. 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. 58. 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. (�� �_ 053 Resolution No. PC -2005- Page 21 FINAL MAP 59. 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. 60. 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 (50%) percent of the faithful performance surety. PUBLIC AND PRIVATE STREETS 61. Prior to construction of any public improvement the applicant shall submit to the City Engineer, for revi.ew 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. 62. Prior to issuance of the first building permit all existing and proposed electric utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. DRAINAGE AND HYDROLOGY 63. 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. Resolution No. PC -2005- Page 22 64. 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) 65. 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. 66. 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 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. 67. Prior to the starting of grading or any ground disturbance the applicant shall identify a qualified superintendent for Resolution No. PC -2005- Page 23 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 400 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 68. 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. 69. 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. 70. 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. 71. 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. 72. 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 0 "COSG Resolution No. PC -2005- Page 24 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. 73. 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. 74. 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: 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 006057 Resolution No. PC -2005- Page 25 pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.]; 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: 75. 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: 76. 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 77. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road 00;058 Resolution No. PC -2005- Page 26 pavement shall be installed. Once combustible construction starts a minimum twenty (20') foot 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 (40') feet. 78. 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 (5 %) percent cross slope in any direction and shall be located within one - hundred -fifty (150') feet of the end of the access road /driveway. 79. The access road /driveway shall be extended to within one - hundred -fifty (1501) feet 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. 80. When only one (1) access point is provided, the maximum length shall not exceed eight- hundred (8001) feet. 81. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 82. 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 83. 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. 84. At least fourteen (14) days prior to recordation of any maps, including parcel map waivers, the applicant shall submit two (2) copies of the map to the Fire Prevention Division for approval. Resolution No. PC -2005- Page 27 85. Within seven (7) days of the recordation of the Final Maps) an electronic version of the map shall be provided to the Fire District. 86. 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 87. 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. 88. Minimum six (6 ") inch 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 (150') feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 89. 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. 90. 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. 91. 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. 92. 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. 93. Prior to or concurrently with the issuance of a building permit the applicant shall submit plans to the Fire 000060 Resolution No. PC -2005- Page 28 District showing the location of the existing hydrants within three - hundred (300') feet of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrant (s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -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. 94. 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. 95. 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. 96. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 97. 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." 98. Prior to framing the applicant shall clear for a distance of one - hundred (100') 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: 99. 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. 100. Prior to issuance of a building permit, provide Ventura County Waterworks District: 0 000CI Resolution No. PC -2005- Page 29 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. 101. 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: 102. 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: 103. 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 - ()()4_ ;06-> ITEM: 8.B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire t Prepared by Joseph Fiss, Principal Planner DATE: April 20, 2005 (PC Meeting of 04/26/05) SUBJECT: Consider Residential Planned Development Permit No. 1994- 01; Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Map No. 5464 for Thirty - six (36) Single - family Residential Homes on 28.69 acres, North of Championship Drive, and West of Walnut Canyon Road, on the Application of Toll Brothers, Inc. BACKGROUND On March 22, 2005, the Planning Commission opened the public hearing and took public testimony on this project (staff report attached). The public hearing was continued to April 26, 2005, in order to assess public comments and allow completion of the 30 -day comment period on the Mitigated Negative Declaration which extended from March 28, 2005 to April 26, 2005. As of the writing of this report, no comments on the proposed Mitigated Negative Declaration have been received. DISCUSSION At the March 22, 2005 public hearing for this project, several members of the public commented on the project. The most substantive concerns were related to typical impacts created by new development, including aesthetics, traffic, and density. The impacts of these concerns had been previously addressed in the Initial Study and Conditions of Approval; however, the applicant has provided further revisions and commitments to increase the level of mitigation of these issues. The applicant has provided cross section drawings of the development area to show the view shed of the new homes in relation to adjacent streets. These drawings show that there will be a negligible change in the view from adjacent public streets (Attachment 2) . \ \Mor pri_sery \City Share \Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01; TR 5464 \Agenda Rpts \PC Agenda Report.042605.doc Honorable Planning Commission April 26, 2005 Page 2 This project is proposed to be part of the existing Homeowners Association and there will be a minor increase in the use of existing private streets and facilities as a result of the additional residents using shared recreational facilities. Traffic will also increase on Championship Drive and other local streets; however mitigation measures have been included to assure that this impact will be less than significant. If traffic warrants are met, additional stop signs will be provided on Championship Drive, at the developer's expense. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: 1. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.3 units per acre. 2. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.3 units per acre. 3. 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. 4. The site is physically suitable for the proposed density of development, in that the design provides for large graded pads for the proposed houses. 5. 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. 6. 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. 7. 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 these easements have been identified and incorporated in the design of this project. 0060V4 Honorable Planning Commission April 26, 2005 Page 3 8. 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. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. The following findings are offered for the Modification to the Residential Planned Development Permit: 1. The project does not involve a substantial or fundamental change in approved Residential Planned Development Permit No. 1994 -01 in that the proposed site design, including structure, location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the site design approved in Residential Planned Development Permit No. 1994 -01 and the project will use the same Design Guidelines; 2. The project would not have an adverse impact on surrounding properties in that the proposed use is consistent with the existing residential neighborhood, a setback has been provided from agricultural uses to the north, and adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request and the use proposed is similar to adjacent uses, and access to or utility of those adjacent uses are not hindered by this project; and 3. The project would not change any of the environmental findings contained in the Environmental Impact Report prepared for Residential Planned Development Permit No. 1994 -01 in that a Mitigated Negative Declaration has been prepared for the modification, demonstrating that the modification, with the incorporation of mitigation, will not result in any significant environmental effects. STAFF RECOMMENDATION 1. Continue to take public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending adoption of a Mitigated Negative Declaration and recommending approval of General Plan Amendment No. 2003 -04, Zone Change No. 2003 -03, Tentative Map No. 5464, and Residential Planned Development Permit No. 1994 -01 Modification No. 6. 000065 Honorable Planning Commission April 26, 2005 Page 4 ATTACHMENTS: 1. Reduced Tentative Map 5464 2. Cross Sections 3. Planning Commission Agenda Report of March 22, 2005 (without draft City Council resolutions and ordinance). 4. Draft Planning Commission Resolution LOT AREAS �r1 9xn rAnAa ;i° as y= X w It 22- xm ZZ / x aa°axa �._ W VA v tiav a i PC ATTACHMENT 1 i +wawa -.w wne awwsa: ,nav waw cc maaa. aury a .vv.cw,o,.oio ama s.u+xiuou x ueao- aac«awa aav� .Ama. W w �x d !1!'�l�IR71 A v MOORPARK 1 COUNTRY CLUB ESTATES AT MOORPARK EAST Tentative Tract 5464 980 - - - I - - -- 980 955 _ - 955 gio 905 880 880 8.55 855 8m - -- --- .w °. 8JO 805 180 780 755 7-5,5 XCI&W (AWE hWX LOG naVS ARE SO"AW) 912 912 887 887 862 862 837 8J7 812 812 787 737 T —. ElRr, (ROLE' fla1M-LOr4flaWAWSLIGMnC) PC ATTACHMENT 2 (koA!--! Z" =-= yt Y CLUB ESTATES ORPARK EAST ve Tract 5464 �ra� M�.a�3 MOORPARK PLANNING CO1rUSSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direct? Prepared by Joseph Fiss, Principal Planner DATE: March 1, 2005 (PC Meeting of 03/22/05) SUBJECT: Consider Residential Planned Development Permit No. 1994- 01; Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Map No. 5464 for Thirty - six (36) Single - family Residential Homes on 28.69 acres, North of Championship Drive, and West of Walnut Canyon Road, on the Application of Toll Brothers, Inc. (Assessors Parcel Number 502 -0- 150 -03) BACKGROUND This project is proposed in conjunction with the existing Country Club Estates Project. The existing project consists of two- hundred- sixteen (216) single- family dwellings and twenty -seven (27) holes of golf, with a clubhouse and maintenance facilities, located at the northern City limits on the west side of Walnut Canyon Road and extends westerly to include frontage on Grimes Canyon Road. The original project (RPD No. 1994 -01, Conditional Use Permit No. 94 -01, Vesting Tentative Tract Map No. 4928, General Plan Amendment No. 94 -1, and Zone Change No. 94 -1) was approved on April 17, 1996. Several modifications have been approved relating to the number of golf course holes, timing of improvements and landscaping, fencing and clubhouse requirements. A subsequent General Plan Amendment and a Zone Change were approved to align land use designation and zoning boundaries with tract boundaries, and to clarify set backs for ornamental orchards. The City Council approved Minor Modifications to clarify conditions of approval on July 2, 2003. A Conditional Use Permit to allow the sale of liquor in conjunction with the golf course and clubhouse was approved on August 20, 2003. Toll Brothers, Inc. filed an application for this project on December 23, 2003. Changes in the General Plan Designation from \ \mor _pri_sery \City Share \Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD TR 5464 \Agenda Rpts \PC Agenda Report.032205.doc PC ATTACHMENT 3 000 I Honorable Planning Commission March 22, 2005 Page 2 Rural Low Residential (RL) , Medium Low Residential (ML) and Open Space -2 (OS -2) to Medium Low (ML) and Open Space (OS) and a change in Zoning from RE (Rural Exclusive) -5 acre minimum lot size, Residential Planned Development and Open Space - 500 acre minimum (OS- 500ac) to Residential Planned Development (RPD) and Open Space - 500 acre minimum (OS- 500ac) are requested for the development of thirty -six (36) single family homes. It should be noted that seven of these lots are being reconfigured from the existing Tract No. 4928 for a net increase in the Country Club Estates development of twenty -nine (29) lots. This application is being processed concurrently with a RPD No. 2003 -04 and Tentative Tract No. 5463. Portions of the analysis are cumulative; however, each is a stand- alone project, to be evaluated on its own merits. DISCUSSION Project Setting Existing Site Conditions: The proposed project is located on 28.69 acres located on the north side of Championship Drive, west of Walnut Canyon Road (Attachment 1). An Initial Study and Draft Mitigated Negative Declaration have been prepared for this project (Provided to the Commission under separate cover.). The project site is hilly with steep gradients rising from the roadways. Elevations range from approximately 840 to 920 feet above MSL. This site is largely in use as an estate residence. Good quality coastal sage scrub remains on slopes above the home and yard, and west and south of the parcel. In the remainder of the site, native vegetation has been eliminated by brush clearing, conversion to residential and ornamental uses, and ongoing clearance for fire safety. No special- status plants were located on the Mazur site. The project site is located in the northernmost part of the City of Moorpark. North of the project site, in unincorporated Ventura County, are mainly agricultural lands. To the east of the site is Walnut Canyon Road, and beyond, a similar ranch estate. South of the site are residences of the Moorpark Country Club Estates. Open space and a future residential area of the Country Club Estates project are to the west. Previous Applications: There have been no previous applications submitted for this site. ooc "O °c o Honorable Planning Commission March 22, 2005 Page 3 General Plan and Zoning Consistency: The applicant is concurrently requesting a General Plan Amendment and Zone Change for this project. The current General Plan designations of the site are Rural Low Residential (RL) , Medium Low (ML) and Open Space -2 (OS -2). The current Zoning designation is RE (Rural Exclusive) -5, Residential Planned Development (RPD) and Open Space - 500 acre minimum (OS- 500ac) . The applicant is proposing to change the General Plan designation for the residential portion of the site to Medium Low (ML) and Open Space (OS) and the Zoning to Residential Planned Development (RPD) and Open Space - 500 acre minimum (OS- 500ac). The proposal would result in a gross density of 1.3 dwelling units per acre for the entire site before dedication of streets. The requested zoning designation of RPD would accommodate the proposed density and be consistent with the zoning of the adjacent approved Planned Development. The General Plan designation of Medium Low (ML) allows a maximum density of 2.0 dwelling units per acre. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Rural Low Residential One Residence and Site (RL), Medium RE -5ac, RPD One Guest House, Low (ML) and and OS -500 Graded areas, Open Space -2 landscaped areas (OS -2) North Agricultural Agricultural Agricultural - Exclusive Medium Low -- -- - - -- South and Open RPD and OS Residential Space East Agricultural Agricultural Ranch /Estate Exclusive Medium Low West and Open RPD and OS Residential /Open Space pace 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; 0000,71 Honorable Planning Commission March 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 5. A more varied, attractive and energy- efficient living environment, as well as, greater opportunities for recreation than would be possible under other zone classifications. The project as proposed is not consistent with the City's Hillside Management Ordinance (Chapter 17.38 MMC). Chapter 17.38.030 (m) of the Zoning Ordinance provides an exemption for properties having development agreements that exempt them from the provisions of this chapter. Further discussion of this issue is provided in the Analysis section of this report. Project Summary Tentative Tract Map No.5464: Parcel No. Size (in acres) Size (in sq. ft.) 1 -36 Average (Residential) 0.44 19,277 Largest Lot 1.30 56,701 Smallest Lot 0.33 14,292 All Res. Lots 15.48 674,308.8 A (Detention) 0.47 20,473.2 B (Water Reservoir) 1.70 74,052 C (Open Space) 9.24 402,494.4 D (Streets) 1.80 78,408 Total 28.69 1,249,736.4 Planned Development Permit No. 1994 -01; Modification 6: Parcel Proposed Use 1 -36 Residential Lots A On Site Detention B Water Reservoir C Open Space D Internal Private Streets 0000 <02 Honorable Planning Commission March 22, 2005 Page 5 Proposed Project Architecture /Setbacks: Toll Brothers, Inc. is proposing to build the same product as they are currently producing on Tract No. 4928. The production of these homes by Toll is a "semi- custom" approach, whereby each buyer picks their own lot and a floor plan, elevation, and colors from several options. Further discussion of the architecture takes place in the analysis section of this report. Circulation: The proposed project would be accessed through a private street from an existing gated private street, Sarazen Drive, which connects to Championship Drive. Homes will take access from three (3) interior private streets, including a looped street from Sarazen Drive to Palmer Drive, and a small cul -de -sac. Vehicles will be able to enter the site via Championship Drive from either Walnut Canyon Road or Grimes Canyon Road. Traffic: A traffic analysis was prepared by Austin -Foust Associates, Inc. in November 2004. A copy of this report can be found in Appendix J of the Initial Study for this project. This project was analyzed in conjunction with the application for Tentative Tract Map No. 5464 and included analysis of 17 related projects. Summarily, the existing plus project analysis indicates that in conjunction with the 17 related projects the proposed project is considered to contribute to the cumulative short -range (2007) need for improvements at the Grimes Canyon Road /Los Angeles Avenue intersection which is a County intersection. However, the project's incremental impact on short -range (2007) traffic conditions would be addressed by the project's participation in the County's Traffic Impact Mitigation Fee Program and therefore, would not be considered cumulatively considerable. In the long -range (2020) future traffic conditions, the project in conjunction with the 17 related projects would also contribute to the cumulative need for the long -range (2020) Moorpark circulation improvement program. The proposed project would be required to implement the identified non - committed improvements in the City of Moorpark on a fair share basis. As a result, the project's incremental impact on long -range future traffic conditions in the City of Moorpark would not be cumulatively considerable. If approved, mitigation measures from the Initial Study will be incorporated into the project as Conditions of Approval. 0060,E a3 Honorable Planning Commission March 22, 2005 Page 6 Landscaping: Landscaping for this project will consist of two types. Common area landscaping will be provided in open space and slope areas and private landscaping in front and rear yards will be provided by individual homeowners. The majority of the site will be graded and thus, introduced landscaping will be required for slope stabilization. Ungraded areas will remain natural, on a case -by- case basis. All landscaping will be required to be consistent with the City's Landscape Guidelines. 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, to the maximum extent feasible as determined by the City, 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, in conjunction with Tentative Tract No. 5463 will produce 19.25 pounds of NOX per day, which is not in excess of the allowable 25 pound threshold, providing a conclusion that there will not be an impact on regional air quality as a result of these individual projects. However, since this project will be constructed in conjunction with the existing development, it would be appropriate to provide mitigation consistent with the existing development, pay a fee in lieu of mitigation at the time of building permit issuance. A special condition of approval will be included regarding the payment of Traffic Systems Mitigation fees for air quality purposes. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Hillside Management Ordinance • Architecture • Models 006017-1 Honorable Planning Commission March 22, 2005 Page 7 • Hillside Management Ordinance As mentioned above, the project as proposed is not consistent with the City's Hillside Management Ordinance (Chapter 17.38 MMC). The majority of the site will be mass - graded to create streets and pads. The cut and fill on site will be balanced. Under the Hillside Management Ordinance, this project would be required to provide 5.9 acres of ungraded open space on site. The applicant is proposing to maintain 1.4 acres of open space on site (Attachment 3 D and E) . This has been found to be a potentially significant environmental issue, unless mitigated off -site. On -site mitigation is preferred but not feasible with this proposed project. Since off -site mitigation is the only option in this instance, an increased amount of open space must be provided, over and above that required by the Code. Staff has determined that a ratio of four (4) acres of off -site ungraded open space must be provided for every one (1) acre of required ungraded open space. Since there is a deficit of 4.5 acres on site, 18 acres of ungraded open space must be provided for off -site mitigation. This open space can be physically provided, or a fund could be established through the City for this purpose. This is discussed in detail in the Initial Study. Chapter 17.38.030 M. allows the City to approve a development agreement to exempt a project from the requirements of the Hillside Management Ordinance. The applicant will be requesting a development agreement for this project, and has indicated that such an exemption will be requested. The Planning Commission, in their recommendation, should consider that as it is proposed, this project does not at all comply with the Hillside Management Ordinance. The Planning Commission will have an opportunity to review and make a recommendation on the development agreement, in which this issue will be discussed in detail. • Architecture Staff recommends incorporating the Architectural Design Guidelines from the original project by reference, as a condition of approval with final approval by the Community Development Director. The Design Guidelines have been an invaluable tool for staff throughout the development of the Moorpark Country Club Estates project. These guidelines outline the allowable architectural styles, floor plans, colors, setbacks and development restrictions for the individual lots. The design guidelines allow for diversity in architecture, while controlling the overall theme of a semi -rural country club environment. Monotony is reduced through a variety of allowable front setbacks, none less than twenty -five feet (251), and a restriction that disallows identical homes adjacent to each other. By allowing for a combination of floor plans, elevations, Honorable Planning Commission March 22, 2005 Page 8 and colors, there are an almost endless number of options for homebuyers. All of the elevations include tile roofs, brick or stone facades, large entries and substantial articulation. Large side and rear setbacks are provided on large, wide lots, also allowing for enhanced architectural opportunities, and in most cases, eliminating a "garage forward" design on most floor plans. Gates, walls, fences, and any accessory structures will be required to be consistent with the existing Moorpark Country Club Estates, but may have some unique characteristics, identifying this as its own neighborhood. • Models The applicant has been requested to provide a topographic model of the site, consistent with the City's policy and practice. Topographic models are requested of hillside projects for use as analytic tools when evaluating effects upon the hillside from grading and to evaluate effects upon views to and from neighboring properties. The applicant has informed us that this model is being prepared, but is not available as of the writing of this staff report. Staff requested preparation of the model to provide the City and the public with a better idea of what the end product, if approved, would look like. Because the model has not been available, and because the comment period for the environmental documentation has not yet begun, staff is recommending that action by the Planning Commission be deferred until the April 26, 2005 meeting. DEVELOPMENT AGREEMENT Toll Brothers, Inc. will apply for a development agreement pursuant to Government Code Section 65864 et sec.. and Moorpark Municipal Code Chapter 15.40 prior to Council consideration of this project. The development agreement is needed to address the Hillside Management Ordinance and other development issues. A City Council Ad -hoc Committee will be established to develop a draft development agreement which would be presented to the Planning Commission as a separate item at a future meeting if so directed by the City Council. Findings The following findings are offered pursuant to the requirements of the Subdivision Map Act: 1. The proposed map would be consistent with the City of Moorpark General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.3 units per acre. 000077 Honorable Planning Commission March 22, 2005 Page 9 2. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.3 units per acre. 3. 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. 4. The site is physically suitable for the proposed density of development, in that the design provides for large graded pads for the proposed houses. 5. 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. 6. 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. 7. 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 the improvement of Fremont Street and for the site to the east have been identified and incorporated in the design of this project. 8. 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. 9. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir. The following findings are offered for the Residential Planned Development Permit: 1. 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 in that the site design is consistent with modern development techniques, and the Honorable Planning Commission March 22, 2005 Page 10 development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed; 2. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request and the use proposed is similar to adjacent uses, and access to or utility of those adjacent uses are not hindered by this project; and 3. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the surrounding, existing and future development includes single - family, detached homes of similar density. 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). Since this project includes a General Plan Amendment, Zone Change, and development agreement, which are legislative matters, it is not subject to processing time limits. 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 00001,73 Honorable Planning Commission March 22, 2005 Page 11 documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or 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, with the incorporation of mitigation measures identified in the Initial Study as conditions of approval, 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. A copy is attached under separate cover for Planning Commission review and consideration. A 30 -day comment period on the Mitigated Negative Declaration will begin within a few days after the Planning Commission meeting. STAFF RECObIldENDATION Open the public hearing, accept public testimony and continue the agenda item with the public hearing open to April 26, 2005. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. General Plan Amendment Map B. Zone Change Map C. Tentative Tract Map D. Cut and Fill Map E. Hillside Management Exhibit Note: Architectural Design Guidelines and Initial Study and Mitigated Negative Declaration have been provided to the Planning Commission under separate cover. Copies of these documents are available in City Hall. E�6�0 v 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. 6 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 1994- 01, GENERAL PLAN AMENDMENT NO. 2003 -04, ZONE CHANGE NO. 2003 -03, AND TENTATIVE MAP NO. 5464 TO ALLOW AN EXPANSION OF THE COUNTRY CLUB ESTATES PROJECT ON 28.69 ACRES, CONSISTING OF THIRTY -SIX (36) SINGLE - FAMILY RESIDENTIAL HOMES, LOCATED ON THE NORTH OF CHAMPIONSHIP DRIVE, WEST OF WALNUT CANYON ROAD, ON THE APPLICATION OF TOLL BROTHERS, INC. WHEREAS, at duly a noticed public hearing on March 22, 2005 and April 26, 2005, the Planning Commission considered Residential Planned Development Permit No. 1994 -01 Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Map No. 5464 to allow an expansion of the Country Club Estates Project on 28.69 acres, consisting of thirty -six (36) single- family residential homes, located on the north of Championship Drive, west of Walnut Canyon Road, on the application of Toll Brothers, Inc.; and WHEREAS, at its meetings of March 22, 2005 and April 26, 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 DOCUMENTATION: The Planning Commission has reviewed and considered the Initial Study and Mitigated Negative Declaration prepared for the project in compliance with the California Environmental Quality Act (CEQA) and City Policy. SECTION 2. MODIFICATION TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD 94 -01; TR 5464 \Reso- Cond \PC Reso 050426.doc PC ATTACHMENT 4 00f 0SO Resolution No. PC -2005- Page 2 findings in accordance with City of Moorpark, Municipal Code Section 17.44.100: A. The project does not involve a substantial or fundamental change in approved Residential Planned Development Permit No. 1994 -01 in that the proposed site design, including structure, location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the site design approved in Residential Planned Development Permit No. 1994 -01 and the project will use the same Design Guidelines; B. The project would not have an adverse impact on surrounding properties in that the proposed use is consistent with the existing residential neighborhood, a setback has been provided from agricultural uses to the north, and adequate provision of public access, sanitary services, and emergency services have been ensured in the processing of this request and the use proposed is similar to adjacent uses, and access to or utility of those adjacent uses are not hindered by this project; and C. The project would not change any of the environmental findings contained in the Environmental Impact Report prepared for Residential Planned Development Permit No. 1994 -01 in that a Mitigated Negative Declaration has been prepared for the modification, demonstrating that the modification, with the incorporation of mitigation, will not result in any significant environmental effects. SECTION 3. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached special and standard 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 would be consistent with the City of Moorpark General Plan and Zoning Ordinance, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.3 units per acre. B. The design and improvements of the proposed subdivision would be consistent with the City of Moorpark General Plan, if amended by General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03, to allow for a density up to 1.3 units per acre. 0000-8- 1. Resolution No. PC -2005- Page 3 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, in that the design provides for large graded pads for the proposed houses. 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. 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 these easements 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. SECTION 4. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission recommends to the City Council: A. Adoption of the Mitigated Negative Declaration prepared on behalf of this project; B. approval of General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03 for the area covered by Tentative Tract Map No. 5464; C. approval of Modification No. 6 to Residential Planned Development Permit No. 1994 -01, 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; and Resolution No. PC -2005- Page 4 D. approval of Tentative Tract Map No. 5464 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. 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 March, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 000083 Resolution No. PC -2005- Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR MODIFICATION NO. 6 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO.1994 -01 AND TENTATIVE TRACT MAP NO. 5464 SPECIAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5464 1. 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. 2. Up to a maximum of thirty -six (36) dwelling units may be developed under this entitlement. 3. Within thirty (30) calendar days of submittal of the first plan check of the Final Map the applicant shall provide a copy of the Covenants, Conditions, and Restrictions to the Community Development Director and City Attorney for review and approval to ensure consistency with the Moorpark Municipal Code, Tentative Tract Map No. 5464 and Modification No. 6 to Residential Planned Development Permit No. 1994 -01 as conditioned. Submittal shall include a $5,000.00 deposit to be used for the City Attorney's cost of review. 4. The applicant shall provide, as part of the street improvement plans, a public service easement within the private streets, subject to approval of the Community Development Director and City Engineer. 5. Prior to the first occupancy, the Developer shall request the City to adopt a resolution authorizing enforcement of applicable provisions of the California Vehicle Code and Moorpark Municipal Code on the private streets. 6. The Developer shall comply with all mitigation measures of the Mitigated Negative Declaration. Said mitigation measures are hereby adopted by reference and made conditions of approval. Resolution No. PC -2005- Page 6 7. A Traffic Systems Management fee shall be paid, on a per home basis, consistent with such fee paid for Tract 4928, or in effect at the time of building permit issuance, whichever is higher, unless modified by separate agreement. 8. The Developer shall improve both sides of Walnut Canyon Road to its ultimate right -of -way from Championship Drive to northern City limits, including undergrounding of all utilities on both sides of the road. The developer shall pay all City costs for acquisition of the properties needed for construction of these improvements including but not limited to legal, engineering, planning, and appraisal costs in addition to the costs for acquisition of properties. Fifteen percent (150) shall be added to all City out -of- pocket expenses for the acquisition costs, excluding the actual cost of the properties. Such improvement shall be completed within ninety (90) days of obtaining the real property needed for said improvement. 9. Sidewalks shall be provided on both sides of all private streets within the tract. 10. The Developer shall ascertain the adequacy of the existing lift stations to handle the flows from the addition of the dwelling units and make all required upgrades /improvements and submit hydraulic analyses by a registered civil engineer to determine the adequacy of the proposed and existing sewer lines. 11. The Developer shall provide a point of connection for the water system at the north end of the development to "loop" the system. 12. The Developer shall upgrade the existing Well #15 site by providing housing for the existing emergency generator to abate noise. 13. Any existing septic systems shall be properly abandoned in accordance with law. 14. Water impoundment(s) shall be maintained in a manner which will not create mosquito breeding sources and in compliance with the grading ordinance and the requirements of the City Engineer. 15. The applicant shall comply with all provisions of Chapter 17.38 (Hillside Management) of the Moorpark Municipal Code (MMC) unless waived by the adoption of a development agreement. 0060815 Resolution No. PC -2005- Page 7 16. All lots shall be made a part of the Landscape Maintenance District for Championship Drive and the Multi - purpose trail. 17. Should the Fire Department abandon the helipad facility on the north side of RPD 1994 -01 prior to occupancy of the last home of this subdivision, a recreation area shall be constructed to the satisfaction of the Community Development Director. Such recreation area shall be operational prior to occupancy of the final home in RPD 1994 -01 and shall be made available to all residents of said RPD. SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 6 TO RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO.1994 -01 1. This planned development permit shall expire two (2) years 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. 2. The Country Club Estates Architectural Guidelines as approved shall be adopted herein by reference. 3. Any minor changes proposed to the Architectural Guidelines shall be considered by the Community Development Director upon filing of a Permit Adjustment application and payment of the fee in effect at the time of application. 4. Any proposed substantive or wholesale change to Architectural Guidelines shall be considered by the City Council upon filing of a Modification application and payment of the fee in effect at the time of application. 5. All Conditions of Approval for RPD No. 1989 -01 are incorporated by reference in this approval letter and shall continue to apply unless specifically modified by this permit. O0 (-xOSSG Resolution No. PC -2005- Page 8 6. Prior to occupancy of the twenty -fifth (25th) home, a City Entry Monument sign shall be provided on site, on the west side of Walnut Canyon Road. Such monument sign shall be designed and constructed by the developer and shall be maintained in perpetuity by the Homeowner's Association. The design of such monument sign shall be reviewed and approved by the City Council. 7. Prior to map recordation, the Developer shall obtain approval of a Fuel Modification Maintenance Program from the Ventura County Fire Protection District. 8. Concurrent with map recordation, a Conservation Easement, consistent with California Civil Code 815 et.seq., shall be granted to the City for those portions of the site zoned Open Space. STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 5464 AND MODIFICATION NO. 6 TO RESIDENTIAL PLANNED DEVELOPMENT 1994 -01 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 by reference and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 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 00608 Resolution No. PC -2005- Page 9 unlawful rules or regulations or orders of an authorized governmental agency. 5. All mitigation measures required as part of an approved Mitigation Monitoring and Reporting 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 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. ®0GOSS Resolution No. PC -2005- Page 10 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 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 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 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 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 0 (If00 9 Resolution No. PC -2005- Page 11 discretion so long as said fee is imposed on similarly situated properties. 13. 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, California Government Code and to the satisfaction of the Community Services Director. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 0'061®90 Resolution No. PC -2005- Page 12 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 shall be increased to reflect the change in the Caltrans Highway Bid Price (OR Engineering News Record Construction Index) 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. 20. 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. 21. 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. 22. Schools: Prior to issuance of building building, the applicant shall provide wri Community Development Department that all school impact fees applicable at the time building permit have been paid to the School District. permits for each tten proof to the legally mandated of issuance of a Moorpark Unified 23. 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. 24. 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 Resolution No. PC -2005- Page 13 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. 25. 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). 26. 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. 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. CABLE TELEVISION 28. 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. Q000, A2 Resolution No. PC -2005- Page 14 29. 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. 30. 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 31. Prior to or concurrently with the first Final Map approval the applicant shall enter into an Affordable Housing 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. 32. 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. 33. Prior to the recordation of the first Final Map for this project the applicant and the City shall execute an 006093 Resolution No. PC -2005- Page 15 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 34. 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. 35. 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. 36. 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. 37. 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. 38. A minimum twenty (20') foot by twenty (20') foot clear and unobstructed parking area for two (2) vehicles shall be Q0( Oe"l Resolution No. PC -2005- Page 16 provided in a garage for each dwelling unit. Single garages shall measure a minimum of twelve (121) foot wide by twenty (20') foot deep clear and unobstructed area. Steel, aluminum clad or fiberglass roll -up garage doors shall be provided. Garage doors shall be a minimum of sixteen (16') feet wide by seven (7') feet high for double doors and nine (9' ) feet wide by seven ( 7' ) feet high for single doors. A minimum twenty (201) foot long concrete paved driveway shall be provided in front of the garage door outside of the street right -of -way. 39. 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 gallons), low water use shower controllers, natural gas fueled stoves, pilotless ovens and ranges, electric ovens, night set back features for thermostats connected to the main space- heating source, kitchen ventilation systems with automatic dampers, 40. 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 41. The applicant agrees not to protest the formation of an underground Utility Assessment District. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 42. 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. Perimeter and common area 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 Oocc ow_ Resolution No. PC -2005- Page 17 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. 43. 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. 44. 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. 45. 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. 46. All required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 47. When available and allowed by law, 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. 48. 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 ®E 60—gG Resolution No. PC -2005- Page 18 shall be submitted to the Community Development Director and City Engineer for review and approval prior to the issuance of a building permit. 49. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 50. 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 51. 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 level 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. 52. Prior to improvement plan approval the applicant shall obtain the written approval for the location of fire hydrants by the Ventura County Fire Prevention Division. (Water improvement plans shall be submitted to Ventura County Waterworks District No. 1 for approval.) 0060917 Resolution No. PC -2005- Page 19 53. 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. 54. 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 with an Air Quality Index of 151 or greater (Unhealthy or Very Unhealthy) has been issued for the Simi Valley /Moorpark Area, 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. 55. The applicant shall comply with Chapters 9.28, 10.04, 15.26, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 56. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence, or equivalent barrier around the construction sites or provision of a licensed security guard during non - construction hours, or other means acceptable to the Chief of Police) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 57. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 58. 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. Resolution No. PC -2005- Page 20 Grading and improvements shall be designed, bonded and constructed as a single project. 59. 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 60. 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. 61. 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 62. 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 Resolution No. PC -2005- Page 21 improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. 63. Prior to issuance of the first building permit all existing and proposed electric utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. DRAINAGE AND HYDROLOGY 64. 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. 65. 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) 66. 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. 0061100 Resolution No. PC -2005- Page 22 67. 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 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. 68. 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 400 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 eight (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 69. 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. 70. 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. 0061101 Resolution No. PC -2005- Page 23 71. 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. 72. 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. 73. 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. 74. 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. 75. 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: 0"(11102 Resolution No. PC -2005- Page 24 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: 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.]; 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: 76. 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: 77. 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 X1.03 Resolution No. PC -2005- Page 25 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 78. 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 (201) foot 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 (40') feet. 79. 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 (1501) feet of the end of the access road /driveway. 80. The access road /driveway shall be extended to within one - hundred -fifty (150') feet 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. 81. When only one (1) access point is provided, the maximum length shall not exceed eight- hundred (800') feet. 82. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 83. 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. ®4141.0 Resolution No. PC -2005- Page 26 FINAL MAP 84. 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. 85. 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. 86. 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. 87. 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 88. 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. 89. Minimum six (6 ") inch 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 (1501) feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 90. 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. 91. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access ()v( -JJ0 Resolution No. PC -2005- Page 27 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. 92. 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. 93. 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. 94. 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 (3001) feet 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. 95. 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. 96. 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. 97. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. o o (� 0 (; Resolution No. PC -2005- Page 28 98. 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." 99. 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: 100. 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. 101. 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. 102. 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: 103. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. Resolution No. PC -2005- Page 29 I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 104. 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 - 0001-0113 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: April 20, 2005 (PC Meeting of 4/26/05) SUBJECT: Consider Commercial Planned Development No. 2004 -02 to Allow Construction of a 19,539 Square Foot Retail Commercial Shopping Center on Approximately 1.62 Acres on the Southeast Corner Of Los Angeles Avenue and Park Lane on the Application of Kylexa Enterprises, LLC. BACKGROUND On August 19, 2004, an application for Commercial Planned Development Permit No. 2004 -02 was submitted for construction of a shopping center on approximately a 1.62 acre vacant parcel at the southeast corner of Los Angeles Avenue and Park Lane. The applicant is proposing 19,539 square feet of floor area, including a covered dining area. DISCUSSION Project Setting Existinq Site Conditions: The existing site is a relatively flat, unimproved "L" shaped parcel which extends from Los Angeles Avenue on the north to Park Crest Lane on the south. The immediate corner of Los Angeles Avenue and Park Lane is developed with an existing bank building, under separate ownership, and will not be a part of this center. Vegetation on the site consists of brush and weeds. There are no mature trees on site. Previous Applications: There have been no applications previously submitted for this site. \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \C P D \2004 -02 Moorpark Grove (Kylexa) \Agenda Rpts \PC Agenda Report 042605.doc 0 0 C 0 9 Honorable Planning Commission April 26, 2005 Page 2 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site ... __._ ....... _ ....... _._ ............. _._._ ............................... C -2 .............. ................... ..... ----- .......................... CPD ................ -- ..... _ .............................. ---._ .................................. __.. Unimproved ..................................... -.-.__,.__ ............................................... --........................ North ...... . .... . .............. ._ ....... _ .......... _ ................ _............. C -2 ................................ _ .... ._ CPD Shopping Center .................... ------..._.. ......... _ ......................... _ - - -- ........_ ........ ...................... ... Senior Housing .........................._..._ _.._._. .................... . ................ ....... South - ... __._ ... _ ............................. V -H _ ............................... - -- -. ............... -...._............................... _ .... _ ................................... __..._.. RPD .............._................_.__..._..............................__..........................._...._.__...._.............. East ..... _ ....................................... _._...._.................... C -2 CPD Unimproved .............._...._._... - - - - -- - .... ----- ... _ ............................... ... _ ..... __._._._ ................................ _ . Commercial West C -2 CPD Center /Car Wash/ Church /Residence General Plan and Zonina Consistencv: The Zoning Ordinance requires City Council approval of Commercial Planned Development Permit for this project. The applicant's proposal is allowed in the CPD (Commercial Planned Development) Zoning Classification. Project Summary Commercial Planned Development Permit No. 2004 -02: Parcel Pad Proposed Use Building Area (sq. ft.) 1 A Restaurant /Patio Dining* 5,340 2 B Commercial 14,199 Total 19,539 - lncluaes square reet of patio dining area. Proposed Project Architecture: The architecture of the buildings is contemporary, with brightly - colored Mediterranean/ European features and finishes. This is appropriate for what could be referred to as a "boutique" or pedestrian oriented shopping center. Consideration in the design has been given for location of business signs. There are a variety of roof pitches and building articulation, which create visual interest. Accessory structures (trash enclosures) have been designed to match the center architecturally, and include painted roll up doors to fully screen the trash bins. QathnrL -c The minimum required building setback from Los Angeles Avenue is thirty (30') feet. Building "A" is proposed with a thirty (30') foot building setback from Los Angeles Avenue. An architectural Honorable Planning Commission April 26, 2005 Page 3 pergola and fountain are proposed within the front setback area. The CPD process allows for flexibility of setbacks, subject to design criteria. This is further discussed in the Analysis section of the report. The required setback for buildings on corner lots in the CPD Zone is five (5') feet. Circulation: Access to the site will be restricted to Park Lane. Due to the proximity of the existing bank driveway on Los Angeles Avenue to the Park Lane intersection, an additional curb cut will not be permitted on Los Angeles Avenue. The applicant has negotiated an access agreement with the owner /developer of the adjacent commercial property to the east, which is currently in the City's review process. This is discussed in the Analysis Section below. Parking: Pad Proposed Use Spaces Required Spaces Provided A ................. B Restaurant .......... _ ........... _ .... _ ....... _._ .... _ ............. . ............................ _ ... _ ..... _ .............. _ .... ------- ...... _ ............................... Retail 41 .... ............................... __.._ ...... _ .......................... _ ... .................................. -- 57 41 --- .................................... _.__ ...... _ .................................................... _....__.... 62 Total 98 103 The proposed restaurant includes a patio dining area of 1,235 square feet. Under the parking ordinance, no parking is required for outdoor dining areas. The applicant is providing five (5) extra parking spaces in the center. Parking issues are discussed in detail in the Analysis section of this report. Landscaping: The City has adopted landscape guidelines for commercial developments. The applicant has proposed a landscape theme consistent with the guidelines and with the proposed Contemporary /Mediterranean architecture. The City has discouraged the use of Palm trees because they are often not in keeping with the spirit of the overall landscape design of the City, which favors more native trees and trees that have been historically imported to this area. Frequently, however, the use of Palms is desired because they are a very "California" tree and complement "tropical" or "Mediterranean" landscape themes. Therefore, they are allowed as accent trees, but do not count towards minimum tree requirements, for shade purposes, or as parking lot trees. The landscape plan is subject to review by the City's landscape consultant, who will determine if the number and placement of all plant materials and irrigation is appropriate. 006,..1_i Honorable Planning Commission April 26, 2005 Page 4 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: All commercial /industrial projects are required to off -set air pollutants consistent with the 2003 Ventura County Air Quality Assessment Guidelines. Contribution to the Moorpark Traffic System Management Fund has been identified as a method to meet this requirement. ANALYSIS Issues Staff analysis of the proposed areas for Planning Commission to the City Council: • Circulation • Setbacks • Parking Circulation: project has identified the following consideration in their recommendation The applicant has negotiated an access agreement with the owner /developer of the adjacent commercial property to the east. This will allow customer traffic entering from Los Angeles Avenue to access this shopping center. The access agreement will allow encroachment of a portion of some parking spaces, and will allow access between the two properties for parking and circulation purposes. Though access would otherwise be allowed on Park Crest Lane, the applicant is also proposing a shared access with the property to the east. A condition of approval has been included which requires a mutual access agreement between the two properties, recorded prior to issuance of zoning clearance for grading. (An application has been submitted for a 74,818 square foot commercial center on the property to the east.) If the proposed shopping center to the east is not built concurrently with this project, the parking lot for this project will still provide Honorable Planning Commission April 26, 2005 Page 5 sufficient accessible parking. Setbacks: The Commercial Planned Development process allows for flexibility and creativity of development standards. In commercial projects, there is usually not a need or a desire to allow setbacks other than those required by code. However, in this case, the applicant is proposing an architectural pergola structure and a monument sign within the front setback on Los Angeles Avenue. Staff supports the concept of allowing the pergola, because it adds visual interest and articulation to the street scene. However, a monument sign in addition to the pergola at this location would create visual clutter, inconsistent with the design of the center and the goals of the Commercial Planned Development Zone. A condition of approval has been added, restricting the pergola to a fifteen (15') foot front setback from Los Angeles Avenue and prohibiting a monument sign within the required thirty (30') foot front setback. Parking: The proposed restaurant includes a patio dining area of 1,235 square feet. Under the parking ordinance, no parking is required for outdoor dining areas. One - hundred -three parking spaces are proposed for the entire center, which exceeds the required parking by five (5) parking spaces. In addition, the overall parking ratio for the center exceeds a ratio of five (5) parking spaces per one - thousand (1000) square feet, which is an industry- accepted standard for mixed use centers. Staff finds the parking provided sufficient for the center. No additional conditions are required for parking, provided that a minimum of ninety -eight (98) parking spaces are provided. Findings Commercial Planned Development Permit Findings: The following draft findings are provided for Planning Commission consideration: 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 other applicable regulations in that the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. Honorable Planning Commission April 26, 2005 Page 6 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 design includes provisions for reciprocal access with the property to the east and does not affect the use of the existing bank building west of the project site. C. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the proposed building colors and architecture are designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent properties. 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: March 21, 2005 Planning Commission Action Deadline: City Council Action Deadline: June 19, 2005 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 () 111 =I I Az Honorable Planning Commission April 26, 2005 Page 7 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 15332 (Class 32: In -Fill Development Projects) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOM4ENDATION 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 Commercial Planned Development Permit No. 2004 -02. