HomeMy WebLinkAboutAG RPTS 2005 0927 PC REGResolution No. PC- 2005 -486
PLANNING COMMISSION
REGULAR MEETING AGENDA
TUESDAY - SEPTEMBER 27, 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:
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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
September 27, 2005
Page No. 2
8. PUBLIC HEARINGS:
(next Resolution No. 2005 -486)
A. Consider General Plan Amendment No. 2004 -05, Zone
Change No. 2004 -04, and Residential Planned
Development No. 2004 -06 to Allow Construction of 200
Apartments on Approximately 10.57 Acres South of Casey
Road and West of Walnut Canyon Road on the Application
of Essex Portfolio, L.P. (Continued from August 23,
2005 meeting) (Staff: David Bobardt)
Staff Recommendation: Take public testimony, and
continue the item with the public hearing still open
to October 25, 2005.
B. Consider General Plan Amendment No. 2004 -06, Zone
Change No. 2004 -05, Tentative Tract Map No. 5576 and
Residential Planned Development No. 2004 -07 to Allow
Construction of 56 Single - Family Homes with Street
Access from Park Lane and Preservation of the
Birkenshaw House for Public Use at 251 Moorpark
Avenue, on the Application of Comstock Homes
(Continued from August 23, 2005 meeting) (Staff: David
Bobardt)
Staff Recommendation: Take public testimony, and
continue the item with the public hearing still open
to October 25, 2005.
C. Consider Conditional Use Permit 2005 -02, to Allow the
On -Site Sale and Consumption of Alcoholic Beverages in
Conjunction With Food Service at a Proposed Restaurant
Within One Hundred Feet (100') of Residentially Zoned
Property, on the South Side of Los Angeles Avenue,
East of Park Lane (Staff: Joseph Fiss)
Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2005- conditionally
approving Conditional Use Permit No. 2005 -02.
D. Consider Commercial Planned Development (CPD) No.
2005 -03 to Allow Construction of a 15,505 Sq. Ft.
Office Building on One -Acre at 145 Park Lane on the
Application of Bob Gehricke (Staff: Joseph Fiss)
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Planning Commission Agenda
September 27, 2005
Page No. 3
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 Commercial
Planned Development Permit No. 2005 -03.
E. Consider Modification No. 1 to Conditional Use Permit
No. 2002 -03 and Modification No. 1 to Conditional Use
Permit No. 2003 -03 to Increase the Size of Two
Microwave Dishes and for Additional Grading for
Construction of a Wireless Communications Facility on
an Existing Southern California Edison High Power
Transmission Tower, Located South of Tierra Rejada
Road on Open Space Area and Southwest of Brookhurst
Court, on the Application of Infranext, Inc. for
Cingular Wireless (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- approving
Modification No. 1 to Conditional Use Permit No. 2002-
03 and Modification No. 1 to Conditional Use Permit
No. 2003 -03, subject to conditions.
F. Consider Development Agreement No. 2004 -02 between the
City of Moorpark and Warehouse Discount Center in
connection with General Plan Amendment No. 2004 -04 and
Commercial Planned Development Permit No. 2004 -03 for
the Property Located on the East Side of SR 23,
Immediately North of New Los Angeles Avenue (Lot 1 of
Tract 5004) (Staff: Barry Hogan)
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 approval of Development Agreement
No. 2004 -02.
9. DISCUSSION ITEMS:
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. October 25, 2005
• RPD 2004 -06 (Essex)
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Planning Commission Agenda
September 27, 2005
Page No. 4
• RPD 2004 -07 (Comstock)
• CPD 2005 -01 (Sheshebor)
• TPM 5647 (Vogel)
• RPD 965 Mod. 1 (R. Westwood)
• RPD 2004 -05; T 5347, GPA 2004 -03; ZC 2004 -03
(Birdsall)
• DA 1998 -02 - 1St Amendment (Pacific Communities)
• ZOA 2004 -03 - Animal Keeping Ordinance
11. ADJOURNMENT:
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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).
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ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Director
Prepared By: David A. Bobardt, Planning Man e
DATE: September 19, 2005 (PC Meeting of 9/27/2005)
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 August 23, 2005, the Planning Commission continued this agenda
item with the public hearing open to September 27, 2005, to allow
the applicant time to make revisions to the project. Staff has
been working with the applicant on further revisions. The
applicant has requested that consideration of this project be
continued to October 25, 2005, to allow time to resolve outstanding
issues.
STAFF RECOMMENDATION
Take public testimony, and continue the item with the public
hearing still open to October 25, 2005.
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ITEM: 8.13.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
Prepared By: David A. Bobardt, Planning Man e
DATE: September 19, 2005 (PC Meeting of 9/27/2005)
SUBJECT: Consider General Plan Amendment No. 2004 -06, Zone Change
No. 2004 -05, Tentative Tract Map No. 5576 and Residential
Planned Development No. 2004 -07 to Allow Construction of
56 Single - Family Homes with Street Access from Park Lane
and Preservation of the Birkenshaw House for Public Use
at 251 Moorpark Avenue, on the Application of Comstock
Homes
BACKGROUND /DISCUSSION
On August 23, 2005, the Planning Commission opened the public
hearing on this agenda item, took testimony, and continued the
matter to September 27, 2005 with the public hearing open. Staff
has received revised plans for the project to address concerns
raised at the Planning Commission meeting, and is working with the
applicant on issues related to the preservation of the Birkenshaw
House. It is expected that additional information and
clarifications from the applicant will come in sufficient time to
allow staff to prepare a recommendation for the October 25, 2005
Planning Commission meeting.
STAFF RECOMMENDATION
Take public testimony, and continue the item with the public
hearing still open to October 25, 2005.
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Rpts \PC050927 Staff Report.doc
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ITEM: 8.C.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Dir o
Prepared by Joseph Fiss, Principal Planne
DATE: September 13, 2005 (PC Meeting of 9/27/05)
SUBJECT: Consider Conditional Use Permit 2005 -02, to Allow the On-
Site Sale and Consumption of Alcoholic Beverages in
Conjunction With Food Service at a Proposed Restaurant
Within One Hundred Feet (1001) of Residentially Zoned
Property, on the South Side of Los Angeles Avenue, East
of Park Lane.
BACKGROUND
On July 20, 2005, the City Council adopted Resolution No. 2005 -2363
approving Commercial Planned Development No. 2004 -02 to allow
construction of an approximately 18,000 square foot retail
commercial shopping center on the South Side of Los Angeles Avenue,
East of Park Lane. The owner is now requesting a Conditional Use
Permit to sell alcoholic beverages for on -site consumption at a
proposed restaurant in the center from the hours of 10:00 a.m. to
midnight, with the exception of Mother's Day and Father's Day, when
service would begin at 9:00 a.m.
DISCUSSION
Project Setting
Existing Site Conditions:
The existing site is a relatively flat, unimproved "L" shaped
parcel which extends from Los Angeles Avenue on the north to Park
Crest Lane on the south. As mentioned above, a small commercial
shopping center, including an approximately 5,400 square foot
restaurant has been approved for construction on this site.
Previous Applications:
Prior to the approved Commercial Planned Development, there have
been no applications previously submitted for this site.
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Agenda Report.doc
Honorable Planning Commission
September 27, 2005
Page 2
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Site
General
Commercial
Commercial
Unimproved,
Approved Shopping
Planned
Development
(C -2)
Center
(CPD)
North
General
Commercial
Commercial
Shopping Center
Planned
Development
(C -2)
(CPD)
Very High
Residential
Density
Residential
Planned
Development
South
Senior Housing
(VH)
(RPD)
East
General
Commercial
Commercial
Unimproved,
Approved Shopping
Planned
Development
(C -2)
Center
(CPD)
West
General
Commercial
Commercial
Commercial
Center /Car Wash/
Planned
Development
(C -2)
Church /Residence
(CPD)
General Plan and Zoning Consistency:
The Zoning Ordinance requires Planning Commission approval of the
Conditional Use Permit for this proposal. The applicant's proposal
is consistent with the CPD (Commercial Planned Development) Zoning
Classification.
The C -2 land use designation in the General Plan is intended to
provide for a wide range of retail and service activities.
Intended uses include community shopping centers, department
stores, restaurants, automotive uses, office and professional
services, and business support services. A sit down restaurant
with a large range of available food and drink is consistent with
this designation.
ANALYSIS
Issues
Staff analysis of the proposed project has identified control of
the service of alcoholic beverages as the primary issue for
Planning Commission consideration in their review of the
Honorable Planning Commission
September 27, 2005
Page 3
Conditional Use Permit application. This Conditional Use Permit
would enhance a new establishment where such uses are traditionally
anticipated, consistent with the land use development pattern of
the City of Moorpark. No floor plan modifications are proposed as
part of this Conditional Use Permit.
Conditions are recommended by staff to address security concerns
associated with the service of alcoholic beverages. These
conditions are consistent with those applied to other restaurants
in Moorpark with alcoholic beverage service. The applicant is
concurrently processing an application with the California
Department of Alcoholic Beverage Control (ABC) for full alcohol
service. The ABC has determined that there is an over - concentration
of alcohol permits in census tract 76.02, where the project is
located. It should be noted that this census tract, which covers
all land north and west of the Arroyo Simi and south of the Union
Pacific Railroad right -of -way, has more commercially -zoned land as
a percentage of its total area than any other census tract in
Moorpark. Therefore, it is expected that there will also be a
higher concentration of alcohol permits in this census tract. In
order for ABC to issue an alcohol license, the applicant must
obtain a conditional use permit, and subsequently the Community
Development Department must issue a letter of "Public Convenience
and Necessity." Given that the primary use is a large, full - service
restaurant contributing to the economic development of the city,
this finding can be made for this license.
Findings
A. The proposed use is consistent with the intent and provisions
of the City's General Plan, Zoning Ordinance, and other
applicable regulations in that the sale of alcoholic beverages
for on -site consumption is an ancillary use to the approved
restaurant, a use consistent with the General Plan and Zoning.
B. The proposed use is compatible with both existing and
permitted land uses in the area in that this is an approved
full service restaurant where sale of alcoholic beverages is
not unexpected.
C. The proposed use is compatible with the scale, visual
character, and design of surrounding development in that the
sale of alcoholic beverages for on -site consumption is an
ancillary use to the approved restaurant and does not require
any modifications to the approved building.
D. The proposed use would not be obnoxious or harmful, or impair
the utility of neighboring property or uses in that conditions
Honorable Planning Commission
September 27, 2005
Page 4
are required to ensure proper control of the sale of alcoholic
beverages for on -site consumption.
E. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or welfare in that
conditions are required to ensure proper control of the sale
of alcoholic beverages for on -site consumption.
F. The use will not result in an over concentration in the area
of establishments selling alcoholic beverages. The proposal
is enhancing a new establishment where such uses are
traditionally anticipated, consistent with the land use
development pattern of the City of Moorpark.
G. The use will serve a public convenience in that the sale of
alcoholic beverages for on -site consumption is an ancillary
use to the restaurant.
H. The use will not create the need for increased police services
in that conditions are required to ensure proper control of
the sale of alcoholic beverages for on -site consumption.
I. The requested use at the proposed location will not adversely
affect the economic welfare of the community.
J. The exterior appearance of the structure will not be
inconsistent with the external appearance of commercial
structures already constructed or under construction on
surrounding properties, or within the immediate neighborhood
so as to cause blight, deterioration or substantially diminish
property values within the neighborhood.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development
projects under the Permit Streamlining Act (Government Code Title
7, Division 1, Chapter 4.5), the Subdivision Map Act (Government
Code Title 7, Division 2), and the California Environmental Quality
Act Statutes and Guidelines (Public Resources Code Division 13, and
California Code of Regulations, Title 14, Chapter 3) . Under the
applicable provisions of these regulations, the following timelines
have been established for action on this project:
Date Application Determined Complete: August 20, 2005
Planning Commission Action Deadline: October 19, 2005
Upon agreement by the City and Applicant, one (1) 90 -day extension
can be granted to the date action must be taken on the application.
Honorable Planning Commission
September 27, 2005
Page 5
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 shopping center that included this restaurant was categorically
exempt from environmental review as an infill project. No further
environmental documentation is required for this Conditional Use
Permit.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2005- conditionally approving
Conditional Use Permit No. 2005 -02.
ATTACHMENTS:
1. Location Map
2. Draft PC Resolution with Conditions of Approval
3. Project Exhibits
A. Site Plan (under separate cover)
B. Floor Plan (under separate cover)
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PC ATTACHMENT 1
RESOLUTION NO. PC -2005-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2005 -02, TO ALLOW THE
ON -SITE SALE AND CONSUMPTION OF ALCOHOLIC
BEVERAGES IN CONJUNCTION WITH FOOD SERVICE AT AN
APPROVED RESTAURANT WITHIN ONE HUNDRED (100) FEET
OF RESIDENTIALLY -ZONED PROPERTY, ON THE SOUTH
SIDE OF LOS ANGELES AVENUE EAST OF PARK LANE
WHEREAS, at a duly noticed public hearing on September 27,
2005, the Planning Commission considered Conditional Use Permit
No. 2005 -02, to allow the on -site sale and consumption of
alcoholic beverages in conjunction with food service at a
proposed restaurant within one - hundred (100) feet of
residentially -zoned property, on the south side of Los Angeles
Avenue east of Park Lane; and
WHEREAS, at its meeting of September 27, 2005 the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against
the proposal; and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community
Development Director's determination that since the shopping
center that included this restaurant was categorically exempt
from environmental review as an infill project, no further
environmental documentation is required for this Conditional Use
Permit.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the Planning
Commission makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.040:
A. The proposed use is consistent
provisions of the City's General
and other applicable regulations
alcoholic beverages for on -site coi
use to the approved restaurant, a
General Plan and Zoning.
with the intent and
Plan, Zoning Ordinance,
in that the sale of
isumption is an ancillary
use consistent with the
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PC ATTACHMENT 2 006,10019
Resolution No. PC -2005-
Page 2
B. The proposed use is compatible with both existing and
permitted land uses in the area in that this is an approved
full service restaurant where sale of alcoholic beverages
is not unexpected.
C. The proposed use is compatible with the scale, visual
character, and design of surrounding development in that
the sale of alcoholic beverages for on -site consumption is
an ancillary use to the approved restaurant and does not
require any modifications to the approved building.
D. The proposed use would not be obnoxious or harmful, or
impair the utility of neighboring property or uses in that
conditions are required to ensure proper control of the
sale of alcoholic beverages for on -site consumption.
E. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or welfare in that
conditions are required to ensure proper control of the
sale of alcoholic beverages for on -site consumption.
F. The use will not result in an over concentration in the
area of establishments selling alcoholic beverages. The
proposal is enhancing a new establishment where such uses
are traditionally anticipated, consistent with the land use
development pattern of the City of Moorpark.
G. The use will serve a public convenience in that the sale of
alcoholic beverages for on -site consumption is an ancillary
use to the restaurant.
H. The use will not create the need for increased police
services in that conditions are required to ensure proper
control of the sale of alcoholic beverages for on -site
consumption.
I. The requested use at the proposed location will not
adversely affect the economic welfare of the community.
J. The exterior appearance of the structure will not be
inconsistent with the external appearance of commercial
structures already constructed or under construction on
surrounding properties, or within the immediate
neighborhood so as to cause blight, deterioration or
substantially diminish property values within the
neighborhood.
SECTION 2. CONDITIONAL USE PERMIT APPROVAL: The Planning
Commission hereby approves Conditional Use Permit No. 2005 -02
subject to the Conditions of Approval included in Exhibit A
Resolution No. PC -2005-
Page 3
(Conditions of Approval), attached hereto and incorporated
herein by reference.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 27th day of September, 2005.
Scott Pozza, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A - Conditions of Approval
Resolution No. PC -2005-
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2005 -02
A. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
1. The applicant's acceptance of this permit and /or
commencement of construction and /or operations under this
permit shall be deemed to be acceptance of all conditions
of this permit.
2. The Conditions of Approval of this permit, City of Moorpark
Municipal Code and adopted City policies at the time of the
permit approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on plans.
3. 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.
4. The applicant shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the permit, which claim, action or proceeding is
brought within the time period provided therefore in
Government Code Section 66499.37. The City will promptly
notify the 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.
Resolution No. PC -2005-
Page 5
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 building permit is
ultimately obtained, or final occupancy is ultimately
granted with respect to the permit.
5. 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.
6. The development shall be in substantial conformance with
the plans presented in conjunction with the application for
Conditional Use Permit No. 2005 -02, except any
modifications as may be required to meet specific Building
Code and Zoning Code standards or other conditions
stipulated herein.
7. All necessary permits shall be obtained from the Building
and Safety Department and all construction shall be in
compliance with the Moorpark Building Code and all other
applicable regulations.
8. Approval of a Zoning Clearance shall be required prior to
the issuance of building permits. All other permit and fee
requirements must be met.
