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HomeMy WebLinkAboutAG RPTS 2007 0724 PC REGResolution No. PC- 2007 -519 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY — JULY 24, 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. August 28, 2007 Summer Recess B. September 25, 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 July 24, 2007 Page No. 2 8. PUBLIC HEARINGS: (next Resolution No. PC- 2007 -519) A. Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi (Continued from June 26, 2007 meeting) (Staff: Joseph Fiss) Staff Recommendation: Accept public testimony and continue the item with the public hearing open to the September 25, 2007 Planning Commission meeting. B. Consider Conditional Use Permit No. 2007 -09, a Request to Service Motorcycles and Sell Motorcycle Parts and Apparel in an Existing 2,300 Square -Foot Vacant Building Space, Located at 555 Spring Road, Unit B, on the Application of Joe Righetti (Staff: Freddy Carrillo) 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. 2007- approving Conditional Use Permit No. 2007 -09 subject to Conditions of Approval. C. Consider Variance No. 2007 -01 to Allow Exceptions to Minimum Side and Rear Setbacks and Garage Width Requirements for Construction of a Single - Family House on a 3,300 Square -Foot Lot, on Bonnie View Street North of Charles Street, on the Application of Autorn (Dean) Bhusiririt (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2007- approving Variance No. 2007 -01. D. Consider Commercial Planned Development Permit No. 2007 -01 and Tentative Tract Map No. 5743; to Allow Construction of a Proposed Medical Plaza to Include Twenty -Four (24) Medical Services Condominiums for Uses Such As Outpatient Surgery Center, MRI Diagnostic Services, Rehabilitation and Laboratory Services, and Urgent Care; Located on the South Side of Peach Hill Road, East of Spring Road: on the Application of Peach Hill Medical Plaza LLC (Larry Greene) (Staff: Joseph Fiss) 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 Commercial Planned Development Permit No. 2007 -01 and Tentative Tract No. 5743. 9. DISCUSSION ITEMS: A. Consider the Conformitv Report on Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project (Staff: David Moe) Staff Recommendation: Adopt Resolution No. PC -2007- finding that Amendment No. 2 to the Redevelopment Plan does not affect the General Plan, recommending to the City Council adoption of the Mitigated Negative Declaration, and recommending approval and adoption of Amendment No. 2 to the Redevelopment Plan. \\Mor _pri_serv\City Share \Community Development \COMMISSION\AGENDA \2007 \07_0724_pca.doc Planning Commission Agenda July 24, 2007 Page No. 3 10. CONSENT CALENDAR: A. Regular Meeting Minutes of June 26, 2007. 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------I----------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). \ \Mor _pri_sery \City Share \Community Development \COMMISSION\AGENDA \2007 \07_0724_pca.doc STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING . AGENDA I, Gail Rice, declare as follows: That I am the Administrative Assistant of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, July 24, 2007, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on July 20, 2007, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 20, 2007 9( J " Gail lfi , Administrative Assistant SACommunity Development \COMMISSION\AGENDA\2007Wffidavit of Posting.doc ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director ; Prepared by Joseph Fiss, Principal Planner DATE: July 19, 2007 (PC Meeting of 07124107) SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi BACKGROUND /DISCUSSION The public hearing for this application was opened by the Planning Commission on June 26, 2007, and continued with the hearing open to July 24, 2007, at the request of the applicant. The applicant is now requesting a further continuance to the next Planning Commission meeting, and has waived the provisions of the Permit Streamlining Act. STAFF RECOMMENDATION Accept public testimony and continue the item with the public hearing open to the September 25, 2007 Planning Commission meeting. \\Mor _pri_sery \City Share \Community Development\DEV PMTS\C U P\2003- 2007\2007 -04 Circle K\Hgenda Rpts \continuance report.doc 0 C U 0 ITEM: 8.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director Prepared by: Freddy Carrillo, Community Development Technician DATE: June 29, 2007 (PC Meeting of 07/24/07) SUBJECT: Consider Conditional Use Permit No. 2007 -09, a Request to Service Motorcycles and Sell Motorcycle Parts and Apparel in an Existing 2,300 Square -Foot Vacant Building Space, Located at 555 Spring Road, Unit B, on the Application of Joe Righetti BACKGROUND On May 24, 2007, an application was filed for Conditional Use Permit (CUP) No. 2007 -09 to allow the service of motorcycles and to sell motorcycle parts and apparel in an existing 2,300 sq. ft. vacant space, located at 555 Spring Road, Unit B. DISCUSSION Project Setting Existing Site Conditions: The building is located on the west side of Spring Road, between High Street and Second Street, on a 63,360 square -foot lot, south of the Ventura County Transportation Commission (VCTC) Railroad Tracks. The property contains three (3) existing buildings with fifty (50) available parking spaces. A six (6) foot high block wall divides the industrial lot and the Single Family homes. \\mor_pri serv\City Share \Community Development\DEV PMTS \C U P\2003- 2007\2007 -09 Comanche Cycles\Agenda Rpts\PC Agenda Report.doc 0C c Honorable Planning Commission July 24, 2007 Page 2 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site Light Industrial Industrial Park (M- Light industrial, service, D and business office North Light Industrial Industrial Park (M- VCTC Railroad Right- of -Way Medium Density Single Family Single Family Residential South Residences Residential (R-1) Commercial East Light Industrial Planned Unimproved Development (CPS) Commercial West Light Industrial Planned VCTC /Metrolink Development Parking Lot CPD General Plan and Zoning Consistency: The General Plan designation of the site is Light Industrial (M -1) and the Zoning designation is Industrial Park (M -1). The proposed use is consistent with these land use designations, subject to approval of a Conditional Use Permit. A Conditional Use Permit is a permit based on a discretionary decision required prior to initiation or particular uses not allowed as a matter of right. Such permits are subject to development plan review and may be conditioned at the time of approval to insure compatibility with the adjacent development and surrounding area. Circulation: The site access and internal circulation will not be changed. The building and site are appropriately designed for the proposed use. Parking: Customer parking is provided on -site. Driveways and backing areas are shared by the abutting and adjacent buildings. No modifications to the parking lot striping are proposed or anticipated at this time. 009 0( Honorable Planning Commission July 24, 2007 Page 3 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: Hours of Operation • Customer Test Drive Route • Repairs and Mechanics Engine /Drive Testing Hours of Operation: The applicant has indicated hours of operation from 9:00 a.m. to 6 :00 p.m., Tuesday through Saturday. Staff has evaluated these hours for this use and determined that although these hours are appropriate, future market demands may induce the applicant to request operation of the retail portion of the facility seven days a week. A condition of approval has been added restricting the hours and days of the repair operation, but not the days of the retail operation. Any special events would be subject to approval of a Temporary Use Permit. Customer Test Drive Route: The applicant has not proposed a customer test drive route. Staff has reviewed the location of this proposal and its proximity to residential neighborhoods and determined that a pre- determined test drive route should be established. A condition of approval has been added to require the applicant to submit a test drive route, subject to review and approval by the Planning Director. Repairs and Mechanics Engine /Drive Testing: The applicant has indicated that all vehicle repairs will be done within the building. Engine and exhaust noises will be controlled by a 120 square -foot pre- engineered modular system called an INC Dyno Test Room. The sound -proof modular system has four inch (4 ") thick acoustical metal panels that are designed specifically for motorcycle engines and exhaust pipes. The Dyno Test Room will absorb and contain the noise level to an acceptable level. Staff has added a condition of approval to ensure that no outdoor repair or testing takes place, other than road tests. To keep noise level down, any engine testing will be completed in the Dyno Test Room. It is assumed that, occasionally, vehicles will be road - tested by repair personnel. As mentioned above, a condition of approval has been added to require the applicant to submit a test drive route, subject to review and approval by the Planning Director. 0 e« -CC Honorable Planning Commission July 24, 2007 Page 4 Findings Staff analysis of the proposed project has determined that the following necessary findings have been met: The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code in that it furthers Goal 7 and Goal 8 of the Land Use Element of the General Plan as follows: "Goal 7: Provide for a variety of commercial facilities which serve community residents and meet regional needs" and "Goal 8: Provide for new commercial development which is compatible with surrounding land uses ". 2. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the use has been evaluated with respect to neighboring property and is consistent with surrounding land uses, and conditions of approval have been added to limit the customer test routes of the motorcycles to the industrial area and the freeway and to restrict all repairs and engine testing to the INC Dyno Test Room. 3. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions of approval have been added to address any potential detrimental effects. 4. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located in that this use is similar in nature to permitted and conditionally permitted uses within the M -1 Zone and is in an area which is substantially developed. 5. The proposal is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character in that this is an existing building that has been developed consistent with the surrounding architecture of the area. 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: O( CC r Honorable Planning Commission July 24, 2007 Page 5 Date Application Determined Complete: May 24, 2007 Planning Commission Action Deadline: August 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. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1 — Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. 2007- approving Conditional Use Permit No. 2007 -09 subject to Conditions of Approval. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Site Plan (Under Separate Cover) B. Proposed Floor Plan (Under Separate Cover) 3. Draft PC Resolution with Special and Standard Conditions of Approval Location Map Conditional Use Permit No. 2007 -09 555 Spring Road PC ATTACHMENT 00000" Project Exhibits A. Site Plan B. Proposed Floor Plan (under separate cover) PC ATTACHMENT 2 RESOLUTION NO. PC -2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007 -09, TO SERVICE MOTORCYCLES AND SELL MOTORCYCLE PARTS AND APPAREL IN AN EXISTING 2,300 SQUARE -FOOT BUILDING SPACE, LOCATED AT 555 SPRING ROAD, UNIT B, ON THE APPLICATION OF JOE RIGHETTI. WHEREAS, at a duly noticed public hearing on July 24, 2007, the Planning Commission considered Conditional Use Permit No. 2007 -09, a request to service motorcycles and sell motorcycle parts and apparel in an existing 2,300 square -foot building space, located at 555 Spring Road, Unit B, on the application of Joe Righetti. WHEREAS, at its meeting of July 24, 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, closed the public hearing, and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Planning Director's determination that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines as a Class 1 exemption for Existing Facilities, and no further environmental documentation is required. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code in that it furthers Goal 7 and Goal 8 of the Land Use Element of the General Plan as follows: "Goal 7: Provide for a variety of commercial facilities which serve community residents and meet regional needs" and "Goal 8: Provide for new commercial development which is compatible with surrounding land uses ". The Conditional Use Permit is compatible with the character of surrounding development in that the use is consistent with surrounding uses and the architectural style of the existing building is consistent with surrounding buildings and will not change. \lmor_pri_sery \City Share \Community Development\DEV PMTS\C U P\2003- 2007\2007 -09 Comanche Cycles \Reso \PC Reso.doc\\rnor_pri_serv\City Share \Community Development \DEV PMTS \C U P\2003- 2007\2007 -09 Comanche Cycles\Reso \PC Reso.doc PC ATTACHMENT 3 004" X11 Resolution No. PC -2007- Page 2 B. The Conditional Use Permit is compatible with the character of surrounding development in that the use is consistent with surrounding uses and the architectural style of the existing building is consistent with surrounding buildings and will not change. C. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the use has been evaluated with respect to neighboring property, and is consistent with surrounding land uses and has been conditioned to limit the customer test routes of the motorcycles to the industrial area. D. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions of approval have been added to take care of any detrimental effects. E. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located in that this use is similar in nature to permitted and conditionally permitted uses within the M -1 Zone and is in an area which is substantially developed. F. The Proposal is compatible with the scale, visual character and design of the surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character in that this is an existing building that has been developed consistent with the surrounding architecture of the area. SECTION 2. CONDITIONAL USE PERMIT APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2007 -09 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. Resolution No. PC -2007- Page 3 SECTION 3. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 24th day of July, 2007. Mark Taillon, Chair David A. Bobardt Planning Director Exhibit A — Special and Standard Conditions of Approval Resolution No. PC -2007- Page 4 EXHIBIT A SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2007 -09 1. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2007 -09, except any modifications as may be required to meet specific Building Code and Zoning Code standards or other conditions stipulated herein. 2. No change to the floor plan that increases the amount of required parking is permitted with this approval. 3. All exterior areas of the site, including landscaping and parking areas must be maintained free of litter and debris at all times. 4. Any signs must be approved by the Planning Director under separate permit. 5. The hours and days of the repair operation are restricted to 8:00 a.m. to 6:00 p.m., Tuesday through Saturday. The hours may be subsequently modified by the Planning Director as necessary upon written notice to the permittee. 6. The hours of the retail operation shall be restricted to 8:00 a.m. to 6:00 p.m., daily. The hours may be modified by the Planning Director as necessary upon written notice to the permittee. 7. Any special events require prior approval of a Temporary Use Permit. 8. The applicant shall submit a test drive route satisfactory to the Planning Director for approval prior to the issuance of a certificate of occupancy. The test drive route may be modified by the Planning Director upon written notice to the permittee. 9. All road tests shall follow the same route as determined for test drives. 10. Other than road testing, all vehicle repairs must occur within the building, and engine testing must occur within inside the INC Dyno Test Room. No outdoor repair is allowed. Fire Department Conditions 11. Fire Code Permits: The Applicant and /or tenant shall obtain all applicable Uniform Fire Code (UFC) permits prior to occupancy or use of any system or item requiring an UFC permit. This includes flammable liquids and any welding or hot work. The applicant should also be advised that welding or hot work may require that the building meet the requirements of an "H" occupancy (hazardous). Resolution No. PC -2007- Page 5 STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2007 -09 A. GENERAL REQUIREMENTS 1. The permittee's acceptance of this permit and /or commencement of construction and /or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The continued maintenance of the permit area and facilities is subject to periodic inspection by the City. The Permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) business days after notification. 3. This permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plans on file in the Community Development Department office. The location of all site improvements shall be as shown on the approved plans except or unless otherwise indicated herein in the following conditions. All proposed uses of these buildings shall require the issuance of a Zoning Clearance from the Community Development Department. The Department may determine that certain uses will require other types of entitlements or environmental assessment. 4. This development is subject to all applicable regulations of the Moorpark Municipal Code including applicable zoning regulations, and all requirements and enactments of Federal, State, Ventura County, City authorities, and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 5. In the event that the uses for which the Conditional Use Permit as approved is determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the business unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit based upon the evidence presented at the hearing. 6. No conditions of this entitlement may be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 7. If any of the conditions or limitations of this permit are held to be invalid, that holding does not invalidate the remaining conditions or limitations set forth. 8. The Permittee agrees as a condition of issuance and use of this permit to defend, at his /her sole expense, any action brought against the City because of issuance (or renewal) of this permit. Permittee will reimburse the City for any court costs 0oo01 -„ Resolution No. PC -2007- Page 6 and /or attorney's fees which the City may be required by the court to pay as a result of any such action or in the alternative to relinquish this permit. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve Permittee of his /her obligation under this condition. 9. In order to determine if the proposed use(s) are compatible with the zoning and terms and conditions of the permit prior to initial occupancy or any subsequent change of tenant occupancy, the owner of the subject building, or the owners representative shall apply for and receive a Zoning Clearance from the Community Development Department. 10. Prior to commencement of any use approved under this permit the issuance of a Certificate of Occupancy by the Building and Safety Department shall be required. A Certificate of Occupancy may not be issued until all on -site improvements specified in this permit have been completed or the Permittee has provided a faithful performance surety. At the discretion of the Planning Director and upon the posting of surety by the Permittee, said on -site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. Upon completion of the required improvements to the satisfaction of the Planning Director, the surety may be exonerated. In case of failure to comply with any term or provision of this agreement, the Planning Director shall declare the surety forfeited. 11. Prior to occupancy, those proposed uses, which require review and approval for compliance with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, shall obtain the necessary permits from Ventura County Environmental Health Division and provide proof of said permits to the Community Development Department. If required by the County Environmental Health Division, the Permittee shall prepare a hazardous waste minimization plan. 12. No later than ten (10) days after any change of property ownership or change of lessee(s) or operator(s) of the subject building, the current or new owner shall file the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) with the Community Development Department. The change of ownership letter shall include an acknowledgement that the new owner agrees with all conditions of this permit. 13. If in the future, any use or uses are contemplated on the site differing from that specified in the Zoning Clearance approved for the occupancy, either the Permittee, owner, or each prospective tenant shall file a project description prior to the initiation of the use. A review by the Planning Director will be conducted to determine if the proposed use is compatible with the surrounding area and the terms and conditions of this permit, and if a Minor or Major Modification to the Planned Development Permit is required. A new Zoning Clearance shall be required. All applicable fees and procedures shall apply for said review. 14. Prior to the issuance of a building permit the contractor shall provide proof to the Building Division that all contractors doing work in Moorpark have a valid 00� 0 '' " Resolution No. PC -2007- Page 7 Business Registration Permit. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. 15. The development shall comply with the requirements of the Ventura County NPDES permit CAS 004002. - END - ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director Prepared by Joseph Fiss, Principal lanne DATE: July 2, 2007 (PC Meeting of 7124/07) SUBJECT: Consider Variance No. 2007 -01 to Allow Exceptions to Minimum Side and Rear Setbacks and Garage Width Requirements for Construction of a Single - Family House on a 3,300 Square -Foot Lot, on Bonnie View Street North of Charles Street, on the Application of Autorn (Dean) Bhusiririt BACKGROUND On February 15, 2007 the owner of the subject property filed a variance application to allow construction of a single family dwelling on an existing substandard legal lot. Section 17.52.090 of the Moorpark Municipal Code allows the development of a lot of less area than required if it is a legal lot. A variance may be granted by the Planning Commission to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off - street parking, landscaping and wall, fencing and screening standards, providing certain findings can be made as outlined in Section 17.44.040(E) of the Moorpark Municipal Code. DISCUSSION Project Setting Existing Site Conditions: The lot is a substandard, steeply sloping property on a narrow public street. The lot is irregularly shaped, similar to a small "flag" lot, except with street frontage at the top of the slope. The site is vacant, with vegetation consisting mostly of shrubs, weeds, and a few trees on the slope. Previous Applications: There have been no previous discretionary applications related to this property. \ \Mor_pn_sery \City Share\Community DevelopmenADEV PMTS \Variance\2007 -01 \PC Agenda Report.doc Honorable Planning Commission July 24, 2007 Page 2 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site Medium Density Single Family Single Family Residential (M) Residential (R -1) Residential North Medium Density Single Family Single Family Residential (M) Residential (R -1) Residential Residential South Medium Density Planned Single Family Residential (M) Development Residential (RPD) East Medium Density Single Family Single Family Residential (M) Residential (R -1) Residential West Medium Density Single Family Single Family Residential M Residential R -1 Residential General Plan and Zoning Consistency: The Medium Density Residential (M) General Plan Land Use designation and the Single Family Residential (R -1) Zoning designation allow for a single family home on one lot. Project Summary Proposed Project Architecture: The proposed house is of a contemporary architectural style. Exterior materials consist of stucco walls, redwood siding, exposed cast in place concrete, and asphalt shingle roofing. The elevations that will be most visible will be the west, from Bonnie View Street, and the east, from Spring Road. A condition of approval has been added to provide for enhanced architecture and landscaping of the east elevation, to soften the impact of the view from Spring Road. Setbacks: The applicant has applied for a variance from the side and rear setback requirements. The Zoning Code allows that, In situations where a single - family residential lot is so irregular, as to prohibit or unduly restrict the construction of a single - family home, within the required setbacks noted in this title, the Director shall have the authority to alter the setback locations, i.e., front, side and rear yards, to enable the property owner to enjoy the same privileges as those enjoyed by other property owners in the same area. In this case, the Director has interpreted that the south portion of the lot should be considered as the front setback; the north portion of the lot should be considered as the rear setback; and, the east Honorable Planning Commission July 24, 2007 Page 3 and west portions of the lot should be considered as the side setback. Using this interpretation, the applicant is able to have the house designed to encroach into the side and rear setback while maintaining a driveway designed to keep vehicles out of the right -of- way. Circulation /Parking: As mentioned above, the design of the home and the lot allow for a long driveway that is designed to give access to a two -car garage and to allow vehicles to exit the lot without backing out onto a steep road. Due to the "triangular" shape of the developable pad, the garage becomes slightly narrower than the current code requires, thus necessitating an additional variance request. The code requires that the interior clear space of a private two -car garage be twenty feet (20') wide by twenty feet (20') deep. In order to maintain a five foot (5') setback on the street side, the width of the proposed garage is eighteen feet, eight inches (18' -8 "). This width can generally accommodate two reasonably sized vehicles without difficulty, but it does not leave room for storage on the sides. The applicant has proposed a driveway at the bottom of the slope, along the narrowest part of the property. Staff has worked with the applicant to design a driveway that will not require backing up on to Bonnie View Street. Vehicles would back down the driveway into a turning area where they can be maneuvered forward onto Bonnie View Street. Site Improvements and National Pollution Discharge Elimination Standards Requirements_ N( PDES ): 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. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their decision: • Applicability of a Variance As mentioned at the beginning of this report, Section 17.52.090 of the Moorpark Municipal Code allows the use of land as permitted for the zone in which it is located a lot of less area than that required by the regulations of such zone if and only if the lot is a legal lot. In this case, this is a legal lot that has been reduced in area by the extension of Bonnie View Street. This, combined with the terrain of the lot has created a situation, where, although the code allows development, several development standards can not be met, creating a physical hardship with this property. Honorable Planning Commission July 24, 2007 Page 4 A variance is a tool that can be used to remedy unusual situations such as this, by allowing development under unusual circumstances, essentially creating a "level playing field ". In this case, appropriate findings can be made to allow deviations from ordinance regulations governing setbacks and garage dimensions and allow for reasonable development of the property. Findings 1. There are special circumstances applicable to the subject property with regard to size, shape, topography, location or surroundings, such that the strict application of the zoning regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts in that approval of the variance allows development of one single family home on a single family lot, the same as others in the district; 2. The granting of the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone in that the proposal is not for a structure that is larger than others in the district; 3. The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations in that it would be impractical to develop a structure meeting development standards; 4. The granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties in that the structure is appropriate for the neighborhood, and the setback encroachments do not affect any adjacent properties; PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: June 15, 2007 Planning Commission Action Deadline: September 13, 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. 0()nol -` Honorable Planning Commission July 24, 2007 Page 5 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15303 (Class 3, New Construction of Small Structures) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2007- approving Variance No. 2007 -01. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits (Under separate cover) A. Site Plan B. Floor Plan C. Elevations 4. Draft PC Resolution with Conditions of Approval 004`011t7"'.1 Honorable Planning Commission July 24, 2007 Page 6 �HARLFS Si LRlES Si AR_Ci S _ .... �A _- _.___� i __ al LOCATION MAP PC ATTACHMENT 1 00� `017 Honorable Planning Commission July 24, 2007 Page 7 AERIAL PHOTOGRAPH PC ATTACHMENT 2 Project Exhibits A. Site Plan B. Floor Plan C. Elevations (under separate cover) PC ATTACHMENT 3 RESOLUTION NO. PC -2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, APPROVING VARIANCE 2007 -01 TO ALLOW EXCEPTIONS TO MINIMUM SIDE AND REAR SETBACKS AND GARAGE WIDTH REQUIREMENTS FOR CONSTRUCTION OF A SINGLE - FAMILY HOUSE ON A 3,300 SQUARE -FOOT LOT, ON BONNIE VIEW STREET NORTH OF CHARLES STREET, ON THE APPLICATION OF AUTORN (DEAN) BHUSIRIRIT WHEREAS, at a duly noticed public hearing on July 24, 2007, the Planning Commission considered Variance 2007 -01 to allow exceptions to minimum side and rear setbacks and garage width requirements for construction of a single - family house on a 3,300 square -foot lot, on Bonnie View Street north of Charles Street, on the application of Autorn (Dean) Bhusiririt; and WHEREAS, at its meeting of July 24, 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 this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for new construction of small structures NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. VARIANCE FINDINGS: 1. There are special circumstances applicable to the subject property with regard to size, shape, topography, location or surroundings, such that the strict application of the zoning regulations denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts in that approval of the variance allows development of one single family home on a single family lot, the same as others in the district; 2. The granting of the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone in that the proposal is not for a structure that is larger than others in the district; 3. The strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations in that it would be impractical to develop a structure meeting development standards; \SMor_ph_serv\City Share\Community DevelopmentNDEV PMTS\Variance\2007- 01\PC_Reso_.doc PC ATTACHMENT 4 0000; We ,I Resolution No. PC -2007- Page 2 4. The granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties in that the structure is appropriate for the neighborhood, and the setback encroachments do not affect any adjacent properties; SECTION 2. APPROVAL: The Planning Commission approves Variance 2007- 01 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. FILING OF RESOLUTION: The Planning Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 24th day of July, 2007. Mark Taillon, Chair David A. Bobardt Planning Director Exhibit A — Conditions of Approval opjj o «.. Resolution No. PC -2007- Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR VARIANCE NO. 2007 -01 1. The development shall be in substantial conformance with the plans presented in conjunction with the application for Variance No. 2007 -01, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 2. Application and approval of an Administrative Permit is required prior to initiation of construction of the home. 3. A six foot (6') high decorative block wall shall be constructed on the north and east side of the lot, adjacent to the structure. The precise location of the wall shall be determined by the Planning Director. 4. All necessary permits shall be obtained from the Building and Safety Division and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding will not invalidate any of the remaining conditions or limitations set forth. 6. No plumbing facilities except for a water heater and utility sink, located outside the parking area, are permitted in the garage. 7. Approval of a Zoning Clearance shall be required prior to the issuance of Building Permits. All other permit and fee requirements, including, but not limited to Air Quality Fee, Art in Public Places Fee, Park Fees, Tree and Landscape Fee, Citywide Traffic Mitigation Fee, Area of Contribution Fee, Fire Protection Facilities Fee, Police Facilities Fee and Library Facilities Fee must be met. For work done by other than the homeowner, a contractor must have a valid City of Moorpark Business Registration Permit. 00c()" ITEM: 8.D. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director , Prepared by Joseph Fiss, Principal Planner DATE: July 17, 2007 (PC Meeting of 7/24/07) SUBJECT: Consider Commercial Planned Development Permit No. 2007 -01 and Tentative Tract Map No. 5743; to Allow Construction of a Proposed Medical Plaza to Include Twenty -Four (24) Medical Services Condominiums for Uses Such As Outpatient Surgery Center, MRI Diagnostic Services, Rehabilitation and Laboratory Services, and Urgent Care; Located on the South Side of Peach Hill Road, East of Spring Road; on the Application of Peach Hill Medical Plaza LLC (Larry Greene) BACKGROUND On March 9, 2007 an application was filed by Peach Hill Medical Plaza LLC (Larry Greene) for a Commercial Planned Development Permit and Tentative Tract Map to allow construction of an approximately 36,000 square foot medical condominium building on 2.78 acres on the south side of Peach Hill Road between Spring Road and Miller Parkway. DISCUSSION Project Setting Existing Site Conditions: The 2.78 acre site is located on the south side of Peach Hill Road, east of Spring Road, between the Moorpark Presbyterian Church on the west and the Pinecrest Elementary School on the east. Previous Applications: On June 16, 1999, the City Council adopted Resolution No. 99 -1623, approving Commercial Planned Development (CPD) No. 98 -2 for a 38 -bed residential dementia care facility on the application of the Damone Group. This facility was never built and the entitlement expired. 00f<0 Honorable Planning Commission July 24, 2007 Page 2 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. 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. 4974 is for the southern portion of the Amended Carlsberg Specific Plan. GENERAL PLANIZONING Direction General Plan Zoning Land Use Site Specific Plan Carlsberg Specific Unimproved Plan (Institutional) Medium Density Residential North Residential Planned Church Development South Specific Plan Carlsberg Specific Private Elementary Plan (Institutional) School Carlsberg Specific East Specific Plan Plan (Middle Middle School School) Medium Density Residential West Residential Planned Residential Development General Plan and Zoning Consistency: On June 20, 2007, the City Council concurred with the interpretation of the Community Development Director that permitted land uses in the "Institutional" area of the Carlsberg Specific Plan under Ordinance No. 195 includes such uses as medical offices, x -ray centers, urgent care centers, medical laboratories, magnetic resonance imaging laboratories, and pharmacies. The proposed uses are consistent with this interpretation. Project Summary The applicant is proposing the construction of an approximately 36,000 square foot medical condominium building on a 2.78 acre lot within the Carlsberg Specific Plan area. The proposed subdivision of Lot 3 of Tract No. 4974 will create twenty -four (24) condominium offices with common parking, corridors, lobbies, and other facilities. A property owners association with Covenants, Conditions and Restrictions will be established. Honorable Planning Commission July 24, 2007 Page 3 Proposed Project Architecture: The proposed architecture is of a contemporary style, with a stucco exterior and a standing seam metal roof. Cedar accent siding and metal store fronts and trellises accent the building. The colors of the building are natural greens and browns, with a grey roof. With the exception of the roof material, the style, colors, and material take cues from the surrounding buildings and complement them without replicating them. Staff has carefully evaluated the use of a metal roof in this context and determined that its use is not appropriate, given the surrounding institutional and residential buildings. A condition has been added to require a clay tile roof that matches the architectural style of the building, subject to the review and approval of the Planning Director. The rear elevation of the building will be highly visible from Spring Road and the homes to the west, in the Peach Hill and surrounding area. The architect has designed the trash and loading area so that they will not be visible from Spring Road. Staff has worked with the architect on minor modifications to the building, which are discussed in the analysis section of this report. Setbacks: The building has been sited to the rear of the lot, providing for landscaping and parking on the Peach Hill Road frontage. The use of the Commercial Planned Development process allows for flexibility in design standards to encourage better use of land and improved design and site planning. A typical front landscaped setback for this type of building is twenty (20) to thirty (30) feet. In this case, the parking lot has been designed such that there is a twenty foot (20') front setback to edge of the pavement; however, the two foot (2') parking overhang encroaches into the front setback. In order to mitigate this encroachment and to provide enhanced landscape along the Peach Hill Road Frontage, a condition has been added, requiring additional landscaped diamonds within the parking lot in this area. This, combined with the slope landscaping to the north and south of the building, will provide for enhanced landscaped areas, consistent with the goals of the Commercial Planned Development process. Circulation and Parking: The proposed on -site circulation, parking, and loading area are appropriate for a medical services building. One driveway from Peach Hill Road provides entry and exiting to the parking lot, which is divided into two "looped" sections. The main entrance to the building is easily accessible from any parking space and there are adequate sidewalks to accommodate passenger loading and unloading. Since this is not a hospital with an emergency room, it is not anticipated that ambulances will be delivering patients to this location. Paratransit vans may occasionally bring patients for appointments; however these vehicles would typically pull up to the front of the building to discharge passengers, just as they would when transporting passengers to any other facility. Paratransit vans may also park in accessible parking spaces if necessary. A pedestrian stairway is proposed to allow shared parking with the Presbyterian Church to the north. Since this Honorable Planning Commission July 24, 2007 Page 4 building proposes, and the Church has, code required parking on site, the shared use of the pedestrian stairway is not subject to any zoning requirements, easements, or conditions of approval. Any such use is subject to a private agreement between the owners of the two properties. Under equal access requirements, an adjacent accessible ramp may be required if the stairway is built. If this is required, a Permit Adjustment would be required to ensure that slope landscaping issues are addressed. Building Square Required Standard Accessible Total Parking Footage Parking @ Parking Spaces Parking Spaces Spaces 1/300 Provided 36,157 1 121 1 116 5 121 Traffic: The applicant has provided a Traffic Impact Study for the project. According to the study, this project is anticipated to generate approximately 1,306 trip -ends per day, based upon the standards of the Institute of Traffic Engineers (ITE). The study analyzed the impacts to the intersections of Spring Road /Los Angeles Avenue, Miller Parkway at Los Angeles Avenue and Tierra Rejada Road, and Moorpark Avenue /Los Angeles Avenue, based upon the projects trip generation, trip distribution, existing arterial highway and local street systems. With or without the project, these intersections are projected to operate at unacceptable levels during peak hours. Traffic impact fees have been included as conditions of approval to address project related traffic impacts. Landscaping: The lot consists of an existing rough graded pad which has been cleared. There is a slope on the south side of the lot which contains several Tristania Trees, two Acacias, and miscellaneous.shrubs. A retaining wall is proposed between the eastern property line and the parking lot. The remaining slope, and the existing slope to the north will be required to be landscaped in a manner consistent with the surrounding buildings while at the same time providing adequate drainage, slope support and erosion control. Landscaping consistent with the City's Landscape Guidelines will be required in the parking lot and all setback areas. The slope area adjacent to this property is jointly owned and maintained by Pinecrest School and the subject property. In the past the maintenance of this slope area has been inconsistent with those areas along Spring Road that are maintained by the landscape maintenance district. This will be further addressed in the analysis section of this report. Site Improvements and National Pollution Discharge Elimination Standards Requirements N! PDES): 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 Honorable Planning Commission July 24, 2007 Page 5 treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Air Quality: According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed project will produce 11.38 pounds of NOX per day, which is below the allowable 25 pound per day threshold, providing a conclusion that there will not be an impact on regional air quality. However, as is required with all projects, staff incorporates a standard condition requiring a minimum contribution to the Moorpark Traffic Systems Management Fund. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: As mentioned above, certain architectural modifications are in order, as follows: • West (Rear) Elevation • Parapets • Balconies • Seat Wall • Spring Road Slope Landscaping and Maintenance West (Rear) Elevation: The west elevation of the building will be highly visible from Spring Road and the adjacent Peach Hill neighborhood. This elevation should be enhanced with the same strong visual details as the east (front) elevation of the building. From the elevation drawings, this elevation appears well detailed, however, a condition of approval will be added to ensure that careful attention is paid to the detailing, subject to the approval of the Planning Director. Additionally, as with all new commercial buildings, no external drains, scuppers, ladders or other similar appurtenances will be allowed. Utility meters, transformers and standpipes must be painted to match the building where appropriate, and must be obscured from view by walls or landscaping. Reflective glass windows and storefronts are not permitted. Parapets: The design of the building provides for pitched roofs with a large equipment well behind a parapet. The vertical portion of the parapet extending behind the pitched roof is incongruous with the horizontal design of the building. Although it is required that equipment be no higher than the parapet, this can be accomplished by increasing the pitch of the roof, or deepening the equipment well. A condition of approval has been added to this effect. 000091_4 Honorable Planning Commission July 24, 2007 Page 6 Balconies: Staff encourages the use of balconies because they can be used to provide for a respite from an office environment. Potted plants can be placed on the balconies to provide natural visual interest where there would otherwise only be a structure. The applicant has proposed balconies with a tubular steel railing, which is a fairly "cold" element on an otherwise "warm" building. The use of open tubular steel also does not screen things like outdoor furniture, which may not be consistent with the nature of the building. Staff has added a condition requiring that the stucco wall be extended to the top of the balcony rail, replacing the tubular steel. The condition has been worded to allow other design options, subject to the approval of the Planning Director. This allows the applicant additional design flexibility for the choice of materials. Seat Wall: It has become increasingly important to balance a sense of place with "defensible spaces ". The applicant has proposed seat walls at the front and rear entrances of the building. These walls, although pleasant when used properly, can be damaged by improper recreational use, including skateboarding and bicycling. In order to discourage improper use, staff has added a condition requiring decorative anti - skateboard devices at several points along the seat wall. There are many different devices that can be used to creatively enhance the seating area in a manner that respects the integrity of design of the building. Spring Road Slope Landscaping and Maintenance: When the Carlsberg Specific Plan was approved the slope area along Spring Road adjacent to the subject property and to Pinecrest School was not added to the landscape maintenance district. This was an oversight and should be corrected. Maintenance of this slope area has been inconsistent over the years. A special condition of approval has been added which will require the applicant to work with the City to have this slope area maintained by a landscape maintenance district. Findings Subdivision Findings: A. The proposed map is consistent with the Amended Carlsberg Specific Plan, the City of Moorpark General Plan, and the Zoning Ordinance in that the City Council concurred with the interpretation of the Community Development Director that permitted land uses in the "Institutional" area of the Carlsberg Specific Plan under Ordinance No. 195 includes such uses as medical offices, x -ray centers, urgent care centers, medical laboratories, magnetic resonance imaging laboratories, and pharmacies. . B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan. Honorable Planning Commission July 24, 2007 Page 7 C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that full access to and from Peach Hill Road has been incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not front upon a public waterway as defined in California Government Code Section-66478.1 et seq. 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 general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations; B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area; and C. The proposed uses are compatible with existing and permitted uses in the surrounding area. 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 0000 " Honorable Planning Commission July 24, 2007 Page 8 of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: June 21, 2007 Planning Commission Action Deadline: Not Applicable City Council Action Deadline: September 19, 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 Planning Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15332 (Class 32) of the California Code of Regulations (CEQA Guidelines) as an infill development project.' No further environmental documentation is required. STAFF RECOMMENDATION 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 Commercial Planned Development Permit No. 2007 -01 and Tentative Tract No. 5743. 004,10 Honorable Planning Commission July 24, 2007 Page 9 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits (under separate cover) A. Site Plan/Tentative Tract Map 5743 B. First Floor Plan C. Elevations 4. Draft PC Resolution with Conditions of Approval 0000 Honorable Planning Commission July 24, 2007 Page 10 INS I oil 1 11140 a 1� T NORTH 9 s s t LOCATION MAP PC ATTACHMENT 1 SOUTH SIDE OF PEACH HILL ROAD, EAST OF SPRING ROAD AERIAL PHOTOGRAPH PC ATTACHMENT 2 SOUTH SIDE OF PEACH HILL ROAD, EAST OF SPRING ROAD �J %%RAnr nri cAnA(`ifv Charo\rnmmnnifv nova innmcnt%nF: \/ PKATC\r P (1 gn07_01 Panrh Hill KAArliral \Gnonrla Pnfc \Pr Anonrla Project Exhibits A. Site Plan/Tentative Tract Map 5743 B. First Floor Plan C. Elevations (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 COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2007 -01 AND TENTATIVE TRACT MAP NO. 5743; TO ALLOW CONSTRUCTION OF A PROPOSED MEDICAL PLAZA TO INCLUDE TWENTY FOUR (24) MEDICAL SERVICES CONDOMINIUMS FOR USES SUCH AS OUTPATIENT SURGERY CENTER, MRI DIAGNOSTIC SERVICES, REHABILITATION AND LABORATORY SERVICES, AND URGENT CARE; LOCATED ON THE SOUTH SIDE OF PEACH HILL ROAD, EAST OF SPRING ROAD; ON THE APPLICATION OF PEACH HILL MEDICAL PLAZA LLC (LARRY GREENE) WHEREAS, at a duly noticed public hearing on July 24, 2007, the Planning Commission considered Commercial Planned Development Permit No. 2007 -01 and Tentative Tract Map No. 5743 on the application of Peach Hill Medical Plaza LLC (Larry Greene) for a proposed medical plaza for uses such as outpatient surgery center, MRI diagnostic services, rehabilitation and laboratory services, and urgent care and subdivision into twenty four (24) medical services condominiums, located on the south side of Peach Hill Road, east of Spring Road; and WHEREAS, at its meeting of July 24, 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 Planning Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15332 as a Class 32 exemption for infill projects. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations; \ \Mor_.pn_serv\City Snare \Community Development \DEV PMTS \C P D\2007-01 Peach Hill Med cakReso\PC_Reso_072407 doc PC ATTACHMENT 4 Resolution No. PC -2007- Page 2 B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area; and C. The proposed uses are compatible with existing and permitted uses in the surrounding area. SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies the City Council has determined that the Tentative Parcel Map, with imposition of the attached special and standard Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the Amended Carlsberg Specific Plan, the City of Moorpark General Plan, and the Zoning Ordinance in that the City Council concurred with the interpretation of the Planning Director that permitted land uses in the "Institutional" area of the Carlsberg Specific Plan under Ordinance No. 195 includes such uses as medical offices, x -ray centers, urgent care centers, medical laboratories, magnetic resonance imaging laboratories, and pharmacies. B. The design and improvements of the proposed subdivision are consistent with the City of Moorpark General Plan. C. The site is physically suitable for the type of development proposed in that the site can be engineered to allow for all required utilities to be brought to the site, adequate ingress and egress can be obtained, and the site can be provided with public and emergency services. D. The site is physically suitable for the proposed density of development, in that all City Development standards would be met by the proposed project. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that all potential impacts would be mitigated through project design or conditions. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that adequate sanitation is both feasible and required as a condition of this development. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that full access to and from Peach Hill Road has been incorporated in the design of this project. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq. I. The proposed subdivision does not front upon a public waterway as defined in California Government Code Section 66478.1 et seq. 0o 04 Resolution No. PC -2007- Page 3 SECTION 3. PLANNING COMMISSION RECOMMENDATION: A. The Planning Commission recommends to the City Council approval of COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2007 -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. B. The Planning Commission recommends to the City Council approval of TENTATIVE TRACT MAP NO. 5743 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 4. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 24th day of July, 2007. Mark Taillon, Chair David A. Bobardt Planning Director Exhibit A — Special and Standard Conditions of Approval 00(`0 Resolution No. PC -2007- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2007 -01 AND TENTATIVE TRACT MAP NO. 5743 SPECIAL CONDITIONS 1. The landscape plan must incorporate specimen size trees and other substantial features subject to the review and approval of the Planning Director, with enhanced landscaping west of the building. Where feasible, the applicant shall use native California trees in the landscaping of the project. Specific tree type, species, size and location shall be to the satisfaction of the Planning Director. 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 in this development 2. All landscaping and irrigation must be installed prior to occupancy. 3. Lighting fixtures must be architecturally compatible with the buildings and landscaping. Security and parking lot lighting shall not be attached to the buildings. 4. Visible roof ladders, equipment, vents, exterior drains and scuppers are not permitted. 5. Ground - mounted utility boxes and equipment must be screened with landscaping subject to the review and approval of the Planning Director. 6. 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 Planning Director. 7. All signage must conform to the City's sign requirements and an approved sign program. A monument sign may be constructed consistent with the sign requirements and a sign program as approved by the Planning Director. 8. Prior to the occupancy of the building, the applicant shall form an Assessment District [herein "Back -Up District "] to fund future City costs, should they occur, for the maintenance of parkway landscaping on all public street frontages, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back -Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up Resolution No. PC -2007- Page 5 District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. The aforementioned backup district may include the landscape setbacks including an irrevocable access easement given to the City. 9. During construction, perimeter lighting must be installed at a minimum of 150 foot intervals and at height not less than fifteen (15) feet from the ground. The light source used must have a minimum light output of 2,000 lumens, be protected by a vandal resistant cover, and be lighted during the hours of darkness. Construction lighting is subject to review and approval of the Planning Director and Chief of Police. 