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan With Data B. Enlarged Site Plan C. Building "A" Elevations D. Building "B" Elevations 4. Draft PC Resolution with Conditions of Approval Honorable Planning Commission April 26, 2005 Page 8 11 I M■ ■ illYl OJ X I It PC ATTACHMENT 1 IL a z 0 a 0 Honorable Planning Commission April 26, 2005 Page 9 PC ATTACHMENT 2 ro H H C� Z H W W PROJECT R ZEFRES EN TA T1 WETS DI ER MM XYLEM EWMPaM7E6 LLC MODgYRIC CA WWI K19114 : ALMW*r MW W-= F1CHrtFM PT AIN CRAP Ala: 1 CT6 7716 DAUE04 ME 1NK A CAM R'LM CA 7708 MAW MrMM (6661 AW2124 CM:. KVIUR Col LT6G °--d"m PA. OOw 162 WM16, CA 93066 FRED WN71AR(W5) 451 -Ce f T SITE PLAN T V G1111- FLAP Qa . -mT— 0\ ROOF 4 CpFFTUAL LIGHTING FLAN \ \�� x ?.w a' ✓'R3FV1 -,r al MOORPARK GROVE SHOPPING CENTER KYLEXA ENTERPRISES LLC LOS ANGELES AVE S PARK LANE 11175 LOPEZ COURT - H MOORPARK CA 93021 MOORPARK CA 93021 b >x w�o o LQ n �:j m H- o � w O N rnN N b O H O w Ui N' LQ n 0 0 Honorable Planning Commission April 26, 2005 Page 11 PC ATTACHMENT 3B XEYNOTW BLDG. A -tRAsi4 ENCLOSURE DETAILS 26`0 • r. . .. .. .. ..... .. ..... . ................. . . . . . . . . . . . . . . . . . . . . . . BIKE RACK DETAIL TRASH r4cLosiRE ELEvAliON DETAIL aD� MOORPARK GROVE SHOPPING CENTER LOS ANGELES AVE &PARK LANE MOORPARK CA 93021 KYLEM ENTERPRISES LLC 11175 LOPEZ COURT MOORPARK CA 53021 t-0 > x w ro 0 L � (D N 0 N) rd CD H CD UQ n 0 O Honorable Planning Commission April 26, 2005 Page 13 :r a�::'1l wca.i b �o igo i 00OFi�O0 ©OOOOOOOv"�O ,4 h� B; �t .i. z' mt z 4 F: LI g oS p° \t7 �e�e�e e � e e�o9ed�A ®f 11Itif Hitt A -11� ®fie 6 a N 3 s m 31 r �s PC ATTACHMENT 3D 4 w a �o ni Jj mi v In w ,1 i �g N p�,4a h"a 3 gy� 8� Dv(-j- RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT NO. 2004 -02 TO ALLOW CONSTRUCTION OF A 19,539 SQUARE FOOT RETAIL COMMERCIAL SHOPPING CENTER ON APPROXIMATELY 1.62 ACRES ON THE SOUTHEAST CORNER OF LOS ANGELES AVENUE AND PARK LANE ON THE APPLICATION OF KYLEXA ENTERPRISES, LLC WHEREAS, at a duly noticed public hearing on April 26, 2005, the Planning Commission considered Commercial Planned Development No. 2004 -02 for construction of a 19,539 square -foot shopping center on 1.62 acres on the southeast corner of Los Angeles Avenue and Park Lane on the application of Kylexa Enterprises LLC; and WHEREAS, at its meeting of April 26, 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; 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 15332 as a Class 32 exemption for in -fill development projects NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. COMMERCIAL PLANNED DEVELOPMENT PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: 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 \ \Mor— pri_sery \City Share \Community Development \DEV PMTS \C P D \2004 -02 Moorpark Grove (Kylexa) \Reso \PC Resolution.doc PC ATTACHMENT 4 000122 Resolution No. PC -2005- Page 2 ordinance, and other applicable regulations in that the proposed project meets or exceeds the Ordinance requirements for setbacks, parking, landscaping, and height, and meets or exceeds the existing General Plan and zoning designation requirements for the property. 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 design includes provisions for reciprocal access with the property to the east and does not affect the use of the existing bank building west of the project site. C. The proposed uses are compatible with existing and permitted uses in the surrounding area in that the proposed building colors and architecture are designed to blend in with the other existing commercial buildings and the proposed buildings are located in such a manner so as not to cause problems with the use of the adjacent properties. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2004 -02 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. 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. Resolution No. PC -2005- Page 3 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 26th day of April, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval Resolution No. PC -2005- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT (C PD) 2004-02 SPECIAL CONDITIONS 1. The landscape plan shall incorporate specimen size trees and other substantial features subject to the review and approval of the Community Development Director. 2. Earthen berms, hedges and /or low walls shall be provided where needed to screen public views of parked vehicles from adjacent streets subject to the satisfaction of the Community Development Director. 3. Prior to issuance of a grading permit, the Applicant shall provide an Irrevocable Offer of Dedication to the City of an easement for the purpose of providing ingress /egress access, drainage and parking to the adjacent property to the east. The City of Moorpark shall not assume any responsibility for the offered property or any improvements to the property until this action has been accepted by the City Council. If accepted by the City of Moorpark, this easement may be fully assignable to the property owner to the east of this property, as an easement appurtenant for parking, ingress /egress access purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of Dedication and other required appurtenant documents required to satisfy the above requirements shall be to the satisfaction of the Community Development Director, City Engineer and the City Attorney. 4. On -site sale of alcoholic beverages without prior approval of a Conditional Use Permit is prohibited. 5. The Applicant shall dedicate and improve the street frontage on Los Angeles Avenue, Park Lane and Park Crest Lane in accordance with the City's ultimate improvements for that location. 6. Prior to or concurrently with the issuance of a grading permit the Applicant shall provide the City with an agreement that will assure the City that the easement required as part of Condition No. 3 above shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be submitted to the City Engineer and City Attorney for review and approval. The agreement shall be a durable agreement, binding upon 4����12 Resolution No. PC -2005- Page 5 any future property owner or each lot of the development. The agreement shall include provisions for the owners to maintain any private storm drain or National Pollutant Discharge Elimination System (NPDES). 7. The proposed pergola shall be constructed no closer than fifteen (15') feet from the front (Los Angeles Avenue) property line. The precise design and location of the pergola shall be subject to review and approval of the Community Development Director. 8. No signs shall be allowed within the required thirty (30') foot front (Los Angeles Avenue) setback. STANDARD CONDITIONS GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 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. 3. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, 00c,12G Resolution No. PC -2005- Page 6 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. 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. 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. If any architectural 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 0001212 Resolution No. PC -2005- Page 7 applicant shall pay for all costs associated with the investigation and disposition of the find. 6. 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. 7. 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 the design guidelines. FEES 8. 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 Director 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 Subdivision. 9. 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 Director the Condition Compliance review deposit. 10. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Director, 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. 11. Parks: Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit to the Community Development Director Park and Recreation Fees in accordance with the Moorpark Municipal Code. For residential projects, the fees for affordable units may be established independent of the market rate units. 000123 Resolution No. PC -2005- Page 8 12. 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. 13. 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. 14. 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. 15. 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. 16. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Director the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. 17. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Director 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. 18. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Director the Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential projects, or by use for commercial and 000129 Resolution No. PC -2005- Page 9 industrial projects, based upon the effective date of approval of the subdivision. Commencing on the first of the year of this approval, and annually thereafter, the fee shall be increased to reflect the change in the Caltrans Highway Bid Price (OR Engineering News Record Construction Index) 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. 19. Area of Contribution: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Director 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. 20. Street Lighting Energy Costs: Prior to recordation of Final Map, the applicant shall pay to the Community Development Director all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 21. Schools: Prior to issuance of building building, the applicant shall provide wri Community Development Director that all school impact fees applicable at the time building permit have been paid to the School District. permits for each tten proof to the legally mandated of issuance of a Moorpark Unified 22. 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 Director. 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. (` 3: 10 Resolution No. PC -2005- Page 10 A. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 23. 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 industrial center architecture and the City's Sign Ordinance requirements. 24. For all flat roofed portions of buildings, a minimum eighteen (18 ") inch parapet wall above the highest point of the flat roof shall be utilized on all sides. 25. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit 26. Exterior downspouts shall not be permitted unless designed as an integral part of the overall architecture. 27. 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. 28. 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. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources are mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 29. 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 0"(11131 Resolution No. PC -2005- Page 11 landscaping as determined by the Community Development Director. 30. 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. 31. No exterior access ladders of any kind to the roof shall be permitted. 32. 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. 33. A Zoning Clearance shall be required for any re- striping of the parking area. All disabled parking spaces and paths of travel shall be re- striped and maintained in their original approved locations. 34. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 35. The Building Plans shall be in substantial conformance to the plans approved under this permit 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. 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. Resolution No. PC -2005- Page 12 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. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director and the City's Solid Waste Management staff prior to the issuance of a building permit. 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 and the City's Solid Waste Management staff. If drains from the disposal and recycling areas are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. 36. 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. 37. 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 PD and applicable Zoning Code requirements. OPERATIONAL REQUIREMENTS 38. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council. Qta 133 Resolution No. PC -2005- Page 13 39. 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. 40. 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 Planned Development Permit. 41. The applicant agrees not to protest the formation of an underground Utility Assessment District. 42. The continued maintenance of the permit area 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 after notification. 43. No noxious odors shall be generated from any use on the subject site. 44. 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. 45. Should this project not continue to meet these Conditions of Approval the Community Development Director may declare the project not to be in compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 46. 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 0 ()GI Resolution No. PC -2005- Page 14 contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 47. Prior to 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. 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. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. 49. 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. 50. 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 51. 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 the final grading plan in conformance with the City of Moorpark Landscape Guidelines and policies; including, but not limited to, all specifications and details and 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 0061.35 Resolution No. PC -2005- Page 15 planting areas consistent approval. Review by the Consultant and City Engineer, Development Director prior Clearance for building permit, with these conditions of City's Landscape Architect and approval by the Community to issuance of a Zoning is required. 52. 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. 53. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping (hereinafter "Parkway Landscaping ") constructed by the project, whether said Parkway Landscaping is within the street right -of -way or outside of the street right -of -way. Any Parkway Landscaping situated outside of the street right -of -way shall be within a landscape easement [herein "Landscape Easement "]. 54. Unless otherwise stipulated in the Special Conditions of Approval, all required on -site drainage improvements and /or stormwater quality [NPDES] features or facilities [herein "Drainage Improvements "] shall be maintained by the Private Responsible Party. 55. 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. 56. 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. 57. 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 Practices landscaped areas for infiltration and biological remediation or approved equals, shall be 0001 3G Resolution No. PC -2005- Page 16 installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 58. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 59. 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. B. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 60. Trash enclosures and /or open recycling areas shall be designed to have a cover, a drain to the sanitary sewer, impermeable pavement, and designed so no other area drains into it. The design shall meet the standards for the City of Moorpark and as approved by the City Engineer and Ventura County Waterworks District No. 1. 61. All on -site storm drains shall be 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. 62. 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 the requirements of the National Pollution Discharge Elimination System (NPDES). 63. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans Mylar® 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.) 64. 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 Resolution No. PC -2005- Page 17 agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer. 65. 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. 66. 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. 67. 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. 68. The applicant shall observe a 15 -mile per hour speed limit for the construction area. 69. The applicant shall comply with the City of Moorpark standard requirements for temporary storm water diversion structures during construction and grading. GRADING 70. 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 off -site 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 practices 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. 71. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to 0001133 Resolution No. PC -2005- Page 18 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. 72. If any hazardous waste or material is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Protection District, the Sheriff's Department, and the City Engineer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 73. All grading and drainage plans are subject to review of the City Engineer. The plans shall be prepared by appropriately registered professional engineers. 74. Prior to issuance of the grading permit, the applicant shall provide a grading remediation plan and report for approval of the City Engineer. The report shall evaluate all major graded slopes and open space hillsides whose performance could effect planned improvements. The slope stability analysis shall be performed for both static and dynamic conditions using an appropriate pseudo- static horizontal ground acceleration coefficient for earthquakes on faults capable of impacting the in accordance with standard practice as outlined in DMG Special Pub. 117, 1997. 75. During grading, the geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in -place material, and installation of all subdrains including their connections. All fill slope construction shall be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the City Engineer to be kept on file. Cuts and slopes shall be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the City Engineer shall be obtained prior to any modification. 76. Weekly progress reports and a grading completion report shall be submitted to the City Engineer by the project geotechnical engineers. These reports shall include the 006J Resolution No. PC -2005- Page 19 results and locations of all compaction tests, as -built plans of all landslide repairs and fill removal, including geologic mapping of the exposed geology of all excavations showing cut cross - sections and sub -drain depths and locations. The lists of excavations approved by the engineering geologist shall also be submitted. Building permits shall not be issued without documentation that the grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. 77. During grading, colluvial soils and landslide deposits within developed portions of the properties shall be re- graded to effectively remove the potential for seismically induced landslides in these materials. Additional buttressing, keying and installation of debris benches shall be provided in transition areas between non - graded areas and development as recommended in the final geotechnical reports of the project geotechnical engineer. 78. Prior to issuance of the grading permit, the geotechnical engineer shall evaluate liquefaction potential. Where liquefaction is found to be a hazard, the remediation plan shall provide effective measures to avoid and control damage. During construction, measures to reduce seismic liquefaction risks shall be employed as recommended in the approved remediation plan and associated geotechnical report, such as placement of a non - liquefiable cap over the alluvium, removal of the liquefiable soils, in -situ densification, or the excavation of a shear key below the base of the liquefiable zone. 79. The recommendations for site grading contained in the final geotechnical reports shall be followed during grading unless modifications are submitted for approval by the engineers -of -work and specifically approved in writing by the City Engineer. 80. Engineered fills shall be constructed to comply with the standards and criteria presented in the approved geotechnical report. The differential thickness of the fill under individual buildings shall be ten feet or less. These measures shall be verified by construction observation and testing by the project geotechnical engineer as outlined in the final geotechnical reports. 81. Additional analysis of the predicted total and differential settlements of the major fills at each site shall be performed by the project geotechnical engineer during the ®0-140 Resolution No. PC -2005- Page 20 final design stage. Possible measures such as surcharging, delaying construction for a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components may be required based on the settlement data. 82. Consistent with the final geotechnical reports, at a minimum the following measures shall be implemented during design and construction where appropriate to minimize expansive soil effects on structures. Potential foundation systems to include pier and grade beam; use of structural concrete mats and post- tensioned slabs; pad overcutting to provide uniform swell potential; and soil subgrade moisture treatment. 83. Prior to issuance of building permits, chemical testing of representative building pad soils shall be submitted to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures shall be implemented where appropriate to protect against corrosion: use of sulfate- resistant concrete and use of protective linings to encase metallic piping buried in soils warranting such measures. 84. Prior to issuance of the initial grading permit, the applicant shall hire a qualified Registered Civil Engineer to prepare Erosion and Sediment Control Plans in conformance with Ventura County NPDES Permit No. CAS 004002. These Plans shall address, but not be limited to construction impacts and long -term operational effects on downstream environments and watersheds. The Plans shall consider all relevant NPDES requirements and recommendations for the use of best available technology and specific erosion control measures, including temporary measures during construction, to minimize water quality effects to the maximum extent practicable. Prior to the issuance of the initial grading permit review and approval by the Community Development Director and City Engineer shall be required. 85. Prior to the import or export of any dirt a Haul Route Permit shall be required in conformance with the City of Moorpark standard requirements. 86. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures ®�� 141. Resolution No. PC -2005- Page 21 will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days except that during the rainy season these measures will be implemented immediately. 87. The maximum gradient for any slope shall not exceed a 2:1 (h: v) slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted a registered soils engineer and a licensed landscape architect will review plans and their recommendations will be subject to the review and approval of the City Engineer and the Community Development Director. 88. All graded slopes steeper that 5:1 (h:v) shall have soil amendments added, irrigation systems installed and be planted in a timely manner with groundcover, trees and shrubs (consistent with the approved landscape and irrigation plans) that will stabilize slopes and minimize erosion. Timely manner means that the slope soil amendments, irrigation systems and planting on each slope shall commence immediately upon the completion of the grading of each slope, that the completion of slope grading will not be artificially delayed and that the slope soil amendments, irrigation systems and planting shall be completed on a schedule commensurate with the grading. The planting will be to the satisfaction of the Community Development Director and the City Engineer. 89. Prior to approval of the grading plan, slough walls, approximately eighteen (18 ") inches high, with curb outlet drainage complying with requirements for NPDES best management practices shall be shown on the grading plans at all areas behind the back of the sidewalk where slopes exceeding 4 -feet in height are adjacent to the sidewalk and constructed outside the street easement. A V -ditch shall be provided behind the slough wall. The applicant shall use the City's standard slough wall detail. Construction details and materials shall be to the satisfaction of the City Engineer and Community Development Director. 90. Grading may occur during the rainy season from October lst to April 15th, subject to written approval by the City Engineer and timely installation of erosion control facilities. Erosion control measures shall be in place and functional between October 1st and April 15th. In order to start, or continue, grading operations between October 1st 000142 Resolution No. PC -2005- Page 22 and April 15th, erosion control plans that are project progress specific and that provide detailed best management practices for erosion control during the rainy season shall be submitted to the City Engineer no later than September 1st of each year that grading is in progress. No grading during the rainy season shall be permitted unless the City Engineer has approved erosion control plans required herein. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During the rainy season, October 1 through April 15, all graded slopes shall be covered with a woven artificial covering immediately after completion of each graded slope. Grading operations shall cease if the applicant fails to place effective best management measures on graded slopes immediately after construction. No slopes shall be graded or otherwise created when the three -day forecast for rain is twenty percent, or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the Community Development Director and the City Engineer. 91. During clearing, grading, earth moving, excavation, soil import and soil export operations the applicant shall comply with the City of Moorpark standard requirements for watering and dust control. 92. Backfill of any pipe or conduit shall be in 4 -inch fully compacted layers unless otherwise specified, in writing, by the City Engineer. 93. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two feet (21) of lift and one - hundred lineal feet (100') of trench excavated. Test locations shall be noted using true elevations and street stationing with offsets from street centerlines. 94. Concurrent with submittal of grading plans the applicant shall submit a geotechnical report in accordance with State law and the City of Moorpark standard requirements. 95. Prior to issuance of each building permit an as- graded geotechnical report and a rough grading certification for said lot shall be submitted by the Geotechnical Engineer for the approval of the City Engineer. 000143 Resolution No. PC -2005- Page 23 96. Prior to the approval of grading plans the applicant shall include on the grading plans entry walls and project identification signs in accordance with City standards. Landscaping, appropriate to the entry, shall be provided that will not interfere with sight- distance or turning movement operations. The final design for the project entrance shall be reviewed and approved by the Community Development Director and the City Engineer. 97. At least one week prior to commencement of grading or construction, the applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within 500 feet of the exterior boundary of the project site as shown, on the latest equalized assessment roll. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility, including the name of the contact responsible for maintaining the list. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24 -hour emergency number, shall be expressly identified in the notice. The notice shall be re- issued with each phase of major grading and construction activity. A copy of all notices shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed. PUBLIC AND PRIVATE STREETS 98. Prior to construction of any civil improvement the applicant shall submit 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 attached special conditions all streets shall conform to the design requirements of the Ventura County Road Standards (most recent edition) and the policies of the City of Moorpark (most recent version), including all applicable American Disabilities Act (ADA) requirements. Street improvement design and construction shall be acceptable to the City Engineer and Community Development Director. 00014`1 Resolution No. PC -2005- Page 24 99. Above ground obstructions (utility cabinets, mailboxes, etc.) shall be placed within the right -of -way landscaping areas. When above ground obstructions are placed within the sidewalk, a minimum 5.0 feet clear sidewalk width shall be provided around the obstruction. 100. Prior to final inspection of improvements original "as built" plans shall be certified by the applicant's Registered Civil Engineer and submitted with three sets of blue prints and the appropriate plan revision review fees to the City Engineer along with electronic files in a format satisfactory to the City Engineer. These "as built" plans shall incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto. The as built plans shall be "record drawings" on 22" X 36" Mylar® sheets (made with proper overlaps) with a City title block on each sheet. In addition, the applicant shall provide an electronic file update of the City's Master Base Map electronic file, incorporating all streets, sidewalks, street lights, traffic control facilities, street stripping, signage and delineation, storm drainage facilities, water and sewer mains, lines and appurtenances and any other utility facility installed for this project. 101. The street improvement plans shall contain a surveyor's statement on the plans, certifying that, in accordance with Business and Professions Code 8771, all recorded monuments in the construction area will be protected in place during construction or have been located and tied with no fewer than four durable reference monuments which will be protected in place during construction. 102. 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. 103. Prior to reduction of improvement bonds the applicant shall submit reproducible centerline tie sheets on 3 -mil polyester film to the City Engineer. 104. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. DRAINAGE AND HYDROLOGY 105. Prior to approval of a grading plan, the applicant shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations in a 0001.45 Resolution No. PC -2005- Page 25 bound and indexed report prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict and examine all on -site and off -site drainage structures required by the City Engineer. 106. The drainage plans and calculations shall analyze conditions before and after development as well as potential development that is shown in the General Plan. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses shall be addressed. 107. Hydrology shall be per the current Ventura County Flood Control Standards except as noted herein or in the Special Conditions. 108. A rainfall intensity Zone K shall be utilized in the design unless alternate design intensity is approved by the City Engineer. 109. Surface flows shall be intercepted, detained and given sufficient time to provide stormwater clarification by NNpassive" BMP systems prior to entering collector or storm drain systems. 110. 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. 111. After - development, drainage to adjacent parcels shall 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 development. 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 09101.4E Resolution No. PC -2005- Page 26 any on -site and downstream improvements, required by the City, to support the proposed development. 112. Drainage grates shall not be used at any location accessible by pedestrian, bicycle or equestrian traffic. 113. The grading plan shall show distinctive lines of inundation delineating the 50- and 100 -year flood levels. 114. All flows that have gone through flow attenuation and clarification by use of acceptable Best Management Practice (BMP) systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council. Subdrain flows shall be discharged directly into the storm drain system at an inlet or junction structure. 115. Concrete surface drainage structures exposed to the public view, shall be tan colored concrete, as approved by the Community Development Director, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 116. No curb outlets will be allowE onto the street. The applicant all future property owners that require observance of the notification agreement shall property owner and recorded with �d for pad or lot drainage shall inform, in writing, future private improvements same requirements. This be acknowledged by each each property. 