HomeMy WebLinkAboutAG RPTS 2006 0523 PC REGResolution No. PC- 2006 -498
PLANNING COMMISSION
REGULAR MEETING AGENDA
TUESDAY — MAY 23, 2006
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. REORDERING OF, AND ADDITIONS TO THE AGENDA:
6. CONSENT CALENDAR:
A. Regular Meeting Minutes of April 25, 2006
B. Joint City Council and Planning Commission Meeting Minutes of April 26,
2006
C. Resolution Finding the Vacation of the Street Right- Of -Wav Located at the
Northeasterly Comer of Park Lane and Park Crest Lane, Containing
Approximately 0.072 Acre, to be in Conformance with the Moorpark General
Plan (Staff: Yugal Lail)
Staff Recommendation- Adopt the attached Planning Commission
Resolution (Attachment 2) finding the vacation of the above described
segment of Park Crest Lane to be in conformity with the Moorpark General
Plan.
7. PUBLIC COMMENTS:
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Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it
is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of
the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda.
Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three
minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five
minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu
of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are
on file in the office of the Community Development Department/Planning and are available for public review. Any
questions concerning any agenda item may be directed to the Community Development Department at 517 -6233.
Planning Commission Agenda
May 23, 2006
Page No. 2
8. PUBLIC HEARINGS:
(next Resolution No. 2006 -498)
A. Consider Modification No. 1 to Conditional Use Permit No. 1633 (County
of Ventura) to Continue Operation of an Existing Heliport Used to
Transport Personnel, Maintain and Repair Electrical Systems, and Provide
for Emergency Medical Evacuation at the Southern California Edison
(SCE) Substation located at 5027 Gabbert Road, on the Application of
Southern California Edison (SCE) (Staff: Richard Denniston)
Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; and 2) Adopt Resolution No. PC-
2006- approving Modification No. 1 to Conditional Use Permit No.
1633 (County of Ventura), subject to conditions.
B. Consider Conditional Use Permit No. 2006 -01, a Request to Install Six (6)
Panel Antennas Mounted to Six (6) 17.5 -foot Stub Mount Poles, Four (4)
Communication Equipment Cabinets, One (1) GPS Antenna, One (1)
Telecommunications and Electrical Cabinet, and One (1) Communications
Transformer, on the Application of Royal Street, LLC (Staff: Richard
Denniston)
Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; 2) Adopt Resolution No. PC-
2006- approving Conditional Use Permit No. 2006 -01, subject to
conditions.
C. Consider Commercial Planned Development No. 2005 -01 to Allow
Construction of an Approximately 25,500 Square Foot Office Building on a
1.6 Acre Parcel Located on the South Side of Los Angeles Avenue, West
of Leta Yancy Road, on the Application of Abdy Khorramian, Architect
(Staff: Joseph Fiss)
Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; and 2) Adopt Resolution No. PC-
2006- recommending to the City Council conditional approval of
Commercial Planned Development Permit No. 2005 -01.
9. DISCUSSION ITEMS:
A. Consider Schedulina of a Summer Meetina Recess to Coordinate with
City Council Recess (Staff: David Bobardt )
Staff Recommendation: Direct staff to post a notice of meeting
cancellation for the August 22, 2006, regular meeting.
B. Consider Receiving Information on an Application for Commercial Planned
Development (CPD) Permit No. 2005 -06 to Allow Construction a
137,627 Square Foot Home Improvement Store and Garden Center on an
S \Community Development\ADMIN \COMMISSION\AGENDA\2006 arial \06_0523 pca.doc
Planning Commission Agenda
May 23, 2006
Page No. 3
11.2 Acre Site, on the Application of Home Depot, Located at the End of
Patriot Drive Off of Miller Parkway (Assessor Parcel No. 512 -0- 260 -045)
(Staff: David Bobardt)
Staff Recommendation: Comment and then receive and file.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
(Future agenda items are tentative and are subject to rescheduling.)
A. June 27, 2006
• RPD No. 2004 -06; GPA No. 2004 -05; ZC No. 2004 -04; DA No. 2004-
03; Essex Portfolio, LP /Colmer (HS site)
• CPD 2005 -06 - Home Depot
• Downtown Specific Plan ZOA
• ZOA No. 2004 -02 — Setbacks and flagpoles
B. July 25, 2006
11. ADJOURNMENT:
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In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please
contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City
to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II).
SACommunity Development\ADMIN \COMMISSION\AGENDA12006 ana1106_0523 pca.doc
ITEM: 6.A.
Planning Commission, City of Moorpark, California
Minutes of April 25, 2006 Regular Meeting
Page 1
1 The Regular meeting of the Planning Commission was held on April 25, 2006, in the
2 City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark,
3 California; 93021.
4 1. CALL TO ORDER-
5 Chair Landis called the meeting to order at 7:11 p.m.
6 2. PLEDGE OF ALLEGIANCE-
7 Commissioner DiCecco led the Pledge of Allegiance.
8 3. ROLL CALL:
9 Present: Commissioners DiCecco, Peskay and Pozza, Vice
10 Chair Taillon and Chair Landis
11 Staff Present: Barry K. Hogan, Community Development Director;
12 David Bobardt, Planning Manager; Joe Vacca,
13 Principal Planner; and Gail Rice, Administrative
14 Assistant.
15 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
16 None.
17 5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
18 None.
19 6. CONSENT CALENDAR:
20 A. Special Meeting Minutes of February 21, 2006.
21 MOTION: Commissioner Pozza moved and Commissioner DiCecco seconded a
22 motion to approve the special meeting minutes of February 21, 2006.
23 (Unanimous 5:0 voice vote)
24 7. PUBLIC COMMENTS:
25 None.
26 8. PUBLIC HEARINGS:
27 (next Resolution No. 2006 -497)
28 A. Consider Development Agreement No. 2006 -01 between the City of
29 Moorpark and Birdsall Group LLC in connection with General Plan
\ \Mor_pri_sery \City Share\Community DevelopmentWDMIN \COMMISSION\MINUTES\2006 Draft aria1\06_0425_pcm doc
Planning Commission, City of Moorpark, California
Minutes of April 25, 200E Regular Meeting
Page 2
1 Amendment 2004 -03, Zone Change 2004 -02, Vesting Tentative Tract Map
2 No. 5437, and Residential Planned Development (RPD) No. 2004 -05 to
3 Develop Sixteen (16) Homes, Five (5) Custom Home Lots and One (1)
4 Open Space Lot on Approximately 42.4 Acres East of Walnut Canyon
5 Road at Championship Drive (Staff: Barry Hogan)
6 Staff Recommendation: 1) Open the public hearing, accept public
7 testimony and close the public hearing; and 2) Adopt Resolution No. PC-
8 2006- recommending to the City Council approval of Development
9 Agreement No. 2006 -01.
10 Mr. Vacca gave the staff report.
11 The Commission questioned staff regarding developer's payment of the
12 affordable housing fees, payment of fees for all twenty -one lots prior to end of
13 term of development agreement, property zoning, and the requirement of
14 developer to pay money into trust for Home Owner Association fees over
15 $100.00.
16 Chair Landis opened the public hearing.
17 Mr. Hogan stated there were no speaker cards and no written statement cards
18 Chair Landis closed the public hearing.
19
20 MOTION: Commissioner Peskay moved and Commissioner DiCecco seconded
21 a motion to approve staff recommendation and adopt Resolution No. PC -2006-
22 497. (The motion carried by unanimous 5 :0 voice vote.)
23 9. DISCUSSION ITEMS:
24 Mr. Hogan discussed the recent passage of law AB1234 that would require the
25 2007 -08 newly appointed Planning Commission to take two hours of ethics
26 training.
27 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
28 (Future agenda items are tentative and are subject to rescheduling.)
29 A. April 26, 2006 Joint City Council & Planning Commission Meeting
30 • Annual Goals and Objectives (starts at 8:00 p.m.)
31 B. May 23, 2006
32 0 RPD No. 2004 -06; GPA No. 2004 -05; ZC No. 2004 -04; DA No. 2004-
33 03; Essex Portfolio, LP /Colmer (HS site)
34 . CPD No. 2005 -01; Khorramian (550 -A W. Los Angeles Ave.)
35 • Downtown Specific Plan ZOA
\ \Mor_pn_sery \City Share\Community DevelopmentWDMIN \COMMISSION\MINUTES\2006 Draft aria) \06 0425_pcm.doc
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Planning Commission, City of Moorpark, California
Minutes of April 25, 2006 Regular Meeting
Page 3
1 • ZOA No. 2004 -02 — Setbacks and flagpoles
2 CUP No. 2006 -01; Royal Street Communication, LLC (College Water
3 Tank #2)
4 • Mod. No. 1 to CUP No. 1633; So. Calif. Edison (5027 Gabbert Road)
5 Mr. Hogan briefly discussed future agenda items.
6 The Commission questioned staff on the schedule for the General Plan updates
7 11. ADJOURNMENT:
8 Commissioner Pozza moved and Commissioner Peskay seconded the motion to
9 adjourn the meeting at 7:16 p.m.
10
11
12 ATTEST:
13
14
Kipp A. Landis, Chair
Barry K. Hogan, Community Development Director
\ \Mor_pn_sery \City Share\Community DevelopmentWDMIN \COMMISSION \MINUTES\2006 Draft aria) \06_0425_pcm.d060'*, 0 C,.i
ITEM: 6.13.
MINUTES OF THE JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
Moorpark California April 26, 2006
A Special Joint Meeting of the Moorpark City Council and Planning Commission was
held on April 26, 2006, at 8:00 p.m. at the Moorpark Community Center located at 799
Moorpark Avenue, Moorpark, California.
CALL TO ORDER:
Mayor Hunter called the City Council to order at 8:32 p.m.
Chair Landis called the Planning Commission to order at 8:32 p.m.
2. THE PLEDGE OF ALLEGIANCE:
Barry Hogan, Community Development Director, led the Pledge of Allegiance.
3. ROLL CALL:
City Council: Councilmembers Harper, Mikos, Millhouse,
Parvin, and Mayor Hunter.
Planning Commissioners: Commissioners DiCecco, Peskay, Pozza,
Taillon, and Chair Landis.
Staff Present: Steven Kueny, City Manager; Barry Hogan,
Community Development Director; Yugal Lail,
City Engineer /Public Works Director; Deborah
Traffenstedt, Administrative Services Director/
City Clerk; and Maureen Benson, Deputy City
Clerk.
4. PUBLIC COMMENT:
Justine Ekback complimented the Council and Commission on the great job they
are doing for the community.
5. PRESENTATION /ACTION /DISCUSSION:
A. Consider Priorities, Goals and Objectives for Fiscal Year 2006/2007. Staff
Recommendation: Consider and discuss Priorities, Goals and Objectives
for FY 2006/2007.
Minutes of the City Council and
Planning Commission
Moorpark, California Page 2 April 26 2006
Mr. Kueny referred the Council and Commission to stamped page 20 of
the agenda report for discussion and for any questions.
A discussion followed In response to Council and Commission questions
regarding the need to install a truck scale along State Route 118, the
Tierra Rejada greenbelt, status of the former Caltrans yard on Los
Angeles Avenue, the Specific Plan area for Virginia Colony, the Master
Bike Trail, the City's appeal to FEMA regarding the flood plain map, traffic
signal synchronization in the Campus Park Drive and Collins Drive area, a
landscape median along Los Angeles Avenue, recreational vehicle
parking, and an update on the Hitch Ranch project.
