Loading...
HomeMy WebLinkAboutAG RPTS 2005 0628 PC REGResolution No. PC- 2005 -481 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - JUNE 28, 2005 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 799 Moorpark Avenue 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 6. CONSENT CALENDAR: 7. PUBLIC COMMENTS: - -- ---------------------------------------------------------------------------------------------------------------------- Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. Planning Commission Agenda June 28, 2005 Page No. 2 8. PUBLIC HEARINGS: (next Resolution No. 2005 -481) A. Consider Zoning Ordinance Amendment No 2004 -06 to Chapter 17.40 (Si 2n Requirements) to Address Banner /Special Event Signing, Open House, Garage Sale Signing and to Reorganize the Sign Regulations for Greater Clarity and Ease of Use (Continued from March 22nd and April 12, 2005) Staff Recommendation: 1) Accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending to the City Council approval of ZOA No. 2004 -06 without adding freeway pylon signing. (Staff: David Bobardt) 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: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, take public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending to the City Council 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. C. 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 (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, take public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending to the City Council adoption of a Mitigated Negative S: \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0628 pca.doc Planning Commission Agenda June 28, 2005 Page No. 3 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. D. Consider General Plan Amendment No. 2004 -04, Commercial Planned Development No. 2004 -03 and Conditional Use Permit No. 2005 -04, Consisting of an Amendment to the Land Use Element that Would Allow Sales, Distribution and Warehousing in the City's designated General Commercial Land Use Area and a Retail Center with a One -Story (With Mezzanine Level) 115,000 sq. ft. Single Tenant Building Over Thirty- Five Feet (35') in Height and a 17,500 sq. ft One - Story Commercial Building on 8.15 -acres Located on the North Side of New Los Angeles Avenue /White Sage Road, Immediately East of the SR -23 Freeway, on the Application of Brian Poliquin (Staff: David Bobardt) 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 General Plan Amendment 2004 -04, Commercial Planned Development Permit No. 2004 -03, and Conditional Use Permit 2005 -04. E. Consider General Plan Amendment No. 2004 -05, Zone Change No. 2004 -04, and Residential Planned Development No. 2004 -06 to Allow Construction of 200 Apartments on Approximately 10.57 Acres South of Casey Road and West of Walnut Canyon Road on the Application of Essex Portfolio, L.P. (Staff: David Bobardt) Staff Recommendation: Open the public hearing, take public testimony, and continue the item to August 23, 2005, with the public hearing open. 9. DISCUSSION ITEMS: 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. July 26, 2005 (Summer Recess) B. August 23, 2005 S: \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0628 pca.doc Planning Commission Agenda June 28, 2005 Page No. 4 • GPA 2004 -05, ZC 2004 -04, and RPD 2004 -06 (Essex Portfolio, L.P. ) • RPD 2004 -05, TTM 5347 (Birdsall) • ZOA No. 2003 -04 Animal Keeping Ordinance • ZOA No. 2005 -02 Art in Public Places Ordinance 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). S: \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0628 pca.doc ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo DATE: April 26, 2005 (Meeting of 06/28/05) SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -06 to Chapter 17.40 (Sign Requirements) to Address Banner /Special Event Signing, Open House, Garage Sale Signing and to Reorganize the Sign Regulations for Greater Clarity and Ease of Use DISCUSSION On March 22, 2005, the Planning Commission opened the public hearing for consideration of Zoning Ordinance Amendment No. 2004 -06 to Chapter 17.40 (Sign Requirements) to address banner /special event signing, open house, garage sale signing and to reorganize the sign regulations for greater clarity and ease of use. The item was then continued to the Special Planning Commission meeting of April 12, 2005, with the public hearing open. The comments from the Chamber of Commerce were discussed at that meeting and changes to the ordinance were suggested and directed by the Commission. The hearing was continued open to the Commission's regular meeting of June 28, 2005, with direction to staff to research and prepare language for freeway pylon signs and to incorporate the changes recommended by staff to the ordinance. Staff has made the changes to the ordinance consistent with the Commission's direction. The ordinance, incorporating the changes, is included as part of the attached resolution. At the last Commission meeting, staff indicated that there were few remaining freeway oriented properties that were undeveloped along that corridor. Since that time Staff has surveyed the reach of freeway through the City and has determined that there would be nine commercial or industrial properties that could potentially have freeway pylon signs. The table below shows those properties and the status of each. All of these properties would be eligible to apply for a freeway pylon sign should the Commission recommend and the Council approve such an amendment. \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \Z O A \2004 \06 - Signs \Agenda Reports\ 050628.doc Honorable Planning Commission April 26, 2005 Page 2 Developed Owner /User Location Development Status G. S. Partnership North side of New Approved Los Angeles Avenue Industrial Planned at the end of Development Permit Science Drive and fully developed site. Kavlico South of SR 118 on Approved the west side of Industrial Planned Princeton Avenue Development Permit and fully developed site. J. & L. South of SR 118 on Approved Industrial /Harley the east side of Industrial Planned Davidson Motorcycle Princeton Avenue Development Permit and approved Conditional Use Permit and fully developed site. Sheldon Appel South of SR 118 on Approved Co. /Aquaria the north side of Industrial Planned Condor Avenue Development Permit and fully developed site. Sherman South of SR 118 on Approved Family /Waterpik the north side of Industrial Planned Condor Avenue Development Permit and fully developed site. Approved Entitlement but Not Developed Cypress Land Co. West of SR 23 on the Approved east side of Miller Industrial Planned Parkway off of Development Patriot Drive Permit. M & M Development North of SR 118 Approved south of Campus Park Commercial Planned and west of Collins Development Drive Permit. Submitted for Entitlement but Not Yet Decided Thomas East of SR 23 on the Submitted for Schlender /Warehouse north side of New General Plan Discount Center Los Angeles Amendment, Avenue /White Sage Commercial Planned Road Development Permit and Development Agreement. 09 "10C2 Honorable Planning Commission April 26, 2005 Page 3 Vacant Dan Selleck East of SR 23 on the No applications on Sign type south side of White file One -half of the Sage Road Number: One sign per Fred Kavli East of SR 23 on the No applications on frontage. north side of file Height: Twenty -four Princeton with 50.000 square feet or no closer than four feet from the property access likely from name and the name of up to a five tenants. larger located on Los Nogales Avenue line, whichever is greater. Pylon signs It should also be noted that there are a number of additional industrial properties that are adjacent to the Caltrans right -of- way under the bridge portion of the SR 23/118 which could also be eligible for a freeway- oriented sign, if such were allowed. While it is not staff's recommendation that the Commission consider and recommend freeway pylon signing, we have provided language which the Commission may wish to consider if it desires to recommend freeway pylon signs for properties adjacent to the SR 23 and SR 118 freeways. Add to the definition section Sign, Freeway Pylon. "Freeway pylon sign" means a sign located on a property adjacent to the SR -23 or the SR -118 freeway oriented to be viewed primarily from the freeway. Amend to Section 17.40.110B.2. under centers to include an "a" category for the currently allowed pylon signs and add a new "b" for freeway pylon signs. The language should be as indicated below. COMMERCIAUINDUSTRIAL ZONES Sign type Sign type Sign type Sign type 2. a. Pylon signs for One -half of the Area: Three hundred Number: One sign per commercial retail required front or street square feet frontage. shopping centers of side setback area but Height: Twenty -four Sign Copy: Center 50.000 square feet or no closer than four feet from the property feet Width: Twelve feet. name and the name of up to a five tenants. larger located on Los Angeles Avenue only_ line, whichever is greater. Pylon signs The center name shall not include any tenant along the same side name. For centers of Los Angeles with theaters Avenue shall be no changeable copy closer than five signage within the hundred feet of one overall allowable sign another. square footage is permitted. Illumination: Internal. Landscaping: A minimum four foot Honorable Planning Commission April 26, 2005 Page 4 STAFF RECOMMENDATION 1. Accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council approval of ZOA No. 2004 -06 without adding freeway pylon signing. ATTACHMENTS: 1. March 22, 2005, Agenda Report without Attachments 2. Draft Planning Commission Resolution 0(q�0C 'a wide landscaped planter area surrounding the sign base. 2. b. Freeway pylon The pylon sign shall Area: Three hundred Number: One sign. signs for commercial be architecturally compatible with the square feet Height: Determined by Sign Copy: Center or complex name and retail shopping centers or industrial design of the shopping center or Conditional Use Permit, in accordance the name of up to a three tenants. The complexes of 50.000 square feet or larger industrial complex and contain similar construction materials and colors. with the findings of Section 17.44.040, when the approving authority finds, on the center or complex name shall not include any tenant name. Illumination: Internal located adjacent to SR 23 or SR 118 only. basis of evidence but no exposed neon submitted, that the lighting or exposed conditions applicable bulb lighting. to the subject Landscaping: A property, including minimum twelve foot size, shape, wide landscaped topography, structure planter area setback, location, or surrounding the sign surroundings do not base. generally apply to the surrounding properties in the same zone. Width: Twelve feet. STAFF RECOMMENDATION 1. Accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council approval of ZOA No. 2004 -06 without adding freeway pylon signing. ATTACHMENTS: 1. March 22, 2005, Agenda Report without Attachments 2. Draft Planning Commission Resolution 0(q�0C 'a MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director DATE: February 18, 2005 (PC Meeting of 03/22/05) SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -06 to Chapter 17.40 (Sign Requirements) to Address Banner /Special Event Signing, Open House, Garage Sale Signing and to Reorganize the Sign Regulations for Greater Clarity and Ease of Use. BACKGROUND On July 2, 1997, the City Council adopted Resolution No. 97 -1345, directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance for signs in the public right -of -way. On September 6, 2000, the City Council adopted Resolution No. 2000 -1774 directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance, relative to signs for outdoor product advertising /menu boards for drive - through restaurants. On April 3, 2002, the City Council adopted Resolution No. 2002 -1962, directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance relative to the promotion of new businesses, i.e. temporary signs and banners. Zoning Ordinance Amendment No. 2004- 06 addresses the issues raised in the three Council resolutions and proposes an overall re- organization of the sign regulations for greater clarity, ease of use, and easier administration. DISCUSSION Existing Sign Regulations: There have been numerous revisions to the existing sign regulations since first adopted as part of the City's new Zoning Ordinance in 1991 by Ordinance 137. In 1994, through Ordinance 199, the City amended the sign regulations into its present form. This was the last time the sign regulations were comprehensively revised. The PC ATTACM ENT 1 (;4R - r7 \ \Mor pri_sery \City Share \Community Development \DEV PMTS \Z O A \2004 \06 - Signs \Agenda Report Agenda Report.doc Honorable Planning Commission March 22, 2005 Page 2 existing regulations are not user - friendly, are overly complicated, and are hard to use for staff and the public alike. ANALYSIS Overall there is very little change of substance proposed by this Zoning Ordinance Amendment. The purpose section has been expanded in some areas, definitions of words not used in the chapter have been removed, and new and revised definitions have been added. The general administration section has been combined into fewer sections which are more logical and easier to use. A matrix format for signage has been used to allow quick and easy reference divided by land use and sign type. It provides better clarification for businesses within a center and those not within a center, revises open house and garage sale signing, and establishes special event signing for Moorpark non - profit based events or city- sponsored special events, and brings campaign signing into line with recent court cases. The regulations are also eight pages shorter. The areas which require further explanation are community event signs, campaign signs, open house signs, and garage sale signs. Community Event Signs: The current regulations do not provide for this type of signage. Section 17.40.090 is included in this amendment to allow signs for events sponsored by a Moorpark non- profit organization. If adopted, it would allow for window signs and banners in and on businesses, as well as, temporary directional signs. The banner size is consistent with what is now allowed for grand openings and special sales. The directional signs are consistent with what is suggested in this amendment for open house signs. Campaign Signs: The proposed revisions change what the current ordinance referred to as "political signs" to "campaign signs." The term "campaign signs" is much broader and more consistent with current law. A definition has been added and a category of campaign signs now appears in each of the matrices of Residential, Institutional, and Open Space Zones, Commercial and Industrial Zones, and the Downtown Specific Plan Area. In the residential and institutional zones, the size restriction is six (6) square feet. In the commercial, industrial and downtown specific plan area, the size restriction is thirty -two (32) square feet. Open House Signs: The proposed revisions would allow for four (4) four square foot open house signs to be placed in the public right - of -way when an annual encroachment permit is issued. The revisions also establish the time, location and duration of open house signs. It was staff's intent, if this regulation is approved, to establish ��i� -I J Honorable Planning Commission March 22, 2005 Page 3 an annual fee for such signage. The fee would be paid per real estate office, not per agent. For out of town realtors, there would be a one time fee, at a reduced cost. Garage Sale Si na e: The proposed revisions would allow for one garage sale sign on -site and up to six (6) signs off -site, but not on the public right -of -way. The maximum sign size is two feet (2') by two feet (21), placed three feet (3') high. 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 provisions of these regulations there are no time limits for legislative acts. 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 qualify for a General Rule Exemption in accordance with Section 15061 of Honorable Planning Commission March 22, 2005 Page 4 California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOrMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council approval of ZOA No. 2004 -06. ATTACHMENTS: 1. Existing Sign Regulations 2. Draft PC Resolution with Draft Revised Chapter 17.40 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2004 -06 TO CHAPTER 17.40 SIGN REQUIREMENTS TO ADDRESS BANNER /SPECIAL EVENT SIGNING, OPEN HOUSE, GARAGE SALE SIGNING AND TO REORGANIZE THE SIGN REGULATIONS FOR GREATER CLARITY AND EASE OF USE WHEREAS, on July 2, 1997, the City Council adopted Resolution No. 97 -1345 directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance for signs in the public right - of -way; and WHEREAS, on September 6, 2000, the City Council adopted Resolution No. 2000 -1774 directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance relative to signs for outdoor product advertising /menu boards for drive - through restaurants; and WHEREAS, on April 3, 2002, the City Council adopted Resolution No. 2002 -1962 directing the Planning Commission to study and make recommendations to the City Council regarding changes to the Zoning Ordinance relative to the promotion of new businesses, i.e. temporary signs and banners; and WHEREAS, at its meetings of March 22, 2005, April 12, 2005, and June 28, 2005, the Planning Commission conducted a duly - noticed public hearing on Zoning Ordinance Amendment No. 2004- 06, proposed amendments to Chapter 17.40 (Sign Requirements) to address banner /special event signing, open house, garage sale signing and to reorganize the sign regulations in the Zoning Ordinance for greater clarity and ease of use, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. 0414- 0C9 PC ATTACHMENT 2 Resolution No. PC -2005- Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds the proposed amendment to Chapter 17.40 of the Moorpark Municipal Code related to sign regulations is consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 2. RECOMMENDATION: The Planning Commission recommends to the City Council adoption of an ordinance to amend Chapter 17.40 of the Moorpark Municipal Code related to sign regulations by replacing the existing text of the entire chapter with that recommended by staff and shown as Exhibit 1, attached. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a 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 28th DAY OF June, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit 1: Draft Revised Chapter 17.40 of the Moorpark Municipal Code 0 "C1010 EXHIBIT 1 Chapter 17.40 SIGN REGULATIONS Sections: 17.40.010 Purpose. 17.40.020 Definitions. 17.40.030 Applicability. 17.40.040 General provisions. 17.40.050 Sign not requiring a permit. 17.40.060 Administration. 17.40.070 General location, height and area standards. 17.40.080 Design, material, construction and maintenance standards. 17.40.090 Temporary banners and signs for city- sponsored events and Moorpark non - profit organizations. 17.40.100 Residential, institutional, and open space zones. 17.40.110 Commercial /industrial zones. 17.40.120 Downtown specific plan. 17.40.130 Prohibited signs. 17.40.140 Legal nonconforming signs. 17.40.150 Unsafe signs. 17.40.160 Nuisance and abatement, enforcement and penalties. O,Nlor pri servCity SharelGamrnunity Deve1oL) nerMDEV PMTS1Z Q and ResdutionslPCG Exhibit 1 Ctrs rr ecbonF, (Ioc s- AcCN7u +r+rt 43tly +n�r�t`,F3 V -P(ul F 4 =4F ,? -0c)4��? <sic n_ i)rc#ir� T+?_t__ex de udi�i±rsrIf 4? , E,tsrr��r t+t�t�r:cla�rl�AAc.�r = -�xr - =:eG +t�/�4� +are}lGr�rrfr++ trait} �- E3e+ �t; lo{ �+rjeNttlt)€�w'- F'IVtT�9k�? -43 A' �t1U41 R)Fi��ic}+= r��3rc�irre +r +ct,s � +r -+rJ {te =��lutic�r��yx�'E; A Ctlachgrra sii- r3icla }il+ .el €:ae Section 17.40.010 Purpose. The purposes and intent of the regulations in this chapter are to: A. Promote signage which allows for easy identification of businesses and occupancies while comprehensively addressing community aesthetic concerns about visual clutter and visual blight. B. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs. C. Limit the size and number of signs to levels that reasonably allow for the identification of a residential, public or commercial location and the nature of any such commercial business. D. Enable the fair and consistent enforcement of these sign requirements. E. Generally limit commercial signage to on -site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public. F. Regulate signs in a manner so as to not to physically interfere with or obstruct the vision of pedestrian or vehicular traffic. G. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on -site signs) without an excess of signage which may distract drivers or overload their capacity to quickly receive information. H. Allow adequate opportunities for the communication of noncommercial and commercial speech. I. Respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational and other noncom municative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety. J. Implement the goals and policies of the city's general plan, specific plans, design guidelines and municipal code. K, Encourage signs that are appropriate to the land use zone in which they are located and consistent with the permitted uses of the subject property. L. Establish sign sizes in relationship to the scale of the parcel and building on which the sign is to be placed or to which it pertains. M. Regulate signs in a constitutional manner, which is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs. All administrative interpretations and discretion are to be exercised in light of this policy and consistent with the purposes and intent stated in this section. Section 17.40.020 Definitions. Words and phrases used in this chapter have the meanings set forth in this section. Words and phrases not defined in this section but defined in Chapter 17.08 are given the meanings set forth in Chapter 17.08. "A -frame sign" means a sign, temporarily or permanently affixed to the ground, which is constructed in such a manner as to form an "A" or tent -like shape, fastened or not at the top, with each face held at an appropriate distance by a supporting member. "Abandoned sign" means any sign which is no longer in use or identifies or pertains to a 2 4�C.0 � 7T r.+ rr _ent`t,ity `, rare \Cornmu(i+iy D),velot)ment \DEV PMTSIZ O A \2004106_Siyni; C?rciin nres anci Resc(lutionsiPC._F xhibit r- + C_r,.yrr�ctiaris cloy �,,! 4, c,+ T+ rzr��r�- �3evflle�ir�a< �a4�QE�- F?