117. Drainage devices for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the City Engineer. 118. The applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a one - hundred (100) year frequency storm; b. Feasible access during a fifty (50) year frequency storm. 000147 Resolution No. PC -2005- Page 27 C. Hydrology calculations shall be per current Ventura County Watershed Protection Agency Standards and to the satisfaction of the City Engineer. d. All structures proposed within the one - hundred (100 year flood zone shall be elevated at least one foot above the one - hundred (100 year flood level. 119. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than 8 -feet. In addition all facilities shall have all- weather vehicular access. 120. The applicant shall demonstrate, certify and provide surety to the satisfaction of the City Engineer that all existing storm drain culverts within the site perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 121. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant for projects with construction activities that require a grading permit shall prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form established in the Ventura Countywide Stormwater Quality Management Program. The SWPCP shall address the construction phase compliance to stormwater quality management regulations for the project. The SWPCP shall be prepared by a California registered civil engineer. The SWPCP, improvement plans and grading plans shall note that the contractor shall comply with the California Best Management Practices Construction Handbook, published by the California Stormwater Quality Association. The SWPCP shall be submitted, with appropriate review deposits, for the review and approval of the City Engineer. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges and to design the use and placement of Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. Erosion and sediment source control BMPs shall be considered for both active and inactive (previously disturbed) construction areas. BMPs for wind erosion and dust control are also required. Resolution No. PC -2005- Page 28 122. The SWPCP shall require modification of BMPs as the project progresses and as conditions warrant. The first version and each subsequent revision of the SWPCP shall be accompanied by a detailed project schedule that specifically identifies the type and location of construction operations for the project. The SWPCP shall be developed and implemented in accordance with the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002, Chapter 8.52 of the Moorpark Municipal Code and any other requirements established by the City. The applicant is responsible for ensuring that all project contractors, subcontractors, materials suppliers, tenants and tenants' contractors comply with all BMPs applicable to the SWPCP until such time as a notice of termination has been approved by the City Engineer and accepted by the Los Angeles Regional Water Quality Control Board. The SWPCP shall require applicant to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed off -site will not be allowed. 123. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall address the post- construction compliance to stormwater quality management regulations for the project. A California registered civil engineer shall prepare the SWPCP. The SWPPP, improvement plans and grading plans shall note that the contractor shall comply with the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP shall comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP shall be prepared in compliance with the form and format established in the 000149 Resolution No. PC -2005- Page 29 Ventura Countywide Stormwater Quality Management Program. The SWPPP shall be submitted, with appropriate review deposits, for the review and approval of the City Engineer. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer and Community Development Director shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. "Passive" and "natural" BMP drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar "active" devices is not acceptable and shall not be used. The use of biological filtering, bio- remediation, infiltration of prefiltered stormwater and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The SWPPP shall establish a continuing program of monitoring, operating and maintenance to: a. Provide discharge quality monitoring. b. Assess impacts to receiving water quality resulting from discharged waters. C. Identify site pollutant sources. d. Educate management, maintenance personnel, users, to obtain user awareness and compliance with NPDES goals. e. Measure management program effectiveness. f. Investigate and implement improved BMP strategies. g. Maintain, replace and upgrade BMP facilities. h. Secure the funding, in perpetuity, to achieve items a through g above. 124. Engineering and geotechnical reports shall be provided to prove, to the satisfaction of the City Engineer, that all "passive" NPDES facilities meet their intended use and ()vcI -, C) Resolution No. PC -2005- Page 30 design. These facilities shall meet the minimum requirements relating to water retention and clarification. 125. Both the SWPCP and the SWPPP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002 and 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 Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 126. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall also submit a Notice of Intent (NOI) to the California State Water Resources Control 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 submit a copy of the Notice of Intent (NOI) to the City Engineer's office as proof of permit application. The applicant shall place the WDID number for the project on the improvement plans and the grading plans. 127. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code. 128. Prior to City issuance of the initial grading permit, the applicant shall obtain all necessary NPDES related permits. 129. Prior to the starting of grading or any ground disturbance the applicant shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall have no other duties than NPDES compliance, 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 hire personnel, bind the applicant in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The NPDES superintendent shall provide proof to the City Engineer 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 Resolution No. PC -2005- Page 31 Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to employment to the NPDES superintendent. In addition, an NPDES superintendent shall be employed to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. C. Please contact the BUILDING DIVISION for compliance with the following conditions: 130. 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. D. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 131. 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). To determine if proposed new equipment or operating processes are subject to APCD Permit requirements, the applicant should submit a completed APCD Questionnaire (AB3205) to the APCD. A copy of the APCD Questionnaire can be downloaded from the APCD's website at www.vcapcd.org. This form can be mailed to the District at 669 County Square Drive, Ventura, CA 93003, or faxed to APCD at (805) 645 -1444. For questions about this process the applicant may contact APCD staff at (805) 645 -1445 or (805) 645 -1401. Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 132. 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." Q��` 1 1T A2 Resolution No. PC -2005- Page 32 E. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 133. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. A minimum 20 -foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches and a minimum outside turning radius of forty (401) feet. 134. 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 (5 %) percent cross slope in any direction and shall be located within 150 feet of the end of the access road /driveway. 135. The access road /driveway shall be extended to within 150 feet 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. 136. When only one (1) access point is provided, the maximum length of dead -end access roads shall not exceed eight - hundred (800') feet. 137. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 138. Approved walkways shall be provided from all building openings to the public way or Fire District access road /driveway. 139. Structures exceeding three stories or forty -eight (48') feet 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. 140. Structures greater than 5,000 square feet and /or five miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 00(A : Resolution No. PC -2005- Page 33 141. 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 142. 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. 143. Minimum six (6 ") inch 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 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 144. 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. 145. 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. 146. 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. 147. 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. 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. 148. 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 Resolution No. PC -2005- Page 34 within three - hundred (300') feet of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrant (s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -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. 149. 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. 150. Prior to installation of the required 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 requirements. 151. Prior to the issuance of a Certificate of Occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 152. 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." 153. 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. 154. 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. F. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 155. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard 00615 Resolution No. PC -2005- Page 35 procedures for obtaining domestic water and sewer services for applicant's projects within the District. 156. 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. 157. 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. G. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 158. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMPs) for compliance with Ventura Countywide Stormwater Program. H. Please contact the POLICE DEPARTMENT for compliance with the following condition: 159. 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 Resolution No. PC -2005- Page 36 that demonstrate responsiveness to defensible space design concepts. - END - oo( "IL ,-5, ITEM: 8.D. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Jared Rosengren, Contract Plann DATE: April 20, 2005 (PC Meeting of 4/26/2005) SUBJECT: Consider Modification No. 4 to Commercial Planned Development Permit No. 1990 -02, for the Build -Out of Three (3) Existing Pad Areas with 17,324 Sq. Ft. of Commercial /Retail Space and Conditional Use Permit No. 2005 -01 to Allow a 7,724 Square Foot Fitness Center within 100 Feet of Residentially -zoned Property, on an 11.79 -Acre Site at 4279 Tierra Rejada Road, on the Application of Constantino Noval BACKGROUND Commercial Planned Development No. 1990 -02 for construction of a 122,400 sq. ft. commercial center was approved by the City Council on December 19, 1990. The original project has been modified numerous times for reduction in building sizes, relocation of buildings, hours of operation, signs, time extensions and the build -out of other pads. A condition of approval requires all pad buildings to obtain the approval of a Minor Modification to the Permit prior to issuance of a Zoning Clearance for Construction. Since the time this condition was adopted, the Minor Modification process has been eliminated, and the Community Development Director has determined that a Modification is the appropriate process for the review of the pad buildings. The applicant has filed a request for a Modification to build 17,324 sq. ft. of building space on three (3) existing vacant pad areas. The applicant is also requesting a Conditional Use Permit to allow a 7,724 sq. ft. fitness center within 100 ft. of a residentially -zoned property. The Modification requires consideration by City Council; the Conditional Use Permit will also be considered concurrently by the City Council. The Planning Commission is an advisory body on both entitlements. S: \Community Development \DEV PMTS \C U P \2005 \01 Mtn. Meadows Plaza \Agenda Rpts \CPDP Mod 4.d00 C IL 5 3 Honorable April 26, Page 2 DISCUSSION Planning Commission 2005 Project Setting Existina Site Conditions: The nine (9) separate lots that make up the 11.79 -acre Mountain Meadows Shopping Center are located on the southwest corner of Tierra Rejada Road and Mountain Trail Street. The Spanish style shopping center consists of two (2) anchor spaces (one used by Vons supermarket, the second currently vacant), two (2) multi- tenant retail areas ( "Shops #1" and "Shops #2 "), two (2) stand -alone pads that have buildings (B and C), two (2) vacant stand -alone pads (A and D) , and a vacant pad south of the supermarket and west of existing "Shops 1" tenant spaces. Previous Applications: Commercial Planned Development No. 1990 -02, for the construction of a commercial center on the project site, was originally approved on December 19, 1990, but was not built at the time. Major Modification No. 1, approved on December 6, 1995, allowed the construction of Mountain Meadows Plaza with the current design and conditions of approval. The grocery store, drug store and tenant spaces in- between were constructed first. Since 1995, several minor modifications have been processed, primarily focusing on architecture, site plan, signage and hours of operation. On January 5, 2000, the City Council approved Minor Modification Nos. 7 and 8 to construct separate buildings on Pads "B" and "C ", where the restaurants and real estate offices are now located. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site General Commercial Commercial Planned Mountain .................... ............ __ ................. - . ... - ... - ... (C2) ....... - - - -- --- ..._ Development (CPD) Meadows Plaza North -....- ----------.- ................................................ Medium Density ..... - ............................................ _ ....... ......................... - ... --.-.- ...................................... ............................ Residential Planned ........................ -........ ........................................... - ................ ...... Single- family Residential (M) . . _ ..._ ....._- ....- .- .- ..--- .- .... - -- _.. .. -- -- ----- ....-.- ............................................. Development (RPD 3.1u) . . . . .- ............................- ..-_..... Residential Very High Density ........................... - ...... -. ............ - ............. - .................................. Residential Planned ................................ - ................ .................................................. ..... Multi - family South Residential (VH) Development (RPD Residential ..................................................... - .... -- -- - - - - -- - --- ------- - ------ .................................................... ...... 12.21u) - ........ .............................. . ............................................ East ............................. Schools (S) _.- ......................................... -.--.- ................. Planned Community (PC) ................................ - ....................................................................... . High School ..............................- - - - - -- - .._._. -_... -------------- .... - ............................................. ....... Medium Density -.-..................................................-................................ - ... -. ............................................ -....-........... Residential Planned .................................................. ... ... ... ... ... ... ..................................... . Single- family ..............................................................................._....-................-...................-....................................................................................................-...................................................................................-..-.--.-...................................................-...-................................................................. Residential (M) Development (RPD 5u) Residential Very High Density Residential Planned ..........- .................... Multi- family West Residential (VH) Development (RPD Residential 16.83u) WU -� I S, 9 Honorable Planning Commission April 26, 2005 Page 3 General Plan and Zoninq Consistencv: The existing CPD zoning on the property is consistent with the General Plan Designation, which is C -2 (General Commercial). The proposed Modification and Conditional Use Permit are consistent with this land use designation. Project Summary Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01: Pad Proposed Use Building Area (sq. ft.) A Stand -alone Retail Building 4,800 D Stand -alone Retail Building 4,800 Shops #1 Fitness Center 6,896 Retail Suite 828 Totall 17,324 Proposed Project Architecture: Pad A The architectural design is consistent with the existing center, which is Spanish style. The proposed building incorporates multi- color stucco walls, mission tile roof, timber beams underneath the roofline and pilasters with colors. An arcade (covered walkway) is proposed on the front and one of the side elevations. The height of the proposed building ranges from sixteen (161) feet to eighteen (18') feet high. The proposed building heights meet Zoning Code requirements. Pad D The architectural design is consistent with the existing center, which is Spanish style. The proposed building incorporates multi- color stucco walls, mission tile roof, timber beams underneath the roofline and pilasters with colors. An arcade (covered walkway) is proposed on the front and rear elevations. The height of the proposed building is twenty -eight (28') feet high. The proposed building height meets Zoning Code requirements. The submitted floor plan shows the potential of four (4) separate tenant suites. 00011 C O Honorable Planning Commission April 26, 2005 Page 4 Addition to Shop #1 The architectural design is consistent with the existing center, which is Spanish style. The proposed building incorporates multi- color stucco walls, mission tile roof, timber beams underneath the roofline and pilasters with colors. An arcade (covered walkway) is proposed on the south elevation. The height of the proposed building ranges from eighteen (18') feet to twenty (20') feet high. The proposed building heights meet Zoning Code requirements. The submitted floor plan shows a fitness center and an 828 sq. ft. retail suite. The fitness center is discussed further under the analysis section below. Signage: A separate Sign Permit application is required and all signs are to be consistent with approved signage for the shopping center, subject to the review and approval of the Community Development Director. Setbacks: A thirty (30') foot landscaped setback will be provided from both Mountain Trail Street and Tierra Rejada Road to buildings A and D. This meets the Municipal Code requirement of a 30 -foot setback from a four (4) lane arterial, as designated by the Circulation Element of the General Plan. All proposed building setbacks are consistent with Zoning Code requirements. Circulation: The existing shopping center has been designed with appropriate on- site circulation including the build -out of the proposed project. The proposed project does not propose to alter the existing parking layout or ingress and egress to the shopping center. Parking: Use Spaces Required Spaces Provided Drugstore (Vacant) 56 ........... ........ - -- - -- ._._..........._.__._..................... ..................................... Supermarket ............................................ _ ... .................................... _ ... ............................... 166 ..... ... .................................................... ---........................................................... ............ ....................................__._...-.------------------- ..................... .......................................... Existing Shops #1 ._ .... ......................................... _ ................................... __........_...................... 25 ....... _.__ .................................................. _ ..... ........................................................ ......s.�o......._s....._ __ ----------- - - - - -- ._.._ ..................... .................................. Shops............................................................................................................. .... ....... ................................................. _...... 1. 7.............._ ........................ ...... -- ...... ...................................... _ ...... _ ... ....................................................... 5_............__._................................._._.__....._...._......................................_.__._.............. ............................... ........ .......... ---- ._... - - - -- ------- .... _ .................................................... Pad C ......... _. ........................................ _.._ .................................. _.- ........ _ ............... 55 .......... --- .......................................... _.._ .... _........................................................ ............ .................. .._ ......... .... --------------- ... ------ ..................................................... Proposed Pad A ..._.......................................................... ..... ............................ __ ... .................... 16 ..................... -. .............................................. _ ... .................................................... .......................... .. .. - -._... -- --- .........._.... -----------._ ...... _ ...................................... Proposed Pad D ............ ... ... ........................................... ... ... ............................ _._ ...................... 15 ........................._............................................ _._._ .................... .............................. ............ .................... .......................... _._...-------- ---------- .... _..__.._ ....... _ ........................................... Proposed Shop #1 ......... ............................. _ ................ _.._ .............................. _--- ...... 26 ................................................... ............................................................... _.._._.... Total 391 567 Honorable Planning Commission April 26, 2005 Page 5 The center was designed to ultimately include the additional building space proposed by this application, and in fact exceeds the parking required per the Municipal Code by forty -five (450) percent. Parking is discussed in additional detail in the analysis section below. Loadina Area: Section 17.32 of the Zoning Ordinance requires each building to provide at least one (1) loading space if the gross floor area of the building exceeds 3,000 square feet, unless waived by the Community Development Director. In this case, adequate loading /unloading areas have been provided throughout the center, located within reasonable distance from the service entrance to each of the proposed buildings. Landscaping: The proposed project does not include the removal of any trees. No details or specifications of any landscaping were included with the project submittal. A condition of approval in the attached resolution requires the submission and approval of a landscape plan prior to issuance of a Zoning Clearance for construction of the buildings to ensure that new landscaping is compatible with existing landscaping for the shopping center. 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, to the maximum extent feasible, so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: All commercial /industrial projects are required to off -set air pollutants consistent with the 2003 Ventura County Air Quality Assessment Guidelines. Contribution to the Moorpark Traffic System Management Fund has been identified as a method to meet this requirement. The original developer of CPD No. 1990 -02 has paid the required contribution for the entire center, including the undeveloped pad areas. 00(41 160*201 Honorable Planning Commission April 26, 2005 Page 6 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Parking • Proximity of Fitness Center to Residential Uses Parking: The new buildings will be adding to the parking demand of the shopping center without adding additional parking spaces. The center was designed to ultimately include this additional building space. As shown in the parking calculations above, the center has sufficient parking for the additional buildings, with forty -five (450) percent more parking than required by Code. Proximity of Fitness Center to Residential Uses Large fitness centers can generate a substantial amount of activity in the parking lot and result in spillover noise. However, the proposed fitness center at under 7,000 square feet and without shower facilities is not expected to draw the volume of patrons that may result in a neighborhood nuisance. Condition of Approval No. 7 of City Council Resolution No. 1995 -1164 limits the hours of operation of all tenants in Mountain Meadows Plaza from 6:00 a.m. to 10:00 P.M. Any request to extend the hours of operation requires public notification to property owners within 1,000 feet of the site. This condition, along with all other conditions of Resolution No. 1995 -1164, would apply to any new construction in the shopping center. In addition, a condition is recommended to ensure that any massage businesses or technicians that may be associated with the fitness use are properly licensed by the City. Findings Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 A. The proposed use would not have a substantial adverse impact on surrounding properties in that the existing shopping center was designed with the eventual build -out of vacant pads, the new buildings are consistent with the existing center, any proposed use requesting to occupy the new buildings would be required to conform to the CPD zone, and parking is adequate. B. The proposed use would not change any findings contained in the environmental documentation prepared for the permit, in 009 � ., E, 3 Honorable Planning Commission April 26, 2005 Page 7 that the effects of the proposed project were adequately analyzed in the Mitigated Negative Declaration, Initial Study and Mitigated Monitoring Program prepared for CPD No. 1990 -02. Conditional Use Permit No. 2005 -01 A. The proposed use, as conditioned, is consistent with the provisions of the City's General Plan, Zoning Ordinance, and any other applicable regulations, in that a fitness center is an allowed use in the CPD zone. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that the fitness center is an appropriate expansion of the existing commercial uses on site and, operating within the hours permitted for the shopping center, is a compatible use adjacent to a residential neighborhood. C. The proposed use is compatible with the scale, visual character, and design of the surrounding properties; in that the fitness center has been designed on a vacant building pad intended for a development of this scale and is consistent with the existing architecture of the shopping center. D. The proposed use will not be obnoxious or harmful, or impair the utility of the neighboring properties or uses, in that the fitness center is conditioned to comply with all existing conditions of approval adopted for the existing shopping center, including limited hours of operation, and sufficient parking is provided at the shopping center. E. The proposed use will not be detrimental to the public health, safety, convenience, or welfare, in that the fitness center is conditioned to comply with all existing conditions of approval adopted for the existing shopping center, including limited hours of operation. 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: Honorable Planning Commission April 26, 2005 Page 8 Date Application Determined Complete: March 25, 2005 Planning Commission Action Deadline: Not Applicable City Council Action Deadline: June 19, 2005 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 15332 (Class 32: In -Fill Development Projects) 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. 4 to Commercial Planned Development Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01. 00CIC Honorable Planning Commission April 26, 2005 Page 9 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Resolution 1995 -1164 4. Project Exhibits A. Site Plan B. Fitness 19 Floor Plan C. Fitness 19 Fronts and Side Elevations D. Fitness 19 Side and Rear Elevations E. Pad A Floor Plan F. Pad A Front and Side Elevations G. Pad A Side and Rear Elevations H. Pad D Floor Plan I. Pad D Front and Side Elevations J. Pad D Side and Rear Elevations 5. Draft PC Resolution with Conditions of Approval 0061GG RESOLUTION NO. . 