HomeMy WebLinkAboutAG RPTS 2007 0227 PC REGResolution No. PC- 2007 -512
PLANNING COMMISSION
REGULAR MEETING AGENDA
TUESDAY — FEBRUARY 27, 2007
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENTS:
6. REORDERING OF, AND ADDITIONS TO THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. February 28, 2007
• Ethics Training
B. March 27, 2007
• RPD No. 2004 -06: Essex Moorpark Apartments
C. April 24, 2007
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
February 27, 2007
Page No. 2
8. PUBLIC HEARINGS: (next Resolution No. PC- 2007 -512)
A. Consider Modification No. 1 To Industrial Planned Development OPD) No
2000 -01 to Allow Modification of an Approved Industrial Planned
Development for Approximately 445,000 Square Feet of Industrial Space
Including a Previously Approved Home Improvement Store on an
approximately 33 Acre Site. Located West of the SR -23 Freeway and East
of Miller Parkway, Approximately 230 Feet South of Los Angeles Avenue
on the Application of Moorpark Carlsberg Holdings Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; and 2) Adopt Resolution No. PC -2007-
recommending to the City Council conditional approval of Modification No.
1 to Industrial Planned Development Permit No. 2000 -01. (Staff: Joseph
Fiss)
9. DISCUSSION ITEMS:
A. Consider Permit Adjustment Number 1 to Residential Planned
Development Permit No. 2004 -01 a Request for Approval of Architectural
Plans for the Carport Structures for the Multi- family Housing Project of
Planning Area 5 of Moorpark Highlands by Pardee Homes. Staff
Recommendation: Direct the Community Development Director to approve
Permit Adjustment No. 1 to RPD 2004 -01. (Staff: Joseph Vacca)
10. CONSENT CALENDAR:
A. Special Meeting Minutes of February 13 2007
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 11).
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ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission ->
FROM: Barry K. Hogan, Community Development DV'e
'
Prepared by Joseph Fiss, Principal Planner
DATE: February 20, 2007 (PC Meeting of 02/27/07)
SUBJECT: Consider Modification No. 1 To Industrial Planned Development (IPD)
No. 2000 -01 to Allow Modification of an Approved Industrial Planned
Development for Approximately 445,000 Square Feet of Industrial Space
Including a Previously Approved Home Improvement Store, on an
approximately 33 Acre Site. Located West of the SR -23 Freeway and
East of Miller Parkway, Approximately 230 Feet South of Los Angeles
Avenue on the Application of Moorpark Carlsberg Holdings
BACKGROUND
On March 17, 2006, Moorpark Carlsberg Holdings filed an application to request a
modification to the previously approved Industrial Planned Development (IPD) No. 2000-
01. This modification would amend the site plan to be consistent with Commercial Planned
Development (CPD) No. 2005 -06 (Home Depot), which was approved on a 12.9 acre
parcel that was part of a previously approved IPD and Tentative Tract Map. IPD No.
2000 -01 and Tentative Tract Map No. 5226 originally allowed construction of a 464,963
square -foot corporate industrial center consisting of ten (10) buildings and subdivision of
approximately 33 gross acres into eight (8) lots. This modification application involves a
reconfiguration of the project to incorporate the Home Depot store, and to allow ten (10)
light industrial and office buildings on the remaining seven (7) lots, for a total of
approximately 445,000 square feet of building space.
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is 33.04 acres previously rough graded as part of Tract No. 4973. The site
is relatively level and irregularly shaped, sloping gently to the northwest. There are no
mature trees on site. The State Route 23 freeway is adjacent to the eastern edge of the
project area, approximately thirty —five (35') feet above the proposed finished floor elevation
of Home Depot. The southern edge of the project area contains an existing slope,
adjacent to natural open space.
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Honorable Planning Commission
February 27, 2007
Page 2
Previous Applications:
On March 19, 2003, the City Council approved IPD No. 2000 -01 for eight (8)
industrial /office buildings totaling 464,963 square feet and Tentative Tract Map No. 5226
for eight (8) lots and a private street (Patriot Drive). On August 16, 2006, the City Council
approved CPD No. 2005 -06 to allow construction of an approximately 143,000 square foot
retail home improvement warehouse store and garden center (Home Depot) on the
southeastern most 12.9 acre parcel. Because the Home Depot would affect the rest of this
development and the property owner wishes to increase the aesthetics of the proposed
buildings, the property owner has submitted this modification application to adjust building
architecture and location and lot configurations to accommodate this project.
The zoning of the property (Sub - Regional Retail /Commercial /Business Park) was
previously established as part of the Amended Carlsberg Specific Plan (Specific Plan 92-
1), approved on September 7, 1994, along with the certification of a subsequent
Environmental Impact Report. On September 21, 1994, the City Council adopted
regulations in the Zoning Ordinance for the Amended Carlsberg Specific Plan area,
ensuring that future development proceeds in a coordinated manner consistent with the
goals and policies of the Amended Carlsberg Specific Plan and the City of Moorpark
General Plan. The standards apply to development of all residential, business park,
commercial, institutional and open space areas. On December 20, 1995, the City Council
approved Tentative Tract Map Nos. 4973 and 4974 consisting of large lots which define
areas for development currently proposed for subdivision. Tract No. 4973 is for the
northern portion of the Amended Carlsberg Specific Plan.
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Sub- Regional Retail /
Site
Commercial /
Specific Plan No. 92 -1
Vacant
Business Park
(Amended Carlsberg SP)
(SR /C /BP)
Sub - Regional Retail /
Retail
North
Commercial /
Specific Plan No. 92 -1
Commercial and
Business Park
(Amended Carlsberg SP)
Restaurants
(SR /C /BP) . _.
South
Open Space
Specific Plan No. 92 -1
Open Space
(Amended Carlsberg SP)
...............
East
Freeway — R/W
_ .... -.1-1.1 ..... ........
OS — 10ac
._ .......
SR -23 freeway
Sub - Regional Retail /
West
Commercial /
Specific Plan No. 92 -1
Retail
Business Park
(Amended Carlsberg SP)
Commercial
SR /C /BP
Honorable Planning Commission
February 27, 2007
Page 3
General Plan and Zoning Consistency:
Light industrial and office uses are allowed uses for the site under the Amended Carlsberg
Specific Plan zoning classification and the Sub - Regional Retail /Commercial /Business Park
(SR /C /BP) General Plan land use designation. The development of this industrial project
as conditioned is consistent with this land use designation.
Project
Building
Project Summary
Building Area
Summ
Use
(sq. ft.)
ary
Lot
Bldg. A
Office
....... ......
43 800
,
...... .
Bldg ._B
Light Industrial
........ _ ...........
52 356
3
Bldg. C
Light Industrial
45 136
Bldg. D
.. Light Industrial
16,787
4
Home Depot
Home Improvement Warehouse
142,998
Store and Garden Center
5
Bldg E
Office
.. .......
20,904
6
Bldg. _F
Light Industrial
41,280
7
Bldg. G
Light Industrial
23,613
Bldg. H
Light Industrial
................ .
17,491
8
Bldg. I
Light Industrial
17,491
Bldg. J
Li ht Industrial
23,613
D
1
Total
445,469
Proposed Project
Architecture /Building Design:
This modification would establish revised architectural design and control standards for the
center. The proposed buildings are of a contemporary style, and are planned to be
constructed of painted tilt -up concrete panels. The structures are proposed to include
architectural features such as reveals, cornices, wall sconces, suspended canopies,
windows, stone veneers, and color combinations which serve to provide individual identity
to each of the proposed buildings. The proposed colors are generally rich earth tones with
neutral accents. The architecturally enhanced elevations are designed to face Patriot
Drive, with the exception of Buildings "A" and "E" which are designed as keynote buildings,
with enhanced elevations facing both Patriot Drive and the entry from Miller Parkway.