-f 1�lT�, �{ 1�; �E��J- 14f1�f�r+ ..1C�rE�ir,��F�cr�s- a�r+c1 -k�F ��l�rt�erts_L�G> �'�sf+�s t+ +x��.cki��lAAor = -ttrf - :;servaGri��h,: ire\ Lurrr+> E+ r�+ ty- F:+ e�l opr�rer +klDE�,'-- €= ?J4i7�,4Z -<3 A4�' �f�>,C+ krYSigri ;, 1£ �r�! r+ ac�rscas -a��- F�esc- 3lkriicartslP�:,. d�ltar�te�rtk�'� #- vie�rt C3r� -ttr business, occupancy or use that no longer exists. "Animated sign" means any sign that uses movement, lighting, or special materials to depict action or create a special effect to imitate movement. Time and temperature devices are not considered animated signs. "Banner" means any temporary sign of light- weight fabric or similar flexible material which projects from or hangs from a building, pole or wire affixed to the ground or to a building. Banners include but, are not limited to pennants, flags affixed vertically or horizontally. Banner does not include a single state or country flap. "Business frontage" means that portion of the building or tenant space which is predominately oriented toward a public or private right -of -way, courtyard, pedestrian access, parking lot or parking lot drive aisle. "Campaign sign" means a sign that is designed to su ortiRflueRGe the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election "Commercial message" means any wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. "Commercial sign" means any sign, wording, logo, picture, transparency, mechanical device or other representation that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose. "Construction sign" means a temporary sign denoting the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. "Directional sign" means any sign which guides the reader to a specific location. "Director" means the community development director or any person designated by the director to act in the director's behalf. "Erect" means to build, construct, attach, hand, place, suspend or affix to or upon any surface. "Flashing sign" means any sign which, by method or manner of illumination, flashes, winks or blinks with varying light intensity, shows motion, or creates the illusion of motion; revolves in a manner to create the illusion of being on or off; changes color or appears to change color or where the intensity of light changes or appears to change. Time and temperature devices are not considered flashing signs. "Freestanding sign" means any sign supported by one or more upright poles or rock, block, or masonry base in or upon the ground, other than an outdoor advertising structure, and not attached to a building. "Fuel pricing sign" means a sign indicating, and limited to, the brand or trade name, method of sale, grade designation and price per gallon of gasoline or other motor vehicle fuel offered for sale on the premises, and such other information as may be required by law. "Hand -held sign" means a sign that is held by or otherwise mounted on a person. For the purposes of this chapter, a hand held sign does not include a noncommercial sign. "Holiday sign or display" means a temporary sign or display erected in recognition of 3 S1 )A )G 4r5 , ; _ tt Nq_R m r _ C r _ar r �yLr C i d r rre�tr7 is,cicic, �C xrx +r r r� +t }F -,Elev ±sir r�irnt',? €_u f�M � 4 L? A \�?t �4rF) t�`3it i3 ± +r+ - _ _ ±- --- ---_ ft -�4trt r_F( ry r� &t�r39�r` +rer+#-Tsfc�t} E? +cl- �c:9ca+t . any religious and /or city, state or federally recognized holiday. "Illegal sign" means: (a) any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good or service available on the site of the sign for more than 90 days; (c) any unsafe sign; (d) any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this code; and (e) any sign that is in violation of the provisions of this chapter. "Incidental property related sign" means a non - illuminated sign indicating credit cards accepted, trade affiliations, no solicitation, no trespassing, nameplates and similar property - related matters. "Legal nonconforming sign" means any sign which was approved by the county prior to city incorporation or approved by the city and erected or installed in compliance with all structural, locational, design, building, and electrical regulations at the time of its erection or installation, but which no longer conforms to the provisions of this chapter. "Logo" means any symbol of any color or shape that is used by itself or in conjunction with text to identify the business. Logos which are comprised of text only shall be considered as text only. "Marquee sign" means any changeable copy, including electronic copy, sign attached fastened or mounted on a permanent roof -like structure projecting from a wall of a building grind. "Menu board sign" means a wall or monument sign displaying a list of items available with prices at a drive - through business for the purpose of taking drive - through orders. "Mobile sign" means the use of a moving trailer, automobile, truck, or any other vehicle to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of such vehicle. "Monument sign" means a sign that is completely self - supporting, has its sign face or base on the ground, and has no air space, columns or supports visible between the ground and the bottom of the sign. "Neighborhood identification sign" means an on -site sign that identifies a residential subdivision or area of common interest, but contains no other advertising copy. "Neon sign" means a sign consisting of an internally illuminated glass tube which is bent to form letters, symbols or other shapes. "Noncommercial sign" means a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose "Off -site sign" means a commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activity which originates on a site other than where the sign is maintained. "On -site sign" means any commercial sign which directs attention to a commercial or industrial occupancy, business, commodity, good, product, service or other commercial or industrial activity conducted, sold or offered upon the site where the sign is maintained. For the purposes of this chapter, all signs with noncommercial messages are deemed to be 4 !1f�Rc r__+ri�E n1t tom` >fi: �F1C�rrrntanity L�evff� rYienT C)EV PMCS1? Q ices and R >o ions'PC Exf)ibit 1 O _ ^ ''�, r. +rrecl r r7 cJoc� �( �,rnr� +.+�+t-�-��v�lc+_} r��r }114�L_4 F'l�tT� -� i4 �tJA 11�7Ei•Sit� +�� +car i +r�.�rH_a� -�rKI Rt-c eo4Acar +,46'_C; ! �� � L "on- site," regardless of location. "Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall or building. "Portable sign" means a freestanding sign that is not permanently affixed, anchored or secured to either the ground or a structure on the premises it is intended to occupy, but does not include hand held signs. For the purposes of this title, a portable sign does not include a noncommercial sign. "Projecting sign" means a sign mounted perpendicular to the wall or building face or structure. "Pylon sign" means a freestanding sign, other than a monument sign, in which the sign face is separated from ground level by means of one or more supports such as poles, pole covers or columns. "Real estate sign" means any temporary sign that relates to the sale, lease or exchange of all or a portion of the premises upon which it is located, not including permanent signs with rental or leasing information. "Rider" means any advertisement device attached to a sign which projects or is outside of the area of the sign. "Roof sign" means a sign affixed on, above, over, or through the roof of any building or structure which projects above the eave line or parapet wall of the building or structure. On buildings with mansard roofs the roof shall be determined to be the eave line of the mansard. Signs projecting above the eave line on a building with a mansard roof where the sign has been architecturally integrated into the design of the mansard are not considered a roof sign. "Subdivision directional sign" means a sign utilized for the purpose of indicating the flow of traffic or travel to reach a specific residential subdivision, and the copy of which is limited to identifying the subdivision together with specific directions to enable the traveler to locate the location of the subdivision. "Subdivision sale sign" means a temporary sign that contains the name of, and information relating to, a subdivision being offered for sale or lease for the first time, but contains no other advertising copy. "Temporary sign" means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood or other light materials, with or without frames, intended to be displayed for a limited period of time. "Sign" means any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right -of -way or parking area. The following are not within the definition of "sign" for the regulatory purposes of this chapter: a. Signs required on private property consistent with the requirements of the California Vehicle Code; b. Any public or legal notice required by a court or public agency; c. Memorial tablets or signs not exceeding two (2) square feet, including those 6i C)r u ,Lg mF,ntlPjV PMT S17 0 A' 00 i,06_' _i 5 J :Wi E4:;VAG,4y PMTS, 7 0.Ji',r'i,t +•:l \i indicating names of buildings and dates of construction, when cut into a masonry surface or inlaid so as to be part of the building; d. Signs required to be maintained by law or governmental order, rule or regulation, with a total surface area not exceeding ten (10) square feet, except as otherwise required by law; e. Street address numbers with a total surface area not exceeding two (2) square feet per address; f. Signs placed or required by a public utility for public safety; g. Holiday signs or displays on commercial or industrial buildings; h. Signs erected for city- sponsored and co- sponsored events; i. Non - Commercial flags not exceeding thirty (30) square feet for each lot in a residential zone or seventy -five (75) square feet for each lot in a commercial or industrial zone, provided that the pole or other structure upon which they are flown meets applicable setback and height limitations of the zone in which it is located. "Unsafe sign" means a dangerous structure or components as set forth in Chapter 15.08 of this code. "Window sign" means any sign that is affixed to the interior side of a window and is visible from the exterior of the window, including open /closed signs. Section 17.40.30 Applicability. This chapter regulates signs located on private property within all land use zones of the city and on property owned by public agencies other than the city and over which the city has zoning and land use regulatory power. Except where otherwise expressly provided in this chapter, all signs located in such areas of the city must be erected and maintained in conformity with this chapter. Section 17.40.40 General provisions. A. Sign permit required. Except as otherwise expressly provided in this chapter, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy or sign face), move or display any temporary or permanent sign without first obtaining a sign permit from the community development department in accordance with the provisions of this chapter. No sign permit is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made. B. Owner's consent required. Property owner consent or consent of the person in control or possession of the property is required before any sign may be erected on any private property within the City. C. Noncommercial signs. Noncommercial signs are allowed wherever commercial or industrial signage is permitted and are subject to the same standards and total maximum allowances per site, building or tenant of each sign type specified in this chapter. A permit is required for a permanent noncommercial sign if there is no permit for the permanent commercial sign. For purposes of this chapter, all noncommercial speech messages are deemed to be "on- site," regardless of location. D. Substitution of noncommercial message. With prior consent of the property owner or person in control or possession of the property, a noncommercial message of any type 6 (41i r_,�;ui r r( ty `�h 3rF ca rtrnu iit�evf lr>pr7_r �t1C7E_b! P!}il S1Z C7 Ar'C)0 4 !b � r # {y.- !()riiirr arrr, 5 and FiF fiat c _rr rF'r F xhil7 irt�_turi,rJ �',r rt�rs�srC� +t fl ±:vtlta t r +t1CJE -1 _FN�7�41C }A',2 fkdVX ;rr_P,4 PHrrQaftr�a +xdFFu l +rY +rrr_'6'k: may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g., color, materials, size, height, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection will prevail. E. Substitution of commercial messages. The substitution of one commercial message for another commercial message is not automatically allowed nor is the free substitution of a commercial message in a place where only a noncommercial message is allowed. In addition, no off -site commercial messages may be substituted for on -site commercial messages. F. Legal nature of sign rights and duties. All rights, duties and responsibilities related to permanent signs attached to the land on which the signs are erected or displayed and run with the land or personal property. The city may demand compliance with this chapter and with the terms of any sign permit from the permit holder, the owner of the sign, the property owner or person in control or possession of the property, or the person erecting the sign. Section 17.40.050 Signs not requiring a sign permit. The following signs do not require a sign permit under Section 17.40.060[Administration], nor will the area of such signs be included in the maximum area of signs permitted; however, each such sign must comply with all applicable requirements of this chapter. The intent of this section is to avoid unnecessary or time consuming review procedures where certain permitted signs are minor or temporary or the erection of such sign does not require review for compliance with the city's building or electrical codes. A. Campaign signs. B. Construction signs. C. Hand held noncommercial signs. D. Incidental property related signs that do not exceed two (2) square feet in area. E. Real estate signs. F. Temporary freestanding noncommercial signs permitted by Section 17.40.100E. G. Window signs. Section 17.40.060 Administration. A. Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size and type of sign. B. Sign permit application process. 1. Where specifically required by this chapter, an application for a sign permit must be made in writing on the form provided by the community development department and ►A 4uu `.rt se M -- — 3 - [ 1 ±L?pefj! D T, Z 0 ^ r - _x ar r€. a <] u.kti +R u x+ ! r - - --- ,{li+r_ ii r rR ftExtil;i �� 0:1 r4 j ( +err +e 4_dir�+ ,it kalWRlr fir +. _Ej+ t+i� <I�are�Gr xt+ 77uri+ t} �DevC'kDJXr104-st\DEV- E?MT1'PZ- G xa',M)44)6 r,.trs.�'+ <�kslr +i ri+"1 �ti r,,1r +FC�t 4.rc, + +L) +irl,�ti accompanied by any required materials, plans and exhibits, and the fee paid as established by city council resolution. 2. The director shall initially review the application to determine if it contains all the information and items required by the provisions of this chapter and may be deemed complete. 3. All notices required by this chapter are deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided. 4. No sign permit application will be accepted if: (a) The-app4GaRt- er add at- ,Each illegal sign has not been legalized, removed or included in the application. _ (b) There is any other existing code violation located on the site of the proposed sign (other than an illegal sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought) that has not been cured at the time of the application. (c) The sign permit application is substantially the same as an application previously denied, unless: (i) 12 months have elapsed since the date of the last application, or (ii) new evidence or proof of changed conditions is furnished in the new application. (d) The applicant has not submitted for processing or obtained any applicable use permit. C. Standard sign permit review process. 1. After receiving a complete sign permit application, except for those sign permits that require planning commission or city council approval, the director shall cause the application to be reviewed and render a written decision to approve or deny the application within thrit 301 calendar days. 2. Determinations on sign permit applications are to be guided by the standards and criteria set forth in this chapter. An application shall be approved whenever the proposed sign conforms to all design, size, height and other standards for signs subject to a permit requirement, as such requirements are set forth in this chapter. 3. The director may refer certain sign permit applications to the planning commission for review. Such referral should be made within 10 days of a complete application and acted upon by the planning commission within 60 days or concurrent with any related and required project approval that is presented to the planning commission. The planning commission's approval may be conditional so as to ensure compliance with the purposes and provisions of this title. 4. An application may be granted either in whole or in part when more than one sign or location is proposed by an applicant. When an application is denied in whole or in part, the determination of the director, planning commission, or city council must be in writing and must specify the grounds for such denial. Appeals of the determination of the director or planning commission shall be in accordance with section 17.44.090. D. Sign permit review: master sign programs, modifications, and variances. 1. Master sign programs. The director has the authority to establish master sign programs with specific design standards to enable reasonable flexibility for unique circumstances and special design themes. Y4iyr_r_�:,r n+ C; tk ",t tr" ,t crrrir7rixr_it�C ?E�vf (c rng ritlC�C J F'1137 $ C'1 41l Si s\fDrdinai,._rs rrd R Outio� F'(:L hit_JPP013 E,r_th,r .cic r _',t i +cr,r4rafra iC)c_vt icsr +_tr + +t,4)1 tJtc� +�_er , z _ _Y %t_z f_ +tc± rr =!f ". 2. Exceptions to Regulations. The director may grant an administrative exception for signs deviating from the provisions of this chapter or any limitations imposed upon the use or general design of the sign and may authorize modifications from the permitted sign area, height or setback requirements consistent with the provisions of Section 17.44.040.F of this code. 3. Variances. The planning commission may grant variances from the provisions of this Chapter for the erection and maintenance of signs when difficulties, unnecessary hardship or results inconsistent with the general purpose of this chapter would otherwise occur and would deprive the owner of rights enjoyed by others. The application, review process, and required findings for a sign variance will follow the applicable procedures set forth in Chapter 17.44 of this code. E. Time limit. Signs authorized by a permit issued pursuant to this chapter shall be erected and have obtained a final inspection within 1 year of the issuance of the permit otherwise the approval will be null and void. F. Revocation of a sign permit. Subject to Section 17.4.090[Appeals], the director may revoke any permit approval upon refusal of the permit holder to comply with the provisions of this chapter after written notice of noncompliance and at least 15 days opportunity to cure. Section 17.40.070 General location, height and area standards. A. Location standards. 1. All freestanding signs, including pylons signs and monument signs shall be located entirely within the property on which the business is located. 2. Except as specifically provided in this chapter, no sign may be located upon or project over a public right -of -way. 3. Except as specifically provided in this chapter, no sign may extend above the eave line or parapet or the lowest point on the sloping roof of the building on which it is located. 4. Signs must be designed and located so as not to interfere with the unobstructed clear view of the public right -of -way and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver. 5. All signs authorized under this title must be placed on the side of the property facing on a public or private right -of -way. B. Wall sign height. Wall sign height will be measured using the greatest vertical measurement from grade level along the base of the sign structure to the highest point of the sign. Sign height will be measured from the elevation of the top of the curb fronting such sign when within ten feet (10') of a street property line. When a sign is set back from a property line more than ten feet (10'), sign height will be measured from the elevation of the ground level surrounding the base of the sign. C. Sign area computation. Sign area will be computed by drawing a series of no more than eight straight lines enclosing the entire perimeter of the sign, including all text, emblems, arrows, ornaments, logos, or other media. Where individual letters or symbols are attached directly to the building surface, the sign area shall be the total area of the message computed by drawing a series of no more than eight straight lines enclosing the area of the message. tlli +7r [ur v1f_at Cdr rr, f orrrnrmity QtvelgprneLLDEV F'to 51Z <) A 2L04 L) Sin_ >rC ?rlirr lnr c_, argil Fif c.lrlt+r ri f r., E:xt i ,, �" t n rr c fif r+ , aof_ ] `tr r ar +� r +�+t X43 vc lc +xzrerrtlCT_C - F'NtTS -(� A`,r "t)R�lt�i -'Si -4, 4t)f4 o- "rrr tdtx� _rAr c ll4.J+ r }ar - wvk t l+ t�rz�s r�rt} F aaac } >rr +k r t!,t�L�! Fr I42Tr,� f?- A',= 'O C ' r rrlirk.x+rs +,., Ri- l -�iasa df + #ia�r +tick' _`> 1tt d ;lrr +�r rat F. + <�rt rJrr} att�� JOE S Y .MARKET g KAY ✓" f7t at Y Section 17.40.080 Design, material, construction and maintenance standards. Each permanent approved sign shall comply with the following standards: A. Materials and colors. All permanent signs shall be constructed of durable materials that are compatible in appearance to the building supporting or identified by the signs. Sign colors and materials shall be selected to be compatible with the existing building designs and shall contribute to legibility and design integrity. B. Relationship to buildings. Each permanent sign located upon a site with more than one main building, such as a commercial, office or industrial complex shall be designed to incorporate the materials common or similar to all buildings. C. Relationship to other signs. Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements: 1. Type of construction materials; 2. Sign /letter color and style of copy; 3. Method used for supporting sign (i.e., wall or ground base); 4. Sign cabinet or other configuration of sign area; 5. Illumination; and 6. Location. D. Sign illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right -of -way or adjacent properties, and in no event shall illumination cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs shall be lighted by screened or hidden light sources. E. Construction. Every sign, and all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city's building code and electrical code. Except for temporary signs and window signs, signs shall be constructed of durable materials and securely affixed to the ground, a building, or structure. Under no circumstances shall a permanent sign have an exposed back, exposed wires or conduit. F. Maintenance. Every sign and all parts, portions and materials shall be maintained in good repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned out lamps, replacement of broken faces, repainting of rust, chipped or peeling structures or faces within 15 calendar days following written notification by the city. When there is a change or discontinuance of 10 ....r tvY( iy "M_ar („r {_orn_tir itY_t� ?eva (c� �r ie�MOF� F'PATI V CY �i 'i) ;)_t t)r rare ri„ rn q' ao 1 f ti a(i t F'i _i. li,t t r�arr, <_tCt�ry rltx �Lu�,rtas�etk4 Fit m abftwr;t r�c�rrd wiry +F C-)sr rlrka a business or occupancy such that a sign no longer represents a place of business or occupancy, the sign shall be removed or the name of the prior business or occupant either removed, or the sign face covered in a manner that blends with the building or supporting structure. G. Restoration of building or property upon sign removal. Within thirty (30) calendar days of the removal of a sign from a building wall or from the grounds of the premises if a freestanding sign, the wall of the building or the grounds of the premises shall be repaired and restored to remove any visible damage or blemish left by the removal of the sign. Section 17.40.090 Temporary banners and signs for city- sponsored events and Moorpark non - profit organizations. This purpose of this section is to provide additional signage opportunities for advertising annual or one time events that provide a direct benefit to the residents of Moorpark. Events sponsored by Moorpark non - profit organizations are permitted the following signs: A. Temporary freestanding, wall mounted or window banners are permitted on commercial and industrial zoned property, with the permission of the property owner. A total of four (4) banners are allowed per event and only one per lot or site. The banners shall not exceed twenty (20) square feet in area and shall be affixed to either a building or wall. No banner shall be affixed above the roof eave line or on the roof. Banners shall not be located in the public right -of -way unless an encroachment permit is issued. The banners shall not be installed earlier than fifteen (15) calendar days prior to the event and shall be removed within three (3) calendar days following the event. No additional event signing shall be permitted on the same site for a minimum of thirty (30) calendar days. B. Temporary directional signs. Directional signs on commercial and industrial zoned property are permitted with the permission of the property owner. The signs shall not exceed four (4) square feet in area and three feet (3') in height. Directional signs shall not be located in the public right -of -way unless an encroachment permit is issued. A total of twenty (20) signs are allowed per event. The directional signs shall not be installed earlier than one (1) calendar day prior to the event and shall be removed within three (3) calendar days following the event. Section 17.40.100 Permitted signage in residential, institutional, and open space zones. In addition to any other signage permitted under this chapter or code, the following signage is permitted in residentially zoned properties, including institutional uses such as religious establishments, and for residential properties in commercial, industrial, or open space zones but used for residential purpose subject to the applicable regulations set forth in the table below:. RESIDENTIAL INSTITUTIONAL, AND OPEN SPACE ZONES Sign type Sign Location Maximum Sign Area Other Regulations and Height A. Residential single family 11 t i� r_ f i v ( i �,h. Cr�rnrnurriY t�e__L_Jar7�e_rit (1_ V Pt�R 1(� r.: C A ?s QVJ t, `,s l,it �� - - - ov �► ( ntrr Lit Gi +�cr�,� o A+ ssa,4rx���lkwt�sr7t��t�C.�F -?J C ia7rr t1�Y.O f4&ti p - l4Y 1. Name plates. (no sign Within the front yard Area: Two square feet Number: One permit required) setback. per face. Signs may Design: Limited to a wall or be double faced. freestanding sign Hei ht: Six feet Illumination: None 2. Neighborhood At primary entrances Area: Thirty -two Number: Two per primary Identification. as determined by the square feet entrance. community Height: Eight feet Illumination: None. development director. Maintenance: Shall be maintained by the homeowners association or other responsible party approved by the community development director. B. Residential multiple family 1. Monument sign Front or street side Area: Twenty -four Number: One per street yard of a corner lot square feet per side. frontage. placed a minimum of Signs may be double Illumination: External. five feet from the faced. Landscaping: Minimum of 4 required front or street Height: Six feet foot of landscaping surrounding side yard sign. 2. Directory signs In a central location Area: Fifteen square Number: Approved by sign within a courtyard, or feet. permit. at the entrance to the Height: Five feet. Illumination: Internal. buildings. Width: Three feet. C. Institutional including but not limited to `reli ious institutions, private schools, clubs, lodges. 1. Monument sign Front yard placed a Area: Twenty -four Number: One. minimum of five feet square feet per side. Illumination: External. from the required front Signs may be double Landscaping: Minimum of four yard faced. foot of landscaping surrounding Height: Six feet. sign. 2. Directory signs In a central location Area: Fifteen square Number: One. approved by the feet. Design: Architecturally community Height: Five feet. compatible to the building. development director. Width: Three feet. Illumination: Internal or external. D. Construction signs. Freestanding Front or street side Area: Six square feet Number: One. construction sign on the yard of a corner lot per side. Signs may Illumination: None. site of a valid building placed a minimum of be double faced. Duration: Within seven permit (no sign permit five feet from the Height: Eight feet. calendar days after the required) required front or street issuance of a final building side yard. permit the sign shall be removed. E. Temporary freestan ing signs. 1. On -site signs On private property Dimension: Two feet Number: One. including garage and and not located in the by Two feet Duration: No time limit if the yard sale signs (no sign public right -of -way. Height: Three feet. sign has a noncommercial permit required) Signs placed on message. Garage sale signs private property limited to sale days, maximum re uire written I duration and number of sale "�9ur_j f rti1Ut� 5t- lzr�lCu nrTauriwt _C>c�� lot n_ +t: 71 Df_V,P�9T 7 C?2 �{rc) t1CtF, �ftlrlSrC�iri r�:irr anc1 r�r rifi ks n f'C f rtr M1i ? �tsrs�.r -- a rr c t;lirrnti c1 ac , �xr +m +x�st [)c.F f 1 ±rsxant;4F, V -7?(A T4 - -%F' 'tJCa 1�1, ', c}rw }r rfi.�n4 - r ct -- - - -- - � "Mrw pr± 2. Off -site garage and yard sale signs (no sign permit required) F. Te 1. Real estate signs for single family residential homes in the residential open space or institutional zones. (no sign permit required) 2. Open house directional signs for single family homes. (Placement in the public right -of -way requires the issuance of an annual encroachment permit.) 3. Real estate signs for multiple family homes (no sign permit required) G. Subdivision sale sign 1. Subdivision sale off - site signs authorization from the property owner. On private property and not located in the public right -of -way. Signs placed on private property require written authorization from the property owner. Mc ns. Front yard or street side yard of a corner lot, provided, it is a minimum of five feet from the required front yard or street side yard. The signs shall be securely attached to a wall, building or freestanding. At least fifty feet from the end of the curb return at a street corner. One sign at each location. The signs shall not be fastened or attached in any way to a building, architectural element, wall or any street fixture. Front yard or street side yard of a corner lot, provided, it is a minimum of five feet from the required front yard or street side yard. The sign shall be securely affixed to a wall, building or freestanding. and model home flac On vacant residential, commercial or industrially -zoned property with written permission of the property owner. No Dimension: Two feet by Two feet Height: Three feet. Area: Six square feet per side. Signs may be double faced. Height: Six feet. Area: Four square feet per side. Signs may be double faced. Height: Three feet. Area: Thirty two square feet per side. Signs may be double faced. Height: Eight feet. S. Area: Thirty two square feet per side. Signs may be double faced. Height: Ten feet. days per year as specified in Section 17.28.020, must be removed at the close of the sale activities each day Number: Six (consistent with 17.28.020132c) Duration: Limited to sale days, maximum duration and number of sale days per year as specified in Section 17.28.020, must be removed at the close of the sale activities each day. Number: One. Illumination: None Number: F Five Design: Limited to displaying "Open House ", an arrow, the residence address, and business name. Illumination: None. Duration: Restricted from 3:80 7:00 a.m. to 6:00 p.m. on caravan day and on Saturdays and Sundays. Number: One per street frontage, maximum of three. Illumination: None. Duration: These signs are not intended to be permanent and shall be restricted to only when rental units are available for lease or rent. Number: Four. Design: The signs shall advertise only tracts located within the city. Illumination: None. Duration: After recordation of a 13 I�c,a i r c _F rylt it�`,trr .1Currrrr un +i C7c.w !c_> xric r rtlL ?EV, F'tv91 `,_C f i� 3( tl i \Il +ro5!()rr+in ar — - i - i ,wrrt a,,, �t +L+ cl�� �+sF +3t -pia+ 3+v EI +Eµ� k+ rf3lCuratrn4,�a� +6y F3eue4cxix ��+ +1�L7# V -F la E;4� 0 an+d�P�. =,�albftti +��x�� +{�6:y 2. Subdivision sale on- site signs 3. Subdivision and model home on -site flagpoles H. Campaign igr Campaign signs tract sign shall be placed within five hundred feet of any other tract sign. One sign per major street entrance to the site. Within two hundred feet of the nearest model home and no closer than two hundred feet of any occupied residence Poles shall be at least three feet from the tract boundary. Campaign signs may be placed in the front, side or rear yard of any parcel that fronts, sides or rears on a public street. No campaign sign may be placed in or Area: Thirty two square feet per side. Signs may be double faced. Height: Ten feet. Area: Twelve square feet in area for each flag. Height: Fourteen feet high for each pole. A maximum of two flagpoles per model home and one flag per pole. Area. No campaign sign may exceed six square feet in total area per face. Signs may be double - faced. Height. No freestanding final tract map signs may be erected for a maximum of eighteen months from the date of issuance of the sign permit for such sign or until all lots have been sold, whichever occurs first. The community development director may grant six month extensions. Maintenance: A deposit for removal of each sign shall be required as part of the sign Number: Two. Design: The signs shall advertise only tracts located within the city. Illumination: None. Duration: After recordation of a final tract map signs may be erected for a maximum of eighteen months from the date of issuance of the sign permit for such sign or until all lots have been sold, whichever occurs first. The community development director may grant six month extensions. Maintenance: A deposit for removal of each sign shall be required as part of the sign Number: Six. Maintenance: To be well maintained and kept in good condition (i.e., not tattered or torn) Number. Each parcel may have one temporary freestanding campaign sign for each political candidate or issue on each street frontage. Duration. All campaign signs must be removed within seven days following the election for 14R( s; �'h'-K2r_..PrL.__ actin( ify_] tMarr�Corrr���un�ty_ C3evc;f ra�xr�Frrt�C) EVF 'M7_S\7C7My()(), &1UFi`,ir�rr �Orr %rY�ri R..._�r��i_f,r _�lutic,�.rS�F.�_lxlti0_, t rrrr <tG �r iS CJcc`� Yrra± r� +_E c vFlc+t! \ ?�_1l PIF_4r (? !4`,' F1(?3!(1C, girt �1c +F� ary r ±r�t9 9r tiz>IrpY +c,rrs lF!C:. laYYc+ t >aras>c'ri Sign D;-d dog Section 17.40.110 Commercial /Industrial zones. In addition to any other signage permitted under this chapter or code, the following signs are permitted in commercial and industrial zoned properties, except for those properties within the boundaries of the Downtown Specific Plan (see section 17.40.120) subject to the applicable regulations set forth in the table below: COMM ERCIAUINDUSTRIAL ZONES encroach into a public campaign sign may which they are intended. If not right -of -way. exceed four feet in timely removed, the sign will be Number: One per street frontage. Illumination: Internally in height. deemed to be abandoned and may be double faced. commercial zones. Internal or may be removed by the city Height: Six feet. external in industrial zones. without notice. Landscaping: Surrounded by a Illumination. None. Section 17.40.110 Commercial /Industrial zones. In addition to any other signage permitted under this chapter or code, the following signs are permitted in commercial and industrial zoned properties, except for those properties within the boundaries of the Downtown Specific Plan (see section 17.40.120) subject to the applicable regulations set forth in the table below: COMM ERCIAUINDUSTRIAL ZONES Sign type Sign Location Maximum Sign Area Other Regulations and Height A. Not within a center. 1. Monument signs One -half of the required front or street side Area: Thirty six square feet per side. Signs Number: One per street frontage. Illumination: Internally in setback or four feet, may be double faced. commercial zones. Internal or whichever is greater. Height: Six feet. external in industrial zones. Landscaping: Surrounded by a minimum four foot wide landscaped planter area. Copy: Eighteen inch maximum letter height in commercial zones. Twenty -four inch maximum letter height in industrial zones. 2. Wall signs Affixed to the building Area: Twenty square Number: Three signs per wall, eave or overhang feet per leaseable leaseable space but no more than facing a parking area, space or seventy -five one sign per leaseable frontage. building courtyard, percent of the linear Illumination: Internal. exterior walkway or frontage of the street frontage. leaseable space, whichever is less. B. Centers (four or more businesses). A sign program shall be submitted to the Community Development Director for review and approval prior to the erection of any sign. The program shall show the location, style and type of signage. The sign program shall include no more than four sign colors, excluding colors for business logos. Business logos shall count in calculation of sign area, (For centers with existing sign programs conformance to the sign criteria of this subsection shall occur within twent -four months of the effective date of this ordinance. 1. Monument signs One -half of the required Area: Thirty six square Number: One per street frontage. front or street side feet per side. Signs Illumination: Internal in setback or four feet, may be double faced. commercial zones. Internal or whichever is greater. Height: Six feet. external in industrial zones. Landscaping: Four foot wide planter surrounding sign. 15 _ f4ir_,_r�uf _,t rti!(,ity SFr_zrc C;ur7tmun t�evel >rrierrilDrV Pti91S17_ C� Al2i }c) 11(tF >. dr rig' )rr!in>>-- `---=grid RE oFuk+axi7 f'C_f xhit,{t�t��9Q1(��;..� i�' �isrr� tac3rww fib __1'74k� _pr+ ,'kpi;rtY +srrF>rrY :k� +� LArt i t1 €�c;, 2. Pylon signs for One -half of the required Area: Three hundred Number: One sign per frontage. commercial retail front or street side setback area but no closer than four feet from the property line, square feet Height: Twenty -four feet Width: Twelve feet. Sign Copy: Center name and the name of up to a five tenants. The center name shall not include any tenant name. For centers with shopping centers of 50,000 square feet or larger located on Los whichever is greater. theaters changeable copy Angeles Avenue ar Pylon signs along the same side of Los Angeles ar -dew -Les signage within the overall allowable sign square footage is permitted. Pdew -L�s Aaeies Aver only. Ar-�fes- Avenue shall Illumination: Internal. be no closer than five Landscaping: A minimum four hundred feet of one foot wide landscaped planter area another. surrounding the sign base. 3. Wall signs for Shall be affixed to the Area: One square foot Number: Three signs, but no maior building wall, eave or per lineal foot of more than one per building /tenant overhang facing a business /tenant business /tenant frontage. (more than 10,000 parking area or street frontage or may be frontage. Height: Shall not extend Illumination: Internal. square feet of retail space) designed and beyond the roof line. incorporated into the roof. 4. Wall signs for Shall be affixed to the Area: One square foot Number: Three signs, but no minor building wall, eave or per lineal foot of more than one per building /tenant overhang facing a business /tenant business /tenant frontage. (less than 10,000 parking area or street frontage or may be frontage. Hei ht: Shall not extend Illumination: Internal. square feet of retail space) designed and above the roof line. incorporated into the roof. 5. Under - canopy Shall be mounted Area: Four square feet. Number: One per canopy. signs. perpendicular to the Height: Maintain a Illumination: External. business frontage using clearance of not less a flexible device such than eight feet from the as a chain or cable bottom of the sign to under the canopy. the walkway. 6. Directory signs In a central location Area: Fifteen square Number: Approved by sign for multi- tenant within a courtyard, or at feet. permit. industrial, the entrance to the Height: Five feet. Illumination: External or internal. business or office buildings, campus or center. Width: Three feet. centers. 7. Window signs Windows facing a Area: Twenty -five Design: No more than twenty -five (no sign permit parking area, courtyard percent of the total percent of any window shall required when or pedestrian passage window area. contain signing. requirements are way Illumination: None. Illumination met). except for neon signs. Limitations: If window signs are used in -lieu of wall signs, no temporary window signs are allowed. B. Temporary Windows facing a Area: Twenty -five Duration: Fifteen days per special window signs no parking area, courtyard percent of the total event up to four times per 16 ,, _F rv_+t_fty_ 1_i Irr C �LfLlg11 Lri ±ty_, [)c v lr- ��rr�< nt1L�f�V PM T5)i O_l1 IlC,1 rUS> Sr {R+ !(Jre t }an ± .. _ nd � J (_ rro,r_r a ibr ciut `�,G u_x Marx r #y ± uE�4 +I)!Ae t L:LE ?NI T,0,4-0 X21, t )at ks l4Yt��3trrt.,rttz- �i�frr i�tt� #,r: # "e sign permit or pedestrian passage window area. calendar year with at least thirty required when way days between events. requirements are Illumination: None. met . 9. Temporary Banners shall be Area: Twenty square Duration: Thirty days for grand banners securely affixed to a feet. openings. Fifteen days per building or wall and not Height: No higher than special event four times per attached to trees or the eave of the roof of calendar year with at least thirty nets. the building. days between events. C. Clocks and thermometers. Freestanding or On a building wall, Area: Twelve square Number: One per street frontage. wall mounted. monument or pylon feet and without Design: Architecturally compatible sign. commercial display or to the building(s) design. advertisement. Illumination: Internal. D. Drive -throw h restaurants. Menu board sign Adjacent to the drive- Area: Sixteen square Number: Two. through queue. feet for each menu Illumination: Internal. board. Hai ht: Ei ht feet. E. Service stations. 1. Monument signs One -half of the required Area: Thirty six square Number: One per street frontage. front or street side feet per face. Double- Illumination: Internal. setback area but no signs may be allowed. Landscaping: Four foot wide closer than four feet, Height: Six feet. planter surrounding sign. whichever is greater. Width: Six feet. 2. Under canopy Shall be mounted Area: Twenty square Number: One per business si ns perpendicular to the feet per side. Signs frontage. business frontage using may be double faced. Illumination: None. a flexible device such Height: Eight foot as a chain or cable clearance from the under the canopy. bottom of the sign to the walkway. F. Theater 1. Marquee signs Front elevation. Area: Total sign area Number: One. two hundred square Illumination: Internal and neon. feet, with fixed copy Mounting: Projecting from the area fifty square feet front elevation wall. Any and changeable copy projection over the public right -of- area one hundred fifty way requires an encroachment square feet. permit. Height: Minimum of ten feet to the bottom of the sign. The top of the sign shall be at least four feet lower than the ridgeline or plate line of the roof. 2. Freestanding One -half of the required Area: One hundred fifty Number: One sign per frontage. chan eable co front or street side square feet Sinn Co - See P Ion si ns. n"C; S;Y Co �trnitV_C)evc_( merrPlDE\I F'MT ', . C> (�001,1 'jg Exhibit 4 carrF cbun > r1t c �' C c,Er +me+ +� +}ley <y }rerat4�1� -F?fF ;1 -.E� A'+ t)t?_4_1Car �; irs 447 ri +fir ±su XL c c,lrF+, and Fi , rltr2ir3+ ., �yCr sin setback area but no Height: Twenty -four Illumination: Internal. closer than four feet feet Landscaping_ A minimum four from the property line, Width: Twelve feet. foot wide landscaped planter area whichever is greater. surrounding the sign base. 3. Wall signs Front and side Area: Twenty square Number: One per building face. elevations. feet per elevation. Illumination: Internal. Height: No higher than the wall on which it is located. 4. Now showing Front elevation. Area: Twelve square Number: Four. and coming feet for each sign. Desi gn: Enclosed within a attractions case Height: Eight feet to the lockable case architecturally si ns top of the case in which compatible to the building design. sign is mounted. Illumination: Internal. Mounting: Parallel to the wall. G. Ternp;rary real estate si ns. Freestanding, wall Freestanding signs Freestanding Sign Number: One freestanding sign mounted or shall be located in the Area: Thirty two square per street frontage. One building window. required front or street feet per face. Double sign per each leaseable space. side setback. Building faced sign may be Illumination: None. sign shall be affixed to allowed. the building wall or Building Sign Area: displayed in the Sixteen square feet. window. Freestanding Sign Height: Eight feet for freestanding signs. Building Sign Height: Not higher than the eave line of the roof. H. Campaign si ns. Campaign signs. Campaign signs may Area. No campaign Number. Each parcel may have be placed in the front, sign may exceed thirty one temporary freestanding side or rear yard of any two square feet in area campaign sign for each political parcel that fronts, sides per face. A campaign candidate or issue on each street or rears on a public sign may be double frontage. street. No campaign faced if it is placed Duration. All campaign signs sign may be placed in perpendicular to the must be removed within seven or encroach into a right -of -way. days following the election for public right -of -way. Height. No which they are intended. If not freestanding campaign timely removed, the sign will be sign may exceed four deemed to be abandoned and feet in height. may be removed by the city without notice. Illumination. None Section 17.40.120 Downtown specific plan area. A. In recognition of the unique character of the downtown area, a specific plan has been adopted. Signage is an important component of the overall character of the i•] Pd�,r,_ rr rv1_(, ty �,tt.ai C r rnr7 urnt C ?eYL,I> om i entlC ?C_V_F'_lg f `, (J i ?Ut)41CrE 4>i n _ C)rtlirT r� __..Sri:f_ ttr_ „I rk r rr .iF'(;,_[_ rtiuri t-- -� fiC cxr }at- kx +rt} 11±, vaE Ff1c. at,F3 v-- J?hAT� -_. 