9. Entertainment is not approved as part of this Conditional
Use Permit and shall require approval of a separate permit
for entertainment.
10. Security personnel shall be provided to monitor the parking
area(s) designated for use by customers of the restaurant
during any activity that may require the need for
additional security. The applicant shall work with the
Police Department and Community Development Department
staff to determine which activities shall require
additional security. The owner /manager shall be required to
obtain Temporary Use Permit approval from the City of
Moorpark when a scheduled activity could create a need for
increased police presence. The only exception shall be for
special events held by Moorpark based non - profit groups.
11. The applicant /proprietor shall reimburse the City of
Moorpark for any additional police or other costs incurred
by the City as a result of operations of the restaurant
under a temporary use permit approval, including 15%
overhead on any such services.
061(;0•
Resolution No. PC -2005-
Page 6
12. No person under the age of eighteen (18) shall serve or
package alcoholic beverages.
13. All exterior areas of the site, including parking areas
under use by the restaurant, shall be maintained free of
litter and debris at all times.
14. Conditional Use Permit No. 2005 -02 may be revoked or its
use suspended by the City, if any of the causes listed in
Section 17.44.080.B of the Zoning Code are found to apply,
including if the use for which the permit was granted has
not been exercised for at least twelve (12) consecutive
months, has ceased to exist, or has been abandoned. The
discontinuance for a period of one - hundred - eighty (180) or
more days of a nonconforming use, or a change of
nonconforming use to a conforming use, constitutes
abandonment and termination of the nonconforming status of
the use.
B. POLICE DEPARTMENT CONDITIONS:
15. Sales, service or consumption of alcoholic beverages
allowed by this Conditional Use Permit shall be permitted
only between the hours of 10:00 a.m. and Midnight, with the
exception of Mother's Day and Father's Day, when service is
permitted to begin at 9:00 a.m. The community development
director is authorized to grant approval, with conditions
if necessary, for the sale of alcoholic beverages with a
Sunday brunch, should this be instituted in the future.
16. The facility shall at all times maintain records which
reflect separately the gross sale of food and the gross
sales of alcoholic beverages of the business. Said records
shall be kept no less frequently than on a quarterly basis
and shall be made available within five (5) working days to
the Moorpark Police Department from a request for such
records.
17. Areas inside the establishment open to customers shall be
illuminated sufficiently to allow the identification of
persons.
18. The applicant or his /her designee shall be responsible to
police the exterior of the business to assure that no
alcoholic beverages are consumed within the parking lot.
The applicant shall not permit any loitering in the parking
lot or in areas adjacent to the facility.
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Resolution No. PC -2005-
Page 7
19. Within thirty (30) days upon written notice from the
Moorpark Police Department of a safety or security
problem(s) the permittee shall correct said problem(s).
20. Any and all employees directly involved or supervising the
sale /service of alcoholic beverages shall provide evidence
to the Moorpark Police Department and the business shall
maintain records that employees have:
a. Received training from the State of California
Department of Alcoholic Beverage Control "Leadership
and Education in Alcohol and Drugs" LEAD program in
the form of an ABC- issued certificate.
b. The Owner /Manager shall confirm with the California
Department of Alcoholic Beverage Control within
fifteen (15) days of hire any new employee has been
scheduled with the local (Santa Barbara ABC office) to
attend the LEAD program course. Alternatively, this
course attendance requirement may be met through a
Lead certified agency or company approved by the State
of California.
- End -
ITEM: 8.D.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Dire o
Prepared by Joseph Fiss, Principal Planne
DATE: September 19, 2005 (PC Meeting of 9/27/05)
SUBJECT: Consider Commercial Planned Development (CPD) No. 2005 -03
to Allow Construction of a 15,505 Sq. Ft. Office Building
on One -Acre at 145 Park Lane on the Application of Bob
Gehricke
BACKGROUND
On August 19, 2004, an application for Commercial Planned
Development Permit No. 2005 -03 was submitted for construction of an
office building on a one -acre vacant parcel at 145 Park Lane. The
applicant is proposing 15,505 square feet of floor area, including
a covered patio area.
DISCUSSION
Project Setting
Existing Site Conditions:
The relatively flat parcel, 174.24 feet wide by 250 feet deep, is
improved with a single - family residence. The site fronts on Park
Lane, adjacent to the western terminus of Park Crest Lane, south of
Los Angeles Avenue. The property also has street access from the
easterly terminus of Unidos Avenue. There are nine (9) mature
trees on site.
Previous Applications:
There have been no applications previously submitted for this site.
\ \Mor _pri_sery \City Share \Community Development \DEV PMTS \C P D \2005 \03 The Renaissance 9 Park
Lane \Agenda Rpts \PC Agenda Report 092705.doc 0 ��Q' r . 0 1 C
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Honorable Planning Commission
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Page 2
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Land Use
General
Commercial
Required
Site
Commercial
Planned
Single- family
(1/300)
(C -2)
Development
Dwelling
15,505
52 Spaces
(CPD)
Commercial
General
Planned
North
Commercial
Development
Church
(C -2)
(CPD)
Very High
Residential
South
Density
Planned
Senior Apartments
Residential
Development
(VH)
(RPD)
General
Commercial
Unimproved,
East
Commercial
Planned
Approved for
(C -2)
Development
Shopping Center
(CPD)
_
High Density
Residential
West
Residential
Planned
Single- family
(H)
Development
Residential Tract
(RPD)
General Plan and Zoning Consistency:
The Zoning Ordinance requires City Council approval of Commercial
Planned Development Permit for this project. The applicant's
proposal is allowed in the CPD (Commercial Planned Development)
Zoning Classification. The proposed use is consistent with the
General Commercial (C -2) General Plan designation. Infill
development of this sort furthers the goals of the Zoning Ordinance
and the General Plan.
Project Summary
Planned Development Permit No. 2005 -03:
Site Size
Building
Parking
Parking
Land Use
(sq.ft.)
Floor Area
Required
Provided
(sq. ft.)
(1/300)
Office
43,560
15,505
52 Spaces
52 Spaces
Honorable Planning Commission
September 27, 2005
Page 3
Proposed Project
Architecture:
The architecture of the buildings is traditional, with
Mediterranean /European features and finishes. Consideration in the
design has been given for location of business signs. The multiple
roof pitches and building articulation create visual interest. The
trash enclosure has been designed to complement the building's
architecture.
gPrhArkq
The minimum required front building setback in the CPD zone is set
by the approval of the Commercial Planned Development. The CPD
process allows for flexibility of setbacks, subject to design
criteria. The applicant has proposed a twenty foot (201) setback
from Park Lane, which is appropriate at this location. The
required interior setback for buildings in the CPD Zone adjacent to
residential zones is five feet (51). The applicant is proposing a
ten foot (101) setback on the south side and approximately one -
hundred- twenty foot (1201) setback on the west side. Separation
from residential uses is discussed further in the analysis section
of this report. No building setback is required adjacent to the
commercial site on the north, which is currently occupied by a
church. The building is set back approximately seventy feet (70')
from the northern property line. Parking, a driveway, and
landscaping are proposed to occupy this area.
Circulation:
Main access to the site is through Park Lane, a local street as
designated by the Circulation Element of the General Plan. The
project site also has access to Unidos Avenue, a local street on
the west. However, the proposed project would not use the Unidos
Avenue access for its parking lot. This is discussed further in
the analysis section of this report.
Parking:
The building is proposed to be used in its entirety for general
office purposes. The applicant is providing fifty -two (52) parking
spaces fifty (50) full size spaces and two (2) handicap accessible
spaces), which meets the code required parking ratio of one (1)
space per three- hundred (300) square feet of gross floor area.
Landscaping:
The City has adopted landscape guidelines for commercial
Honorable Planning Commission
September 27, 2005
Page 4
developments. The applicant has proposed a landscape theme
consistent with the guidelines and architecture. The landscape
plan is subject to review by the City's landscape consultant, who
will determine if the number and placement of all plant materials
and irrigation is appropriate. The nine (9) non - native, ornamental
mature trees on site will be removed due to the site planning and
development of the lot. Per the Municipal Code, enhanced
landscaping will be provided on site, equal to the value of the
removed trees, which, per the tree report, is $19,850.00.
Site Improvements and National Pollution Discharge Elimination
Standards Requirements (NPDES):
The City Engineer has conditioned the project to provide for all
necessary on -site and off -site storm drain improvements including
the imposition of National Pollution Discharge Elimination System
(NPDES) requirements. "Passive" Best Management Practices Drainage
Facilities are required to be provided so that surface flows are
intercepted and treated on the surface over biofilters (grassy
swales), infiltration areas and other similar solutions.
Air Quality:
All commercial/ industrial projects are required to off -set air
pollutants consistent with the 2003 Ventura County Air Quality
Assessment Guidelines. Contribution to the Moorpark Traffic System
Management Fund has been identified as a method to meet this
requirement.
P =\\ Ell W&A fti
Issues
Staff analysis of the proposed project has identified the following
areas for Planning Commission consideration in their recommendation
to the City Council:
• Area One - Separation from Residential Uses
• Area Two - Access from Unidos Avenue
Area One: Separation From Residential Uses
The site is located adjacent to the Vintage Crest Senior Apartments
residential uses on the south and the Villa Campesina neighborhood
on the west. The applicant has proposed a ten foot (101) building
setback on the south, double the required five foot (5') minimum
setback. The building is approximately thirty -five feet (351) from
the senior apartments and the proposed development site is
opg �� :�
Honorable Planning Commission
September 27, 2005
Page 5
approximately four (4) to five (5) feet lower. On the west side,
the applicant has provided a setback of approximately one- hundred-
twenty feet (1201) from the adjacent single - family zoning boundary.
Six foot (61) high decorative block walls are proposed on the
northern and western property lines. The sensitive siting of the
building, combined with dense landscaping and good architecture,
minimize potential conflicts between the existing residential and
proposed commercial uses.
Area Two: Access from Unidos Avenue
The applicant does not propose to complete Unidos Avenue through to
Park Lane or provide vehicular access to the parking lot from
Unidos Avenue. Pedestrian access through this site, from Unidos
Avenue to Park Lane would be appropriate to enhance access to the
office building and nearby shopping centers from the Villa
Campesina neighborhood. This would provide an important pedestrian
connection to the proposed commercial shopping centers at Park Lane
and Los Angeles Avenue. A condition of approval is recommended to
require the irrevocable offer of dedication and construction of a
pedestrian access easement from Unidos Avenue to Park Lane, along
the northern boundary of the site.
Findings
Commercial Planned Development Permit Findings:
The following draft findings are provided for Planning Commission
consideration:
A. The site design, including structure location, size, height,
setbacks, massing, scale, architectural style and colors, and
landscaping, is consistent with the provisions of the general
plan, any applicable specific plans, zoning ordinance, and
other applicable regulations in that the proposed project
meets or exceeds the Ordinance requirements for setbacks,
parking, landscaping, and height, and meets or exceeds the
existing General Plan and zoning designation requirements for
the property.
B. The site design would not create negative impacts on or impair
the utility of properties, structures, or uses in the
surrounding area in that the design includes provisions for
adequate access to the site, appropriate setbacks, and an
appropriate use for the site.
C. The proposed use is compatible with existing and permitted
uses in the surrounding area in that the area is planned and
zoned for and developed with commercial uses of similar scale,
the proposed building colors and architecture are designed to
0 '0
Honorable Planning Commission
September 27, 2005
Page 6
complement existing and approved commercial buildings and the
proposed building is located in such a manner so as not to
conflict with the use of the adjacent properties.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development
projects under the Permit Streamlining Act (Government Code Title
7, Division 1, Chapter 4.5), the Subdivision Map Act (Government
Code Title 7, Division 2), and the California Environmental Quality
Act Statutes and Guidelines (Public Resources Code Division 13, and
California Code of Regulations, Title 14, Chapter 3) . Under the
applicable provisions of these regulations, the following timelines
have been established for action on this project:
Date Application Determined Complete: July 27, 2005
Date of Determination of CEQA Exemption: September 19, 2005
City Council Action Deadline: November 18, 2005
Upon agreement by the City and Applicant, one 90 -day extension can
be granted to the date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA) . Some
projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt under a general rule
that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect
upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess
the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation
can not be readily identified, an Environmental Impact Report (EIR)
is prepared.
009 () % .
Honorable Planning Commission
September 27, 2005
Page 7
The Director has reviewed this project and found it to be
Categorically Exempt in accordance with Section 15332 (Class 32,
Infill Developments) of the California Code of Regulations (CEQA
Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2005- recommending to the City
Council conditional approval of Commercial Planned Development
Permit No. 2005 -03.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Site Plan
B. Floor Plan
C. Elevations
D. Elevations
4. Draft PC Resolution with Conditions of Approval
O Q "�r ,r.o
Honorable Planning Commission
September 27, 2005
Page 8
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LOCATION MAP
ATTACHMENT 1
000, 001Z.103
Honorable Planning Commission
September 27, 2005
Page 9
AERIAL PHOTOGRAPH
ATTACHMENT 2
f�
Honorable Planning Commission
September 27, 2005
Page 10
SITE PLAN
ATTACHMENT 3A
Opt I
PROJECT DAT
r.
SIR
PROPOSED SITE PLAN
VICINITY MAP
SITE PLAN
ATTACHMENT 3A
Opt I
Honorable Planning Commission
September 27, 2005
Page 11
-7
r-2-
SECOND FLOOR FIRST FLOOR
Floor Plan
ATTACHMENT 3B
Whi
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Honorable Planning Commission
September 27, 2005
Page 12
Elevations
ATTACHMENT 3C
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Honorable Planning Commission
September 27, 2005
Page 13
-A C..W.w W.0 Ft-
er
Elevations
ATTACHMENT 3D
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RESOLUTION NO. PC -2005-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED
DEVELOPMENT (CPD) NO. 2005 -03 TO ALLOW
CONSTRUCTION OF A 15,505 SQ. FT. OFFICE BUILDING
ON A ONE -ACRE SITE LOCATED AT 145 PARK LANE ON
THE APPLICATION OF BOB GEHRICKE
WHEREAS, at a duly noticed public hearing on September 27,
2005, the Planning Commission considered Commercial Planned
Development (CPD) No. 2005 -03 to allow construction of a 15,505
sq. ft. office building on a one -acre site located at 145 Park
Lane on the application of Bob Gehricke; and
WHEREAS, at its meeting of September 27, 2005 the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against
the proposal; and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community
Development Director's determination that this project is
Categorically Exempt from the provisions of CEQA pursuant to
Section 15332 as a Class 32 exemption for Infill Development.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. 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 17.44.030:
A. The site design, including structure location, size,
height, setbacks, massing, scale, architectural style and
colors, and landscaping, is consistent with the provisions
of the general plan, any applicable specific plans, zoning
ordinance, and other applicable regulations in that the
proposed project meets or exceeds the Ordinance
requirements for setbacks, parking, landscaping, and
height, and meets or exceeds the existing General Plan and
zoning designation requirements for the property.
B. The site design would not create negative impacts on or
impair the utility of properties, structures, or uses in
\ \Mor _pri_sery \City Share \Community Development \DEV PMTS \C P D \2005 \03 The Renaissance 9 Park
Lane \Reso \PC RESO 9.27.05.doc
PC ATTACHMENT 4
Resolution No. PC -2005-
Page 2
the surrounding area in that the design includes provisions
for adequate access to the site, appropriate setbacks, and
an appropriate use for the site.
C. The proposed use is compatible with existing and permitted
uses in the surrounding area in that the area is planned
and zoned for and developed with commercial uses of similar
scale, the proposed building colors and architecture are
designed to complement existing and approved commercial
buildings and the proposed building is located in such a
manner so as not to conflict with the use of the adjacent
properties.
SECTION 2. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council
approval of Commercial Planned Development Permit No. 2005-
03 subject to the Special and Standard Conditions of
Approval included in Exhibit A (Special and Standard
Conditions of Approval), attached hereto and incorporated
herein by reference.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 27th day of September, 2005.
Scott Pozza, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A - Special and Standard Conditions of Approval
ovc 0
Resolution No. PC -2005-
Page 3
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2005 -03
SPECIAL CONDITIONS
1. The landscape plan shall incorporate specimen size trees,
increased plant sizes and other enhanced landscape features
to at least a value of $19,850.00 subject to the review and
approval of the Community Development Director.
2. All landscaping and irrigation shall be installed prior to
occupancy.
3. Earthen berms, hedges and /or low walls shall be provided
prior to occupancy, where needed to screen public views of
parked vehicles from adjacent streets subject to the
satisfaction of the Community Development Director.
4. Prior to issuance of a grading permit, the Applicant shall
dedication to the City a five foot (5') wide pedestrian
access to provide pedestrian access, from Unidos Avenue to
Park Lane. The access shall be paved with Portland concrete
cement and have a minimum of two feet (21) of landscaping
on the each side of the access. Construction of the access
shall occur prior to building occupancy.