The functional roof height for all buildings, not including architectural elements or parapet
walls is consistent with the thirty -five (35') foot height limit requirements of the Carlsberg
Specific Plan. As with the original approval, there are certain architectural elements and
parapet walls that exceed the thirty -five (35') foot functional height limit.
Honorable Planning Commission
February 27, 2007
Page 4
The buildings are flexibly designed such that they can be easily divided to accommodate
either a single or multiple users and uses. Each section of the light industrial buildings is
designed to have its own entrance, convenient parking, and loading doors that are
positioned on elevations that do not face Patriot Drive.
Building height and design are discussed in the analysis section below.
Setbacks:
Section 8119 -65 of Ordinance No. 195 "Carlsberg Specific Plan Land Use Regulations"
specifies the Site Development Standards including setbacks for industrial projects.
Minimum required setbacks are twenty (20 %) percent of lot width or depth with a minimum
of thirty (30') feet for the front; fifteen (15 %) percent of lot width or depth with a minimum of
thirty (30) feet for the side; ten (10 %) percent of lot width or depth with a minimum of thirty
(30) feet for the exterior side setback; and fifteen (15 %) percent of lot width or depth with a
minimum of ten (10) feet for the rear setback. Setbacks are further discussed in the
analysis section of this report.
Circulation:
Regional access is provided by the SR -23 and SR -118, with on and off -ramps located
approximately one -half mile northeast of the project site. Local access to the industrial
park will be provided by an extension of the new private street, Patriot Drive, located
easterly of Miller Parkway. A secondary access, which connects to the Moorpark
Marketplace shopping center to the north, is located on the north side of the site, between
buildings "F" and "G ". The intersection of Miller Parkway and Patriot Drive will provide
signalized access into and out of the project site.
On site vehicular circulation will be via driveways off of Patriot Drive, as well as between
the individual lots. Reciprocal access easements will be required and common driveways
are planned with full internal circulation between lots.
Pedestrian circulation is provided via a gently meandering sidewalk that connects all of the
lots to each other, as well as to the shopping center to the north, and the multipurpose trail
to the south. The exact location of the connection to the multipurpose trail has not been
identified, but will be identified prior to construction. A condition of approval has been
added to this effect.
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Honorable Planning Commission
February 27, 2007
Page 5
Parking:
Lot
Proposed Use
Spaces
Spaces
(Bldg.)
(S q. Ft.
Required
Provided
1
Office
146
(Bldg. A
43,800
1 :300)
146
2
Light Industrial
105
(Bldg. B
52,356
(1:500
132
3
Light Industrial
124
(Bldg. C & D )
(45,136 &16,787
1:500)
162
4
Home Improvement Warehouse
(Home
Store and Garden Center
470
471
Depot)
142,998 previously a roved
5
Office
70
(Bldg. E
20,904
1:300
72
6
Light Industrial
83
(Bldg. F)
41,280)
1:500)
103
7
Light Industrial
82
(Bldg. G & H)
(23,613 & 17,491 )
(1:500)
111
8
Light Industrial
82
(Bldg. I & J )
(17,491 & 23,613 )
(1:500
125
Total
1162
1322
Without Home Depot
692
851
As depicted on the above table, the available parking provided exceeds ordinance
requirements. Prior to receipt of a building permit, Building and Safety will review the
construction drawings for compliance with Americans with Disabilities Act (ADA)
requirements for parking and access. Reciprocal parking easements will be required
between the buildings. These items have been added as conditions of approval.
Landscaping:
This project proposes on -site landscaping along Patriot Drive and internal parking lot
landscaping.
The Amended Carlsberg Specific Plan requires that a minimum of ten (10 %) percent of the
site be landscaped. Approximately twenty -two percent (22 %) of the site is proposed to be
landscaped.
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Honorable Planning Commission
February 27, 2007
Page 6
Site Improvements and National Pollutant Discharge Elimination System (NPDES)
Standard Requirements:
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 bio- filters (grassy swales), infiltration areas and other similar
solutions.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration in their recommendation to the City Council:
• Building Height and Design
• Setbacks
Building Height and Design:
Pursuant to the Amended Carlsberg Specific Plan, the allowable maximum height of
buildings in the BP Zone is thirty -five (35') feet measured from the grade of the slab, unless
the site is to be used by one (1) single user in which case the height limit shall not exceed
fifty (50) feet. Several of the buildings are proposed to exceed an overall height of thirty
(30') feet for the functional roof, not counting architectural features or parapet wall.
However, parapets, which serve to screen roof mounted equipment and which also serve
as architectural elements to give buildings individual identities exceed the maximum thirty -
five (35') feet height limit. Since the functional roofs for all buildings without the
architectural elements meet the thirty -five (35') foot height limit, this project is consistent
with the height requirements in the Carlsberg Specific Plan.
As mentioned above, the buildings, site planning, and parking are flexibly designed to
accommodate either single or multiple users. Each section of the light industrial buildings
has its own entrance, convenient parking, and loading doors that are positioned on
elevations that do not face Patriot Drive. Additionally, the site as a whole has an excess of
159 parking spaces, exclusive of the Home Depot lot, which would allow a certain
percentage of the suites in the light industrial buildings to be used for office uses. Building
"A" has been designed with front courtyard patios, which would allow a restaurant or other
food use on the ground floor.
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Honorable Planning Commission
February 27, 2007
Page 7
Setbacks:
The Amended Carlsberg Specific Plan requires a thirty (30) foot front setback from public
streets for this project. The setbacks were designed to have been measured from the
property lines existing at the time of approval of Ordinance No. 195 because there was no
anticipation of internal subdivision of the commercial /industrial areas of the Carlsberg
Specific Plan with additional internal streets. As such, the required front setbacks are
measured from Miller Parkway and Los Angeles Avenue. Building setbacks from internal
private streets and drives, because of their individual size and orientation, may be reduced.
As such, the internal setbacks from Patriot Drive shall be established by approval of this
Industrial Planned Development. The proposed twenty (20) foot landscaped building
setback is appropriate for Patriot Drive; this has been included as a proposed condition of
approval.
Findings
Industrial Planned Development Findings:
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 City's General Plan, the Carlsberg Specific Plan, and Title 17 of the Municipal
Code in that all applicable standards of these plans and regulations would be met
by the proposed development and the design of the industrial /office buildings are
consistent with the Architectural Design Guidelines as outlined in the Amended
Carlsberg Specific Plan.
B. The site design would not create negative impacts on or impair the utility of the
neighboring properties or uses as the proposed uses are compatible with
surrounding land uses and the circulation system provides for logical connections.
The project also is a substantial distance from any existing residential development.
C. The proposed uses are compatible with the existing and permitted uses in the
surrounding area as they share a similar zoning and the proposed development is
consistent with criteria specified in the Amended Carlsberg Specific Plan and
development requirements for office, retail, and industrial developments in
applicable City Codes.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Honorable Planning Commission
February 27, 2007
Page 8
Date Application Determined Complete: January 24, 2007
Planning Commission Action Deadline: not applicable
City Council Action Deadline: April 23, 2007
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.
This proposed industrial project is consistent with the Amended Carlsberg Specific Plan for
which an EIR was certified. The proposed business park has been determined to be an
allowable use within a BP zone and is consistent with the analysis of the land use and
impacts in the Specific Plan EIR. The Community Development Director has concluded
that the Environmental Impact Report for the Amended Carlsberg Specific Plan adequately
addresses the impacts of the proposed industrial project. This conclusion is consistent with
Section 15181 of the California Environmental Quality Act (CEQA).
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2007- recommending to the City Council conditional
approval of Modification No. 1 to Industrial Planned Development Permit No. 2000-
01.