CONSENSUS: It was the consensus of the City Council and Planning
Commission to delete Items 42. and 43. from stamped page 33 as they have
been completed
6. ADJOURNMENT:
Mayor Hunter adjourned the City Council and Chair Landis adjourned the
Planning Commission at 9:19 p.m.
Patrick Hunter, Mayor
Kipp Landis, Chair
ATTEST:
Deborah S. Traffenstedt, City Clerk
ITEM: 6.C.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: The Honorable Planning Commission
FROM: Yugal K. Lail, City Engineer /Public Works Director
PREPARED BY: Earl Schwartz, Assistant City Engineer
DATE: May 5, 2006 (PC Meeting 5- 23 -06)
SUBJECT: Resolution Finding the Vacation of the Street Right -Of-
Way Located at the Northeasterly Corner of Park Lane
and Park Crest Lane, Containing Approximately 0.072
Acre, to be in Conformance with the Moorpark General
Plan
OVERVIEW
This presents a resolution of the Planning Commission, which makes a finding that the
vacation of the street right -of -way for that portion of Park Crest Lane, is in conformance with
the Moorpark General Plan.
BACKGROUND
The approval of CPD 2005 -03, Renaissance Development on the west side of Park Lane
by the City Council on November 2, 2005, did not include reservation of street right -of -way
for the future extension of Unidos Avenue from the terminus easterly to Park Lane. This
approval meant that the City decided not to connect Unidos Avenue to Park Lane. CPD
2005 -03 was approved after the approval of CPD 2004 -02, Kylexa Development and CPD
2005 -02, Tuscany Development. Both of these developments were conditioned to modify
the configuration of Park Lane and Park Crest Lane intersection. The City by the approval
of CPD 2005 -03 ultimately decided not to connect Unidos Avenue to Park Lane and as a
prerequisite to such a configuration of Park Lane /Park Crest Lane, a vacation of the excess
right -of -way is necessary.
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PW!YKL06035/RP? /05i05 /(xi O 0 tl O � %
Street Vacation: Park Crest Lane
May 23, 2006
Page 2
DISCUSSION
A. It is the intent of the City to vacate said portion of Park Lane and Park Crest Lane as
the circulation element has been modified and Unidos Avenue will not be a through
street. Presently, Park Crest Lane, at the northeasterly comer of Park Lane and Park
Crest Lane has street right -of -way for the future connection of Unidos Avenue
through to Park Crest Lane. Since the circulation element has changed and Unidos
Avenue will no longer connect through to Park Crest Lane, the purpose of the street
right -of -way is not necessary and should return to a typical configuration as satisfied
by this vacation. The additional benefit to the City is liability for maintenance would
be removed. (Attachment 1)
B. Ownership of Underlying Interest
The subject street was dedicated as part of Parcel Map 5316, filed in Book 60 Pages
87 et. Seq. in the office of the County Recorder of Ventura County for the purpose for
public use as street right -of -way. If the vacation is executed, the said land will revert
to the current owners of the said land, Kylexa Enterprises LLC, a California limited
company.
C. Process
Local agencies may vacate surplus street right -of -way by adoption of a resolution
pursuant to the requirements of applicable provisions of the Streets and Highways
Code of the State of California. Those provisions require a public hearing be
conducted and due notification of said hearing to be given.
At the regularly scheduled City Council meeting on May 3, 2006, City staff presented
to the City Council, a Resolution of Intent to vacate the above described portion of
Park Crest Lane, and pursuant to that Resolution, a date of June 7, 2006, was set for
a public hearing to consider this proposed action.
As stated below, prior to the City Council taking any action to vacate a street, the
Planning Commission must first make a finding that said street vacation is in
conformance with the General Plan.
D. Open Space and Recreation
There are no open space or recreation lands located within the subject street
proposed by this vacation.
PW(YKL06035 rTf06106f06 0()t . c 0 c' -'
Street Vacation: Park Crest Lane
May 23, 2006
Page 3
E. Utilities
There are no underground utilities located within the subject street.
F. Report on Conformity
Section 65402 of the Government Code of the State of California states, in part, as
follows..
no real property shall be ... disposed of, no street shall be vacated or
abandoned ... if the adopted general plan or part thereof applies thereto, until the
location, purpose and extent of such ... vacation ... have been submitted to and
reported on by the planning agency as to conformity with said adopted general
plan or part thereof. The planning agency shall render its report as to conformity
with said adopted general plan or part thereof within forty (40) days after the matter
was first submitted to it, or such longer period of time as may be designate by the
legislative body."
It is necessary and appropriate for the Planning Commission to report to the City
Council on the conformity of the proposed street vacation with the Moorpark General
Plan.
G. Conformity
It is staff's determination that the vacation of the street right -of -way for that portion of
Park Crest Lane, is in conformance with the Moorpark General Plan
STAFF RECOMMENDATION
Adopt the attached Planning Commission Resolution (Attachment 2) finding the vacation
of the above described segment of Park Crest Lane to be in conformity with the Moorpark
General Plan.
Attachments:
1. Plat of Street Segment to be vacated.
2. Draft Resolution No. PC -2006-
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EXHIBIT "B"
PARK CREST LANE ROADWAY VACATION
LOS ANGELES AVE
EAST
102.00
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6.89 A T
SCALE 1" - 100'
0 50' 100'
GRAPHIC SCALE
VACATION OF ROADWAY
DEDICATION BY THE
CITY OF MOO PARK
(0-0-72 AG R E� ,o of
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PREPARED BY: CmL
FRED W. HAMMAR�•
P.O. BOX 162
SOMIS, CA 93066
(805)491 -0294
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PARCEL MAP 5316
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23.75'
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R.C.E..13765 EXP. 03 -31 -07 DATE
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PARK CREST LANE
CURVE DATA
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12'53'47"
266.00'
59.87'
30.06'
2
65'23'51"
37.00'
42.23'
23.75'
3
89'57'00`
1 35.00'
54.95'
34.97'
SHEET 1 OF 1 SHEETS
PC ATTACHMENT 1 00 "0(:-_
RESOLUTION NO. PC -2006 -
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA, FINDING THE
PROPOSED VACATION OF THE STREET RIGHT -OF -WAY
LOCATED AT THE NORTHEASTERLY CORNER OF PARK
LANE AND PARK CREST LANE, CONTAINING
APPROXIMATELY 0.072 ACRES (3,153.16 SQUARE FEET)
TO BE IN CONFORMANCE WITH THE MOORPARK
GENERAL PLAN
WHEREAS, consideration is being given to the possible vacation of the
northeasterly corner of that portion of Park Crest Lane; and
WHEREAS, Section 65402 of the Government Code of the State of California
requires that, prior to an agency taking any such action to vacate any street segment, an
assessment must be made by the Planning Commission of that agency as to the
conformity of the action with that agency's general plan.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The vacation of that segment of street right -of -way located at the
northeasterly corner of Park Lane and Park Crest Lane containing approximately 0.072
acre, as more particularly described as Exhibit 'A', and shown on Exhibit 'B', attached
hereto and made a part hereof, is hereby found to be in conformance with the Moorpark
General Plan.
SECTION 2. Said finding is made pursuant to the requirements of Section 65402
of the State of California.
PC ATTACHMENT 2
Resolution No. PC -2006 -
Page 2
SECTION 3. CERTIFICATION OF ADOPTION: The Community Development
Director shall certify to the adoption of this resolution and shall cause a certified resolution
to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED this 23rd day of May, 2006.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Attachment:
Exhibit 'A': Legal Description for Park Crest Lane Roadway Vacation
Exhibit 'B': Plat of Street Segment to be Vacated
S'.Co'!, (WV OWMISSION VACAT!ON Of PAR-( LAN = ir5:, I-:. n
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EXHIBIT "A"
Legal Description for
Park Crest Lane Roadway Vacation
All that portion of Park Crest Lane 'Offered for Dedication' as shown on Parcel Map 5316 in the
City of Moorpark. County of Ventura, State of California as recorded in Book W Pages 87 - 90 of
Parcel Maps in the Office of the County Recorder of said county, further described as follows:
Beginning at the Southeast comer of Parcel A of said Parcel Map, said point being on the
Northerly line of said Park Crest Lane; thence,
1st: West 163.04 feet to a point on a tangent curve concave Northeasterly and
having a radius of 35 feet; thence Westerly and Northerly along said
curve,
2nd: 54.95 feet through a central angle of 89 57' 00" to a point on the Southerly
prolongation of the Westerly line of said Parcel A said Westerly line being
the East Right of Way of Park Lane, having a width of 68 feet; thence tangent
to said curve and Northerly along said Southerly prolongation,
3rd: North 00 03' 00" West 25.88 feet to a point on a non - tangent curve concave
Northeasterly, a radial to said curve at said point bears South 78" IT 51" West,
having a radius of 37.00 feet; said curve being on the Northerly line of said Park
Crest Lane; thence along said Northerly line by the following three courses,
Southeasterly along said curve,
41h: 42.23 feet through a central angle of 65 23' 51 "; thence tangent to said curve,
O
5th: South 77 06' 00" East 113.59 feet to a point on a tangent curve concave
Northeasterly and having a radius of 266.00 feet; thence Southeasterly
along said curve,
6th: 59.87 feet through a central angle of 12 °53' 47, a radial at said point bears
South 00 00' 13" West to the True Point of Beginning
Containing 0.072 Acres
EXHIBIT "B"
PARK CREST LANE ROADWAY VACATION
_Q- — -
LOS ANGELES AVE
102.0
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SCALE I" — 100'
0 50' 100'
GRAPHIC SCALE
VACATION OF ROADWAY
DEDICATION BY THE
CITY OF MOORPARK
0.072 ACRM->
k laths
PREPARED BY: `�' �,�
FRED W. HAMMAR\ ' "`
P.O. BOX 162
SOMIS, CA 93066
(805 )491 -0294
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PARCEL MAP 5316
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25.66'
54.95'
34.97'
R.C.E. 13765 EXP. 03 -31 -07 DATE
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PARK CREST LANE f ro
CURVE DATA
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1
12'53'47"
266.00'
59.87'
30.06'
2
65'23'51 "
37.00'
42.23'
23.75'
3
89'57'00"
35.00'
54.95'
34.97'
SHEET 1 OF 1 SHEETS
001 -101
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
BY: Richard S. Denniston, Assistant Planner I �5_t
DATE: May 5, 2006 (PC Meeting of May 23, 2006)
SUBJECT: Consider Modification No.1 to Conditional Use Permit No. 1633 (County
of Ventura) to Continue Operation of an Existing Heliport Used to
Transport Personnel, Maintain and Repair Electrical Systems, and
Provide for Emergency Medical Evacuation at the Southern California
Edison (SCE) Substation located at 5027 Gabbert Road, on the
Application of Southern California Edison (SCE)
BACKGROUND
On September 4, 1962, the Ventura County Board of Zoning Adjustments approved
Conditional Use Permit No. 1633 to allow the construction of a Southern California Edison
(SCE) Substation located at 5027 Gabbert Road. On October 1, 1981, the Ventura County
Planning Commission approved a Modification to Conditional Use Permit No. 1633 to allow
for the construction of a private heliport at the existing substation. The heliport permit was
granted for a period of twenty (20) years, ending on August 6, 2001. Since the original
Modification to the Conditional Use Permit approval has expired, the Community
Development Department required SCE to submit a new Modification request for the
continued use of the heliport. This application was filed on March 14, 2006, and
determined complete on April 6, 2006.