1 ',?04u (&_`- L4 t}r -�r LJraf +r _arx r riati ! , ,Jtttt, Via_ ';l't% 11 - —__ € - y,lat+'C)t3s�rr��t�+�tR {t�wr irt'r trt04f V- 1'M( {3rrtrh',�flt�dr,ti 3rcrr�.'KJr,.9sro�+ ray,,. �',�trt,�d� &�r�9�Prsfdtran�t� "C l�tF ;a +:I+rr= ��arr{ �,rt�ri G�t..i tlFx downtown area, and therefore unique sign regulations have been created. Approval of new signs or modification of existing signs shall conform with the requirements of this chapter and with the requirements of this section. B. Design compatibility. The design of all signs shall be compatible with the architectural character, the exterior materials and color(s) of the building. Sign colors shall also be compatible with the architecture of the building. Up to a maximum of three colors may be used. Materials used for the sign or the support structures of the sign may include, but are not limited to, wood, wrought -iron, and painted sheet metals (if the entire surface is painted). C. Sign placement. Signs shall be located on the buildings in a manner that does not obscure the building's architectural detail. D. Lighting. All externally lighted sources shall be shielded so light or glare is no directed toward surrounding properties. Creative and artistic applications of neon used in signs and other graphics may be permitted. E. Prohibited signs. In addition to the signs prohibited by section 17.40.130, the following additional signs are prohibited: 1. Pylon signs; and 2. Subdivision signs. F. Signs allowed in the downtown area. In lieu of those signs allowed in commercial and industrial zones, as set forth in Section 17.40.110, the following signs are permitted in the downtown subject to the regulations set forth below: DOWNTOWN SPECIFIC PLAN AREA Sign type Sign Location Maximum Sign Area Other Restrictions and Height 1. Monument si ns for buildings with a fifteen 15 foot or greater setback . Monument signs One -half of the required Area: Thirty six square Number: One per street frontage. front or street side feet per face. Double Copy: Eighteen inch maximum setback or four feet, faced signs may be letter height. whichever is greater. allowed. Illumination: None. The sign shall be Height: Six feet. Landscaping: Four foot wide located in the fifteen planter surrounding sign. foot setback area. 2. Wall signs not includin temporary wall signs for markets . Wall signs Front, side and rear Area: Twenty square Number: One per building tenant elevations. feet per building tenant for front elevations. One sign per for front elevations. building tenant for side and rear One -half square foot for elevations up to a maximum of each foot of side two signs. building frontage to a Illumination: Internal. maximum of ten square Copy: Eighteen inch maximum feet for side and rear letter height. elevations. Mounting: Parallel to the wall and Hecht: No higher than not projecting more than eight the wall on which it is inches. located. Length: No greater than seventy -five percent of the len th of the wall for �1,- ,r_arw ni \ %.rfy tilt irFai� nrrgviurrity Devsrr��ni1C7EV PM1rir O-- 9 re }rscut+t1 - C- - E tih b { t aIO n - - - -. , -. t c rrt a ttc r J+qe ;C txf +rr+sr�a+i� USE 1.ist7E Ftt�J€,- V- F'fatt_4 _�)1�,�}7(71�C i >iao� C?rti }rr as t +� ar.}cJ , dai +c r _,!'_. t «r+µ�_ #K,�� il3 1 +A�lfir �r +s + a( iy >4 re�Cor rr+t�rtiny wFalt }rr tFda4lt7E V PMT- & 3, ', C1i�11d), rc asl ?r lxf7 kr�f; +ar +:d- JkESr,li�N -�t 1,t' : A4-ri;t+m s+t 13i= l ckfj dcx,' DOWNTOWN SPECIFIC PLAN AREA Sign type Sign Location Maximum Sign Area - Other Restrictions and Height front elevations. One - half square foot for each foot of side building frontage to a maximum of ten square feet for side and rear elevations. 3. Theater :signs. ` 1. Marquee signs Front elevation. Area: Total sign area Number: One. one hundred forty Design: Architecturally compatible square feet, with fixed to the building(s) design that the copy area thirty square sign identifies. feet and changeable Illumination: Internal and neon. copy area one hundred Mounting: Projecting from the ten square feet. front elevation wall. Any Height: Minimum of ten projection over the public right -of- feet to the bottom of the way requires an encroachment sign. The top of the permit. sign shall be at least four feet lower than the ridgeline or plate line of the roof. 2. Wall signs Front and side Area: Twenty square Number: One per building face. elevations. feet per elevation. Design: Architecturally compatible Height: No higher than to the building design. the wall on which it is Illumination: Internal. located. Mounting: Parallel to the wall. 3. Now showing Front elevation. Area: Twelve square Number: Four. and coming feet for each sign. Design: Enclosed within a attractions case Height: Eight feet to the lockable case architecturally si gns top of the case in which compatible to the building design. sign is mounted. Illumination: Internal. Mounting: Parallel to the wall. 4. Temporary wall signs ns for food markets. Temporary wall Side elevation. Area: Seven square Number: Six, evenly distributed a signs advertising foot with maximum minimum of every ten feet. market specials. dimensions of 3.5 feet Design: Within a frame which is (No sign permit is by 2.0 feet. architecturally compatible to the required when Height: No higher than building(s) design. requirements are the wall on which it is located or eight feet, Illumination: None. Copy: Eighteen inch maximum met. ) whichever is less. letter height. Mounting: Parallel to the wall and not projecting more than eight inches. Duration: Two weeks for each market special. 20 r Nia. r viii c.r» (`its `ih_trr co? Tifntarii� L?eV!2;OprTLori iQEV 6'MT Z7 Cr �,i'CJU dli f ` it r y Ur Siri <>r rt rri fZr arli.ti r if'C, F whi "D - -- -- -- — - -- - - --- - -- C .xxatr +t�43i c)-k ---- -- '- --- L r� + +AHtra rk1(t�r priava JGt1,ar,:iirr'sr.�rft �>�c�t�t)srI rk�+> . , DOWNTOWN SPECIFIC PLAN AREA Sign type Sign Location Maximum Sign Area Other Restrictions and Height-, 5. Project! n /hang ing signs. a. Projecting or Centered above the Area: Nine square feet. Number: One per business. hanging signs entrance to the Height: At least eight Copy: Eighteen inch maximum business and mounted feet but no higher than letter height. Logos are perpendicular to the twelve feet from the encouraged. business frontage. bottom of the sign to Illumination: None. the grade below the Mounting: May hang over the sign. public right -of -way with issuance of an encroachment permit. b. Barber poles On the primary Area: Ten square feet Number: One per barber shop. business frontage as with maximum Illumination: None. determined by the dimensions of 2.75 feet Mounting: May hang over the community by 3.5 feet. public right -of -way with issuance development director. Height: At least eight of an encroachment permit. feet but no higher than twelve feet from the bottom of the sign to the grade below the sign. 6. Under cano py signs. Under canopy Centered above the Length: Seventy -five Number: One. signs entrance to the percent of the lineal Copy: Eighteen inch maximum business and mounted frontage of the front letter height. Logos are perpendicular to the elevation. encouraged. business frontage. Height: At least eight Illumination: None. feet but no higher than Mounting: May hang over the twelve feet from the public right -of -way with issuance bottom of the sign to of an encroachment permit. the grade below the --inn 7. "A" frame, sandwich board si ns` for restaurants and theaters. "A" frame signs In front of the business. Area: Seven square Number: One. If located in the public feet, maximum Design: Architecturally compatible right -of -way minimum dimensions of 2.0 feet to the building(s) design. ADA requirements shall by 3.5 feet. Eighteen inch maximum letter be met as well as the height. Logos are encouraged. issuance of an Illumination: None. encroachment permit. Mounting: Shall not be affixed to the ground. An encroachment permit is required if it is in the ublic ri ht -of -wa . 8. Cam ai n si ns Campaign signs. Campaign signs may Area. No campaign Number. Each parcel may have be placed in the front, sign may exceed thirty one temporary freestanding side or rear yard of any twoSquare feet in area campaign sign for each political 21 F rv�C'L Si i K iC,1 MI- I- 1Ur_1itt,v_e . mentO V PI�1 f cyi r i �,tcc�r i cf�!c �^� 1l.r.N7kF3 }ixa + #v [l tivt�l rrnen #, #3 €- _V-- F'�+9���c'--4�.# r�ti;+E',t,rr�rls,d `�ie�fwC)rel +.lf:�; DOWNTOWN SPECIFIC PLAN AREA Sign type Sign Location Maximum Sign Area Other Restrictions and Height parcel that fronts, sides per face. A campaign candidate or issue on each street or rears on a public sign may be double frontage. street. No campaign faced if it is placed Duration. All campaign signs sign may be placed in perpendicular to the must be removed within seven or encroach into a right -of -way. days following the election for public right -of -way. Height. No which they are intended. If not freestanding campaign timely removed, the sign will be sign may exceed four deemed to be abandoned and feet in height. may be removed by the city without notice. Illumination. None Section 17.40.130 Prohibited signs. Except as otherwise specifically provided in this chapter, the following signs are prohibited: A. Abandoned signs. B. A- frame, portable or handheld signs displaying a commercial message. C. Bench signs. D. Barber poles. E. Flashing signs. F. Flags with a commercial messages.,._including corporate flags. G. Mobile and portable signs. H. Off -site signs. I. Projecting signs. J. Roof signs. K. Any sign which emits sound or an odor. L. Any sign erected in such a manner that any portion of the sign or its support is attached to or will interfere with any free use of any fire escape, exit, or will obstruct any stairway, door, ventilator or window; M. Unsafe signs. N. Signs erected or attached to any utility pole; O. Signs erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic. P. Signs attached to the exterior surfaces of windows, Q. Inflatable signs and balloons in excess of two feet (2) in diameter; R. Hand held commercial signs. Section 17.40.140 Legal nonconforming signs. A. A legal nonconforming sign may be repaired or restored to its pre- existing condition, provided that the damages is not in excess of fifty percent (50 %) of its value, as determined by the city's building official. Prior to any repairs, a sign permit application shall be submitted and approved in accordance with the requirements of Section 17.40.060. Nonconforming signs which are damaged in excess of fifty percent (50 %) of its value, as determined by the city's building official, or that are abandoned or unmaintained, shall be ARair__I rt nrl { -dy +�rrc. lion ti��e`� !f <±trac + +Ear�x� lZr��uF•sk r�tl llE� FrM2�tz��t+ aC1_r +iP + - ±�rrr f 1 F� t ,! _ xli �' rk i .j _ .__.._... amortized in accordance with section 17.52.070B. B. Special circumstances. In accordance with Business & Profession Code section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this chapter. Section 17.40.150 Unsafe signs. Any unsafe sign may be removed by the city without prior notice. Alternatively, the director may issue a notice of violation and give the permit holder, property owner or person in possession and control of the property no more than fifteen days to cure the violation. In the case of an unsafe sign removed by the city, the costs of such removal and storage shall be borne by the permit holder, property owner, or person in possession and control of the property, as applicable, and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city may be released until the costs of removal and storage have been paid. If an unsafe sign remains unclaimed for a period of thirty days after notice of removal is sent to the permit holder, property owner, or person in possession and control of the property, it will be deemed to be unclaimed personal property and may be disposed of in accordance with the law. Section 17.40.160 Nuisance and abatement, enforcement and penalties. A. Nuisance Abatement. The city shall follow the procedures set forth in Business and Professions Code section 5499.1 et seq., for the nuisance abatement of permanent signs that are determined to be illegal. B. Enforcement and Penalties. Violations of this chapter are punishable as set forth in Chapter 17.56. Section 17.40. 170 Appeals. A. Any person seeking to appeal a decision of the director granting or denying an application for issuance of a sign permit, revoking a permit or ordering the remediation or removal of a sign, may appeal such action first to the planning commission, and if dissatisfied with the decision of the planning commission, then to the city council in the manner provided by Section 17.44.090 of this code. B. The city shall expeditiously schedule a hearing before the planning commission or city council, as applicable, not later than thirty (30) days after the notice of appeal is received by the City; provided, however, the hearing may be held after such thirty (30) day period upon the request or concurrence of the appellant. Action on the appeal shall be taken at the time of the hearing by the Planning Commission or City Council, as applicable, �Pot._1rr n1t,r� °liarF \C +rrrrnurrii 2, Vg I e f)I_VF'A1f 1!f23r�OQ1Ur � -- P�U�m I, V _ C + cr tr , sta txyr�ti t1,�r,1LNk+r r . t,r�r4C tit �# ( d r irtar s clot �,E rtr� t�cwitx l�tv� 4 ar- r�er3k�F s , +C �V -F ARF _1 C) A,� {�4k_t�tlk ,a ra C >rt9ii�ar F r tr Ed F9t Fait �. iarr�srlQrra+Y� J4tR;�c,J�r�waf r�i E�+tar�t� {tR t1F�e unless the appellant requests a continuance. The time for compliance of any original order will be stayed during the pendency of any hearing before the planning commission or city council. C. Any person dissatisfied with the final action taken by the city council may seek prompt judicial review of such decision pursuant to California Code of Civil Procedure Section 1094.8. 24 'l1E— i , a_]ysrtJrtna kr tF y ( =xhit i� � �., 1 Q' ','� ( c >rrc c ticrrr ckrc � �(. c�r� +a� +r�r� +�C)ev�krr�� +k�E3E =>✓ �"ivl FS4e` -C3 A1�f�4��F + -�K r - +s �)a< #+r +_cr+ c _ +sir# F3, r����tst�r r _`�f'Ly � � c.`' •• +' r ;rr2�;_4ir +r +s c#,re;4�14'kar # +ri-.sEnd+�,i #y i;43,�re,E.t3rrtrr3cxt+i� �vel�erstlt_)C�! F'A,i FS4r- 6�- t''<',�- �JC)41f#ar Mfr ;r +�'�1r<lrr +err +�ra� <+r+s9- ft�;s�A:it}uF��iG'�:: ITEM: 8.B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire Prepared by Joseph Fiss, Principal Planner DATE: June 16, 2005 (PC Meeting of 06/28/05) 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. DISCUSSION 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, with the public hearing open, 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. At the April 26, 2005 public hearing for this project, the Planning Commission expressed reservations with the mitigation related to the City's Hillside Management Ordinance (Chapter 17.38 MMC) and asked the applicant to redesign the project to fully comply with the Hillside Management Ordinance. In order to give the applicant sufficient time to evaluate the consequences of a redesign, the case was removed from the calendar requiring a new public notice. The applicant has evaluated the Planning Commission's request for compliance with the Hillside Ordinance and has decided that the project improvement and development costs warrant the number of units proposed. No changes have been made in the project. It is important to note that Ordinance 207 (Hillside Management) which added Chapter 17.38 to Title 17 of The Moorpark Municipal Code (Zoning Ordinance) was adopted on May 17, 1995 during the processing of the Moorpark Country Club Estates project, which was approved on April 17, 1996. Moorpark Country Club Estates (Tract \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \1994 -01 Toll \Mod 6 to RPD '�0�1�''f.y°iJ TR 5464 \Agenda Rpts \PC Agenda Report.062805.doc Honorable Planning Commission June 28, 2005 Page 2 No. 4928, RPD No. 94 -1) was exempted from the provisions of Chapter 17.38 consistent with Section 17.38.030 (M) which specifically exempts projects with development agreements from the Hillside Management Ordinance. It is staff's opinion that the proposed project is a logical extension of Moorpark Country Club Estates, and does not represent a significant portion of land area. The only ridge line that remains after the development and grading of Moorpark Country Club Estates has been severely undercut. Grading of this project, although inconsistent with the Hillside Ordinance, would be consistent with the adjacent existing development. Impacts have been mitigated to a level of insignificance as shown in the Initial Study and Conditions of Approval. The attached resolution is for approval. However, should the Planning Commission wish to recommend denial of this project to the City Council, it must make findings for denial. Staff has prepared a draft resolution with potential findings for denial shown is strikeout /underline format (Attachment 3). 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. Honorable Planning Commission June 28, 2005 Page 3 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. 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. 0 o o 0 cr y Honorable Planning Commission June 28, 2005 Page 4 STAFF RECOMMENDATION 1. Open the public hearing, take public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council 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. ATTACHMENTS: 1. Planning Commission Agenda Report of April 26, 2005 (includes Planning Commission Agenda Report of March 22, 2005, without draft resolution). 2. Draft PC Resolution No. PC -2005- with Conditions of Approval. 3. Draft Resolution No. PC -2005- Resolution of Denial with potential findings. �� Q=0 a'q 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). PC ATTACHMENT 1 0Ot1-'0-;!-) \ \Mor pri sere \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. 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 RECONMNDATION 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. 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 0 A 0 Or Maus aawr1 it,n ila �aa. v�orwq irr Nt \ ;L 7� IX 9' VT F , ra. LOW mrawra ari+ a>rre �nir evi. -aw w�+erwr r -..we wm os r; .. . i� A If LEW awwww.r.n arse wsa°a u e."`r iir'°`iu ere. �rrr r-� wnru rwr� ra-� '°"rr ewe ern • mer rmz�'rra�ls-cv.>�r -�a aarw ror our �aru r' w +rr aav nrca +r nar +ra+w a . Ar. awwc .n...c ..H.v mw a r�iw arnn it Nr Aa+�A. + a�e iaw� nyr�raedw wim w wrr ner�x +vm _ XawA o°w'"'mro°'mr n �v . t r�x�tn aw a►,u� o RA NOORPAAK SHEET A a1 r '80 fyjo 805 /60 90� glio 8317 mnew (*O,T HWW(OCAAWS ARE SO"A77C) 912 862 (NOM HWV (OW naYS ARE RNOM X) SLUES 5EAS464 T UiEz 3 MOORPARK PLANNING COMUSSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. 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. 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 0 �_ +0 J 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 (RFD) 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. 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 g Agricultural Agricultural Exclusive Medium Low South and Open RPD and OS Residential Space East Agricultural g Agricultural Ranch /Estate -- _ Exclusive -- - Medium Low - - - - -- - -- - - - -- West and Open RPD and OS Residential /Open Space I Space 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; 1 v: 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. hots 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 01-11 3 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. () ("t", () Z_" 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 ") () o0 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 (25'), 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. 0 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. DEVELOPWENT AGRF124ENT Toll Brothers, Inc. will apply for a development agreement pursuant to Government Code Section 65864 et seq. 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. QW Q 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 00005.3 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 0 000: 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 RECOt44ENDATION 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. 00010,11"d-5 �5 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 SIDE OF CHAMPIONSHIP DRIVE, WEST OF WALNUT CANYON ROAD, ON THE APPLICATION OF TOLL BROTHERS, INC. WHEREAS, at duly noticed public hearings on March 22, 2005, April 26, 2005, and June 28, 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 side of Championship Drive, west of Walnut Canyon Road, on the application of Toll Brothers, Inc.; and WHEREAS, at its meetings of March 22, 2005, April 26, 2005, and June 28, 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 050628.doc PC ATTACHMENT 2 `® 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. 0() os '' 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 000 ?0:,3 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 28th day of June, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 0VC0%1 9 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. 0000 O 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 No 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 including all electrical lines of 65 kv or less 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 or receipt of all permits required for the improvement. Such improvements must start prior to issuance of a building permit for the first dwelling unit. 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 as approved by Ventura County Water Works District #1. 11. Any existing septic systems shall be properly abandoned in accordance with law. 12. 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. 13. 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. 14. All lots shall be made a part of the Landscape Maintenance District for Championship Drive and the Multi - purpose trail. 00CIOC-,-1 Resolution No. PC -2005- Page 7 15. Should the Fire Department abandon the helipad facility on the north side of RPD 1994 -01 prior to record map 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. This condition shall be subject to the Homeowners Association's acceptance of this recreation area. 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 /recorded 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. 6. Prior to occupancy of the twenty -fifth (25th) home, or 180 days from receipt of approved /permitted plans, whichever is 0 C� Resolution No. PC -2005- Page 8 later, 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 unlawful rules or regulations or orders of an authorized governmental agency. 0 () C0C31 Resolution No. PC -2005- Page 9 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. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding OOC, 61: Resolution No. PC -2005- Page 10 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 discretion so long as said fee is imposed on similarly situated properties. Q()VOC- Resolution No. PC -2005- Page 11 13. Parks: Prior to issuance of Zoning building permit, the applicant shall Community Development Department Park and in accordance with the Moorpark Municipal satisfaction of the Parks, Recreation Services Director. 14. Fire Protection the issuance of Facilities Fees Division. The Council adopted in effect at the Clearance for a submit to the Recreation Fees Code and to the and Community Facilities: Prior to or concurrently with a building permit, current Fire Protection shall be paid to the Building and Safety fee shall be paid in accordance with City Fire Protection Facilities Fee requirements 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. The fee shall be calculated per dwelling unit for residential projects, or by use for commercial and 0 () 0® Resolution No. PC -2005- Page 12 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 permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a building permit have been paid to the Moorpark Unified School District. 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 00P0C, I "I Resolution No. PC -2005- Page 13 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. 