95 -1164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MAJOR MODIFICATION NO. 1 TO COMMERCIAL PLANNED DEVELOPMENT NO. 90 -2 AND RESCINDING RESOLUTION NO. 90 -729 Whereas, at a duly noticed hearing on September 11, 1995, the Planning Commission held a public hearing, considered the application for Major Modification No. 1 to Commercial Planned Development Permit No. 90 -2 and recommended to the City Council approval of the project; and Whereas, at a duly noticed public hearing on November 1, 1995, and November 29, 1995 the City Council considered the application filed by American Stores Properties, Inc. requesting approval of Major Modification No 1 to Commercial Planned Development Permit 90 -2 for a proposal to modify the previously approved Neighborhood Commercial Shopping Center which consisted of a 45,000 sq. ft. market, 60,400 sq. ft. retail, 5,000 sq. ft. medical office and 12,000 sq. ft. of restaurant uses for a total of 122,400 sq. ft. to the following: Major Modification No. 1 to CPD 90 -2 consists of a Neighborhood shopping Center consisting of 15,000 s.f. retail, 63,300 s.f. market, 16,503 s.f. shop space, two pads of 3,000 and 4,500 s.f. and a drug store consisting of 16,480 s.f. for a total of 118,783 s.f.; and Whereas, the City Council closed the public hearing on November 29, 1995 and reviewed and considered the information within the staff report dated September 29, 1995, October 19, 1995 and November 14, 1995, and has found that the effects of the proposed project were adequately analyzed in the Mitigated Negative Declaration, Initial study, and Mitigation Monitoring Program prepared for CPD 90 -2; and Whereas, the City Council has found that there will not be a significant effect on the environment in this case because Major Modification No. 1 is for a reduction in size from the originally approved project of 122,400 s.f. to 118,783.ft, and the appropriate mitigation measures applied to CPD 90 -2 have been incorporated into Major Modification No. 1; and Whereas, at its meeting of November 1, 1996, the City Council opened the public hearing, took testimony of all those wishing to testify, and closed the public hearing at its meeting on November 29, 1995, and adopted the following findings: PC ATTACHMENT 3 C.E.O.A. Finding That pursuant to California State law, an evaluation has been conducted to determine if the proposed project could significantly affect the environment. The effects of the proposed project were adequately analyzed in the Mitigated Negative Declaration, Initial study, and Mitigation Monitoring Program prepared for CPD 90 -2. There will not be a significant effect in this case because Major Modification No. 1 is for a reduction in size from the originally approved project of 122,400 s.f. to 118,783.ft, and the appropriate mitigation measures applied to CPD 90 -2 have been incorporated into Major Modification No. 1. Therefore, the proposed project will have no adverse impacts. Commercial Planned Development Permit Findincts Based upon the information set forth above, it is determined that this application with the attached conditions, meets the requirements of the City of Moorpark Ordinance Code Section 17.44.030 (A)(2) in that: 1. The proposed use would be consistent with the purpose, intent, guidelines, standards, policies, and provisions of the City's General Plan and the Specific Plan in which this project is located; 2. The proposed use would not impair the integrity and character of the zone in which it is to be located; 3. The proposed use would be compatible with land uses permitted within the General Plan land use designations and the zone in the general area where the use is to be located; 4. The proposed use would not be obnoxious or harmful or impair the utility of the property itself or neighboring property or uses; 5. The proposed uses would not be detrimental to the public interest, health, safety, convenience, or welfare; and 6. The project is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structures have design features which provide visual relief and separation between land uses of conflicting character; and Whereas, the City Council after the information contained in the staff has reached a decision on this matter. 4 review and consideration of reports and public testimony NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. The City Council approves Major Modification No. 1 to CPD 90 -2 with the following Conditions of Approval: DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS General Requirements Permitted Uses 1. The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment. Minor Modification Requirement for Pad Buildings and Construction of Market Without Other Attached Buildings 2. The Pad Buildings or construction of the Market as a stand alone building shall require approval of a Minor Modification to the Permit prior to issuance of a Zoning Clearance for Construction. Other Regulations 3. The development is subject to all applicable regulations of the CPD Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. Discontinuance of Use 4. The Commercial Planned Development Permit shall expire when the use for which it is granted (shopping center) is entirely discontinued for a period of 180 or more consecutive days. 3 00(411 71 Submittal of Plans to De artment of Community Development 5. All final construction working drawings, grading and drainage plans, plot plans, final parcel map (if requested by the Director of Community Development), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Director of Community Development for review and approval. Use Inauguration 6. That unless the project is inaugurated (building foundation slab in place and substantial work in progress) not later than two (2) years after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his discretion, grant up to one (1) additional year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he has diligently worked towards inauguration of the project during the initial two year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. Hours of Operation 7. That the hours of operation for the shopping center be from 6:00 a.m. to 10:00 p.m. Vacuuming of the parking area or the use of any other noise producing equipment shall not take place between the hours of 10:00 p.m. and 6:00 a.m. Further requests to extend the hours of operation shall require public notification to property owners within 1,000 feet of the site. Disallowance of Drive -thru Access for Any Purpose 8. Drive -thru access for any purpose shall not be allowed. Abandonment of Use 9. Upon expiration of this permit, or abandonment of the use, the premises shall be restored by the permittee to the conditions existing prior to the issuance of the permit, as nearly as practicable. Other Regulations 10. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 4 0 0(I f Severability 11. If any of the conditions or limitations of this permit are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Permittee Defense Costs 12. The permittee agrees as a condition of issuance and use of this permit to defend, at his sole expense, any action brought against the City because of issuance (or renewal) of this permit or in the alternative to relinquish this permit. Permittee will reimburse the City for any court costs and /or attorney's fees which the City may be required by the court to pay as a result of any such action. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve permittee of his obligation under this condition. National Pollutant Discharge Elimination Standards 13. Prior to issuance of a Zoning Clearance for a Building Permit, the applicant must have submitted construction plans which indicate how the project will comply with the National Pollutant Discharge Elimination Standards (NPDES). Zoning Clearance prior to Building Permit 14. Prior to approval of construction plans for plan check or initiation of any construction activity, a Zoning Clearance shall be obtained from the Department of Community Development. If a applicant desires, construction plans may be submitted to the Building and Safety Department prior to approval of this Development Permit with a City approved Hold Harmless Agreement. Business Registration 15. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City. Change of Ownership Notice 16. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, there shall be filed with the Director of Community Development the name(B) and address(es) of the new owner(s), lessee(s) or operator(s) together with a letter from any such person(s) acknowledging and agreeing with all conditions of this permit. 5 Other Uses 17. If in the future, any use or uses are contemplated on the site differing from that specified in the zoning clearance approved for the occupancy, either the permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the CPD Zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification to the Planned Development is required, in which case all applicable fees and procedures shall apply. Acceptance of Conditions 18. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. Compliance with Rule 210 and Transportation Demand Management 19. The project tenant (employer) will be required to comply with APCD Rule 210, the District's trip reduction measure. This rule requires that the employer develop and implement a trip reduction plan containing strategies to reduce the number of solo drivers commuting to the work site. The target is to meet a specific average vehicle ridership (AVR) of 1.35. This will be increased to 1.5 after 1997. In order to comply with APCD Rule 210, the project applicant (site employer) must notify the Transportation Program Administrator at APCD, by mail, that the firm is to begin operation. After occupancy of the building, the APCD will contact the applicant and work with them to complete and implement their plan. Increased AVR may be achieved by, but not limited to, the following reduction measures. a. Direct financial incentives for employees who carpool, vanpool, buspool, or use public facilities. b. Use of fleet vehicles for ridesharing employees for personal errands. C. Preferential parking for ridesharing employees. d. Facility improvements which provide preferential access and /or egress for ridesharing vehicles. e. Personal rideshare matching and /or active use of computerized rideshare matching service such as Commuter Computer. 6 f. A guaranteed- ride -home program for ridesharing employees in emergency situations. g. An on -site day care facility. h. Facility improvements to encourage bicycling and walking (showers, bicycle racks or lockers, etc.) i. Flexible work schedules to transit users, bicyclists, and pedestrians. j. Compressed work weeks such as 4/40 or a 9/80 or a 3/36 work schedule where employees report to work fewer days during a two week period, but no longer work shifts, than employees who work five 8 -hour days per week. k. Telecommunicating (ie., working at home) one or more days per week. In addition, the applicant is required to comply with Chapter 17.48 of the Municipal Code entitled "Transportation Demand Management ". Provision for Image Conversion of Plans into Optical Format 20. Prior to issuance of the first Certificate of Occupancy, the builder shall provide to the City an image conversion of building, landscape, public improvement and site plans into an optical format acceptable to the City Clerk. Drain for Grocery Cart Cleaning 21. The applicant shall provide an area with a drain at the rear of the market and the proposed drug store for the purpose of cleaning grocery carts. Cart cleaning shall only take place in this designated area. The proposed drains for cart washing shall have a separator or other device subject to review and approval of the City Engineer to ensure that contaminants will not be washed into the sewer or storm drain systems. Security Guard 22. If required by the City of Moorpark Police Department, the applicant shall provide a security guard on -site. Employee Parking 23. Employees shall be required to use the parking located to the rear of the shopping center. 7 000175 On -site Improvements 24. No Zoning Clearance may be issued for construction until all on -site improvements specified in this permit have been provided or the Director of Community Development approves the acceptance of a Performance Bond to guarantee the construction and maintenance of exterior improvements including, but not limited to perimeter tract walls (including stucco treatment), fences, slope planting or other landscape improvements not related to grading, private recreational facilities, etc. Said on -site improvements shall be completed within 120 days of issuance of a Certificate of Occupancy. In case of failure to comply with any term or provision of this condition, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the City, the City Council may reduce the amount of the bond; however, the bond must be kept in full effect for one year after the last occupancy to guarantee that items such as perimeter tract walls, including stucco treatment; landscaping; fences; slope planting or other landscape improvements not related to grading; private recreational facilities, etc. are maintained. Tenant Occupancy 25. Prior to the issuance of a zoning clearance for tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. Utilities Assessment District 26. The applicant agrees not to protest the formation of an underground utility assessment district. Certificate of Occupancy Requirement 27. No use for which this permit is granted shall be commenced until a Certificate of Occupancy has been issued by the building and safety division. In addition, no Certificate of Occupancy may be issued until all on -site improvements specified in this permit have been completed or the applicant has provided a faithful performance bond. Said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City may by 8 resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the Director of Community Development, the surety may be exonerated by action of the Director of Community Development. Change of Tenant 28. Prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for a zoning clearance from the Community Development Department. The purpose of the zoning clearance shall be to determine if the proposed uses(s) are compatible with the zoning and terms and conditions of the permit. Continued Maintenance 29. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. Prohibition of Outside or Truck Storage 30. No outside storage of any materials or overnight parking of any semi- trucks or truck trailers shall be permitted between l0pm and lam. Offer of Dedication 31. Prior to issuance of a Zoning Clearance for construction, the applicant shall provide an irrevocable offer of an easement to the City for the purpose of maintaining all landscaping of the slopes on the north and west property lines (adjacent to residential lots) of the site and the areas adjacent to Tierra Rejada Road and Mountain Trail Street. The area referred to shall be all landscaped portions of the required setback area adjacent to the public right -of -way on Tierra Rejada Road and Mountain Trail Street. The applicant shall be responsible for maintenance of the aforementioned area as well as the landscaping within the public right -of -way adjacent to the project. If the City at the it's sole discretion determines the landscape maintenance is determined to be unsatisfactory in any of the aforementioned areas, the City may invoke the offer of dedication and assume responsibility at the owner's expense for any or all of the aforementioned areas. The total cost of maintenance for the areas noted above shall be borne by the applicant. The City may at its sole discretion place the aforementioned areas in a landscape maintenance assessment district. The applicant shall record a covenant to this effect. The applicant shall maintain the right to protest the 9 0f," f7 amount and spread of any proposed assessment, but not the formation of, or annexation to a maintenance assessment district. Repair or Maintenance of Trucks 32. No repair or maintenance of trucks or any other vehicle shall occur on site. Loading and Unloading Operations 33. Loading and unloading operations shall not be conducted between the hours of 9:00 p.m. and 7:00 a.m. unless approved by the Director of Community Development. Noxious Odors 34. No noxious odors shall be generated from any use on the subject site. Uses and Activities to be Conducted Inside 35. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development. Graffiti Removal 36. The applicant and his successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. APCD On -site Building Manager 37. The on -site building manager or designee will conduct an annual air quality education program on -site to alert employees to any new developments in air quality information. This measure shall be coordinated through the Air Pollution Control District (APCD). Landscaping Submittal of Landscape Plans 38. Prior to issuance of a Zoning Clearance, a complete landscape plan (3 sets), together with specifications shall be submitted to the Director of Community Development. The landscape plans shall be approved by the City Council. 10 a. A maintenance program shall be prepared by a State Licensed Landscape Architect, generally in accordance with the Ventura County Guide to Landscape Plans, and shall be submitted to the Director of Community Development for review and approval prior to issuance of a grading permit. b. The landscape plan shall include planting and irrigation specifications for manufactured slopes and all common areas proposed to be maintained by the Owners' Association. C. Earthen berms shall be provided (with concurrence with the Director of Community Development) to screen views of parked vehicles from Tierra Rejada Road and Mountain Trail Street. d. In the area of future buildings not under construction, turf and irrigation shall be installed. e. The final landscape plans shall be in substantial conformance with the conceptual landscape plan submitted with the application. f. The applicant shall bear the cost of the landscape plan review, installation of the landscaping and irrigation system, and of final landscape inspection. g. The landscaping and planting plan submitted for review and approval shall be accompanied by a deposit as specified by the City of Moorpark. Additional funds may subsequently need to be deposited to cover all landscape plan check and inspection fees. h. The landscaping shall receive final inspection by the City's landscape architect prior to occupancy. i. The City's landscape architect shall certify in writing that the landscape and irrigation system was installed in accordance with the approved Landscape and Irrigation Plans. j. The final landscape plans shall include landscaping specifications, planting details, and design specifications consistent with the following requirements: i. The landscape plan shall include the final design of all sidewalks, barrier walls, streetscape elements, urban landscaping and pedestrian paths within the project limits. 11 0001, -19 ii. A 50 percent shade coverage shall be provided within all open parking areas. Shade coverage is described as the maximum mid -day shaded area defined by a selected specimen tree at 50 percent maturity. iii. All plant species utilized shall be drought tolerant, low water using variety. iv. Landscaping at site entrances and exits and any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian (PD). V. Plantings in and adjacent to parking areas shall be contained within raised planters surrounded by six - inch high concrete curbs. vi. Landscaping shall be designed so as to not obstruct the view of any exterior door or window from the street (PD). vii. Trees shall not be placed directly under any overhead lighting which could cause a loss of light at ground level (PD). viii. Earthen berms and /or low walls shall be provided to screen views of parked vehicles from access roads. ix. Backflow preventers, transformers, or other exposed above grade utilities shall be shown on the landscape plan(s) and shall be screened with landscaping and /or a wall. X. A sufficiently dense tree planting plan emphasizing tall growing trees and /or shrubs shall be designed. The size of trees shall be as follows: 40% - 15 gallon, 30% - 24 inch box, and 30% - 36 inch box size. xi. A coordinated tree planting program shall be developed which will provide a dominant street tree within the components of the proposed development. 12 xii. Irrigation shall be provided for all permanent landscaping, as identified in the approved landscape plan. The applicant shall be responsible for maintaining the irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the development. xiii. Exotic plants which are known to spread beyond their original plantings and invade native habitats such as Pampus Grass, Spanish Broom, and Tamarisk shall not be used. xiv. Landscaping shall not cover any exterior door or window. (PD) xv. Landscaping at entrances /exits or at any intersection within the parking lot shall not block or screen the view of a seated driver from another moving vehicle or pedestrian. (PD) xvi. Prior to final inspection of the buildings, permanent irrigation shall be provided for all permanent landscaping (tree replacement, common area landscaping, and erosion control landscaping). The applicant shall be responsible for maintaining any irrigation system and all landscaping. The applicant shall replace any dead plants and make any necessary repairs to the irrigation system consistent with the landscape plan approved for the project. FEES Case Processing Costs 39. The applicant shall pay all outstanding case processing (planning and engineering), and all City legal service fees prior to issuance of a Zoning Clearance. Current and Future Park System Contribution 40. The applicant shall contribute to the City of Moorpark an amount of $.25 per square foot of gross floor area for the portion of the buildings sited on the approximate four (4) acre property redesignated from Community Focus Area to Neighborhood Commercial by Major Modification No. 3 to Planned Community No. 3. The funds shall be used to support the City's current and future park system. 13 O(KASI Art and Public Places Contribution 41. The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $.10 per each square foot of building area. The applicant may create a public art project on or off -site in lieu of paying the Art in Public Places fee. The art work must have a value corresponding to the fee and must receive approval from the City Council. Traffic System Management Contribution 42. The permittee shall make a total contribution to the Moorpark Traffic Systems Management Fund (TSM) of $496,738.03 as a mitigation measure to fully mitigate the significant impact to fund TSM programs or clean -fuel vehicles programs as determined by the City and to meet the Mitigation Monitoring Program. This may be paid prior to the issuance of a Zoning Clearance for construction of each building in the amount of $4.1787 per square foot of building area. Crossing Guard 43. Prior to the issuance of a Zoning Clearance for construction, the applicant shall pay the City the cost, as determined by the City, of having a crossing guard for five years. Covenant Requirement 44. The applicant shall execute a covenant running with the land on behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, street and sewer improvements necessitated by this project and other projects within the assessment district, as approved by the City Engineer. The subdivider shall retain the right to protest the amount and the spread of any proposed assessment. Calleguas Municipal Water District Release 45. Prior to issuance of a Building Permit, the developer shall demonstrate by possession of a District Release from the Calleguas Municipal Water District that arrangements for payment of the Construction Charge applicable to the proposed project have been made. Applicant shall be required to comply with Ventura County Waterworks Rules and Regulations, including payment of all applicable fees. 14 0001 -8� chool Assessment Fees 46. Prior to the issuance of a Building Permit, the applicant shall pay all school assessment fees levied by the Moorpark Unified School District, if applicable. Citywide Traffic Mitigation Fee 47. The applicant shall execute a covenant running with the land (or pay a traffic mitigation fee) on the behalf of itself and its successors, heirs, and assigns agreeing to participate in the formation of an assessment district or other financing technique including, but not limited to, the payment of traffic mitigation fees, which the City may implement or adopt, to fund public street and traffic improvements directly or indirectly affected by the development. Code Enforcement Costs 48. The Director of Community Development may declare a development project that is not in compliance with the Conditions of Approval or for some other just cause, 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). Ordinance 102 Requirement 49. The applicant shall pay a fee established pursuant to Ordinance 102 in the amount of $ .05 per sq. ft. to be used to install, maintain and replace landscape work on public property for the purpose of mitigating the removal of the natural landscape from the property of the new development. Note: Other fees may be found in the City Engineer's Conditions of Approval. Architecture 50. All entrance /exit driveways shall be a minimum of 30 feet in width. (PD) 15 00"183 Sign Program 51. Prior to the issuance of a Zoning Clearance, a comprehensive sign program for the entire project site shall be submitted for approval of the Director of Community Development. The sign program shall be designed to provide for a uniform on- site sign arrangement and design. a. All proposed signs shall conform to the approved sign program, prior to issuance of a sign permit by the Director of Community Development or his designee. b. No off -site signs are permitted. C. The approved sign program for the location shall supersede the City's Zoning Ordinance. Revisions to Plot Plan 52. The plot plan shall be revised to show a market which will not exceed 50,000 square feet. 53. The plot plan shall not be revised to reflect any requirements for right -of -way dedications, unless an appropriate modification is approved by the City. 54. The pedestrian access from the rear of the site from the terminus of Sagewood Drive shall be eliminated. 55. The drug store at the corner of Tierra Rejada and Mountain Trail shall be relocated to the area northwest of the proposed market. 56. The existing 16,480 sq. ft. corner pad designated for the proposed drug store shall be redesigned to allow for two pads of 5,500 sq. ft. each to be used for separate buildings as proposed for the originally approved site plan. 57. The truck entrance from Mountain Trail located by the drug store pad shall be eliminated. 58. Pad B shall be set back from the right of way a minimum of 30 feet with a minimum of 20 feet of landscaping from property line. 16 00(11` A Truck Traffic 59. Truck traffic to and from the site shall not utilize Tierra Rejada Road from State Route 23 to or from the project site. Violations of this condition will result in citations being issued to the business owner which was the recipient of the truck service. Utility Room 60. A utility room with common access to house all meters and the roof access ladder shall be provided. No exterior access ladder of any kind shall be permitted. Use of Asbestos 61. No asbestos pipe or construction materials shall be used. Utility Lines 62. All proposed utility lines within and immediately adjacent to the project site (as determined by the Director of Community Development) shall be placed underground to the nearest off - site utility pole. All existing utilities shall also be undergrounded to the nearest off -site utility pole with the exception of 66 RVA or larger power lines. This requirement for undergrounding includes all above - ground power poles on the project site as well as those along the frontage of the site in the Poindexter Avenue right -of -way. The developer shall indicate in writing how this condition will be satisfied. Any above grade utility fixtures shall be placed adjacent to landscaped areas and screened on three sides. Address Numbers 63. Address numbers shall be a minimum of 6 inches in height, installed prior to occupancy, of contrasting color to the background, and be readily visible at night. Where structures are set back more than 250 feet from the street, larger numbers will be required so that they are distinguishable from the street. 64. Address numbers will be placed on all buildings, in an obvious sequenced pattern, to be reviewed by the Police Department prior to installation (PD). 65. If required by the Moorpark Police Department, addresses shall also be displayed on the roof in florescent orange with the numbers and street in letters a minimum of three feet in height. (PD). 17 O(WAv Exterior Access 66. There shall not be any easy exterior access to the roof area, i.e. ladders, trees, high walls, etc (PD). Plot Plan Requirements 67. The following shall be depicted on the plot plans and shall be subject to approval by the Director of Community Development: a. The transformer and cross connection water control devices shall be shown on the plot plan and landscaping and irrigation plan and screened from street view with masonry wall or landscaping. b. All fences and walls shall be shown on the plot plan and landscaping and irrigation plan. C. Bicycle racks or storage facilities shall be provided on- site. d. All required loading areas and turning radii shall be depicted on the plot plan. A 45 foot turning radius shall be provided for loading zones consistent with the AASHO WB -50 design vehicle. e. Elevations of proposed hardscape treatment (such as the building entrance, window and door treatment) shall be submitted with the final construction plans. Parapet Wall Requirement 68. Roof design and construction shall include a minimum 18 -inch extension of the parapet wall above the highest point of the flat roof area. Liahtincr Plan 69. For all exterior lighting, a lighting plan shall be prepared by an electrical engineer registered in the State of California and submitted to the Department of Community Development for review and approval. The lighting plan shall achieve the following objectives: avoid interferences with reasonable use of adjoining properties; minimize on -site and Off-site glare; provide adequate on -site lighting; limit electroliers height; provide structures which are compatible with the total design of the proposed facility; and minimize energy consumption. The lighting plan shall include the following: 18 � � G a. A photometric plan showing a point -by -point foot candle layout to extend a minimum of twenty (20) feet outside the property lines . Layout plan to be based on a ten (10 ) foot grid center. Down lighting and accent landscape and building lighting shall be employed throughout the project. b. Maximum overall height of fixtures shall be twenty (20) feet throughout the entire site with the exception of the light standards along the property line adjacent to residential areas which shall have a maximum height of fourteen (14) feet. c. The fixtures throughout the center shall a decorative lantern type. A shoe box type fixture with flat glass lense with sharp cut -off features shall be provided along property lines adjacent to residential areas. d. Fixtures must possess sharp cut -off qualities with a maximum of one foot candle illumination at or beyond property lines. e. Energy efficient lighting devices shall be provided. f. A minimum of one, and a maximum of two foot candle illumination with a 1.5 foot candle average, or as otherwise approved by the Director of Community Development. g. No light shall be emitted above the 90 degree or horizontal plane. No direct light source shall be visible from the street. h. Lighting devices in the parking lot shall be shielded and directed downward to avoid light and glare on neighboring properties. i. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistent covers (PD). J. Lighting at all exterior doors shall be lighted with a minimum maintained two foot candles at ground level. k. The design of the light, and light poles plan shall be of a Mission style. The design is subject to the review and approval of the City Council. 19 0 0 "I S? 1. The lighting photometric plan shall be reviewed and approved by the City Council. 70. A copy of the lighting plans shall also be submitted to the Police for approval. Location of Property Line Walls 71. All property line walls shall be no further than one inch from the property line. Downspouts 72. No downspouts shall be permitted on the exterior of the building. Roof Mounted Equipment 73. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) that may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Community Development. All screening shall be tall enough to block all views of equipment and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. Exterior Ground Level Equipment 74. Any outdoor ground level equipment and storage (such as loading docks, shelter docks, cooling towers, generators, etc.) shall be screened from view by a masonry wall, the design of which shall be approved by the Director of Community development or his designee. The wall shall be constructed of materials and colors consistent with the main building. Buildina Materials and Colors 75. All exterior building materials and paint colors shall be as submitted. 