10. Prior to the commencement of construction, including grading, fencing not less than six (6) feet in height, which is designed to preclude human intrusion, must be installed along the perimeter boundaries of the construction site and shall be secured with chain and Fire District padlocks for emergency vehicle access. Alternatively, a uniformed security guard, licensed pursuant to Chapter 11 of the Business and Professions Code of the State, shall be utilized to continually patrol the construction site during the hours when construction work has ceased. 11. On -site water detention area(s) may not be so deep, or the sides so steep, as to require fencing, as determined by the Planning Director and City Engineer, prior to issuance of a grading permit. 12. No specific hours of operation are established for the uses in this project; however, the Planning Director shall have the authority to establish hours of operation through a Permit Adjustment when in his /her opinion limits on hours of operations are necessary to maintain compatibility with the adjacent residential uses. Any exterior maintenance, cleaning, sweeping and landscape work may only be performed between 7:00 a.m. and 7:00 p.m. Monday through Saturday. 13. Loading and unloading operations are allowed only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Fridays. More restrictive hours for loading and unloading may be imposed by the Planning Director if there are noise and other issues that make the loading and unloading incompatible with the adjacent residential uses. Idling of trucks while loading or unloading is prohibited. 14. Final architectural and site plan design and detailing, including parking lot, landscaping and lighting design is subject to review and approval of the Planning Director. . The roof material must be of a clay the material, with the specific the design and color subject to the review and approval of the Planning Director. 15. Non - reflective glass must be used on all exterior walls of the building, with specific glass locations to the satisfaction of the Planning Director. 16. The applicant shall prohibit truck parking or storage overnight in the parking lot area. Limited truck parking, when in association with a permitted use, is allowed, but in no case shall there be overnight parking. 0(1'0 -= Resolution No. PC -2007- Page 6 17. Prior to the issuance of a building permit for a building, the applicant shall submit a fencing /wall plan for review and approval of the Planning Director for the walls /fencing of the east, north and west perimeters of the property. 18. The applicant shall submit all of the proposed colors, materials and building finish textures for review and approval to the satisfaction of the Planning Director prior to the issuance of building permits. 19. Prior to the issuance of a grading permit, the applicant shall submit a final hardscape plan to include the treatment of the decorative hardscape areas with integral color and texture at all predominate pedestrian areas, and prominent drive aisles. 20. Prior to installation of hardscape and building materials, a field check and approval by the Planning Director is required. 21. Air conditioning handling units may be no higher than the lowest parapet on the roof and must be painted the same color as the roofing material. There may not be any piping, visible roof ladders, equipment, vents, exterior drains and scuppers or any other exposed equipment on the roof. 22. The applicant shall install additional landscaped diamonds within the parking lot along the Peach Hill Road Frontage subject to the review and approval of the Planning Director. 23. 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. 24. 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. Institutional uses shall pay on the same basis as commercial and industrial uses, except that institutional uses which are exempt from secured property taxes shall be exempt from the fee. 25. The applicant shall participate in intersection improvements for Los Angeles Avenue /Spring Road. The level of participation shall be to the requirements of the City Council Resolution No. 94 -1061. Prior to Final Map approval, a traffic report shall be provided by the applicant to determine the extent of the impact to this intersection. 26. Prior to Zoning Clearance, the applicant shall make a special contribution to the City representing the project's pro -rata share of the cost of improvements at Los Angeles Avenue /Moorpark Avenue. The actual contribution (pro -rata share shall be based upon the additional traffic added to the intersection). The applicant's traffic engineer shall provide the City Engineer a "Fair Share Analysis" of the projects added traffic for calculation of the pro -rata ( "fair share ") amount. 0 0r 0= Resolution No. PC -2007- Page 7 27. In conjunction with the preparation of precise grading and landscape plans, the sight distance shall be reviewed and approved at project access points per City standards. 28. The applicant shall install stop signs, stop bars, and stop legends at project access points. 29. The west (rear) elevation shall be enhanced with the same strong visual details as the east (front) elevation of the building, subject to the review and approval of the Planning Director. 30. The parapet extending beyond the pitched roof must be redesigned, either by increasing the pitch of the roof, or deepening the equipment well, to eliminate the visibility of the parapet behind the pitched roof, subject to the review and approval of the Planning Director. 31. The stucco wall must be extended to the top of the balcony rail, replacing the tubular steel. The developer may propose other design options, subject to the review and approval of the Planning Director. 32. The applicant shall provide decorative anti - skateboard devices at several points along the seat wall subject to the review and approval of the Planning Director. 33. The access /driveway must be extended to be within 150 feet of all portions of the exterior walls of the story of the building and must be in compliance with Ventura County Fire Protection District standards. Where the access roadway cannot be provided, approved fire protection system or systems must be installed as required and acceptable to the Fire District. 34. Prior to the issuance of a certificate of occupancy of the building, the applicant shall form an Assessment District to City costs for the maintenance of the Spring Road slope adjacent to this property. 0 (���0 Resolution No. PC -2007- Page 8 STANDARD CONDITIONS FOR COMMERCIAL PLANNED DEVELOPMENT 2007 -01 A. The following conditions shall be required of all projects: GENERAL REQUIREMENTS 1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. 2. 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 Planning 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. If a Mitigation Monitoring Report and Program (MMRP) has been adopted, 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 Planning Director shall determine compliance based on the measure is the strictest or provides the most favorable outcome for the City. 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 Planning Director informing the Director of the OW'►�?''` Resolution No. PC -2007- Page 9 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 Planning Director. The applicant shall pay for all costs associated with the investigation and disposition of the find. 7. Paleontological Mitigation Plan: If required by the Planning Director, 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 Planning 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), that 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 Planning 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: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. Resolution No. PC -2007- Page 10 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 a Zoning Clearance for a building permit, the applicant shall submit to the Community Development Department Park and Recreation Fees of $0.50 per square foot of building area. 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 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 Resolution No. PC -2007- Page 11 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 this City Engineer based on standard trip generation rates for commercial shopping center developments, applied to the intersections identified in the Archstone Apartments (RPD 1997 -01) and Vintage Crest/USA Properties (RPD 2000 -02) traffic reports. 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. 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. 23. 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 0et"0.:� Resolution No. PC -2007- Page 12 Development Department all energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 24. 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. 25. 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 require approval by the Arts Committee prior to construction. 26. 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. 27. Fish and Game: Within two (2) business days after the City Council adoption of a resolution approving this project, if the City Council action includes adoption of a Negative Declaration or Environmental Impact Report, 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. 28. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the issuance of a Zoning Clearance for building permit, the applicant shall pay to the Community Development Department citywide Storm Drain Discharge Maintenance Fee. The fee shall be paid in accordance with City Council adopted Storm Drain Discharge Maintenance Fee requirements in effect at the time of building permit application. 0()�.0` Resolution No. PC -2007- Page 13 B. Please contact the PLANNING DIVISION for compliance with the following conditions: DEVELOPMENT REQUIREMENTS 29. Prior to the issuance of a certificate of occupancy for any building, the applicant shall submit a Master Sign Program to the Planning Director for review and approval. The Master Sign Program shall be designed to provide comprehensive on -site sign arrangement and design consistent with the commercial /industrial center architecture and the City's Sign Ordinance requirements. 30. For all flat roofed portions of buildings, a minimum eighteen inch (18 ") parapet wall above the highest point of the flat roof shall be provided on all sides. 31. Skylights are prohibited unless approved through the Planned Development Permit process or as a Modification to the Planned Development Permit. 32. Exterior downspouts shall not be permitted unless designed as an integral part of the overall architecture and approved by the city as part of the planned development permit. 33. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot be ground- mounted may be approved by the Planning Director. In no event shall roof - mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) be allowed unless architecturally screened from view on all four sides and painted to match the roof. All screening shall be maintained for the life of the permit. 34. Roof - mounted equipment and other noise generation sources on -site shall be attenuated to 45 decibels (dBA) or to the ambient noise level at the property line measured at the time of the occupancy, whichever is greater. Prior to the issuance of a Zoning Clearance for initial occupancy or any subsequent occupancy, the Planning Director may request the submittal of a noise study for review and approval. The noise study would need to show that the current project attenuates all on -site noise generation sources to the required level or provide recommendations as to how the project could be modified to comply. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 35. Any outdoor ground level equipment, facilities or storage areas including, but not limited to loading docks, trash enclosures, cooling towers, generators, shall be architecturally screened from view with masonry wall and /or landscaping as determined by the Planning Director. 36. A utility room with common access to house all meters and the roof access ladder shall be provided unless an alternative is approved by the Planning Director. Resolution No. PC -2007- Page 14 37. No exterior access ladders of any kind to the roof shall be permitted. 38. Parking areas shall be developed and maintained in accordance with the requirements of the Moorpark Municipal Code. All parking space and loading bay striping shall be maintained so that it remains clearly visible during the life of the development. 39. Prior to any re- striping of the parking area a Zoning Clearance shall be required. All disabled parking spaces and paths of travel shall be re- striped and maintained in their original approved locations unless new locations are approved by the Planning Director. 40. All parking areas shall be surfaced with asphalt or concrete and shall include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or posts in parking areas adjacent to landscaped areas. All parking and loading areas shall be maintained at all times to insure safe access and use by employees, public agencies and service vehicles. 41. The Building Plans shall be in substantial conformance to the plans approved under this entitlement and shall specifically reflect the following: a. Transformer and cross connection water control devices (subject to approval by Ventura County Waterworks District No. 1) shall be shown on the site plan and landscaping and irrigation plan and screened from street view with masonry wall and /or landscaping as determined by the Planning Director. b. Bicycle racks or storage facilities, in quantities as required by the Planning Director. C. Required loading areas with forty -five foot (45') turning radii shall be provided for loading zones consistent with the AASHO WB -50 design vehicle and as required by the Planning Director. If drains from the loading area are connected to the sewer system, they are subject to the approval of Ventura County Waterworks District No. 1. d. Final exterior building materials and paint colors shall be consistent with the approved plans under this permit. Any changes to the building materials and paint colors are subject to the review and approval of the Planning Director. e. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. Trash disposal and recycling areas shall be provided in a location which will not interfere with circulation, parking or access to the building. Exterior trash areas and recycling bins shall use impermeable pavement, be designed to have a cover and so that no other area drains into it, The trash areas and recycling bins shall be depicted on the final construction (oi Resolution No. PC -2007- Page 15 plans, the size of which shall be approved by the Planning Director, City Engineer and the City's Solid Waste Management staff. When deemed appropriate, drains from the disposal and recycling areas shall be connected to the sewer system, and are subject to the approval of Ventura County Waterworks District No. 1. Review and approval shall be accomplished prior to the issuance of a Zoning Clearance for building permit. 42. 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. 43. Any expansion, alteration or change in architectural elements requires prior approval of the Planning Director. Those changes in architectural elements that the Director determines would visible from abutting street(s) shall only be allowed, if, in the judgment of the Planning Director such change is compatible with the surrounding area. Any approval granted by the Director shall be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. 44. When required by Title 15 of the Moorpark Municipal Code, rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to an appropriate drainage system, consistent with NPDES requirements, as determined by the City Engineer. OPERATIONAL REQUIREMENTS 45. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Planning Director and consistent with applicable Zoning Code provisions. 46. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he /she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Planning Director determine that a compatibility study is required; the applicant shall apply for a Modification to the entitlement. 47. The applicant agrees not to protest the formation of an underground Utility Assessment District. 48. The continued maintenance of the subject site and facilities shall be subject to periodic inspection by the City. The Applicant and his /her successors, heirs, and assigns shall be required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) days from written notification. 49. No noxious odors shall be generated from any use on the subject site. 0()CW Resolution No. PC -2007- Page 16 50. The applicant and his /her successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Planning Director. 51. Should continued compliance with these Conditions of Approval not be met the Planning 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). 52. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. 53. 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. 54. 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 Planning Director and City Engineer. Phasing shall avoid, to the extent possible, construction traffic impacts to existing adjacent residential, commercial and industrial areas, if any. 55. Prior to issuance of Zoning Clearance for the first building permit, the applicant shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste Management staff and the Planning Director for review and approval. The Plan shall include a designated building manager, who is responsible for initiating on- site waste materials recycling programs, including acquiring storage bins for the separation of recyclable materials and coordination and maintenance of a curbside pickup schedule. 56. The building manager or designee shall be required to conduct a routine on -site waste management education program to educating and alerting employees and /or residents to any new developments or requirements for solid waste management. This condition shall be coordinated through the City's Solid Waste Management staff. LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS 57. Prior to the issuance of a Zoning Clearance for building permits the applicant shall submit to the Planning Director for review and approval, with the required deposit, three full sets of Landscaping and Irrigation Plans prepared by a 00 r-: O Resolution No. PC -2007- Page 17 licensed landscape architect and drawn on a plan that reflects final grading configuration, in conformance with the City of Moorpark Landscape Standards and Guidelines, policies and NPDES requirements; including, but not limited to, all specifications and details and a maintenance plan. Fences and walls shall be shown on the Landscape and Irrigation Plans, including connection, at the applicant's expense, of property line walls with existing fences and or walls on any adjacent residential, commercial or industrial properties. The plan shall maintain proper vehicle sight distances subject to the review of the City Engineer, and encompass all required planting areas consistent with these Conditions of Approval. Review by the City's Landscape Architect Consultant and City Engineer, and approval by the Planning Director prior to issuance of a Zoning Clearance for building permit, is required. 58. Prior to or concurrently with the submittal of the landscape and irrigation plan, a lighting plan, along with required deposit, shall be submitted to the Planning Director for review and approval. The lighting plan, prepared by an electrical engineer registered in the State of California, shall be in conformance with the Moorpark Municipal Code. 59. Unless otherwise stipulated in the Special Conditions of Approval, the applicant shall be responsible for the maintenance of any and all parkway landscaping constructed as a requirement of the project, whether said parkway landscaping is within the street right -of -way or outside of the street right -of -way. Any parkway landscaping outside of the street right -of -way shall be within a landscape easement. 60. All required landscape easements shall be clearly shown on the Final Map or on other recorded documents if there is no Final Map. 61. Tree pruning, consisting of trimming to limit the height and /or width of tree canopy and resulting in a reduction of required shade coverage for the parking lot area, is prohibited and will be considered a violation of the Conditions of Approval. 62. When available, use of reclaimed water shall be required for landscape areas subject to the approval of the Planning Director, the City Engineer and Ventura County Waterworks District No. 1. 63. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practice landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the Planning Director and City Engineer for review and approval prior to the issuance of a building permit. 041.0 .. Resolution No. PC -2007- Page 18 64. All landscaping shall be maintained in a healthy and thriving condition, free of weeds, litter and debris. 65. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot boundaries shall be in place, unless an alternative installation is approved by the Planning Director. C. Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: GENERAL 66. Grading, drainage and improvement plans and supporting reports and calculations shall be prepared in conformance with the "Land Development Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura County Watershed Protection District; "Standard Specifications for Public Works Construction" as published by BNI (except for signs, traffic signals and appurtenances thereto; for signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for signs and Chapter 86 for traffic signals, and appurtenances thereto, of the "Standard Specifications," most recent edition, including revisions and errata thereto, as published by the State of California Department of Transportation); "Engineering Policies and Standards" of the City of Moorpark, "Policy of Geometric Design of Highways and Streets," most recent edition, as published by the American Association of State Highway and Transportation Officials. In the case of conflict between the standards, specifications and design manuals listed above, the criteria that provide the higher lever of quality and safety shall prevail. Any standard specification or design criteria that conflicts with a Standard or Special Condition of Approval of this project shall be modified to conform with the Standard or Special Condition to the satisfaction of the City Engineer. 67. The applicant and /or property owner shall provide verification to the City Engineer that all on -site storm drains have been cleaned at least twice a year, once immediately prior to October 1 st (the rainy season) and once in January. The City Engineer may require additional cleaning depending upon site and weather conditions. 68. All paved surfaces; including, but not limited to, the parking area and aisles, drive - through lanes, on -site walkways shall be maintained free of litter /debris. Walkways, parking areas and aisles and drive - through lanes shall be swept, washed or vacuumed regularly. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system in accordance with NPDES requirements. 69. Prior to improvement plan approval the applicant shall obtain the written approval on the improvement plans Mylar® sheets for the location of fire hydrants by the Ventura County Fire Prevention Division. (Water and Sewer improvements plans shall be submitted to Ventura County Waterworks District No. 1 for approval.) 0V C% .. Resolution No. PC -2007- Page 19 70. 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. 71. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and particulate matter (aerosols /dust) generated during construction operations shall be minimized in accordance with the City of Moorpark standards and the standards of the Ventura County Air Pollution Control District (APCD). When an air pollution Health Advisory has been issued, construction equipment operations (including but not limited to grading, excavating, earthmoving, trenching, material hauling, and roadway construction) and related activities shall cease in order to minimize associated air pollutant emissions. 72. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the Moorpark Municipal Code standard requirements for construction noise reduction. 73. The applicant shall utilize all prudent and reasonable measures (including installation of a 6 -foot high chain link fence around the construction sites or provision of a full time licensed security guard) to prevent unauthorized persons from entering the work site at any time and to protect the public from accidents and injury. 74. The applicant shall post in a conspicuous location the construction hour limitation and make each construction trade aware of the construction hour limitations. GRADING 75. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map the applicant shall post sufficient surety, in a form acceptable to the City Engineer, guaranteeing completion of all onsite and offsite improvements required by these Conditions of Approval or the Municipal Code including, but not limited to grading, street improvements, storm drain improvements, temporary and permanent Best Management Practice (BMP) for the control of non -point water discharges, landscaping, fencing, and bridges. Grading and improvements shall be designed, bonded and constructed as a single project. 76. Prior to the issuance of a grading permit (should an early grading agreement be approved for this project) or prior to Final Map, whichever occurs first, the applicant shall provide written proof to the City Engineer that any and all wells that may exist or have existed within the project have been properly sealed or have been destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. 0 (1(,017 -- Resolution No. PC -2007- Page 20 PUBLIC AND PRIVATE STREETS 77. Prior to construction of any public improvement the applicant shall submit to the City Engineer, for review and approval, street improvement plans prepared by a California Registered Civil Engineer, enter into an agreement with the City of Moorpark to complete public improvements and post sufficient surety guaranteeing the construction of all improvements. Unless specifically noted in these Standard Conditions or Special Conditions of Approval. 78. Prior to issuance of the first building permit all existing and proposed utilities that are less than 67Kv shall be under - grounded as approved by the City Engineer. DRAINAGE AND HYDROLOGY 79. For a 10 -year frequency storm, local, residential and private streets shall be designed to have one dry travel lane available on interior residential streets. Collector streets shall be designed to have a minimum of one dry travel lane in each direction. 80. Drainage and improvement plans shall be designed so that after - development, drainage to adjacent parcels would not be increased above pre - development drainage quantities for any stormwater model between and including the 10 year and 100 year storms, nor will surface runoff be concentrated by this project. Acceptance of storm drain waters by the project and discharge of storm drain waters from the project shall be in type, kind and nature of predevelopment flows unless the affected upstream and /or downstream owners provide permanent easement to accept such changed storm drainage water flow. All drainage measures necessary to mitigate stormwater flows shall be provided to the satisfaction of the City Engineer. The applicant shall make any on -site and downstream improvements, required by the City, to support the proposed development. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) 81. The applicant shall submit to the City Engineer a Stormwater Pollution Control Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in accordance with requirements of the Ventura Countywide Stormwater Quality Management Program, Technical Guidance Manual for Stormwater Quality Control Measures, NPDES Permit No. CAS004002. The Plans shall identify potential pollutant sources that may affect the quality of discharges to stormwater and shall include the design and placement of recommended Best Management Practice (BMP) to effectively prohibit the entry of pollutants from the construction site into the storm drain system streets and water courses. The Plans shall be implemented as part of the grading, improvements and development of the project. Resolution No. PC -2007- Page 21 82. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the applicant shall submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Stormwater Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activities). The applicant shall also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of permit application. The improvement plans and grading plans shall contain the WDID number for the project. 83. Prior to the starting of grading or any ground disturbance the applicant shall identify a qualified superintendent for NPDES compliance. The NPDES superintendent shall be present, on the project site Monday through Friday and on all other days when the probability of rain is 40% or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. The NPDES superintendent shall have full authority to rent equipment and purchase materials to the extent needed to effectuate Best Management Practice. The NPDES superintendent shall provide proof of attendance and satisfactory completion of courses satisfactory to the City Engineer totaling no less than 8 hours directed specifically to NPDES compliance and effective use of Best Management Practice. In addition, an NPDES superintendent shall be designated to assume NPDES compliance during the construction of streets, storm drainage systems, all utilities, buildings and final landscaping of the site. MAINTENANCE 84. Unless otherwise stipulated in the Special Conditions of Approval, any median landscaping constructed by the project shall be maintained by the City. An Assessment District shall be formed to fund the City maintenance costs for any such median landscaping. 85. Unless otherwise stipulated in the Special Conditions of Approval, parkway landscaping shall be maintained by a Home Owners' Association, a Property Owners' Association or by the property owner [collectively herein "Private Responsible Party "]. In such case, any required landscape easements, shall be conveyed to the Private Responsible Party. 86. Unless otherwise stipulated in the Special Conditions of Approval, all required on -site drainage improvements and /or stormwater quality [NPDES] features or facilities shall be maintained by the Private Responsible Party. 87. When, and if stipulated in the Special Conditions of Approval, that certain identified parkway landscaping and /or drainage improvements are to be maintained by the City, an Assessment District shall be formed to fund City costs for such maintenance. In such event, any required landscaping and /or drainage improvements shall be conveyed to the City in easements for such purposes. Resolution No. PC -2007- Page 22 88. Any Final Map identifying any landscape easement or drainage easement granted to a Private Responsible Party shall also be irrevocably offered for dedication to the City and shown on said Final Map. The City reserves the right to assume the maintenance of parkway landscaping, median landscaping or drainage improvements being maintained by a Private Responsible Party, should it be determined by the City, at its sole discretion, that the maintenance being provided by the Private Responsible Party is inadequate. 89. If required by a Special Condition of Approval, an Assessment District [herein "Back -Up District"] shall be formed to fund future City costs, should they occur, for the maintenance of parkway landscaping, median landscaping or drainage improvements previously maintained by a Private Responsible Party and then assumed by the City. If a Back -Up District is formed, it shall be the intent of the City to approve the required assessment each year, but to only levy that portion of the assessment necessary to recover any past City costs or any anticipated City costs for the following fiscal year. In the event the City is never required to assume the maintenance of any such improvements maintained by a Private Responsible Party, the amount of the annual assessment actually levied upon the affected properties would be minor amount, possibly zero. The City shall administer the annual renewal of the Back -Up District and any costs related to such administration shall be charged to the Fund established for such district revenues and expenses. 90. When it has been determined that it is necessary to form an Assessment District (including a Back -Up District), the applicant shall be required to undertake and complete the following: a. At least one - hundred - twenty (120) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first: i. submit the final draft plans for any irrigation, landscaping or Drainage Improvements [herein "Maintained Areas "] to be maintained by the Assessment District (including a required Back - Up District), along with any required plan checking fees; ii. submit a check in the amount of $5,000 as an advance to cover the cost of Assessment Engineering for the formation of the Assessment District [Note: Developer shall be required to pay for all final actual assessment engineering costs related to the Assessment District formation along with City administrative costs.]; b. At least sixty (60) days prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City the completed, "City approved" plans for the Maintained Areas (landscaping, irrigation and NPDES Drainage Improvements); 0OC.0 Resolution No. PC -2007- Page 23 C. Prior to the planned recordation of any Final Map or the issuance of any zoning clearance for building permit, which ever comes first, submit to the City a signed Petition and Waiver requesting formation of the Assessment District [Note: The Petition and Waiver shall have attached to it as Exhibit 'A' the City approved final draft Engineer's Report prepared by the Assessment Engineer retained by the City.] D. Please contact the BUILDING DIVISION for compliance with the following conditions: 91. Prior to the issuance of a Building Permit, the applicant shall provide written proof that an "Unconditional Will Serve Letter" for water and sewer service has been obtained from the Ventura County Waterworks District No. 1. E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for compliance with the following conditions: 92. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air Pollution Control District (APCD) "Authority to Construct" shall be obtained for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final Certificate of Occupancy shall not be granted until compliance with all applicable APCD Rules & Regulations has been satisfactorily demonstrated. 93. Facilities shall be operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District, with emphasis on Rule 51, Nuisance. Rule 51 states: "A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property." F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: GENERAL 94. Prior to combustible construction, an all weather access road /driveway and the first lift of the access road pavement shall be installed. Once combustible construction starts a minimum twenty foot (20') clear width access road /driveway shall remain free of obstruction during any construction activities within the development. All access roads /driveways shall have a minimum vertical clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning radius of forty feet (40'). 95. Approved turnaround areas for fire apparatus shall be provided when dead -end Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not Resolution No. PC -2007- Page 24 exceed a five percent (5 %) cross slope in any direction and shall be located within one - hundred -fifty feet (150') of the end of the access road /driveway. 96. The access road /driveway shall be extended to within one - hundred -fifty feet (150') of all portions of the exterior wall of the first story of any building and shall be in accordance with Fire District access standards. Where the access roadway cannot be provided, approved fire protection system or systems shall be installed as required and acceptable to the Fire District. 97. When only one (1) access point is provided, the maximum length shall not exceed eight- hundred feet (800'). 98. Public and private roads shall be named if serving more than four (4) parcels or as required by the Fire District. 99. Approved walkways shall be provided from all building openings to the public way or Fire District access road/driveway. 100. Structures exceeding three stories or forty-eight feet (48') in height shall meet current VCFPD Ordinance for building requirements. Structures exceeding seventy -five feet (75') in height shall be subject to Fire District high rise building requirements. 101. Structures greater than 5,000 square feet and /or five (5) miles from a fire station shall be provided with an automatic fire sprinkler system in accordance with current Ventura County Fire Protection District Ordinance. 102. Commercial trash dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within five feet (5') of openings, combustible walls, or combustible roof eave lines unless protected by approved automatic sprinklers. DEVELOPMENT REQUIREMENTS 103. Prior to the issuance of a certificate of occupancy by the Building Division the applicant shall submit a plan to the Fire District for review and approval indicating the method by which this project will be addressed. 104. Minimum six -inch (6 ") high address numbers shall be installed prior to occupancy, shall be contrasting color to the background, and shall be readily visible at night Brass or gold plated number shall not be used. Where structures are set back more that one - hundred -fifty feet (150') from the street, larger numbers will be required so that they are distinguishable from the street. In the event a structure(s) is(are) not visible from the street, the address numbers(s) shall be posted adjacent to the driveway entrance on an elevated post. 105. Prior to combustible construction, fire hydrants shall be installed to the minimum standards of the City of Moorpark and the Fire District, and shall be in service. 106. Prior to occupancy of any structure, blue reflective hydrant location markers shall be placed on the access roads in accordance with Fire District standards. If the Resolution No. PC -2007- _ Page 25 final asphalt cap is not in place at time of occupancy, hydrant location markers shall still be installed and shall be replaced when the final asphalt cap is completed. 107. Prior to the issuance of a building permit, building plans for all A, E, H, i, R -1 and R -2 Occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval. Prior to issuance of a building permit the applicant shall submit a phasing plan and two (2) site plans (for the review and approval of the location of fire lanes) to the Fire District. 108. Prior to occupancy, the fire lanes shall be posted "NO PARKING FIRE LANE TOW- AWAY" in accordance with California Vehicle Code and the Fire District. 109. Prior to or concurrently with the issuance of a building permit, the applicant shall submit plans to the Fire District showing the location of the existing hydrants within three - hundred feet (300') of the proposed project and showing the location, type and number of proposed hydrants, and the size of the outlets. Fire hydrant(s) shall be provided in accordance with current adopted edition of the Uniform Fire Code, Appendix 111-B and adopted amendments. On -site fire hydrants may be required as determined by the Fire District. Fire hydrants, if required, shall be installed and in service prior to combustible construction and shall conform to the minimum standard of the Ventura County Waterworks Manual and the Fire District. 110. Prior to installation of any fire protection system; including, but not limited to sprinklers, dry chemical, hood systems, the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. Fire sprinkler systems with one - hundred (100) or more heads shall be supervised by a fire alarm system in accordance with Fire District requirements. 111. Prior to installation of the fire alarm system (if required), the applicant shall submit plans, along with the required fee for plan check, to the Fire District for review and approval. The fire alarm system shall be installed in all buildings in accordance with California Building and Fire Code. 112. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall obtain all applicable Uniform Fire Code (UFC) permits. 113. Prior to the issuance of a building permit, the applicant shall obtain a copy of Ventura County Fire District Form No. 126 "Requirements for Construction." 114. Prior to the issuance of a certificate of occupancy by the Building Division, the applicant shall install fire extinguishers in accordance with the Uniform Fire Code. The placement of extinguishers shall be subject to review and approval by the Fire District. 115. Prior to framing, the applicant shall clear for a distance of one hundred feet all grass or brush exposing any structure(s) to fire hazards. O(�1=0 Resolution No. PC -2007- Page 26 G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for compliance with the following conditions: 116. The applicant shall comply with the applicable provisions of Ventura County Waterworks District No. 1 standard procedures for obtaining domestic water and sewer services for applicant's projects within the District. 117. Prior to issuance of a building permit, provide Ventura County Waterworks District: a. Water and sewer improvement plans in the format required. b. Hydraulic analysis by a registered Civil Engineer to determine the adequacy of the proposed and existing water and sewer lines. C. Copy of approval of fire hydrant locations by Ventura County Fire Protection District. d. Copy of District Release and Receipt from Calleguas Municipal Water District. e. Cost estimates for water and sewer improvements. f. Plan check, construction inspection, capital improvement charge, sewer connection fee and water meter charge. g. Signed Contract to install all improvements and a Surety Bond. 118. At the time water service connection is made, cross connection control devices shall be installed on the water system in a manner approved by the Ventura County Waterworks District No. 1. H. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 119. Direct storm drain connections to Ventura County Flood Control District facilities are subject to Ventura County Watershed Protection District permit requirements. I. Please contact the POLICE DEPARTMENT for compliance with the following condition: 120. Prior to initiation of the building plan check process for the project, the applicant shall submit plans in sufficient detail to the Police Department for review and approval of defensible space concepts to reduce demands on police services. To the degree feasible and to the satisfaction of the Planning Director and the Police Chief, public safety planning recommendations shall be incorporated into the project plans. The applicant shall prepare a list of project features and design components that demonstrate responsiveness to defensible space design concepts. Resolution No. PC -2007- Page 27 STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 5743 Please contact the PLANNING DIVISION regarding the following conditions GENERAL REQUIREMENTS The Conditions of Approval of this Tentative Tract Map and all provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said map. Within 30 days following City Council approval of Tentative Tract Map No. 5743, the Permittee shall submit a conforming Tentative Tract Map that complies with all Conditions of Approval, provisions of the Subdivision Map Act, City of Moorpark Municipal Ordinance and adopted City policies, to the satisfaction of the City Engineer and Planning Director. 2. Recordation of this subdivision shall be deemed to be acceptance by the subdivider and his /her heirs, assigns, and successors of the conditions of this Map. A notation, which references Conditions of Approval, shall be included on the Final Map in a format acceptable to the Planning Director. 3. This Tentative Tract Map shall expire three (3) years from the date of its approval. The Planning Director may, at his /her discretion, grant up to two (2) additional one (1) year extension for map recordation, if there have been no changes in the adjacent areas, and if Permittee can document that he /she has diligently worked towards map recordation during the initial period of time. The request for extension of this entitlement shall be made in writing, at least thirty (30) days prior to the expiration date of the Map. 4. The subdivider shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. 00(iW Resolution No. PC -2007- Page 28 b. The subdivider shall not be required to pay or perform any settlement of such claim, action or proceeding unless the subdivider approves the settlement. The subdivider's obligations under this condition shall apply regardless of whether a Final Map or Tract Map is ultimately recorded with respect to the subdivision. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The map shall be submitted in accordance with County Ordinance No. 3982 entitled "An Ordinance of the Ventura County Board of Supervisors Requiring New Subdivision Records to be Included in the County's Computer -Aided Mapping System and Establishing Related Fees." 7. Prior to recordation, the subdivider, shall pay a fee to the City Clerk's Department to scan the Final Map and other improvement plans as required by the Planning Director into the City's electronic imaging system. 8. Prior to application for grading permit and submittal of a Final Map for plan check, the Permittee shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees. The Permittee or successors in interest shall also submit to the Department of Community Development a fee to cover costs incurred by the City for Condition Compliance review for a Final Map. 9. Prior to Final Map approval, Permittee shall submit for review by City Attorney, Planning Director and City Engineer an operational agreement and easement or other acceptable document as determined by the Planning Director for the purposes of ensuring uniformity and consistency of maintenance of parking, landscaping and lighting, and reciprocal access and parking within all TTM No. 5743 lots and maintenance of landscaping along the street frontages. The operational agreement and easement shall be recorded concurrently with Final Map recordation. Please contact the VENTURA COUNTY FLOOD CONTROL DISTRICT regarding the following condition 10. The project shall control and manage storm runoff to prevent any potential impacts downstream, which might arise from the effect of the development. Please contact the ENGINEERING DIVISION for questions regarding compliance with the following conditions 11. All conditions of Tentative Tract Map No. 5743 shall apply to Commercial Planned Development 2007 -01. FINAL MAP CONDITIONS 12. The Developer shall post sufficient surety guaranteeing completion of all on and off -site civil and landscaping site improvements within the development and offsite improvements required by the conditions as described herein (i.e. grading, street improvements, storm drain improvements, landscaping, fencing, bridges, 00011W_ Resolution No. PC -2007- Page 29 etc.) or which require removal (i.e., access improvements, landscaping, fencing, bridges, etc.) in a form acceptable to the City. Onsite lighting facilities need not be bonded. 13. The Developer shall indicate in writing to the City the disposition of any wells that may exist within the project. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed or abandoned per Ventura County Ordinance No. 2372 or Ordinance No. 3991 and per Division of Oil and Gas requirements. Permits for any well reuse (if applicable) shall conform to Reuse Permit procedures administered by the County Water Resources Development Department. 14. Prior to any work being conducted within any State, County, or City right of way, the Developer shall obtain all necessary encroachment permits from the appropriate Agencies. Copies of these approved permits shall be provided to the City Engineer. 15. If any hazardous waste is encountered during the construction of this project, all work shall be immediately stopped and the Ventura County Environmental Health Department, the Fire Department, the Sheriff's Department, and the City Construction Observer shall be notified immediately. Work shall not proceed until clearance has been issued by all of these agencies. 16. The Developer 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. 17. The Subdivider shall submit to the Department of Community Development and the City Engineer for review a current title report, which clearly identifies all interested parties and lenders included within the limits of the subdivision, as well as, any easements that affect the subdivision. 18. Any mapping that requires review and approval by the County of Ventura shall be concurrently submitted to the City Engineer for review and approval. Subdivider shall be responsible for all associated fees and review costs. 19. A Final Tract Map prepared by a California Registered Engineer meeting all of the provisions of the Subdivision Map Act shall be submitted to the City Engineer for review. 20. The land division shall make provisions to provide easements for extensions of all utilities and access requirements, including maintenance and construction. Easements for access and circulation shall be designated as private streets. 21. Any lot -to -lot drainage easements and secondary drainage easement shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey storm water flows. Said agreement shall be 00c0d:'" Resolution No. PC -2007- Page 30 submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain or National Pollutant Discharge Elimination System, hereinafter NPDES system, not maintained by a City Assessment District and shall be a durable agreement that is binding upon each future property owner of each lot. 22. The Subdivider shall offer to dedicate to the City of Moorpark street and public service easements, as required, by the City Engineer. 23. On the Final Map, the Subdivider shall offer to dedicate access easements to the City of Moorpark over all private streets to provide access for all governmental agencies providing public safety, health and welfare. 24. Prior to submittal of the Final Map to the City for review and prior to approval, the Subdivider shall transmit by certified mail a copy of the conditionally approved Tentative Tract Map together with a copy of Section 66436 of the State Subdivision Map Act to each public entity or public utility holding any recorded easement within Tract No. 5743. Written evidence of compliance shall be submitted to the City Engineer. GRADING 25. The Developer shall submit grading and improvement plans prepared by a California Registered Civil Engineer to the City Engineer for review and shall gain the City Engineer's approval of said plans prior to issuance of any permit for the project. The Developer shall enter into an agreement with the City of Moorpark to complete all grading, drainage and off -site improvements and shall post sufficient surety guaranteeing completion of all improvements except onsite lighting. 26. Requests for grading permits shall be granted in accordance with the approved CPD No. 2007 -01, as required by these conditions and local ordinances. The entire site shall be rough graded in one phase. 27. The Conceptual Grading Plan for CPD No. 2007 -01 indicates a balance on site. If during construction more than 1000 cubic yards is either imported or exported, the developer shall submit an application, with appropriate fees and deposits, to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of the haul route encroachment permit. Approval of the Haul Route Permit shall require the submittal of a haul route permit to the City Engineer, including all information required by the City Engineer. Approval of the haul route shall meet the requirements of the City Engineer. 28. All development areas and lots shall be designed and graded so that surface drainage is directed to acceptable locations or natural or improved drainage courses as approved by the City Engineer. Altered drainage methods and patterns onto adjacent properties shall not be allowed without mitigation. 29. ROC, NOx and dust during construction grading shall be suppressed by the following activities: 004,4D. Resolution No. PC -2007- Page 31 a. The fuel injection of all diesel engines used in construction equipment shall be retarded two degrees from the manufacturer's recommendation. b. All diesel engines used in construction equipment shall use high - pressure injectors. C. All diesel engines used in construction equipment shall use reformulated diesel fuel. d. Construction grading shall be discontinued on days forecasted for first stage ozone alerts (concentration of 0.20 ppm) as indicated at the Ventura County Air Pollution Control District (APCD) air quality monitoring station closest to the City of Moorpark. Grading and excavation operations shall not resume until the first stage smog alert expires. e. All clearing and grading activities shall cease during periods of high winds (i.e., greater than 15 miles per hour averaged over one hour) to prevent excessive amounts of fugitive dust. f. All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. g. All active portions of the site shall be either periodically watered or treated with environmentally safe dust suppressants to prevent excessive amounts of dust. h. Facilities shall be constructed and operated in accordance with the Rules and Regulations of the Ventura County Air Pollution Control District. i. Large scale construction vehicles and trucks exiting the project site during the mass grading period shall be required to have tire wash -downs to minimize the dispersion of dust onto local streets. 30. Grading may occur during the rainy season from October 1st to April 15th subject to approval by the City Engineer and timely installation of erosion control facilities. With the exception of work to effectuate Best Management Practices (BMP) for erosion control, no construction of any description shall occur during said rainy season unless a revised storm water pollution prevention plan that reflects the construction status of the site has been approved by the City Engineer. Erosion control measures shall be in place and functional between October 1st and April 15th. During each year that the project is under construction, revised storm water pollution prevention plans shall be submitted to the City Engineer for review and shall gain the City Engineer's approval no later than September 1st of each year from the start of grading or clearing operations to the time of grading bond release. 31. During site preparation and construction, the contractor shall minimize disturbance of natural groundcover on the project site until such activity is required for grading and construction purposes. During grading operations, the Developer shall employ a full -time superintendent, whose responsibilities will include, without limitation, NPDES compliance. Upon City Engineer's 0 0 C O IC II' Resolution No. PC -2007- Page 32 determination that the NPDES compliance effort is unsatisfactory, the developer shall designate an NPDES superintendent who shall have no other duties than NPDES compliance. The superintendent responsible for NPDES compliance shall: a. Have full authority and responsibility to attain NPDES compliance. b. Have full authority to hire personnel, bind the developer in contracts, rent equipment and purchase materials to the extent needed to effectuate BMP's. C. Provide proof to the City Engineer and satisfactory completion of courses, satisfactory to the City Engineer, totaling no less than eight (8) hours directed specifically to NPDES compliance and effective use of BMP's. d. Be present, on the project site Monday through Friday and on all other days when the probability of rain is forty percent (40 %) or higher and prior to the start of and during all grading or clearing operations until the release of grading bonds. 