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 0000GS Resolution No. PC -2005- Page 14 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 (5a) 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 Affordable Housing Agreement that incorporates a Council approved Affordable Housing Implementation and Resale Restriction Plan consistent with the Conditions of Approval 00C®C19 Resolution No. PC -2005- Page 15 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: 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 (71) 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. ®0 "Oto Resolution No. PC -2005- Page 16 38. 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, 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 000,0 r 1 Resolution No. PC -2005- Page 17 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. 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 provided for in the covenants, codes and restrictions (CCRs). 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 required fences /walls for each lot shall be in place, unless an alternative installation is approved by the Community Development Director. Resolution No. PC -2005- Page 18 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 with t kJ Resolution No. PC -2005- Page 19 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, or will be sealed or destroyed in conjunction with the grading operation, per Ventura County Ordinance Resolution No. PC -2005- Page 20 No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. 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. Bonds may be reduced in accordance with the Subdivision Map Act. 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 percent (500) 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 review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. 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 000075 Resolution No. PC -2005- Page 21 lane available on interior residential streets. Collector streets shall be designed to have a minimum of one dry travel lane in each direction. 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 OW-001i 0 Resolution No. PC -2005- Page 22 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 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 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 0ooW.-''i Resolution No. PC -2005- Page 23 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 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 OW-10713 Resolution No. PC -2005- Page 24 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: 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." Resolution No. PC -2005- Page 25 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 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' -611) and a minimum outside turning radius of forty (401) 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 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 (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. 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. ����r0E Resolution No. PC -2005- Page 26 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. 85. Within seven (7) days of Map(s) an electronic version to the Fire District. the recordation of the Final of the map shall be provided 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. 00( -�0SI Resolution No. PC -2005- Page 27 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 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 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. 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 feet all grass or brush exposing any structure(s) to fire hazards. 0()C0�; Resolution No. PC -2005- Page 28 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: 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 Resolution No. PC -2005- Page 29 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. =:iikNU= 0 0ce 0 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL DENIAL 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 SIDE OF CHAMPIONSHIP DRIVE, WEST OF WALNUT CANYON ROAD, ON THE APPLICATION OF TOLL BROTHERS, INC. WHEREAS, at duly noticed public hearings on March 22, 2005, April 26, 2005, and June 28, 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 side of Championship Drive, west of Walnut Canyon Road, on the application of Toll Brothers, Inc.; and WHEREAS, at its meetings of March 22, 2005, April 26, 2005, and June 28, 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 \ \Mo 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 050628 (Denial).doc PC ATTACHMENT 3 ���' 0 `"`' Resolution No. PC -2005- Page 2 findings in accordance with City of Moorpark, Municipal Code Section 17.44.100: A. The project does ne t invel involves a substantial or fundamental change in approved Residential Planned Development Permit No. 1994 -01 in that although 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, the project adds dwelling units without adding amenities to the development; 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 not be consistent with the City of Moorpark General Plan and Zoning Ordinance, if amended by General Plan A endment Die . 2903 0 4 and Zene —Change Pilo— 2993 - 93, te a l l e ;ova €e r a dam- up Ice 1.3 units pe r-�N = in that the proposal does not comply with the City's Hillside Management Ordinance (Chapter 17.38 MMC). ®���0 Resolution No. PC -2005- Page 3 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. 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 not physically suitable for the proposed density of development, in that the design pre -,Ades few, in order to provide large graded pads for the proposed houses the project must be built in contravention to the Hillside Management Ordinance (Chapter 17.38 MMC). 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; 00F0` "� Resolution No. PC -2005- Page 4 B. appreval denial of General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03 for the area covered by Tentative Tract Map No. 5464; C. apreval denial 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 D. apprev l denial 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 28th day of June, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc Prepared by Joseph Fiss, Principal Planner i DATE: June 16, 2005 (PC Meeting of 06/28/05) 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. DISCUSSION 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 with the public hearing open, 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. At the April 26, 2005 public hearing for this project, the Planning Commission expressed reservations with the mitigation related to the City's Hillside Management Ordinance (Chapter 17.38 MMC) and asked the applicant to redesign the project to comply fully with the Hillside Management Ordinance. In order to give the applicant sufficient time to evaluate the consequences of a redesign the case was removed from the calendar requiring a new public notice. The applicant has evaluated the Planning Commission's request for compliance with the Hillside Ordinance and has decided that the project improvement and development costs warrant the number of units proposed. No changes have been made in the project. It is important to note that Ordinance 207 (Hillside Management) which added Chapter 17.38 to Title 17 of The Moorpark Municipal Code (Zoning Ordinance) was adopted on May 17, 1995 during the processing of the Moorpark Country Club Estates project, which was approved on April 17, 1996. Moorpark Country Club Estates (Tract \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \2003 -04; TR 5463 Toll Bros \Agenda Rpts \PC Agenda Report.062805.doc �p� P� 0 g _ �:J Honorable Planning Commission June 28, 2005 Page 2 No. 4928, RPD No. 94 -1) was exempted from the provisions of Chapter 17.38 consistent with Section 17.38.030 (M) which exempts projects which have development agreements are specifically exempt from the Hillside Management Ordinance. It is staff's opinion that the proposed project is a logical extension of Moorpark Country Club Estates, does not represent a significant portion of land area. Although mass grading would occur in contravention of the Hillside Management Ordinance, a certain degree of this would occur regardless of the development on this lot, due to the existence of an ancient landslide on the site and repairs needed for the over -steep slopes on Grimes Canyon Road. The project as proposed would repair the landslide and slopes, and has been sensitively designed to screen the proposed homes from view of the existing residences to the south through grading and the use of berms and landscaping. Grading of this project, although inconsistent with the Hillside Ordinance would be consistent with the adjacent existing development. Impacts have been mitigated to a level of insignificance as shown in the Initial Study and Conditions of Approval. The attached resolution is for approval. However, should the Planning Commission wish to recommend denial of this project to the City Council, it must make findings for denial. Staff has prepared a draft resolution with potential findings for denial shown is strikeout /underline format (Attachment 3). 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. Honorable Planning Commission June 28, 2005 Page 3 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. 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 0000CA Honorable Planning Commission June 28, 2005 Page 4 and future development includes single- family, detached homes of similar density. STAFF RECOMMENDATION 1. Open the public hearing, take public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council 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. ATTACHMENTS: 1. Planning Commission Agenda Report of April 26, 2005 (includes Planning Commission Agenda Report of March 22, 2005, without draft resolution). 2. Draft PC Resolution No. PC -2005- with Conditions of Approval. 3. Draft Resolution No. PC -2005- Resolution of Denial with potential findings. 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 PC ATTACHMENT 1 p () ® f10 I-C, \ \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 0f -) x,00 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. 0 ()�u0!�s 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. cm LK) =zr (2) Elm am cm CM Aw WAO (ib 4z-- '/. ` To"3 655� Ten to live � &hibits�3655- DETEN770N.dwg Apr 73 2005, 9.-48am vmcent w9j �� = 774 navz 116601 ►ar. i -m' 749 724 40' 0' ` 80' SCALE.- 1 " =80' MODIFIED DETENTION BASIN TTACHMENT 2 MOORPARK COUNTRY CLUB ESTATES SHEET JENSEN 4171 E ' � 003 DESIGN 805/54 -977 FAX TRACT No. 5463 2 °F 2 &SURVEY, INC FAX .'!?5/6654 -86979 gr 13, 2005 | Mh MIA 11 N 79 t 010, bu DIFIED DETENTION BASIN ,::�01 01 80' 4171 MAMW ST. sn, 4A MOORPARK COUNTRY CWB ESTATES SHEET 11 801 DESIGN PHONE 806/654-6977 OF SCALE. I &SURVEY, INC pop FAX 805/654-6979 TRACT No. 5463 Apr 12, 2005 MOORPARK PLANNING COWI S S I ON AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direct o 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_serv\City Share \Community Development \DEV PMTS \R P D \2003 \ -04; TR 5463 Toll Bros \Agenda Rpts \PC Agenda Report.032205.doc IC3 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. 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_C dwelling units per acre. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Rural Rural Low Exclusive - 5 Residential acre minimum (RL), Open (RE -5ac), Unimproved, Site Space -2 (OS- Open Space - Landscaped, 2), and 500 acre Graded Public minimum (OS- Institutional 500 ac) and (PUB) Institutional North Agricultural Agricultural Exclusive_ Agricultural _ Medium Low South and Open RPD and OS Residential Space ____ _ East Open Space OS Golf /Open Space West Agricultural Agricultural Exclusive Open Space The purpose of the Residential Planned provide areas for communities, which will modern land planning and unified design provides a flexible regulatory procedure Development zone is to be developed, utilizing techniques. This zone .n order to encourage: OOC 1 . 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 57,499.2 696,524.4 B -F (Open Space) 15.99 G (Streets) 3.0-1 131,986.8 Total 43.04 1,874,822.4 00C�10%31 Honorable Planning Commission March 22, 2005 Page 5 Planned Development Permit No. 2003 -04: Parcel Proposed Use 1 -51 Residential Lots A&I On Site Detention S -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 000101 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. a(1)�VI () 5 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. 000110c Honorable Planning Commission March 2.2, 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 0 V(11 " 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. DEVELOPMENT AGREE24ENT Toll Brothers, Inc will apply for a development agreement pursuant to Government Code Section 65864 et seq, 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. 0 0 "I c' s 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. ®� 1 () "D Honorable Planning Commission March 22, 2005 Page 11 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 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. 0 ()O-,'1' 0 Honorable Planning Commission March 22, 2005 Page 12 STAFF RECOO94EMATION 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. 00PI13.11 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 hearings held on March 22, 2005, April 26, 2005, and June 28, 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, April 26, 2005, and June 28, 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 050628.doc 0 PC ATTACHMENT 2 ��� 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. 000 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. 0 1Q JL g 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 28th day of June, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval 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. 0VCIiIG 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 including all electrical lines of 65 kv or less. 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 or receipt of all permits required for the improvement. Such improvements must start prior to issuance of a building permit for the first dwelling unit. 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. 0091 Resolution No. PC -2005- Page 7 13. Water impoundments) shall be maintained in a manner which will not create mosquito breeding sources. 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, provided that the existing district accepts the lots. 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 /recorded 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 0 "Als Resolution No. PC -2005- Page 8 Council upon filing of a Modification application and payment of the fee in effect at the time of application. 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 (201) below the highest point of the berm. 7. Prior to occupancy of the twenty -fifth (25th) home, or 180 days from receipt of approved /permitted plans, whichever is later, 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 000119 Resolution No. PC -2005- Page 9 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 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 oock,120 Resolution No. PC -2005- Page 10 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 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. 00 '1 :1 Resolution No. PC -2005- Page 11 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 ®� �a122 Resolution No. PC -2005- Page 12 discretion so long as said fee is imposed on similarly situated properties. 13. Parks: Prior to issuance of Zoning building permit, the applicant shall Community Development Department Park and in accordance with the Moorpark Municipal satisfaction of the Parks, Recreation Services Director. . 14. Fire Protection the issuance of Facilities Fees Division. The Council adopted in effect at the 2learance for a submit to the Recreation Fees Code and to the and Community Facilities: Prior to or concurrently with a building permit, current Fire Protection shall be paid to the Building and Safety fee shall be paid in accordance with City Fire Protection Facilities Fee requirements 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'x.1123 Resolution No. PC -2005- Page 13 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 0 00-2' Resolution No. PC -2005- Page 14 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 (15 %) 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. 0001125 Resolution No. PC -2005- Page 15 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 (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 Resolution No. PC -2005- Page 16 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: 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 (121) foot wide by twenty (201) 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 (161) feet wide by seven (71) feet high for double doors and nine (9') feet wide by seven (7') feet high for f�( ►f�12 Resolution No. PC -2005- Page 17 single doors. A minimum paved driveway shall be door outside of the street 38. All homes /units shall saving devices. These limited to ultra low gallons) , low water us fueled stoves, pilotless night set back feature main space- heating automatic dampers, twenty (20') foot long concrete provided in front of the garage right -of -way. be constructed employing energy devices shall include, but not be flush toilets (to not exceed 1.6 e shower controllers, natural gas ovens and ranges, electric ovens, s for thermostats connected to the source, kitchen ventilation systems with 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 aradina conzigurarion, in conformance w] Landscape Standards and Guideli requirements; including, but specifications and details ar. Perimeter and common area Fences on the Landscape and Irric connection, at the applicant's E walls with existing fences and residential, commercial or indust shall maintain proper vehicle s.- the review of the City Engineer, planting areas consistent wit Approval. Review by the Cit, Consultant and City Engineer, and th the City of Moorpark ies, policies and NPDES not limited to, all i a maintenance plan. and walls shall be shown ition Plans, including xpense, of property line >r walls on any adjacent -ial properties. The plan 3ht distances subject to nd encompass all required 1 these Conditions of is Landscape Architect approval by the Community 0V C, 1219 Resolution No. PC -2005- Page 18 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 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 provided for in the covenants, codes and restrictions (CCRs). 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, until passed on to an appropriate entity. 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. 00� -'12 Resolution No. PC -2005- Page 19 49. Prior to the issuance of Zoning Clearance for occupancy all required fences /walls for each lot 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 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. 0VC.1�10 Resolution No. PC -2005- Page 20 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 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 Resolution No. PC -2005- Page 21 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, or will be sealed or destroyed in conjunction with the grading operation, per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. 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. Bonds may be reduced in accordance with the Subdivision Map Act. 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 review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. ®(� 1�A2 Resolution No. PC -2005- Page 22 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. 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 00C "1�3 Resolution No. PC -2005- Page 23 (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 NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practice. The NPDES superintendent shall provide proof of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practice. In addition, an NPDES superintendent shall be designated to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. MAINTENANCE 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 00(.1131111 Resolution No. PC -2005- Page 24 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 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 ���Y� rI Resolution No. PC -2005- Page 25 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: 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 00CI AuCa Resolution No. PC -2005- Page 26 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 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. 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 (800') 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. 0 % fl, 1 1" Resolution No. PC -2005- Page 27 FINAL MAP 83. Prior to recordation of the Final Map(s) proposed street names) 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. 85. 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. 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 (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. 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 00('111431S Resolution No. PC -2005- Page 28 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 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 hydrant (s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111 -3 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. 00019 Resolution No. PC -2005- Page 29 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 (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: 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: 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. O(W.14 Resolution No. PC -2005- Page 30 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 - v RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL DENIAL 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 hearings held on March 22, 2005, April 26, 2005, and June 28, 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, April 26, 2005, and June 28, 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 not consistent with the \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \2003 -04; TR 5463 Toll Bros \Reso - Cond \PC Reso 050628 (Denial).doc PC ATTACHMENT 3 „IL ,' , Resolution No. PC -2005- Page 2 provisions of the General Plan, any applicable Specific Plans, Zoning Ordinance, and any other applicable regulations �209 94 a=d�ere Change Ne. 2-9-93 03 in that the site d, ' - " rs- eensa:stc-rxt with -- fleede -n deyelepffi toehnrq:uee, nd t-- develepment will utilize high glxal' t1, e ; teet, l materials and treatment=s te enhanee the visual appeal ef the-- struetures te -tee eenstrueted in that the proposal does not comply with the City's Hillside Management Ordinance (Chapter 17.38 MMC). 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 not be consistent with the City of Moorpark General Plan and Zoning Ordinance, if affiended by General Plan - Amendment Pie. 200 - 3-04 -- and -- Zene -- Change Ne- 2-093 - 03, t e--al l ew f e r -a-density :up te 1.2 icinits per a e i n that the proposal does not comply with the City's Hillside Management Ordinance (Chapter 17.38 MMC). B. The site is not physically suitable for the proposed density of development, in that tie - design plcev± es €er in order to provide large graded pads for the proposed houses the project must be built in contravention to the Hillside Management Ordinance (Chapter 17.38 MMC). 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. Deny General Plan Amendment No. 2003 -04 and Zone Change No. 2003 -03 for the area covered by Tentative Tract Map No. 5463; C. Deny Residential Planned Development Permit No. 2003 -04; and D. Deny Tentative Tract Map No. 5463. 