00000
Honorable Planning Commission
February 27, 2007
Page 9
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits (Booklet Under Separate Cover)
4. Draft PC Resolution with Conditions of Approval
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9
a
i*
Project Exhibits
(under separate cover)
PC ATTACHMENT 3
RESOLUTION NO. PC -2007-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF MODIFICATION NO. 1 TO
INDUSTRIAL PLANNED DEVELOPMENT (IPD) NO. 2000 -01 TO
ALLOW MODIFICATION OF AN APPROVED INDUSTRIAL
PLANNED DEVELOPMENT FOR APPROXIMATELY 445,000
SQUARE FEET OF INDUSTRIAL SPACE INCLUDING A
PREVIOUSLY APPROVED HOME IMPROVEMENT STORE, ON
AN APPROXIMATELY 33 ACRE SITE, LOCATED WEST OF THE
SR -23 FREEWAY AND EAST OF MILLER PARKWAY,
APPROXIMATELY 230 FEET SOUTH OF LOS ANGELES
AVENUE ON THE APPLICATION OF MOORPARK CARLSBERG
HOLDINGS
WHEREAS, at a duly noticed public hearing on February 27, 2007, the Planning
Commission considered Modification No. 1 to Industrial Planned Development (IPD) No.
2000 -01 on the Application of Moorpark Carlsberg Holdings to allow modification of an
approved Industrial Planned Development for approximately 445,000 square feet of
industrial space including a previously approved home improvement store, on an
approximately 33 acre site, located west of the 23 Freeway and east of Miller Parkway,
approximately 230 feet south of Los Angeles Avenue; and
WHEREAS, at its meeting of February 27, 2007 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 all potentially significant environmental effects of this
project have been analyzed adequately in an earlier Environmental Impact Report (SCH
No. 92061076) that was prepared and certified for the Amended Carlsberg Specific
Plan, and that no new information or impacts that require preparation of a new or
subsequent EIR have been identified as a result of this proposed modification to the
project, therefore, no further analysis pursuant to the California Environmental Quality
Act is required.
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:
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PC ATTACHMENT 4 �_ ,_
Resolution No. PC -2007-
Page 2
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 City's General Plan, the Carlsberg Specific Plan, and Title 17 of
the Municipal Code in that all applicable standards of these plans and regulations
would be met by the proposed development and the design of the industrial /office
buildings are consistent with the Architectural Design Guidelines as outlined in
the Amended Carlsberg Specific Plan.
B. The site design would not create negative impacts on or impair the utility of the
neighboring properties or uses as the proposed uses are compatible with
surrounding land uses and the circulation system provides for logical
connections. The project also is a substantial distance from any existing
residential development.
C. The proposed uses are compatible with the existing and permitted uses in the
surrounding area as they share a similar zoning and the proposed development
is consistent with criteria specified in the Amended Carlsberg Specific Plan and
development requirements for office, retail, and industrial developments in
applicable City Codes.
SECTION 2. PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends to the City Council approval of
Modification No. 1 to Industrial Planned Development (IPD) No. 2000 -01 subject
to the special and standard Conditions of Approval included in Exhibit A (Special
and Standard Conditions of Approval), attached hereto and incorporated herein
by reference.
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.
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Resolution No. PC -2007-
Page 3
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 27th day of February, 2007.
Mark G. Taillon, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A — Special and Standard Conditions of Approval
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Resolution No. PC -2007-
Page 4
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR MODIFICATION NO. 1 TO INDUSTRIAL PLANNED
DEVELOPMENT QPD) NO. 2000 -01
SPECIAL CONDITIONS
1. The site plan must include a bus stop on the project site for the City of Moorpark
municipal bus transportation system with location and design to the satisfaction
of the Community Development Director and the Parks, Recreation and
Community Services Director. The bus stop must be constructed at the
applicant's expense and completed prior to issuance of a zoning clearance for
occupancy of the first building.
2. The applicant shall submit a retaining wall plan which demonstrates locations,
heights and materials for the retaining wall proposed along the base of the slopes
to the east and south of the project site for review and approval of the
Community Development Director prior to the issuance of grading permits.
3. The photometric lighting plan must include a lighting system designed to include
an automatic shutoff control with manual override capability to reduce at least
fifty percent (50 %) of the energy usage of the system from twelve (12:00) a.m.
until one (1) hour before daylight, unless otherwise approved by the Community
Development Director for safety or security reasons and the lighting plan must be
reviewed and approved by the Community Development Director prior to the
issuance of building permits.
4. All lighting fixtures must be architecturally compatible with the buildings and
landscaping subject to the review and approval of the Community Development
Director prior to the issuance of building permits.
5. The applicant shall prepare a skylight plan in association with the roof plan to
demonstrate methods by which off -site glare during nighttime hours will be
minimized. The plan shall be subject to the final review and approval of the
Community Development Director prior to the issuance of building permits.
6. Development Fee: Prior to issuance of Zoning Clearance for each building
permit, the applicant shall pay the City a Development Fee consistent with the
Settlement Agreement requirement for the Amended Carlsberg Specific Plan.
The amount of the Development Fee shall be consistent with the terms of the
Carlsberg Settlement Agreement.
7. Mitigation Fee: Prior to issuance of Zoning Clearance for each building permit,
the applicant shall pay the City a "Mitigation Fee" consistent with the Settlement
Agreement requirement for the Amended Carlsberg Specific Plan. The amount
of the Mitigation Fee shall be consistent with the terms of the Carlsberg
Settlement Agreement. Institutional uses shall pay on the same basis as
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Resolution No. PC -2007-
Page 5
commercial and industrial uses, except that institutional uses which are exempt
from secured property taxes shall be exempt from the fee.
8. Intersection Improvements. Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair -share contribution for intersection improvements for the
following intersections:
• Tierra Rejada / Miller Parkway
• Miller Parkway / Patriot Drive
• Miller Parkway / Los Angeles Avenue
• Los Angeles Avenue / SR -23 on -off ramps
• Los Angeles Avenue / Spring Road
The amount of the fair -share contribution shall be to the satisfaction of the City
Engineer based on the traffic report prepared for the project and the extent of the
impact to these intersections.
9. The applicant shall submit a hardscape plan which demonstrates the amount,
size and shape of the raised planters for review and approval of the Community
Development Director prior to the issuance of building permits.
10. The landscape plan must incorporate specimen size trees subject to the review
and approval of the Community Development Director. In the transitional area
between this permit area and the adjacent open space the landscaping must
consist of city approved native trees, shrubs and groundcover to provide a
blending and transition to the existing native plant material.
11. None of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Guidelines may be used on any property in this development.
12. A final hardscape plan must include the treatment of the decorative hardscape
areas with integral color and texture at all predominate pedestrian areas, and
prominent drive aisles including but not limited to the front entrance to the site off
of Patriot Drive and the primary entrances into the store and garden center, and
the final plan is subject to the review and approval of the Community
Development Director and the City Engineer /Public Works Director prior to the
issuance of building permits.
13. Prior to installation of hardscape building materials, a field check and approval is
required by the Community Development Director.
14. Earthen berms, hedges and /or low walls must be provided where needed to
screen public views of parked vehicles from adjacent streets subject to the
satisfaction of the Community Development Director.
15. The applicant shall submit all of the proposed colors, materials and building finish
textures for review and approval and this must be reflected on the plans to the
satisfaction of the Community Development Director prior to the issuance of
building permits.
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Resolution No. PC -2007-
Page 6
16. Roof appurtenances must be no higher than the lowest parapet on the roof and
must be painted the same color as the roofing material and there must not be
any piping, visible roof ladders, equipment, vents, exterior drains and scuppers or
any other exposed equipment on the roof with the exception of air conditioning
handling units and this must be reflected on the plans to the satisfaction of the
Community Development Director prior to the issuance of building permits.
17. Ground mounted utility boxes and equipment must be screened with landscaping
subject to the review and approval of the Community Development Director.
18. All gas, electric, water and any other utility meters or boxes must be screened to
the degree allowable by the utility companies, and subject to the review and
approval of the Community Development Director.
19. The exact location of the connection to the multipurpose trail must be identified
prior and approved by the Community Development Director and the Parks,
Recreation and Community Services Director to the issuance of building permits
for the fifth building and construction complete prior to issuance of certificate of
occupancy for the last building.