5. Prior to occupancy of the building the applicant shall
remove the most southerly portion of the sidewalk along
Park Lane and replace the sidewalk with landscaping.
6. Prior to or concurrently with the issuance of a grading
permit the Applicant shall provide the City with an
agreement to safely convey storm water flows coming from
the east and to maintain the easement. Said agreement shall
be submitted to the Community Development Director, City
Engineer and City Attorney for review and approval. The
agreement shall be a durable agreement, binding upon any
future property owner. The agreement shall include
provisions for the owners to maintain any private storm
drain and /or National Pollutant Discharge Elimination
System (NPDES).
7. Prior to issuance or concurrently with the issuance of a
grading permit, the Applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the
Resolution No. PC -2005-
Page 4
purpose of providing subterranean drainage to safely convey
storm water flows and utility lines along the southernmost
five feet of the site. The City of Moorpark shall not
assume any responsibility for the offered property or any
improvements to the property until this action has been
accepted by the City Council. The form of the Irrevocable
Offer of Dedication and other required pertinent documents
required to satisfy the above requirements shall be to the
satisfaction of the Community Development Director, City
Engineer and the City Attorney.
Park Lane.r The access shall be paved with Portland concrete
cement and have a minimum of two feet (21) of landscaping
on the each side of the access. Construction of the access
shaii occur ]riot to nuilaing occupancy.
5. Prior to occupancy of the building the applicant shall
remove the most southerly portion of the sidewalk along
Park Lane and replace the sidewalk with landscaping.
6. Prior to or concurrently with the issuance of a grading
permit the Applicant shall provide the City with an
agreement to safely convey storm water flows coming from
the east and to maintain the easement. Said agreement shall
be submitted to the Community Development Director, City
Engineer and City Attorney for review and approval. The
agreement shall be a durable agreement, binding upon any
future property owner. The agreement shall include
provisions for the owners to maintain any private storm
drain and /or National Pollutant Discharge Elimination
System (NPDES).
7. Prior to issuance or concurrently with the issuance of a
grading permit, the Applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the
subterranean drainaae to safely convev
Resolution No. PC- 2005 -_
Page 4
nurnose of nrovidin
Resolution No. PC -2005-
Page 5
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. The aforementioned backup district may include
the landscape setbacks including an irrevocable access
easement given to the City.
14. Prior to issuance of an occupancy permit the applicant
shall restripe Park Lane and Park Crest Lane and install
any signage required by the City Engineer, subject to the
review and approval of the City Engineer and Community
Development Director.
15. Hours of operation shall be from 6 a.m. to 10 p.m. Monday
through Saturday unless otherwise approved by conditional
use permit or these conditions of approval. Any exterior
maintenance, cleaning, sweeping and landscape work may only
be performed between 7:00 a.m. and 10 :00 p.m.
16. Loading and unloading operations are allowed only between
the hours of 7:00 a.m. and 7:00 p.m. Monday through
Fridays. More restrictive hours for loading and unloading
may be imposed by the community development director if
there are noise and other issues that make the loading and
unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or
unloading.
STANDARD CONDITIONS
assessment necessary to recover any past City costs or any
anticipated City costs for the following fiscal year. In
0,..
Resolution No. PC -2005-
Resolution No. PC -2005-
Page 6
Agreement /Notice shall include a legal description of the
subject property, and have the appropriate notary
acknowledgement suitable for recordation.
his /her discretion, grant up to two (2) additional one -year
eXtRn�i inns . ��r i:,GP�.,�.L� La1�r�t C�L1�F? the dPVe.1Q.PDquit. ngrimit:
easement given to the City.
14. Prior to issuance of an occupancy permit the applicant
shall restripe Park Lane and Park Crest Lane and install
any signage required by the City Engineer, subject to the
review and approval of the City Engineer and Community
Development Director.
15. Hours of operation shall be from 6 a.m. to 10 p.m. Monday
through Saturday unless otherwise approved by conditional
use permit or these conditions of approval. Any exterior
maintenance, cleaning, sweeping and landscape work may only
b��t.���Ci�Y,S�.'. -i,°t.''t":CL�t .mss ^4�v'i': ° ^g.:� �� .��• r.i:t:. ,.. ,,.., �. ,,.�
16. Loading and unloading operations are allowed only between
the hours of 7:00 a.m. and 7:00 p.m. Monday through
Fridays. More restrictive hours for loading and unloading
may be imposed by the community development director if
there are noise and other issues that make the loading and
unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or
unloading.
STANDARD CONDITIONS
GENERAL REQUIREMENTS
i. Wii -hill i_hi.Ll.y (30) C:d1C11UdL udy5 of appiuval of 11115
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
Resolution No. PC- 2005 -_
Page 6
Resolution No. PC -2005-
Page 7
whichever is appropriate to recommend disposition of the
site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The
applicant shall pay for all costs associated with the
investigation and disposition of the find.
7. The applicant shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning this entitlement approval, which claim, action
or proceeding is brought within the time period provided
therefore in Government Code Section 66499.37 or other
sections of state law as applicable. The City will promptly
notify the applicant of any such claim, action or
proceeding, and, if the City should fail to do so or should
fail to cooperate fully in the defense, the applicant shall
not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding
in good faith.
b. The applicant shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the settlement is approved by the applicant.
permit.
8. If any of the conditions or limitations of this approval
ChI:CLV U -Lull .711CL -L -L I: CCL.7C 111 1.11C l RUM= l.l-LCL L. I-- CLI CCL CL11U 1.1 L -L111A
shall be left untouched. The applicant shall assure the
preservation of the site and immediately contact the
Community Development Director informing the Director of
hP _. rPC7]1] l Y'PC1 _ t-n _ nhY_a l n t.hP
services of a qualified paleontologist or archeologist,
Resolution No. PC -2005-
Page 8
otherwise permitted
consistent with the
adopted ordinances,
or design guidelines.
FEES
through application for Modification
requirements of the zone and any other
specific plans, landscape guidelines,
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 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.
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Resolution No. PC -2005-
Page 9
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. L� y rFa�ii7�t_L eS's'reSri� uirt�me�i s ci c g&ilaz Ltlttt�
of building permit application.
made within sixty (60) calendar days of approval of this
entitlement.
11. Condition Compliance: Prior to the issuance of any Zoning
Clearance, building permit, grading permit, or advanced
grading permit, the applicant shall submit to the Community
Development Department the Condition Compliance review
deposit.
12_ Capital .Tmpxove-menr.s. and. Faci1_i. ties., and .Proressirig; Prier
to the issuance of any Zoning Clearance, the applicant
shall submit to the Community Development Department,
capital improvement, development, and processing fees at
Lile * l:Utl Cll 1. LCCl.0 '111 Said - 1111:1UUC, 1JUI. ale 11CJ1.
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
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.
0 �0 fr:
Resolution No. PC -2005-
Resolution No. PC -2005-
Page 10
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 _deerPasP in
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
_hu -',-'-in- „o, ,,; t tti,y appi-Jeant
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 but in no case shall the
fee be less than $0.15 per square foot of gross building
area.
developments, applied to the intersections identified in
the Archstone Apartments (RPD 1997 -01) and Vintage
Crest /USA Properties (RPD 2000 -02) traffic reports.
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
trans Highway Bid Price (OR Engineering
action Index) for the twelve (12) month
Dn December 31 of the preceding year
In the event there is a decrease in
Resolution No. PC- 2005 -_
Page 10
change in the Calt
News Record Constrl
period available c
( "annual indexing")
Resolution No. PC -2005-
Page 11
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 Fina�l� Occupancy of }p the
nh }e
i�I1C�'i�G�.'Cr1c11iG.�i�� 111U�G,i���'Vl QI1Q Qr11UQ1 rS1TIl�'�i'1111�.�,j 1. +1P`rP I.UtLClll.
amount of the fee shall remain until such time as the next
subsequent annual indexing which results in an increase. In
Ltie ' 'e�e7i" the "' b'id" 'Pride " "Lriti�X" YefeYYed" "td' ' abov'e' ' in this
condition is discontinued or revised, such successor index
with which it is replaced shall be used in order to obtain
substantially the same result as would otherwise have been
obtained if the Bid Price Index had not been discontinued
or revised.
locate. C'n.l'ri2, Y"Le2 nshail rber paid r In accordance f w'tri ne' N
Council adopted AOC fee requirements in effect at the time
of building permit application.
-I - - - - - - - - -- - - - - - _J 1 - - - - - -- - - - - - -- - - - .. - - -- r --- - -- __ -_--
lighting for a period of one year from the acceptance of
the street improvements.
23. 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
24. Art in Public Places: Prior to or concurrently with the
..-- ......., vv �+� tiww...�... ....VU �.V .. ♦aV VVll llll lA1111 -Y L�.. V �...1 V1../lll\.111.
Department. If the applicant is required to provide a
on or off -site in lieu of contributing
Lc Places Fund the art work shall have a
j to or greater than the contribution,
.ructed prior to Final Occupancy of the
l art shall require approval by the Arts
construction.
on: In accordance with City policy, the
Resolution No. PC- 2005 -_
Page 11
25
public art project
to the Art in Publ:
value correspondinc
and shall be const
first building. Al
Committee prior to
Electronic Conversi
Resolution No. PC -2005-
Page 12
eighteen Anch (1ill) pa'r'apet wall above /the highest point of
the flat roof shall be provided on all sides.
30. Skylights are prohibited unless approved through the
C11 1L ClllC ll l.� LV11U11.1 V11 1. Vlll�J11d11 C..0 UCi C.UlllCl1L.-_i; 1'111d1 1V1dY/
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.
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
Q 4,?,f)
the commercial /industrial center
City's Sign Ordinance requirements.
fed portions of buildings, a minimum
Resolution No. PC- 2005 -_
Page 12
consistent with
architecture and th
29. For all flat roo
of �htocn i" In /lal /l
Resolution No. PC -2005-
Page 13
- lLlLC7111L:d-Z11GU .71J uil&L' 1 L. L CLLLC1111.7 1.:1CCLt _LY V 1.71JJ -C& UUi llly L11t2
life of the development.
Pei. ULLL.. . . . . , , .
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-
____
permit.
33. Roof - mounted equipment and other noise generation sources
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
enclosures, cooling towers, generators, shall be
architecturally screened from view with masonry wall and /or
landscaping as determined by the Community Development
Director.
h common access to house all meters and
ladder shall be provided unless an
?proved by the Community Development
ladders of any kind to the roof shall be
it remains clearly visible during the
ment.
striping of the parking area a Zoning
required. All disabled parking spaces
1 shall be re- striped and maintained in
-owed locations unless new locations are
munity Development Director.
Resolution No. PC- 2005 -_
Page 13
35. A utility room wit:
the roof access
alternative is al
Director.
36. No exterior access
permitted.
maintained so that
life of the develop
38. Prior to any re -s
Clearance shall be
and paths of trave
their original apps
approved by the Com
Resolution No. PC -2005-
Page 14
.7110._L 1_/G �: V11.71J 1.X111. W1 l.11 l_11� •Q�./�.%1 V V CU JJ1Q11.7 U11UC1 l_111a
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 buildinq surfaces, including
accordance with the requirements of the Moorpark Municipal
Code. All parking space and loading bay striping shall be
a �._ _ ,
clearance sfiall Lbe required.�� A� CT sab�ea' p , arki.ng sp aces � _
and paths of travel shall be re- striped and maintained in
their original approved locations unless new locations are
approved, by, the .Communit:K yDevelopmenty Director. .u��.,.1 j J Jl Vlll
(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
the plans approved under this entitlement and shall
specifically reflect the following:
a. TraUS €oKme and iqjj ,� t e_ ��V_ dev�LPG
C. Required loading areas with forty -five foot (451)
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
they are subject to the approval of
Waterworks District No. 1.
r building materials and paint colors
stent with the approved plans under this
changes to the building materials and
.re subject to the review and approval of
Development Director.
metal building surfaces, including
_1 be coated or sealed with rust
.nt to prevent corrosion and release of
.11l_ ..11..Y J IJV11\A yv". %_t'.: 1'1 C.Z 11Qy GIlIG 111. JI_Q11.
mmnri ata . Arai n.q frnm rha r7i cnncal and
ans, the size of which shall be
.er area drains into it. ThP t.raah areaa
Resolution No. PC- 2005 -_
Page 14
sewer system,
Ventura County
d. Final exterio:
shall be consi
permit. Any
paint colors a
the Community
e. All exterior
roofing, sha]
inhibitive pai
When deeme(3 ar
construction pl
so that no oth
Resolution No. PC -2005-
Page 15
metal. cohzaminants Srrto "tne' storm arain - system.
f iv�ihii.�l i qt7 n.Gacaii anrli�c rf' � Liop ;t a "cr fj'1 hw , inrnv? d'.E��
- 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
11-1 - - .. T.T.. ti........._..1... T, �.......L WT- -1 - - -__ -__ - »______I
42. Any expansion, alteration or change in architectural
elements requires prior approval of the Community
nomusml nnmanr ni rartnr Th rnco rnh =n rrcc ; n :3— TI,; tc. +-- I
itle 15 of the Moorpark Municipal Code,
ownspout shall be provided on all sides
for all structures where there is a
flaw. Watpr qh;;I l Yea rnnua -'rar9 to An
,r and consistent with applicable Zoning
`7ieSAna liivision `'1 �iouiaPtrie rcommunity
>r determine that a compatibility study
pplicant shall apply for a Modification
es not to protest the formation of an
Assessment District.
hall be generated from any use on the
his /her successors, heirs, and assigns
0 ncf y
Resolution No. PC- 2005 -_
Page 15
43. When required by T
rain gutters and d,
of the structure
directional roof
Development Directc
Code provisions.
4 6 _ E6t Hy tf n A4 Onrt 9RH
Development Directc
is required; the a
to the entitlement.
47. The applicant agre
underground Utility
49. No noxious odors s
subject site.
50. The applicant and
Resolution No. PC -2005-
Page 16
--- L]LLrA'or =,pi,L;rlJu-1), 1)U-- 1- IIb -L21 1/- ;
45. All uses and activities shall be conducted inside the
htii l rii nn t l i,nl ccc nthor,ui co �,ithr ri vgr7 Y... �L,�. r• .,..,.,.,� t =.
Development Director and consistent with applicable Zoning
Code provisions.
46. Prior to the issuance of a Zoning Clearance for any use
- -_Y uia v ii vaa�.��..ai L. L.l1 11�. t,ay �. 11 ✓1 V - 11 . l Alt \.k- lILL Ulll 6y
Development Director determine that a compatibility study
is required; the applicant shall apply for a Modification
to the entitlement.
or building maintenance, as indicated by the City within
five (5) days from written notification.
A 0 717- .• -11 -11 -A- . -.L. -„ L..- ---- - - - - --3 t - - --- - - -- - - -- - -- "- -
U f`f)
compliance with these Conditions of
the Community Development Director may
ct to be out of compliance, or the
are, for some other just cause, the
iblic nuisance. The applicant shall be
for any and all costs and expenses to
n thereafter abating the nuisance and in
�e with the Conditions of Approval or
If the applicant fails to pay all City
his action, the City may enact special
ings against the parcel of land upon
.ce existed (Municipal Code Section
ance of a Zoning Clearance for tenant
spective tenant shall obtain a Business
t from the City of Moorpark. All
vork in Moorpark shall have or obtain a
4istration Permit.
rrently with the issuance of a Zoning
upancy of any of the buildings, the
guest that the Citv Council anorove a
Resolution No. PC- 2005 -_
Page 16
51. Should continued
Approval not be met
declare the projel
Director may decL
project to be a pt
liable to the City
the City involved i
obtaining compliant
applicable codes.
costs related to t
assessment proceed:
which the nuisan
1.12.080).
52. Prior to the issu
occupancy, the pro;
Registration Permi
contractors doing v
current Business Rei
53. Prior to or concur
Clearance for occ•
applicant shall re
Resolution No. PC -2005-
Page 17
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
57. Prior to the issuance of a Zoning Clearance for building
permits the applicant shall submit to the Community
Development Director for review and approval, with the
required deposit, three full sets of Landscaping and
Irrigation Plans prepared by a licensed landscape architect
and drawn on a plan that reflects final grading
configuration, in conformance with the City of Moorpark
Landscape Standards and Guidelines, policies and NPDES
requirements; including, but not limited to, all
specifications and details and a maintenance plan. Fences
and walls shall be shown on the Landscape and Irrigation
Plans, including connection, at the applicant's expense, of
property line walls with existing fences and or walls on
any adjacent residential, commercial or industrial
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
landscape and irrigation plan, a lighting plan, along with
required deposit, shall be submitted to the Community
Dev elonmenr__pi rar -tnr fnr ravi aw and ;;nnrnva l Tha l i r7ht; nR
55. 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
Mahagemerit stair ana' the Development- lli'rec'tor tof
review and approval. The Plan shall include a designated
building manager, who is responsible for initiating on -site
waste materials recvclinq _programs, including acquiring
storage bins for the separation of recyclable materials and
coordination and maintenance of a curbside pickup schedule.