0 C lx�;� Resolution No. PC -2005- Page 3 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 28th day of June, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director 4, 1 ITEM: 8.D. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by Jared Rosengren, Contract Plan:er DATE: May 31, 2005 (PC Meeting of 6/28/05) SUBJECT: Consider General Plan Amendment No. 2004 -04, Commercial Planned Development No. 2004 -03 and Conditional Use Permit No. 2005 -04, Consisting of an Amendment to the Land Use Element that Would Allow Sales, Distribution and Warehousing in the City's designated General Commercial Land Use Area and a Retail Center with a One -Story (With Mezzanine Level) 115,000 sq. ft. Single Tenant Building Over Thirty -Five Feet (351) in Height and a 17,500 sq. ft. One -Story Commercial Building on 8.15 -acres Located on the North Side of New Los Angeles Avenue /White Sage Road, Immediately East of the SR -23 Freeway, on the Application of Brian Poliquin BACKGROUND During several meetings in 2004, the City Council considered whether or not a proposed appliance sales, distribution and warehousing business is a commercial use in compliance with the existing General Plan and Development Agreement governing the subject property. An Ad -Hoc Committee (Council Members Harper and Millhouse) was formed to study this matter further and make a recommendation back to the Council. On September 15, 2004, the Council determined that the proposed use would not be in compliance with the existing General Plan and Development Agreement. The Council also waived the General Plan Pre - Screening process, thereby allowing the filing of a General Plan Amendment application. A new Development Agreement was also required for the proposed project with the requirement that the new building be of the highest quality and that a City entry sign be part of the project design. On September 22, 2005, the applicant submitted a General Plan Amendment application to amend text in the Land Use Element to allow for commercial distribution and warehousing in the General Honorable Planning Commission June 28, 2005 Page 2 Commercial land use designation, along with a Commercial Planned Development application for an 115,000 sq. ft commercial building and a 17,000 sq. ft. one -story commercial building. A Conditional Use Permit application was later requested to exceed the 35' height limit in the CPD zone for architectural elements on the 115,000 sq. ft. commercial building. DISCUSSION Project Setting Existing Site Conditions: The project site is 355,014 sq. ft (8.15 acres) in size, and is topographically at approximately the same level as the adjacent SR- 23 freeway, with excellent visibility from both the northbound and southbound lanes. The site is flat, having been previously graded. It is currently vacant and is primarily covered with non - native weeds. Previous Applications: The project site was previously a part of General Plan Amendment No. 1995 -1, Zone Change No. 1995 -3, Vesting Tentative Tract No. 5004 and Industrial Planned Development No. 1995 -02. The approval of this project through Resolution 96 -1222 resulted in a zoning change from Open Space to Commercial Planned Development. On August 28, 1996, the City Council adopted Ordinance 220 approving a Development Agreement with Special Devices, Inc. (SDI). The Development Agreement described a number of items which were to be accomplished by SDI, and set forth the permitted uses for this lot. The agreement limited the maximum floor area to 132,183 sq. ft. and restricted the allowable uses to shopping centers, hotels and motels, conference and convention centers, hospitals, pharmacies, restaurants and motor vehicle dealers. The development agreement, with respect to the allowable uses on the site, is more restrictive than the zoning on the property and, in this case is the governing document. The development agreement will expire in 2006 at which time, unless the Development Agreement is extended or modified, the CPD zoning would govern the allowable land uses. On September 15, 2004, the City Council approved a staff recommendation to allow the filing of a General Plan Amendment application and to allow the negotiation of a new Development Agreement with the requirement that the building and site design be of the highest quality and that a City entry sign be part of the project design. 00C &IL I Honorable Planning Commission June 28, 2005 Page 3 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use 115,000 General Commercial 17,500 Site Commercial Planned Graded and (C -2) Development Undeveloped ......... ( CPD )._._...... North Open Space Open S P ace P Arroyo Simi (OS) (OS) Open Space Open Space South and and Limited Open Space and Manufacturing Industrial Special Devices, ..... - ( 1 ) .. c_M z ) Inc. East Open Space Open Space 10pen Space /Arroyo .... . . . (OS 1) (OS) Simi West Open Space Open Space ................. Open Space and and Freeway SR -23 Freeway General Plan and Zoninq Consisten The applicant is requesting a General Plan Amendment for this project. The current General Plan designation of the site is General Commercial (C -2), with a maximum .25 Floor Area Ratio (FAR), or 0.25 square feet of building area for each square foot of land. The current zoning designation is CPD (Commercial Planned Development). The proposed General Plan Amendment would amend the General Commercial category to allow an expanded FAR of .38 on sites that meet specific criteria and whose intended uses would include appliance or furniture sales with distribution and warehousing facilities. This issue is discussed further in the Analysis section of this report. Project Summary Commercial Planned Development Permit No 2004 -03: Building Proposed Use Building Area (sq. ft.) 1 Home Appliance Store 115,000 2 Furniture Store 17,500 Total 132,500 Proposed Project Architecture: Building One (Warehouse Discount Center) The architectural design of the proposed 115,000 sq. ft. structure is a concrete tilt -up building altered to give the appearance of a 00011'~ Honorable Planning Commission June 28, 2005 Page 4 commercial facility. The architectural theme is a mix of Modern and Mediterranean that is complementary and compatible with surrounding developments and open space. From the outside, the building portrays a retail character, utilizing vision, spandrel and tempered glass, stone veneer, reveals, cornices and parapets. The store entrance elevation is treated with a large tower element with a clay tile roof and stone veneer; while the freeway elevation has a tower with a hip roof element to both sides. Balconies located off the mezzanine level on the freeway elevation are to serve the office portion of the proposed use. The main parapet, at approximately thirty -four feet (34') in height, is below the thirty -five foot (35') threshold for requiring a Conditional Use Permit. However, the tower elements, at approximately forty feet (401) in height measured from the ground to the plate line, require a Conditional Use Permit. Building Two (Furniture Store) The architectural design of the proposed 17,500 sq. ft. structure uses the same techniques as Building One, giving the concrete building a distinct commercial theme. Architecture is discussed in more detail in the Analysis section of this report. Circulation: Access to the project site is provided from White Sage Road approximately 200' east of the northbound SR -23 off ramp to New Los Angeles Avenue. The driveway is for ingress and egress. 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. Traffic: A Traffic Impact Study by Overland Traffic Consultants, Inc., dated May 2004, has been prepared for this project. The report indicates that the proposed project is expected to generate 118 vehicular trips (93 inbound and 25 outbound) during the AM peak hour and 158 vehicle trips (48 inbound and 110 outbound) during the PM peak hour. During a typical weekday, the proposed project is forecast to generate 1,894 daily trips. The level of service will not be significantly impacted at the twelve (12) intersections included in the study. Parking: The project proposes substantially more parking than required by code as shown in the following table. IL �� Honorable Planning Commission June 28, 2005 Page 5 Loading Area: The Zoning Ordinance requires at least one (1) loading space for each building over 3,000 square feet in area. Ten (10) loading dock spaces are proposed to be located to the rear of Building One (north side) and one loading space is proposed to be located on the north side of Building Two. Landscaping: A conceptual landscape plan has been prepared for the site. The plan is considered satisfactory, with the additions discussed in the Analysis section. The Zoning Ordinance requires the total area devoted to landscaping shall in no case be less than ten percent (10 %) of the overall lot area. The project proposes 87,736 sq. ft of landscape area or 24.7% of total site area. Existing street trees on White Sage Road were planted as part of the Special Devices Inc. IPD No. 1995 -02. No trees are proposed to be removed. A special condition is recommended for the applicant to work with the City, SDI and Caltrans in upgrading adjacent freeway landscaping. Presently, SDI is responsible for the maintenance of the landscaping that it installed as part of its IPD. Site Improvements and National Pollution Discharge Elimination Standards Requirements (NPDES): The City Engineer has conditioned the project to provide for all necessary on -site and off -site storm drain improvements including the imposition of National Pollution Discharge Elimination System (NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are required to be provided so that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to URBEMIS Air Quality-model and the 2003 Ventura County Air Quality Assessment Guidelines, the proposed project will produce NOx emissions in excess of the 25 pound per day threshold. As is required with all commercial/ industrial projects, staff is recommending a standard condition requiring a contribution to the Honorable Planning Commission June 28, 2005 Page 6 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 areas for Planning Commission consideration in their recommendation to the City Council: • General Plan Land Use Desiqnation • Architecture • Building Height General Plan Land Use Desiqnation: The existing designation for the site is General Commercial. The Land Use Element calls for a maximum 0.25 FAR on land designated General Commercial. This would allow for a typical single -story retail center with surface parking at a ratio of one space per 300 square feet. It should be noted that the parking requirement for furniture and appliance stores is one space per 500 square feet. A single -story furniture or appliance store with surface parking could be developed at a higher FAR if permitted by the General Plan. Staff recommends that the location of furniture or appliance stores with distribution facilities be limited to certain areas within the General Commercial land use designation where the site area is large enough to accommodate appropriate design of loading facilities and where freeway access is readily available. It is recommended that the C -2 General Commercial category on Page 25 of the Land Use Element be amended to read as follows: C -2 - General Commercial (0.25 FAR) This designation provides for commercial uses with a wide range of retail and service activities (6 -20 acres). Intended uses include community shopping centers, department stores, furniture and appliance stores, restaurants, automotive uses, office and professional services, and business support services. This designation encourages the grouping of commercial outlets into consolidated centers with direct access to major roads, arterials and /or freeways. Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the Circulation Element and that are not adjacent to planned residential uses may be developed with retail furniture or appliance stores with attached distribution /warehouse 0001: _`3 Honorable Planning Commission June 28, 2005 Page 7 facilities at a maximum 0.38 FAR when all other standards of the Zoning Ordinance are met. Architecture: The subject site is highly visible from SR -23 freeway and the surrounding valley floor. In response to the site's highly visible location, the applicant has made an effort to use a variety of design techniques to ensure the proposed commercial buildings are compatible with the surrounding area and are visually interesting. The applicant has chosen to use architectural features, such as tower elements, stone veneer, tempered glass and natural colors to lessen the impact of the size of the buildings and to make them as visually pleasing as possible. In addition, landscaping is proposed to be planted along the freeway elevation to soften the project's visual impact. A special condition is recommended to enhance landscaping on the adjacent Caltrans SR -23 right -of -way. Building Height: A Conditional Use Permit is required for buildings over thirty -five feet (35') in height (below the roof line) in the CPD zone. In this case, the architect has proposed the Warehouse Discount Center building to have a main parapet height of thirty -four feet (34'), with architectural elements that extend to approximately forty feet (401) in height below the roof line, capped with a hip roof that takes the total height to just under forty -five feet (451). These elements are of an appropriate scale for the size of the building and they do not increase the usable floor area. Findings are provided for Planning Commission consideration to recommend approval of the Conditional Use Permit for building height. Findings Commercial Planned Development Permit No 2004 -03: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping is consistent with the provisions of the General Plan, any applicable Specific Plans, zoning ordinance and any other applicable regulations if amended by General Plan Amendment No. 2004 -04 and in that the site design is consistent with modern development techniques, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed.. B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the proposed commercial buildings 0() C'1� -'� C11 V� �.Y� Honorable Planning Commission June 28, 2005 Page 8 provides sufficient parking and loading spaces on site and is situated in an area planned for commercial uses. C. The proposed uses are compatible with existing and permitted uses in the surrounding area, in that the proposed commercial building is consistent with other similar projects approved within the city. Conditional Use Permit No. 2005 -04 A. The proposed use, with tower elements over thirty -five feet (35') in height, as conditioned, is consistent with the provisions of the City's General Plan, Zoning Ordinance, and any other applicable regulations, if amended by General Plan Amendment No. 2004 -04. B. The proposed use, with tower elements over thirty -five feet (35') in height, is compatible with both existing and permitted land uses in the surrounding area in that properties on the west side of the SR -23 freeway on Los Angeles Avenue are developed with both retail and distribution uses. C. The proposed use, with tower elements over thirty -five feet (35') in height, is compatible with the scale, visual character, and design of the surrounding properties; in that the commercial center has been designed on a vacant building pad intended for a development of this scale and is consistent with the architecture of other shopping centers in the area. D. The proposed use, with tower elements over thirty -five feet (35') in height, will not be obnoxious or harmful, or impair the utility of the neighboring properties or uses, in that the project design is consistent with other commercial projects approved in the city. E. The proposed use, with tower elements over thirty -five feet (35') in height, will not be detrimental to the public health, safety, convenience, or welfare, in that the commercial center is proposed on an existing building pad that is relatively isolated on the east side of the SR -23 freeway. 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). Because this project involves the consideration of a General Plan Amendment, these time limits do not apply. Honorable Planning Commission June 28, 2005 Page 9 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 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 all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report. No further analysis pursuant to the California Environmental Quality Act is required. 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 General Plan Amendment 2004- 04, Commercial Planned Development Permit No. 2004 -03, and Conditional Use Permit 2005 -04. Honorable Planning Commission June 28, 2005 Page 10 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits Site Plan Floor Plan Buildings A and B Exterior Elevations Buildings A and B Preliminary Landscape Plan 4. Initial Study 5. Draft PC Resolution with Conditions of Approval 0 t� Ca T 1000' RADIUS MAP NORTH G PA 2004 -04, C P D 2004 -03, CUP 2005 -04 PC ATTACHMENT ■l VAIN 0 rA \Powerhouse\f\DRAWINGS\Buildngs\Warehouse Discount Center \CAD\SD \PD- 1A-1 vvj 5 ()62 2.d�vg, 6/23/2005 9:50:53 AN! %\ A- t 4�4 Fr r L it ow V� ,I' T 17 C IT j Ij FAF r F" ZI S I T E P L A N (SEE CIVIL PLANS FOR GRADES, ELEV'S., AND DRAINAGE) CONC. CURB SECTION 4 PARTIAL TRASH ENCLOSURE DETAIL VICINITY -MAP SITE PC ATTACHME T 31: SITE STATISTICS/MAP LEGEND d Ir TITLE BLOCK/INDEX zzr-__ SIR— fiff L 0 T U P R EL au L 0 T STATE Roure 118 LEGEND Z EA_SEMEIVrS ZOWNC =:2-, _LARIHKRK ENGINEERING SITE PLAN WAREHOUSE DISCOUNT CENTER REV,VD —' 51/EE) I 17-111 L� XNE 2W5 L 0 T C L 0 T C X, PARCEL—V9 I a` f fiff L 0 T U P R EL au L 0 T STATE Roure 118 LEGEND Z EA_SEMEIVrS ZOWNC =:2-, _LARIHKRK ENGINEERING SITE PLAN WAREHOUSE DISCOUNT CENTER REV,VD —' 51/EE) I 17-111 L� XNE 2W5 \\ Powerhouse \f \DRAWINGS \Buildngs \Warehouse Discount Center \CAD \SD \PD- 2A _lw_050607.dwg, 6/23/2005 9:50:20 AM Y� u ZPC CL Y 4 CL a W 0 U - (j) 2 O c O 00 y _ _ � O H < 3 W L 'LOOK PLAN BUILDING A � 03 -Otl6 GG ��• 05 -16 -2004 '.. PD -2A \\ Powerhouse \f \DRAWINGS \Buildngs \Warehouse Discount Center \CAD \SD \PD- 2B_lw_050622.dwg, 6/23/2005 9:50:00 AM A�jB�UI_L -0DING 'B' FLOOR PLAN uaatr � F� \\ Powerhouse \f \DRAWINGS \Buildngs \Warehouse Discount Center \CAD \SD \PD- 4A_lw_050607.dwg, 6/23/2005 9:51:40 AM EXTEHIUH FIN15HE5 ="we" =5,x+ - '<.o. �: w.i�•`•u"'m s..e �c�....w...au mw raeY.0 xl ;a .c.i.cen wu SOUTH ELEVATION -VK£ t te.t-0 A WEST ELEVATION EAST ELEVATION scut: t te.t -a D NORTH ELEVATION snu: t te.t-0 S TITLE BLOCK /INDEX ', .Yect� may, eria •ice E ems teitsss "P L_K J _ 530 u r� Z 0o W �0 o U c O Q U = m O J ¢ X F- 3 W cc EXTERIOR ELEVATIONS 03 -0860D 09- 16 -200n T<at- Pj D_4A I ...................................... ................................... ............ .............. .............. .......... IN ME INN m m qw " 0 10, Kul va v fo to] lul 0 30 (0 ILLI \\Powerhouse\f \DRAWINGS \Bu i Id ngs\Wa rehouse Discount Center\CAD\SD\PD-4B—lw_050622.dwg, 6/23/2005 9:51:19 AM SOUTH ELEVATION EXTERIOR FINISHES [aj U. ml 1-j NORTH ELEVATION TITLE BLOCK/INDEX NfWmVe rpl "K 0 To (j) 2 :k o :5 w 0(c) _j cr 0 a W cc EXTERIOR ELEVATIONS (PETAL! 03-UW00 09 1-2UU4 PD-4B p —� NVId 3dV3SGNVl Ativwtwl3ud a DD c mr Oo M o Cf) 00 U d I emm"m v, 9Z J0© ,5 k F a � ^_E R tid o _ tic ------- - - - - -- ------------------------------ - - - - -- MATCNLINE SEE PL -1 _ 3 - -i... i� S c Wym Lantlecepe ArcnAecls. Inc of e', ;r•V I � � f I I�;� RETAIL HOME SHOPPING I1i11 A Retail Center in Moorpark $ mS fill i N rfff WAREHOUSE DISCOUNT CENTER Project Title: Warehouse Discount Center W'are #reuse Discount Center CPD 2004 -03� CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Case No.: CPD 2004 -03 and GPA 2004 -04 Contact Person and Phone No.: David Bobardt (805) 517 -6281 Name of Applicant: Brian Poliquin Address and Phone No.: 6400 Canoga Ave., Suite 215 Woodland Hills, CA 91367 (818) 313 -6813 Project Location: North side of New Los Angeles Avenuei'White Sage Road, immediately east of the SR 23 Freeway General Plan Designation: General Commercial (C -2) Zoning: Commercial Planned Development (CPD) Project Description: Multi- tenant retail center with a 115,000 sq. ft. single tenant building and a 17,000 sq. ft. one -story retail building on a 8.15 -acre site and a General Plan Amendment that would allow distribution and warehousing in the City's designated general commercial land use area. Surrounding Land Uses and Setting: North: Open Space, Arroyo Simi South: Open Space and Manufacturing, Open Space and Special Devices Inc. East: Open Space, Arroyo Simi and Open Space West: Open Space and Freeway, Open Space and SR 23 Responsible and Trustee Agencies: City of Moorpark ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a Potentially Significant Impact" or "Less Than Significant With Mitigation, " as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards and Hazardous Materials Mineral Resources Public Services Utilities /Service Systems Agricultural Resources Cultural Resources Hydrology/Water Quality Noise Recreation Mandatory Findings of Significance PC ATTACHMENT 4 1 Air Quality Geology /Soils Land Use /Planning Population /Housing Transportation /Traffic X None 0() (-)1c Warehouse Discount Center CPD 2004 -03. DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, all potentially significant effects have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT pursuant to the applicable standards. I further find that all significant effects have been avoided or mitigated pursuant to that ENVIRONMENTAL IMPACT REPORT, including by means of revisions or mitigation measures imposed upon the proposed project. No further analysis pursuant to the California Environmental Quality Act is required. Prepared by: Jared Rosengren Reviewed by: David A. Bobardt Date: June 13, 2005 Date: June 13, 2005 Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? x 2) Substantially damage scenic resources, including, but x not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or x quality of the site and its surroundings? 4) Create a new source of substantial light or glare which x would adversely affect day or nighttime views in the area? Response: The existing visual quality of the site will change with the development of this project, primarily from SR -23 northbound and southbound lanes. Normal commercial light sources will not have a significant impact on the area and will be evaluated and be consistent with the City's lighting ordinance. Architecture and landscaping will be evaluated for consistency with City standards. These effects were adequately addressed in the previous EIR. Sources: Project Application September 22, 2004, General Plan Land Use Element (1992), Final Environmental Impact Report Special Devices Incorporated (1996) Mitigation: None Required B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland x of Statewide Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a x Williamson Act contract? 3) Involve other changes in the existing environment which, x due to their location or nature, could result in conversion of Farmland, to non - agricultural use? Response: The subject site is not located within prime farmland and is zoned for commercial use, is currently rough graded and The Ventura County Important Farmland Map classifies the site as "Urban and Built -Up" land. Sources: California Dep't of Conservation: Ventura County Important Farmland Map (2000) Mitigation: None required Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the X applicable air quality plan? 2) Violate any air quality standard or contribute X substantially to an existing or projected air quality violation? 