20. Reciprocal access and parking easements or agreements must be provided
between the buildings and lots by separate recorded instrument or shown on the
Final Map. Wording of the easements or agreements shall be to the satisfaction
of the Community Development Director and the City Attorney. The easements
or agreements must be completed prior to sale of any parcel.
21. A property owners association is required to be established for maintenance of
all common areas. The articles of formation shall be subject to review and
approval of the Community Development Director and the City Attorney. The
association must be established prior to the sale of any parcel.
22. A minimum twenty -foot (20') landscaped building setback from Patriot Drive is
required for all buildings
23. The overnight parking of commercial vehicles in the parking lots and loading
areas of the property is prohibited except as specifically approved by the
Community Development Director.
24. The construction of Patriot Drive must be completed and opened and operable to
the satisfaction of the City Engineer /Public Works Director and Community
Development Director prior to the occupancy of any buildings.
25. The applicant shall prepare and implement a plan for the posting of "No Loitering"
signs for the review and approval of the Community Development Director. All of
the "No Loitering" signs must be installed per the approved plan prior to the
occupancy of any of the buildings. The applicant shall enforce the no loitering
requirement within the permit area to the maximum extent permitted by local,
state and federal laws.
26. The Patriot Drive cul -de -sac must be designed to provide a traffic
circle /roundabout to the satisfaction of the City Engineer /Public Works Director
0f:?01
Resolution No. PC -2007-
Page 7
and Community Development Director. The design must be able to
accommodate fire trucks.
27. Extended "idling" of commercial delivery vehicles is prohibited. Engines must be
turned off within five minutes of arrival for all pick -ups and deliveries.
28. All other conditions of the Amended Carlsberg Specific Plan and Settlement
Agreement shall continue to apply, except as revised herein.
STANDARD CONDITIONS
A. The following conditions shall be required of all projects:
GENERAL REQUIREMENTS
Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read
and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property, and
have the appropriate notary acknowledgement suitable for recordation.
2. This planned development permit shall expire one (1) year from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his /her
discretion, grant up to two (2) additional one -year extensions for use inauguration
of the development permit, if there have been no changes in the adjacent areas
and if the applicant can document that he /she has diligently worked towards use
inauguration during the initial period of time. The request for extension of this
planned development permit shall be made in writing, at least thirty (30) days
prior to the expiration date of the permit and shall be accompanied by applicable
entitlement processing deposits.
3. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies
at the time of the entitlement approval, supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on
said Map and /or plans.
4. Conditions of this entitlement shall not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
5. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this project are hereby adopted and included as
requirements of this entitlement. Where conflict or duplication between the
MMRP and the Conditions of Approval occurs the Community Development
Director shall determine compliance.
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Resolution No. PC -2007-
Page 8
6. If any archeological or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall cease in the immediate area and the
find shall be left untouched. The applicant shall assure the preservation of the
site and immediately contact the Community Development Director informing the
Director of the find. The applicant shall be required to obtain the services of a
qualified paleontologist or archeologist, whichever is appropriate to recommend
disposition of the site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The applicant shall pay for
all costs associated with the investigation and disposition of the find.
7. Paleontological Mitigation Plan: Prior to issuance of a Zoning Clearance for a
grading permit, a paleontological mitigation plan outlining procedures for
paleontological data recovery shall be prepared and submitted to the Community
Development Director for review and approval. The development and
implementation of this Plan shall include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all specimens
recovered under any scenario will be through the Los Angeles County Museum
of Natural History (LACMNH). Unless a written directive is issued by the City of
Moorpark within thirty (30) days of receipt of a report on the resources found all
specimens will remain the property of LACMNH, and subject to their discretion.
The monitoring and data recovery should include periodic inspections of
excavations to recover exposed fossil materials. The cost of this data recovery
shall be limited to the discovery of a reasonable sample of available material.
The interpretation of reasonableness shall rest with the Community Development
Director.
8. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or
proceeding is brought within the time period provided therefore in Government
Code Section 66499.37 or other sections of state law as applicable. The City will
promptly notify the applicant of any such claim, action or proceeding, and, if the
City should fail to do so or should fail to cooperate fully in the defense, the
applicant shall not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
Resolution No. PC -2007-
Page 9
regardless of whether a Final Map is ultimately recorded with respect to
the subdivision or a building permit is issued pursuant to the planned
development permit.
9. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
10. All facilities and uses, other than those specifically requested in the application
and those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
FEES
11. Entitlement Processing: Prior to the issuance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading permit the
applicant shall submit to the Community Development Department all
outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment shall be made within sixty (60) calendar days of
approval of this entitlement.
12. 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.
13. 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.
14. Parks: Prior to issuance of Zoning Clearance for a building permit, the applicant
shall submit to the Community Development Department Park and Recreation
Fees in the amount of $.50 per square foot of building area to the satisfaction of
the Parks, Recreation, and Community Services Director.
15. 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.
16. 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
Resolution No. PC -2007-
Page 10
Fire Protection Facilities Fee requirements in effect at the time of building permit
application.
17. Library Facilities: Prior to or concurrently with the issuance of a building permit
the Library Facilities Fee shall be paid to the Building and Safety Division. The
fee shall be paid in accordance with City Council adopted Library Facilities Fee
requirements in effect at the time of building permit application.
18. 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.
19. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for
each building permit, the applicant shall submit to the Community Development
Department the established Moorpark Traffic Systems Management (TSM) Fee
for the approved development consistent with adopted City policy for calculating
such fee.
20. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair -share contribution for intersection improvements relating to the
project. The level of fair -share participation will be to the satisfaction of the City
Engineer based on the traffic report prepared for the project and the extent of the
impact to these intersections.
21. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit,
the applicant shall submit to the Community Development Department the
Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential
projects, or by use for commercial and industrial projects, based upon the
effective date of approval of the entitlement. Commencing on the first of the year
of this approval, and annually thereafter, the fee ($29,700.00 per acre) shall be
increased to reflect the change in the Caltrans Highway Bid Price (OR
Engineering News Record Construction Index) for the twelve (12) month period
available on December 31 of the preceding year ( "annual indexing "). In the
event there is a decrease in the referenced Index for any annual indexing, the
current amount of the fee shall remain until such time as the next subsequent
annual indexing which results in an increase. In the event the Bid Price Index
referred to above 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.
22. County Traffic Fee: Prior to the issuance of a Zoning Clearance for each building
permit, the applicant shall pay to the Community Development Department the
County Traffic Fee for County Traffic District No. 4 in which the project is located.
The fee shall be paid in accordance with City Council adopted Reciprocal Traffic
Resolution No. PC -2007-
Page 11
Mitigation Agreement fee requirements in effect at the time of building permit
application.
23. Area of Contribution: Prior to the issuance of a Zoning Clearance for each
building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the project
is located. The fee shall be paid in accordance with City Council adopted AOC
fee requirements in effect at the time of building permit application.
24. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a
building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting
for a period of one year from the acceptance of the street improvements.
25. Schools: Prior to issuance of building permits for each building, the applicant
shall provide written proof to the Community Development Department that all
legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
26. Art in Public Places: Prior to or concurrently with the issuance of a Zoning
Clearance for building permit, the applicant shall contribute to the Art in Public
Places Fund in the amount of one percent (1%) of the building valuation, to be
submitted to the Community Development Department. If the applicant is
required to provide a public art project on or off -site in lieu of contributing to the
Art in Public Places Fund the art work shall have a value corresponding to or
greater than the contribution, and shall be constructed prior to Final Occupancy
of the first building. All art shall be approved in accordance with Municipal Code
Chapter 17.50.
27. Electronic Conversion: In accordance with City policy, the applicant shall submit
to the Community Development Department, City Engineer and the Building and
Safety Division the City's electronic image conversion fee for
entitlement/condition compliance documents; Final Map/ engineering
improvement plans /permit documents; and building plans /permit documents,
respectively.