56- 'T'hP`__b�k1_1r]i nrr manacrPr nr r9aci rrnPP chal l ha rarn,; rari tr,
conduct a routine on -site waste management jeducation
Resolution No. PC -2005-
Page 18
60. All required landscape easements shall be clearly shown on
the Final Map or on other recorded documents if there is no
Final Map.
61. 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.
62. When available, use of reclaimed water shall be required
for landscape areas subject to the approval of the
Community Development Director, the City Engineer and
Ventura County Waterworks District No. 1.
63. 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.
64. All landscaping shall be maintained in a healthy and
thriving condition, free of weeds, litter and debris.
65. 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
66. 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
0 p (p �.
Resolution No. PC -2005-
Page 19
Protection District; "Standard Specifications for Public
Works Construction" as published by BNI (except for signs,
traffic signals and appurtenances thereto; for signs,
traffic signals and appurtenances thereto, the provisions
of Chapter 56 for signs and Chapter 86 for traffic signals,
and appurtenances thereto, of the "Standard
Specifications," most recent edition, including revisions
and errata thereto, as published by the State of California
Department of Transportation); "Engineering Policies and
Standards" of the City of Moorpark, "Policy of Geometric
Design of Highways and Streets," most recent edition, as
published by the American Association of State Highway and
Transportation Officials. In the case of conflict between
the standards, specifications and design manuals listed
above, the criteria that provide the higher lever of
quality and safety shall prevail. Any standard
specification or design criteria that conflicts with a
Standard or Special Condition of Approval of this project
shall be modified to conform with the Standard or Special
Condition to the satisfaction of the City Engineer.
67. 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.
68. 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.
69. 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.)
70. Prior to any work being conducted within any State, County,
or City right of way, the applicant shall obtain all
Resolution No. PC -2005-
Page 20
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.
71. 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.
72. 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.
73. 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.
74. The applicant shall post in a conspicuous location the
construction hour limitation and make each construction
trade aware of the construction hour limitations.
GRADING
75. 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.
Resolution No. PC -2005-
Page 21
76. 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
77. 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.
78. 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
79. 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.
80. 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
Resolution No. PC -2005-
Page 22
any on -site and downstream improvements, required by the
City, to support the proposed development.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
81. 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.
82. Prior to the issuance of any construction/ grading permit
and /or the commencement of any clearing, grading or
excavation, the applicant shall submit a Notice of Intent
(NOI) to the California State Water Resources Control
Board, Stormwater Permit Unit in accordance with the NPDES
Construction General Permit (No. CASQ00002): Waste
Discharge Requirements for Discharges of Stormwater Runoff
Associated with Construction Activities). The applicant
shall also provide a copy of the Notice of Intent (NOI) to
the City Engineer as proof of permit application. The
improvement plans and grading plans shall contain the WDID
number for the project.
83. 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
0()C'0 -J
Resolution No. PC -2005-
Page 23
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
84. 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.
85. 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.
86. 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.
87. 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.
88. 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.
Resolution No. PC -2005-
Page 24
89. 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.
90. When it has been determined that it is necessary to form an
Assessment District (including a Back -Up District), the
applicant shall be required to undertake and complete the
following:
a. At least one - hundred - twenty (120) days prior to the
planned recordation of any Final Map or the issuance
of any zoning clearance for building permit, which
ever comes first:
i. submit the final draft plans for any irrigation,
landscaping or Drainage Improvements [herein
"Maintained Areas "] to be maintained by the
Assessment District (including a required Back -Up
District) , along with any required plan checking
fees;
ii. submit a check in the amount of $5,000 as an
advance to cover the cost of Assessment
Engineering for the formation of the Assessment
District [Note: Developer shall be required to
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
0 0E.I
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Resolution No. PC -2005-
Page 25
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:
91. 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:
92. 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.
93. 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 26
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT
for compliance with the following conditions:
GENERAL
94. 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 (401).
95. 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 (5 %) cross slope in any direction and shall be
located within one - hundred -fifty feet (1501) of the end of
the access road /driveway.
96. 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.
97. When only one (1) access point is provided, the maximum
length shall not exceed eight- hundred feet (8001).
98. Public and private roads shall be named if serving more
than four (4) parcels or as required by the Fire District.
99. Approved walkways shall be provided from all building
openings to the public way or Fire District access
road /driveway.
100. 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.
Resolution No. PC -2005-
Page 27
101. 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.
102. 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 (51) of openings,
combustible walls, or combustible roof eave lines unless
protected by approved automatic sprinklers.
DEVELOPMENT REQUIREMENTS
103. 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.
104. Minimum six -inch (611) 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.
105. 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.
106. 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.
107. 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
Resolution No. PC -2005-
Page 28
and two (2) site plans (for the review and approval of the
location of fire lanes) to the Fire District.
108. 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.
109. Prior to or concurrently with the issuance of a building
permit the applicant shall submit plans to the Fire
District showing the location of the existing hydrants
within three - hundred feet (300') of the proposed project
and showing the location, type and number of proposed
hydrants, and the size of the outlets. Fire 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.
110. 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 (100) or more heads shall be supervised by a fire
alarm system in accordance with Fire District requirements.
111. 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.
112. Prior to the issuance of a certificate of occupancy by the
Building Division the applicant shall obtain all applicable
Uniform Fire Code (UFC) permits.
113. 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."
114. Prior to the issuance of a certificate of occupancy by the
Building Division the applicant shall install fire
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Resolution No. PC -2005-
Page 29
extinguishers in accordance with the Uniform Fire Code.
The placement of extinguishers shall be subject to review
and approval by the Fire District.
115. 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:
116. 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.
117. 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.
118. 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.
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Resolution No. PC -2005-
Page 30
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
119. 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:
120. 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 -
0 0 I'> Q c - *.>
ITEM: 8.E.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Direct
o
Prepared by Jared Rosengren, Contract Planne
DATE: August 16, 2005 (PC Meeting of 9/27/05)
SUBJECT: Consider Modification No. 1 to Conditional Use Permit No.
2002 -03 and Modification No. 1 to Conditional Use Permit
No. 2003 -03 to Increase the Size of Two Microwave Dishes
and for Additional Grading for Construction of a Wireless
Communications Facility on an Existing Southern
California Edison High Power Transmission Tower, Located
South of Tierra Rejada Road on Open Space Area and
Southwest of Brookhurst Court, on the Application of
Infranext, Inc. for Cingular Wireless
BACKGROUND
On April 1, 2003, Conditional Use Permit No. 2002 -03 was considered
and approved by the Planning Commission at a duly noticed public
hearing. This permit authorized the construction of a wireless
communication facility on an existing Southern California Edison
(SCE) electrical transmission tower. On March 2, 2004, a Building
Permit was issued for the project.
On April 6, 2004, Conditional Use Permit No. 2003 -03 was considered
and approved by the Planning Commission at a duly noticed public
hearing. This permit also authorized the construction of a wireless
communication facility on the same SCE electrical transmission
tower. On July 19, 2004, a Building Permit was issued for the
project.
As part of the original entitlement both projects were each
approved with a two foot (21) diameter microwave dish. The
applicant is now proposing to increase the size of both dishes to
for feet (4') in diameter. Additionally, both projects were
conditioned to place the antenna equipment cabinets in underground
vaults (see attached Resolution No. PC- 2003 -440 and Resolution No.
PC- 2004 -457). During construction of both projects it was
determined that the undergrounding of the vaults necessitated the
Honorable Planning Commission
September 27, 2005
Page 2
use of a crane, and that more grading was necessary than was
originally anticipated in order to position the crane used to
install the underground equipment cabinet vaults. Community
Development staff determined that this extra grading would require
the consideration of Modifications to the original Conditional Use
Permits by the Planning Commission.
DISCUSSION
The applicant is proposing to grade 2,265 cubic yards of earth to
create a temporary pad for the crane and for a road to access the
pad in order to complete the installation of equipment vaults
associated with both approved wireless communication facilities.
The pad and road will be fully restored to their original condition
after the project is completed. Conditions have been added to
ensure this restoration. The project includes an erosion control
plan in order to keep all runoff material on site.
Findings
Modification Findings: The following findings are in accordance
with Municipal Code Section 17.44.100(A)(2):
A. The proposed changes to the project approved under Conditional
Use Permit No. 2002 -03 and Conditional Use Permit No. 2003 -03
are not substantial or fundamental changes to the approved
entitlements or uses in that locations and uses of the
projects have not changed.
B. The proposed changes to the projects would not have a
substantial adverse impact on surrounding properties in that
site will be restored to its original state after construction
has been completed.
C. The proposed changes to the projects would not change any of
the findings contained in the environmental documentation
prepared for Conditional Use Permit No. 2002 -03 and
Conditional Use Permit No. 2003 -03 in that the projects
involve the construction of small structures and would
continue to be categorically exempt from environmental review
under Section 15303 of the California Code of Regulations.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2005- approving Modification No. 1
to Conditional Use Permit No. 2002 -03 and Modification No. 1
to Conditional Use Permit No. 2003 -03, subject to conditions.
Honorable Planning Commission
September 27, 2005
Page 3
ATTACHMENTS:
1. Location Map
2. Resolution No. PC- 2003 -440
3. Resolution No. PC- 2004 -457
4. Resolution No. PC -2005-
5. Project Exhibits
a. Site Plan
b. Enlarged Site Plan
C. Erosion Control Plan
d. Grading Plan
with Conditions of Approval.
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RESOLUTION NO. PC- 2003 -440
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2002 -03 FOR CONSTRUCTION OF A WIRELESS
COMMUNICATIONS FACILITY ON AN EXISTING SOUTHERN
CALIFORNIA EDISON HIGH POWER TRANSMISSION TOWER
LOCATED WITHIN THE SOUTHERN CALIFORNIA EDISON
PROPERTY, SOUTH OF TIERRA REJADA ROAD AND SOUTHWEST
OF BROOKHURST COURT, ON THE APPLICATION OF
INFRANEXT, INC. FOR AT &T WIRELESS (ASSESSOR PARCEL
NO. 506 -0- 010 -615)
WHEREAS, at duly noticed public hearings on February 18, 2003,
March 18, 2003 and April 1, 2003, the Planning Commission
considered Condition Use Permit (CUP) No. 2002 -03, on the
application of Infranext, Inc. for AT &T Wireless, requesting
approval of a wireless communications facility consisting of the
installation of six (6) panel antennas and one (1) microwave dish
mounted upon existing Southern California Edison (SCE) High Power
Transmission Tower No. 1604071E, located within the Southern
California Edison property, south of Tierra Rejada Road and
southwest of Brookhurst Court.
WHEREAS, at its meeting of February 18, 2003, 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 application
and then continued the matter, public hearing open to subsequent
meetings; and
WHEREAS, on April 1, 2003, the Planning Commission closed the
public hearing; and
WHEREAS, the Planning Commission concurs with the Community
Development Director's determination that this project is
Categorically Exempt from the provisions of California
Environmental Quality Act (CEQA) pursuant to Section 15303 as a
Class 3 exemption for the construction of new small structures or
facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth above, it is determined that this application
with the attached conditions, meets the requirements of the City of
Moorpark Municipal Code Section 17.44.030 in that:
PC ATTACHMENT 2
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Resolution No. PC 2,j3 -440
Page 2
A. The proposed use is consistent with the intent and provisions
of the City's General Plan, and Title 17 of the Municipal Code
in that the proposed use, height setbacks, and improvements
are consistent with requirements of City Code requirements
when conditioned.
B. The proposed use is compatible with the character of the
surrounding development because the site is currently used by
Southern California Edison for high power electrical
transmission lines and the use of utility poles has been
designated as an appropriate location for the cohabitation of
cellular sites.
C. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses as the
proposed use is designed to blend in with the colors of the
terrain and the existing high power transmission line.
D. The proposed use will not be detrimental to the public
interest, health, safety, convenience, or welfare, as the
project has been conditioned to protect the public's health
and safety.
E. The proposed use is compatible with the scale, visual
character and design of the surrounding properties, in that it
is designed so as not to detract from the physical and visual
quality of the community. The color of the antennae is
proposed to be painted to blend in with the existing SCE
structure. In addition, the proposed equipment cabinets and
fencing will be painted to blend into the surroundings.
SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the
information set forth above, it is determined that this application
with the attached conditions, meets the requirements of the City of
Moorpark Municipal Code Section 17.42.060 in that:
A. The proposed facility will not create any significant blockage
to public views as the cellular facility will be placed on an
existing electrical transmission tower.
B. The proposed facility will enhance communication services to
the City due to its ability to provide increased communication
capabilities.
C. The proposed facility will be aesthetically integrated into
its surrounding land uses and natural environment, since it
will be painted to blend into the existing electrical
transmission tower.
D. The proposed facility will comply with FCC regulations
regarding interference with the reception or transmission of
other wireless service signals within the City and surrounding
community.
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 440 CUP 2002 -03 Infranext.doc 0 pt -.0 C I
Resolution No. PC 4003 -440
Page 3
E. The proposed facility will operate in compliance with all
other applicable Federal regulations for such facilities,
including safety regulations, as AT &T operates its wireless
network in compliance with its FCC license and FCC rules and
regulations concerning frequency emissions and /or radio
frequency interference. The transmission densities emanating
from the facility will not exceed current American National
Standards Institute (ANSI) recommended maximum exposure levels
for wireless transmission frequencies which do not have the
potential to significantly impact the community. In all cases,
Effective Radiated Power (ERP), and its associated
electromagnetic (EM) radiation power densities are a small
fraction of the maximum permissible exposure set by ANSI, or
the more restrictive exposure standard put forth by the
National Commission on Radiation Protection and Measurement
(NCRP) .
F. The public need for the use of the facility has been
documented by the applicant and verified by city staff to be
consistent with California law in that the proposed cell site
will provide a substantial increase in the coverage area (an
increase from weak coverage to good coverage in the target
area).
G. The applicant will provide at its own expense, a field survey
or other method consistent with Federal law to provide written
verification that the facility is in compliance with
applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall
also include signal strength exhibits, including calculations
and measurements under maximum loading conditions. Such field
survey shall be provided to the City upon request, not to
exceed one (1) such request in any 24 -month period.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning
Commission hereby approves Conditional Use Permit No. 2002 -03
subject to the Special and Standard Conditions of Approval included
in Exhibit A (Special and Standard Conditions of Approval)*,
attached and incorporated herein by reference.
SECTION 4. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 440 CUP 2002 -03 Infranext.doc 0()Q; Q C `
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Resolution No. PC 2„O3 -440
Page 4
The action with the foregoing direction was approved by the
following roll call vote:
AYES: Commissioners Lauletta, Peskay, Pozza, Vice Chair
DiCecco and Chair Landis.
NOES: None.
ABSTAIN: None.
ABSENT: None.
PASSED AND ADOPTED THIS 1st day of April 2003.
AT EST:
a ry Hog
C mm 'ty D ve opment Director
Exhibit A: Special and Standard Conditions of Approval
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Resolution No. PC X103 -440
Page 5
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2002 -03
SPECIAL CONDITIONS OF APPROVAL
1. Prior to the issuance of a Zoning Clearance, all exterior
antenna, support poles, equipment materials and paint colors
shall be reviewed and approved by the Community Development
Director to blend into the surroundings.
2. Prior to the issuance of a Zoning Clearance the development
plans shall be revised to show all ground mounted equipment in
an underground vault along with drought tolerant and /or native
landscaping to screen the retaining wall from public view.
Landscaping shall be subject to review by the City's Landscape
Architect and to approval by the Community Development
Director. The design and color of the vault is subject to the
review and approval of the Community Development Director.
The landscaping shall be maintained by the applicant in a
healthy and thriving condition for the life of the facility.
STANDARD CONDITIONS OF APPROVAL
PLEASE CONTACT THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
1. This Conditional Use Permit is granted for the land and
project as identified on the entitlement application form and
as shown on the approved plot plans and elevations. The
location and design of all site improvements shall be as shown
on the approved plot plans and elevations, except or unless
indicated otherwise, by conditions within this resolution.
2. The development is subject to all applicable regulations,
requirements and enactment of Federal, State, Ventura County,
City and any other governmental entities, and all such
requirements and enactment's shall, by reference, become
conditions of this permit.
3. In the event that the uses for which this Conditional Use
Permit are approved, is determined to be abandoned, the City
of Moorpark may, at its discretion, initiate revocation
procedures for cause per the provisions of Section 17.44.080.