3) Result in a cumulatively considerable net increase of X any criteria pollutant for which the project region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number X of people? Response: As a standard requirement, the applicant is required to pay a Transportation System Management contribution to help promote clean air programs. Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (2003), URBEMIS 2002 Mitigation: None required D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? 4 ® () C�1G 6) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat Warehouse Discount Center CPD 2004-03). Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact x cunseivauun plan Response: This area prior to grading was not identified as being an area having significant flora or fauna. Sources: Project Application September 22, 2004, California Department of Fish and Game: Natural Diversity Data Base - Moorpark and Simi Valley Quad Sheets (1993), Environmental Impact Report Special Devices Incorporated (1996) Mitigation: None required E. CULTURAL RESOURCES — Would the project: 1) Cause a substantial adverse change in the significance x of a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of x an archaeological resource pursuant to §15064.5? 3) Directly or indirectly destroy a unique paleontological x resource or site or unique geologic feature? 4) Disturb any human remains, including those interred x outside of formal cemeteries? Response: There are no known or expected cultural resources on the project site. Sources: Environmental Impact Report Special Devices Incorporated (1996) Mitigation: None required F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving: i) Rupture of a known earthquake fault, as delineated on the x most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? x iii) Seismic - related ground failure, including liquefaction? x iv) Landslides? x 2) Result in substantial soil erosion or the loss of topsoil? x 3) Be located on a geologic unit or soil that is unstable, or x Less Than Potentially Significant Significant With Impact Mitigation that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 41 Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? 5) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Varehouse Discount Center CPD 2004 -03. Less Than Significant No Impact Impact X X Response: Standard conditions of approval have been placed on the project by the City Engineer to address geologic and soil conditions. The applicant is required comply with the recommendations the geotechnical report prepared for the site area. Sources: Project Application September 22, 2004, General Plan Safety Element (2001), Environmental Impact Report Special Devices Incorporated (1996) Mitigation: None required G. HAZARDS AND HAZARDOUS MATERIALS — Would the project: 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 6) For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? 7) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? 8) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No impact mitigation Response: No hazardous material have been identified on the site. Sources: Project Application (9/22/04), General Plan Safety Element (2001) Mitigation: None required. H. HYDROLOGY AND WATER QUALITY — Would the project: 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures X which would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? ii) inundation by seiche, tsunami, or mudflow? X Response: Standard conditions of approval are included to adequately address water quality and hydrology issues. Sources: Project Application September 22, 2004, General Plan Safety Element (2001), Environmental Impact Report Special Devices Incorporated (1996) Mitigation: None required. 117-11 7 Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? X 2) Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 3) Conflict with any applicable habitat conservation plan or X natural community conservation plan? Response: The proposed project would be inconsistent with the current General Plan and Zoning designations on the property, however the Industrial Planned Development and General Plan Amendment Application were filed concurrently, and are internally consistent and, if approved, will not conflict with any other plans and will be consistent with the goals and policies of the General Plan. Sources: Project Application September 22, 2004, General Plan Land Use Element (1992) Mitigation: None Required J. MINERAL RESOURCES — Would the project: 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally- important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: There are no known mineral resources on site Sources: Project Application September 22, 2004, General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required K. NOISE — Would the project result in: 1) Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive X groundborne vibration or groundborne noise levels? 3) A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the project? 4) A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? ,0C ;17 e 0 Response: Standard conditions of approval have been placed on the project to adequately address any potential noise issues. Outdoor equipment must comply with the City's noise standards. Construction activity hours are limited and construction is not allowed on Sundays. Additionally, construction activities such as requiring staging areas, regulating haul routes and other requirements to limit noise activities are required. Sources: Project Application September 22, 2004, General Plan Noise Element (1998) Mitigation: None required L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: The project site has been rough graded. No homes have been on the property in the past. Sources: Project Application September 22, 2004, Environmental Impact Report, Special Devices Inc. (August 96') Mitigation: None required M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? 9 X X X X Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 5) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 6) For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? Response: Standard conditions of approval have been placed on the project to adequately address any potential noise issues. Outdoor equipment must comply with the City's noise standards. Construction activity hours are limited and construction is not allowed on Sundays. Additionally, construction activities such as requiring staging areas, regulating haul routes and other requirements to limit noise activities are required. Sources: Project Application September 22, 2004, General Plan Noise Element (1998) Mitigation: None required L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response: The project site has been rough graded. No homes have been on the property in the past. Sources: Project Application September 22, 2004, Environmental Impact Report, Special Devices Inc. (August 96') Mitigation: None required M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? 9 X X X X Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Parks? X Other public facilities? X Response: Conditions of approval and Development fees are collected by agencies in order to alleviate potential adverse impacts on public services. The applicant is required to obtain approvals of the Fire Protection District, Waterworks District No. 1 and other applicable agencies prior to obtaining a building permit. Sources: Project Application September 22, 2004, General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: A standard condition is to provide a contribution to the City's recreational and parks program. Sources: Project Application September 22, 2004, General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None Required O. TRANSPORTATION /TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? 4) Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity? X Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No 7) Conflict with adopted policies, plans, or programs Impact Mitigation Impact Impact supporting alternative transportation (e.g.. bus turnouts, X bicycle racks)? Response: The proposed project will not reduce the level of service (LOS) of intersections in the area. Adequate parking will be provided on site. Sources: Project Application September 22, 2004, General Plan Circulation Element (1992), Traffic Study prepared by Overland Traffic Consultants (May 2004) Mitigation. None required P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's solid waste disposal needs? 7) Comply with federal, state, and local statutes and X regulations related to solid waste? Response: The project is required to enter into agreements and provide adequate utility and service systems prior to the issuance of a building permit for construction. Sources: Project Application September 22, 2004, Ventura County Watershed Protection District: Technical Guidance Manual for Stormwater Quality Control Measures (2002) Mitigation: None Required Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality X 11 ���I. t of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Warehouse Discount Center CPD 2004 -03. Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X Response: The site has been rough graded and is planned for a commercial development. There are no endangered plants or animals known on the site. As a part of development, the property will be required to provide at least ten (10) percent of the site as landscaping. Sources: Project Application September 22, 2004, Environmental Impact Report Special Devices Inc. (1996) Earlier Environmental Documents Used in the Preparation of this Initial Study Final Environmental Impact Report, Special Devices Incorporated, August 1996, State Clearinghouse No. 95071057 Additional Project References Used to Prepare This Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. Items used are referred to by number in the Response Section of the Initial Study Checklist. Environmental Information Form application and materials submitted on September 22, 2004. 2. Comments received from (departments) in response to the Community Development Department's request for comments. 3. The City of Moorpark's General Plan, as amended. 4. The Moorpark Municipal Code, as amended. 5. The City of Moorpark Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by Resolution No. 92 -872 12 00611111C Warehouse Discount Center CPD 2004 -03. 6. Public Resources Code Section 21000 et. seq. and California Code of Regulations, Title 14 Section 15000 et. seq. Ventura County Air Quality Assessment Guidelines, November 14, 2000. Q()Gj I a 13 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004 -04, COMMERCIAL PLANNED DEVELOPMENT NO. 2004 -03 AND CONDITIONAL USE PERMIT NO. 2005 -04 ON A 8.15 ACRE PARCEL, LOCATED NORTH SIDE OF NEW LOS ANGELES AVENUE /WHITE SAGE ROAD, IMMEDIATELY EAST OF THE SR -23 FREEWAY, ON THE APPLICATION OF BRIAN POLIQUIN WHEREAS, at a duly noticed public hearing on June 28, 2005, the Planning Commission considered General Plan Amendment No. 2004 -04, Commercial Planned Development No. 2004 -03 and Conditional Use Permit No. 2005 -04 on the application of Brian Poliquin for a one -story (with mezzanine level) 115,000 sq. ft. appliance store with distribution and warehousing, with architectural elements over thirty -five feet in height, and a 17,000 sq. ft. one -story furniture store, located at on the north side of New Los Angeles Avenue /White Sage Road, immediately east of the SR -23 Freeway; and WHEREAS, the Environmental Impact Report prepared for the Special Devices Incorporated project (SCH No. 1995071057) has adequately analyzed all potential impacts of the project proposed under General Plan Amendment No. 2004 -04, Commercial Planned Development No. 2004 -03, and Conditional Use Permit No. 2005 -04; and WHEREAS, at its meeting of June 28, 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN AMENDMENT RECOMMENDATION: The Planning Commission recommends to the City Council approval of General Plan Amendment No. 2004 -04 with the Land Use Category for General Commercial in Section 5.1 of the Land Use Element (Page 25) amended to read as follows: C -2 - General Commercial (0.25 FAR) \ \mor_pri_sery \city Share \Community Development \DEV PMTS \C P D \2004 -03 Warehouse Discount Ctr \Reso \PC Resolution for Warehouse Discount Center.doc PC ATTACHMENT 5 00ff ��'�f Resolution No. PC -2005- Page 2 This designation provides for commercial uses with a wide range of retail and service activities (6 -20 acres). Intended uses include community shopping centers, department stores, furniture and appliance stores, restaurants, automotive uses, office and professional services, and business support services. This designation encourages the grouping of commercial outlets into consolidated centers with direct access to major roads, arterials and /or freeways. Sites greater than eight (8) acres that are adjacent to both a freeway interchange and an arterial roadway as identified in the Circulation Element and that are not adjacent to planned residential uses may be developed with retail furniture or appliance stores with attached distribution /warehouse facilities at a maximum 0.38 FAR when all other standards of the Zoning Ordinance are met. SECTION 2. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040C: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors and landscaping is consistent with the provisions of the General Plan, any applicable Specific Plans, zoning ordinance and any other applicable regulations if amended by General Plan Amendment No. 2004 -04 and in that the site design is consistent with modern development techniques, and the development will utilize high quality architectural materials and treatments to enhance the visual appeal of the structures to be constructed. B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area, in that the proposed commercial buildings provides sufficient parking and loading spaces on site and is situated in an area planned for commercial uses. C. The proposed uses are compatible with existing and permitted uses in the surrounding area, in that the proposed commercial building is consistent with other similar projects approved within the city. SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying Resolution No. PC -2005- Page 3 studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030D: A. The proposed use, with tower elements over thirty -five feet (351) in height, as conditioned, is consistent with the provisions of the City's General Plan, Zoning Ordinance, and any other applicable regulations, if amended by General Plan Amendment No. 2004 -04. B. The proposed use, with tower elements over thirty -five feet (35') in height, is compatible with both existing and permitted land uses in the surrounding area in that properties on the west side of the SR -23 freeway on Los Angeles Avenue are developed with both retail and distribution uses. C. The proposed use, with tower elements over thirty -five feet (351) in height, is compatible with the scale, visual character, and design of the surrounding properties; in that the commercial center has been designed on a vacant building pad intended for a development of this scale and is consistent with the architecture of other shopping centers in the area. D. The proposed use, with tower elements over thirty -five feet (351) in height, will not be obnoxious or harmful, or impair the utility of the neighboring properties or uses, in that the project design is consistent with other commercial projects approved in the city. E. The proposed use, (35') in height, health, safety, commercial center that is relativel freeway. with tower elements over thirty -five feet will not be detrimental to the public convenience, or welfare, in that the is proposed on an existing building pad y isolated on the east side of the SR -23 SECTION 4. RECOMMENDATION ON COMMERCIAL PLANNED DEVELOPMENT AND CONDITIONAL USE PERMIT: The Planning Commission recommends to the City Council approval of Commercial Planned Development Permit No. 2004 -03 and Conditional Use Permit No. 2005 -04 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this Resolution No. PC -2005- Page 4 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 28th day of June, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval Resolution No. PC -2005- Page 5 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2004 -03 SPECIAL CONDITIONS 1. The applicant shall work with the City, SDI and Caltrans to provide enhanced landscaping on adjacent slopes to the west and south of the project site within the Caltrans SR -23 right -of -way and along New Los Angeles Avenue. Prior to the issuance of a building permit, a landscape plan shall be provided to the satisfaction of the Community Development Director that provides landscaping in this area that is compatible with site landscaping. The landscape plan shall also make provisions for the location for a City entry sign. A landscape maintenance plan shall be included as part of this plan. 2. No pylon signs shall be permitted on this site. STANDARD CONDITIONS A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement /Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 2. This planned development permit shall expire one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his /her discretion, grant up to two (2) additional one -year extensions for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least Resolution No. PC -2005- Page 6 thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 3. The Conditions of Approval of this entitlement and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map and /or plans. 4. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 5. All mitigation measures required as part of an approved Mitigation Monitoring Report and Program (MMRP) for this project are hereby adopted and included as requirements of this entitlement. Where conflict or duplication between the MMRP and the Conditions of Approval occurs the Community Development Director shall determine compliance. 6. If any archeological or historical finds are uncovered during grading or excavation operations, all grading or excavation shall cease in the immediate area and the find shall be left untouched. The applicant shall assure the preservation of the site and immediately contact the Community Development Director informing the Director of the find. The applicant shall be required to obtain the services of a qualified paleontologist or archeologist, whichever is appropriate to recommend disposition of the site. The paleontologist or archeologist selected shall be approved by the Community Development Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 7. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should OP(A�-, Resolution No. PC -2005- Page 7 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. 8. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 10. Entitlement Processing: Prior to the issuance of any Zoning Clearance, entitlement, building permit, grading permit, or advanced grading permit the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment shall be made within sixty (60) calendar days of approval of this entitlement. 11. Condition Compliance: Prior to the issuance of any Zoning Clearance, building permit, grading permit, or advanced grading permit, the applicant shall submit to the Community Development Department the Condition Compliance review deposit. 00CILS I. Resolution No. PC -2005- Page 8 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 building and public improvement plan checks and permits. Unless specifically exempted by City Council, the applicant is subject to all fees imposed by the City as of the issuance of the first permit for construction and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. 13. Parks: Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department Park and Recreation Fees of $0.50 per square foot of building area. 14. Tree and Landscape: Prior to or concurrently with the issuance of a building permit the Tree and Landscape Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Tree and Landscape Fee requirements in effect at the time of building permit application. 15. Fire Protection Facilities: Prior to or concurrently with the issuance of a building permit, current Fire Protection Facilities Fees shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Fire Protection Facilities Fee requirements in effect at the time of building permit application. 16. Library Facilities: Prior to or concurrently with the issuance of a building permit the Library Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Library Facilities Fee requirements in effect at the time of building permit application. 17. Police Facilities: Prior to or concurrently with the issuance of a building permit the Police Facilities Fee shall be paid to the Building and Safety Division. The fee shall be paid in accordance with City Council adopted Police Facilities Fee requirements in effect at the time of building permit application. 18. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Resolution No. PC -2005- Page 9 established Moorpark Traffic Systems Management (TSM) Fee for the approved development consistent with adopted City policy for calculating such fee. 19. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department a fair -share contribution for intersection improvements relating to the project. The level of fair -share participation will be to the satisfaction of the City Engineer based on the traffic report prepared for the project and the extent of the impact to these intersections. 20. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit, the applicant shall submit to the Community Development Department the Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential projects, or by use for commercial and industrial projects, based upon the effective date of approval of the entitlement. Commencing on the first of the year of this approval, and annually thereafter, the fee 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. 21. Area of Contribution: Prior to the issuance of a Zoning Clearance for each building permit, the applicant shall pay to the Community Development Department the Area of Contribution (AOC) Fee for the area in which the project is located. The fee shall be paid in accordance with City Council adopted AOC fee requirements in effect at the time of building permit application. 22. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a building permit, whichever occurs first the applicant shall pay to the Community Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 23. Schools: Prior to issuance of building permits for each building, the applicant shall provide written proof to the Community Development Department that all legally mandated school impact fees applicable at the time of issuance of a ® �'IL �' Resolution No. PC -2005- Page 10 building permit have been paid to the Moorpark Unified School District. 