28. Fish and Game: Within two (2) business days after the City Council /Planning
Commission adoption of a resolution approving this project, the applicant shall
submit to the City of Moorpark two separate checks for Negative Declaration or
Environmental Impact Report, and Administrative Fee, both made payable to the
County of Ventura, in compliance with Assembly Bill 3158 for the management
and protection of Statewide Fish and Wildlife Trust Resources. Pursuant to
Public Resources Code Section 21089, and Fish and Game Code Section 711.4,
the project is not operative, vested or final until the filing fees are paid.
29. Crossinq Guard: Prior to recordation of Final Map or prior to the issuance of a
building permit, whichever occurs first, the applicant shall pay to the Community
Development Department an amount to cover the costs associated with a
crossing guard for five years at the then current rate, plus the pro -rata cost of
Resolution No. PC -2007-
Page 12
direct supervision of the crossing guard location and staff's administrative costs
(calculated at fifteen percent (15 %) of the above costs).
30. Storm Drain Discharge Maintenance Fee
issuance of a Zoning Clearance for building
Community Development Department
Maintenance Fee. The fee must be pa
adopted Storm Drain Discharge Maintenan
time of building permit application.
Prior to or concurrently with the
permit, the applicant shall pay to the
citywide Storm Drain Discharge
id in accordance with City Council
ce Fee requirements in effect at the
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
31. 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 must be designed to provide
comprehensive on -site sign arrangement and design consistent with the
commercial /industrial center architecture and the City's Sign Ordinance
requirements.
32. For all flat roofed portions of buildings, a minimum eighteen -inch (18 ") parapet
wall above the highest point of the flat roof must be provided on all sides.
33. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit.
34. Exterior downspouts are not permitted unless designed as an integral part of the
overall architecture and approved by the city as part of the planned development
permit.
35. Mechanical equipment for the operation of the building must be Ground - mounted
and screened to the satisfaction of the Community Development Director. The
Community Development Director may approve roof - mounted equipment, in
which case, the height of roof mounted equipment (such as vents, stacks,
blowers, air conditioning equipment, etc.) must be below the lowest parapet on
the roof; and shall be painted the same color as the roofing material; and there
shall not be any piping, visible roof ladders, equipment, vents, exterior drains and
scuppers or any other exposed equipment on the roof.
36. Roof - mounted equipment and other noise generation sources on -site must be
attenuated to 45 decibels (d BA) or to the ambient noise level at the property line
measured at the time of the occupancy, whichever is greater. Prior to the
issuance of a Zoning Clearance for initial occupancy or any subsequent
occupancy, the Community Development Director may request the submittal of a
noise study for review and approval. The noise study would need to show that
the current project attenuates all on -site noise generation sources to the required
level or provide recommendations as to how the project could be modified to
�a�
Resolution No. PC -2007-
Page 13
comply. The noise study must be prepared by a licensed acoustical engineer in
accordance with accepted engineering standards.
37. Any outdoor ground level equipment, facilities or storage areas including, but not
limited to loading docks, trash enclosures, cooling towers, generators, must be
architecturally screened from view with masonry wall and /or landscaping as
determined by the Community Development Director.
38. A utility room with common access to house all meters and the roof access
ladder must be provided unless an alternative is approved by the Community
Development Director.
39. No exterior access ladders of any kind to the roof are permitted.
40. Prior to issuance of a grading permit, the Applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress /egress access, drainage and parking to the adjacent
commercial /industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress /egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the above
requirements must be to the satisfaction of the Community Development
Director, City Engineer and the City Attorney.
41. Parking areas must be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading
bay striping must be maintained so that it remains clearly visible during the life of
the development.
42. Prior to any re- striping of the parking area a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re- striped and maintained in
their original approved locations unless new locations are approved by the
community development director.
43. All parking areas must be surfaced with asphalt or concrete and must include
adequate provisions for drainage, National Pollution Discharge Elimination
System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or
posts in parking areas adjacent to landscaped areas. All parking and loading
areas must be maintained at all times to insure safe access and use by
employees, public agencies and service vehicles.
44. The Building Plans must be in substantial conformance to the plans approved
under this entitlement and must specifically reflect the following..
a. Transformer and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1) must be shown on
the site plan and landscaping and irrigation plan and screened from street
0 C1 17
Resolution No. PC- 2007
Page 14
view with masonry wall and /or landscaping as determined by the
Community Development Director.
b. Bicycle racks or storage facilities, in quantities as required by the
Community Development Director.
C. Required loading areas with 45 -foot turning radii must be provided for
loading zones consistent with the AASHO WB -50 design vehicle and as
required by the Community Development Director. If drains from the
loading area are connected to the sewer system, they are subject to the
approval of Ventura County Waterworks District No. 1.
d. Final exterior building materials and paint colors must be consistent with
the approved plans under this permit. Any changes to the building
materials and paint colors are subject to the review and approval of the
Community Development Director.
e. All exterior metal building surfaces, including roofing, must be coated or
sealed with rust inhibitive paint to prevent corrosion and release of metal
contaminants into the storm drain system.
Trash disposal and recycling areas must be provided in a location which
will not interfere with circulation, parking or access to the building. Exterior
trash areas and recycling bins shall use impermeable pavement, be
designed to have a cover and so that no other area drains into it, The
trash areas and recycling bins must be depicted on the final construction
plans, the size of which to be approved by the Community Development
Director, City Engineer and the City's Solid Waste Management staff.
When deemed appropriate, drains from the disposal and recycling areas
must be connected to the sewer system, and are subject to the approval
of Ventura County Waterworks District No. 1. Review and approval shall
be accomplished prior to the issuance of a Zoning Clearance for building
permit.
45. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the
applicant shall install U.S. Postal Service approved mailboxes in accordance with
the requirements of the local Postmaster.
46. Any expansion, alteration or change in architectural elements requires prior
approval of the Community Development Director. Those changes in
architectural elements that the Director determines would visible from abutting
street(s) may only be allowed, if, in the judgment of the Community Development
Director such change is compatible with the surrounding area. Any approval
granted by the Director must be consistent with the approved Design Guidelines
(if any) for the planned development and applicable Zoning Code requirements.
47. When required by Title 15 of the Moorpark Municipal Code, rain gutters and
downspout must be provided on all sides of the structure for all structures where
there is a directional roof flow. Water shall be conveyed to an appropriate
®';, „� °�
Resolution No. PC -2007-
Page 15
drainage system, consistent with NPDES requirements, as determined by the
City Engineer.
OPERATIONAL REQUIREMENTS
48. All uses and activities must be conducted inside the building(s) unless otherwise
authorized by the Community Development Director and consistent with
applicable Zoning Code provisions.
49. Prior to the issuance of a Zoning Clearance for any use which requires handling
of hazardous or potentially hazardous materials, the applicant shall provide proof
that he /she has obtained the necessary permits from Ventura County
Environmental Health Division. Should the Community Development Director
determine that a compatibility study is required; the applicant shall apply for a
Modification to the entitlement.
50. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
51. The continued maintenance of the subject site and facilities is subject to periodic
inspection by the City. The Applicant and his /her successors, heirs, and assigns
shall be required to remedy any defects in ground or building maintenance, as
indicated by the City within five (5) days from written notification.
52. No noxious odors may be generated from any use on the subject site.
53. The applicant and his /her successors, heirs, and assigns shall remove any graffiti
within three (3) days from written notification by the City of Moorpark. All such
graffiti removal must be accomplished to the satisfaction of the Community
Development Director.
54. Should continued compliance with these Conditions of Approval not be met the
Community Development Director may declare the project to be out of
compliance, or the Director may declare, for some other just cause, the project to
be a public nuisance. The applicant shall be liable to the City for any and all
costs and expenses to the City involved in thereafter abating the nuisance and in
obtaining compliance with the Conditions of Approval or applicable codes. If the
applicant fails to pay all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.080).
55. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant must obtain a Business Registration Permit from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration Permit.
56. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of
any of the buildings, the applicant shall request that the City Council approve a
resolution to enforce Vehicle Codes on the subject property as permitted by the
Vehicle Code.
Resolution No. PC -2007-
Page 16
57. Prior to or concurrently with the issuance of a Zoning Clearance for a grading
permit, the applicant shall submit the construction phasing plan for approval by
the Community Development Director and City Engineer. Phasing must avoid, to
the extent possible, construction traffic impacts to existing adjacent residential,
commercial and industrial areas, if any.
58. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Community Development Director for review and
approval. The Plan must include a designated building manager, who is
responsible for initiating on -site waste materials recycling programs, including
acquiring storage bins for the separation of recyclable materials and coordination
and maintenance of a curbside pickup schedule.
59. The building manager or designee shall be required to conduct a routine on -site
waste management education program to educating and alerting employees
and /or residents to any new developments or requirements for solid waste
management. This condition must be coordinated through the City's Solid Waste
Management staff.
60. Loading and unloading operations are allowed only between the hours of 8:00
a.m. and 9:00 p.m. 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.
61. No overnight parking, repair operations or maintenance of trucks may occur on
site.
62. Prior to occupancy of any of the buildings, the Developer shall request that the
City Council approve a resolution to enforce Vehicle Codes on the subject
property as permitted by Vehicle Code Section 21107.7.
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
63. 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
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Resolution No. PC -2007-
Page 17
City Engineer, and approval by the Community Development Director prior to
issuance of a Zoning Clearance for building permit, is required.
64. The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director. Prior to the issuance of a grading permit, a tree survey shall be
prepared to determine the valuation of the mature trees to be removed.
Enhanced replacement landscaping of equal or greater value, as determined by
the Community Development Director, shall be installed in accordance with the
Tree Ordinance.
65. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, must be submitted to the Community
Development Director for review and approval. The lighting plan, prepared by an
electrical engineer registered in the State of California, must be in conformance
with the Moorpark Municipal Code.
66. Unless otherwise stipulated in the Special Conditions of Approval, the applicant
shall be responsible for the maintenance of any and all parkway landscaping
constructed as a requirement of the project, whether said parkway landscaping is
within the street right -of -way or outside of the street right -of -way. Any parkway
landscaping outside of the street right -of -way must be within a landscape
easement.
67. All required landscape easements must be clearly shown on the Final Map or on
other recorded documents if there is no Final Map.
68. 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.
69. When available, use of reclaimed water is required for landscape areas subject
to the approval of the Community Development Director, the City Engineer and
Ventura County Waterworks District No. 1.
70. Landscaped areas must 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 must be designed to minimize degradation of storm water
quality. Best Management Practice landscaped areas for infiltration and
biological remediation or approved equals, must be installed to intercept and
effectively prohibit pollutants from discharging to the storm drain system. The
design must be submitted to the Community Development Director and City
Engineer for review and approval prior to the issuance of a building permit.
71. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
Resolution No. PC -2007-
Page 18
72. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot
boundaries must be in place, unless an alternative installation is approved by the
Community Development Director.
73. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall
enter into the standard Caltrans tri -party maintenance agreement to maintain any
landscaping within Caltrans right -of -way.
C. Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
GENERAL
74. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in conformance with the "Land Development
Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology
Manual' and "Design Manual" as promulgated by Ventura County Watershed
Protection District; "Standard Specifications for Public Works Construction" as
published by BNI (except for signs, traffic signals and appurtenances thereto; for
signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation);
"Engineering Policies and Standards" of the City of Moorpark, "Policy of
Geometric Design of Highways and Streets," most recent edition, as published by
the American Association of State Highway and Transportation Officials. In the
case of conflict between the standards, specifications and design manuals listed
above, the criteria that provide the higher lever of quality and safety shall prevail.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project must be modified to conform with the
Standard or Special Condition to the satisfaction of the City Engineer.
75. 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.
76. All paved surfaces; including, but not limited to, the parking area and aisles,
drive - through lanes, on -site walkways must be maintained free of litter /debris.
Walkways, parking areas and aisles and drive - through lanes must be swept,
washed or vacuumed regularly. When swept or washed, debris must be trapped
and collected to prevent entry to the storm drain system in accordance with
NPDES requirements.
77. 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
must be submitted to Ventura County Waterworks District No. 1 for approval.)
00C 0 - ° -,
y
Resolution No. PC -2007-
Page 19
78. Prior to any work being conducted within any State, County, or City right of way,
the applicant shall obtain all necessary encroachment permits from the
appropriate agencies and provide copies of these approved permits and the
plans associated with the permits to the City Engineer.
79. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and
particulate matter (aerosols /dust) generated during construction operations must
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 must cease in order to
minimize associated air pollutant emissions.
80. 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.
81. 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.
82. The applicant shall post in a conspicuous location the construction hour limitation
and make each construction trade aware of the construction hour limitations.
GRADING
83. 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.
84. 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.
Resolution No. PC -2007-
Page 20
PUBLIC AND PRIVATE STREETS
85. 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.
86. Prior to issuance of the first building permit all existing and proposed utilities that
are less than 67Kv must be under - grounded as approved by the City Engineer.
DRAINAGE AND HYDROLOGY
87. 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.
88. Drainage and improvement plans must 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 must 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 must be provided to the
satisfaction of the City Engineer. The applicant must make any on -site and
downstream improvements, required by the City, to support the proposed
development.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES)
89. 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 must identify
potential pollutant sources that may affect the quality of discharges to stormwater
and must 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 must be
implemented as part of the grading, improvements and development of the
project.
90. 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,
4'. ,-,A
Resolution No. PC -2007-
Page 21
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.
91. Prior to the starting of grading or any ground disturbance the applicant shall
identify a qualified superintendent for NPDES compliance. The NPDES
superintendent shall be present, on the project site Monday through Friday and
on all other days when the probability of rain is 40% or higher and prior to the
start of and during all grading or clearing operations until the release of grading
bonds. The NPDES superintendent shall have full authority to rent equipment
and purchase materials to the extent needed to effectuate Best Management
Practice. The NPDES superintendent shall provide proof of attendance and
satisfactory completion of courses satisfactory to the City Engineer totaling no
less than 8 hours directed specifically to NPDES compliance and effective use of
Best Management Practice. In addition, an NPDES superintendent shall be
designated to assume NPDES compliance during the construction of streets,
storm drainage systems, all utilities, buildings and final landscaping of the site.
MAINTENANCE
92. Unless otherwise stipulated in the Special Conditions of Approval, any median
landscaping constructed by the project will be maintained by the City. An
Assessment District will be formed to fund the City maintenance costs for any
such median landscaping.
93. Unless otherwise stipulated in the Special Conditions of Approval, parkway
landscaping must 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, must be
conveyed to the Private Responsible Party.
94. Unless otherwise stipulated in the Special Conditions of Approval, all required
on -site drainage improvements and /or stormwater quality [ NPDES] features or
facilities must be maintained by the Private Responsible Party.
95. 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 will be formed to fund City costs
for such maintenance. In such event, any required landscaping and /or drainage
improvements will be conveyed to the City in easements for such purposes.
96. Any Final Map identifying any landscape easement or drainage easement
granted to a Private Responsible Party must 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
-r
Resolution No. PC -2007-
Page 22
it be determined by the City, at its sole discretion, that the maintenance being
provided by the Private Responsible Party is inadequate.
97. If required by a Special Condition of Approval, an Assessment District [herein
"Back -Up District "] will 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 is 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.