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is located at SCE Substation No. 1, an approximately forty -acre (40) parcel
located on the northwest corner on Los Angeles Avenue and Gabbert Road. The site
contains several electrical transmission towers, equipment shelters, and an office building.
The existing heliport is a four - hundred (400) square -foot pad located in the northwest
corner of the parcel, approximately 1,074 feet (0.20 miles) west of Gabbert Road, 1,018
feet (0.19 miles) north of Los Angeles Avenue, and 1,110 feet (0.21 miles) north of the
single - family residential homes south of Los Angeles Avenue.
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UMor_pri_serv\City Share\Community Development \DEV PM FS\C U P \CUP 1633 (VC) \Mod 1 \Agenda Rpts \PC Agenda Report doc
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Honorable Planning Commission
May 23, 2006
Page 3
The zoning designations of the adjacent parcels include Commercial Planned Development
(CPD), Agricultural Exclusive (AE), Limited Industrial (M -2), and Single- family (R -1) land
uses. In addition, the Union Pacific Railroad line is located north of the subject site and an
Industrial Planned Development is located east of Gabbert Road. Although a heliport is
not permitted in the above - referenced zones, limited helicopter traffic will not adversely
alter, impair, or endanger adjacent properties owners' ability to utilize their properties to
their utmost potential. The applicant has stated in the application that the heliport will be a
secondary use, utilized an average of eight (8) times a month, therefore an insignificant
amount of noise and dust will be generated. Noise pollution is addressed further in the
analysis section.
Traffic and Parking:
The applicant has stated in the application that the heliport will only be used approximately
eight (8) times a month and will only be utilized by SCE personnel that currently work on
site. Therefore, the heliport will produce an insignificant amount of traffic as proposed.
There is sufficient area on site to accommodate additional parking that may be required
when the helicopter is in use.
ANALYSIS
Issues
Staff analysis of the proposed project has identified noise as an issue area for Planning
Commission consideration in their decision.
Noise
The approved State of California Heliport Permit authorizes helicopters to depart the
heliport to the southwest toward Los Angeles Avenue (Attachment 4). Although helicopters
are restricted from flying lower than 1,000 feet over residential properties, the approved
departure route is in relatively close proximity to single - family residential homes south of
Los Angeles Avenue. Therefore, to minimize dust and noise created by approaching and
departing helicopters, staff has added a condition of approval restricting helicopter flights,
hours, and use to transportation of SCE personnel, maintenance and repair of electrical
systems, and emergency medical evacuation only.
Findings
Conditional Use Permit Findings:
A. The proposed use is consistent with the intent and provisions of the City's General
Plan, and Title 17 of the Municipal Code in that the proposed use, height, setbacks,
and improvements are consistent with City Code requirements.
B. The proposed use is compatible with the character of the surrounding development
in that the site is currently used by Southern California Edison as a Substation for
Honorable Planning Commission
May 23, 2006
Page 4
high power electrical transmission lines; and the use of heliport will allow for rapid
access and repair of transmission lines and towers.
C. The proposed use is compatible with the scale, visual character and design of the
surrounding properties, in that it is designed so as not to detract from the physical
and visual quality of the area. The helipad is unlighted, six - inches (6 ") in height, and
setback approximately 1,000 feet from the Los Angeles Avenue and Gabbert road.
D. The proposed use will not be obnoxious or harmful or impair the utility of the
neighboring properties or uses, in that the proposed use is conditioned to minimize
noise and dust pollution.
E. The proposed use will not be detrimental to the public interest, health, safety,
convenience, or welfare, in that the project complies with State of California Public
Utilities Code Section 21662, Department of Transportation, Division of Aeronautics,
and has been conditioned to protect the public's health and safety.
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 %tudy
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation cannot be readily identified, an
Environmental Impact Report (EIR) is prepared.
Pursuant to California State law, an evaluation has been conducted to determine whether
the proposed project could significantly affect the environment. It has been found that the
project is exempt from the requirements of California Environmental Quality Act (CEQA)
under Section 15301 of the CEQA Guidelines as a Class 1 exemption for Existing
Facilities.
0o(-.01. -'
Honorable Planning Commission
May 23, 2006
Page 5
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 Deemed Complete: April 6, 2006
Planning Commission Action Deadline: July 3, 2006
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2006- approving Modification No. 1 to Conditional Use
Permit No. 1633 (County of Ventura), subject to conditions.
ATTACHMENTS:
1. Site Plan
2. Aerial Photograph
3. Photographs of Site
4. Flight Path Exhibit
5. Draft Resolution No. PC -2006- with Conditions of Approval
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RESOLUTION NO. PC -2006-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 1633
TO CONTINUE OPERATION OF AN EXISTING HELIPORT AT
THE SOUTHERN CALIFORNIA EDISON SUBSTATION AT 5027
GABBERT ROAD, ON THE APPLICATION ON SOUTHERN
CALIFORNIA EDISON
WHEREAS, at a duly noticed public hearing on May 23, 2006, the Planning
Commission considered Modification No. 1 to Conditional Use Permit No. 1633, on the
application of Southern California Edison, requesting approval to continue operation of
an existing heliport at 5027 Gabbert Road to transport personnel, maintain and repair
electrical systems, and provide for emergency medical evacuation; and
WHEREAS, at its regular meeting of May 23, 2006, 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
California Environment Quality Act (CEQA) under Section 15301 of the CEQA
Guidelines as a Class 1 exemption for Existing Facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth above, it is determined that this application with the attached
special and standard conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.44.040 in that:
A. The proposed use is consistent with the intent and provisions of the City's
General Plan, and Title 17 of the Municipal Code in that the proposed use,
height, setbacks, and improvements are consistent with City Code requirements.
B. The proposed use is compatible with the character of the surrounding
development in that the site is currently used by Southern California Edison as a
Substation for high power electrical transmission lines; and the use of heliport will
allow for rapid access and repair of transmission lines and towers.
C. The proposed use is compatible with the scale, visual character and design of
the surrounding properties, in that it is designed so as not to detract from the
physical and visual quality of the area. The helipad is unlighted, six - inches (6 ") in
\ \Mor_pri_serv\City Share\Community Development \DEV PMTS\C U P \CUP 1633 (VC) \Mod. 1 \Reso \PC Reso.doc
PC ATTACHMENT 5 004 -,02111
Resolution No. PC -2006-
Page 2
height, and setback approximately 1,000 feet from the Los Angeles Avenue and
Gabbert road.
D. The proposed use will not be obnoxious or harmful or impair the utility of the
neighboring properties or uses, in that the proposed use is conditioned to
minimize noise and dust pollution.
E. The proposed use will not be detrimental to the public interest, health, safety,
convenience, or welfare, in that the project complies with State of California
Public Utilities Code Section 21662, Department of Transportation, Division of
Aeronautics, and has been conditioned to protect the public's health and safety.
SECTION 2. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Modification No. 1 to Ventura County Conditional Use
Permit No. 1633 subject to the Special and Standard Conditions of Approval found in
Exhibit A attached.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 23rd day of May, 2006.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A: Special and Standard Conditions of Approval
00,4-, �w
Resolution No. PC -2006-
Page 3
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT (CUP) NO. 1633
SPECIAL CONDITIONS
1. This Modification allows the use of the heliport for up to ninety -six (96) landings
per calendar year, with take -offs or landings allowed only between 7:00 AM and
7:00 PM, and only for transporting Southern California Edison personnel and /or
equipment involved in the, maintenance or repair of transmission lines and
towers and for public safety emergencies. Southern California Edison shall
provide monthly reports to the City on the use of the heliport. Any proposed
increase in use will require the consideration of a new permit or permit
modification.
2. All Conditions of Approval for Conditional Use Permit No. 1633 as previously
amended are incorporated by reference and shall continue to apply unless
specifically modified by this permit.
STANDARD CONDITIONS
1. Acceptance of Conditions: The applicant's acceptance of this permit and /or
commencement of construction and /or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted City policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
3. Conditions of this entitlement shall not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
4. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, office, s, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37.
The City will promptly notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should fail to cooperate fully in
the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
004 "Oe;:✓
Resolution No. PC -2006-
Page 4
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
5. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
6. Applicant shall conform to all National Pollutant Discharge Elimination System
(NPDES) requirements during and after completion of the project.
FEES
7. Entitlement Processing: Prior to the acceptance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading permit, the
applicant shall submit to the Community Development Director. all outstanding
entitlement case processing fees including all applicable city legal service fees.
This payment shall be made within sixty (60) calendar days of approval of this
permit.
-End-
ITEM: 8.13.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Develo ment Directo
BY: Joseph Fiss, Principal Planner
Richard S. Denniston, Assistant nner I�
DATE: May 28, 2006 (PC Meeting of 5123106)
SUBJECT: Consider Conditional Use Permit No. 2006 -01, a Request to Install Six
(6) Panel Antennas Mounted to Six (6) 17.5 -foot Stub Mount Poles, Four
(4) Communication Equipment Cabinets, One (1) GPS Antenna, One (1)
Telecommunications and Electrical Cabinet, and One (1)
Communications Transformer, on the Application of Royal Street, LLC
BACKGROUND
On March 9, 2006, Royal Street, LLC, submitted a Conditional Use Permit (CUP)
application for the construction and operation of a wireless telecommunications facility
located at the Ventura County Water Works College Reservoir No. 2. The project
application was determined to be complete on April 24, 2006.
DISCUSSION
Project Setting
Existina Site Conditions:
The project site is located at the Ventura County Water Works College Reservoir atop a
foothill at an elevation approximately 305 feet above Arroyo Drive, fully surrounded by
property owned by Waste Management of California. The site includes two (2) large water
tanks approximately twenty -six feet (26') in height from adjacent grade, a fifty -four foot (54')
"monopine ", two (2) approximately sixty foot (60') high "monopoles," and several panel
antennas stub - mounted on ten foot (10') to sixteen foot (16') poles.
Moorpark College is located to the northwest, approximately 1,200 feet (0.22 miles) away,
and the single - family residential homes adjacent to College View Park are located to the
west approximately 1,500 feet (0.28 miles) away. The site is located approximately 900
feet (0. 17 miles) north of State Route 118.
00002'.
\\Mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2006 \01 Royal St. Communications LLC\Agenda Rpts \PC
Agenda Report.doc
Honorable Planning Commission
May 23, 2006
Page 2
GENERAL PLAN /ZONING
Direction I' General Plan Zonin Land Use
OS -2 (Open Water Tanks and
Site I OS (Open Space) Telecommunications
Space)
II Facilities
North OS -2 (Open OS (Open Space) Grazing Land
Space)
South 1 OS -2 (Open OS (Open Space) Grazing Land and State
Space) Route 118
East II OS-2 (Open OS (Open Space) Grazing Land
OS (Open Space) I;
OS -2 (Open
Space) RE-lac
(Rural Exclusive 1 -acre) II Grazing Land, Moorpark
West M (Medium College, and Single- family
Density) f RPD -15u i Residential
(Residential Planned
S (Schools) Development — 15 units
i er acre
General Plan and Zoning Consistency-
Chapters 17.20 and 17.42 of the Municipal Code require a Conditional Use Permit for
wireless cellular facilities. The applicant's proposal for a utility- mounted facility is defined
as a "Minor Facility" and is allowed in the OS (Open Space) Zoning Classification. This
type of facility is required to be compatible with surrounding land uses, must be an
attachment to an existing above - ground structure and must comply with all other provisions
of Sections 17.42.070.6, 17.42.070.C, and 17.42.070.D of the Municipal Code.