24. Art in Public Places: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall contribute to the Art in Public Places Fund in the amount of $0.10 per each square foot of building area, to be submitted to the Community Development Department. If the applicant is required to provide a public art project on or off -site in lieu of contributing to the Art in Public Places Fund the art work shall have a value corresponding to or greater than the contribution, and shall be constructed prior to Final Occupancy of the first building. All art shall require approval by the Arts Committee prior to construction. 25. Electronic Conversion: In accordance with City policy, the applicant shall submit to the Community Development Department, City Engineer and the Building and Safety Division the City's electronic image conversion fee for entitlement /condition compliance documents; Final Map/ engineering improvement plans /permit documents; and building plans /permit documents, respectively. 26. Fish and Game: Within two (2) business days after the City Council adoption of a resolution approving this project, the applicant shall submit to the City of Moorpark two separate checks for Negative Declaration or Environmental Impact Report, and Administrative Fee, both made payable to the County of Ventura, in compliance with Assembly Bill 3158 for the management and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources Code Section 21089, and Fish and Game Code Section 711.4, the project is not operative, vested or final until the filing fees are paid. 27. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department citywide Storm Drain Discharge Maintenance Fee. The fee shall be paid in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. Resolution No. PC -2005- Page 11 B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 28. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Community Development Director for review and approval. The Master Sign Program shall be designed to provide comprehensive on -site sign arrangement and design consistent with the commercial /industrial center architecture and the City's Sign Ordinance requirements. 29. For all flat roofed portions of buildings, a minimum eighteen -inch (18 ") parapet wall above the highest point of the flat roof shall be provided on all sides. 30. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. 31. Exterior downspouts shall not be permitted unless designed as an integral part of the overall architecture and approved by the city as part of the planned development permit. 32. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Community Development Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened from view on all four sides and painted to match the roof. All screening shall be maintained for the life of the permit. 33. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Community Development Director may request the submittal of a noise study for review and approval. The noise study would need to show that the current project attenuates all on -site noise generation sources to the required level or provide recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. Resolution No. PC -2005- Page 12 34. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, shall be architecturally screened from view with masonry wall and /or landscaping as determined by the Community Development Director. 35. A utility room with common access to house all meters and the roof access ladder shall be provided unless an alternative is approved by the Community Development Director. 36. No exterior access ladders of any kind to the roof shall be permitted. 37. Parking areas shall be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 38. Prior to any re- striping of the parking area a Zoning Clearance shall be required. All disabled parking spaces and paths of travel shall be re- striped and maintained in their original approved locations unless new locations are approved by the Community Development Director. 39. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 40. The Building Plans shall be in substantial conformance to the plans approved under this entitlement and shall specifically reflect the following: a. Transformer and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1) shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Community Development Director. b. Bicycle racks or storage facilities, in quantities as required by the Community Development Director. Resolution No. PC -2005- Page 13 C. Required loading areas with 45 -foot turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle and as required by the Community Development Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. d. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Community Development Director. e. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. f. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins shall use impermeable pavement, be designed to have a cover and so that no other area drains into it, The trash areas and recycling bins shall be depicted on the final construction plans, the size of which shall be approved by the Community Development Director, City Engineer and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas shall be connected to the sewer system, and are subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. 41. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the applicant shall install U.S. Postal Service approved mailboxes in accordance with the requirements of the local Postmaster. 42. Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) shall only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by' the Director shall be consistent with the Resolution No. PC -2005- Page 14 approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. 43. When required by Title 15 of the Moorpark Municipal Code, rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer. OPERATIONAL REQUIREMENTS 44. Loading and unloading operations are allowed only between the hours of 6:00 a.m. and 10:00 p.m. unless additional hours are approved by the City Council. 45. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Community Development Director and consistent with applicable Zoning Code provisions. 46. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he /she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Modification to the entitlement. 47. The applicant agrees not to protest the formation of an underground Utility Assessment District. 48. The continued maintenance of the subject site and facilities shall be subject to periodic inspection by the City. The Applicant and his /her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days from written notification. 49. No noxious odors shall be generated from any use on the subject site. 50. The applicant and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Community Development Director. Should continued compliance with these Conditions of Approval not be met the Community Development Director may declare the project to be out of compliance, or the Director may declare, for some other 0 0 "1 Resolution No. PC -2005- Page 15 just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.080) . Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of any of the buildings, the applicant shall request that the City Council approve a resolution to enforce Vehicle Codes on the subject property as permitted by the Vehicle Code. 51. Prior to or concurrently with the issuance of a Zoning Clearance for a grading permit, the applicant shall submit the construction phasing plan for approval by the Community Development Director and City Engineer. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. 52. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Community Development Director for review and approval. The Plan shall include a designated building manager, who is responsible for initiating on -site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 53. The building manager or designee shall be required to conduct a routine on -site waste management education program to educating and alerting employees and /or residents to any new developments or requirements for solid waste management. This condition shall be coordinated through the City's Solid Waste Management staff. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 54. Prior to the issuance of a Zoning Clearance for building permits the applicant shall submit to the Community Development Director for review and approval, with the O C1 L` Resolution No. PC -2005- Page 16 required deposit, three full sets of Landscaping and Irrigation Plans prepared by a licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls shall be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan shall maintain proper vehicle sight distances subject to the review of the City Engineer, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer, and approval by the Community Development Director prior to issuance of a Zoning Clearance for building permit, is required. 55. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, shall be submitted to the Community Development Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, shall be in conformance with the Moorpark Municipal Code. 56. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping constructed as a requirement of the project, whether said parkway landscaping is within the street right -of -way or outside of the street right -of -way. Any parkway landscaping outside of the street right -of -way shall be within a landscape easement. 57. All required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 58. Tree pruning, consisting of trimming to limit the height and /or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited and will be considered a violation of the Conditions of Approval. 59. When available, use of reclaimed water shall be required for landscape areas subject to the approval of the Resolution No. PC -2005- Page 17 Community Development Director, the City Engineer and Ventura County Waterworks District No. 1. 60. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the Community Development Director and City Engineer for review and approval prior to the issuance of a building permit. 61. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 62. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot boundaries shall be in place, unless an alternative installation is approved by the Community Development Director. C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 63. Grading, drainage and improvement plans and supporting reports and calculations shall be prepared in conformance with the "Land Development Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by BNI (except for signs, traffic signals and appurtenances thereto; for signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation) ; "Engineering Policies and Standards" of the City of Moorpark, "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed Resolution No. PC -2005- Page 18 above, the criteria that provide the higher lever of quality and safety shall prevail. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project shall be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer. 64. The applicant and /or property owner shall provide verification to the City Engineer that all on -site storm drains have been cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. The City Engineer may require additional cleaning depending upon site and weather conditions. 65. All paved surfaces; including, but not limited to, the parking area and aisles, drive - through lanes, on -site walkways shall be maintained free of litter /debris. Walkways, parking areas and aisles and drive - through lanes shall be swept, washed or vacuumed regularly. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 66. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans 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.) 67. Prior to any work being conducted within any State, County, or City right of way, the applicant shall obtain all necessary encroachment permits from the appropriate agencies and provide copies of these approved permits and the plans associated with the permits to the City Engineer. 68. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and particulate matter (aerosols /dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. 0 �� �� Resolution No. PC -2005- Page 19 69. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 70. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 71. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 72. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map the applicant shall post sufficient surety, in a form acceptable to the City Engineer, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non -point water discharges, landscaping, fencing, and bridges. Grading and improvements shall be designed, bonded and constructed as a single project. 73. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map, whichever occurs first, the applicant shall provide written proof to the City Engineer that any and all wells that may exist or have existed within the project have been properly sealed or have been destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. PUBLIC AND PRIVATE STREETS 74. Prior to construction of any public improvement the applicant shall submit to the City Engineer, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. Resolution No. PC -2005- Page 20 75. Prior to issuance of the first building permit all existing and proposed utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. DRAINAGE AND HYDROLOGY 76. For a 10 -year frequency storm, local, residential and private streets shall be designed to have one dry travel lane available on interior residential streets. Collector streets shall be designed to have a minimum of one dry travel lane in each direction. 77. Drainage and improvement plans shall be designed so that after - development, drainage to adjacent parcels would not be increased above pre - development drainage quantities for any stormwater model between and including the 10 -year and 100 -year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project shall be in type, kind and nature of predevelopment flows unless the affected upstream and /or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows shall be provided to the satisfaction of the City Engineer. The applicant shall make any on -site and downstream improvements, required by the City, to support the proposed development. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) 78. The applicant shall submit to the City Engineer a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002. The Plans shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended Best Management Practice (BMP) to effectively prohibit the entry of pollutants from the construction site into the storm drain system streets and water courses. The Plans shall be implemented as part of the grading, improvements and development of the project. 79. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Resolution No. PC -2005- Page 21 Board, Stormwater Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of permit application. The improvement plans and grading plans shall contain the WDID number for the project. 80. Prior to the starting of grading or any ground disturbance the applicant shall identify a qualified superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practice. The NPDES superintendent shall provide proof of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practice. In addition, an NPDES superintendent shall be designated to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. MAINTENANCE 81. Unless otherwise stipulated in the Special Conditions of Approval, any median landscaping constructed by the project shall be maintained by the City. An Assessment District shall be formed to fund the City maintenance costs for any such median landscaping. 82. Unless otherwise stipulated in the Special Conditions of Approval, parkway landscaping shall be maintained by a Home Owners' Association, a Property Owners' Association or by the property owner [collectively herein "Private Responsible Party "] . In such case, any required landscape easements, shall be conveyed to the Private Responsible Party. 83. Unless otherwise stipulated in the Special Conditions of Approval, all required on -site drainage improvements and /or stormwater quality [ NPDES] features or facilities shall be maintained by the Private Responsible Party. Resolution No. PC -2005- Page 22 84. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping and /or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscaping and /or drainage improvements shall be conveyed to the City in easements for such purposes. 85. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 86. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District "] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back - Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 87. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the applicant shall be required to undertake and complete the following: a. At least one - hundred - twenty (120) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first: Resolution No. PC -2005- Page 23 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: 88. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter" for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 89. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. Resolution No. PC -2005- Page 24 90. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 91. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. Once combustible construction starts a minimum twenty -foot (201) clear width access road /driveway shall remain free of obstruction during any construction activities within the development. All access roads /driveways shall have a minimum vertical clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning radius of forty feet (40'). 92. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not exceed a five percent cross slope in any direction and shall be located within one - hundred -fifty feet (150') of the end of the access road /driveway. 93. The access road /driveway shall be extended to within one - hundred -fifty feet (150') of all portions of the exterior wall of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 94. When only one (1) access point is provided, the maximum length shall not exceed eight- hundred feet (8001). 95. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 4. __ Resolution No. PC -2005- Page 25 96. Approved walkways openings to the road /driveway. shall be provided from all building public way or Fire District access 97. Structures exceeding three stories or forty- eight -feet (481) in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy -five- feet (751) in height shall be subject to Fire District high rise building requirements. 98. Structures greater than 5,000 square feet and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 99. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. DEVELOPMENT REQUIREMENTS 100. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 101. Minimum six -inch (6 ") high address numbers shall be installed prior to occupancy, shall be contrasting color to the background, and shall be readily visible at night Brass or gold plated number shall not be used. Where structures are set back more that one - hundred -fifty feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 102. Prior to combustible construction, fire hydrants shall be installed to the minimum standards of the City of Moorpark and the Fire District, and shall be in service. 103. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. Resolution No. PC -2005- Page 26 104. Prior to the issuance of a building permit, building plans for all A, E, H, I, R -1 and R -2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. Prior to issuance of a building permit the applicant shall submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. 105. Prior to occupancy the fire lanes shall be posted "NO PARKING FIRE LANE TOW - AWAY" in accordance with California Vehicle Code and the Fire District. 106. Prior to or concurrently with the issuance of a building permit the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three - hundred feet (3001) 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. 107. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one - hundred or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 108. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code. 109. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 110. Prior to the issuance of a building permit the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 0CC, ZC 1 Resolution No. PC -2005- Page 27 111. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 112. Prior to framing the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 113. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 114. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 115. At the time water service connection is made, cross connection control devices shall be installed on-the water system in a manner approved by the Ventura County Waterworks District No. 1. H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 116. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. Resolution No. PC -2005- Page 28 I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 117. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Community Development Director and the Police Chief, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. SPECIAL CONDITION OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2005 -04 1. The project shall be developed in substantial conformance with the plans approved for Conditional Use Permit No. 2005 -04. The tower elements shall not exceed forty feet (40' ) in height from the adjacent ground to the plate line of the roof structure. - END - ITEM: 8.E. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared By: David A. Bobardt, Planning Mana e y DATE: June 21, 2005 (PC Meeting of 6/28/2005) SUBJECT: Consider General Plan Amendment No. 2004 -05, Zone Change No. 2004 -04, and Residential Planned Development No. 2004 -06 to Allow Construction of 200 Apartments on Approximately 10.57 Acres South of Casey Road and West of Walnut Canyon Road on the Application of Essex Portfolio, L.P. BACKGROUND /DISCUSSION On September 24, 2004, applications for a General Plan Amendment, Zone Change, and Residential Planned Development Permit were submitted by Essex Portfolio, L.P., for the construction of a 200 - unit apartment complex that would take access from Casey Road, just east of the Moorpark Boys and Girls Club Gymnasium. The project also involves a request for a Development Agreement with the City. A City Council Ad -Hoc Committee (Mayor Hunter and Mayor Pro -Tem Harper) was established to discuss the development of the property with the former owner (Moorpark Unified School District) as well as with the present owner (Colmer Development). More recently, the Ad -Hoc Committee and staff have also been discussing development of the property with the applicant, Essex Portfolio, L.P. As a result, the applicant has been making refinements to the design. The applicant was unable to complete plans in time for consideration at this meeting and has requested a continuance of the public hearing. The public hearing for June 28, 2005, had already been advertised in the newspaper and notice mailed to property owners within 1,000 feet of the project site. STAFF RECOMMENDATION Open the public hearing, take public testimony, and continue the item to August 23, 2005, with the public hearing open. \ \mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \2004 -06 Essex Apts.(old high ()()("z06 school) \Agenda Rpts \PC050628 Staff Report.doc