For purposes of this condition, "abandoned" shall mean a
cessation of a business or businesses which would render the
use unavailable to the public for a period of 180 or more
consecutive days. Initiation of revocation procedures may
S: \Community Development \ADMIN \COMMISSION \F nal Reso \pc 440 CUP 2002 -03 Infranext.doc
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Resolution No. PC 2vJ3 -440
Page 6
result in the revocation of the permit or modification of the
permit based upon the evidence presented at the hearing. A
surety, in an amount subject to the review and approval of the
Community Development Director, shall be provided to the City
prior to the approval of a Zoning Clearance for construction,
to guarantee removal of equipment and structures, if the City
determines the facility to be abandoned and /or a public
nuisance.
4. Unless the project is inaugurated (building foundation in
place or substantial work in progress) not later than one (1)
year after this permit is granted, this permit shall
automatically expire on February 18, 2004. The Community
Development Director may, at his discretion, grant up to one
(1) additional year for project inauguration, if there have
been no changes in the adjacent areas and if the applicant can
document that he has diligently worked towards inauguration of
the project during the initial one (1) year period. The
request for extension of this entitlement shall be made in
writing, at least thirty (30) days prior to the expiration
date of the permit.
5. Removal or relocation of any and all of the facilities shall
be at the facility owner's expense, and at no cost to the
City. Should the facility be removed or relocated by the
City, the facility owner hereby waves any claims, damage, or
loss (including, but not limited to, consequential damages)
resulting from the city's removal or relocation of the
facility.
6. All facilities and uses, other than those specifically
requested in the application, are prohibited unless the City
of Moorpark has approved an application for a modification.
Any minor changes to this permit shall require the submittal
of an application for a modification to this permit.
7. 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. In instances where more than one (1) set of rules
apply, the stricter ones shall take precedence.
8. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
9. The applicant shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents, officers
or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the subdivision,
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Resolution No. PC /-003 -440
Page 7
which claim, action or proceeding is brought within the time
period provided therefore in the Government Code. The City
will promptly notify the applicant of any such claim, action
or proceeding, and, if the City should fail to do so or should
fail to cooperate fully in the defense, the applicant shall
not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action or
proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in
good faith.
b. The applicant shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the applicant. The applicant's
obligations under this condition shall apply.
10. Prior to approval of construction plans for plan check or
initiation of any construction activity, a Zoning Clearance
shall be obtained from the Department of Community
Development.
11. Prior to the issuance of a Zoning Clearance, the permittee
shall sign a statement indicating awareness and understanding
of all permit conditions, and shall agree to abide by the
conditions required for approval.
12. Prior to the issuance of a Zoning Clearance for construction,
the applicant shall deposit with the City of Moorpark a
Condition Compliance review in the amount of the original
filing fee for the project.
13. Prior to issuance of a Zoning Clearance for construction, the
applicant shall post a surety to the City subject to the
review and approval of the Community Development Director to
guarantee removal of equipment and structures, if the City
determines the facility to be abandoned and a public nuisance.
14. Prior to any occupancy by any tenant or subsequent owner,
whose business would employ or dispose of hazardous materials,
a Major Modification application shall be filed with the
Department of Community Development and approved by the City.
15. No later than ten (10) days after any change of property
ownership or change of lessee(s) or operator(s) of the subject
use, there shall be filed with the Community Development
Director the name(s) and address(es) of the new owner(s),
lessee(s) or operator(s) together with a letter from any such
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Resolution No. PC 2uO3 -440
Page 8
person(s) acknowledging and agreeing with all conditions of
this permit.
16. The continued maintenance of the permit area and facilities,
including but not limited to the condition of the landscaping,
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in
maintenance, as indicated by the Code Enforcement Officer
within thirty (30) days after notification.
17. The applicant and his successors, heirs, and assigns shall
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the
Community Development Director.
18. The applicant shall pay all outstanding case processing
(planning and engineering), and all City legal service fees
prior to issuance of a Zoning Clearance. The applicant,
permittee, or successors in interest shall also submit to the
Department of Community Development a fee to cover costs
incurred by the City for Condition Compliance review of the
Conditional Use Permit.
19. The Community Development Director may declare this
entitlement project not in compliance with the Conditions of
Approval or for some other just cause, a "public nuisance ".
The applicant shall be liable to the City for any and all
costs and expenses to the City involved in thereafter abating
the nuisance and in obtaining compliance with the Conditions
of Approval or applicable codes. If the applicant fails to
pay all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon
which the nuisance existed (Municipal Code Section 1.12.080).
20. All ground mounted equipment and other noise generation
sources on -site shall be attenuated to 55 dBA at the property
line. Prior to the issuance of a Zoning Clearance for initial
occupancy or any subsequent occupancy, the Community
Development Director may request that a noise study be
submitted for review and approval which demonstrates that all
on -site noise generation sources would be mitigated to the
required level. The noise study must be prepared by a
licensed acoustical engineer in accordance with accepted
engineering standards.
21. The applicant will provide at its own expense a field survey
or other method consistent with Federal law to provide written
verification that the facility is in compliance with
applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall
also include signal strength exhibits, including calculations
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 440 CUP 2002 -03 Infranext.doc
Opc,p'0
t
Resolution No. PC 4003 -440
Page 9
and measurements under maximum loading conditions. Such field
survey shall be provided to the City upon request, not to
exceed one (1) such request in any 24 -month period.
22. The facility shall be removed at the owner's expense when a
City- approved project requires relocation or undergrounding of
the utility structure on which the facility is mounted. If
the facility owner refuses to remove the facility, the owner
shall reimburse the City for city costs and expenses to remove
the facility. The applicant waives any claims, damage, or
loss (including, but not limited to, consequential damages)
resulting from the City's removal or relocation of the
facility.
PLEASE CONTACT THE ENGINEERING DIVISION FOR QUESTIONS REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS
23. Prior to any work being conducted within the State, County, or
City right of way, the Developer shall obtain all necessary
encroachment permits from the appropriate agencies, including
traffic and detour plans. Copies of all permits will be
provided to the City prior to commencing any work.
24. Issuance of this permit does not in any way preclude prior
easement rights and the rights of all underlying and previous
holders must be respected. Developer must notify any easement
holder being affected by the proposed improvements or
development prior to the work being commenced.
25. During smog season (May - October), the City shall order that
construction cease during Stage III alerts to minimize the
number of vehicles and equipment operating, lower ozone levels
and protect equipment operators from excessive smog levels.
The City, at its discretion, may also limit construction
during Stage II alerts. Construction activities shall meet
the requirements of Section 15.26.010 of the Municipal Code.
26. The developer shall ensure that construction equipment is
fitted with modern sound - reduction equipment.
27. Construction equipment not in use for more than ten (10)
minutes shall be turned off.
28. If any hazardous waste is encountered during the construction
of this project, all work shall be immediately stopped and the
Ventura County Environmental Health Department, the Fire
Department, the Sheriff's Department, and the City
Construction Observer shall be notified immediately. Work
shall not proceed until clearance has been issued by all of
these agencies.
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 440 CUP 2002 -03 infranext.doc 0
Resolution No. PC x„03 -440
Page 10
29. Equipment engines shall be maintained in good condition and in
proper tune as set forth in manufacturer's specifications.
30. The developer shall comply with National Pollution Discharge
Elimination System ( NPDES) objectives as required by Ventura
County NPDES Permit CAS0040O2.
31. The land outside the street right -of -way of the proposed
improvements shall be left in its natural state. Any work
within private property will require permission from the
property owner. A copy of that permission shall be forwarded
to the City.
32. All debris, including branches and pieces of concrete and
asphalt, within the local area shall be removed and disposed
of properly. This includes all debris adjacent to the exiting
access road.
-End-
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 440 CUP 2002 -03 Infranext.doc
RESOLUTION NO. PC- 2004 -457
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2003 -03 FOR
CONSTRUCTION OF A COMMUNICATION FACILITY ON AN
EXISTING SOUTHERN CALIFORNIA EDISON (SCE) UTILITY
TOWER, LOCATED WITHIN THE SOUTHERN CALIFORNIA
EDISON RIGHT -OF -WAY, SOUTH OF TIERRA REJADA ROAD
IN AN OPEN SPACE AREA SOUTHWEST OF BROOKHURST
STREET. (ASSESSOR PARCEL NO. 506 -0- 010 -615).
WHEREAS, at duly noticed public hearing on April 6, 2004,
the Planning Commission considered Conditional Use Permit No.
2003 -03 on the application of Wireless Facilities, Inc.
requesting approval of a wireless communication facil_ty.
consisting of twelve (12) antennas with four (4) antennas per
sector, to be located on an existing seventy five foot (75')
high Southern California Edison (SCE) tower with supporting
equipment in a seventeen -foot by twelve -foot (17' x 12')
prefabricated underground vault, located eighty feet (80') west
of the existing SCE tower; and
WHEREAS, at its meeting of April 6, 2004, the Planning
Commission considered the agenda report and any suppiements
thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against
the proposal and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community
Development Director's determination that this project is
Categorically Exempt from the provisions of CEQA pursuant to
Section 15303 as a Class 3 exemption for the construction of new
small structures or facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth above, it is determined that this
application with the attached special and standard conditions,
meets the requirements of the City of Moorpark Municipal Code
Section 17.44.040 in that:
PC ATTACHMENT 3
\ \MOR_PPi SF.RV \City Share \Community Development \DEV PM':S \C U P \2003 \03 Wireless Facilities (C:nqular) \PC RESO j-. ,-
Reso 040407.doc �, of 1 a✓
Resolution No. PC -_-J4 -457
Page 2
A. The proposed use is consistent with the intent and
provisions of the City' s General Plan, and Title 17 of the
Municipal Code in that the proposed use, height, setbacks,
and improvements are consistent with City Code
requirements, when conditioned.
B. The proposed use is compatible
surrounding development because
by Southern California Edison
transmission lines and the use
designated as an appropriate lc
of cellular sites.
with the character of the
the site is currently used
for high power electrical
of utility poles has been
cation for the cohabitation
C. -The proposed use is compatible with the scale, visual
character and design of the surrounding properties, in that
it is designed so as not to detract from the physical and
visual quality of the community. The color of the antennae
is proposed to be painted to blend in with the existing SCE
structure. In addition, the proposed equipment cabinets
and fencing will be painted to blend into the surroundings.
D. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses, as the
proposed use is designed to blend in with the colors of the
terrain and the existing high power transmission line.
E. The proposed use will not be detrimental to the public
interest, health, safety, convenience, or welfare, as the
project has been conditioned to protect the public's health
and safety.
SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the
information set forth above, it is determined that this
application with the attached special and standard conditions,
meets the requirements of the City of Moorpark Municipal Code
Section 17.42.060 in that:
A. The proposed facility will not create any significant
blockage to public views, as the cellular facility will be
placed on an existing electrical transmission tower.
B. The proposed facility will enhance communication services
to the City due to its ability to provide increased
communication capabilities.
C. The proposed facility will be aesthetically integrated into
its surrounding land uses and natural environment, since it
will be painted to blend into the existing electrical
transmission tower.
���fa0- a
Resolution No. PC -_J04 -457
Page 3
D. The proposed facility will comply with FCC regulations
regarding interference wits the reception or transmission
of other wireless service signals within the City and
surrounding community.
E. The proposed facility will operate in compliance with all
other applicable Federal regulations for such facilities,
including safety regulations, as Cingular operates its
wireless network in compliance with its FCC license and I
rules and regulations concerning frequency emissions and /or
radio frequency interference. The transmission densities
emanating from the facility will not exceed current
American National Standards Institute (ANSI) recommended
maximum exposure levels for wireless transmission
frequencies which do not have the potential to
significantly impact the community. In all cases, Effective
Radiated Power (ERP), and its associated electromagnetic
(EM) radiation power densities are a small fraction of the
maximum permissible exposure set by ANSI, or the more
restrictive exposure standard put forth by the National
Commission on Radiation, Protection and Measurement (NCRP).
F. The public need for the use of the facility has been
documented by the applicant and verified by City staff to
be consistent with California law in that the proposed cell
site will provide a substantial increase in the coverage
area (an increase from weak coverage to good coverage in
the target area).
G. The applicant will provide at its own expense a field
survey or other method consistent with Federal law to
provide written verification that the Facility is in
compliance with applicable Federal regulations regarding
electromagnetic frequency emissions. This radio - frequency
(RF) report shall also include signal strength exhibits,
including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to
the City upon request, not to exceed one (1) such request
in any 24 -month period.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2003 -03
subject to the Special and Standard Conditions of Approval found
in Exhibit A attached.
Resolution No. PC -.. J4 -457
Page 4
SECTION 4. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES: Commissioners DiCecco, Landis and Peskay, Vice
Chair Lauletta and Chair Pozza.
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 6th day of April, 2004.
Scott Poz a Chair
ATFEST :
Vunit*H y ev ,pliopment Director
Exhibit A: Special and Standard Conditions of Approval
Resolution No. PC-,j04-457
Page 5
EXHIBIT A
CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) NO. 2003 -03
SPECIAL CONDITIONS
1. The applicant shall allow the City to co- locate a radio
antenna on the structure and place associated equipment and
electronics within or on the equipment enclosure, at no
cost, so long as this is done for City purposes at the
expense of the City, there is no interference with the
operation of the primary equipment, and that security and
access are feasible.
2. Prior to approval of a Zoning Clearance, the antenna shall
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ATTEST:
/B r r H n
om un .r y.. Qy .opmpant Director-
Exhibit A: Special and Standard Conditions of Approval
Resolution No. PC J4 -457
Page 6
building permits or inaugurating construction. The request
for extension of this permit shall be made in writing, at
least thirty ( 30 ) days prior to the expiration date of the
permit.
3. .The Conditions of Approval of this permit, City of Moorpark
Municipal Code and adopted City policies at the time of the
permit approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on 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. If any architectural or historical finds are uncovered
during grading or excavation operations, ali grading or
excavation shall cease in the immediate area and the find
shall be left untouched. The applicant shall assure the
preservation of the site and immediately contact the
Community Development Director informing the Director of
the find. The applicant shall be required to obtain the
services of a qualified paleontologist or archeologist,
whichever is appropriate to recommend disposition of the
site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The
applicant shall pay for all costs associated with the
investigation and disposition of the find.
6. The applicant shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the permit, which claim, action or proceeding is
brought within the time period provided therefore in
Government Code Section 66499.37. The City will promptly
notify the 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:
Resolution No. PC- 04 -457
Page 7
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceedina
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 building permit is
ultimately obtained, or final occupancy is ultimately
granted with respect to the permit.
7. 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.
FEES
8. Entitlement Processing: Prior to the acceptance of any
Zoning Clearance, entitlement, building permit, grading
permit, or advanced grading permit, the applicant shall
submit to the Community Development Director, all
outstanding entitlement case processing fees including all
applicable City legal service fees. This payment shall be
made within sixty (60) calendar days of approval of this
permit.
9. Capital Improvements, Facilities, and Processing: Prior rc
the issuance of a Zoning Clearance for grading the
applicant shall submit to the Community Development
Director the capital improvement, development, and
processing fees at the current rate in effect. Said fees
include but are not limited to Library Facilities, Police
Facilities, Fire Facilities, entitlement processing,
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.
10. Electronic Conversion: Prior to or concurrently with the
approval of the Final Map, the applicant shall submit to
the City Engineer and the Building Official the City's
electronic image conversion fee for the Final
Map /improvement plans and building permit /plans or other
plans as determined by the Community Development
Department.
Resolution No. PC -._J4 -457
Page 8
11. Condition Compliance: Prior to the issuance of any Zoning
Clearance for construction, the applicant shall submit to
the Community Development Department the Condition
Compliance review fee.
B. Please contact the PLANNING DIVISION for compliance with
the following conditions:
OPERATIONAL CHARACTERISTICS
12. Prior to the issuance of a Zoning Clearance for
construction, the applicant shall submit all construction
plans for review and approval by the Planning Division.
13. This facility is approved as an unmanned operation.
Following construction of the facility, traffic generated
by this use shall be limited to periodic and emergency
maintenance of the facility.
LANDSCAPING
14. Prior to operation of the use, the applicant shall replace
at the applicant's expense, any vegetation or landscaping
removed or damaged as a result of the installation or
operation of this facility. The replacement shall be to
the satisfaction of the Community Development Director.
15. Prior to the issuance of a Zoning Clearance for
construction, a Landscape Plan shall be submitted to the
Planning Division for review and approval by the Community
Development Director. The applicant shall pay any cost of
landscape plan review at the time of submittal.
Landscaping shall be provided to screen any equipment
associated with this communications facility.
16. In the event that the uses for which this Conditional Use
Permit are approved, is determined to be abandoned, the
City of Moorpark may, at its discretion, initiate
revocation procedures for cause per the provisions of
Section 17.44.080. For purposes of this condition,
"abandoned" shall mean a cessation of a business or
businesses which would render the use unavailable to the
public for a period of 180 or more consecutive days.