Proposed Project
Antennas-
This proposed wireless communication facility consists of six (6) panel antennas mounted
upon six (6) 17.5 -foot stub mount poles. The proposed facility will transmit signals between
the panel antennas and the wireless telephones within the coverage area. It will provide
cellular coverage in the residential communities in the northern part of the City and
Moorpark College. The proposed panel antennas measure five feet (5) in height,
approximately five inches (5") in width, and will have an antenna tip height of 17.5 feet
above the adjacent grade. Pursuant to City Code requirements, a Minor Facility shall not
exceed the maximum building height for the applicable zoning district unless such facility
receives approval of the Planning Commission, and the applicant demonstrates that
exceeding the height limitation is necessary for operation of the facility. In this case,
0000� ",
Honorable Planning Commission
May 23, 2006
Page 3
exceeding the proposed height limitation is not necessary, since sufficient coverage can be
met at the proposed 17.5 foot antenna height.
Equipment Enclosure:
Royal Street, LLC, also proposes to lease a 12 foot (12') wide by eighteen foot (18') long,
partially below -grade equipment pad located fifty -five feet (55') west of the southern -most
water tank. All equipment necessary to operate the facility will be located within in the pad
including four (4) communication equipment cabinets, one (1) GPS antenna, one (1)
telecommunications and electrical cabinet, and one (1) communications transformer. The
northwest portion of the pad will be approximately four feet eight inches (4' -8 ") below
grade. The southeast portion will be at existing grade. The applicant is also proposing a
six foot (6') high chain -link perimeter fence. Fencing is described below in the analysis
section.
Compatibility with the Surrounding Area:
No materials used in construction of the site would create substantial glare that would
affect either daytime or nighttime views in the area. The proposed use is located in an
area that is not likely to impact any of the adjacent uses, due to its small size. Additionally,
staff has added a Condition of Approval that the color of the equipment shall be painted a
non - reflective color. Aesthetics are addressed further in the analysis section.
The proposed cellular facility is considered a passive use, which would not produce noise,
not violate any air quality standards, affect biological resources, or cause an adverse effect
on cultural resources. It will require no transport of hazardous materials to or from the site.
Although the proposed use is designed to primarily serve the existing residential and
Moorpark College, it would not induce substantial population growth, nor displace existing
housing or have a negative impact on public services. Therefore, the proposed cellular
antenna facility operation will not disturb the surrounding area or be harmful or detrimental
to neighboring properties or uses.
Traffic and Parkin
The proposed unmanned communication facility generates a minimal amount of traffic
(only that necessary to periodically monitor and maintain the facility). The applicant's
submittal information indicates a Cell Site Technician will visit the facility an average of one
(1) time per month. The applicant is proposing to utilize the existing Ventura County Water
Works access road that is accessible from Arroyo Drive. A condition of approval has been
added that the applicant shall obtain a permanent access agreement or contract from the
Ventura County Water Works to ensure accessibility to the site for maintenance. Such
agreement or contract shall be provided to the City of Moorpark prior to issuance of a
Zoning Clearance for construction.
Honorable Planning Commission
May 23, 2006
Page 4
ANALYSIS
Issues
Staff analysis of the proposed project has identified aesthetics as an issue area for
Planning Commission consideration in their decision.
Aesthetics:
Currently, the site houses two (2) water tanks, three (3), sixty foot (60) telecommunication
poles, and numerous stub- mounted antennas. The proposed six (6) stub - mounted
antennas are consistent with the height and design of the existing stub - mounted antennas,
therefore, will not significantly alter the existing aesthetics of the site. The proposed below -
grade equipment pad and telecommunications equipment will be screened by an existing
four foot eight inch (4' -8 ") earthen -berm located on the east side of the proposed pad.
The applicant has proposed a six foot (6') chain -link perimeter fence around the pad. Staff
has added a Condition of Approval that the chain link fence be coated with a dark -green
vinyl coating to blend in with the natural environment and to provide protection from rust
and corrosion.
Findings
Conditional Use Permit Findings:
A. The proposed use is consistent with the intent and provisions of the City's Ge,ieral
Plan, and Title 17 of the Municipal Code in that the proposed use, height, setbacks,
and improvements are consistent with City Code requirements.
B. The proposed use is compatible with the character of the surrounding development
in that the site is currently used by Ventura County Water Works and previously
approved telecommunication facilities and the use of the water tanks has been
designated by the City as an appropriate location for the coloration of cellular sites.
C. The proposed use is compatible with the scale, visual character and design of the
surrounding properties, in that it is designed so as not to detract from the physical
and visual quality of the area. The color of the antennas is conditioned to be
painted a non - reflective color as not to omit obnoxious glare.
D. The proposed use will not be obnoxious or harmful or impair the utility of the
neighboring properties or uses, in that the proposed use is partially located behind
an existing earthen -berm, therefore, minimize intrusive visual impact.
E. The proposed use will not be detrimental to the public interest, health, safety,
convenience, or welfare, in that the project has been conditioned to protect the
public's health and safety.
Honorable Planning Commission
May 23, 2006
Page 5
Wireless Facilities Findings:
A. The proposed facility will not create any significant blockage to public views, in that
the cellular facility will be placed adjacent to the existing water tanks and previously
approved telecommunication facilities.
B. The proposed facility will enhance communication services to the City in that it will
provide increased communication capabilities in the northern part of the City.
C. The proposed facility will be aesthetically integrated into its surrounding land uses
and natural environment, in that it is conditioned to be painted a non - reflective color
and is partially located behind an existing earthen -berm.
D. The proposed facility will comply with FCC regulations regarding interference with
the reception or transmission of other wireless service signals within the City and
surrounding community.
E. The proposed facility will operate in compliance with all other applicable Federal
regulations for such facilities, including safety regulations, as Royal Street, LLC,
operates its wireless network in compliance with its FCC license and FCC rules and
regulations concerning frequency emissions and /or radio frequency interference.
The transmission densities emanating from the facility will not exceed current
American National Standards Institute (ANSI) recommended maximum exposure
levels for wireless transmission frequencies which do not have the potential to
significantly impact the community. In all cases, Effective Radiated Power (ERP),
and its associated electromagnetic (EM) radiation power densities are a small
fraction of the maximum permissible exposure set by ANSI, or the more restrictive
exposure standard put forth by the National Commission on Radiation Protection
and Measurement (NCRP).
F. The public need for the use of the facility has been documented by the applicant
and verified by City staff to be consistent with California law in that the proposed cell
site will provide a substantial increase in the coverage area (an increase from weak
coverage to good coverage in the target area).
G. The applicant will provide at its own expense a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic frequency
emissions. This radio - frequency (RF) report shall also include signal strength
exhibits, including calculations and measurements under maximum loading
conditions. Such field survey shall be provided to the City upon request, not to
exceed one such request in any 24 -month period.
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
Honorable Planning Commission
May 23, 2006
Page 6
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation cannot be readily identified, an
Environmental Impact Report (EIR) is prepared.
Pursuant to California State law, an evaluation has been conducted to determine whether
the proposed project could significantly affect the environment. It has been found that the
project is Categorically Exempt under Section 15303, Class 3, New Construction or
Conversion of Small Structures.
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 Deemed Complete: April 24, 2006
Planning Commission Action Deadline: July 3, 2006
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC- 2006 -_ approving Conditional Use Permit No. 2005 -01,
subject to conditions.
001,0%'32
Honorable Planning Commission
May 23, 2006
Page 7
ATTACHMENTS:
1. Aerial Photograph
2. Location Map
3. Photographs of Site
4. Site Plan
5. Elevations
6. Draft Resolution No. PC -2006- with Conditions of Approval
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RESOLUTION NO. PC -2006-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2006 -01 FOR THE
CONSTRUCTION AND OPERATION OF A WIRELESS
TELECOMMUNICATIONS FACILITY LOCATED AT THE
VENTURA COUNTY WATER WORKS COLLEGE RESERVOIR
NO. 2
WHEREAS, at a duly noticed public hearing, at a meeting on May 23, 2006, the
Planning Commission considered Conditional Use Permit No. 2006 -01, on the
application of Royal Street, LLC, requesting approval of a wireless telecommunication
facility located at the Ventura County Water Works College Reservoir No. 2; and
WHEREAS, at its special meeting of May 23, 2006, 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 or
Conversion of Small Structures.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth above, it is determined that this application with the attached
special and standard conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.44.040 in that:
A. The proposed use is consistent with the intent and provisions of the City's
General Plan, and Title 17 of the Municipal Code in that the proposed use,
height, setbacks, and improvements are consistent with City Code requirements.
B. The proposed use is compatible with the character of the surrounding
development in that the site is currently used by Ventura County Water Works
and previously approved telecommunication facilities and the use of the water
tanks has been designated by the City as an appropriate location for the
colocation of cellular sites.
C. The proposed use is compatible with the scale, visual character and design of
the surrounding properties, in that it is designed so as not to detract from the
physical and visual quality of the area. The color of the antennas is conditioned
to be painted a non - reflective color as not to omit obnoxious glare.
\ \Mor_pri_sery \City Share \Community Development\DEV PMTS\C U P\2006\01 Royal St. Communications LLC \Reso \PC Reso.doc
PC ATTACHMENT 6 0 0 () Of
Resolution No. PC -2006-
Page 2
D. The proposed use will not be obnoxious or harmful or impair the utility of the
neighboring properties or uses, in that the proposed use is partially located
behind an existing earthen -berm, therefore, minimize intrusive visual impact.
E. The proposed use will not be detrimental to the public interest, health, safety,
convenience, or welfare, in that the project has been conditioned to protect the
public's health and safety.
SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the
information set forth above, it is determined that this application with the atta.,hed
special and standard conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.42.060 in that:
A. The proposed facility will not create any significant blockage to public views, in
that the cellular facility will be placed adjacent to the existing water tanks and
previously approved telecommunication facilities.
B. The proposed facility will enhance communication services to the City in that it
will provide increased communication capabilities in the northern part of the City.
C. The proposed facility will be aesthetically integrated into its surrounding land
uses and natural environment, in that it is conditioned to be painted a non -
reflective color and is partially located behind an existing earthen -berm.
D. The proposed facility will comply with FCC regulations regarding interference
with the reception or transmission of other wireless service signals within the City
and surrounding community.
E. The proposed facility will operate in compliance with all other applicable Federal
regulations for such facilities, including safety regulations, as Royal Street, LLC,
operates its wireless network in compliance with its FCC license and FCC rules
and regulations concerning frequency emissions and /or radio frequency
interference. The transmission densities emanating from the facility will not
exceed current American National Standards Institute (ANSI) recommended
maximum exposure levels for wireless transmission frequencies which do not
have the potential to significantly impact the community. In all cases, Effective
Radiated Power (ERP), and its associated electromagnetic (EM) radiation power
densities are a small fraction of the maximum permissible exposure set by ANSI,
or the more restrictive exposure standard put forth by the National Commission
on Radiation Protection and Measurement (NCRP).