98. 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:
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;
submit a check in the amount of $5,000 as an advance to cover the
cost of Assessment Engineering for the formation of the
Assessment District [Note: Developer shall be required to pay for all
final actual assessment engineering costs related to the
Assessment District formation along with City administrative costs.];
b. At least sixty (60) days prior to the planned recordation of any Final Map
or the issuance of any zoning clearance for building permit, which ever
comes first, submit to the City the completed, "City approved" plans for the
Maintained Areas (landscaping, irrigation and NPDES Drainage
Improvements);
C. Prior to the planned recordation of any Final Map or the issuance of any
zoning clearance for building permit, which ever comes first, submit to the
City a signed Petition and Waiver requesting formation of the Assessment
District [Note: The Petition and Waiver must have attached to it as Exhibit
'A' the City approved final draft Engineer's Report prepared by the
Assessment Engineer retained by the City.]
0 0"O � '
Resolution No. PC -2007-
Page 23
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
99. 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:
100. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" must be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
occupancy will not be granted until compliance with all applicable APCD Rules &
Regulations has been satisfactorily demonstrated.
101. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of persons
or to the public or which endangers the comfort, repose, health or safety of, any
such persons or the public or which cause or have a natural tendency to cause
injury or damage to business or property."
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
102. Prior to combustible construction, an all weather access road /driveway and the
first lift of the access road pavement must be installed. Once combustible
construction starts a minimum twenty -foot (20') clear width access road /driveway
must remain free of obstruction during any construction activities within the
development. All access roads /driveways must have a minimum vertical
clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning
radius of forty feet (40').
103. Approved turnaround areas for fire apparatus must be provided when dead -end
Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall
not exceed a five percent cross slope in any direction and shall be located within
one - hundred -fifty feet (150) of the end of the access road /driveway.
104. The access road /driveway must 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.
() (ca? () �v
Resolution No. PC -2007-
Page 24
105. When only one (1) access point is provided, the maximum length may not
exceed eight- hundred feet (800').
106. Public and private roads must be named if serving more than four (4) parcels or
as required by the Fire District.
107. Approved walkways must be provided from all building openings to the public
way or Fire District access road /driveway.
108. Structures exceeding three stories or forty- eight -feet (48') in height must meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy- five -feet (75') in height shall be subject to Fire District high rise building
requirements.
109. Structures greater than 5,000 square feet and /or five (5) miles from a fire station
must be provided with an automatic fire sprinkler system in accordance with
current Ventura County Fire Protection District Ordinance.
110. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater shall not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers.
DEVELOPMENT REQUIREMENTS
111. 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.
112. Minimum six -inch (6 ") high address numbers must be installed prior to
occupancy, must be contrasting in color to the background, and must be readily
visible at night Brass or gold plated number may 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)
must be posted adjacent to the driveway entrance on an elevated post.
113. Prior to combustible construction, fire hydrants must be installed to the minimum
standards of the City of Moorpark and the Fire District, and must be in service.
114. Prior to occupancy of any structure, blue reflective hydrant location markers must
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
must still be installed and must be replaced when the final asphalt cap is
completed.
115. Prior to the issuance of a building permit, building plans for all A, E, H, I, R -1 and
R -2 Occupancies must be submitted, with payment for plan check, to the Fire
District for review and approval.
1?�rw..3
Resolution No. PC -2007-
Page 25
116. Prior to issuance of a building permit the applicant must submit a phasing plan
and two (2) site plans (for the review and approval of the location of fire lanes) to
the Fire District.
117. Prior to occupancy the fire lanes must be posted "NO PARKING FIRE LANE
TOW- AWAY" in accordance with California Vehicle Code and the Fire District
requirements.
118. 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) must 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, must be installed and in service prior to combustible construction and
must conform to the minimum standards of the Ventura County Waterworks
Manual and the Fire District.
119. Prior to installation of any fire protection system; including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one - hundred or more heads must be supervised by a
fire alarm system in accordance with Fire District requirements.
120. 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 must be installed in all buildings in
accordance with California Building and Fire Code.
121. Prior to the issuance of a certificate of occupancy by the Building Division the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
122. 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."
123. Prior to the issuance of a certificate of occupancy by the Building Division the
applicant shall install fire extinguishers in accordance with the Uniform Fire Code.
The placement of extinguishers is subject to review and approval by the Fire
District.
124. 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:
125. 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.
Resolution No. PC -2007-
Page 26
126. 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.
127. At the time water service connection is made, cross connection control devices
must be installed on the water system in a manner approved by the Ventura
County Waterworks District No. 1.
128. Gating of private streets or parking areas must meet the requirements of Chapter
17.32 of the Moorpark Municipal Code and of the Ventura County Fire Protection
District.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
129. 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:
130. 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 must 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 V,.
ITEM: 9.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
n ! 0
FROM: Barry K. Hogan, Community Development Directors
Prepared by Joseph R. Vacca, Principal Planne/
DATE: February 21, 2007 (PC Meeting of 02/27/07)
SUBJECT: Consider Permit Adjustment Number 1 to Residential Planned
Development Permit No. 2004 -01, a Request for Approval of
Architectural Plans for the Carport Structures for the Multi- family
Housing Project of Planning Area 5 of Moorpark Highlands, by Pardee
Homes
BACKGROUND
On April 6, 2005, the City Council unanimously approved Resolution No. 2005 -2306
approving Residential Planned Development Permit No. 2004 -01 for the construction of
102 multiple family housing units in Planning Area 5 of the Moorpark Highlands Specific
Plan area, on the application of Pardee Homes. Special condition of approval number (8)
eight of Resolution No. 2005 -2306, requires the following:
Structures over covered parking shall be designed using architectural vocabularies
which are compatible and comparable to those used on the residence buildings.
This shall include the use of tile roofs and decorative stonework or other
enhancements found on the units. The use of landscaping around the vertical
supports shall be part of the design. A Permit Adjustment shall be applied for and
the architectural plans brought before the Planning Commission for review and
approval prior to the issuance of a zoning clearance for building permit to construct
any unit within Planning Area 5.
DISCUSSION
There are a total of eight carports proposed, two of which cover three parking spaces, five
carports cover four parking spaces and one carport has been designed to cover eight
parking spaces, (please refer to Attachment 1- Carport Assignment). There are two
architectural styles proposed to be compatible with the residential units and to provide
variety and interest in the carport designs. One typical carport design is proposed to have
concrete roof tile, and stucco support columns with rock veneer at the base of the column.
WOR PRI SERV\City Share \Community Development \DEV PMTS \R P D \Pardee Moorpark High lands\2004 \ -01 Pardee . A
R pts \P C 07: 7O2_Ag n d a R pt_Ca rpo rt_A rc h itect u re_PA 5. d oc
Honorable Planning Commission
February 27, 2007
Page 2
The other typical carport design is proposed to have concrete S -tile roofing, with stucco
columns and stucco over slump stone /adobe block at the base of the columns. The
column bases of the carports will have precast concrete caps above the rock veneer or
above the stucco over adobe veneer to ensure longevity of the material which is located
adjacent to parking stalls, (please refer to Attachment 2- Carport Architectural Elevations).
The typical carport cover is twenty one (21) feet in depth by nine (9) feet in width per each
parking stall, consistent with the required parking stall dimensions of our parking ordinance.
All of the carports will be landscaped with a combination of trees and shrubs surrounding
the carport structure along with vines that are intended to grow up the columns and onto
the carport structures, (please refer to Attachment 3- Typical Carport Landscaping).
Staff has worked with the applicant to design carports that are aesthetically pleasing and
well landscaped while maintaining the function of providing shade for parked vehicles with
limited space for alternatives or any further modifications beyond what is proposed.
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: 2/21/07
Planning Commission Action Deadline: 5/20/07
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
OCC O"
Honorable Planning Commission
February 27, 2007
Page 3
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.
Upon City Council's adoption of Resolution No. 2005 -2306, the City Council determined
that the project was consistent with the findings of the Final Environmental Impact Report,
and any amendments thereto, certified in connection with the Moorpark Highlands -
Specific Plan No. 1995 -02 and has considered information in the environmental document
in its deliberations of the project before making a decision concerning the project. The
carports were originally approved as part of the Residential Planned Development Permit
No. 2004 -01, therefore no further environmental analysis is required.