20 006188 Skylights 76. If skylights are proposed, the specific type and model must be approved by the Director of Community Development to ensure that they shall be of an opaque type to minimize evening illumination as viewed from the exterior. Noise Generation Sources 77. All roof mounted equipment and other noise generation sources on -site shall be attenuated to 45 dBA at the property line (this does not include vehicular noise), or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Energy Saving Devices 78. The building shall be constructed using energy saving devices. These shall include those devices required by the California Administrative Code, Title 24. Park:L Striping of Spaces 79. The striping for parking spaces and loading bays shall be maintained so that it remains clearly visible. Parking Lot Surface 80. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. Rubbish and Recycling Space Requirements Recruirement for Franchise Hauler Usage Form 81. All trash disposal areas shall be provided in a location which will not interfere with circulation, parking or access to the building, and shall be screened with a six foot high, solid wall enclosure with metal gates. The final design of the trash enclosures shall be subject to approval of the Director 21 000189 of Community Development prior to the issuance of a Zoning Clearance. Trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. Prior to issuance of a Zoning Clearance, the Franchise Hauler Usage Form must be submitted by the Applicant to the Community Development Department. The Moorpark Municipal Code Section 8.36.080 requires that only the City's franchised or permitted haulers provide residential, commercial, and temporary drop box /bin solid waste collection services. The applicant must specify which franchised hauler is to be contracted for ongoing or temporary solid waste collection services for this project. The form is available at the Community Development Department and the form contains a listing of the City's franchised haulers. Recvclina Plan 82. Prior to issuance of an Occupancy Permit, a Waste reduction and recycling plan shall be submitted to the City of Moorpark Department of Community Development prior to occupancy of the building. The plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs. This shall include the acquiring of storage bins for the separation of recycling programs. This shall include the acquiring of storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pick -up schedule. Waste Management Education Program 83. The on -site building manager or designee will conduct a routine waste management education program on -site to alert employees to any new developments or requirements for solid waste management. This measure shall be coordinated through the City's Solid Waste Management Department. Disposal Areas on Plot Plan 84. Rubbish and recycling disposal areas shall be depicted on the final construction plans. The number and size of the bins required, and the space allocation for areas of disposal with enclosures shall be approved by the Director of Community Development and the City employee responsible for recycling /solid waste management programs. 22 Qe(1190 a. Rubbish disposal areas shall include adequate, accessible and convenient areas for collecting and loading recyclable materials. The dimensions of the recycling area shall accommodate containers consistent with current methods of collection in the area in which the project is located. b. Adequate number of bins or containers shall be oroviged -.. — , , -- u �Y-- aizV �.lucllt, 1=vr One 40 cuDlc yard In (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and nnA r,i.�ww�w.w TL _ .L _ 1 � • . _ _ __ _ intended use for this space is toehold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and nnA rCCyClaDleB), or one 4V cubic yard bin for refuse and nnA ,sal areas shall include adequate, accessible ent areas for collecting and loading iterials. The dimensions of the recycling ,sal areas shall include adequate, accessible ent areas for collecting and loading iterials. The dimensions of the recycling c.iccai 31,' i\dClll.11ylilg atl recycling and solid :ion and loading areas, and the materials ein shall be posted adjacent to all points the recycling areas. al areas shall not be located in any area the Municipal Code to be constructed or unencumbered, according to fire and other ilding and /or public safety laws. ea (s) shall be located so they are id adjacent to regular refuse collection Qe(1190 a. Rubbish dispo and conveni4 recyclable mr t0 allnm fnr a. Rubbish dispo and conveni4 recyclable mr waste collect accepted ther of access to g. Refuse dispos required by maintained as applicable bu h. Recycling ar, convenient ar areas. \d1.7LJVaCi.L GJ.Gaa allu recycling areas shall be screened with a six foot high, solid wall enclosure with metal gates. i. In cases where space for 2 three cubic yard bins is reLauire -d CLQ7 '_. $,4- -g-r-1 Ui:d iv a�ti�i 14 - at materials generated by the development. For commercial (general, office, or retail), developments, space allotment for 2 three cubic yard bins (107" x 84 or 168" Y 53.5" , , or- a- space -allot--nent - -f or- one 40 cubic yard bin (288" x 12011) and one 3 cubic yard bin (84" x 53.5). The intended use for this space is to hold two side -by -side 3 cubic yard containers (one for refuse, one for recyclables), or one 40 cubic yard bin for refuse and nnP J cubic yard for recyclables. C. The design of the refuse disposal areas shall be compatible in design with the development and the surrounding- area -- d. Disposal areas shall be protected from weather conditions which might render collected recyclable materials unmarketable. e. Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide the minimum vertical clearance of 30 feet, or other SP_e/ cil \d fie clearance required by the collection methods and vehicles utilized by the hauler. f. A sign, approved by the Director of Community _Y Development, clearlv identifying a l I ranvrnl .1 ," M,.a_ --I ; a waste collection and loading areas, and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas. g =- DL-fuse -disposal -areas -shall -- not -be located in any area required by the Municipal Code to be constructed or maintained as unencumbered, according to fire and other applicable building and /or public safety laws. -Recycling area (s) shall be located so they are convenient and adjacent to regular refuse collection areas. 23 0061911 APCD Review of Uses 88. Prior to occupancy, Ventura County APCD Air Pollution Control District (APCD) shall review all uses to ensure compliance with the California Health and Safety Code (Section 65850.5 et seq.) regarding the use, storage and disposition of hazardous materials. Final Certificate of Occupancies shall be withheld until compliance with these provisions from the Ventura County APCD is provided. Building Security Ordinance 89. All aspects of building design shall conform to standards set forth in the City's "Building Security Regulations" (PD). Construction Security Guard 90. During construction, the construction site shall be properly r secured through the use of a perimeter chain link fence as specified by the Moorpark Police Department. (PD) Equipment Secured 91. During construction, equipment, tools, etc., shall be properly secured during non - working hours. (PD) Secured Appliances 92. All appliances (microwave ovens, dishwashers, trash compactors, etc.) will be properly secured to prevent theft prior to installation during non - working hours. All serial numbers will be recorded for identification purposes (PD). Enforcement of Vehicle Codes 93. Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by Vehicle Code Section 21107.7. CITY ENGINEER CONDITIONS PRIOR TO ISSUANCE OF A ZONE CUAgWEI THE FOLLOWING CONDITIONS SHALL BE SATISFIED: GRADING 94. The applicant shall submit to the City of Moorpark for review and approval, a grading plan that is consistent with the approved conceptual grading /drainage plan of CPD 90 -2 Major Mod. #1; shall enter into an agreement with the City of Moorpark to complete the improvements; and shall post 25 x±00193 sufficient surety guaranteeing completion. The grading plan shall be prepared by a California Registered Civil Engineer. 95. An erosion control plan shall be submitted for review and approval along with the grading plan. Erosion control measures shall be in place and functional between October 15th and April 15th. Along with the erosion control measures, hydroseeding of all graded slopes shall be required within 60 days of completion of grading. 96. The applicant shall submit to the City of Moorpark for review and approval, a detailed Soils Report certified by a Registered Civil Engineer in the State of California. The report shall include a geotechnical investigation with regard to liquefaction, expansive soils, and seismic safety. In addition, the soils report shall discuss the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. The report shall also address repairs completed on the northerly and westerly property line slopes of the site. The grading plan shall incorporate the recommendations of the approved Soils Report. Note: Review of the Soils Report by the City's consultant may be required by the City Engineer. If so, the applicant shall reimburse the City for all costs including the City's administrative and overhead costs. 97. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over 4' are adjacent to sidewalk so as to reduce debris from entering streets. STORM RUN -OFF 98. The applicant shall demonstrate for each building pad, to the satisfaction of the City Engineer, as follows: a. Adequate protection from a 100 -year frequency storm; and b. Feasible access during a 50 -year frequency storm. C. Hydrology calculations shall be per current Ventura County Standards. d. The grading plan shall show contours indicating the 50, 100 & 500 year flood levels. 26 99. The applicant shall submit to the City for review and approval, drainage plans, hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The drainage plans and calculations shall indicate the following conditions before and after development: a. Quantities of water, water flow rates, major water courses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Standards except as follows: b. All storm drains shall carry a 50 -year frequency storm; C. All catch basins shall carry a 50 -year storm; d. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; e. All culverts shall carry a 100 -year frequency storm; f. Drainage facilities shall be provided such that surface flows are intercepted and contained prior to entering collector or secondary roadways; g. Under a 50 -year frequency storm, all streets shall be provided with a minimum of one travel lane in each direction with a goal that local, residential and private streets shall have one dry travel lane available in each direction; h. Drainage to adjacent parcels shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows shall be provided by the subdivider; i. All drainage grates shall be designed and constructed with provisions to provide adequate bicycle safety to the satisfaction of the City Engineer; j. If the land to be occupied is in an area of special flood hazard, the subdivider shall notify all potential buyers in writing of this hazard condition; 27 0001195 k. All flows from brow ditches, ribbon gutters and similar devices shall be deposited into the storm drain system prior to entering streets. If necessary, the storm drain shall be extended beyond the public right -of -way through easements to eliminate surface flow between parcels. Both storm drain and easements outside the right -of -way are to be maintained by the Property - Owners' Association as required by the City Engineer; M. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. 100. The applicant shall provide for all necessary on -site and off - site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as approved by the City, shall be delineated on the final drainage plans. Either on -site retention basins or storm water acceptance deeds from off -site property owners must be specified. These facilities must also be acceptable to the Ventura County Public Works Agency. 101. The applicant shall construct all necessary drainage facilities, including brow ditch and slope bench drainage channels, with a permanent earth tone color so as to minimize visual impacts. Said color shall be submitted to and approved by the Director of Community Development and the City Engineer as part of the grading plans. 102. Sufficient surety, as specified by the City Engineer, guaranteeing the public improvements shall be provided. The surety shall remain in place for one year following acceptance of the public improvements by the City. STREET IMPROVEMENTS 103. The applicant shall submit to the City for review and approval, street improvement plans prepared by a Registered Civil Engineer, shall enter into an agreement with the City to complete the improvements; and shall post sufficient surety guaranteeing the construction of the improvements. The - improvements shall include concrete curb and gutter, sidewalk, street lights, traffic signal modifications, striping and signing, paving and any necessary transitions to the satisfaction of the City Engineer. (No dual left turn onto Mountain Trail, from northbound Tierra Rejada Road, will be constructed at this time). 28 �oti��0� The street improvements shall also provide that: i. No new median breaks shall occur along the Tierra Rejada Road frontage. ii. Both curb returns on the south side of the Tierra Rejada /Mountain Trail intersection are designed to have 45 foot radii. iii. All driveway locations shall be as shown on the approved site plan for CPD 90 -2 Major Mod #1 and as approved by the City Engineer and Director of Community Development. iv. The proposed truck access located at the southeast corner of the project shall be eliminated. V. An eight (8) foot bike /emergency stopping lane shall be maintained. 104. The developer shall post a bond to cover the cost of design modification of City Drawing 91 -ML- 10442, construction, administration and inspection of a possible future dual left turn lane from northbound Tierra Rejada Road to westbound Mountain Trail Street. The bond shall be paid prior to the issuance of the first occupancy within the commercial project and shall remain in effect for a period of one year after issuance of the final certificate of occupancy for the last unit to be occupied within the commercial development area. The bond amount shall be reviewed and approved by the City Engineer prior to bond payment. 105. Any right -of -way acquisition necessary to complete the required improvements will be acquired by the subdivider at his expense. 106. Publicly dedicated streets shall conform to the design requirements of the Ventura County Road Standards (most recent revision) except as follows. a. Sidewalk crossfall shall not exceed 2 %. b. Sidewalks to provide a minimum clear width of five feet for pedestrians. 29 00(A97 107. The applicant shall provide a warrant study for the intersection of Cedar Springs Street and Mountain Meadow Drive to determine the need for a signal and the timing of its installation at a point in time to be determined by the City Engineer. The applicant shall pay the cost of the warrant study prior to the issuance of a building permit and if a signal is determined necessary, install it or provide surety in a form and amount approved by the City Engineer. 108. The applicant shall deposit with the City a contribution for the Tierra Rejada /Moorpark Road Area of Contribution (AOC). The actual deposit shall be the then current Tierra Rejada /Moorpark Road Area of Contribution rate, applicable at the time of payment. If previous payment of this contribution can be demonstrated, to the City's satisfaction upon concurrence of the Finance Director, the applicant would not have to pay the Area of Contribution fee. 109. The applicant shall also submit wall and landscaping plans and a copy of the CC &R's showing that provisions have been taken to provide for and maintain proper sight distances. 110. The applicant shall demonstrate legal access to all parcels to the satisfaction of the City Engineer. 111. The subdivider shall pay all energy costs associated with street lighting for a period of one year from the acceptance of the street improvements. DURING THE GRADING /CONSTRUCTION OPERATIONS THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 112. Construction activities shall be limited to between the following hours: a) 7:00 a.m. and 7:00 p.m. Monday through Friday, b) 9:00 a.m. to 5:00 p.m. Saturday. No work to be accomplished on Sunday pursuant to Ord. #149. Truck noise shall be minimized by the requirement that "Jake Brakes" shall not be used along the haul route within the City. 113. Construction equipment shall be fitted with modern sound reduction devices. The contractor shall insure proper maintenance and operation of all construction equipment. Direct injection diesel or gasoline powered engines shall be used if feasible. 30 000198 114. During the smog season (May - October) the developer shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during a Stage II smog alert. 115. A regular watering program to reduce dust shall be implemented. In an effort to reduce water consumption, the grading contractor shall use reclaimed water for dust control on site, when available and as approved by the City Engineer. Water shall be applied to the graded portions of the project site as determined by the City Engineer. This is estimated to reduce the amount of dust generated by up to 50 percent. a. All active portions of construction site shall be watered sufficiently to prevent excessive amounts of dust. Non - potable water shall be used if determined feasible by the Director of Community Development, the City Engineer and the applicant. Complete coverage watering shall occur at least twice daily, preferable in the late morning and after work is done for the day. b. All material excavation or grading shall be sufficiently watered to prevent excessive amounts of dust. C. All trucks importing or exporting fill to or from the Tract shall use tarpaulins to cover the load. d. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds greater than 20 miles per hour (mph) averaged over one hour. e. All unimproved areas with vehicle traffic shall be watered periodically and the vehicle speed shall be limited to 15 mph. f. Streets and private parking adjacent to the area being graded shall be swept as needed to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust. g. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized at all times. 31 0001 .93 116. All employees involved in grading operations shall be advised, in writing, to wear face masks during all periods of grading to reduce inhalation of dust which may contain the fungus which causes the San Joaquin Valley Fever. 117. The contractor shall remove silt, dust or other construction materials, as directed by the City Engineer, which may have accumulated from construction activities along the streets or on private property in the vicinity of the site. The contractor shall periodically sweep streets and parking areas, as per the City Engineer in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water run -off, etc.) which may have accumulated from the construction project. 118. Geometric improvements and traffic control measures approved by the City Engineer, or associated Traffic Studies must be included on the grading plan. 119. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. Contaminated and hazardous soil as defined by Department of Health Services may not be used for on -site soil fill or roadway subgrade unless the Department of Health Services determines in writing that said material has been treated to a level that is no longer considered a public health risk or requires public discloser by the Department of Real Estate. Any contaminated or hazardous soil shall be removed to be approved landfill. 120. Backf ill of any pipe or conduit shall be in 4 " fully compacted layers unless otherwise specified by the City Engineer. 121. Soil testing for compaction is to be performed on all pipe or conduit placement. The interval of testing shall be less than once every 4 feet of lift and 100 lineal feet of pipe or conduit placed. 122. Where roads requiring four or more inches of pavement are to be built, the applicant shall construct the required street section minus one -tenth of a foot of paving as an interim condition until all utility cuts or trenching are completed. The final one -tenth of a foot cap of asphalt shall be placed after all necessary trenching is completed. 123. That prior to any work being conducted within the State or City right -of -way, the applicant shall obtain an Encroachment Permit from the appropriate agency. 32 000200 124. If necessary, the applicant shall obtain a Ventura County Flood Control District Watercourse Encroachment Permit. PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED 125. If the land is in a special flood hazard area, the applicant shall notify all potential buyers of this condition. 126. All costs to redesign and install the modifications for the following intersections as a result of this application shall be borne by the applicant at its sole expense and not eligible for AOC reimbursement or credit: A. Tierra Rejada Road at Mountain Trail Street. B. Tierra Rejada Road at High School (North Center entrance {formerly Brookwood}). C. Tierra Rejada Road at Countrywood. 127. An 18" slough wall shall be constructed directly behind the back of the sidewalk where slopes over 4' are adjacent to sidewalk so as to reduce debris from entering streets. PRIOR TO ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION THE FOLLOWING CONDITIONS SHALL BE SATISFIED• 128. All surety guaranteeing the public improvements shall remain in place for one year following acceptance of the improvements by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to of greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 129. All utilities are required to be undergrounded to the nearest off -site utility pole except for transmission lines. Prior to the issuance of a zoning clearance, the applicant shall submit a plan for review and approval to the Director of Community Development which identifies how compliance with the undergrounding requirement will be met. 130. An "Unconditional Will Serve Letter" for water and sewer service will be obtained from the Ventura County Waterworks District No. 1. 131. If any archaeological or historical finds are uncovered during excavation operations, the permittee shall assure the preservation of the site; shall obtain the services of a qualified archaeologist to recommend disposition of the site; and shall obtain the Director of Community Development's written concurrence of the recommended disposition before resuming development. 33 �+ � 20-1 PRIOR TO THE ACCEPTANCE OF PUBLIC IMPROVEMENTS AND BOND EXONERATION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 132. Original "as- built" plans will be certified by the applicant's civil engineer and submitted with two sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "As- Builts" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "As- Built" plans are required before a final inspection will be scheduled. 133. Reproducible centerline tie sheets shall be submitted to the City Engineer's office. 134. The applicant shall file for a time extension with the City Engineer's office at least six weeks in advance of the expiration of the agreement to construct subdivision improvements. The fees required will be in conformance with the applicable ordinance section. 135. All surety guaranteeing the public improvements shall remain in place for one year following acceptance of the improvements by the City. Any surety bonds that are in effect three years after final map approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. FIRE DEPARTNEUM CONDITIONS 136. Where two way traffic and parallel parking on one side and off - street parking on one side occurs, a 30 -foot street width shall be provided (FD). 137. Where two way traffic and off - street parking on both sides occur, a 25 -foot street width shall be provided (FD). Submission of Plans 138. Prior to construction, the applicant shall submit two site plans to the Fire District for approval of the location of the fire lanes. The fire lanes shall be posted in accordance with California Vehicle Code, Section 22500.1 and Article 10 of the Uniform Fire Code prior to occupancy (FD). 139. A plan shall be submitted to the Fire District for review indicating the method in which buildings are to be identified by address numbers (FD). 140. Prior to construction, the applicant shall submit plans to the 34 €0,023 Fire District for approval of the hydrants. On plans, show existing hydrants within 300 feet of the development (FD). 141. Plans for any fire alarm system shall be submitted to the Fire District for plan check (FD). 142. Building plans for all A,E, and H occupancies shall be submitted to the Fire District for plan check (FD). Brush Removal 143. All grass or brush exposing any structure (s) to fire hazards shall be cleared for a distance of 100 feet prior to framing, according to the Ventura County Fire Protection District (FD). Trash Containers 144. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic fire sprinklers (Uniform Fire Code, Article 11) (FD). 145. Applicant shall obtain VCFD Form No. 126 "Requirements for Construction" prior to obtaining a building permit for any new structures or additions to existing structures (FD). Fire H drants 146. Fire hydrants shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Moorpark Waterworks Manual (FD). a. Each hydrant shall be a 6 inch wet barrel design and shall have two 4 inch and one 2 1/2 in outlet(s). b. The required fire flow shall be achieved at no less than 20 psi residual pressure. C. Fire hydrants shall be spaced 300 feet on center and so located that no structure will be farther than 150 feet from any one hydrant. d. Fire hydrants shall be set back in from the curb face 24 inches on center. Required Fire Flow 147. The minimum fire flow shall be determined by the type of building construction, proximity to other structures, fire walls, and fire protection devices provided, as specified by 35 000203 the 1991 Uniform Fire Code Appendix III -A and adopted amendments. Given the present plans and information, the required fire flow is approximately 2,300 gallons per minute at 20 psi. The applicant shall verify that the water purveyor can provide the required volume to the project (FD). 148. Fire flow is based on Type V construction. New hydrant locations shall be completed for this site (FD). Sprinkler System 149. Buildings protected by an automatic sprinkler system, shall submit plans, with payment for plan check,, to the Fire District for review (FD). 150. Any structure greater than 5,000 square feet in area and /or 5 miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with Ventura County Ordinance No. 14. All Weather Access 151. Prior to combustible construction, all weather access road /driveway suitable for use by a 20 -ton Fire District vehicle shall be installed. Vertical Clearance 152. All driveways shall have a minimum vertical clearance of 13 feet 6 inches. VENTURA COUNTY WATERWORKS DISTRICT NO.. 1 CONDITION 153. The applicant for service shall comply with the Ventura County Waterworks District No. 1 "Rules and Regulations" including all provisions of, or relating to the existing industrial waste discharge requirements and subsequent additions or revisions thereto. SECTION 2. The City Council hereby rescinds Resolution No. 90- 729 approving CPD 90 -2. PASSED, APPROVED AND ADOPTED THIS 6 OF DE MBER, 1995. JI or of a �Citvyco Moorpark MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 95 -1164 was adopted by the City Council of the City of Moorpark at a meeting held on the 6th day of DECEMBER , 1995, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS PEREZ, WOZNIAK, AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMEMBER HUNTER WITNESS my hand and the official of said City this 14th day of DECEMBER , 1995. Lillian E. Hare, City Clerk FAUN W. LAWRASON JR. JOHN E. WOZNIAK PATRICK HUNTER BERNARDO M. PEREZ Mayor Mayor Pro Tern Councilmember Councilmember 00(420r- 0 . .V. v id z O � _ S yra ° .�' = moo': C ,q(• ,,. �^ >� c :T' 1 x R�� � � m 9 ®/ a �K�►,�yk��'gc .>•- .. a a "s .a s UM a� S f Nf 1A Y�y Ii[�.IW'11i vm oosev aaauna . 0 f i C i i I / / 1 rma aoox+ 6eS ff9MiLi i 0 0 � � Y O � I I I I I µ y / I e m / 's 0 ( 2@7 I 11111 - T I I I I 111114411ftirTT 0- L Un PC ATTACHMENT 4.C. oil I 11 'is, m no man , I! HOBNOB ,gill,, MEN IBM ,Ilion Mons 0 4011111121110 00444111111122, MMUNCHN I .111-14011 loss am mallsomem, ones 0 Iloilo ■-Nis pill PC ATTACHMENT =1 L G� xt Mill l 3 E PLO OSi k4"i W N0 Cd101d °'q h(EI1GN acni — r 5 —tw- — u•t•Kww /•[N10.11.11••'L1.011• K•K viv *ossv SURALAe _.. 21133Mf 9 Hvl1IIOOld i ..w.ava xa��r+u ons smoaviw wriwnow i ! � R i a o° s1 j pp W 5 3 3 at =�b�O�j4e$fflltfflt'1f$�� ���9�If1L111119���ao� I �- el J 0062 .o • • LLJ1..1 aesw na nit w.w�u ••a••••Y;�• *m 1./w.11:1 M1wM 'L1b11. MAii ® Ell�llE e SPJMVAM33@S 91NOM 6 aY.. QYJ xsu�a�avuaau sroaw�r x�r�.u,�osr 8 o Os+ `b�Mp i 4b� 3d3�Sp3tl+ Qd �I 0V(J21 i s H U �I a a� 0V(J21 i s zi �R c� FE -5 L I I 71 F 11 - I I PC ATTACHMENT �r r4 *a 24 -0' ..__,k.... 21' -O' 21' 0' 24 0' PC ATTACHMENT 4.H. �1 G t� rig Q �Ja M - Y��u �sFr�V U Ou LL- 0 6' -0' 4. ' 4' -6. O N' f f2' -6X3 O'y2' -- 2 6 3 Off` -2' 6 _.. I �`2 6"`3 O'�`2- 2'- 6'- 3' -0'� 2' -6! �- N, f b I I o I b b 1 G' _p " 7'-G,_,_ 3' -a T -6' 6', O'.. 4 6' 3 a 4 6'.. x 7 -6• g Ow'.. f TO b; b o a 24._0. 21-0. a r -a - — za -a - to -01 PC ATTACHMENT 4.H. �1 G t� rig Q �Ja M - Y��u �sFr�V U Ou LL- iVs ri sib }n � w0 81 <.r cos sau:. -re uoadm Y]�n6] l � n]urix o �rnau a rmm� o ]u s oo aa. rav],ar vraa,vry x]_,am our s�imvaa Z O = _O w J � W O� r� LL- n- i = 4s1I 2125 r twwarvaam a�t�uloxi �� ..a. ari =7= raiurvvnow Z O o W II J _ W W \ C) w J E /` U H E♦ d; a 006,2.4 I , - REAR ELEVATION scale 1/4" = 1'-0" - RIGTH SIDE ELEVATION scale 1/4" = P -0" �z Im, SECTION " A " PC ATTACHMENT 114" scale = 1 ' -0" 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. 4 OF COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 1990 -02 AND CONDITIONAL USE PERMIT NO. 2005 -01 ON 11.79 ACRES AT THE SOUTHWEST CORNER OF TIERRA REJADA ROAD AND MOUNTAIN TRAIL STREET, ON THE APPLICATION OF CONSTANTINO NOVAL WHEREAS, at a duly noticed public hearing on April 26, 2005, the Planning Commission considered Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01 on the application of Constantino Noval for the build -out of three (3) existing pad areas with 17,324 square feet of building space and a Conditional Use Permit to allow a 7,724 square -foot fitness center within 100 feet of residentially -zoned property, at the southwest corner of Tierra Rejada Road and Mountain Trail Street; and WHEREAS, at its meeting of April 26, 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 15332 as a Class 32 (In -fill Development Projects) exemption. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. MODIFICATION FINDINGS: A. The proposed use would not have a substantial adverse impact on surrounding properties in that the existing shopping center was designed with the eventual build -out of vacant pads, the new buildings are consistent with the existing center, any proposed use requesting to occupy the S: \Community Development \DEV PMTS \C U P \2005 \01 Mtn. Meadows Plaza \Reso \PC Reso.doc PC ATTACHMENT 5 Op621G Resolution No. PC -2005- Page 2 new buildings would be required to conform to the CPD zone, and parking is adequate. B. The proposed use would not change any findings contained in the environmental documentation prepared for the permit, in that the effects of the proposed project were adequately analyzed in the Mitigated Negative Declaration, Initial Study and Mitigated Monitoring Program prepared for CPD No. 1990 -02. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The proposed use, as conditioned, is consistent with the provisions of the City's General Plan, Zoning Ordinance, and any other applicable regulations, in that a fitness center is an allowed use in the CPD zone. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that the fitness center is an appropriate expansion of the existing commercial uses on site and, operating within the hours permitted for the shopping center, is a compatible use adjacent to a residential neighborhood. C. The proposed use is compatible with the scale, visual character and design of the surrounding properties in that the fitness center has been designed on a vacant building pad intended for a development of this scale and is consistent with the existing architecture of the shopping center. D. The proposed use will not be obnoxious or harmful, or impair the utility of the neighboring properties or uses, in that the fitness center is conditioned to comply with all existing conditions of approval adopted for the existing shopping center, including limited hours of operation, and sufficient parking is provided at the shopping center. E. The proposed use will not be detrimental to the public health, safety, convenience, or welfare, in that the fitness center is conditioned to comply with all existing conditions of approval adopted for the existing shopping center, including limited hours of operation. 0 () (91 211 Resolution No. PC -2005- Page 3 SECTION 3. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of Modification No. 4 to Commercial Planned Development Permit No. 1990 -02 and Conditional Use Permit No. 2005 -01 subject to the Special Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 4. 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 26th day of April, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special Conditions of Approval 006218 Resolution No. PC -2005- Page 4 EXHIBIT A SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 4 TO COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 1990 -02 1. All buildings shall be constructed in substantial conformance with the plans submitted with the application for Modification No. 4 to Commercial Planned Development No. 1990 -02. 2. All conditions of approval of Resolution No. 1995 -1164 shall continue to apply unless modified by this permit. All applicable fees shall be paid prior to the issuance of each building permit. 3. Prior to the issuance of any building permits, a landscape and irrigation plan shall be submitted for review and approval by the Community Development Director to show landscaping of the pad buildings consistent with existing landscaping for the shopping center. A deposit to cover the cost of landscape plan review shall accompany the submittal. 4. Prior to the issuance of any building permits, a lighting plan for the exterior of the buildings shall be submitted for review and approval by the Community Development Director to demonstrate compliance with Chapter 17.30 of the Moorpark Municipal Code. A deposit to cover the cost of lighting plan review shall accompany the submittal. 5. A screened wall with a pedestrian gate shall be installed at the entrance to the walkway behind the proposed fitness center to prevent unauthorized access. This area shall be lighted to the satisfaction of the Community Development Director and Police Chief. 6. Prior to the issuance of a building permit the applicant shall submit the building colors for review and approval by the Community Development Director 7. A separate Sign Permit application is required for all proposed signs. All signs shall be consistent with approved signs for the shopping center, subject to the approval of the Community Development Director. 8. For all flat roofed portions of buildings, a minimum eighteen (18 ") inch parapet wall above the highest point of the flat roof shall be provided on all sides. Ground - mounted equipment is preferred. Roof - mounted equipment that 00021.9 Resolution No. PC -2005- Page 5 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. 000220 Resolution No. PC -2005- Page 6 SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2005 -01 1. All conditions of approval of Resolution No. 1995 -1164 shall apply unless modified by this permit. 2. Any massage businesses or technicians operating in the fitness center shall have all required licenses from the City consistent with Chapter 5.48 of the Moorpark Municipal Code. 3. On -site sale of alcoholic beverages without prior approval of a Conditional Use Permit is prohibited. - END - 00022 -. ITEM: 8.E. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direct o Prepared by Jared Rosengren, Contract Planne DATE: April 20, 2005 (PC Meeting of 04/26/05) SUBJECT: Consider Industrial Planned Development Permit No. 2005- 01 and Administrative Exception No. 2005 -01 for the Construction of a Single - Story, 9,997 Square -Foot Industrial Building on a 0.58 -acre Lot North of the Terminus of Fitch Avenue, on the Application of Gehricke Architects for Creative Woodworks BACKGROUND The applicant has filed a request for an Industrial Planned Development (IPD) Permit to allow construction of an approximately 9,997 square foot cabinetry fabrication and showroom with some office space on a 25,265 square foot (0.58 acre) parcel located at the north side of the terminus of Fitch Avenue, east of Minor Street. An Administrative Exception for a reduction of a required minimum front yard setback is also requested. An Administrative Exception by itself is acted on by the Community Development Director without a hearing. However, when filed in conjunction with a permit application that requires a higher level of discretion, the Director may require it to be considered concurrently with that permit. In this case, the Administrative Exception is being considered concurrently with the IPD Permit. DISCUSSION Project Setting Existinq Site Conditions: The 0.58 acre, relatively flat site was created as part of an industrial park, and is rectangular in shape except for the southern property line, which concaves inward as a result of the cul -de -sac on Fitch Avenue. The site is located 600 feet east of Spring Street, 300 feet south of Los Angeles Avenue and just south S: \Community Development \DEV PMTS \I P D \2005 \01 - Creative Woodworks \Agenda Rpts \PC Agenda Report.doc 0� 22'A.20 Honorable Planning Commission April 26, 2005 Page 2 of the Ventura County Transportation Commission railroad tracks. It is presently vacant, primarily covered by non - native weeds. Previous Applications: On February 15, 2002, the Moorpark Redevelopment Agency acquired a 4.21 -acre parcel at the terminus of Fitch Avenue for the construction of a Public Works /Parks, Recreation, and Community Services Department corporate yard. By early 2004, planning and design for the corporate yard facility had progressed to the point that the Redevelopment Agency declared the 0.58 acres that comprise this site as "surplus." The Redevelopment Agency solicited development proposals for the property, and on June 2, 2004, directed the Agency staff to negotiate a Disposition and Development Agreement with Creative Woodworks for the surplus property. The sale of this property required a parcel map to separate it from the corporate yard property. Tentative Parcel Map No. 5576 was approved by the Planning Commission on February 22, 2005. The Final Map is currently being processed by the City's Engineering Division. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site Light Industrial Industrial ........ ... ................................................ _................... (I -1) .................. _._......._._.........._.. - - - - -- ._......................_..........................._...................................-................................................................................__................................_...._..._._-..._............... Park (M -1) Vacant ............................... Construction Downtown Industrial Materials, North Specific Plan - Park (M -1) Contractor's Light Industrial Office, VCTC ............................... ...... .... ... _..----- - - - - -- - - - -----...._................................_......................_ Railroad ROW South .............. Light Industrial ................................ ...................................... ....................... ..... Industrial _ ........ - ............................. ........... ----...................................................................... Caltrans .............................................................. _ .... _- - - -_.. (I -1) _._.._......._.........._...._...._......_.....................................__..........................................__._..........................__.......................................---...._.._.........................._-----...._...................................... Park (M -1) Maintenance Yard East Light Industrial Industrial .........._._._.........- ...... Future Corporate ...................................................... _ ........................... ............ ....... (I -1) Park (M -1) Yard Facility West ...................._................................ _._ .... _ ............................. Light Industrial .. ......... _ .... ............................. _._ ........................................ Industrial ..__ ............................ .... .---._. ........................................... --- ........ ............................ Automotive Repair (I -1) Park (M -1) General Plan and Zoning Consistencv: The project is consistent with the goals and policies of the General Plan. The Administrative Exception from the Zoning Regulations is requested for a reduced front setback in one corner of the site to account for the irregular front property line resulting from the cul -de -sac bulb on Fitch Avenue. This issue is discussed in detail later in this report. 006223 Honorable Planning Commission April 26, 2005 Page 3 Project Summary Industrial Planned Development Permit No. 2005 -01: Proposed Use Building Area (Sq. Ft.) Cabinet Fabrication Area 7,953 Office /Showroom Area 2,044 Total 9,997 Proposed Project Architecture: The architectural design is typical of that found on this type of facility. The proposed buildings will be constructed of sand blasted, natural color, tilt -up concrete panels accented with vertical relief in combination with smooth, gray - painted exterior panels. The building will contain architectural features such as window glazing, decorative window scoring, reveals and accent lighting. The showroom will have the additional treatment of false balconies, ribbed metal roofing, and wood eve kickers. The functional roof height for all buildings, including architectural elements and parapet walls is consistent with the thirty (301) foot height limit requirements of the City's Zoning Ordinance. Setbacks: A portion of the proposed parking lot encroaches into the required twenty (20') foot front yard setback, and for that reason, the applicant has requested an Administrative Exception to allow a twenty (20 %) percent reduction in the front yard setback. This item is discussed in further detail in the Analysis section of this report. No side and rear setbacks are required in this zone. Circulation: The site is accessed via Fitch Avenue. The site has been designed with appropriate on -site circulation. The driveway width and radii have been designed to accommodate large trucks and heavy equipment. Parking: Proposed Use Spaces Required Spaces Provided Manufacturing, 20 20 Wholesale, and General Industrial Purposes Total 20 20 00622'1 Honorable Planning Commission April 26, 2005 Page 4 Loading Area: The applicant proposes two loading spaces to be located in the east portion of the site. The loading spaces do not encroach into any required setback and will not interfere with vehicle or pedestrian circulation. Landscaping: A conceptual landscape plan consisting of a combination of trees, shrubs and groundcover has been prepared for the site. The applicant proposes fourteen (14 %) percent of the project site to be landscaped, exceeding the Zoning Code minimum requirement of ten (10 %) percent. 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: As is required with all commercial /industrial projects, staff has incorporated a standard condition requiring a contribution to the Moorpark Traffic Systems Management Fund to off -set air pollutants, consistent with the 2003 Ventura County Air Quality Assessment Guidelines. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their recommendation to the City Council: • SPthankq As stated above, a portion of the proposed parking lot encroaches into the required twenty -foot (201) foot front yard setback. The applicant has requested an Administrative Exception to allow a 20% reduction in the front yard setback. The reason for the request arises from the irregular shape of the front property line caused by the cul -de -sac at the terminus of Fitch Avenue. Section 17.44.040 of the Zoning Ordinance states an Administrative Exception may be granted for a 20% decrease of any required setback by the Community Development Director provided it be granted only OW -422 Honorable Planning Commission April 26, 2005 Page 5 once. Findings for an Administrative Exception require that it not impact neighboring properties, that strict application of the Zoning Regulations creates practical difficulties or unnecessary hardships, and the granting of the exception is consistent with the General Plan and applicable Specific Plans. Staff had determined that this Administrative Exception request meets those requirements. Findings Industrial Planned Development Permit No. 2005 -01 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 with the approval of an Administrative Exception for the reduction of the front yard setback in that the proposed industrial use is a planned and permitted use for the site. 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 industrial building provides sufficient parking and loading spaces on site and is situated in an area planned for industrial uses. C. The proposed uses are compatible with existing and permitted uses in the surrounding area, in that the proposed industrial building is consistent with other similar projects approved within the city. Administrative Exception No. 2005 -01 A. The granting of the exception will not create negative impacts to abutting properties in that the setback reduction would not affect access, visibility, or use of abutting properties. B. The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations in that the proposed design provides for a viable industrial building with adequate parking and loading spaces which would be difficult to achieve without the minor encroachment into the front setback where the cul -de -sac bulb curves inward at the front property line. C. The granting of the exception is consistent with the General Plan in that industrial uses have been envisioned for this site, and the proposed use and structure meet all applicable goals and policies of the General Plan. Honorable Planning Commission April 26, 2005 Page 6 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: April 20, 2005 Planning Commission Action Deadline: Not Applicable City Council Action Deadline: June 19, 2005 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 cannot 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 15303 (Class 3 - New Construction or Conversion of Small Structures) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. 00(,227 Honorable Planning Commission April 26, 2005 Page 7 STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending that the City Council approve Industrial Planned Development Permit No. 2005 -01 and direct the Community Development Director to approve Administrative Exception No. 2005 -01 subject to conditions of approval. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan B. Floor Plan C. Elevations D. Landscape Plan 4. Draft PC Resolution with Conditions of Approval 0 "6`223 T' t .... . ........ �OS ST. UTMT AVE VEIT, FITCH T. I WIUNG AVE. AVE. FLIN AVE. .......... LOCATION MAP NORTH PC ATTACHMENT 1 1 AIxIx G4 FA PC ATTACHMENT 3.A. rrcro5En 51T PLAN MlCT nATA a o.era. Nw e.rM GivFW l.aigM �' , G GN)i'awtM L C1 tMewreCMM Frgett. klmiu. �2 ffi e- La[ C I fee.hw SEe•4f2M.f ltW ' Im M-i .1 4l�epler 1.'UlJ •♦OeeFwer h4lniGw la uw#PM•.Lnhu iW�•iti OAr hw 2.C'WY fOf4 O,V219 PNm 4wwxhV#W J. -Xl wew t.Li.hG.wwe: Pre.a(Ww #.Ii.IMG<wae.iY:� -2J� ? CwPrir W+� ip WLln+lntaM ( Tep'+�✓�T'< M7 #Lw. w.. -I9SfJ PyJylµgw,. 1. #M n .f 4Hx) PrryrN!eMw{i Pert dU' Somx L'N.a. FlrnMwwrwww.e+q.NNewvswbMnaa alwnb JAUMw4�+leniw wd..pnwa.( AbsPSi V +.aiw.M Fba/ Cti'.fw1M #. waoAMwJI�Y. reLwwdJwvy rM, y �rMMbis.Ja\rMmwMne.. Ci X McAwd e#ws ♦bMvWsWrdwnaMrmn ...alp) i � Y. Fme.e` eb#w �� sere lwv �.M.e.L.a+n:G � eo!e�rm, rw eos�sz>�rne , heebq LMtle habit. N1V 10lC NF`RM. MwwL. C. ♦w:Y C.ti6Wrde#.dpwc� Wk w:.+.nlre4id+..xnrr ' NOTf5 1 �wbpeMw %quwlPe hbwxndn+w. �wre aaJV. 1. Oe6i.iSd#r. ♦. Lnab�hx(S.Aw L -0J Ib.WMMm+nsusfie b 4V Ww. Pp.JI 'owLwa. 10 6q N. IwwN 4v. r. W'•'wwwwb 12. OIIMtrvMLw.#Iwwww V. 2Mxb C4.4MM Is. wpwFwa, M • /eM W..ea>w.i..enaeR VICINITY W IC'r FOYJlk 1 #�YUUy p #OW C� n r WrWWW�WWWW� W W !916r A -_IY__ Pg,-f PLAN "lr , .< 4 L ca i.irrn<.tie.�n, tlP5f LQc* 10f<,FfLA, LOt(ING PLAN PC ATTACHMENT 3.B. �k r I x o tom i �.n ns noreo . MMT I! a,�� 2 C West Elevation (Faces Air gap) a. tit North Elevation (Railroad Stile) East Elevation (Faces Corp. Yard) PC ATTACHMENT 3.c. as 5 1.1111.1111,111. unAwm 'y IV Is .1 A-3. CREATIVE WOODWORKS zil FITCH AVENUE PLANT LEGEND SYY - -CM- 1 ---- E W-EC -- - - -- -? CREATIVE WOODWORKS TKts 0 —1 TREE 1-1.1 COWMI W 0 cEA HOR cLA140II'm Hl120PTAU5 WILD LIUC 6 5 GI( Lj • Kd WA HEWEIOCILUS NYIIWID'DRA#f YELLOW' "TUL, 205 t CAC z LAN 0 0 cl, YOM L,NT.N, NONT(lw— w. Si 5 GAL < X —NWAE� —1 u 0 W 0 L; R05 no ADS"'Ifts o. '"amm, IomwI, 5 GAL lL M LAMATRIn 51 5 CAL lic Lli GROUMOCOYER Q' "IRRE, S00 WN C NOW LIM I SHADE CALMLATIONS TOTAL PARKING LOT SQUARE FOOTAGE - 8.092 SO FT CANOPY COVERAGE AT 10 YEARS - 61% 16501 2/18/05 PC ATTACHMENT 3.D. Kn SCALE I"=20'--O" LANDSCAPE CONCEPT L-0 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2005 -01 AND DIRECT THE COMMUNITY DEVELOPMENT DIRECTOR TO APPROVE ADMINISTRATIVE EXCEPTION NO. 2005 -01 FOR A 9,997 SQUARE -FOOT INDUSTRIAL BUILDING ON A 0.58 -ACRE PARCEL LOCATED ON THE NORTH SIDE OF THE TERMINUS OF FITCH AVENUE, ON THE APPLICATION OF GEHRICKE ARCHITECTS WHEREAS, at a duly noticed public hearing on April 26, 2005, the Planning Commission considered Industrial Planned Development Permit IPD No. 2005 -01 and Administrative Exception No. 2005 -01 on the application of Gehricke Architects for a 9,997 square -foot cabinetry fabrication and showroom with some office space on a 25,265 square -foot (0.58 acre) parcel located at the north side of the terminus of Fitch Avenue; and WHEREAS, at its meeting of April 26, 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 15303 as a Class 3 exemption for construction and location of a limited numbers of new, small facilities or structures. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and S: \Community Development \DEV PMTS \I P D \2005 \01 - Creative Woodworks \Reso \PC Reso IPD.doc PC ATTACHMENT 4 041623J Resolution No. PC -2005- Page 2 colors and landscaping is consistent with the provisions of the General Plan, any applicable Specific Plans, zoning ordinance and any other applicable regulations with the approval of an Administrative Exception for the reduction of the front yard setback in that the proposed industrial use is a planned and permitted use for the site. 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 industrial building provides sufficient parking and loading spaces on site and is situated in an area planned for industrial uses. C. The proposed uses are compatible with existing and permitted uses in the surrounding area, in that the proposed industrial building is consistent with other similar projects approved within the city. SECTION 2. ADMINISTRATIVE EXCEPTION FINDINGS A. The granting of the exception will not create negative impacts to abutting properties in that the setback reduction would not affect access, visibility, or use of abutting properties. B. The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations in that the proposed design provides for a viable industrial building with adequate parking and loading spaces which would be difficult to achieve without the minor encroachment into the front setback where the cul -de -sac bulb curves inward at the front property line. C. The granting of the exception is consistent with the General Plan in that industrial uses have been envisioned for this site, and the proposed use and structure meet all applicable goals and policies of the General Plan. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends that the City Council approve Industrial Planned Development Permit No. 2005 -01 and direct the Community Development Director to approve Administrative Exception No. 2005 -01 subject to the Conditions of Approval included in Exhibit A (Standard Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. PC -2005- Page 3 SECTION 4. 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 26th day of April, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Standard Conditions of Approval Resolution No. PC -2005- Page 4 EXHIBIT A STANDARD CONDITIONS OF APPROVAL FOR INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 2005 -01 STANDARD CONDITIONS GENERAL REQUIREMENTS 1. This permit is granted for the land and project as identified on the entitlement application and as shown on the approved site plan and elevations on file in the Community Development Department. The location of all site improvements shall be as shown on the approved site plan and elevations except or unless otherwise indicated herein in the following conditions. Some uses may require additional discretionary approval. A Zoning Clearance from the Community Development Department shall be required of all uses in any building. Based upon potential impacts, the Community Development Department may determine that certain uses will require additional environmental documentation. 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. 3. 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 Resolution No. PC -2005- Page 5 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. 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. 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. If any architectural 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. 6. 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. 000239 Resolution No. PC -2005- Page 6 7. 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 the design guidelines. FEES 8. 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 Director 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 Subdivision. 9. 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 Director the Condition Compliance review deposit. 10. Capital Improvements and Facilities, and Processing: Prior to the issuance of any Zoning Clearance, the applicant shall submit to the Community Development Director, 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. 11. Parks: Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit to the Community Development Director Park and Recreation Fees in accordance with the Moorpark Municipal Code. For residential projects, the fees for affordable units may be established independent of the market rate units. 12. 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 Resolution No. PC -2005- Page 7 and Landscape Fee requirements in effect at the time of building permit application. 13. 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. 14. 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. 15. 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. 16. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Director the established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. 17. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Director 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. 18. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Director 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 subdivision. Commencing on the first of the year of this approval, and annually thereafter, the fee shall be increased to reflect the change in the Caltrans 006241 Resolution No. PC -2005- Page 8 Highway Bid Price (OR Engineering News Record Construction Index) 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. 19. Area of Contribution: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Director 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. 20. Street Lighting Energy Costs: Prior to recordation of Final Map, the applicant shall pay to the Community Development Director all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 21. Schools: Prior to issuance of building building, the applicant shall provide wri Community Development Director that all school impact fees applicable at the time building permit have been paid to the School District. permits for each tten proof to the legally mandated of issuance of a Moorpark Unified 22. 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 Director. 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. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 23. 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 24 Resolution No. PC -2005- Page 9 approval. The Master Sign Program shall be designed to provide comprehensive on -site sign arrangement and design consistent with the industrial center architecture and the City's Sign Ordinance requirements. 24. For all flat roofed portions of buildings, a minimum eighteen (18 ") inch parapet wall above the highest point of the flat roof shall be utilized on all sides. 25. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit 26. Exterior downspouts shall not be permitted unless designed as an integral part of the overall architecture. 27. 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. 28. 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. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources are mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 29. 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. 30. 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. ( d s2 43 Resolution No. PC -2005- Page 10 31. No exterior access ladders of any kind to the roof shall be permitted. 32. 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. 33. A Zoning Clearance shall be required for any re- striping of the parking area. All disabled parking spaces and paths of travel shall be re- striped and maintained in their original approved locations. 34. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 35. The Building Plans shall be in substantial conformance to the plans approved under this permit 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. 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. 00()24.1 Resolution No. PC -2005- Page 11 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. The final design and location of the trash enclosures shall be subject to review and approval of the Community Development Director and the City's Solid Waste Management staff prior to the issuance of a building permit. 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 and the City's Solid Waste Management staff. If drains from the disposal and recycling areas are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. 36. 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. 37. 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 be 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 Permit and applicable Zoning Code requirements. OPERATIONAL REQUIREMENTS 38. Loading and unloading operations shall not be conducted between the hours of 10:00 p.m. and 6:00 a.m. unless approved by the City Council. 39. 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. 40. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially (iW-245 Resolution No. PC -2005- Page 12 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 Planned Development Permit. 41. The applicant agrees not to protest the formation of an underground Utility Assessment District. 42. The continued maintenance of the permit area 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 after notification. 43. No noxious odors shall be generated from any use on the subject site. 44. 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. 45. Should this project not continue to meet these Conditions of Approval, the Community Development Director may declare the project not to be in compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080). 46. 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. 47. Prior to 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. On(,24G Resolution No. PC -2005- Page 13 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. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. 49. 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. 50. 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 51. 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 (3) full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on the final grading plan in conformance with the City of Moorpark Landscape Guidelines and policies; including, but not limited to, all specifications and details and 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. 52. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with oo Resolution No. PC -2005- Page 14 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. 53. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping (hereinafter "Parkway Landscaping ") constructed by the project, whether said Parkway Landscaping is within the street right -of -way or outside of the street right -of -way. Any Parkway Landscaping situated outside of the street right -of -way shall be within a landscape easement [herein "Landscape Easement "]. 54. Unless otherwise stipulated in the Special Conditions of Approval, all required on -site drainage improvements and /or stormwater quality [NPDES] features or facilities [herein "Drainage Improvements "] shall be maintained by the Private Responsible Party. 55. 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. 56. 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. 57. 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 Practices 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 City Engineer for review and approval prior to the issuance of a building permit. 58. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 006243 Resolution No. PC -2005- Page 15 59. 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 60. Trash enclosures and /or open recycling areas shall be designed to have a cover, a drain to the sanitary sewer, impermeable pavement, and designed so no other area drains into it. The design shall meet the standards for the City of Moorpark and as approved by the City Engineer and Ventura County Waterworks District No. 1. 61. All on -site storm drains shall be 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. 62. 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 the requirements of the National Pollution Discharge Elimination System (NPDES). 