32. During clearing, grading, earth moving or excavation operations the developer shall maintain regular watering operations to control dust. Additionally, the following measures shall apply: a. Water all site access roads and material excavated or graded on or off -site to prevent excessive amounts of dust. Watering shall occur a minimum of at least two (2) times daily, preferably in the late morning and after the completion of work for the day. Additional watering for dust control shall occur as directed by the City. The grading plan shall indicate the number of water trucks that shall be available for dust control at each phase of grading. b. Cease all clearing, grading, earth moving, or excavation operations during periods of high winds (greater than 15 mph averaged over one hour). The contractor shall maintain contact with the Air Pollution Control District (APCD) meteorologist for current information about average wind speeds. C. Water or securely cover all material transported off -site and on -site to prevent excessive amounts of dust. d. Keep all grading and construction equipment on or near the site, until these activities are completed. e. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized to prevent excessive dust generation. f. Wash off heavy -duty construction vehicles before they leave the site. 33. After clearing, grading, earth moving, or excavation operations, and during construction activities, fugitive dust emissions shall be controlled using the following procedures: 0w - ;W:' Resolution No. PC -2007- Page 33 a. When directed by the City Engineer, the Developer shall take all measures necessary to control wind erosion and its contribution to local particulate levels. b. Periodically, or as directed by the City Engineer, sweep public streets in the vicinity of the site to remove silt (i.e., fine earth material transported from the site by wind, vehicular activities, water runoff, etc.), which may have accumulated from construction activities. 34. During smog season (May- October) the City shall order that construction cease during Stage III alerts to minimize the number of vehicles and equipment operating, lower ozone levels and protect equipment operators from excessive smog levels. The City, at its discretion, may also limit construction during Stage II alerts. 35. Temporary erosion control measures shall be used during the construction process to minimize water quality effects. Specific measures to be applied shall be identified in the project storm water pollution prevention plan. The following water quality assurance techniques shall be included, but not limited to the following, as required by Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002: a. Minimize removal of existing vegetation. b. Protect exposed soil from wind and rain. C. Incorporate silt fencing, berms, and dikes to protect storm drain inlets and drainage courses. d. Rough grade contours to reduce flow concentrations and velocities to the extent possible. e. Divert runoff from graded areas, using straw bale, earth, and sandbag dikes. f. Phase the grading to minimize soil exposure during the October through April rainy season. g. Install sediment traps or basins. h. Maintain and monitor erosion /sediment controls. 36. To minimize the water quality effects of permanent erosion sources, the following design features shall be incorporated into the project - grading plan to the satisfaction of the City Engineer. The features shall comply with Best Management Practices features including, but not limited to the following: a. Drainage swales, subsurface drains, slope drains, storm drain inlet/outlet protection, and sediment traps. b. Check dams to reduce flow velocities. C. Temporary and permanent vegetation, including grass -lined swales. Resolution No. PC -2007- Page 34 d. Design of drainage courses and storm drain outlets to reduce scour. e. Stabilized construction entrances. f. Training in best management practices for every supervisor on the project, including all contractors and their subcontractors. 37. The developer shall prepare a storm water pollution prevention plan to address construction impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements and recommendations for the use of best available technology. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 38. The developer shall prepare a storm water pollution prevention plan to address long term operational impacts from the project on downstream facilities, environments and watersheds. A qualified Civil Engineer shall prepare this plan. The proposed plan shall also address all relevant NPDES requirements, maintenance measures, estimated life spans of best management practices facilities, operational recommendations and recommendations for specific best management practices technology. The use of permanent dense ground cover planting approved by the City Engineer shall be required for all graded slopes. Methods of protecting the planted slopes from damage shall be included. Proposed management efforts during the lifetime of the project shall include best available technology. The avoidance of the use of mechanical stormwater treatment facilities such as clarifiers, separators, filters, absorbents, adsorbents or similar patented devices is strongly encouraged. Should there be no alternative to their use, the Developer shall permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure, in a form approved by the City Attorney, City Engineer, and City Manager at their discretion. The use of biological filtering, bio- re mediation, infiltration of prefiltered storm water and similar measures that operate without annual maintenance intervention, that are failsafe, that, when maintenance is needed, will present the need for maintenance in an obvious fashion and which will be maintainable in a cost effective and non - disruptive fashion is required. The storm water pollution prevention plan shall be submitted to the City Engineer for review and shall gain the City Engineer's approval prior to issuance of grading permits for mass grading. 39. The following mitigation measures shall be implemented during all construction activities throughout build out of the project to minimize the impacts of project - related noise in the vicinity of the proposed project site: a. Construction activities shall be limited to between the following hours: a) 7:00 a.m. to 7:00 p.m. Monday through Friday, and b) 9:00 a.m. to 6:00 p.m. Saturday. Construction work on Saturdays shall require pre - approval by the City Engineer and payment of a premium for City inspection Resolution No. PC- 2007 -____ Page 35 services and may be further restricted or prohibited should the City receive complaints from adjacent property owners. No construction work shall be done on Sundays and City observed holidays pursuant to Section 15.26.010 of the Municipal Code. b. Truck noise from hauling operations shall be minimizes through establishing hauling routes that avoid residential areas and requiring that "Jake Brakes" not be used along the haul route within the City. The hauling plan shall be identified as part of the grading plan and shall be approved by the City Engineer. C. The Developer shall ensure that construction equipment is fitted with modern sound - reduction equipment. d. Stationary noise sources that exceed 70 dBA of continuous noise generation (at 50 feet) shall be shielded with temporary barriers if existing residences are within 350 (350') feet of the noise source. e. Designated parking areas for construction worker vehicles and for materials storage and assembly shall be provided. These areas shall be set back as far as possible from or otherwise shielded from existing surrounding residential neighborhoods. Property owners and residents located within 600 (600') feet of the project site shall be notified in writing on a monthly basis of construction schedules involving major grading, including when clearing and grading is to begin. The project developer shall notify adjacent residents and property owners by Certified Mail- Return Receipt Requested of the starting date for removal of vegetation and commencement of site grading. The content of this required communication shall be approved by the City Engineer in advance of its mailing and the return receipts, evidencing United States mail delivery, shall be provided to the Engineering Department. 40. The Developer shall submit to the City of Moorpark for review and approval, a rough grading plan, consistent with the approved tentative map, prepared by a California Registered Civil Engineer, shall enter into an agreement with the City of Moorpark to complete all on -site and off -site public improvements and shall post sufficient surety guaranteeing the construction of all public improvements. 41. The final grading plan shall meet all Uniform Building Code (UBC) and City of Moorpark standards including slope setback requirements at lot lines, streets and adjacent to offsite lots. 42. Concurrent with submittal of the rough grading plan a Storm Water Pollution Prevention Plan shall be submitted to the City for review and approval by the City Engineer. The design shall include measures for irrigation and hydroseeding on all graded areas when required by the City Engineer. Reclaimed water shall be used for dust control during grading, if available from Ventura County Waterworks District No. 1. 00 0 Resolution No. PC -2007- Page 36 43. The entire site shall be graded to within 0.25 feet of ultimate grade at the same time. Pads shall be graded, planted and landscaped to the satisfaction of the Planning Director and City Engineer. 44. The maximum gradient for any slope shall not exceed a 2:1 slope. 45. All permanently graded slopes shall be planted with groundcover, trees and shrubs that shall stabilize slopes and minimize erosion or alternative measures to the satisfaction of the Planning Director and the City Engineer. 46. So as to reduce debris from entering sidewalk and streets, the approved grading plan shall show a slough wall, approximately eighteen (18 ") inches high, with curb outlet drainage to be constructed behind the back of the sidewalk where slopes exceeding four (4') feet in height are adjacent to sidewalk. The Developer shall use the City's standard slough wall detail during the design and construction. The City Engineer and Planning Director shall approve all material for the construction of the wall. 47. Backfill of any pipe or conduit shall be in four -inch (4 ") fully compacted layers unless otherwise specified by the City Engineer. 48. Soil testing for trench compaction shall be performed on all trenching and shall be done not less than once every two (2') feet of lift and 100 lineal feet of trench excavation. 49. Observe a 15 -mile per hour speed limit for the construction area. 50. Developer shall obtain approval from the Planning and Engineering Department for all structures and walls in excess of six (6) feet in height. 51. The Developer shall post sufficient surety guaranteeing completion of all improvements (i.e., grading, street improvements, storm drain improvements, landscaping, fencing, bridges, etc.) or which require removal (i.e., access ways, temporary debris basins, etc.) in a form acceptable to the City. The surety shall include provisions for all site improvements within the development and other off - site improvements required by the conditions as described herein. GEOTECHNICAUGEOLOGY CONDITIONS 52. The Developer shall submit to the City of Moorpark for review and approval, a detailed Geotechnical Engineering report certified by a California Registered Civil Engineer. The geotechnical engineering report shall include an investigation with regard to liquefaction, expansive soils, and seismic safety. The Developer shall also provide a report that discusses the contents of the soils as to the presence or absence of any hazardous waste or other contaminants in the soils. Note: Review of the geotechnical engineering report(s) by the City's Geotechnical Engineer shall be required. The Developer shall reimburse the City for all costs including the City's administrative fee for this review. 53. All recommendations included in the approved geotechnical engineering report shall be implemented during project design, grading, and construction in 0 (A l'i 0'" Resolution No. PC -2007- Page 37 accordance with the approved project. The City's geotechnical consultant shall review all plans for conformance with the soils engineer's recommendations. Prior to the commencement of grading plan check, the Developer's geotechnical engineer shall sign the plans confirming that the grading plans incorporate the recommendations of the approved soils report(s). IMPROVEMENTS 54. The Developer shall submit to the City of Moorpark for review and approval, plans for street improvements as shown on the tentative map and those required by these conditions. A California Registered Civil Engineer shall prepare the street improvement plans and the Developer shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. All streets shall conform to City of Moorpark requirements or the County of Ventura Standards as deemed applicable and including all applicable Americans with Disability Act (ADA) requirements. 55. The street right -of -way improvements shall include adequate pavement for vehicle turnouts into the project, controlled access exiting the project, in addition to concrete curb and gutter, parkways, new streetlights and street signing to the satisfaction of the City Engineer. The City Engineer and the Planning Director shall approve all driveway sizes, locations and configurations. The Developer shall acquire and dedicate any additional right -of -way necessary to make all of the required improvements. 56. All Streets shall be designed to the satisfaction of the City Engineer and include the following: a. The structural section for public streets shall be designed for a 50 -year life and private streets for 20 years. b. The top asphalt course of all newly constructed public and private streets shall consist of no less than 1 Yz inch of asphalt rubber hot mix, which shall not be included when computing the required structural section. C. The Developer's geotechnical engineer shall review the need for subsurface drainage systems to prevent saturation of the pavement structural section or underlying foundation materials and shall consider conditions throughout the design life of all pavement structural sections. The provisions of the Caltrans "Design Manual" relating to subsurface drainage shall be implemented in the design of all streets. Subsurface drainage systems shall be marked with detectable underground utility marking tape buried six (6 ") inches above the pipe. The ends of the marking tape shall be accessible at each surface feature of the subsurface drainage system. 57. Streetlights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all 0 n d., O.- , Resolution No. PC -2007- Page 38 energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 58. In accordance with Business and Professions Code 8771, the street improvement plans shall provide for a surveyors statement on the plans certifying that all recorded monuments in the construction area have been located and tied out or shall be protected in place during construction. 59. The Developer shall submit final wall and landscaping plans showing that provisions have been taken to provide for and maintain proper sight distances. The plans shall be required with the site grading plans for the review by, and to the satisfaction of the City Engineer. 60. Monuments shall meet the City of Moorpark and County of Ventura Standards and shall be to the satisfaction of the City Engineer. All street centerline intersections, lot lines and tract boundaries shall be monumented. 61. Pedestrian facilities shall meet all City and ADA requirements, and shall be safe and visible from vehicular and pedestrian traffic along all streets. Line of site easements shall be shown on the Final Map and restrict construction or planting within those areas as needed. 62. Prior to recordation of the Final Map, proposed street names shall be submitted to the Fire District's Communications Center for review and approval. Street name signs shall be installed in conjunction with the road improvements. The type of sign shall be in accordance with Plate F -4 of the Ventura County Road Standards. 63. As a condition of the issuance of a building permit for any (commercial /industrial) use, the developer shall be required to pay City the Tierra Rejada/Spring Road Area of Contribution (AOC) Fee. The AOC Fee shall be the dollar amount in effect at the time of the payment of the fee. 64. The Developer shall submit to the City of Moorpark for review and approval, drainage plans; hydrologic and hydraulic calculations prepared by a California Registered Civil Engineer; shall enter into an agreement with the City of Moorpark to complete public improvements and shall post sufficient surety guaranteeing the construction of all improvements. The plans shall depict all on- site and off -site drainage structures required by the City. The drainage plans and calculations shall demonstrate that the following conditions shall be satisfied before and after development: a. Quantities of water, water flow rates, major watercourses, drainage areas and patterns, diversions, collection systems, flood hazard areas, sumps, sump locations, detention facilities, and drainage courses. Hydrology shall be per the current Ventura County Flood Control Standards except as follows: All storm drains shall carry a 50 -year frequency storm; All catch basins shall carry a 50 -year storm; 0(WO -:q ..: Resolution No. PC -2007- Page 39 iii. All catch basins in a sump condition shall be sized such that depth of water at intake shall equal the depth of the approach flows; iv. All culverts shall carry a 100 -year frequency storm. b. "Passive" Best Management Practices drainage facilities shall be provided such that surface flows are intercepted and treated on the surface over biofilters (grassy swales), infiltration areas and other similar solutions. Should there be no feasible alternative to the use of mechanical treatment facilities, Developer shall provide a vehicle to permanently indemnify the City from all liability or costs that it may incur through use or maintenance failure. C. Under a 50 -year frequency storm collector streets shall have a minimum of one dry travel lane in each direction. d. Drainage to adjacent parcels or the Public Right -of -Way shall not be increased or concentrated by this development. All drainage measures necessary to mitigate storm water flows including onsite detention shall be provided to the satisfaction of the City Engineer. e. Drainage grates shall not be used in any public right -of -way, private right - of -way or in any location accessible to pedestrians. All flows that have gone through flow attenuation and clarification by use of acceptable Best Management Practice (BMP) systems and are flowing within brow ditches, ribbon gutters, storm drain channels, area drains and similar devices shall be deposited directly into the storm drain system and shall be restricted from entering streets. If necessary, the storm drain system shall be extended to accept these flows. Both storm drains and easements outside the public right -of -way shall be privately maintained, unless determined otherwise by the City Engineer. Drainage for the development shall be designed and installed with all necessary appurtenances to safely contain and convey storm flows to their final point of discharge, subject to review and approval of the City Engineer. Downstream storm drain systems may lack capacity. Developer shall demonstrate, to the satisfaction of the City Engineer, downstream facilities shall not be adversely impacted. g. Developer shall demonstrate that developed storm water runoff shall not exceed pre - developed runoff. 65. The Developer shall demonstrate for each building pad area that the following restrictions and protections shall be put in place to the satisfaction of the City Engineer: a. Adequate protection from a 100 -year frequency storm. b. Feasible access during a 50 -year frequency storm. Resolution No. PC- 2007 -_ Page 40 C. Hydrology calculations shall be per current Ventura County Flood Control Standards. 66. Development shall be undertaken in accordance with conditions and requirements of the Ventura Countywide Storm water Quality Management Program, NPDES Permit No. CAS004002. 67. Landscaped areas shall be designed with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides, which can contribute to urban runoff pollution. Parking and associated drive areas with five (5) or more spaces shall be designed to minimize degradation of storm water quality. Best Management Practices landscaped areas for infiltration and biological remediation or approved equals, shall be installed to intercept and effectively prohibit pollutants from discharging to the storm drain system. The design shall be submitted to the City Engineer for review and approval prior to the issuance of a building permit. 68. All structures proposed within the 100 -year flood zone shall be elevated at least one foot above the 100 -year flood level. 69. The Developer shall provide for all necessary on -site and off -site storm drain facilities required by the City to accommodate upstream and on -site flows. Facilities, as conceptually approved by the City, shall be delineated on the final drainage plans. Either on -site detention basins or storm water acceptance deeds from off -site property owners shall be specified and provided on the plans. 70. The Developer shall demonstrate and certify to the satisfaction of the City Engineer that all existing storm drain culverts within the site shall perform in an acceptable manner based on their intended design and the proposed increase /decrease of loading conditions, introduction of surface water within subsurface areas that may affect the culvert and proposed construction. This especially includes cast -in -place concrete pipe (CIPP). 71. The Developer shall provide engineering reports that existing detention and other storm drain facilities that were previously designed to include this site meet current requirements. 72. Prior to approval of plans for NPDES Facilities, the Developer shall provide to the satisfaction of the City Engineer, engineering and geotechnical reports to prove that all NPDES facilities meet their intended use and design. These facilities shall meet the minimum requirements relating to water retention and clarification. 73. The design of the storm drain system shall provide for adequate width easements for future maintenance and reconstruction of facilities particularly those facilities that are deeper than eight (8') feet. In addition all facilities shall have all- weather vehicular access. This design shall be to the satisfaction of the City Engineer. 74. As- Graded geotechnical report and rough grading certification shall be submitted to and approved by the City Engineer and Geotechnical Engineer. 0()110'-..,; Resolution No. PC -2007- Page 41 75. A final grading certification shall be submitted to and approved by the City Engineer. 76. All permanent NPDES Best Management Practices facilities shall be operational. 77. Prior to acceptance of public improvements and bond exoneration conditions reproducible centerline tie sheets shall be submitted to the City Engineer's office. 78. The Developer shall file for a time extension with the City Engineer's office at least six (6) weeks in advance of expiration of the agreement to construct subdivision improvements. The fees required shall be in conformance with the applicable ordinance section. 79. All surety guaranteeing the public improvements shall remain in place for one year following acceptance by the City. Any surety that is in effect three years after Zoning Clearance approval or issuance of the first building permit shall be increased an amount equal to or greater than the consumers price index (Los Angeles /Long Beach SMSA) for a period since original issuance of the surety and shall be increased in like manner each year thereafter. 80. Original "as built" plans shall be certified by the Developer's civil engineer and submitted with two (2) sets of blue prints to the City Engineer's office. Although grading plans may have been submitted for checking and construction on sheets larger than 22" X 36 ", they must be resubmitted as "as built" in a series of 22" X 36" mylars (made with proper overlaps) with a title block on each sheet. Submission of "as built" plans is required before a final inspection shall be scheduled. Electronic files shall be submitted for all improvement plans in a format to the satisfaction of the City Engineer. In addition, Developer shall provide an electronic file update on the City's Master Base Map electronic file, incorporating all storm drainage, water and sewer mains, lines and appurtenances and any other utility facility available for this project. 81. The Developer shall certify to the satisfaction of the City Engineer that the recommendations in the reports are adhered to prior to the issuance of a grading permit. 82. Prior to Zoning Clearance and /or occupancy, the City Engineer shall indicate to the Planning Director that all Engineering conditions have been satisfied. 83. The following shall be included in the requirements for the permitted use of the property. The City shall periodically review the site for conformance. Repeated violations of these requirements shall be cause of revocation of the permit use. a. All property areas shall be maintained free of litter /debris. b. All on -site storm drains shall be cleaned at least twice a year, once immediately prior to October 1st (the rainy season) and once in January. Additional cleaning may be required by the City Engineer. C. Parking lots and drive - throughs shall be maintained free of litter /debris. Sidewalks, parking lots and drive - troughs shall be swept regularly to O (� CY Resolution No. PC -2007- Page 42 prevent the accumulation of litter and debris. When swept or washed, debris shall be trapped and collected to prevent entry to the storm drain system. No cleaning agent shall be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash water shall be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval, and conditions of the wastewater treatment plant receiving the discharge. d. All exterior metal building surfaces, including roofing, shall be coated or sealed with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. e. Landscaping shall be properly maintained with efficient irrigation to reduce runoff and promote surface filtration and minimize the use of fertilizers and pesticides that can contribute to urban runoff pollution. f. Trash enclosures and /or recycling area(s) shall be covered. All litter /waste material shall be kept in leak proof containers. The area shall be paved with impermeable material. No other area shall drain onto these areas including rainwater. There shall be no drain connected from the trash enclosure area to the storm drain system. However, the drain from the trash enclosure shall be connected to the sanitary sewer and have an automatic seal that shall preclude any escape of gases or liquids from the sewer connection. 84. On -site private streets, aisles, parking areas, curb, gutter sidewalk, drainage facilities and all other civil facilities shall be designed and constructed in accordance with the requirements for public streets and public facilities. 85. No clearing, grading, erosion control or installation of temporary or permanent irrigation, landscape, hardscape or related structures or construction of improvements of sewer, water, storm drain, streets, or dry utilities shall occur until the City Engineer and the Planning Director provide written concurrence that all requirements have been fulfilled for the phase of construction under consideration. 