STAFF RECOMMENDATION
Direct the Community Development Director to approve Permit Adjustment No. 1 to RPD
2004 -01.
ATTACHMENTS:
1. Carport Assignment (under separate cover)
2. Carport Architectural Elevations(under separate cover)
3. Typical Carport Landscaping (under separate cover)
Carport Assignment
(under separate cover)
PC ATTACHMENT 1 ®,,, ` ?;
Carport Architectural Elevations
(under separate cover)
PC ATTACHMENT 2 0C, r, 0,
Typical Carport Landscaping
(under separate cover)
PC ATTACHMENT 3 000
Planning Commission, City of Moorpark, California
Minutes of February 13, 2007 Special Meeting
ITEM: 10.A.
Paae 1
1 The Special meeting of the Planning Commission was held on February 13, 2007, in the
2 City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark,
3 California; 93021.
4 1. CALL TO ORDER:
5 Community Development Director, Barry K. Hogan, called the meeting to order at
6 7:02 p.m.
7 2. PLEDGE OF ALLEGIANCE
8 Community Development Director, Barry K. Hogan, led the Pledge of Allegiance
9 3. OATH OF OFFICE:
10 A. City Clerk Administers Oath of Office to the Planning Commission (Staff:
11 Deborah Traffenstedt)
12 City Clerk, Deborah Traffenstedt, administered the oath of office to Planning
13 Commissioners Mark Di Cecco, Bruce Hamous, Kipp Landis, Robert Peskay and
14 Mark Taillon.
15 Staff attending the meeting included Barry Hogan, Community Development
16 Director; David Bobardt, Planning Manager; Joseph Vacca, Principal Planner;
17 Freddy Carrillo, Community Development Technician; and Gail Rice,
18 Administrative Assistant.
19 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
20 A. Consider Selection of Chair and Vice Chair
21
Mark Di Cecco
22
Bruce A. Hamous
23
Kipp Landis
24
Robert A. Peskay
25
Mark G. Taillon
26 Staff Recommendation: 1) Open the floor to nominations for a Chair; 2)
27 Once sufficient nominations have been made, close the nominations and
28 vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once
29 sufficient nominations have been made, close the nominations and vote.
30 (Staff: David Bobardt)
\ \Mor_pri_serv\City Share \Community Development \COMMISSION\MINUTES\2007 Draft \07_0213_spcm.doc 0 V , Q ;
Planning Commission, City of Moorpark, California
Minutes of February 13, 2007 Special Meeting
Page 2
1 Commissioner Landis moved and Commissioner Peskay seconded a motion to
2 nominate Commissioner Taillon as Chair. The motion carried by unanimous
3 voice vote.
4 Commissioner Di Cecco moved and Commissioner Landis seconded a motion to
5 nominate Commissioner Peskay as Vice Chair. The motion carried by unanimous
6 voice vote.
7 There will be brief recess to allow the Chair and Vice -Chair to be seated.
8 5. PUBLIC COMMENTS:
9 None.
10 6. REORDERING OF, AND ADDITIONS TO THE AGENDA:
11 None.
12 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
13 MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
14 (Future agenda items are tentative and are subject to rescheduling.)
15 A. February 27, 2007
16 • Mod. No. 1 to IPD No. 2000 -01: Moorpark Freeway Corporate Center
17 B. March 27, 2007
18 . RPD No. 2004 -06: Essex Moorpark Apartments
19 Mr. Hogan announced the mandatory ethics training for the Planning
20 Commission, City Council, Parks and Recreation Commission and staff will be on
21 Wednesday - February 28, 2007, and discussed .future agenda items.
22 Vice Chair Peskay offered a rebuttal to a resident's comments published in a
23 local newspaper regarding the city's land use projects.
24 8. PUBLIC HEARINGS: (next Resolution No. PC- 2007 -511)
25 A. Consider Conditional Use Permit (CUP) No. 2006 -05, to Allow the
26 Remodel of an Existing Restaurant (Bauducco's) Add a Bar Convert the
27 Existing Retail Deli to an Additional Bar for the Restaurant Allow Live
28 Entertainment, and Extend the Hours for On -Site Alcohol Consumption to
29 2:00 a.m., at 563 Los Angeles Avenue (Mission Bell Plaza Shopping
30 Center), on the Application of Jessica Manos - Viviani and Mike Takeda
31 Staff Recommendation: 1) Open the public hearing, accept public
32 testimony and close the public hearing; and 2) Adopt Resolution No. PC-
33 2007- conditionally approving Conditional Use Permit No. 2006 -05.
34 (Staff: Joseph Vacca)
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Planning Commission, City of Moorpark, California
Minutes of February 13, 2007 Special Meeting
Page 3
1 Mr. Carrillo gave the staff report
2 The Commission questioned staff on future use changes for this project,
3 definition of a family restaurant, if other restaurants in Moorpark sell alcoholic
4 beverages after 12:00 midnight, definition of live entertainment, and the intended
5 age of restaurant patrons.
6 Chair Taillon opened the public hearing.
7 Mike Takeda, applicant, spoke in favor of the project and responded to questions
8 from the Commission.
9 Chair Taillon closed the public hearing.
10 MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded
11 a motion to adopt Resolution No. PC- 2007 -511, as amended, to include
12 replacement of the word ancillary with complementary in paragraphs C. and G.
13 on page 2; Condition No. 17 add to if the restaurant is sold or the operation is
14 substantially changed, "in the opinion of the Community Development Director ;"
15 and Condition No. 24 add, "the hours of operation may be further adjusted by the
16 Community Development Director." The motion carried by unanimous voice
17 vote.
18 Planning Commission approval of this item is final unless appealed within ten
19 (10) days.
20 B. Consider the Draft Environmental Impact Report Prepared for the
21 California Pepper Trees Maintenance Plan Staff Recommendation: 1)
22 Open the public hearing, accept public testimony and close the public
23 hearing; and 2) Refer the comments to staff for preparation of responses
24 for the Final Environmental Impact Report. (Staff: David Bobardt)
25 Mr. Bobardt gave the staff report.
26 The Commission questioned staff if any written comments were received, on
27 mitigation measures for replacement of the pepper trees, on the determination of
28 a tree's useful life, and on whether this plan satisfied Ventura County's historic
29 designation for the grove of trees.
30 Chair Taillon opened the public hearing.
31 In response to Chair Taillon, Mr. Hogan stated there were no speakers.
32 Chair Taillon closed the public hearing.
33 MOTION: Commissioner Di Cecco moved and Commissioner Landis seconded a
34 motion to approve staff recommendation. The motion carried by unanimous voice
35 vote.
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Planning Commission, City of Moorpark, California
Minutes of February 13, 2007 Special Meeting
Page 4
1 9. DISCUSSION ITEMS:
2 A. Consider Regular Meeting Schedule Time and Place Staff
3 Recommendation: Approve 2007 regular meeting schedule of the fourth
4 (4th) Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall
5 Council Chambers, 799 Moorpark Avenue, Moorpark, CA 93021, and the
6 cancellation of the December 2007 regular meeting. (Staff: David Bobardt)
7 Mr. Bobardt gave the staff report.
8 MOTION: Commissioner Landis moved and Vice Chair Peskay seconded a
9 motion to approve staff recommendation. The motion carried by unanimous voice
10 vote.
11 10. CONSENT CALENDAR:
12 A. Regular Meeting Minutes of September 26 2006
13 B. Regular Meeting Minutes of November 27 2000
14 MOTION: Commissioner Di Cecco moved and Commissioner Landis seconded
15 a motion to approve the consent calendar. The motion carried by unanimous
16 voice vote.
17 11. ADJOURNMENT:
18 Chair Taillon adjourned the meeting at 8:45 p.m.
19
20
21
22 ATTEST:
23
24
Mark G. Taillon, Chair
Barry K. Hogan, Community Development Director
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