Initiation of revocation procedures may result in the
revocation of the permit or modification of the permit
based upon the evidence presented at the hearing. A
surety, in an amount subject to the review and approval of
the Community Development Director, shall be provided to
QlWtW`
Resolution No. PC- 04 -457
Page 9
the City prior to the approval of a Zoning Clearance for
construction, to guarantee removal of equipment a�
structures, if the City determines the facility to to
abandoned and /or a public nuisance.
17. Removal or relocation of any and all of the facilities
shall be at the facility owner's expense, and at no cost to
the City. Should the facility be removed or relocated by
the City, the facility owner hereby waives any claims,
damage, or loss (including, but not limited to,
consequential damages) resulting from the city's removal or
relocation of the facility.
18. The applicant will provide, at its own expense, a field
survey or other method consistent with Federal law to
provide written verification that the facility is in
compliance with applicable Federal regulations regarding
electromagnetic frequency emissions. This radio - frequency
(RF) report shall also include signal strength exhibits,
including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to
the City upon request, not to exceed one (1) such request
in any 24 -month period.
19. The facility shall be removed at the owner's expense when a
City- approved project requires relocation or under
grounding of the utility structure on which the facility is
mounted. If the facility owner refuses to remove the
facility, the owner shall reimburse the City for city costs
and expenses to remove the facility. The applicant waives
any claims, damage, or loss (including, but not limited to,
consequential damaqes) resultinq from the Citv's removal or
_v %On asy 4. VAALLL L- LWA1.7.
7n ni Gt `14(JULparK iilay, Cf L aiscretion, initlate
Levocation procedures for cause per the provisions of
,SeQ -ti -on _..1..7 4.4 U ... -For �zrYr�sQ� _of... . ;- ds_...ccnd ,t cnr
"abandoned" shall mean a cessation of a business or
businesses which would render the use unavailable to the
public for a period of 180 or more consecutive days.
Initiation of revocation procedures may result in the
revocation of the permit or modification of the permit
based upon the evidence presented at the hearing. A
surety_, in an amount subject to the review and a_QoiEgy l _of
the Community Development Director, shall be Jprovided to
Resolution No. PC J4 -457
Page 10
Emergency Management Agency (FEMA) regulations and
requirements. Prior to the issuance of a grading permit
all necessary calculations shall be submitted to the City
and any governing Federal agency for review and approval.
-End-
RESOLUTION NO. PC -2005-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO.
1 TO CONDITIONAL USE PERMIT NO. 2002 -03 AND
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO.
2003 -03 FOR WIRELESS FACILITIES LOCATED WITHIN THE
SOUTHERN CALIFORNIA EDISON PROPERTY, SOUTH OF
TIERRA REJADA ROAD AND SOUTHWEST OF BROOKHURST
COURT, ON THE APPLICATION OF INFRANEXT, INC. FOR
CINGULAR WIRELESS
WHEREAS, at a duly noticed public hearing on September 27,
2005, the Planning Commission considered Modification No. 1 to
Conditional Use Permit (CUP) No. 2002 -03 and Modification No. 1 to
Conditional Use Permit No. 2003 -03, on the application of
Infranext, Inc. for Cingular Wireless, to increase the size of two
microwave dishes to four (4) feet in diameter and for additional
grading for the construction of a wireless communication facility
located within the Southern California Edison property, south of
Tierra Rejada Road and southwest of Brookhurst Court.
considered public testimony both for and against the application
and reached a decision on this matter; and
p��r.0L
Resolution No. PC 2005 -
Page 2
site will be restored to its original state after construction
has been completed.
C. The proposed changes to the projects would not change any of
the findings contained in the environmental documentation
prepared for Conditional Use Permit No. 2002 -03 and
Conditional Use Permit No. 2003 -03 in that the projects
involve the construction of small structures and would
continue to be categorically exempt from environmental review
under Section 15303 of the California Code of Regulations.
SECTION 2. PLANNING COMMISSION APPROVAL: The Planning
Commission hereby approves Modification No.1 to Conditional Use
Permit No. 2002 -03 and Modification No. 1 to Conditional Use Permit
No. 2003 -03 subject to the Special and Standard Conditions of
�pG'��v�11�,1C.'rl 13�PE..ZL' 1Fx13.1�Z1� A..���P i�,a 1 ..c�,nc� ��tanE�d��,.COI1�3i tZen`..of
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action with the foregoing direction was a�vroved by the
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and reached a decision on this matter; and
WHEREAS, the Planning_ Commission concurs with the _Community
facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. MODIFICATION FINDINGS: Based upon the information
set forth above, it is determined that this application with the
attached conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.44.100 (A)(2) in that:
A. The proposed changes to the projects approved under
Conditional Use Permit No. 2002 -03 and Conditional Use Permit
No. 2003 -03 are not substantial or fundamental changes to the
approved entitlements or uses in that locations and uses of
the projects have not changed.
B. The proposed changes to the projects would not have a
substantial adverse impact on surrounding properties in that
PC ATTACHMENT 4
Resolution No_ PC 2005-
Resolution No. PC 2005 -
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2002 -03
AND
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2003 -03
1. These Modifications to Conditional Use Permit Nos. 2002 -03 and
elevations, except or unless indicated otherwise, by
conditions within this resolution.
2. All conditions of approval of Resolution No. PC- 2003 -440 and
PC- 2003 -457 shall continue to apply unless modified by this
Approval) i auuaUlleu Ullu 1llUULPULdl.eu lleLelil Qy LeLCLe11Ce.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
—ehali -^-Q= =�lr �„r,� t�;s3. �r?��1��^ ,.^� •• ru
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
Tile dcLiuri -wit -ir • -tlie- foregping- d re�_-:tion was approved by .-the
following roll call vote:
AYES:
1VVt;5:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED THIS 27th day of September, 2005.
Scott Pozza, Chair
ATTEST:
Rarry K Rnaan
Community Development Director
Exhibit A: Conditions of Approval
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GRADING PLAN
ITEM: 8.F.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Director
DATE: September 21, 2005 (PC Meeting of 09/27/05)
SUBJECT: Consider Development Agreement No. 2004 -02 between the
City of Moorpark and Warehouse Discount Center in
connection with General Plan Amendment No. 2004 -04 and
Commercial Planned Development Permit No. 2004 -03 for the
Property Located on the East Side of SR 23, Immediately
North of New Los Angeles Avenue (Lot 1 of Tract 5004)
BACKGROUND /DISCUSSION
before the City Council at its October 5, 2005 meeting.
ITEM: 8.F.
Honorable Planning Commission
September 27, 2005
Page 2
recommended modifications into the proposed design. The Planning
Commission recommendation on these entitlements will be considered
FROM: Barry R. Hogan, Community Development 2J�lf
DATE: September 21, 2005 (PC Meeting of 09/27/05)
SUBJECT: Consider Development Agreement No. 2004 -02 between the
City of Moorpark and Warehouse Discount Center in
connection with General Plan Amendment No. 2004 -04 and
Commercial Planned Development Permit No. 2004 -03 for the
Property Located on the East Side of SR 23, Immediately
On September 7, 2005, the City Council considered the
recommendation of its Ad Hoc Committee (Councilmembers Parvin and
Millhouse) regarding a Development Agreement for a Warehouse
Discount Center store and distribution facility. The Council, upon
recommendation of the Ad Hoc Committee, directed staff to advertise
a public hearing on the Development Agreement before the Planning
Commission for its September 27, 2005 meeting and concurrently
advertise a public hearing on the Commission's recommendation
before the City Council at its October 5, 2005 meeting.
This Development Agreement is the City's first commercial
development agreement and as such does not contain any affordable
housing requirement. It does however contain guarantees of sales
tax over time. As with all of the City's development agreements, a
standard format has been utilized, making slight adjustments to
suit the particular project. The substance of what the developer
will do for the City is contained within Section 6 and the
substance of what the City will do for the developer is contained
within Section 7.
This project also requires a General Plan Amendment application to
amend text in the Land Use Element to allow for commercial
distribution and warehousing in the General Commercial land use
designation, a Commercial Planned Development (CPD) application for
a 115,000 sq. ft and 17,500 sq. ft. one -story commercial building,
\ \Mor_pri_sery \City Share \Community Development \DEV PMTS \C P D \2004 -03 Warehouse Disco u t
Ctr \Agenda Rpts \PC 050927.doc 6 vd, o`.'F
ssion Honorable Planning Commi
September 27, 2005
Page 2
Honorable Planning Commission
September 27, 2005
Page 3
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 approval of Development Agreement No. 2004 -02.
ATTACHMENTS:
1. Location Map
2. Resolution No. PC -2005- with Draft Development Agreement
Z
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NORTH
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PC ATTACHMENT 1
C.:
RESOLUTION NO. PC -2005-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF MOORPARK AND WAREHOUSE DISCOUNT CENTERS
FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2004 -03
WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1,
Title 7 of the State Planning and Zoning Law provides that cities
may enter into contractual obligations known as Development
Agreements with persons having equitable interest in real property
for development of that property; and
WHEREAS, the owners of the land with an application for
Commercial Planned Development No. 2004 -03 have applied to the City
of Moorpark to seek a Development Agreement with the City pursuant
to Chapter 15.40 of the Moorpark Municipal Code; and
WHEREAS, the Planning Commission of the City of Moorpark has
previously reviewed the Mitigated Negative Declaration, General
Plan Amendment, Commercial Planned Development and Conditional Use
Permit requests and recommended to the City Council approval of
said requests; and
WHEREAS, the Mitigated Negative Declaration prepared for
General Plan Amendment No. 2004 -04, Commercial Planned Development
No. 2004 -03, and Conditional Use Permit 2005 -04 is sufficient
environmental documentation for the Development Agreement, since
the Development Agreement relates to providing for the financing
and or construction of various improvements and facilities relating
to the project area that have already been addressed by the
Mitigated Negative Declaration for the project; and
WHEREAS, the City Council desires that the Planning Commission
evaluate and provide recommendations for revision, denial and /or
approval of a Development Agreement between the City and owners,
and has provided the Commission with true copies of the Development
Agreement; and
WHEREAS, a duly noticed public hearing wa
Planning Commission on September 27, 2005,
Development Agreement and to accept public
thereto; and
PC ATTACHMENT 2
s conducted by the
to consider the
testimony related
�`��:0Q
Resolution No. PC -2005-
Page No. 2
WHEREAS, the Planning Commission has considered all points of
public testimony relevant to the Development Agreement and has
given careful consideration to the content of the Development
Agreement.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The potential
environmental impacts concerning this Development Agreement relates
to and would provide for financing and construction of various
improvements and facilities relating to the project area which have
already been addressed by the Mitigated Negative Declaration
prepared for the General Plan Amendment, Zone Change, Conditional
Use Permit and Commercial Planned Development Permit.
SECTION 2. RECOMMENDATION: The Planning Commission recommends
that the City Council approve Development Agreement No. 2004 -02 in
the form and content presented to the Planning Commission on
September 27, 2005.
SECTION 3. DOCUMENTS TO CITY COUNCIL: A copy of this
resolution, documents furnished by the public, and minutes of the
public hearing shall be furnished to the City Council.
SECTION 4. FILING OF RESOLUTION: 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.
2005.
PASSED, APPROVED, AND ADOPTED this 27th day of September,
AYES:
NOES:
ABSTAINED:
ABSENT:
Scott Pozza, Chair
ATTEST:
Barry K. Hogan,
Community Development Director
Recording Requested By
And When Recorded Return to:
CITY CLERK
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, California 93021
EXEMPT FROM RECORDER'S FEES
Pursuant to Government Code
§ 6103
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF MOORPARK
AND
WAREHOUSE DISCOUNT CENTERS
OPCOSt�,
..v
THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS
OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO
THE REQUIREMENTS OF GOVERNMENT CODE §65868.5
DEVELOPMENT AGREEMENT
This Development Agreement ( "the Agreement ") is made and
entered into on, by and between the CITY OF MOORPARK, a municipal
corporation, (referred to hereinafter as "City ") and, the owner of
real property within the City of Moorpark generally referred to as
Commercial Planned Development 2004 -03, Lot 1 of Tract 5004
(referred to hereinafter individually as "Developer "). City and
Developer are referred to hereinafter individually as "Party" and
collectively as "Parties." In consideration of the mutual covenants
and agreements contained in this Agreement, City and Developer agree
as follows:
1. Recitals. This Agreement is made with respect to the
following facts and for the following purposes, each of
which is acknowledged as true and correct by the Parties:
1.1. Pursuant to Government Code Section 65864 et sec.. and
Moorpark Municipal Code chapter 15.40, City is
authorized to enter into a binding contractual
agreement with any person having a legal or equitable
interest in real property within its boundaries for
the development of such property in order to
establish certainty in the development process.
1.2. Prior to approval of this Agreement the City Council
of City ( "the City Council ") approved General Plan
Amendment No. 2004 -04 ("GPA 2004 -04 "), for
approximately 8.15 acres of land within the City
( "the Property "), as more specifically described in
Exhibit "A" attached hereto and incorporated herein.
1.3. Conditional Use Permit 2005 -04 (CUP 2005 -04) and
Commercial Planned Development Permit No. 2004 -03
(CPD 2004 -03) [collectively "the Project Approvals ";
individually "a Project Approval "] provides for the
development of the Property and the construction of
certain off -site improvements in connection therewith
( "the Project ") .
1.4. By this Agreement, City desires to obtain the binding
agreement of Developer to develop the Property in
accordance with the Project Approvals and this
Agreement. In consideration thereof, City agrees to
limit the future exercise of certain of its
-2- p 0C�,r�
v �
governmental and proprietary powers to the extent
specified in this Agreement.
1.5. By this Agreement, Developer desires to obtain the
binding agreement of City to permit the development
of the Property in accordance with the Project
Approvals and this Agreement. Developer anticipates
developing the Property over a maximum of two (2)
years. In consideration thereof, Developer agrees
to waive its rights to legally challenge the
limitations and conditions imposed upon the
development of the Property pursuant to the Project
Approvals and this Agreement and to provide the
public benefits and improvements specified in this
Agreement.
1.6. City and Developer acknowledge and agree that the
consideration that is to be exchanged pursuant to
this Agreement is fair, just and reasonable and that
this Agreement is consistent with the General Plan
of City, as amended by GPA 2004 -04.
1.7 City and Developer acknowledge and agree that the
provisions of the Development Agreement adopted
through Ordinance 220 for the Special Devices,
Incorporated project will continue to be met, unless
modified by this Agreement as long as the
Development Agreement adopted by Ordinance remains
in effect.
1.8. On September 27, 2005, the Planning Commission of
City commenced a duly noticed public hearing on this
Agreement, and at the conclusion of the hearing
recommended approval of the Agreement.
1.9. On, , 2005 the City Council commenced a
duly noticed public hearing on this Agreement, and
at the conclusion of the hearing on , 2005
approved the Agreement by Ordinance No.
( "the Enabling Ordinance ").
2. Property Subject To This Agreement. All of the Property
shall be subject to this Agreement. The Property may also
be referred to hereinafter as "the site" or "the Project ".
3. Binding Effect. The burdens of this Agreement are binding
upon, and the benefits of the Agreement inure to, each Party
and each successive successor in interest thereto and
constitute covenants that run with the Property. Whenever
the terms "City" and "Developer" are used herein, such terms
shall include every successive successor in interest
-3-
thereto, except that the term "Developer" shall not include
the purchaser or transferee of any lot within the Project
that has been fully developed in accordance with the Project
Approvals and this Agreement.
3.1. Constructive Notice and Acceptance. Every person who
acquires any right, title or interest in or to any
portion of the Property in which a Developer has a
legal interest is, and shall be, conclusively deemed
to have consented and agreed to be bound by this
Agreement, whether or not any reference to the
Agreement is contained in the instrument by which
such person acquired such right, title or interest.
3.2. Release Upon Transfer. Upon the sale or transfer of
any of Developer's interest in any portion of the
Property, that Developer shall be released from its
obligations with respect to the portion so sold or
transferred subsequent to the operative date of the
sale or transfer, provided that the Developer (i) was
not in breach of this Agreement at the time of the
sale or transfer and (ii) prior to the sale or
transfer, delivered to City a written assumption
agreement, duly executed by the purchaser or
transferee and notarized by a notary public, whereby
the purchaser or transferee expressly assumes the
obligations of Developer under this Agreement with
respect to the sold or transferred portion of the
Property. Failure to provide a written assumption
agreement hereunder shall not negate, modify or
otherwise affect the liability of the purchaser or
transferee pursuant to this Agreement. Nothing
contained herein shall be deemed to grant to City
discretion to approve or deny any such sale or
transfer, except as otherwise expressly provided in
this Agreement.
4. Development of the Property. The following provisions
shall govern the development and use of the Property.
4.1. Permitted Uses. The permitted and conditionally
permitted uses of the Property shall be limited to
those that are allowed by the Project Approvals and
this Agreement.