86. Developer shall pay all plan check and inspection fees, case processing fees and deposits per the City's fee /deposit schedule in effect at the time that review is provided by the City. Developer shall also process and obtain City, County, State and all other public or private agency approvals and permits for any work to be performed within their respective properties or areas of interest. City approval of the Plans does not warrant that other public agency requirements or standards have been met. It is the Developer's responsibility to satisfy all requirements of, and to obtain the written approval for each phase from all public agencies having jurisdiction and to provide verification to the City Engineer and the Planning Director of such prior to commencement of the work allowed by these conditions. OW10' Resolution No. PC -2007- Page 43 87. All the Improvements shall be constructed in accordance with the Plans as noted previously on these conditions, all applicable City standards and regulations, all applicable conditions required for TTM No. 5743 and all accepted construction practices, as determined by the City Engineer, without exception. Developer warrants that the Plans, as originally submitted by Developer, accomplish the work covered by these conditions. Developer shall complete all work performed under these conditions in accordance with the Plans. 88. Should the Plans prove to be inadequate in any respect, as determined by City in its sole discretion, then Developer shall make such changes as are necessary to ensure, to the satisfaction of the City Engineer, that such Improvements are performed in accordance with said City standards and regulations in effect at the time of construction of the improvements of TTM No. 5743, said accepted construction practices, and approved conditions of TTM No. 5743. 89. Prior to commencement of any phase of work, Developer shall furnish to City valid and sufficient bonds, executed by a corporation authorized to transact business in the State of California on forms approved by City and with Developer as principal, for the completion and maintenance of the Improvements in accordance with these conditions. The Developer shall file with the City, security for the faithful performance of the Improvements to be constructed by Developer and separate security (except for grading and monuments) for payment of laborers and materialsmen who furnish labor or materials to those improvements. Each security shall be good and sufficient on forms approved by the City. Should any surety become insufficient in the opinion of the City, Developer shall increase said surety, in an amount satisfactory to City, within ten (10) days after receiving written notice from City, which notice can be given at any time by City. 90. Without notice and until exonerated by the City Council, each surety shall be renewed on a yearly basis and shall be increased in an amount equivalent to the increase, if any, in the Consumer Price Index — All Urban Consumers — Greater Los Angeles Area for the twelve (12) months that end three (3) months prior to the month in which the bond is renewed. All of the obligations of Developer under these conditions shall be met to the satisfaction of City prior to exoneration of all of the bonds. All premiums and costs related to provision of the bonds required by these conditions shall be the responsibility of Developer. 91. All Improvements shall be completed to City's satisfaction prior to City acceptance and reduction /exoneration of sureties. All Improvements shall be completed to the City's satisfaction prior to City acceptance and reduction /exoneration of sureties. 92. The City Engineer or his /her duly authorized representative, upon request of Developer, shall inspect the Improvements. As the City determines Improvements have been constructed in accordance with these conditions, City shall accept the Improvements as complete. Resolution No. PC -2007- Page 44 93. Developer agrees to pay for all inspection services performed on behalf of City and for the consulting soils engineer and geologist hired by the City. Developer agrees that no final inspection will be made by the City Engineer until City receives full payment for all related City inspection services, consulting soils engineer and geologist services together with the cost of the time incurred by the City Engineer, City Attorney, Public Works Director, and other City staff in connection therewith. 94. At all times during the construction of Improvements, Developer shall take all such precautions as may be necessary to limit access to the site to authorized persons only and to protect the site from all members of the public and protect all public and adjacent private property from debris and damage. 95. Developer shall guarantee against defective plans, labor and materials for a period of one year following City acceptance of the Improvements as complete. 96. In the event any of the Improvements are determined to be defective within the time provided herein, Developer shall repair, replace, or reconstruct the defect without delay and without cost or expense to City and shall pay all City costs for plan check, inspection and the City's Administrative Costs related to this requirement within thirty (30) days after receipt of City's invoice. Should Developer fail to act promptly or in accordance with the requirements of this paragraph, or should the exigencies of the situation require that repair, replacement or reconstruction work be performed before Developer can be notified, City may, at its option, make or cause to be made the necessary repair, replacement or reconstruction. Developer and its surety shall be obligated to pay City for the actual cost of such work together with the City's Administrative Costs. 97. Developer shall keep accurate records on a set of blue lined prints of all City approved additions to and deletions from the work, and of all changes in location, elevation and character of the work, not otherwise shown or noted on the Plan. Prior to the City's inspection and acceptance of the Improvements, Developer shall transfer this information to a final set of record drawings and deliver them to the City Engineer for final approval and retention. 98. Prior to commencement of any work under these conditions, Developer shall file with the City Engineer a written statement signed by the Developer and each public utility serving TTM No. 5743 stating that the Developer has made all arrangements required and necessary to provide the public utility service to TTM No. 5743. For purposes of this paragraph, the term "public utility" shall include, but not necessarily be limited to, a company providing natural gas, water, sewer, electricity, telephone and cable television. 99. In the event that the Developer fails to perform any obligations hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performance of such obligations, in addition to cost of any resulting legal action and reasonable attorney's fees. 0000l°'; Resolution No. PC -2007- Page 45 100. City may serve written notice upon Developer and Developer's surety of any breach of any portion of these Conditions of Approval for this tract map regarding grading and construction of improvements prior to recording a Final Map for this tract and the default of Developer if any of the following occur: a. Developer refuses or fails to prosecute the Work, or any severable part thereof, with such diligence as will insure its completion within the time specified. b. Developer fails to complete said work within the required time. C. Developer is adjudged a bankrupt. d. Developer makes a general assignment for the benefit of Developer's creditors. e. A receiver is appointed in the event of Developer's insolvency. f. Developer or any of Developer's officers, agents, servants or employees violates any of the provisions of these conditions. 101. In the event notice is given as specified within these conditions regarding grading and construction of improvements prior to recording a Final Map for this tract, Developer's surety shall have the duty to take over and complete the Improvements in accordance with all of the provisions of these conditions; provided, however, that if the surety, within five (5) days after delivery to of such notice, does not give City written notice of its intention to so take over and complete the Improvements or does not commence the performance thereof within twenty (20) days after notice to City of such election, City may take over the Work and prosecute the Improvements to completion, by contract or by any other method City may deem advisable. In such event, City, without any liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, tools, equipment and other property belonging to Developer as may be on the site of the Work necessary therefore. Developer and its surety shall be obligated to pay City the actual cost of such work together with the City's Administrative Costs. The rights of City provided by this paragraph are in addition to and cumulative to any and all other rights of City as provided by law or equity, and any election by City to proceed pursuant to the provisions noted within these conditions herein shall not be construed as being in lieu of any other such rights. 102. No waiver of any provision of the Conditions of Approval regarding grading and construction of improvements prior to recording a Final Map for this tract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 000". -� Resolution No. PC -2007- Page 46 103. Unless otherwise changed, notices required to be given to Surety Company shall be addressed to the Surety on file with the City at the time they are accepted by the City. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) REQUIREMENTS 104. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall submit a Storm Water Pollution Control Plan (SWPCP) to the satisfaction of the City Engineer. 105. The SWPCP shall be developed and implemented in accordance with requirements of the Ventura Countywide Storm Water Quality Management Program, NPDES Permit No. CAS004002. 106. The SWPCP shall identify potential pollutant sources that may affect the quality of discharges to storm water and shall include the design and placement of recommended Best Management Practices (BMPs) to effectively prohibit the entry of pollutants from the construction site into the storm drain system. 107. Improvement plans shall note that the contractor shall comply with the Technical Guidance Manual for Stormwater Quality Control Measures" and best engineering practices. 108. Prior to the issuance of any construction /grading permit and /or the commencement of any clearing, grading or excavation, the Developer shall also submit a Notice of Intent (NOI) to the California State Water Resources Control Board, Storm Water Permit Unit in accordance with the NPDES Construction General Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activities). The Developer shall comply with all requirements of this General Permit including preparation of a Storm Water Pollution Prevention Plan ( SWPPP). 109. The Developer shall obtain a permit from the State Water Resources Control Board for "All storm water discharges associated with a construction activity where clearing, grading, and excavation results in land disturbances of five or more acres." The Developer shall submit a copy of the Notice of Intent (NOI) to the City Engineers office as proof of permit application. 110. Prior to Final Map approval, Developer shall provide facilities to comply with NPDES requirements. Runoff from developed areas shall be diverted to detention basins, "passive- devices" or other passive Best Management Practices (BMP's) to the satisfaction of the City Engineer. A California registered civil engineer shall propose and design these devices as part of the drainage improvement plans for the project. Provisions shall be made by the Developer to provide for secured program of maintenance in perpetuity. 111. Prior to City issuance of the initial grading permit, the Developer shall obtain all necessary NPDES related permits. The grading permits issued for the Resolution No. PC- 2007 -__ Page 47 development shall require Developer to provide schedules and procedures for onsite maintenance of earthmoving and other heavy equipment and documentation of proper disposal of used oil and other lubricants. The onsite maintenance of all equipment that can be performed offsite shall not be allowed. 112. The project construction plans shall state that the Developer shall comply with the ( "California Storm Water Best Management Practice Handbooks ") - Best Management Practices (BMPs) applicable to the development and to the satisfaction of the City Engineer. Said requirements shall include the following: a. All onsite storm drain inlets shall be labeled "Don't Dump Drains to Arroyo." b. No outdoor vehicle maintenance shall be allowed. C. The entire project site and any off -site improvement areas shall be maintenance free of litter and debris. d. All onsite storm drains shall be cleaned, using approved methods, at least twice a year, once immediately prior to October 1, the rainy season, and once in January. Water flushing is not an approved method for cleaning. e. All sidewalks, walkways, and parking areas shall be swept regularly to prevent the accumulation of litter and debris from entering the storm drain. No cleaning agent shall be discharged into a storm drain system. If any cleaning agent or degreaser is used, wash water shall not be discharged to the storm drain but shall be discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review and approval of the County Waterworks District No. 1. UTILITIES 113. Utilities, facilities and services for IPD Nos. 2000 -01 shall be extended and /or constructed in conjunction with its phased development by the Developer as the project proceeds. Any work within the City right -of -way shall require an encroachment permit. 114. All existing, relocated and new utilities shall be placed underground. ACQUISITION OF EASEMENTS AND RIGHT OF WAY 115. Any right -of -way acquisition necessary to complete the required improvements shall be acquired by the Developer at his /her expense. If any of the improvements which the Developer is required to construct or install are to be constructed or installed upon land in which the Developer does not have title or interest sufficient for such purposes, the Developer shall do all of the following at least 60 days prior to the filing of any Phase of the Final Map for approval pursuant to Governmental Code Section 66457. a. Notify the City of Moorpark (hereinafter "City ") in writing that the Developer wishes the City to acquire an interest in the land, which is sufficient for the purposes as provided in Governmental Code Section 66462.5. 0000• -- Resolution No. PC -2007- Page 48 b. Upon written direction of the City supply the City with: A legal description of the interest to be acquired. ii. A map or diagram of the interest to be acquired sufficient to satisfy the requirements of subdivision (e) of Section 1250.310 of the Code of Civil procedure. iii. A current appraisal report prepared by an appraiser approved by the City which expresses an opinion as to the fair market value of the interest to be acquired. iv. A current Litigation Guarantee Report C. Enter into an agreement with the City, guaranteed by such cash deposits or other security as the City may require, pursuant to which the Developer shall pay all of the City's cost (including, without limitation, attorney's fees and overhead expenses) of acquiring such an interest in the land. PLEASE CONTACT THE FIRE DEPARTMENT REGARDING THE FOLLOWING CONDITIONS 116. Prior to recordation of any Final Maps, including Final Map waivers, the Permittee shall submit two (2) copies of the map to the Fire Prevention District for approval. 117. A copy of all recorded maps shall be provided to the Fire Prevention District within seven (7) days of recordation of said map. Please contact the county of VENTURA COUNTY WATERWORKS DISTRICT 1 regarding the following condition 118. The Permittee shall comply with the standard procedures for obtaining domestic water and sewer services for Permittee's projects within the District and comply with the applicable provisions of the District Rules and Regulations. -END - ITEM: 9.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Steven Kueny, Executive Director, Moorpark Redevelopment Agency By: David C. Moe II, Redevelopment Manager f6(A1.1k DATE: July 18, 2007 (PC Meeting of 712412007) SUBJECT: Consider the Conformity Report on Proposed Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project BACKGROUND The City Council and Moorpark Redevelopment Agency are preparing to consider Amendment No. 2 to the Redevelopment Plan, an amendment to reinstate eminent domain authority. A copy of the draft amendment is attached. Section 33453 of the California Community Redevelopment Law (CCRL) requires that substantial changes to a redevelopment plan which affect the general plan must be submitted to the Planning Commission for its report and recommendation to the legislative body. DISCUSSION Proposed Amendment On July 5, 1989, the City Council of the City of Moorpark (the "City Council" and "City," respectively), by its Ordinance No. 110, adopted a Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project Area," as appropriate). Concurrently, the City Council, by its Ordinance No. 111, also approved an amendment ( "Amendment No. 1 ") to the Plan to "re- enact" certain restrictions on the Agency's eminent domain authority subject to approval of the electors of the City. On July 19, 1989, the City Council, by its Resolution No. 89 -588, called for a special election to be held for the purpose of submitting Amendment No. 1 to the electorate for approval. A Special Municipal Election was held and conducted in the City on November 7, 1989, whereby the electorate approved the adoption of Ordinance No. 111, which was subsequently made effective by the City Council on December 6, 1989, by its Resolution No. 89 -623. Z NOOPin AMve% Moorpark \0021SttRpl_PC_Conlormity_Report doc dom 6/21/06 Honorable Planning Commission July 24, 2007 Page 2 California Community Redevelopment Law (CCRL); California Health and Safety Code, Section 33000 et seq.) provides for redevelopment agencies to exercise the use of eminent domain in a redevelopment project for an initial period of up to twelve (12) years following the adoption of a redevelopment plan. The eminent domain authority originally codified in the Plan for the Project pursuant to Resolution No. 89 -623, expired on July 4, 2001. Therefore, as permitted under CCRL Section 33333.4(g)(2), the Agency has initiated an amendment ( "Amendment No. 2 ") to the Plan for the sole purpose of reinstating the Plan's eminent domain provision for possible use within the Project Area;' Amendment No. 2 makes no other changes to the Plan. As part of the process to prepare Amendment No. 2, a Project Area Committee (PAC) was established and has been operating pursuant to CCRL provisions and other applicable codes. Subsequent to its establishment, the PAC (consisting of seven elected members) has conducted seven meetings to discuss all aspects of Amendment No. 2, and in particular, it's potential impact upon Project Area residents and their housing needs. During these meetings, the PAC has heard and considered testimony from members of the residential and business communities, as well as Agency /City staff, its advisors, and outside interests, including a representative from California Senator Tom McClintock's office. At its meeting on June 8, 2006, the PAC voted unanimously to recommend to the Agency /City Council that the eminent domain provisions of Ordinance No. 111 be reinstated within the Plan as an action of Amendment No. 2. Status of the General Plan CCRL Section 33302 requires that the community preparing a redevelopment plan (or as in this instance, amending an existing redevelopment plan) have a general plan which complies with the requirements set forth in the State of California Government Code, commencing with Section 65300 of Chapter 3 of Division 1 of Title 7 (herein referred to as "Article 5 "). The City's General Plan (the "General Plan ") contains all elements required by Article 5, and its housing element, required to be updated on a five year cycle (the current housing element cycle for jurisdictions within the Southern California Association of Governments (SCAG) has been extended to June 30, 2008, to correspond with SCAG's Regional Transportation Plan, as allowed per Chapter 696, Statutes of 2004 (AB 2158, Lowenthal)), was last updated in December 2001 and is, therefore, current. Effects of Amendment No. 2 upon the General Plan The possible future acquisition (including through the use of eminent domain), assembly, and disposition of real property by the Agency is not done under authority of the General Plan. However, implementation of these activities could help the Agency to help the City to realize certain goals, objections, and policies of the General Plan, particularly with respect to land use and development objectives and policies. If adopted, Amendment No. 2 would ' The Agency has not identified any specific parcels whereby this authority would be used kWlor_pn_serv\City Share\Community DevelopmentUNRAWmendment No. 2Wgenda Reports\070724 PC Amendment 2 doc Ong I(�`.. Honorable Planning Commission July 24, 2007 Page 3 change the Plan only with respect to the Agency's new time limit for the acquisition of real property by eminent domain, an activity not identified in the General Plan; therefore, adoption of Amendment No. 2 per se does not create a situation where the issue of conformity would be in question. Further,. Section 522 of the Plan provides that "all development within the Project Area shall be consistent within the General Plan ... as amended from time to time." Amendment No. 2 does not modify Section 522 of the Plan; therefore, the Plan will continue to be consistent with the General Plan, as required under CCRL Section 33331. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Planning Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has prepared or supervised the preparation of an Initial Study to assess the potential significant impacts of this project. Based upon the Initial Study, the Director has determined that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment and has prepared a Mitigated Negative Declaration (attached) for Planning Commission review and consideration. Section 15025(c) of the CEQA Guidelines provides that "where an advisory body such as a planning commission is required to make a recommendation on a project to the decision - making body, the advisory body shall also review and consider the mitigated negative declaration in draft or final form." In addition, Section 15074(a) of the CEQA Guidelines also provides that "any advisory body of a public agency making a recommendation to the decision - making body shall consider the proposed negative declaration or mitigated negative declaration before making its recommendation." A joint public hearing on Amendment No. 2 and the Mitigated Negative Declaration has been set by the City Clerk's office for September 19, 2007. Any comments on the draft Mitigated Negative Declaration received on or before the joint public hearing will be considered by the Agency and City Council prior to those bodies taking action on Amendment No. 2. 004,10i Honorable Planning Commission July 24, 2007 Page 4 STAFF RECOMMENDATION Adopt Resolution No. PC -2007- finding that Amendment No. 2 to the Redevelopment Plan does not affect the General Plan, recommending to the City Council adoption of the Mitigated Negative Declaration, and recommending approval and adoption of Amendment No. 2 to the Redevelopment Plan. ATTACHMENTS: 1. Draft Amendment No. 2 2. Draft Initial Study and Mitigated Negative Declaration 3. Draft PC Resolution 0044; � Moorpark Redevelopment Agency Amendment Alo. 2 DRAFT Amendment No. 2 to the Redevelopment Plan for the Moorpark Redevelopment Project July 2007 Amendment No. 2 (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or the "Project Area," as applicable), as previously amended, has been prepared by the Redevelopment Agency of the City of Moorpark (the "Agency ") in accordances with the California Community Redevelopment Law (CCRL) as codified in the State of California Health and Safety Code Sections 33000, et seq., and as more specifically set forth in Chapter 4, Article 12 of the CCRL, and all applicable laws and ordinances. Amendment No. 2 has been prepared for the sole purpose of reinstating the Plan's limited eminent domain provision, codified in Plan Section 403, Acquisition of Real Property, which, in its entirety, currently reads as follows: "(Section 403) Acquisition of Real Property. The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency. The following restrictions are applicable to the Agency's power of Eminent Domain: 1. All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) is excluded from eminent domain for so long as that owner occupies the residence. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement unless provision for such acquisition is made in the agreement The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. No eminent domain proceeding to acquire real property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting this Plan. Such time limitation may be extended only by amendment of this Plan. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." (Emphasis added.] (Plan, pp. 4 -5) Amendment No. 2 amends Plan Section 403, Acquisition of Real Property, third paragraph (as emphasized in italics above), to read as follows: "No eminent domain proceedings to acquire property within the project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting Amendment No. 2. Such time limitation may be extended only by further amendment of the Plan." (Emphasis added.] No other sections of the Plan are affected, amended, or in any way modified by Amendment No. 2. PC ATTACHMENT 1 OOGO! . Amendment No 2_v04 1 ,/Illy 2007 MITIGATED NEGATIVE DECLARATION CITY OF MOORPARK 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 The following Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act of 1970 as amended, the State Guidelines, and the Environmental Procedures of the City of Moorpark. Public Review Period: August 20, 2007 — September 19, 2007 Project Title /Case No.: Amendment No. 2 to Redevelopment Plan for Moorpark Redevelopment Project Project Location: Moorpark Redevelopment Project Area Project Description: See attached Initial Study Project Type: _ Private Project X Public Project Project Applicant: Moorpark Redevelopment Agency, 799 Moorpark Avenue, Moorpark, CA 93021 (805) 517 -6217 Finding: After preparing an Initial Study for the above - referenced project, revisions have been made by or agreed to by the applicant consistent with the mitigation measures identified in the Initial Study. With these revisions, it is found that there is no substantial evidence, in light of the whole record before the City of Moorpark, that the project may have a significant effect on the environment (Initial Study Attached) Responsible Agencies: None identified Trustee Agencies: None identified Attachments: Initial Study with Mitigation Measures Contact Person: Hugh R. Riley Assistant City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California, 93021 (805) 517 -6215 PC ATTACHMENT 2 S \Community Development \FORMS \Environmental \Proposed MND doc v oc' Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain CITY OF MOORPARK INITIAL STUDY 799 MOORPARK AVENUE MOORPARK, CA 93021 (805) 517 -6200 Project Title: Redevelopment Plan Amendment No. 2: Reinstatement of Eminent Domain Contact Person and Phone No.: Hugh Riley (805) 517 -6215 Name of Applicant: Moorpark Redevelopment Agency Address and Phone No.: 799 Moorpark Avenue, Moorpark, CA 93021 (805) 517 -6217 Project Location: Moorpark Redevelopment Project Area General Plan Designation: Residential, Commercial, Zoning: Residential, Commercial, Industrial, Industrial, Open Space, Utilities, Agricultural, Open Space, and Parks, Schools, Specific Plan, Institutional Public Institutional, Freeway, and Floodway Project Description: Amendment No. 2 (the "Amendment ") to the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or the "Project Area," as applicable), as previously amended, has been prepared by the Redevelopment Agency of the City of Moorpark (the "Agency ") in accordances with the California Community Redevelopment Law (CCRL) as codified in the State of California Health and Safety Code Sections 33000, et seq., and as more specifically set forth in Chapter 4, Article 12 of the CCRL, and all applicable laws and ordinances Amendment No. 2 has been prepared for the sole purpose of reinstating the Plan's limited eminent domain provision, codified in Plan Section 403, Acquisition of Real Property, which, in its entirety, currently reads as follows. "(Section 403) Acquisition of Real Property. The Agency may purchase, lease, obtain option upon or otherwise acquire any interest in real property located in the Project Area by gift, devise, exchange, purchase, or any other means authorized by law including the use of eminent domain for the purpose of redevelopment. Acquisition of property will generally be achieved by cooperative negotiations between the owner of such property and the Agency The following restrictions are applicable to the Agency's power of Eminent Domain: 1 All property zoned residential is excluded from eminent domain. 