F. The public need for the use of the facility has been documented by the applicant
and verified by City staff to be consistent with California law in that the proposed
cell site will provide a substantial increase in the coverage area (an increase from
weak coverage to good coverage in the target area).
G. The applicant will provide at its own expense a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
00"01111A11
Resolution No. PC -2006-
Page 3
frequency emissions. This radio - frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one such request in any 24 -month period.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2006 -01 subject to the Special
and Standard Conditions of Approval found in Exhibit A attached.
SECTION 4. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 23rd day of May, 2006.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A: Special and Standard Conditions of Approval
Resolution No. PC -2006-
Page 4
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2006 -01
SPECIAL CONDITIONS
1. The applicant shall allow the City to co- locate a radio antenna on the structure
and place associated equipment and electronics within or on the equipment
enclosure, at no cost, so long as this is done for City purposes at the expen '3e of
the City, there is no interference with the operation of the primary equipment, and
that security and access are feasible.
2. Prior to approval of a Zoning Clearance, the antenna shall be designed to ensure
that the visual appearance matches the surrounding uses by including design
and /or landscaping elements, as determined by the Community Development
Director. The Director may require additional screening after the installation of
the antenna, if it is deemed necessary.
3. In the event that a future merger, acquisition, or other action renders this antenna
array redundant or unnecessary, the applicant shall remove the facility within
ninety (90) days of a determination of redundancy or non - necessity. Propagation
maps identifying then - current signal coverage and coverage without this facility
shall be provided to the City at the request of the Community Development
Director. Such request may occur not more than once in a twelve (12) month
period.
4. Prior to the finalization of building permits, the applicant shall paint all panel
antennas and any other exposed Royal Street, LLC, cellular equipment a non -
reflective color of which the color shall be approved by the Community
Development Director prior to its application.
5. The chain link fence shall be coated with a dark -green vinyl coating to blend in
with the natural environment and to protect from rust and corrosion.
6. Prior to issuance of a Zoning Clearance for construction, the applicant shall
obtain a permanent access agreement or contract from the Ventura County
Water Works to ensure accessibility to the site for maintenance. Proof of such
agreement or contract shall be provided to the Community Development Director.
OED ()Ox�_c
Resolution No. PC -2006-
Page 5
STANDARD CONDITIONS
1. Acceptance of Conditions: The applicant's acceptance of this permit a,ld /or
commencement of construction and /or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
2. This permit shall expire one (1) year from the date of its approval, unless a
building permit has been obtained and construction inaugurated. The Community
Development Director may, at his /her discretion, grant up to two (2) additional 1-
year extensions, if there have been no changes in the adjacent areas and if the
applicant can document that he /she has diligently worked towards obtaining
building permits or inaugurating construction. The request for extension of this
permit shall be made in writing, at least thirty (30) days prior to the expiration
date of the permit.
3. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted City policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
4. Conditions of this entitlement shall not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
5. If any architectural or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall cease in the immediate area and the
find shall be left untouched. The applicant shall assure the preservation of the
site and immediately contact the Community Development Director, informing the
Director of the find. The applicant shall be required to obtain the services of a
qualified paleontologist or archeologist, whichever is appropriate to recommend
disposition of the site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The applicant shall pay for all
costs associated with the investigation and disposition of the find.
6. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37.
The City will promptly notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should fail to cooperate fully in
the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
00 ()0r
Resolution No. PC -2006-
Page 6
The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
7. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
8. Applicant shall conform to all National Pollutant Discharge Elimination System
(NPDES) requirements during and after completion of the project.
9. No excavations shall be commenced unless the work can be completed before
any rain falls. Which means the materials, equipment and manpower shall be
procured and ready to commence the work before the excavation begins. In the
event the work is interrupted with rainfall, all excavated areas shall be completely
covered with visqueen and secured with gravel bags so that no mud is generated
from the work area and allowed to leave the work area.
10. All work shall cease when there is a forth percent (40 %) chance of rain or when
rainfall is imminent, whichever is more stringent and the site secured, as noted.
11. No work shall commence after a rainstorm until the ground has dried sufficiently
so that no materials are transported off the site by workers or work equipment.
12. No work equipment, vehicles or materials shall be stockpiled or left in the public
right -of -way.
13. Any work within the public right -of -way requires an encroachment permit.
14. No work shall be performed before 7:00 A.M. and after 7:00 P.M., Monday
through Friday, and by permission work can be done between 8:00 A.M. and
5:00 P.M. on Saturday. No work shall be done on Sunday.
15. Deliveries of oversized loads require a city permit.
FEES
16. Entitlement Processing: Prior to the acceptance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading permit, the
applicant shall submit to the Community Development Director, all outstanding
entitlement case processing fees including all applicable city legal service fees.
This payment shall be made within sixty (60) calendar days of approval of this
permit.
17. Capital Improvements, Facilities, and Processing: Prior to the issuance of a
Zoning Clearance for grading the applicant shall submit to the Community
Development Director the capital improvement, development, and processing
OO��0 1
Resolution No. PC -2006-
Page 7
fees at the current rate in effect. Said fees include but are not limited to Library
Facilities, Police Facilities, Fire Facilities, entitlement processing, building and
public improvement, plan checks and permits. Unless specifically exempted by
City Council, the applicant is subject to all fees imposed by the City as of the
issuance of the first permit for construction and such future fees imposed, as
determined by the City in its sole discretion, so long as said fee is imposed on
similarly situated properties.
18. Electronic Conversion: Prior to or concurrently with the approval of the Final
Map, the applicant shall submit to the City Engineer and the Building Official the
City's electronic image conversion fee for the Final Map /improvement plans and
building permit/plans or other plans, as determined by the Community
Development Department.
19. Condition Compliance: Prior to the issuance of any Zoning Clearance for
construction, the applicant shall submit to the Community Development
Department the Condition Compliance review fee.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
OPERATIONAL CHARACTERISTICS
20. Prior to the issuance of a Zoning Clearance for construction, the applicant shall
submit all construction plans for review and approval by the Planning Division.
21. This facility is approved as an unmanned operation. Following construction of
the facility, traffic generated by this use shall be limited to periodic and
emergency maintenance of the facility.
LANDSCAPING
22. Prior to operation of the use, the applicant shall replace at the applicant's
expense, any vegetation or landscaping removed or damaged as a result of the
installation or operation of this facility. The replacement shall be to the
satisfaction of the Community Development Director.
23. Prior to the issuance of a Zoning Clearance for construction, a Landscape Plan
shall be submitted to the Planning Division for review and approval by the
Community Development Director. The applicant shall pay any cost of
landscape plan review at the time of submittal. Landscaping shall be provided to
screen any equipment associated with this communications facility.
24. In the event that the uses for which this Conditional Use Permit are approved, is
determined to be abandoned, the City of Moorpark may, at its discretion, initiate
revocation procedures for cause per the provisions of Section 17.44.080. For
purposes of this condition, "abandoned" shall mean a cessation of a business or
businesses which would render the use unavailable to the public for a period of
0 0 "()1.
Resolution No. PC -2006-
Page 8
180 or more consecutive days. Initiation of revocation procedures may result in
the revocation of the permit or modification of the permit, based upon the
evidence presented at the hearing. A surety, in an amount subject to the review
and approval of the Community Development Director, shall be provided to the
City prior to the approval of a Zoning Clearance for construction, to guarantee
removal of equipment and structures, if the City determines the facility to be
abandoned and /or a public nuisance.
25. Removal or relocation of any and all of the facilities shall be at the facility owner's
expense, and at no cost to the City. Should the facility be removed or relocated
by the City, the facility owner hereby waives any claims, damage, or loss
(including, but not limited to, consequential damages) resulting from the city's
removal or relocation of the facility.
26. The applicant will provide, at its expense, a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one (1) such request in any 24 -month period.
27. The facility shall be removed at the owner's expense when a City- approved
project requires relocation or under grounding of the utility structure on which the
facility is mounted. If the facility owner refuses to remove the facility, the owner
shall reimburse the City for city costs and expenses to remove the facility. The
applicant waives any claims, damage, or loss (including, but not limited to,
consequential damages) resulting from the City's removal or relocation of the
facility.
Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
28. Prior to the issuance of a grading permit or building permit, whichever occurs
first, proof of the right to ingress and egress shall be obtained from adjacent
property owner and provided to the City Engineer. Prior to any grading or
drainage activity a Grading and /or Drainage Plan shall be prepared and
submitted to the City Engineer for review and approval. No grading or drainage
work shall occur without a grading permit and /or the permission of the City
Engineer.
29. In the event that existing drainage patterns are affected by this project, the
applicant shall adhere to all Federal Emergency Management Agency (FEMA)
regulations and requirements. Prior to the issuance of a grading permit, all
necessary calculations shall be submitted to the City and any governing Federal
agency for review and approval.
-End-
0100 f
ITEM: 8.C.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
Prepared by Joseph Fiss, Principal Planner Q/
DATE: May 3, 2006 (PC Meeting of 5/23/06)
SUBJECT: Consider Commercial Planned Development No. 2005 -01 to Allow
Construction of an Approximately 25,500 Square Foot Office Building
on a 1.6 Acre Parcel Located on the South Side of Los Angeles Avenue,
West of Leta Yancy Road, on the Application of Abdy Khorramian,
Architect
BACKGROUND
On February 17, 2005, an application for Commercial Planned Development Permit No.
2005 -01 was submitted for construction of an office building on a 1.6 acre parcel located
on the south side of Los Angeles Avenue, west of Leta Yancy Road. The applicant is
proposing 25,522 square feet of floor area in two stories, with surface parking.
DISCUSSION
Project Setting
Existing Site Conditions:
The existing site is a relatively flat, unimproved parcel. The immediate southeast corner of
Los Angeles Avenue and Leta Yancy Road is developed with an existing gas station and
car wash. Vegetation on the site consists of brush and weeds.
Previous Applications:
An application for Commercial Planned Development Permit No. 2000 -02 for a 2,868
square foot Jack -in- the -Box Restaurant with drive - through service and a 17,196 square
foot two -story retail /office building was submitted for this site, but subsequently withdrawn
by the applicant, prior to final City Council action.
\\Mor_pri_sery \City Share \Community Development \DEV PMTS \C P D\2005\01 Moorpark Office BuildingWgenda Rpts \PC
Report 052306.doc
Honorable Planning Commission
May 23, 2006
Page 2
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Site
C -2
CPD
Unimproved
North
C -2
CPD
Shopping Center and
Unimproved Lot
Unimproved /Approved
for Residential
South
V -H
RPD
Development
East
C -2
CPD
Gas Station /Car Wash
Unimproved /Approved
for Residential
West
V -H
RPD
Develo ment
General Plan and Zoning Consistency:
The Zoning Ordinance requires City Council approval of the Commercial Planned
Development Permit for this project. The applicant's proposal is allowed in the CPD
(Commercial Planned Development) Zoning Classification and the C -2 (General
Commercial) General Plan Designation.
Proposed Project
Architecture:
The architecture of the building is contemporary, with classic materials and finishes, such
as limestone and brick veneered walls and columns, with quoins and decorative molding,
and a tile- roofed tower element. This is appropriate for a stand -alone office building.
Architecture and design is discussed further in the analysis section.