4.2. Development Standards. All design and development
standards, including but not limited to density or
intensity of use and maximum height and size of
buildings, that shall be applicable to the Property
are set forth in the Project Approvals and this
Agreement.
-4-
4.3. Building Standards. All construction on the Property
shall adhere to the Uniform Building Code, including
the Fire Resistive Design Manual, the National
Electrical Code, the Uniform Plumbing Code, the
Uniform Mechanical Code, the Uniform Housing Code,
the Uniform Code for the Abatement of Dangerous
Buildings, the Uniform Code for Building Conservation
and the Uniform Administrative Code in effect at the
time the plan check or permit is approved and to any
federal or state building requirements that are then
in effect (collectively "the Building Codes ").
4.4. Reservations and Dedications. All reservations and
dedications of land for public purposes that are
applicable to the Property are set forth in the
Project Approvals and this Agreement.
5. Vesting of Development Rights.
5.1. Timing of Development. In Pardee Construction Co. v.
City of Camarillo, 37 Cal.3d 465 (1984), the
California Supreme Court held that the failure of the
parties therein to provide for the timing or rate of
development resulted in a later- adopted initiative
restricting the rate of development to prevail
against the parties' agreement. City and Developer
intend to avoid the result in Pardee by acknowledging
and providing that Developer shall have the right,
without obligation, to develop the Property in such
order and at such rate and times as Developer deems
appropriate within the exercise of its subjective
business judgment.
In furtherance of the Parties intent, as set forth in
this subsection, no future amendment of any existing
City ordinance or resolution, or future adoption of
any ordinance, resolution or other action, that
purports to limit the rate or timing of development
over time or alter the sequencing of development
phases, whether adopted or imposed by the City
Council or through the initiative or referendum
process, shall apply to the Property provided the
Property is developed in accordance with the Project
Approvals and this Agreement. Nothing in this
subsection shall be construed to limit City's right
to insure that Developer timely provides all
infrastructure required by the Project Approvals,
Subsequent Approvals, and this Agreement.
5.2. Amendment of Project Approvals. No amendment of any
of the Project Approvals, whether adopted or approved
by the City Council or through the initiative or
referendum process, shall apply to any portion of the
Property, unless the Developer has agreed in writing
to the amendment.
5.3. Issuance of Subsequent Approvals. Applications for
land use approvals, entitlements and permits,
including without limitation subdivision maps (e.g.
tentative, vesting tentative, parcel, vesting parcel,
and final maps), subdivision improvement agreements
and other agreements relating to the Project, lot
line adjustments, preliminary and final planned
development permits, use permits, design review
approvals (e.g. site plans, architectural plans and
landscaping plans) , encroachment permits, and sewer
and water connections that are necessary to or
desirable for the development of the Project
(collectively "the Subsequent Approvals ";
individually "a Subsequent Approval ") shall be
consistent with the Project Approvals and this
Agreement. For purposes of this Agreement,
Subsequent Approvals do not include building permits.
Subsequent Approvals shall be governed by the Project
Approvals and by the applicable provisions of the
Moorpark General Plan, the Moorpark Municipal Code
and other City ordinances, resolutions, rules,
regulations, policies, standards and requirements as
most recently adopted or approved by the City Council
or through the initiative or referendum process and
in effect at the time that the application for the
Subsequent Approval is deemed complete by City
(collectively "City Laws "), except City Laws that:
(a) change any permitted or conditionally permitted
uses of the Property from what is allowed by the
Project Approvals;
(b) limit or reduce the density or intensity of the
Project, or any part thereof, or otherwise require
any reduction in the number of proposed buildings or
other improvements from what is allowed by the
Project Approvals.
(c) limit or control the rate, timing, phasing or
sequencing of the approval, development or
construction of all or any part of the Project in any
manner, provided that all infrastructure required by
the Project Approvals to serve the portion of the
Property covered by the Subsequent Approval is in
place or is scheduled to be in place prior to
completion of construction;
(d) are not uniformly applied on a City -wide basis
to all substantially similar types of development
projects or to all properties with similar land use
designations;
(e) control residential rents;
(f) prohibit or regulate development on slopes with
grades greater than 20 percent, including without
limitation Moorpark Municipal Code Chapter 17.38 or
any successor thereto, within the Property; or
(g) modify the land use from what is permitted by
the City's General Plan Land Use Element at the
operative date of this Agreement or that prohibits or
restricts the establishment or expansion of urban
services including but not limited to community sewer
systems to the Project.
5.4. Term of Subsequent Approvals. The term of any tentative map
for the Property, or any portion thereof, shall expire ten
(10) years after its approval or conditional approval or
upon the expiration or earlier termination of this
Agreement, whichever occurs first, notwithstanding the
provisions of Government Code Section 66452.6(a) or the fact
that the final map may be filed in phases. Developer hereby
waives any right that it may have under the Subdivision Map
Act, Government Code Section 66410 et seq., or any successor
thereto, to apply for an extension of the time at which the
tentative map expires pursuant to this subsection. No
portion of the Property for which a final map or parcel map
has been recorded shall be reverted to acreage at the
initiative of City during the term of this Agreement.
The term of any Subsequent Approval, except a tentative map
or subdivision improvement or other agreements relating to
the Project, shall be one year; provided that the term may
be extended by the decision maker for two (2) additional one
(1) year periods upon application of the Developer holding
the Subsequent Approval filed with City's Department of
Community Development prior to the expiration of that
Approval. Each such Subsequent Approval shall be deemed
inaugurated, and no extension shall be necessary, if a
building permit was issued and the foundation received final
inspection by City's Building Inspector prior to the
expiration of that Approval.
-7-
0 1C '1
�As�s . 1.
It is understood by City and Developer that certain
Subsequent Approvals may not remain valid for the term of
this Agreement. Accordingly, throughout the term of this
Agreement, any Developer shall have the right, at its
election, to apply for a new permit to replace a permit that
has expired or is about to expire.
5.5. Modification Of Approvals. Throughout the term of
this Agreement, Developer shall have the right, at
its election and without risk to or waiver of any
right that is vested in it pursuant to this section,
to apply to City for modifications to Project
Approvals and Subsequent Approvals. The approval or
conditional approval of any such modification shall
not require an amendment to this Agreement, provided
that, in addition to any other findings that may be
required in order to approve or conditionally approve
the modification, a finding is made that the
modification is consistent with this Agreement.
5.6. Issuance of Building Permits. No building permit,
final inspection or certificate of occupancy will be
unreasonably withheld from Developer if all
infrastructure required by the Project Approvals,
Subsequent Approvals, and this Agreement to serve the
portion of the Property covered by the building
permit is in place or is scheduled to be in place
prior to completion of construction and all of the
other relevant provisions of the Project Approvals,
Subsequent Approvals and this Agreement have been
satisfied. Consistent with subsection 5.1 of this
Agreement, in no event shall building permits be
allocated on any annual numerical basis or on any
arbitrary allocation basis.
5.7. Moratorium on Development. Nothing in this Agreement
shall prevent City, whether by the City Council or
through the initiative or referendum process, from
adopting or imposing a moratorium on the processing
and issuance of Subsequent Approvals and building
permits and on the finalizing of building permits by
means of a final inspection or certificate of
occupancy, provided that the moratorium is adopted or
imposed (i) on a City -wide basis to all substantially
similar types of development projects and properties
with similar land use designations and (ii) as a
result of a utility shortage or a reasonably
foreseeable utility shortage, including without
limitation a shortage of water, sewer treatment
capacity, electricity or natural gas.
6. Developer Agreements.
6.1. Developer shall comply with (i) this Agreement, (ii)
the Project Approvals, (iii) all Subsequent Approvals
for which it was the applicant or a successor in
interest to the applicant and (iv) the MMRP of the
previously certified EIR for the Special Devices
Incorporated project and any subsequent or
supplemental environmental actions.
6.2. All lands and interests in land dedicated to City
shall be free and clear of liens and encumbrances
other than easements or restrictions that do not
preclude or interfere with use of the land or
interest for its intended purpose, as reasonably
determined by City.
6.3. As a condition of the issuance of a building permit
for each commercial or institutional use within the
boundaries of the Property, Developer shall pay City
a development fee as described herein (the
"Development Fee "). The Development Fee may be
expended by City in its sole and unfettered
discretion. On the operative date of this Agreement,
the amount of the Development Fee shall be Forty
Thousand Twenty -Eight Dollars ($40,028.00) per gross
acre of commercial or institutional land on which the
commercial or institutional use is located. The fee
shall be adjusted annually commencing one (1) year
after the first building permit is issued within CPD
2004 -03 by any increase in the Consumer Price Index
(CPI) until all fees have been paid. The CPI
increase shall be determined by using the information
provided by the U.S. Department of Labor, Bureau of
Labor Statistics, for all urban consumers within the
Los Angeles /Anaheim /Riverside metropolitan area
during the prior year. The calculation shall be made
using the month which is four (4) months prior to the
month in which the first building permit is issued
within CPD 2004 -03 (e.g., if the permit issuance
occurs in October, then the month of June is used to
calculate the increase) . In the event there is a
decrease in the referenced Index for any annual
indexing, the Development Fee shall remain at its
then current amount until such time as the next
subsequent annual indexing which results in an
increase.
6.4. As a condition of the issuance of a building permit
for each commercial or institutional use within the
boundaries of the Property, Developer shall pay City
a traffic mitigation fee as described herein
( "Citywide Traffic Fee "). The Citywide Traffic Fee
may be expended by City in its sole and unfettered
discretion. On the operative date of this Agreement,
the amount of the Citywide Traffic Fee shall be
Twenty -Two Thousand, Eight Hundred Thirty -Eight
Dollars ($22,838.00) per acre of commercial or
institutional land on which the commercial or
institutional use is located. Commencing on January
1, 2006, and annually thereafter, the contribution
amount shall be increased to reflect the change in
the Caltrans Highway Bid Price Index for Selected
California Construction Items for the twelve (12)
month period available on December 31 of the
preceding year ( "annual indexing "). In the event
there is a decrease in the referenced Index for any
annual indexing, the current amount of the fee shall
remain until such time as the next subsequent annual
indexing which results in an increase.
In the event the Caltrans Highway Bid Price Index
is discontinued or revised, such successor index
with which it is replaced shall be used in order to
obtain substantially the same result as would
otherwise have been obtained if the index had not
been discontinued or revised.
6.5. On the operative date of this Agreement, Developer
shall pay all outstanding City processing costs
related to preparation of this Agreement and Project
Approvals.
6.6. Prior to the issuance of the building permit for each
commercial or institutional building within the
Property, Developer shall pay a fee for acquisition
of parkland and related improvements (Park Fee). On
the operative date of this Agreement, the amount of
the Park Fee shall be Fifty Cents ($.50) per square
foot of each building used for commercial or
institutional purposes within the Property. The fee
shall be adjusted annually commencing one (1) year
after the first commercial or institutional building
permit is issued within CPD 2004 -03 by any increase
in the Consumer Price Index (CPI) until all fees have
been paid. The CPI increase shall be determined by
using the information provided by the U.S. Department
of Labor, Bureau of Labor Statistics, for all urban
consumers within the Los Angeles /Anaheim /Riverside
metropolitan area during the prior year. The
calculation shall be made using the month which is
four (4) months prior to the month in which the first
commercial or institutional building permit is issued
within CPD 2004 -03 (e.g., if the permit issuance
occurs in October, then the month of June is used to
calculate the increase) . In the event there is a
decrease in the referenced Index for any annual
indexing, the Park Fee shall remain at its then
current amount until such time as the next subsequent
annual indexing which results in an increase.
6.7. Developer agrees, after approval of landscaping and
irrigation plans by the City, at its sole cost and
expense, to landscape and maintain those areas under
the freeway bridge along the north and south sides of
New Los Angeles Avenue; the area on the north side of
New Los Angeles Avenue along the entire reach of the
Caltrans right -of -way, and the Caltrans right -of -way
along the southern boundary of the site. Said
landscaping shall be installed prior to the occupancy
of the first commercial or institutional building and
to be designed and installed to the satisfaction of
the Community Development Director and the City
Engineer. If approved by Caltrans, the developer
shall remove the existing chainlink fencing at the
top of the slope and install a six foot (6') high
decorative tubular steel fence with block pilasters.
Developer agrees to landscape and maintain, at its
sole cost and expense, the Caltrans right -of -way
along the southern boundary of the site. If approved
by Caltrans the developer shall remove the existing
chainlink fencing and install a six (6) foot high
decorative tubular steel fence with block pilasters
at the top of the slope.
6.8. Developer warrants that the total gross taxable sales
in the first year of operation will be Seven Million
Dollars ($7,000,000.00) per annum, in the second year
of operation the total gross taxable sales will be
Eight Million Dollars ($8,000,000.00), in the third
year of operation the total gross taxable sales will
be Nine Million Dollars ($9,000,000.00), in the
fourth, fifth, sixth, seventh, eighth, ninth and
tenth year of operation the total gross taxable sales
will be Ten Million Dollars ($10,000,000.00) for each
year. The first year shall start twelve (12) months
after the date of initial occupancy of Warehouse
Discount Center, including conditional occupancy,
which allows for the operation of Warehouse Discount
Center. For example if initial occupancy occurs on
February 1, 2006 the first year shall start on
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February 1, 2007. If the date of initial occupancy
does not start on the first day of a calendar month,
then for purposes of this section, the first month of
the twelve (12) month period shall be on the first
day of the following month. For example, if initial
occupancy occurs on February 3, 2007, the start date
of the monthly fee calculation shall be March 1,
2007.
Should the annual total gross taxable sales from the
Warehouse Discount Center not reach the annual amount
for any year in the first ten years of operation the
Developer shall pay the City the difference in total
gross taxable sales times 0.0075 (e.g., if the gross
receipts in the first year are $6,000,000.00 instead
of $7,000,000.00 then Developer would pay City
$7,500.00 ($1,000,000.00 x .0075). This fee shall be
paid for each year that the total gross taxable sales
are not met. The fee shall be paid monthly in twelve
(12) equal installments in the year following the
shortfall. This fee may be expended by the City in
its sole and unfettered discretion. If in any year
the gross taxable sales exceeds the established
annual amount the Developer will be given a credit
against future annual gross taxable sales, on a
dollar for dollar basis until such credit amount is
used to offset a shortfall in any subsequent year.
6.9. Developer agrees to pay to City an air quality
mitigation fee, as described herein (Air Quality Fee)
of Sixty Six Thousand Dollars ($66,000.00), in
satisfaction of the Transportation Demand Management
Fund mitigation requirement for the Project. The Air
Quality Fee may be expended by City in its sole
discretion for reduction of regional air pollution
emissions and to mitigate residual Project air
quality impacts.
At the time the Fee is due, City may at its sole
discretion require Developer to purchase equipment,
vehicles, or other items, contract and pay for
services, or make improvements for which Developer
shall receive equivalent credit against Air Quality
Fee payments or refund of previous payments.
The fee shall be paid prior to the occupancy of the
first building. Commencing on January 1, 2006, and
annually thereafter the Air Quality Fee shall be
adjusted by any increase in the Consumer Price Index
(CPI) until all fees have been paid. The CPI
increase shall be determined by using the information
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provided by the U.S. Department of Labor, Bureau of
Labor Statistics, for all urban consumers within the
Los Angeles /Anaheim /Riverside metropolitan area
during the prior year. The calculation shall be made
using the month of December over the prior month of
December. In the event there is a decrease in the CPI
for any annual indexing, the fee shall remain at its
then current amount until such time as the next
subsequent annual indexing which results in an
increase.
6.10. Developer shall provide an easement to the City for a
City Welcome Sign on the Project site at a location
satisfactory to the Community Development Director.
The easement shall provide for the location and
maintenance of the sign. Developer agrees to pay
$25,000 to the City for the construction and erection
of the sign. The funds may be expended by City in
its sole and unfettered discretion. The fee shall be
paid prior to occupancy of the first commercial or
institutional building. Developer agrees that design
of the sign, including the lighting, shall be at the
City's sole discretion.
6.11. Developer agrees to cast affirmative ballots for the
formation of one or more assessment districts and
levying of assessments, for the maintenance of
parkway and median landscaping, street lighting,
including but not limited to all water and
electricity costs, and if requested by the City
Council, parks for the provision of special benefits
conferred by same upon properties within the Project.
Developer further agrees to form one or more property
owner associations and to obligate said associations
to provide for maintenance of parkway and median
landscaping, street lighting, and if requested by the
City Council, parks in the event the aforementioned
assessment district is dissolved or altered in any
way or assessments are reduced or limited in any way
by a ballot election of property owners, or if the
assessment district is invalidated by court action.