63. Prior to improvement plan approval, the applicant shall obtain the written approval on the improvement plans Mylar® 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.) 64. 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. 65. 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 00(0249 Resolution No. PC -2005- Page 16 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. 66. 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. 67. 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. 68. The applicant shall observe a 15 -mile per hour speed limit for the construction area. 69. The applicant shall comply with the City of Moorpark standard requirements for temporary storm water diversion structures during construction and grading. GRADING 70. 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 off -site 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 practices 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. 71. 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. 00(_ 25® Resolution No. PC -2005- Page 17 72. If any hazardous waste or material is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Protection District, the Sheriff's Department, and the City Engineer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 73. All grading and drainage plans are subject to review of the City Engineer. The plans shall be prepared by appropriately registered professional engineers. 74. Prior to issuance of the grading permit, the applicant shall provide a grading remediation plan and report for approval of the City Engineer. The report shall evaluate all major graded slopes and open space hillsides whose performance could effect planned improvements. The slope stability analysis shall be performed for both static and dynamic conditions using an appropriate pseudo- static horizontal ground acceleration coefficient for earthquakes on faults capable of impacting the in accordance with standard practice as outlined in DMG Special Pub. 117, 1997. 75. During grading, the geotechnical engineer shall observe and approve all keyway excavations, removal of fill and landslide materials down to stable bedrock or in -place material, and installation of all subdrains including their connections. All fill slope construction shall be observed and tested by the project geotechnical engineer, and the density test results and reports submitted to the City Engineer to be kept on file. Cuts and slopes shall be observed and mapped by the project geotechnical and civil engineers who will provide any required slope modification recommendations based on the actual geologic conditions encountered during grading. Written approval from the City Engineer shall be obtained prior to any modification. 76. Weekly progress reports and a grading completion report shall be submitted to the City Engineer by the project geotechnical engineers. These reports shall include the results and locations of all compaction tests, as -built plans of all landslide repairs and fill removal, including geologic mapping of the exposed geology of all excavations showing cut cross - sections and sub -drain depths and locations. The lists of excavations approved by the engineering geologist shall also be submitted. Building permits shall not be issued without documentation that the 006251 Resolution No. PC -2005- Page 18 grading and other pertinent work has been performed in accordance with the geotechnical report criteria and applicable Grading Ordinance provisions. 77. During grading, colluvial soils and landslide deposits within developed portions of the properties shall be re- graded to effectively remove the potential for seismically induced landslides in these materials. Additional buttressing, keying and installation of debris benches shall be provided in transition areas between non - graded areas and development as recommended in the final geotechnical reports of the project geotechnical engineer. 78. Prior to issuance of the grading permit, the geotechnical engineer shall evaluate liquefaction potential. Where liquefaction is found to be a hazard, the remediation plan shall provide effective measures to avoid and control damage. During construction, measures to reduce seismic liquefaction risks shall be employed as recommended in the approved remediation plan and associated geotechnical report, such as placement of a non - liquefiable cap over the alluvium, removal of the liquefiable soils, in -situ densification, or the excavation of a shear key below the base of the liquefiable zone. 79. The recommendations for site grading contained in the final geotechnical reports shall be followed during grading unless modifications are submitted for approval by the engineers -of -work and specifically approved in writing by the City Engineer. 80. Engineered fills shall be constructed to comply with the standards and criteria presented in the approved geotechnical report. The differential thickness of the fill under individual buildings shall be ten feet or less. These measures shall be verified by construction observation and testing by the project geotechnical engineer as outlined in the final geotechnical reports. 81. Additional analysis of the predicted total and differential settlements of the major fills at each site shall be performed by the project geotechnical engineer during the final design stage. Possible measures such as surcharging, delaying construction for a period of time before constructing on deep fills, or allowing for the predicted settlement in the design of the project components may be required based on the settlement data. Resolution No. PC -2005- Page 19 82. Consistent with the final geotechnical reports, at a minimum the following measures shall be implemented during design and construction where appropriate to minimize expansive soil effects on structures. Potential foundation systems to include pier and grade beam; use of structural concrete mats and post- tensioned slabs; pad overcutting to provide uniform swell potential; and soil subgrade moisture treatment. 83. Prior to issuance of building permits, chemical testing of representative building pad soils shall be submitted to determine the level of corrosion protection required for steel and concrete materials used for construction. The following measures shall be implemented where appropriate to protect against corrosion: use of sulfate - resistant concrete and use of protective linings to encase metallic piping buried in soils warranting such measures. 84. Prior to issuance of the initial grading permit, the applicant shall hire a qualified Registered Civil Engineer to prepare Erosion and Sediment Control Plans in conformance with Ventura County NPDES Permit No. CAS 004002. These Plans shall address, but not be limited to construction impacts and long -term operational effects on downstream environments and watersheds. The Plans shall consider all relevant NPDES requirements and recommendations for the use of best available technology and specific erosion control measures, including temporary measures during construction, to minimize water quality effects to the maximum extent practicable. Prior to the issuance of the initial grading permit review and approval by the Community Development Director and City Engineer shall be required. 85. Prior to the import or export of any dirt a Haul Route Permit shall be required in conformance with the City of Moorpark standard requirements. 86. Temporary irrigation, hydroseeding and erosion control measures shall be implemented on all temporary grading. Temporary grading is defined to be any grading partially completed and any disturbance of existing natural conditions due to construction activity. These measures will apply to a temporary or permanent grading activity that remains or is anticipated to remain unfinished or undisturbed in its altered condition for a period of time greater than thirty (30) days except that during the rainy season these measures will be implemented immediately. 00025.3 Resolution No. PC -2005- Page 20 87. The maximum gradient for any slope shall not exceed a 2:1 (h:v) slope inclination except where special circumstances exist. In the case of special circumstances where steeper slopes are warranted, a registered soils engineer and a licensed landscape architect will review plans and their recommendations will be subject to the review and approval of the City Engineer and the Community Development Director. 88. All graded slopes steeper that 5:1 (h:v) shall have soil amendments added, irrigation systems installed and be planted in a timely manner with groundcover, trees and shrubs (consistent with the approved landscape and irrigation plans) that will stabilize slopes and minimize erosion. Timely manner means that the slope soil amendments, irrigation systems and planting on each slope shall commence immediately upon the completion of the grading of each slope, that the completion of slope grading will not be artificially delayed and that the slope soil amendments, irrigation systems and planting shall be completed on a schedule commensurate with the grading. The planting will be to the satisfaction of the Community Development Director and the City Engineer. 89. Prior to approval of the grading plan, slough walls, approximately eighteen (18 ") inches high, with curb outlet drainage complying with requirements for NPDES Best Management Practices shall be shown on the grading plans at all areas behind the back of the sidewalk where slopes exceeding 4 -feet in height are adjacent to the sidewalk and constructed outside the street easement. A V -ditch shall be provided behind the slough wall. The applicant shall use the City's standard slough wall detail. Construction details and materials shall be to the satisfaction of the City Engineer and Community Development Director. 90. Grading may occur during the rainy season from October lst to April 15th, subject to written approval by the City Engineer and timely installation of erosion control facilities. Erosion control measures shall be in place and functional between October 1st and April 15th. In order to start, or continue, grading operations between October lst and April 15th, erosion control plans that are project progress specific and that provide detailed best management practices for erosion control during the rainy season shall be submitted to the City Engineer no later than September lst of each year that grading is in progress. No grading 0002 -54 Resolution No. PC -2005- Page 21 during the rainy season shall be permitted unless the City Engineer has approved erosion control plans required herein. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During the rainy season, October 1 through April 15, all graded slopes shall be covered with a woven artificial covering immediately after completion of each graded slope. Grading operations shall cease if the applicant fails to place effective best management measures on graded slopes immediately after construction. No slopes shall be graded or otherwise created when the three -day forecast for rain is twenty percent, or greater, unless the applicant is prepared to cover the permanent and temporary slopes before the rain event. The artificial covering and planting will be to the satisfaction of the Community Development Director and the City Engineer. 91. During clearing, grading, earth moving, excavation, soil import and soil export operations the applicant shall comply with the City of Moorpark standard requirements for watering and dust control. 92. Backfill of any pipe or conduit shall be in 4 -inch fully compacted layers unless otherwise specified, in writing, by the City Engineer. 93. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two feet (21) of lift and one - hundred lineal feet (1001) of trench excavated. Test locations shall be noted using true elevations and street stationing with offsets from street centerlines. 94. Concurrent with submittal of grading plans the applicant shall submit a geotechnical report in accordance with State law and the City of Moorpark standard requirements. 95. Prior to issuance of each building permit an as- graded geotechnical report and a rough grading certification for said lot shall be submitted by the Geotechnical Engineer for the approval of the City Engineer. 96. Prior to the approval of grading plans the applicant shall include on the grading plans entry walls and project identification signs in accordance with City standards. Landscaping, appropriate to the entry, shall be provided that will not interfere with sight- distance or turning 0 0251. Resolution No. PC -2005- Page 22 movement operations. The final design for the project entrance shall be reviewed and approved by the Community Development Director and the City Engineer. 97. At least one week prior to commencement of grading or construction, the applicant shall prepare a notice that grading or construction work will commence. This notice shall be posted at the site and mailed to all owners and occupants of property within 500 feet of the exterior boundary of the project site as shown, on the latest equalized assessment roll. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility, including the name of the contact responsible for maintaining the list. The names of individuals responsible for noise and litter control, tree protection, construction traffic and vehicles, erosion control, and the 24 -hour emergency number, shall be expressly identified in the notice. The notice shall be re- issued with each phase of major grading and construction activity. A copy of all notices shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a map identifying the area noticed. PUBLIC AND PRIVATE STREETS 98. Prior to construction of any civil improvement the applicant shall submit 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 attached Special Conditions all streets shall conform to the design requirements of the Ventura County Road Standards (most recent edition) and the policies of the City of Moorpark (most recent version), including all applicable American Disabilities Act (ADA) requirements. Street improvement design and construction shall be acceptable to the City Engineer and Community Development Director. 99. Above ground obstructions (utility cabinets, mailboxes, etc.) shall be placed within the right -of -way landscaping areas. When above ground obstructions are placed within the sidewalk, a minimum 5.0 feet clear sidewalk width shall be provided around the obstruction. 00O25,"o- Resolution No. PC -2005- Page 23 100. Prior to final inspection of improvements original "as built" plans shall be certified by the applicant's Registered Civil Engineer and submitted with three sets of blue prints and the appropriate plan revision review fees to the City Engineer along with electronic files in a format satisfactory to the City Engineer. These "as built" plans shall incorporate all plan revisions and all construction deviations from the approved plans and revisions thereto. The as built plans shall be "record drawings" on 22" X 36" Mylar® sheets (made with proper overlaps) with a City title block on each sheet. In addition, the applicant shall provide an electronic file update of the City's Master Base Map electronic file, incorporating all streets, sidewalks, street lights, traffic control facilities, street stripping, signage and delineation, storm drainage facilities, water and sewer mains, lines and appurtenances and any other utility facility installed for this project. 101. The street improvement plans shall contain a surveyor's statement on the plans, certifying that, in accordance with Business and Professions Code 8771, all recorded monuments in the construction area will be protected in place during construction or have been located and tied with no fewer than four durable reference monuments which will be protected in place during construction. 102. 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. 103. Prior to reduction of improvement bonds the applicant shall submit reproducible centerline tie sheets on 3 -mil polyester film to the City Engineer. 104. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. DRAINAGE AND HYDROLOGY 105. Prior to approval of a grading plan, the applicant shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations in a bound and indexed report prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict and examine all 00G125`2 Resolution No. PC -2005- Page 24 on -site and off -site drainage structures required by the City Engineer. 106. The drainage plans and calculations shall analyze conditions before and after development as well as potential development that is shown in the General Plan. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention and NPDES facilities and drainage courses shall be addressed. 107. Hydrology shall be per the current Ventura County Flood Control Standards except as noted herein or in the Special Conditions. 108. A rainfall intensity Zone K shall be utilized in the design surzfdierit 'timd to' provide stormwater r_larifir.Atinn by statement on the plans, certifying that, in accordance with Business and Professions Code 8771, all recorded monuments in the construction area will be protected in place during construction or have been located and tied with no fewer than four durable reference monuments which will be protected in place during construction. 102. Prior to issuance of the rirst building permit all existing and proposed utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. 1 (1� n ]. �_ _r �. Dior to reduction of iiiiproveiCient bonds 'the applicant shall submit reproducible centerline tie sheets on 3 -mil polyester film to the City Engineer. 104. 1;trPet 1inhtq chAl1 ]w r1�rn'7i�cd -__ :. -the ym.��`TMc�t .... plans per Ventura County Standards and as approved by the City Engineer. DRAINAGE AND HYDROLOGY 105. Prior to approval of a grading plan, the applicant shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations in a bound and indexed report prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete improvements and shall post sufficient surety guaranteeing the r- nnetriir•ti nn of all improvements. The plans shall depict and examine all Resolution No. PC -2005- Page 25 113. The grading plan shall show distinctive lines of inundation delineating the 50- and 100 -year flood levels. 114. All flows that have gone through flow attenuation and clarification by use of acceptable Best Management Practice (BMP) systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way are to be privately maintained unless otherwise approved by the City Council. Subdrain flows shall be discharged directly into the storm drain system at an inlet or junction structure. 115. Concrete surface drainage structures exposed to the public view, shall be tan colored concrete, as approved by the Community Development Director, and to the extent possible shall incorporate natural structure and landscape to reduce their visibility. 116. No curb outlets will be allowE onto the street. The applicant all future property owners that require observance of the notification agreement shall property owner and recorded with �d for pad or lot drainage shall inform, in writing, future private improvements same requirements. This be acknowledged by each each property. 117. Drainage devices for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge to the satisfaction of the City Engineer. 118. The applicant shall demonstrate, for each building pad within the development area, that the following restrictions and protections can be put in place to the satisfaction of the City Engineer: a. Adequate protection from a one - hundred (100) year frequency storm; b. Feasible access during a fifty (50) year frequency storm. C. Hydrology calculations shall be per current Ventura County Watershed Protection Agency Standards and to the satisfaction of the City Engineer. 000229 Resolution No. PC -2005- Page 26 d. All structures proposed within the one - hundred (100 year flood zone shall be elevated at least one foot above the one - hundred (100 year flood level. 119. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than eight (8') feet. In addition, all facilities shall have all - weather vehicular access. 120. The applicant shall demonstrate, certify and provide surety to the satisfaction of the City Engineer that all existing storm drain culverts within the site perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 121. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant for projects with construction activities that require a grading permit shall prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form established in the Ventura Countywide Stormwater Quality Management Program. The SWPCP shall address the construction phase compliance to stormwater quality management regulations for the project. The SWPCP shall be prepared by a California registered civil engineer. The SWPCP, improvement plans and grading plans shall note that the contractor shall comply with the California Best Management Practices Construction Handbook, published by the California Stormwater Quality Association. The SWPCP shall be submitted, with appropriate review deposits, for the review and approval of the City Engineer. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges and to design the use and placement of Best Management Practices (BMP's) to effectively prohibit the entry of pollutants from the construction site into the storm drain system during construction. Erosion and sediment source control BMPs shall be considered for both active and inactive (previously disturbed) construction areas. BMPs for wind erosion and dust control are also required. 122. The SWPCP shall require modification of BMPs as the project progresses and as conditions warrant. The first version and each subsequent revision of the SWPCP shall be accompanied 00(12CO Resolution No. PC -2005- Page 27 by a detailed project schedule that specifically identifies the type and location of construction operations for the project. The SWPCP shall be developed and implemented in accordance with the Ventura Countywide Stormwater Quality Management Program, National Pollutant Discharge Elimination System (NPDES) Permit No. CAS004002, Chapter 8.52 of the Moorpark Municipal Code and any other requirements established by the City. The applicant is responsible for ensuring that all project contractors, subcontractors, materials suppliers, tenants and tenants' contractors comply with all BMP's applicable to the SWPCP until such time as a notice of termination has been approved by the City Engineer and accepted by the Los Angeles Regional Water Quality Control Board. The SWPCP shall require applicant to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed off -site will not be allowed. 123. Prior to the issuance of any construction/ grading permit and /or the commencement of any clearing, grading or excavation, the applicant for projects with facilities identified as subject to the State Board General Industrial and Commercial permits shall prepare and submit Stormwater Pollution Prevention Plan ( SWPPP) . The SWPPP shall address the post- construction compliance to stormwater quality management regulations for the project. A California registered civil engineer shall prepare the SWPCP. The SWPPP, improvement plans and grading plans shall note that the contractor shall comply with the California Best Management Practices New Development and Redevelopment Handbook, published by the California Stormwater Quality Association. The SWPPP shall comply with the Ventura Countywide Stormwater Quality Management Program Land Development Guidelines, Technical Guidance Manual for Stormwater Quality Control Measures, and the Stormwater Management Program (SMP) to develop, achieve, and implement a timely, comprehensive, cost effective stormwater pollution control program to reduce pollutants to the maximum extent practicable. The SWPPP shall be prepared in compliance with the form and format established in the Ventura Countywide Stormwater Quality Management Program. The SWPPP shall be submitted, with appropriate review deposits, for the review and approval of the City Engineer. 0 V07 2GI Resolution No. PC -2005- Page 28 The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer and Community Development Director shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. "Passive" and "natural" BMP drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or similar "active" devices is not acceptable and shall not be used. The use of biological filtering, bio- remediation, infiltration of pre- filtered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The SWPPP shall establish a continuing program of monitoring, operating and maintenance to: a. Provide discharge quality monitoring. b. Assess impacts to receiving water quality resulting from discharged waters. C. Identify site pollutant sources. d. Educate management, maintenance personnel, users, to obtain user awareness and compliance with NPDES goals. e. Measure management program effectiveness. f. Investigate and implement improved BMP strategies. g. Maintain, replace and upgrade BMP facilities. h. Secure the funding, in perpetuity, to achieve items a through g above. 124. Engineering and geotechnical reports shall be provided to prove, to the satisfaction of the City Engineer, that all "passive" NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 0062G2 Resolution No. PC -2005- Page 29 125. Both the SWPCP and the SWPPP shall be developed and implemented in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002 and 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 Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 126. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall also submit a Notice of Intent (NOI) to the California State Water Resources Control 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 submit a copy of the Notice of Intent (NOI) to the City Engineer's office as proof of permit application. The applicant shall place the WDID number for the project on the improvement plans and the grading plans. 127. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code. 128. Prior to City issuance of the initial grading permit, the applicant shall obtain all necessary NPDES related permits. 129. Prior to the starting of grading or any ground disturbance the applicant shall employ a full -time superintendent for NPDES compliance. The NPDES superintendent shall have no other duties than NPDES compliance, shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 400 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 hire personnel, bind the applicant in contracts, rent equipment and purchase materials to the extent needed to effectuate Best Management Practices. The NPDES superintendent shall provide proof to the City Engineer of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of Best Management Practices. Proof of such attendance and completion shall be provided to the City Engineer prior to 0001263 Resolution No. PC -2005- Page 30 employment to the NPDES superintendent. In addition, an NPDES superintendent shall be employed to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. D. Please contact the BUILDING DIVISION for compliance with the following conditions: 130. 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: 131. Prior to issuance of a Zoning Clearance for a 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). To determine if proposed new equipment or operating processes are subject to APCD Permit requirements, the applicant should submit a completed APCD Questionnaire (AB3205) to the APCD. A copy of the APCD Questionnaire can be downloaded from the APCD's website at www.vcapcd.org. This form can be mailed to the District at 669 County Square Drive, Ventura, CA 93003, or faxed to APCD at (805) 645 -1444. For questions about this process the applicant may contact APCD staff at (805) 645 -1445 or (805) 645 -1401. Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 132. 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." 0 "CZf ;4 Resolution No. PC -2005- Page 31 F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 133. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. A minimum twenty (201) foot clear width shall remain free of obstruction during any construction activities within the development once combustible construction starts. All access roads /driveways shall have a minimum vertical clearance of 13 feet 6 inches and a minimum outside turning radius of forth (40') feet. 134. 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 (5 %) percent cross slope in any direction and shall be located within 150 feet of the end of the access road /driveway. 135. The access road /driveway shall be extended to within 150 feet 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. 136. When only one (1) access point is provided, the maximum length of dead -end access roads shall not exceed eight hundred feet (8001). 137. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 138. Approved walkways shall be provided from all building openings to the public way or Fire District access road /driveway. 139. Structures exceeding three stories or forty -eight (481) feet in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy -five (75') feet in height shall be subject to Fire District high rise building requirements. 140. Structures greater than 5,000 square feet and /or five miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 0rr(- 2 e Resolution No. PC -2005- Page 32 141. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five (5') feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. DEVELOPMENT REQUIREMENTS 142. 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. 143. Minimum six (6 ") inch 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 150 feet from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 144. 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. 145. 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. 146. 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. 147. 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. 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. 148. 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 0002EG Resolution No. PC -2005- Page 33 within three - hundred (3001 ) feet of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrant (s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -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. 149. 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. 150. Prior to installation of the required 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 requirements. 151. Prior to the issuance of a Certificate of Occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 152. 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." 153. 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. 154. Prior to framing the applicant shall clear for a distance of one - hundred (1001) 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: 155. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard Resolution No. PC -2005- Page 34 procedures for obtaining domestic water and sewer services for applicant's projects within the District. 156. 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. 157. 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: 158. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMPs) for compliance with Ventura Countywide Stormwater Program. I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 159. 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 00ri2 &9 Resolution No. PC -2005- Page 35 that demonstrate responsiveness to defensible space design concepts. - END - 000269