Setbacks:
The building is set back thirty feet from (30') from Los Angeles Avenue, the minimum
required. Interior setbacks in the CPD zoned are determined on a project -by- project basis.
Setbacks are discussed further in the analysis section
Circulation:
The one proposed driveway to and from Los Angeles Avenue will be restricted to right -in
and right -out movements only. Circulation issues are further discussed in the Analysis
Section below.
Parking:
Honorable Planning Commission
May 23, 2006
Page 3
Proposed Use
Building Area
Spaces
Spaces
(sq.ft.) /(Parking
Required
Proposed
Ratio)
Office
25,522
85
87
Parking is provided at the code required parking ratio of one space per three - hundred
square feet of gross floor area (1:300). This ratio is appropriate for an office building such
as this, regardless of the number of individual tenants. The parking space and aisle widths
meet the minimums required by the code.
Landscaping /Lighting:
The City has adopted landscape guidelines for commercial developments. The applicant
has proposed a landscape theme generally consistent with the guidelines and with the
proposed Contemporary architecture. The landscape plan is subject to review by the City's
landscape consultant, who will determine if the number and placement of all plant materials
and irrigation is appropriate.
The applicant has provided a conceptual lighting plan. Lighting must be an integral part of
the architectural design. Lighting must not be obscured by landscaping and must be
consistent with the architecture of the buildings. The lighting plan is subject to review by the
City's lighting consultant who will determine if the lighting is consistent with the City's
requirements. An additional condition of approval has been added, requiring that lighting
fixtures are architecturally compatible with the buildings and landscaping.
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
treated on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions.
Air Quality:
All commercial /industrial projects are required to off -set air pollutants consistent with the
2003 Ventura County Air Quality Assessment Guidelines. Contribution to the Moorpark
Traffic System Management Fund has been identified as a method to meet this
requirement.
ANALYSIS
Issues
00C,4� ..
Honorable Planning Commission
May 23, 2006
Page 4
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration in their recommendation to the City Council:
• Architecture
• Setbacks
• Circulation
Architecture:
The original building was designed with conventional colors and materials, including stucco
walls and stack -stone veneered cladding. Initially, the applicant proposed stack -stone
veneer cladding, however, during the review process, staff worked with the applicant on
alternative exterior materials of brick and limestone, with quoins. Staff and the applicant,
agree that the finishes currently proposed are superior because of their timelessness.
Consideration in the design has been given for location of business signs, although a sign
program will be required as a condition of approval. Accessory structures (trash
enclosures) have been designed to match the center architecturally, and include painted
roll up doors to fully screen the trash bins.
Conditions of approval have been added that prohibit any visible roof ladders, equipment,
vents, exterior drains and scuppers and require screening and landscaping of all ground
mounted utility boxes. All gas, electric, and water meters must also be screened to the
degree allowable by the utility companies, and subject to the review and approval of the
Community Development Director.
A landscaped shade structure is proposed in the parking lot to provide a rest area for
employees and customers, as well as to break up the monotony of the parking lot.
Benches will be provided within this area. A condition of approval has been added to
require the final design of the structure to be subject to the review and approval of the
Community Development Director.
Setbacks:
By siting the building at the front setback, parking is de- emphasized and the architecture of
the building and the streetscape is strengthened. The building is proposed to be located
approximately thirteen feet (13') from the east property line in order to allow a sufficiently
wide entry/exit driveway on the west side of the building, as far from the intersection of Los
Angeles Avenue and Leta Yancy Drive as possible.
The thirty foot (30') front setback is the minimum required for properties fronting on Los
Angeles Avenue. This distance allows the building to present a strong front elevation,
screen parking behind the building, while still providing good visibility to the adjacent
service station /car wash on the east.
00"W_'; ,
Honorable Planning Commission
May 23, 2006
Page 5
Circulation:
Access from Los Angeles Avenue will be restricted to right -in /right -out movements. This is
acceptable for the proposed office use, which would generate considerably less traffic than
retail or restaurant uses. The internal circulation has been designed to provide maximum
access to parking spaces, circulation through the parking lot, and clearly marked pedestrian
access through the parking lot. A condition of approval has been added that would require
the applicant to provide a reciprocal access agreement with the property to the east, should
it be determined by the City Engineer that an additional exit is required. This property, the
Mobil Service station, is currently under the same ownership as the subject site.
Findings
Commercial Planned Development Permit Findings:
The following draft findings are provided for Planning Commission consideration:
A. The site design, including structure location, size, height, setbacks, massing, scale,
architectural style and colors, and landscaping, is consistent with the provisions of
the general plan, any applicable specific plans, zoning ordinance, and other
applicable regulations in that the proposed project meets or exceeds the Ordinance
requirements for setbacks, parking, landscaping, and height, and meets or exceeds
the existing General Plan and zoning designation requirements for the property.
B. The site design would not create negative impacts on or impair the utility of
properties, structures, or uses in the surrounding area in that the design sets the
building back sufficiently so as not to impair the property to the west and does not
affect the use of neighboring properties and buildings.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the proposed building colors and architecture are designed
to blend in with the other existing commercial buildings and the proposed buildings
are located in such a manner so as not to cause problems with the use of the
adjacent properties.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision
Map Act (Government Code Title 7, Division 2), and the California Environmental Quality
Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of
Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the
following timelines have been established for action on this project:
Date Application Determined Complete: April 27, 2006
Planning Commission Action Deadline: n/a
City Council Action Deadline: July 26, 2006
000,;0:::;
Honorable Planning Commission
May 23, 2006
Page 6
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a
Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15332 (Class 32: In -Fill Development Projects) of the California
Code of Regulations (CEQA Guidelines). No further environmental documentation is
required.
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing;
2. Adopt Resolution No. PC -2006- recommending to the City Council conditional
approval of Commercial Planned Development Permit No. 2005 -01.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Site Plan
4. Ground Floor Plan
5. Second Floor Plan
6. Elevations
7. Draft PC Resolution with Conditions of Approval
8. Large Project Exhibits
Honorable Planning Commission
May 23, 2006
Page 7
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RESOLUTION NO. PC -2006-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED
DEVELOPMENT NO. 2005 -01 TO ALLOW CONSTRUCTION OF
AN APPROXIMATELY 25,500 SQUARE -FOOT OFFICE
BUILDING ON A 1.6 ACRE PARCEL LOCATED ON THE SOUTH
SIDE OF LOS ANGELES AVENUE, WEST OF LETA YANCY
ROAD, ON THE APPLICATION OF ABDY KHORRAMIAN,
ARCHITECT
WHEREAS, at a duly noticed public hearing on May 23, 2006, the Planning
Commission considered Commercial Planned Development No. 2005 -01 on the
application of Abdy Khorramian, Architect, for construction of an approximately 25,500
square -foot office building on a 1.6 acre parcel located on the south side of Los Angeles
Avenue, west of Leta Yancy Road; and
WHEREAS, at its meeting of May 23, 2006, 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; reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15332 as a Class 32 exemption for infill 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 other applicable regulations in that the proposed project meets or exceeds
the Ordinance requirements for setbacks, parking, landscaping, and height, and
meets or exceeds the existing General Plan and zoning designation
requirements for the property.
B. The site design would not create negative impacts on or impair the utility of
properties, structures, or uses in the surrounding area in that the design sets the
\ \Mor_pri_sery \City Share \Community Development \DEV PMTS \C P D\2005 \01 Moorpark Office Building \Reso\PC_Reso.doc
PC ATTACHMENT 7 001-10Cc
Resolution No. PC -2006-
Page 2
building back sufficiently so as not to impair the property to the west and does
not affect the use of neighboring properties and buildings.
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that the proposed building colors and architecture are
designed to blend in with the other existing commercial buildings and the
proposed buildings are located in such a manner so as not to impede the use of
the adjacent properties.
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of Commercial Planned
Development No. 2005 -01 subject to the special and standard conditions of approval
included in Exhibit A (Special and Standard Conditions of Approval), attached hereto
and incorporated herein by reference.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 23rd day of May, 2006.
Kipp A. Landis, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A — Special and Standard Conditions of Approval
Resolution No. PC -2006-
Page 3
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR COMMERCIAL PLANNED DEVELOPMENT NO. 2005 -01
SPECIAL CONDITIONS
1. The landscape plan shall incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director.
2. All landscaping and irrigation shall be installed prior to occupancy.
3. Lighting fixtures shall 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 shall be screened with landscaping
subject to the review and approval of the Community Development Director.
6. All gas, electric, water and any other utility meters or boxes shall be screened to
the degree allowable by the utility companies, and subject to the review and
approval of the Community Development Director.
7. The proposed shade structure, benches, and landscaping shall be subject to
review and approval of the Community Development Director.
8. The parking lot walkway shall be decorative concrete. The location, pattern,
color, and design shall be subject to review and approval of the Community
Development Director.
9. Prior to any construction work in or on Los Angeles Avenue, the applicant shall
obtain all necessary permits from the California Department of Transportation
Office of Permits.
10. All signage shall 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 Community Development
Director.
11. 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
0vi'0r -
Resolution No. PC -2006-
Page 4
City is never required to assume the maintenance of any such improvements
maintained by a Private Responsible Party, the amount of the annual
assessment actually levied upon the affected properties would be minor amount,
possibly zero. The City shall administer the annual renewal of the Back -Up
District and any costs related to such administration shall be charged to the Fund
established for such district revenues and expenses. The aforementioned backup
district may include the landscape setbacks including an irrevocable access
easement given to the City.
12. During construction, perimeter lighting shall be installed at a minimum of 150 foot
intervals and at height not less than fifteen feet (15') from the ground. The light
source used shall have a minimum light output of 2,000 lumens, shall be
protected by a vandal resistant cover, and shall be lighted during the hours of
darkness. Lighting shall be installed subject to review and approval of the
Community Development Director and Chief of Police.
13. Prior to the commencement of construction, including grading, fencing, not less
than six feet (6') in height, which is designed to preclude human intrusion, shall
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.
14. Should it be determined by the City Engineer and the Community Development
Director that an additional exit or a different drainage solution is required the
applicant shall construct a driveway and provide a reciprocal access and
drainage easement agreement with the property to the east..
15. If required by the City Engineer, prior to issuance of a grading permit, the
Applicant shall provide an Irrevocable Offer of Dedication to the City of an
easement for the purpose of providing ingress /egress access, drainage and
parking to the adjacent property to the east. The City of Moorpark shall not
assume any responsibility for the offered property or any improvements to the
property until this action has been accepted by the City Council. If accepted by
the City of Moorpark, this easement may be fully assignable to the property
owner to the west of this property, as an easement appurtenant for parking,
ingress /egress access purposes and all uses appurtenant thereto. The form of
the Irrevocable Offer of Dedication and other required appurtenant documents
required to satisfy the above requirements shall be to the satisfaction of the
Community Development Director, City Engineer and the City Attorney.
16. On -site water detention area(s) shall not be so deep, or the sides so steep, as to
require fencing.
17. Hours of operation shall be from 6 a.m. to 10 p.m. Monday through Saturday
unless otherwise approved by the City. Any exterior maintenance, cleaning,
0()CI0U
Resolution No. PC -2006-
Page 5
sweeping and landscape work may only be performed between 7:00 a.m. and
10:00 P.M.