Prior to occupancy of the first building for the
Property, if required by City at its sole discretion,
Developer shall also form one or more property owner
associations to assume ownership and maintenance of
open space land, trails, storm water detention and /or
debris basins and related drainage facilities,
landscaping (including landscaping within Caltrans
rights -of -way), and other amenities, and to comply
with the National Pollutant Discharge Elimination
System (NPDES) requirements of the Project. The
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00��1C`
obligation of said property owner association shall
be more specifically defined in the conditions of
approval of Commercial Planned Development 2004 -03.
6.12. In addition to fees specifically mentioned in this
Agreement, Developer agrees to pay all City capital
improvement, development, and processing fees at the
rate and amount in effect at the time the fee is
required to be paid. Said fees include but are not
limited to Library Facilities Fees, Police Facilities
Fees, Fire Facilities Fees, drainage, entitlement
processing fees, and plan check and permit fees for
buildings and public improvements. Developer further
agrees that unless specifically exempted by this
Agreement, it is subject to all fees imposed by City
at the operative date of this Agreement and such
future fees imposed as determined by City in its sole
discretion so long as said fee is imposed on
similarly situated properties.
6.13. Developer shall pay the Los Angeles Avenue Area of
Contribution (AOC) fee for each commercial and
institutional use prior to the issuance of a building
permit for each use. The AOC fee shall be the dollar
amount in effect at the time of issuance of the
building permit for each commercial or institutional
use.
6.14. Developer agrees that any fees and payments pursuant
to this Agreement shall be made without reservation,
and Developer expressly waives the right to payment
of any such fees under protest pursuant to California
Government Code Section 66020 and statutes amendatory
or supplementary thereto. Developer further agrees
that the fees it has agreed to pay pursuant to
subsections 6.3 and 6.6 of this Agreement are not
public improvement fees collected pursuant to
Government Code Section 66006 and statutes amendatory
or supplementary thereto and that for purposes of
Government Code Section 65865(e) and statutes
amendatory or supplementary thereto.
6.15. Developer agrees to comply with Section 15.40.150 of
the Moorpark Municipal Code and any provisions
amendatory or supplementary thereto for annual review
of this Agreement and further agrees that the annual
review shall include evaluation of its compliance
with the previously certified EIR for the SDI project
and approved MMRP.
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6.16. Developer agrees that any election to acquire property
by eminent domain shall be at City's sole discretion,
and only after compliance with all legally required
procedures including but not limited to a hearing on
a proposed resolution of necessity.
7. City Agreements.
7.1. City shall commit reasonable time and resources of
City staff to work with Developer on the expedited
and parallel processing of applications for
Subsequent Approvals for the Project area and shall
use overtime and independent contractors whenever
possible. Developer shall assume any risk related to,
and shall pay the additional costs incurred by City
for, the expedited and parallel processing.
7.2. If requested in writing by Developer and limited to
City's legal authority, City at its sole discretion
shall proceed to acquire, at Developer's sole cost
and expense, easements or fee title to land in which
Developer does not have title or interest in order to
allow construction of public improvements required of
Developer including any land which is outside City's
legal boundaries. The process shall generally follow
Government Code Section 66462.5 et se q. and shall
include the obligation of Developer to enter into an
agreement with City, guaranteed by cash deposits and
other security as the City may require, to pay all
City costs including but not limited to, acquisition
of the interest, attorney fees, appraisal fees,
engineering fees, City staff costs, and City overhead
expenses of fifteen percent (150) on all out -of-
pocket costs.
7.3. The City Manager is authorized to sign an early
grading agreement on behalf of City to allow rough
grading of the Project prior to completion of all
condition compliance requirements. Said early
grading agreement shall be consistent with the
conditions of approval for CPD 2004 -03 and contingent
on City Engineer and Director of Community
Development acceptance of a Performance Bond in a
form and amount satisfactory to them to guarantee
implementation of the erosion control plan and
completion of the rough grading and construction of
on -site and off -site improvements. In the case of
failure to comply with the terms and conditions of
the early grading agreement, the City Council may by
resolution declare the surety forfeited.
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7.4. City agrees that whenever possible as determined by
City in its sole discretion to process concurrently
all land use entitlements for the same property so
long as said entitlements are deemed complete.
7.5. City shall facilitate the reimbursement to Developer
of any costs incurred by Developer that may be
subject to partial reimbursement from other
developers as a condition of approval of a
development permit or development agreement with one
or more other developers.
8. Supersession of Agreement by Change of Law. In the event
that any state or federal law or regulation enacted after
the date the Enabling Ordinance was adopted by the City
Council prevents or precludes compliance with any provision
of the Agreement, such provision shall be deemed modified or
suspended to comply with such state or federal law or
regulation, as reasonably determined necessary by City.
9. Demonstration of Good Faith Compliance. In order to
ascertain compliance by Developer with the provisions of
this Agreement, the Agreement shall be reviewed annually in
accordance with Moorpark Municipal Code Chapter 15.40. of
City or any successor thereof then in effect. The failure of
City to conduct any such annual review shall not, in any
manner, constitute a breach of this Agreement by City,
diminish, impede, or abrogate the obligations of Developer
hereunder or render this Agreement invalid or void. At the
same time as the referenced annual review, City shall also
review Developer's compliance with the MMRP.
10. Authorized Delays. Performance by any Party of its
obligations hereunder, other than payment of fees, shall be
excused during any period of "Excusable Delay ", as
hereinafter defined, provided that the Party claiming the
delay gives notice of the delay to the other Parties as soon
as possible after the same has been ascertained. For
purposes hereof, Excusable Delay shall mean delay that
directly affects, and is beyond the reasonable control of,
the Party claiming the delay, including without limitation:
(a) act of God; (b) civil commotion; (c) riot; (d) strike,
picketing or other labor dispute; (e) shortage of materials
or supplies; (e) damage to work in progress by reason of
fire, flood, earthquake or other casualty; (f) failure,
delay or inability of City to provide adequate levels of
public services, facilities or infrastructure to the
Property including, by way of example only, the lack of
water to serve any portion of the Property due to drought;
(g) delay caused by a restriction imposed or mandated by a
governmental entity other than City; or (h) litigation
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brought by a third party attacking the validity of this
Agreement, a Project Approval, a Subsequent Approval or any
other action necessary for development of the Property.
11. Default Provisions.
11.1. Default by Developer. The Developer shall be deemed
to have breached this Agreement if it:
(a) practices, or attempts to practice, any fraud
or deceit upon City; or willfully violates any order,
ruling or decision of any regulatory or judicial body
having jurisdiction over the Property or the Project,
provided that Developer may contest any such order,
ruling or decision by appropriate proceedings
conducted in good faith, in which event no breach of
this Agreement shall be deemed to have occurred
unless and until there is a final adjudication
adverse to Developer; or
(b) fails to make any payments required under this
Agreement; or
(c) materially breaches any of the provisions of
the Agreement.
11.2. Default by City. City shall be deemed in breach of
this Agreement if it materially breaches any of the
provisions of the Agreement.
11.3. Content of Notice of Violation. Every notice of
violation shall state with specificity that it is
given pursuant to this subsection of the Agreement,
the nature of the alleged breach, and the manner in
which the breach may be satisfactorily cured. Every
notice shall include a period to cure, which period
of time shall not be less than ten (10) days from the
date that the notice is deemed received, provided if
the defaulting party cannot reasonably cure the
breach within the time set forth in the notice such
party must commence to cure the breach within such
time limit and diligently effect such cure
thereafter. The notice shall be deemed given on the
date that it is personally delivered or on the date
that it is deposited in the United States mail, in
accordance with Section 20 hereof.
11.4. Remedies
remedies
damages,
Agreement
for Breach. The Parties
at law, including without
would be inadequate for
by any Party due to the
acknowledge that
limitation money
breach of this
size, nature and
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scope of the Project. The Parties also acknowledge
that it would not be feasible or possible to restore
the Property to its natural condition once
implementation of the Agreement has begun.
Therefore, the Parties agree that the remedies for
breach of the Agreement shall be limited to the
remedies expressly set forth in this subsection.
Prior to pursuing the remedies set forth herein,
notice and an opportunity to cure shall be provided
pursuant to subsection 11.3 herein.
The remedies for breach of the Agreement by City
shall be injunctive relief and /or specific
performance.
The remedies for breach of the Agreement by Developer
shall be injunctive relief and /or specific
performance. In addition, if the breach is of
subsections 6.8, 6.9, 6.10, 6.11, 6.12, 6.14, 6.15,
or subsection 6.16 of this Agreement, City shall have
the right to withhold the issuance of building
permits to Developer throughout the Project from the
date that the notice of violation was given pursuant
to subsection 11.3 hereof until the date that the
breach is cured as provided in the notice of
violation.
Nothing in this subsection shall be deemed to
preclude City from prosecuting a criminal action
against any Developer who violates any City ordinance
or state statute.
12. Mortgage Protection. At the same time that City gives
notice to Developer of a breach, City shall send a copy of
the notice to each holder of record of any deed of trust on
the portion of the Property in which Developer has a legal
interest ( "Financier ") , provided that the Financier has
given prior written notice of its name and mailing address
to City and the notice makes specific reference to this
section. The copies shall be sent by United States mail,
registered or certified, postage prepaid, return receipt
requested, and shall be deemed received upon the third (3rd)
day after deposit.
Each Financier that has given prior notice to City pursuant
to this section shall have the right, at its option and
insofar as the rights of City are concerned, to cure any
such breach within fifteen (15) days after the receipt of
the notice from City. If such breach cannot be cured within
such time period, the Financier shall have such additional
period as may be reasonably required to cure the same,
provided that the Financier gives notice to City of its
intention to cure and commences the cure within fifteen (15)
days after receipt of the notice from City and thereafter
diligently prosecutes the same to completion. City shall
not commence legal action against Developer by reason of
Developer's breach without allowing the Financier to cure
the same as specified herein. Notwithstanding any cure by
Financier, this Agreement shall be binding and effective
against the Financier and every owner of the Property, or
part thereof, whose title thereto is acquired by
foreclosure, trustee sale or otherwise.
13. Estoppel Certificate. At any time and from time to time,
Developer may deliver written notice to City and City may
deliver written notice to Developer requesting that such
Party certify in writing that, to the knowledge of the
certifying Party, (i) this Agreement is in full force and
effect and a binding obligation of the Parties, (ii) this
Agreement has not been amended, or if amended, the identity
of each amendment, and (iii) the requesting Party is not in
breach of this Agreement, or if in breach, a description of
each such breach. The Party receiving such a request shall
execute and return the certificate within thirty (30) days
following receipt of the notice. City acknowledges that a
certificate may be relied upon by successors in interest to
the Developer who requested the certificate and by holders
of record of deeds of trust on the portion of the Property
in which that Developer has a legal interest.
14. Administration of Agreement. Any decision by City staff
concerning the interpretation and administration of this
Agreement and development of the Property in accordance
herewith may be appealed by the Developer to the City
Council, provided that any such appeal shall be filed with
the City Clerk of City within ten (10) days after the
affected Developer receives notice of the staff decision.
The City Council shall render its decision to affirm,
reverse or modify the staff decision within thirty (30) days
after the appeal was filed. The Developer shall not seek
judicial review of any staff decision without first having
exhausted its remedies pursuant to this section.
15. Amendment or Termination by Mutual Consent. In accordance
with the provisions of Chapter 15.40 of the Moorpark
Municipal Code of City or any successor thereof then in
effect, this Agreement may be amended or terminated, in
whole or in part, by mutual consent of City and the affected
Developer.
15.1 Exemption for Amendments of Project Approvals. No
amendment to a Project Approval shall require an
amendment to this Agreement and any such amendment
shall be deemed to be incorporated into this
Agreement at the time that the amendment becomes
effective, provided that the amendment is consistent
with this Agreement.
16. Indemnification. Developer shall indemnify, defend with
counsel approved by City, and hold harmless City and its
officers, employees and agents from and against any and all
losses, liabilities, fines, penalties, costs, claims,
demands, damages, injuries or judgments arising out of, or
resulting in any way from, Developer's performance pursuant
to this Agreement.
Developer shall indemnify, defend with counsel approved by
City, and hold harmless City and its officers, employees and
agents from and against any action or proceeding to attack,
review, set aside, void or annul this Agreement, or any
provision thereof, or any Project Approval or Subsequent
Approval or modifications thereto, or any other subsequent
entitlements for the project and including any related
environmental approval.
17. Time of Essence. Time is of the essence for each provision
of this Agreement of which time is an element.
18. Operative Date. This Agreement shall become operative on
the date the Enabling Ordinance becomes effective pursuant
to Government Code Section 36937.
19. Term. This Agreement shall remain in full force and effect
for a term of twenty (20) years commencing on its operative
date or until twelve (12) years after the initial
certificate of occupancy has been issued on the Warehouse
Discount Center building, whichever occurs last, unless said
term is amended or the Agreement is sooner terminated as
otherwise provided herein.
Expiration of the term or earlier termination of this
Agreement shall not automatically affect any Project
Approval or Subsequent Approval that has been granted or any
right or obligation arising independently from such Project
Approval or Subsequent Approval.
Upon expiration of the term or earlier termination of this
Agreement, the Parties shall execute any document reasonably
requested by any Party to remove this Agreement from the
public records as to the Property, and every portion
thereof, to the extent permitted by applicable laws.
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20. Notices. All notices and other communications given
pursuant to this Agreement shall be in writing and shall be
deemed received when personally delivered or upon the third
(3rd) day after deposit in the United States mail,
registered or certified, postage prepaid, return receipt
requested, to the Parties at the addresses set forth in
Exhibit "B" attached hereto and incorporated herein.
Any Party may, from time to time, by written notice to the
other, designate a different address which shall be
substituted for the one above specified.
21. Entire Agreement. This Agreement and those exhibits and
documents referenced herein contain the entire agreement
between the Parties regarding the subject matter hereof, and
all prior agreements or understandings, oral or written, are
hereby merged herein. This Agreement shall not be amended,
except as expressly provided herein.
22. Waiver. No waiver of any provision of this Agreement shall
constitute a waiver of any other provision, whether or not
similar; nor shall any such waiver constitute a continuing
or subsequent waiver of the same provision. No waiver shall
be binding, unless it is executed in writing by a duly
authorized representative of the Party against whom
enforcement of the waiver is sought.
23. Severability. If any provision of this Agreement is
determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement
shall be effective to the extent the remaining provisions
are not rendered impractical to perform, taking into
consideration the purposes of this Agreement.
24. Relationship of the Parties. Each Party acknowledges that,
in entering into and performing under this Agreement, it is
acting as an independent entity and not as an agent of any
of the other Parties in any respect. Nothing contained
herein or in any document executed in connection herewith
shall be construed as creating the relationship of partners,
joint ventures or any other association of any kind or
nature between City and Developer, jointly or severally.
25. No Third Party Beneficiaries. This Agreement is made and
entered into for the sole benefit of the Parties and their
successors in interest. No other person shall have any
right of action based upon any provision of this Agreement.
26. Recordation of Agreement and Amendments. This Agreement and
any amendment thereof shall be recorded with the County
Recorder of the County of Ventura by the City Clerk of City
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within the period required by Chapter 15.40 of the Moorpark
Municipal Code of City or any successor thereof then in
effect.
27. Cooperation Between City and Developer. City and Developer
shall execute and deliver to the other all such other and
further instruments and documents as may be necessary to
carry out the purposes of this Agreement.
28. Rules of Construction. The captions and headings of the
various sections and subsections of this Agreement are for
convenience of reference only, and they shall not constitute
a part of this Agreement for any other purpose or affect
interpretation of the Agreement. Should any provision of
this Agreement be found to be in conflict with any provision
of the Project Approvals or the Subsequent Approvals, the
provision of this Agreement shall prevail. Should any
provision of the Implementation Plan be found to be in
conflict with any provision of this Agreement, the
provisions of the Implementation Plan shall prevail.
29. Joint Preparation. This Agreement shall be deemed to have
been prepared jointly and equally by the Parties, and it
shall not be construed against any Party on the ground that
the Party prepared the Agreement or caused it to be
prepared.
30. Governing Law and Venue. This Agreement is made, entered
into, and executed in the County of Ventura, California, and
the laws of the State of California shall govern its
interpretation and enforcement. Any action, suit or
proceeding related to, or arising from, this Agreement shall
be filed in the appropriate court having jurisdiction in the
County of Ventura.
31. Attorneys' Fees. In the event any action, suit or
proceeding is brought for the enforcement or declaration of
any right or obligation pursuant to, or as a result of any
alleged breach of, this Agreement, the prevailing Party
shall be entitled to its reasonable attorneys' fees and
litigation expenses and costs, and any judgment, order or
decree rendered in such action, suit or proceeding shall
include an award thereof.
32. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but
all of which constitute one and the same instrument.
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:1�y
IN WITNESS WHEREOF, , and City of Moorpark have
executed this Development Agreement on the date first above written.
OWNER /DEVELOPER
To City:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
To Developer:
CITY OF MOORPARK
Patrick Hunter
Mayor
EXHIBIT "B"
ADDRESSES OF PARTIES
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