2. All property zoned commercial or industrial that has a residential structure (house) on it and is owner occupied at the time the Redevelopment Plan is adopted (which date shall be June 28, 1989) is excluded from eminent domain for so long as that owner occupies the residence. The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement unless provision for such acquisition is made in the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located No eminent domain proceeding to acquire real property within the Project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting this Plan. Such time limitation may be extended only by amendment of this Plan. The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless (1) such building requires structural alterations, improvement, modernization, or rehabilitation, or (2) the site or lot on which the building is situated requires modification in size, shape, or use, or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of the Plan and the owner fails or refuses to participate in the Plan by executing a participation agreement." [Emphasis added ] (Plan, pp. 4 -5)" Amendment No. 2 amends Plan Section 403, Acquisition of Real Property, third paragraph (as emphasized in italics above), to read as follows: "No eminent domain proceedings to acquire property within the project Area shall be commenced after twelve (12) years following the date of adoption of the ordinance approving and adopting Amendment No. 2. Such time limitation may be extended only by further amendment of the Plan " [Emphasis added ] No other sections of the Plan are affected, amended, or in any way modified by Amendment No 2 O0�.t o�; Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Surrounding Land Uses and Setting: North: Residences, Open Space, and Freeway South: Arroyo Simi, Residences, Industrial Uses, Arroyo Vista Park, Glenwood Park, Agriculture (Container Plants) East: Open Space, Industrial Uses West: Residences, Open Space Responsible and Trustee Agencies: None identified at this time. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Less Than Si 7nific ant With Mitigation, "as indicated by the checklist on the following pages Aesthetics Agricultural Resources Air Quality Biological Resources X Cultural Resources Geology /Soils X Hazards and Hazardous Materials Hydrology/Water Quality Land Use /Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance None DETERMINATION: On the basis of this initial evaluation, I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. Mitigation measures described on the attached Exhibit 1 have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared Prepared by: avid A. B bar t, anning Direc r Date: Reviewed by: Ja:�rV7.Hogan, pu City Manager Date: Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain INITIAL STUDY EXHIBIT 1: MITIGATED NEGATIVE DECLARATION MITIGATION MEASURES AND MONITORING AND REPORTING PROGRAM Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, an archaeological resource mitigation program plan, prepared by a County - certified archaeologist, shall be prepared for the site and submitted to the Planning Director for review and approval. The plan shall include the results of an archaeological records search and intensive site survey, along with the identification of any specific measures necessary to reduce archeological resource impacts on the site to a less -than significant level, consistent with the thresholds established in Section 15064.5 of the CEQA Guidelines. These measures shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan or building plan cover sheet. If additional or unexpected archaeological features are discovered, work on the site shall cease. The site shall be re- assessed and the mitigation plan shall be amended as necessary prior to the resumption of site work. The archaeologist shall submit a follow -up report to the City of Moorpark Community Development Department, which shall include the period of inspection, an analysis of any artifacts found, and the present repository of the artifacts. Monitoring Action: Review of plan; site inspection Timing: Prior to issuance of grading permit, building permit, or initiation of any disturbance to structures or land (review of plan); during construction (site inspection) Responsibility: Planning Director 2. In accordance with California Health and Safety Code Section 7050.5, if human remains are found during grading or construction, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery. The County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section 5097.98, the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 24 hours of notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains. Monitoring Action: Site inspection; notification of County Coroner and coordination with Native American Heritage Commission and Native American representative, if necessary Timing: During construction activities Responsibility: Planning Director 3 o e i'. W - Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain 3. Prior to the issuance of a grading permit for excavation on property acquired by the redevelopment agency through eminent domain, a soils report shall be submitted to the Planning Director for review and approval, identifying the types of soils that will be exposed to grading /disturbance activities. Along with this report, a paleontological resource mitigation program plan, outlining procedures for site inspections, paleontological data recovery, and resource ownership, shall be prepared and submitted to the Planning Director for review and approval The program shall include sufficient monitoring of the potential fossil- bearing areas of the site during grading operations with procedures for resource recovery to ensure that paleontological resources are not lost during grading operations. Paleontological resource requirements shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan cover sheet. A qualified paleontologist shall be retained to monitor, and, if necessary, salvage scientifically significant fossil remains during grading operations. The duration of these inspections shall be determined by the paleontologist and shall depend on the sensitivity of the rock units, the rate of excavation, and the abundance of fossils. The duration shall be determined by: a. Grading activities in geologic units of high paleontological sensitivity shall require full -time monitoring by a qualified paleontologist. b. Geologic units of low or moderate paleontological sensitivity shall require part-time monitoring. If significant fossils are observed during grading, full -time monitoring shall be implemented. c. The paleontologists shall have the power to temporarily divert or direct grading efforts to allow for evaluation and any necessary salvage of exposed fossils. d. Monitoring may be reduced if the potentially fossiliferous units described in this assessment are not present subsurface or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. Monitoring Action: Review of soils report and plan; site inspection Timing: Prior to issuance of grading permit or initiation of excavation activities (review of soils report and plan), during construction (site inspection) Responsibility: Planning Director 4. Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, a historical resource mitigation program plan shall be prepared for the site and submitted to the Planning Director for review and approval. The plan shall include the identification of any specific measures necessary to reduce historical resource impacts on the site to a less -than significant level, consistent with the thresholds established in Section 15064.5 of the CEQA Guidelines. These measures shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan and /or building plan cover sheet. Monitoring Action: Review of plan, site inspection Timing: Prior to issuance of grading permit, building permit, or initiation of any disturbance to structures or land (review of plan), during construction (site inspection) Responsibility: Planning Director 5. Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, a complete Phase I Environmental Site Assessment and any necessary Phase II Assessment shall be prepared for the site and submitted to the Planning Director for review and approval. 4 0(`(' -- Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Any recommended remediation shall be completed in compliance with State and Federal regulations concerning the handling and disposal of hazardous substances prior to the initiation of any further development activities on the site. Monitoring Action: Review of Environmental Site Assessment(s), inspection of remediation if needed Timing: Prior to issuance of grading permit, building permit, or initiation of any disturbance to structures or land Responsibility: Planning Director 5 _ Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response The Final Program Environmental Impact Report (EIR) for the Redevelopment Plan (SCH #88113035) did not identify any significant aesthetic effects resulting from the redevelopment activities identified in the plan. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Land Use Element (1992), Final EIR for the Land Use and Circulation Element Update and Sphere of Influence Expansion Study (SCH #90010061, May 1992). Mitigation: None required. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of Statewnde Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 3) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 6 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact A. AESTHETICS — Would the project: 1) Have a substantial adverse effect on a scenic vista? X 2) Substantially damage scenic resources, including, but X not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 3) Substantially degrade the existing visual character or X quality of the site and its surroundings? 4) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Response The Final Program Environmental Impact Report (EIR) for the Redevelopment Plan (SCH #88113035) did not identify any significant aesthetic effects resulting from the redevelopment activities identified in the plan. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Land Use Element (1992), Final EIR for the Land Use and Circulation Element Update and Sphere of Influence Expansion Study (SCH #90010061, May 1992). Mitigation: None required. B. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, the City of Moorpark may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 1) Convert Prime Farmland, Unique Farmland, or Farmland of Statewnde Importance (Farmland), as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non - agricultural use? 2) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 3) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 6 Redevelopment Plan Amendment No 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No impact mitigation impact impact Response. No agricultural uses or Williamson Act contracts currently exist in the Project Area. Two sites have been identified in the 1989 Redevelopment Plan as having existing agricultural uses. Both have since been converted to urban uses. The one area of land in the Project Area designated by the California Department of Conservation as Prime Farmland in 2002 has since either been converted to or entitled for urban uses. It has not been in agricultural production in recent years, and is planned and zoned for urban uses. The one area of land in the Project Area designated by the State as Farmland of Local Importance in 2002 has a development application on file and the use of eminent domain is not expected for this property. It has not been in agricultural production in recent years. No Unique Farmland or Farmland of Statewide Importance has been designated within the Project Area. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Sources Redevelopment Plan (June 1989), 2005 -2009 Implementation Plan, Photomapper® Aerial Photos (2002), California Dep't of Conservation. Ventura County Important Farmland Map (2002) Mitigation: None required. C. AIR QUALITY — Would the project: 1) Conflict with or obstruct implementation of the applicable X air quality plan? 2) Violate any air quality standard or contribute substantially to an existing or protected air quality violation? 3) Result in a cumulatively considerable net increase of any X criteria pollutant for which the protect region is non attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 4) Expose sensitive receptors to substantial pollutant X concentrations? 5) Create objectionable odors affecting a substantial number X of people? Response' The Project Area is located in the South Central Coast Air Basin and is under the jurisdiction of the Ventura County Air Pollution Control District for regulating stationary sources of pollution. Ventura County is a severe non - attainment area for the federal and state one -hour ozone standards, and has been recommended as a non - attainment area for the federal eight -hour ozone standard. Ventura County is also a non - attainment area for the state standard for PM,o (particulate matter with an aerodynamic diameter of 10 microns or smaller). Ambient levels of other pollutants in Ventura County do not violate state or federal standards. Emissions from redevelopment activities under the current Redevelopment Plan have been previously assessed in the Final EIR for the Redevelopment Plan (SCH #88113035) and General Plan 1992 Land Use and Circulation Element Update (SCH #90010061). Transportation Demand Management Program fees are collected from development projects as a standard condition. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. 7 00 0� Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Sources: Ventura County Air Pollution Control District: Ventura County Air Quality Assessment Guidelines (October 2003), Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989),2005-2009 Implementation Plan, General Plan Land Use Element (1992), Final EIR for the Land Use and Circulation Element Update and Sphere of Influence Expansion Study (SCH #90010061, May 1992), Standard Conditions. Mitigation. None required. D. BIOLOGICAL RESOURCES — Would the project: 1) Have a substantial adverse effect, either daectly or X through habitat modifications. on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U S Fish and Wildlife Service? 2) Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, polices, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? 3) Have a substantial adverse effect on federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc ) through direct removal, filling, hydrological interruption, or other means? 4) Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 5) Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? 6) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local regional, or state habitat Response: The Project Area is primarily urbanized. The EIR for the Redevelopment Plan noted that redevelopment activities could result in the elimination and /or displacement of assorted native and non - native plant species and some small rodents and other mammals located in the Project Area. However, this was not considered a significant effect given that the area was not considered primary natural habitat. The proposed Redevelopment Plan amendment does not expand the Project Area or include development beyond that which would occur without the amendment. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, PhotomapperO Aerial Photos (2002). Mitigation: None required. 8 Redevelopment Plan Amendment No 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact E. CULTURAL RESOURCES — Would the project. 1) Cause a substantial adverse change in the significance of a historic resource as defined in §15064.5? 2) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064 5? 3) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? 4) Disturb any human remains, including those interred X outside of formal cemetenes9 Response: The Final EIR for the Redevelopment Plan (SCH #88113035) noted the possibility for significant impacts on historical, archaeological, or paleontological resources. Mitigation called for an investigation if such resources were uncovered during plan implementation. Although this project does not include physical implementation activities beyond those which would occur without the amendment, additional mitigation is identified to reduce cultural resource impacts to a less -than significant level. Sources Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan Mitigation: 1. Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, an archaeological resource mitigation program plan, prepared by a County- certified archaeologist, shall be prepared for the site and submitted to the Planning Director for review and approval. The plan shall include the results of an archaeological records search and intensive site survey, along with the identification of any specific measures necessary to reduce archeological resource impacts on the site to a less -than significant level, consistent with the thresholds established in Section 15064.5 of the CEQA Guidelines. These measures shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan or building plan cover sheet. If additional or unexpected archaeological features are discovered, work on the site shall cease The site shall be re- assessed and the mitigation plan shall be amended as necessary prior to the resumption of site work. The archaeologist shall submit a follow -up report to the City of Moorpark Community Development Department, which shall include the period of inspection, an analysis of any artifacts found, and the present repository of the artifacts. In accordance with California Health and Safety Code Section 7050.5, if human remains are found during grading or construction, no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the County Coroner has determined the appropriate treatment and disposition of the human remains. The County Coroner shall make such determination within two working days of notification of discovery . The County Coroner shall be notified within 24 hours of the discovery. If the County Coroner determines that the remains are or believed to be Native American, the County Coroner shall notify the Native American Heritage Commission in Sacramento within 24 hours. In accordance with California Public Resources Code Section 5097.98, the Native American Heritage Commission must immediately notify those persons it believes to be the most likely descended from the deceased Native American. The descendents shall complete their inspection within 24 hours of notification. The designated Native American representative would then determine, in consultation with the property owner, the disposition of the human remains Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No impact mitigation impact impact Prior to the issuance of a grading permit for excavation on property acquired by the redevelopment agency through eminent domain, a soils report shall be submitted to the Planning Director for review and approval, identifying the types of soils that will be exposed to grading /disturbance activities. Along with this report, a paleontological resource mitigation program plan, outlining procedures for site inspections, paleontological data recovery, and resource ownership, shall be prepared and submitted to the Planning Director for review and approval. The program shall include sufficient monitoring of the potential fossil- bearing areas of the site during grading operations with procedures for resource recovery to ensure that paleontological resources are not lost during grading operations. Paleontological resource requirements shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan cover sheet. A qualified paleontologist shall be retained to monitor, and, if necessary, salvage scientifically significant fossil remains during grading operations The duration of these inspections shall be determined by the paleontologist and shall depend on the sensitivity of the rock units, the rate of excavation, and the abundance of fossils. The duration shall be determined by: e. Grading activities in geologic units of high paleontological sensitivity shall require full - time monitoring by a qualified paleontologist. f. Geologic units of low or moderate paleontological sensitivity shall require part-time monitoring. If significant fossils are observed during grading, full -time monitoring shall be implemented. g. The paleontologists shall have the power to temporarily divert or direct grading efforts to allow for evaluation and any necessary salvage of exposed fossils. h. Monitoring may be reduced if the potentially fossiliferous units described in this assessment are not present subsurface or, if present, are determined upon exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources. Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, a historical resource mitigation program plan shall be prepared for the site and submitted to the Planning Director for review and approval. The plan shall include the identification of any specific measures necessary to reduce historical resource impacts on the site to a less -than significant level, consistent with the thresholds established in Section 15064.5 of the CEQA Guidelines These measures shall be incorporated as project conditions binding on the project, and shall be noted on the grading plan and /or building plan cover sheet F. GEOLOGY AND SOILS — Would the project: 1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death Involving i) Rupture of a known earthquake fault, as delineated on the X most recent Algwst -Paolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mmes and Geology Special Publication 42 n) Strong seismic ground shaking? X w) Seismic- related ground failure, Including liquefaction? X 10 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Significant With Impact Mitigation iv) Landslides? 2) Result in substantial soil erosion or the loss of topsoil? 3) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the protect, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? 4) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial asks to life or property? 5) Have sods incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste Less Than Significant No Impact Impact X X Response: The potential environmental impacts with regard to soils, geology, and seismicity within the Project Area were evaluated in the Final EIR for the redevelopment plan Mitigation measures identified in this EIR and incorporated into this project reiterate Code requirements and standard project conditions that reduce geologic impacts to a less -than significant level. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Code requirements and standard conditions required at the project review level would reduce potential geology and soils impacts to a less -than significant level. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Safety Element (2001), Standard Conditions Mitigation: None required. G. HAZARDS AND HAZARDOUS MATERIALS — Would the project. 1) Create a significant hazard to the public or the X environment through the routine transport, use, or disposal of hazardous materials? 2) Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 3) Emit hazardous emission or handle hazardous or acutely X hazardous matenals, substances, or waste within one - quarter mile of an existing or proposed school? 4) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962 5 and, as a result, would it create a significant hazard to the public or the environment? 5) For a protect located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the protect result in a safety hazard for people residing or working in the protect area? 11 Opc'- C " Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Significant With Impact Mitigation 6) For a protect within the vicinity of a pnvate airstrip, would the protect result in a safety hazard for people residing or working in the protect area? 7) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan9 8) Expose people or structures to a significant nsk of loss, injury or death involving wddland fires, including where wildlands are adjacent to urbanized areas or where Less Than Significant No Impact Impact X X X Response: Property acquisition may involve properties that are contaminated with hazardous materials. A complete Phase I Environmental Site Assessment and any necessary Phase II Assessment, normally obtained prior to site acquisition, may not be possible prior to acquisition through eminent domain if the property owner is unwilling to allow a site reconnaissance. However, this could be performed after acquisition and prior to initiation of any development activities. Compliance with all State and Federal regulations concerning the handling and disposal of hazardous substances would reduce potential hazardous substance impacts to a less -than significant level. No airports, private airstrips, or land within an airport land use plan are located within the vicinity of the Project Area. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan. Sources Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Safety Element (2001) Mitigation: Prior to the issuance of a grading permit, building permit or initiation of any disturbance to structures or land on property acquired by the redevelopment agency through eminent domain, a complete Phase I Environmental Site Assessment and any necessary Phase II Assessment shall be prepared for the site and submitted to the Planning Director for review and approval. Any recommended remediation shall be completed in compliance with State and Federal regulations concerning the handling and disposal of hazardous substances prior to the initiation of any further development activities on the site. H. HYDROLOGY AND WATER QUALITY — Would the project 1) Violate any water quality standards or waste discharge X requirements? 2) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e g , the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 3) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site 7 12 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? n) inundation by seiche, tsunami, or mudflow? Response. Code requirements and standard conditions provided at the development project review level ensure that all new development projects include 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, National Pollution Discharge Elimination System (NPDES) Permit No. CAS004002. Areas of the Redevelopment Project Area within the 100 -year floodplain can only be used for housing if a Letter of Map Revision (LOMR) is issued by the Federal Emergency Management Agency, indicating that the land is no longer within the 100 - year floodplain. In addition, project hydrology reports are required to demonstrate that new development would not create adverse drainage impacts on surrounding properties The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, Standard Conditions, General Plan Safety Element (2001) Mitigation: None required I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X X 13 OW, Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 4) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? 5) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 6) Otherwise substantially degrade water quality? X 7) Place housing within a 100 -year flood hazard area as X mapped on a federal Flood Hazard boundary or Flood Insurance Rate Map or other flood hazard delineation map? 8) Place within a 100 -year flood hazard area structures which X would impede or redirect flood flows? 9) Expose people or structures to a significant risk of loss, X injury or death involving i) flooding, including flooding as a result of the failure of a levee or dam? n) inundation by seiche, tsunami, or mudflow? Response. Code requirements and standard conditions provided at the development project review level ensure that all new development projects include 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, National Pollution Discharge Elimination System (NPDES) Permit No. CAS004002. Areas of the Redevelopment Project Area within the 100 -year floodplain can only be used for housing if a Letter of Map Revision (LOMR) is issued by the Federal Emergency Management Agency, indicating that the land is no longer within the 100 - year floodplain. In addition, project hydrology reports are required to demonstrate that new development would not create adverse drainage impacts on surrounding properties The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, Standard Conditions, General Plan Safety Element (2001) Mitigation: None required I. LAND USE AND PLANNING — Would the project: 1) Physically divide an established community? 2) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X X 13 OW, Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Significant With Impact Mitigation 3) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less Than Significant No Impact Impact X Response. The proposed amendment would not change any existing land use, land use policy, or land use regulation, nor would it change the Project Area boundaries. The Redevelopment Plan calls for land use development that is consistent with the General Plan. This is also required by State law No physical implementation activities are proposed in adopting the amendment to reinstate eminent domain Sources Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Land Use Element (1992) Mitigation: None required. J. MINERAL RESOURCES — Would the project. 1) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? 2) Result in the loss of availability of a locally - important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Response: According to the General Plan Open Space, Conservation, and Recreation Element, there are no known mineral resources of statewide significance within Moorpark's corporate boundaries. Sources. Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation: None required. K. NOISE — Would the project result in 1) Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or nose ordinance, or applicable standards of other agencies? 2) Exposure of persons to or generation of excessive X groundborne vibration or groundborne noise levels? 3) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the protect? 4) A substantial temporary or periodic increase in ambient nose levels in the protect vicinity above levels existing without the protect? 5) For a protect located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the protect area to excessive noise levels? 14 6) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Redevelopment Plan Amendment No 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X Response: Noise could result from construction activities (including demolition), long -term operation of new uses in the Redevelopment Project Area, or additional traffic. Construction hours are restricted in the Municipal Code to 7.00 AM through 7.00 PM, Monday through Saturday. Exceptions can on be granted if the Public Works Director finds that the public peace, health, safety, and welfare would not be affected, or for emergency construction. Long -term operational noise and vehicle noise impacts are addressed through the Noise Element of the General Plan, which includes policies for noise attenuation to be addressed early in project design. The Redevelopment Plan calls for land use development that is consistent with the General Plan This is also required by State law The proposed amendment to reinstate eminent domain does not affect Noise Element policies. In addition, no physical implementation activities are proposed in adopting the amendment. Sources. Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Noise Element (1998) Mitigation. None required. L. POPULATION AND HOUSING — Would the project: 1) Induce substantial population growth in an area, either directly ( for example, by proposing new homes and businesses) or indirectly ( for example, through extension of roads or other infrastructure)? 2) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? 3) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Response. The use of eminent domain may result in the displacement of Project Area residents. California Community Redevelopment Law (Health and Safety Code Section 33410 et seq.) requires relocation assistance to be provided to residents and non - profit local community institutions displaced by redevelopment activities, including acquisition through eminent domain. In addition to the mandated relocation assistance, twenty percent (20 %) of the tax increment generated in the Redevelopment Project Area is required to be used for the construction of low and moderate income housing. Housing units occupied by low and moderate income residents that are destroyed or removed from the low and moderate income housing market by redevelopment activities, including acquisition through eminent domain, must be replaced with affordable housing within the Project Area. These requirements would offset any impacts created by acquisition of residential properties, should eminent domain be allowed for such acquisition. Sources. California Community Redevelopment Law (Health and Safety Code Section 33000, et seq ) Mitigation: None required. 15 M. PUBLIC SERVICES 1) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services Fire protection? Ponce protection? Schools? Parks? Other public facilities? Redevelopment Plan Amendment No 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact X X X X X Response. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Because of this, no increase in the need for public services is expected as a result of the proposed amendment to reinstate eminent domain. Sources: Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Safety Element (2001), General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation. None required. N. RECREATION 1) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 2) Does the project include recreational facilities or require X the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Responses The existing Redevelopment Plan allows for the establishment of parks and recreational facilities anywhere within the Project Area The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Because of this, no increase in the use of parks and recreational facilities is expected through the reinstatement of eminent domain. Sources. Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Open Space, Conservation, and Recreation Element (1986) Mitigation. None required. 16 Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact O. TRANSPORTATION/TRAFFIC — Would the project: 1) Cause an increase in traffic which is substantial in relation X to the existing traffic load and capacity of the street system (i e , result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 2) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? 3) Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety asks? 4) Substantially increase hazards due to a design feature X (e g , sharp curves or dangerous intersections) or incompatible uses (e g . farm equipment)? 5) Result in inadequate emergency access? X 6) Result in inadequate parking capacity? 7) Conflict with adopted polices, plans, or programs X supporting alternative transportation (e g , bus turnouts, bicycle racks)? Response: The City of Moorpark collects Citywide Traffic Impact fees and Area of Contribution fees to be used for traffic improvements to offset impacts created by development projects Individual projects may contribute improvements or pay for a fair share of future improvements, depending on the results of a project traffic study. In addition, Transportation Demand Management fees are collected to fund alternative transportation improvements. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005 -2009 Implementation Plan. Because of this, no increase in traffic, change in air traffic patterns, increase in traffic hazards, impacts on emergency access, impacts on parking, or conflicts with alternative transportation plans, policies or programs are expected through the reinstatement of eminent domain Sources Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, General Plan Circulation Element (1992) Mitigation None required. P. UTILITIES AND SERVICE SYSTEMS — Would the project: 1) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? 2) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 17 O�r;�r Redevelopment Plan Amendment No 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 3) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 4) Have sufficient water supplies available to serve the X protect from existing entitlements and resources, or are new or expanded entitlements needed? 5) Result in a determination by the wastewater treatment X provider which serves or may serve the protect that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 6) Be served by the landfill with sufficient permitted capacity X to accommodate the project's sold waste disposal needs? 7) Comply with federal, state, and local statutes and X regulations related to solid waste? Response- Any necessary utility improvements are required from development projects as part of the permit review process. The proposed Redevelopment Plan amendment proposes no physical implementation activities beyond those identified in the Redevelopment Plan, including the 2005- 2009 Implementation Plan. Because of this, no increase in the need for utility services is expected as a result of the proposed amendment. Sources. Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan, Ventura County Watershed Protection District Technical Guidance Manual for Stormwater Quality Control Measures (2002) Mitigation. None required. Q. MANDATORY FINDINGS OF SIGNIFICANCE 1) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history of prehistory? 2) Does the project have impacts that are individually limited, X but cumulatively considerable? ("Cumulatively considerable" means that the incremental effect of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and effects of probable future projects)? 3) Does the project have environmental effects which will X cause substantial adverse effects on human beings, either directly or indirectly? 18 0 (14,;1' Redevelopment Plan Amendment No. 2 Reinstatement of Eminent Domain Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Response. With the incorporation of the mitigation measures identified in this Initial Study, the proposed Redevelopment Plan amendment will not impact any of the environmental issue areas as evidenced by the assessment above. The Project Area is primarily urbanized and no significant fish and wildlife habitat or plant or animal community is contained within its boundaries. The proposed amendment proposed no new development, not any change in land uses, therefore, no examples of major periods of California history or prehistory will be eliminated by the adoption of the amendment. The proposed Redevelopment Plan amendment does not expand the Project Area or include development beyond that which would occur without the amendment, therefore, cumulative effects and substantial adverse effects on human beings are not expected. Sources. Redevelopment Plan (June 1989), Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989), 2005 -2009 Implementation Plan Earlier Environmental Documents Used in the Preparation of this Initial Study Final Program EIR for Moorpark Redevelopment Project (SCH #88113035, June 1989) 2. Final EIR for the Land Use and Circulation Element Update and Sphere of Influence Expansion Study (SCH #90010061, May 1992) Additional Project References Used to Prepare this Initial Study One or more of the following references were incorporated into the Initial Study by reference, and are available for review in the Community Development Office, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021. The City of Moorpark's General Plan, as amended. 2. The Moorpark Municipal Code, as amended. The Procedures of the City of Moorpark and Moorpark Redevelopment Agency to Implement the California Environmental Quality Act (CEQA), adopted by City Council Resolution No. 2004 -2224 and Moorpark Redevelopment Agency Resolution No 2004 -142 4 CEQA Statutes and Guidelines: Public Resources Code Division 13 (Section 21000 et seq.) and California Code of Regulations, Title 14, Chapter 3 (Section 15000 et seq.) 5. Ventura County Air Quality Assessment Guidelines, October 31, 2003. 6. Redevelopment Project Area Map 7. 2004 Air Photo USA© Aerial Photograph of City Attachments Proposed Eminent Domain Area Map 19 RESOLUTION NO. PC -2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, FINDING THAT AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN DOES NOT AFFECT THE CITY'S GENERAL PLAN, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN, AND RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK APPROVE, AND THE CITY COUNCIL ADOPT, AMENDMENT NO. 2 TO THE REDEVELOPMENT PLAN WHEREAS, by its Ordinance No. 110, dated July 5, 1989, the City Council of the City of Moorpark (the "City Council" and "City," respectively) adopted a Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or "Project Area," as appropriate) pursuant to procedures codified within the California Community Redevelopment Law ( "CCRL "; Health and Safety Code Section 33000 et seq.); and WHEREAS, on July 5, 1989, the City Council, by its Ordinance No. 111, approved an amendment ( "Amendment No. 1") to the Plan to "re- enact" certain restrictions on the Agency's eminent domain authority subject to approval of the electorate of the City; and WHEREAS, on July 19, 1989, the City Council, by its Resolution No 89 -588, called for a special election to be held, for the purpose of submitting Amendment no. 1 to the City's electorate for approval; and WHEREAS, on November 7, 1989, a Special Municipal Election was held and conducted in the City, whereby the electorate approved the adoption of Ordinance No. 111; and WHEREAS, Ordinance No. 111 was made effective on December 6, 1989, by City Council Resolution No 89 -623; and WHEREAS, the Moorpark Redevelopment Agency's (the "Agency ") eminent domain authority promulgated under the Plan for the Project Area expired on July 4, 2001; and WHEREAS, in accordance with Article 12 of the CCRL, commencing with Section 33450, the City Council may amend the Plan upon the recommendation of the Agency; and WHEREAS, it is the Agency's desire, so that it may more effectively administer the Plan, and implement redevelopment projects and programs in the Project Area, to prepare an amendment ( "Amendment No. 2 ") to the Plan to reinstate the Agency's eminent domain authority within the Project Area for an additional 12 -year period as permitted under CCRL Section 33333.4(g)(2); and \Wor_pri_sery \City Share \Community Development\MRA\Amendment No 2 \Resos \070724 PC Reso doc PC ATTACHMENT 3 Resolution No. PC -2007- Page 2 WHEREAS, as a part of the process to prepare and process Amendment No. 2, a Project Area Committee (PAC) was established pursuant to CCRL procedures, which PAC has recommended, after considering input from Project Area residents and the business community, that the provisions of Ordinance No. 111 should be reinstated within the Plan (and that the Agency should, therefore, be restricted in its use of eminent domain as provided hereunder), for an additional 12 year period; and WHEREAS, the Planning Commission desires to take into consideration the recommendation of the PAC as a part of its deliberations; and WHEREAS, pursuant to CCRL Section 33453, the proposed changes to the Plan, vis -a -vis Amendment No. 2, are being submitted to the Planning Commission so that it may make a report and recommendation as to how the changes affect the City's General Plan (the "General Plan "); and WHEREAS, the General Plan contains all elements required by Article 5, and its housing element, required to be updated on a five year cycle, was last updated in December 2001 and is, therefore, current; and WHEREAS, Section 522 of the Plan, which will not be modified by Amendment No. 2, provides that "[a]ll development within the Project Area shall be consistent within the General Plan ... as amended from time to time "; and WHEREAS, Amendment No. 2 proposes no changes to land use designations within the Project Area and land use designations contained in the Plan are the same as those land use designations shown on the adopted land use maps of the General Plan; and WHEREAS, Amendment No. 2 proposes no changes to existing development policies, guidelines, and /or standards for properties located within the Project Area, and development policies, guidelines, and /or standards applicable to the Project, as enforced by the Plan, are the same as the development policies, guidelines, and /or standards contained in the General Plan; and WHEREAS, the Plan is a tool that will be used by the City and Agency to help implement the General Plan's goals, objectives, and policies; and WHEREAS, pursuant to Sections 15025(c) and 15074(a) of the California Environmental Quality Act (CEQA) Guidelines (Public Resources Code Section 21000 et seq., and Title 14, California Code of Regulations Section 15000 et seq.), the Planning Commission shall review and consider the draft Mitigated Negative Declaration (the "Mitigated Negative Declaration ") prepared for Amendment No. 2 prior to making its report and recommendations regarding Amendment No. 2. Resolution No. PC -2007- Page 3 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct, and are a substantive part of this resolution. SECTION 2. The Planning Commission has reviewed the draft copy of Amendment No. 2 and the staff report accompanying this resolution, and hereby finds and determines that Amendment No. 2 does not affect, and furthermore is consistent with the General Plan because Amendment No. 2 does not make changes to the General Plan land use designations in the Project Area, or to other General Plan controls or limitations. The Plan, as amended by Amendment No. 2, will always conform with the land use designations, the general location and extent of existing and proposed transportation routes and other public facilities and utilities identified in the various elements of the General Plan, housing policies and other policies contained in the General Plan's various elements. Section 522 of the Plan states that "all development within the Project Area shall be consistent within the General Plan ... as amended from time to time." SECTION 3. The Planning Commission has considered the recommendation of the PAC established as a part of the process to prepare and process Amendment No. 2. SECTION 4. The Planning Commission has reviewed and considered the Initial Study and Proposed Mitigated Negative Declaration prepared for Amendment No. 2 and finds that these documents have been prepared for the project in compliance with the California Environmental Quality Act (CEQA), and City Procedures. Based upon the Initial Study and Mitigated Negative Declaration, the Planning Commission recommends adoption of the Mitigated Negative Declaration by the City Council. SECTION 5. The Planning Commission hereby recommends that the Agency approve, and the City Council adopt, Amendment No. 2. SECTION 6. The Planning Commission hereby authorizes and directs the officers, employees, staff, consultants, and attorneys for the Planning Commission to take any action that may be necessary to effectuate the purposes of this resolution or which are appropriate or desirable in the circumstances. In the event that prior to the adoption of Amendment No. 2, the Agency or City Council desire to make minor revisions to the Plan's eminent domain provision proposed under Amendment No. 2, or make any minor technical or clarifying changes to Amendment No. 2, or any documents related thereto, which do not affect the intent or substantive content of Amendment No. 2, the Planning Commission hereby finds and determines that any such revisions /changes need not be referred to it for further report and recommendations. SECTION 7. The Planning Commission hereby finds and determines that this resolution shall constitute the report and recommendation of the Planning Commission Resolution No. PC -2007- Page 4 to the Agency and the City Council concerning Amendment No. 2, prepared pursuant to CCRL Sections 33458 and 33453. SECTION 8. The Planning Commission hereby authorizes and directs the Planning Director to transmit a copy of this resolution to the Agency and the City Council. SECTION 9. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 24th day of July, 2007. Mark Taillon, Chair David A. Bobardt Planning Director Planning Commission, City of Moorpark, California Minutes of June 26, 2007 Regular Meeting ITEM: 10.A. 1 1 The Regular meeting of the Planning Commission was held on June 26, 2007, in the 2 City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark, 3 California; 93021. 4 1. CALL TO ORDER: 5 Chair Taillon called the meeting to order at 7:07 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Hamous led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Present: Planning Commissioners Hamous and Landis, Vice Chair 10 Peskay and Chair Taillon. 11 Absent: Planning Commissioner Di Cecco, 12 Staff present: Barry Hogan, Community Development Director; David 13 Bobardt, Planning Manager; and Gail Rice, Administrative 14 Assistant 15 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 16 None. 17 5. PUBLIC COMMENTS: 18 None. 19 6. REORDERING OF, AND ADDITIONS TO THE AGENDA: 20 Mr. Hogan stated that applicant for Item 8.A. has requested the hearing be 21 continued to the July 24, 2007 regular Planning Commission meeting. 22 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON 23 MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: 24 (Future agenda items are tentative and are subject to rescheduling.) 25 A. July 24, 2007 26 ■ Variance No. 2007 -01: Bonnie View Residence 27 ■ Commercial Planned Development No. 2007 -01: Peach Hill 28 Medical Plaza 29 B. August 28, 2007 SACommunity Development\COMMISSIONWIINUTES `2007 Draft107_0626_pcm doc 00C .. Planning Commission, City of Moorpark, California Minutes of June 26, 2007 Regular Meeting Page 2 1 • Summer Recess 2 Mr. Hogan discussed future agenda items. 3 8. PUBLIC HEARINGS: (next Resolution No. PC- 2007 -518) 4 A. Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit 5 for Off -Site Liquor Sales at a Proposed Circle -K Convenience Store at 6 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi. 7 (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, 8 accept public testimony and close the public hearing; and 2) Adopt 9 Resolution No. PC -2007- denying the application for Conditional Use 10 Permit No. 2007 -04. 11 Mr. Bobardt stated applicant was not present, but had requested a continuance 12 of this item to the July 24, 2007 Planning Commission regular meeting. 13 The Commission had no questions of staff. 14 Chair Taillon opened the public hearing. 15 Tim Rosevear, resident, spoke in opposition of the project. 16 Chair Taillon announced the public hearing will remain open and the item will be 17 continued to the July 24, 2007 Planning Commission meeting. 18 The Planning Commission is final approval for this project. 19 B. Consider General Plan Amendment No. 2004 -05, Zone Change No. 2004- 20 04, Development Agreement No. 2004 -03 and Residential Planned 21 Development No. 2004 -06 for a 200 -Unit Apartment Proiect on 22 Approximately 10.57 Acres with 8.84 Acres of Public /Institutional Land 23 South of Casey Road and West of Walnut Canyon Road and Moorpark 24 Avenue on the Application of Essex Portfolio, L.P. (Staff: David Bobardt) 25 Staff Recommendation: 1) Open the public hearing, accept public 26 testimony and close the public hearing; and 2) Adopt Resolution No. PC- 27 2007- recommending to the City Council adoption of a Mitigated 28 Negative Declaration and approval of General Plan Amendment No. 29 2004 -05, Zone Change No. 2004 -04, Development Agreement No. 2004- 30 03 and Residential Planned Development No. 2004 -06 with Conditions of 31 Approval. 32 Mr. Bobardt gave the staff report and discussed Commissioner's Di Cecco 33 written comments on the project. 34 Commission Landis and Vice Chair Peskay stated they both met with the 35 applicant to review the site. 36 The Commission questioned staff on the Development Agreement and 37 applicant's specific performance, emergency access and applicant's intention for SACommunity Development \COMMISSION\MINUTES\2007 Draft\07_0626 _Pcm.doc Planning Commission, City of Moorpark, California Minutes of June 26, 2007 Regular Meeting Page 3 1 dual access to the site, trail access, plans to cover up the channel access, size of 2 pool and privacy, the need to meet government's affordable housing 3 requirements, additional landscape on empty space and hardscape needed, 4 deed restrictions on future townhome conversion, applicant's plan to hold and 5 manage the property, pedestrian and Metrolink access, improvements to Casey 6 and Walnut Canyon Road, architectural details, handicap units designated for 7 handicap residents only, and the City regulation of additional soils for the site. 8 Chair Taillon opened the public hearing. 9 Maura Lederer, applicant, spoke in favor of the project and stated she was 10 available for any questions the Commission may have. 11 Scott Mosher, resident, spoke in favor of the project. 12 Chair Taillon closed the public hearing. 13 The Commission discussed the need for softscape for the south elevations, a 14 secondary ingress and egress, flexibility in parking spaces per unit, and 15 proposed access from the north side and south end of the project. 16 MOTION: Commissioner Landis moved and Vice Chair Peskay seconded a 17 motion to accept staff recommendation and adopt Resolution No. PC- 2007 -518, 18 as amended. The motion carried by a 4:0 voice vote; Commissioner Di Cecco 19 absent. 20 The City Council is final approval for this project. 21 9. DISCUSSION ITEMS: 22 None. 23 10. CONSENT CALENDAR: 24 A. Regular Meeting Minutes of May 22, 2007. 25 B. Special Meeting Minutes of June 12, 2007. 26 MOTION. Commissioner Landis moved and Vice Chair Peskay seconded a 27 motion to approve the Consent Calendar. The motion carried by a 4:0 voice 28 vote; Commissioner Di Cecco absent. SACommunRy Development\COMMISSION\MINUTES 12007 Draft107_0626_pcm doc 0 (t 1 �. Planning Commission, City of Moorpark, California Minutes of June 26, 2007 Regular Meeting Page 4 11. ADJOURNMENT: 2 Chair Taillon adjourned the meeting at 8:23 p.m. 3 4 5 Mark Taillon, Chair 6 7 Barry K. Hogan, Community Development Director SACommunity Development \COMMISSION \MINUTES\2007 Draft \07_0626_pcm doc