18. Loading and unloading operations are allowed only between the hours of 7:00
a.m. and 7:00 p.m. Monday through Fridays. More restrictive hours for loading
and unloading may be imposed by the Community Development Director if there
are noise and other issues that make the loading and unloading incompatible
with the adjacent residential uses. There shall be no idling of trucks while
loading or unloading.
STANDARD CONDITIONS
A. The following conditions shall be required of all projects:
GENERAL REQUIREMENTS
1. Within thirty (30) calendar days of approval of this entitlement, the applicant shall
sign and return to the Planning Division an Affidavit of Agreement and Notice of
Entitlement Permit Conditions of Approval, indicating that the applicant has read
and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of
Agreement/Notice shall include a legal description of the subject property, and
have the appropriate notary acknowledgement suitable for recordation.
2. This planned development permit shall expire one (1) year from the date of its
approval unless the use has been inaugurated by issuance of a building permit
for construction. The Community Development Director may, at his /her
discretion, grant up to two (2) additional one -year extensions for use inauguration
of the development permit, if there have been no changes in the adjacent areas
and if the applicant can document that he /she has diligently worked towards use
inauguration during the initial period of time. The request for extension of this
planned development permit shall be made in writing, at least thirty (30) days
prior to the expiration date of the permit and shall be accompanied by applicable
entitlement processing deposits.
3. The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies
at the time of the entitlement approval, supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on
said Map and /or plans.
4. Conditions of this entitlement shall not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
5. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this project are hereby adopted and included as
requirements of this entitlement. Where conflict or duplication between the
Resolution No. PC -2006-
Page 6
MMRP and the Conditions of Approval occurs the Community Development
Director shall determine compliance.
6. If any archeological or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall cease in the immediate area and the
find shall be left untouched. The applicant shall assure the preservation of the
site and immediately contact the Community Development Director informing the
Director of the find. The applicant shall be required to obtain the services of a
qualified paleontologist or archeologist, whichever is appropriate to recommend
disposition of the site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The applicant shall pay for all
costs associated with the investigation and disposition of the find.
7. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning this entitlement approval, which claim, action or
proceeding is brought within the time period provided therefore in Government
Code Section 66499.37 or other sections of state law as applicable. The City will
promptly notify the applicant of any such claim, action or proceeding, and, if the
City should fail to do so or should fail to cooperate fully in the defense, the
applicant shall not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a Final Map is ultimately recorded with respect to
the subdivision or a building permit is issued pursuant to the planned
development permit.
8. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
9. All facilities and uses, other than those specifically requested in the application
and those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
Resolution No. PC -2006-
Page 7
FEES
10. Entitlement Processing: Prior to the issuance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading permit the
applicant shall submit to the Community Development Department all
outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment shall be made within sixty (60) calendar days of
approval of this entitlement.
11. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit to
the Community Development Department the Condition Compliance review
deposit.
12. Capital Improvements and Facilities, and Processing: Prior to the issuance of any
Zoning Clearance, the applicant shall submit to the Community Development
Department, capital improvement, development, and processing fees at the
current rate in effect. Said fees include, but are not limited to building and public
improvement plan checks and permits. Unless specifically exempted by City
Council, the applicant is subject to all fees imposed by the City as of the issuance
of the first permit for construction and such future fees imposed as determined by
City in its sole discretion so long as said fee is imposed on similarly situated
properties.
13. Parks: Prior to issuance of a Zoning Clearance for a building permit, the applicant
shall submit to the Community Development Department Park and Recreation
Fees of $0.50 per square foot of building area.
14. Tree and Landscape: Prior to or concurrently with the issuance of a building
permit the Tree and Landscape Fee shall be paid to the Building and Safety
Division. The fee shall be paid in accordance with City Council adopted Tree and
Landscape Fee requirements in effect at the time of building permit application.
15. Fire Protection Facilities: Prior to or concurrently with the issuance of a building
permit, current Fire Protection Facilities Fees shall be paid to the Building and
Safety Division. The fee shall be paid in accordance with City Council adopted
Fire Protection Facilities Fee requirements in effect at the time of building permit
application.
16. Library Facilities: Prior to or concurrently with the issuance of a building permit
the Library Facilities Fee shall be paid to the Building and Safety Division. The
fee shall be paid in accordance with City Council adopted Library Facilities Fee
requirements in effect at the time of building permit application.
17. Police Facilities: Prior to or concurrently with the issuance of a building permit the
Police Facilities Fee shall be paid to the Building and Safety Division. The fee
shall be paid in accordance with City Council adopted Police Facilities Fee
requirements in effect at the time of building permit application.
Resolution No. PC -2006-
Page 8
18. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for
each building permit, the applicant shall submit to the Community Development
Department the established Moorpark Traffic Systems Management (TSM) Fee
for the approved development consistent with adopted City policy for calculating
such fee but in no case shall the fee be less than $0.63 per square foot of gross
building area.
19. Intersection Improvements: Prior to issuance of the first Zoning Clearance for a
building permit, the applicant shall submit to the Community Development
Department a fair -share contribution for intersection improvements relating to the
project. The level of fair share participation will be to the satisfaction of 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.
20. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit,
the applicant shall submit to the Community Development Department the
Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential
projects, or by use for commercial and industrial projects, based upon the
effective date of approval of the entitlement. Commencing on the first of the year
of this approval, and annually thereafter, the fee ($22,838.00 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 substantialli the
same result as would otherwise have been obtained if the Bid Price Index had
not been discontinued or revised.
21. Area of Contribution: Prior to the issuance of a Zoning Clearance for each
building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the project
is located. The fee shall be paid in accordance with City Council adopted AOC
fee requirements in effect at the time of building permit application.
22. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a
building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting
for a period of one year from the acceptance of the street improvements.
23. Schools: Prior to issuance of building permits for each building, the applicant
shall provide written proof to the Community Development Department that all
legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
0 ()t�0 -.-C)
Resolution No. PC -2006-
Page 9
24. Art in Public Places: Prior to or concurrently with the issuance of a Zoning
Clearance for building permit, the applicant shall contribute to the Art in Public
Places Fund in the amount of 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.
25. Electronic Conversion: In accordance with City policy, the applicant shall submit
to the Community Development Department, City Engineer and the Building and
Safety Division the City's electronic image conversion fee for
entitlement/condition compliance documents; Final Map/ engineering
improvement plans /permit documents; and building plans /permit documents,
respectively.
26. Fish and Game: Within two (2) business days after the City Council adoption of a
resolution approving this project, the applicant shall submit to the City of
Moorpark two separate checks for Negative Declaration or Environmental Impact
Report, and Administrative Fee, both made payable to the County of Ventura, in
compliance with Assembly Bill 3158 for the management and protectic,n of
Statewide Fish and Wildlife Trust Resources. Pursuant to Public Resources
Code Section 21089, and Fish and Game Code Section 711.4, the project is not
operative, vested or final until the filing fees are paid.
27. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to the
Community Development Department citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with City Council adopted
Storm Drain Discharge Maintenance Fee requirements in effect at the time of
building permit application.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
28. Prior to the issuance of a certificate of occupancy for any building, the applicant
shall submit a Master Sign Program to the Community Development Director for
review and approval. The Master Sign Program shall be designed to provide
comprehensive on -site sign arrangement and design consistent with the
commercial /industrial center architecture and the City's Sign Ordinance
requirements.
29. For all flat roofed portions of buildings, a minimum eighteen inch (18 ") parapet
wall above the highest point of the flat roof shall be provided on all sides.
Resolution No. PC -2006-
Page 10
30. Skylights are prohibited unless approved through the Planned Development
Permit process or as a Modification to the Planned Development Permit.
31. Exterior downspouts shall not be permitted unless designed as an integral part of
the overall architecture and approved by the city as part of the planned
development permit.
32. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot
be ground- mounted may be approved by the Community Development Director.
In no event shall roof - mounted equipment (vents, stacks, blowers, air
conditioning equipment, etc.) be allowed unless architecturally screened from
view on all four sides and painted to match the roof. All screening shall be
maintained for the life of the permit.
33. Roof - mounted equipment and other noise generation sources on -site shall be
attenuated to 45 decibels (dBA) or to the ambient noise level at the property line
measured at the time of the occupancy, whichever is greater. Prior to the
issuance of a Zoning Clearance for initial occupancy or any subsequent
occupancy, the Community Development Director may request the submittal of a
noise study for review and approval. The noise study would need to show that
the current project attenuates all on -site noise generation sources to the required
level or provide recommendations as to how the project could be modified to
comply. The noise study must be prepared by a licensed acoustical engineer in
accordance with accepted engineering standards.
34. Any outdoor ground level equipment, facilities or storage areas including, but not
limited to loading docks, trash enclosures, cooling towers, generators, shall be
architecturally screened from view with masonry wall and /or landscaping as
determined by the Community Development Director.
35. A utility room with common access to house all meters and the roof access
ladder shall be provided unless an alternative is approved by the Community
Development Director.
36. No exterior access ladders of any kind to the roof shall be permitted.
37. Parking areas shall be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading
bay striping shall be maintained so that it remains clearly visible during the life of
the development.
38. Prior to any re- striping of the parking area a Zoning Clearance shall be required.
All disabled parking spaces and paths of travel shall be re- striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director.
39. All parking areas shall be surfaced with asphalt or concrete and shall include
adequate provisions for drainage, National Pollution Discharge Elimination
System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or
posts in parking areas adjacent to landscaped areas. All parking and loading
0000'x.
Resolution No. PC -2006-
Page 11
areas shall be maintained at all times to insure safe access and use by
employees, public agencies and service vehicles.
40. The Building Plans shall be in substantial conformance to the plans approved
under this entitlement and shall specifically reflect the following:
a. Transformer and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1) shall be shown on
the site plan and landscaping and irrigation plan and screened from street
view with masonry wall and /or landscaping as determined by the
Community Development Director.
b. Bicycle racks or storage facilities, in quantities as required by the
Community Development Director.
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 Community Development Director. If
drains from the loading area are connected to the sewer system, they are
subject to the approval of Ventura County Waterworks District No. 1.
d. Final exterior building materials and paint colors shall be consistent with
the approved plans under this permit. Any changes to the building
materials and paint colors are subject to the review and approval of the
Community Development Director.
e. All exterior metal building surfaces, including roofing, shall be coated or
sealed with rust inhibitive paint to prevent corrosion and release of metal
contaminants into the storm drain system.
f. Trash disposal and recycling areas shall be provided in a location which
will not interfere with circulation, parking or access to the building. Exterior
trash areas and recycling bins shall use impermeable pavement, be
designed to have a cover and so that no other area drains into it, The
trash areas and recycling bins shall be depicted on the final construction
plans, the size of which shall be approved by the Community
Development Director, City Engineer and the City's Solid Waste
Management staff. When deemed appropriate, drains from the disposal
and recycling areas shall be connected to the sewer system, and are
subject to the approval of Ventura County Waterworks District No. 1.
Review and approval shall be accomplished prior to the issuance of a
Zoning Clearance for building permit.
41. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the
applicant shall install U.S. Postal Service approved mailboxes in accordance with
the requirements of the local Postmaster.
42. Any expansion, alteration or change in architectural elements requires prior
approval of the Community Development Director. Those changes in
architectural elements that the Director determines would visible from abutting
Resolution No. PC -2006-
Page 12
street(s) shall only be allowed, if, in the judgment of the Community Development
Director such change is compatible with the surrounding area. Any approval
granted by the Director shall be consistent with the approved Design Guidelines
(if any) for the planned development and applicable Zoning Code requirements.
43. When required by Title 15 of the Moorpark Municipal Code, rain gutters and
downspout shall be provided on all sides of the structure for all structures where
there is a directional roof flow. Water shall be conveyed to an appropriate
drainage system, consistent with NPDES requirements, as determined by the
City Engineer.
OPERATIONAL REQUIREMENTS
44. All uses and activities shall be conducted inside the building(s) unless otherwise
authorized by the Community Development Director and consistent with
applicable Zoning Code provisions.
45. Prior to the issuance of a Zoning Clearance for any use which requires handling
of hazardous or potentially hazardous materials, the applicant shall provide proof
that he /she has obtained the necessary permits from Ventura County
Environmental Health Division. Should the Community Development Director
determine that a compatibility study is required; the applicant shall apply for a
Modification to the entitlement.
46. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
47. 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.
48. No noxious odors shall be generated from any use on the subject site
49. The applicant and his /her successors, heirs, and assigns shall remove any graffiti
within five (5) days from written notification by the City of Moorpark. All such
graffiti removal shall be accomplished to the satisfaction of the Community
Development Director.
50. Should continued compliance with these Conditions of Approval not be met the
Community Development Director may declare the project to be out of
compliance, or the Director may declare, for some other just cause, the project to
be a public nuisance. The applicant shall be liable to the City for any and all
costs and expenses to the City involved in thereafter abating the nuisance and in
obtaining compliance with the Conditions of Approval or applicable codes. If the
applicant fails to pay all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.080).
Resolution No. PC -2006-
Page 13
51. 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.
52. 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.
53. Prior to or concurrently with the issuance of a Zoning Clearance for a grading
permit, the applicant shall submit the construction phasing plan for approval by
the Community Development Director and City Engineer. Phasing shall avoid, to
the extent possible, construction traffic impacts to existing adjacent residential,
commercial and industrial areas, if any.
54. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Community Development Director for review and
approval. The Plan shall include a designated building manager, who is
responsible for initiating on -site waste materials recycling programs, including
acquiring storage bins for the separation of recyclable materials and coordination
and maintenance of a curbside pickup schedule.
55. 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
56. Prior to the issuance of a Zoning Clearance for building permits the applicant
shall submit to the Community Development Director for review and approval,
with the required deposit, three full sets of Landscaping and Irrigation Plans
prepared by a licensed landscape architect and drawn on a plan that reflects final
grading configuration, in conformance with the City of Moorpark Landscape
Standards and Guidelines, policies and NPDES requirements; including, but not
limited to, all specifications and details and a maintenance plan. Fences and
walls shall be shown on the Landscape and Irrigation Plans, including
connection, at the applicant's expense, of property line walls with existing fences
and or walls on any adjacent residential, commercial or industrial properties. The
plan shall maintain proper vehicle sight distances subject to the review of the City
Engineer, and encompass all required planting areas consistent with these
Conditions of Approval. Review by the City's Landscape Architect Consultant and
City Engineer, and approval by the Community Development Director prior to
issuance of a Zoning Clearance for building permit, is required.
Resolution No. PC -2006-
Page 14
57. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, shall be submitted to the Community
Development Director for review and approval. The lighting plan, prepared by an
electrical engineer registered in the State of California, shall be in conformance
with the Moorpark Municipal Code.
58. 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.
59. All required landscape easements shall be clearly shown on the Final Map or on
other recorded documents if there is no Final Map.
60. 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.
61. When available, use of reclaimed water shall be required for landscape areas
subject to the approval of the Community Development Director, the City
Engineer and Ventura County Waterworks District No. 1.
62. Landscaped areas shall be designed with efficient irrigation to reduce runoff and
promote surface filtration and minimize the use of fertilizers and pesticides, which
can contribute to urban runoff pollution. Parking and associated drive areas with
five (5) or more spaces shall be designed to minimize degradation of storm water
quality. Best Management Practice landscaped areas for infiltration and
biological remediation or approved equals, shall be installed to intercept and
effectively prohibit pollutants from discharging to the storm drain system. The
design shall be submitted to the Community Development Director and City
Engineer for review and approval prior to the issuance of a building permit.
63. All landscaping shall be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
64. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot
boundaries shall be in place, unless an alternative installation is approved by the
Community Development Director.
C. Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
GENERAL
65. Grading, drainage and improvement plans and supporting reports and
calculations shall be prepared in conformance with the "Land Development
Resolution No. PC -2006-
Page 15
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.
66. The applicant and /or property owner shall provide verification to the City
Engineer that all on -site storm drains have been cleaned at least twice a year,
once immediately prior to October 1st (the rainy season) and once in January.
The City Engineer may require additional cleaning depending upon site and
weather conditions.
67. 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.
68. 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.)
69. 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.
70. 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). Whcn 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.
Resolution No. PC -2006-
Page 16
71. 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.
72. 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.
73. The applicant shall post in a conspicuous location the construction hour limitation
and make each construction trade aware of the construction hour limitations.
GRADING
74. 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.
75. Prior to the issuance of a grading permit (should an early grading agreement be
approved for this project) or prior to Final Map, whichever occurs first, the
applicant shall provide written proof to the City Engineer that any and all wells
that may exist or have existed within the project have been properly sealed or
have been destroyed or abandoned per Ventura County Ordinance No. 2372 or
Ordinance No. 3991 and per Division of Oil and Gas requirements.
PUBLIC AND PRIVATE STREETS
76. 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.
77. 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
78. 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.
Resolution No. PC -2006-
Page 17
Collector streets shall be designed to have a minimum of one dry travel lane in
each direction.
79. 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 tc 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)
80. 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 ol the
project.
81. 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.
82. 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
Resolution No. PC -2006-
Page 18
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
83. 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.
84. 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.
85. 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.
86. 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.
87. 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.
88. 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
0 0 ,
Resolution No. PC -2006-
Page 19
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.
89. 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);
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:
90. 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:
91. 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
Resolution No. PC -2006-
Page 20
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.
92. 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
93. 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 withir, 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').
94. Approved turnaround areas for fire apparatus shall be provided when dead -end
Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not
exceed a five percent (5 %) cross slope in any direction and shall be located
within one - hundred -fifty feet (150') of the end of the access road /driveway.
95. 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.
96. When only one (1) access point is provided, the maximum length shall not
exceed eight- hundred feet (800').
97. Public and private roads shall be named if serving more than four (4) parcels or
as required by the Fire District.
98. Approved walkways shall be provided from all building openings to the public
way or Fire District access road /driveway.
99. Structures exceeding three stories or forty -eight feet (48') in height shall meet
current VCFPD Ordinance for building requirements. Structures exceeding
0(`005. 2
Resolution No. PC -2006-
Page 21
seventy -five feet (75') in height shall be subject to Fire District high rise building
requirements.
100. 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.
101. 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
102. 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.
103. 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.
104. 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.
105. Prior to occupancy of any structure, blue reflective hydrant location markers shall
be placed on the access roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy, hydrant location markers
shall still be installed and shall be replaced when the final asphalt cap is
completed.
106. 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.
107. 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.
108. 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 -sitf: fire
Resolution No. PC -2006-
Page 22
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.
109. 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.
110. 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.
111. Prior to the issuance of a certificate of occupancy by the Building Division the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
112. 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."
113. 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.
114. Prior to framing the applicant shall clear for a distance of one hundred feet all
grass or brush exposing any structure(s) to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
115. 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.
116. 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.
00f,W :_1
Resolution No. PC -2006-
Page 23
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.
117. 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:
118. 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:
119. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services. To
the degree feasible and to the satisfaction of the Community Development
Director and the Police Chief, public safety planning recommendations shall be
incorporated into the project plans. The applicant shall prepare a list of project
features and design components that demonstrate responsiveness to defensible
space design concepts.
- END -
0V4 ,0 :'�
ITEM: 9.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Director
Prepared by: Laura Stringer, Administrative Se c Manager
DATE: May 1, 2006 (PC Meeting of 5123106)
SUBJECT: Consider Scheduling of a Summer Meeting Recess to Coordinate with
City Council Recess
BACKGROUND AND DISCUSSION
On May 3, 2006, the City Council considered a summer recess schedule, and directed staff
to post a notice of cancellation of the July 5 and August 16, 2006, regular City Council
meetings. Staff is requesting that the Planning Commission determine the 2006 summer
recess schedule, and recommends cancellation of the August 22, 2006, regular Planning
Commission meeting, to best coordinate with the approved City Council recess.
STAFF RECOMMENDATION
Direct staff to post a notice of meeting cancellation for the August 22, 2006, regular
meeting.
\ \Mor_pri_sery \City Share\Community Development\ADMIN\COMMISSION\P C POLICIES \agenda reports\2006 \06_0523 su
recess.doc
ITEM: 9.13.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Direct
Prepared By: Joseph R. Vacca, Principal Plann
DATE: May 12, 2006 (PC Meeting of 5/23/2006)
SUBJECT: Consider Receiving Information on an Application for Commercial
Planned Development (CPD) Permit No. 2005 -06 to Allow Construction
of a 137,627 Square Foot Home Improvement Store and Garden Center
on an 11.2 Acre Site, on the Application of Home Depot, Located at the
End of Patriot Drive Off of Miller Parkway (Assessor Parcel No. 512 -0-
260 -045)
BACKGROUNDIDISCUSSION
On December 23, 2005, an application for Commercial Planned Development Permit No.
2005 -06 was submitted by Home Depot for a 102,867 square foot home improvement
store with a 34,760 square foot attached garden center. The total retail home improvement
store is proposed to be 137,627 square feet and is located on approximately 11.2 acres of
vacant land. The property is at the easternmost terminus of Patriot Drive, east of Miller
Parkway, and south of the Moorpark Marketplace, adjacent to the State Route 23 Freeway.
Staff has been working with the applicant on the overall site design, and architectural
treatment of the home improvement store. The site is proposed to take access off of
Patriot Drive and has parking in front of the store, the garden center adjacent to the SR -23
Freeway, with retail un- loading in the rear. The architectural style is patterned after the
Moorpark Marketplace with Spanish styled elements including large gable ends with
exposed wood rafter tails, tower elements, parapet roofs with ceramic the accents, as well
as colonnades covered with clay roofing tile. Staff continues to work on site planning and
landscaping design as well as architectural detailing.
Staff is introducing this project to give the Planning Commission an opportunity to
understand the project scope and ask questions on the details of the project application.
A public hearing will be advertised for the June 27, 2006 Planning Commission meeting.
Comments on the project and discussion of the merits of the application would take place
only after the public hearing is held and closed. A landscape plan, site plan, floor plans,
and building elevations are attached.
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Honorable Planning
May 23, 2006
Page 2
STAFF RECOMMENDATION
Development Plans
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Moorpark, California
Legend
�j General Merchandise Sales Area 93,900 S.F.
__r�.I OHre and Rell Arras 3,910 S.F.
Loading Dock and Receiving Areas TABS S.F.
Tool Rental Center Area 1,968 S.F.
102,867 S.F.
Outdoor Garden Center Area 34,7605.F.
Total Building Area with Outdoor Garden
Center Area 137,627 S.F.
Vestibule Area 3,4115.F.
Floor Plan
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